- cypherpunks-legacy - lists.cpunks.org

Why should we trust the system?
by jim bell 17 Dec '03

17 Dec '03

When supporting plans like GAK ("key escrow") and wiretaps, you will frequently see the Denning-types justify them by claiming that there's protection from a requirement that a judge issue a search warrant. It should be instructive, then, to present the Richard Jewell case as an excellent counter-example. Richard Jewell, as you should all be aware, is the poor soul who happened to first see that pipe bomb at the Atlanta Olympics. However, hours after it was publicly revealed that the Atlanta 911 center screwed up, wasting 10 minutes looking up the address of "Centennial park," officialdom suddenly discovered they needed news to divert attention from their buffoonery. They found it, as if on cue. Tonight, I saw a national network news show say how Jewell is apparently quite innocent, and that the news media was quite willingly "used" by the government to convict Jewell in the press. Great mea culpa, but that still leaves some serious questions. Presumably, the government got warrants to search Jewell's apartment, correct? Okay, what evidence did they use to support the granting of those warrants? What, EXACTLY, did they tell the judge that ostensibly convinced him to grant a warrant? Remember, police aren't supposed to get a warrant simply if they can't prove that a person is NOT a bomber. The standard is suppose to work the other way around: The police should get a warrant only if the amount of evidence of guilt (or, evidence of evidence) is sufficiently detailed to rise to a certain level of authority, known as "probable cause." Evidence doesn't evaporate. More precisely, the police had a responsibility to collect enough evidence together, POSITIVELY, to be able to show probable cause to believe that a crime had occurred, and that Jewell was guilty. Some of that evidence might, hypothetically, have initially appeared to show guilt and was later clarified, but that early evidence must still exist, to at least show the public that the cops didn't entirely fabricate the justifications they used to get the warrants. So I ask again, did the police/FBI EVER have enough evidence to convince anyone by that "probable cause" standard? Well, if they say they had it in the case of Richard Jewell, that isn't very reassuring. Okay, I'll admit that I _never_ believed that judges actually follow the standards they claim to. But many other people of those who are more establishmentarian than I (I guess that group includes just about everybody, huh?) at least pretend to believe this, or hope this, and maybe a few suckers actually do. It should be their responsibity, then, to show that the granting of a search warrant occurs only when justified. In Jewell's case, that was not the case. If we allow this fiasco to die without a full analysis, particularly in light of the government's repeated assurances with regards to search warrants, we will be as incompetent as the police were. Jim Bell jimbell(a)pacifier.com

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"Thank you for not smoking" and other euphemisms
by tcmay＠got.net 17 Dec '03

17 Dec '03

[Not to pick on Alan, but I clipped out 8 (eight) separate cc: copies besides the main address! People, take a minute to trim the ever-accumulating cc: list. If someone is subscribed to CP, they don't need a separate copy. And so on.] At 1:11 AM 8/9/96, Alan Horowitz wrote: >Nrth Carolina Jury instructions also mention that petite jurors are >"discouraged" from asking questions of the witness. I guess that means >they are not forbidden to do so. "Petite jurors" Is this a typo, or a special term of art in North Carolina? But your "discouraged" point is well-taken, an all too common. Other examples are: "Thank you for not smoking" (Suggesting they'll thank me if I don't smoke, but not actually forbid me from smoking. Of course, this euphemism means "Smoking forbidden.") "Donations suggested." This usually for leftist events, e.g., a speech by a Nicaraguan freedom fighter. Of course, what they really mean is "admission fee mandatory," but they call it a "suggested donation." I doubt one will be arrested for barging through the door without paying the "suggested donation," but this is a possibility, as they may deny admission. (And then there's the "sliding scale donation suggested," say, from $5 to $15. Presumably this is the embodiment of pure Marxist theory, "from each according to his ability, to each according to his need." Be interesting to see their reaction if one declined to make any donation.) --Tim May Boycott "Big Brother Inside" software! We got computers, we're tapping phone lines, we know that that ain't allowed. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay(a)got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Licensed Ontologist | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."

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Suit filed to enjoin crypto provisions of the ITAR
by Peter D. Junger 17 Dec '03

17 Dec '03

[I have cross-posted this press release by my lawyers to several mailing-lists. I am subscribed to all of them and I believe that this information is relevant to all of them, but I apologize because you may receive several copies.] -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH Internet: junger(a)pdj2-ra.f-remote.cwru.edu junger(a)samsara.law.cwru.edu URL: http://samsara.law.cwru.edu ------------------------Press Release--------------------------------- Law Professor Sues Federal Government Over Computer Privacy Issues Federal Civil Rights Action Seeks Injunction Against State Department And National Security Agency Cleveland Scholar Attacks Prohibition On Discussing Cryptographic Software With Foreign Students And Colleagues For Immediate Release Cleveland, Wednesday, August 7, 1996 For More Information Contact: Raymond Vasvari (216) 522-1925 Gino Scarselli (216) 291-8601 More Information Will Be Available at: URL: //http:/samsara.law.cwru.edu A Case Western Reserve University law professor filed suit today in federal court, challenging government regulations which restrict his ability to teach a course in computer law. Peter Junger, a twenty-five year veteran of the law school faculty, will file a federal civil rights action this afternoon in the United States District Court in Cleveland. The suit names the Department of State and the secretive National Security Agency, which administer federal regulations limiting Professor Junger's ability to teach. The case involves the International Traffic in Arms Regulations, or ITAR, federal regulations which restrict the export of military technology. Under the ITAR, cryptographic computer software, which encodes text to preserve the privacy of messages on the Internet, is considered a "munition" and subject to strict export control. The regulations raise significant First Amendment questions by defining "export" to include discussing technical information about non-classified software with foreign nationals, such as students registered for Professor Junger's course. In recent months, the State Department has sent a series of letters threatening possible criminal action to a Florida man who posted a simple cryptographic algorithm to the "sci.crypt" Usenet Newsgroup, an Internet site popular with cryptography enthusiasts. These and similar incidents have caused Professor Junger to limit his discussions of cryptographic material with foreign colleagues, for fear of violating the ITAR. Penalties for unlicenced disclosure of cryptographic information are severe: federal law provides ten year prison terms and One Million Dollar fines for those convicted of violating the Arms Export Control Act, the legislation under which the ITAR was promulgated. Professor Junger, whose class at Case Western Reserve focuses on the legal aspects of computer use and software development, plans to turn away any foreign students who register for the course this fall, largely because the law is uncertain as to what he may teach, and to whom. The restrictions at issue are administered by the Department of State, in cooperation with the ultra-secret National Security Agency, the organization charged with eavesdropping on foreign governments. Under the ITAR, Junger may not teach foreign students about even simple software capable of encoding messages. Such software is vital to maintaining the privacy of communications and financial transactions on the Internet, and Junger believes that lawyers need to understand how it works in order to prepare to practice in an increasingly technological world. The information that Junger wishes to disclose is widely available on the Internet and elsewhere. "It's not as though we are talking about classified information," explained Gino Scarselli, one of three lawyers representing Junger in the case. "The material at issue in this case can be found in any university library, but the regulations make no exceptions for even the most basic software," Scarselli noted. The lawsuit does not challenge the government's right to restrict access to classified information. Junger is also represented by Raymond Vasvari and Kevin Francis O'Neill, two Cleveland attorneys with considerable experience in First Amendment issues. As Vasvari explained, the suit presents important First Amendment questions about the government's ability to regulate academic life. "These regulations allow the government to dictate what a professor may and may not teach, even though the material involved poses no threat to national security," Vasvari explained. The suit charges that by requiring Junger to apply for a federal license to discuss cryptography with foreigners, the government is violating a well-established First Amendment rule which prohibits the government from imposing prior restraints on expression without clear, narrowly drawn standards distinguishing prohibited expression from permissible speech. The United States Supreme Court has consistently held that such prior restraints face a heavy burden in court, and that standardless licencing schemes allowing officials broad discretion in restriction speech are unconstitutional. Because computer cryptography is expected to play an important role in the economic development of the Internet, the case is being closely watched. Scarselli has worked closely with attorneys affiliated with the San Francisco based Electronic Frontier Foundation in preparing the suit, and Junger and his lawyers have been in frequent contact with John Gilmore, formerly of Sun Microsystems, who has offered his assistance as a technical advisor in the case. At issue is not only Junger's right to discuss cryptography with foreigners, but also his and other's right to publish and distribute such information both in traditional forms and on the internet. Professor Junger's suit seeks declaratory and injunctive relief, prohibiting the government from interfering with his, or any other person's, discussing non-classified cryptographic information with foreign persons or from publishing that information. Lawyers for Junger have moved the court for a preliminary injunction. Junger's course begins in the fall semester, later this month.

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RE: STEGO GUNS
by talon57＠well.com 17 Dec '03

17 Dec '03

Jonathon <grafolog(a)netcom.com> wrote: >Said ordinance being passed, as a protest against Elk Grove, IL >passing an orinance, banning handguns. Anybody know when Elk >Grove revoked their ordinance? Crime went down for six months >there [ Elk Grove ] after the ban was passed, then it went up >far surpassing previous crime levels, for all types of crime. Pardon me Jonathon, but I believe you are confusing Morton Grove with Elk Grove. I do not have the statistics for the crime rates there, but several friends who have moved from there insist the crime rate has continued upwards as you mentioned. Also there are a couple of other interesting facts. 1) The city council exempted themselves from the handgun ban. 2) The wife of the Mayor reportedly purchased a handgun the day after the law was enacted. Brian

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Drive the SF Central Freeway, have your license plate photo'ed.
by i am not a number! 17 Dec '03

17 Dec '03

CBS radio news this morning: 80,000 commuters traveling the central f'way in SF will have information mailed to them regarding the quake retrofit blah blah. How? Their license plates have been photographed. ... and the cheery "news" anchorwoman sweetly moved on to the next story.....

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Conspiracy Rumors!
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Jonathan Wienke wrote: > Proud to be a charter member of the vast right-wing conspiracy! Rumor has it that Ted Kaczynski was only offered his life-saving plea bargain after your appearance in the Bay Area and your subsequent email to Slick Willie offering to fill in for terrible ted in his absence. Another rumor makes much of the fact that Netscape only backed off of their anti-trust attack on Microsoft and went back to their roots, providing source code to those battling against the micromonster, after you dumped their browser in favor of billybeast's exploiter program. Other rumors make much of the fact that the Anthrax Twins were arrested shortly after you left Las Vegas and met with the guitar player for Linda Lou & the Drifters, who just happens to do the electrical work for the Biosphere project outside of Tucson...a perfect environment for researching biological warfare delivery systems. IKnowWhoYouREALLYAreMonger

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Re: Anguilla Censors taxBomber ..... ??
by Hallam-Baker 17 Dec '03

17 Dec '03

Anonymous wrote: > > As of immediately, the "taxBomber's Site & Internet Offshore Center" > has been pulled by our Anguilla provider and will remain inaccessible > for a few days. Before people get too carried away the site is still up and appears to have been up all along. Of course it would be a convenient ploy to advertise a site of this type by claiming to have been censored. I had a look at their wares and was not impressed. The diplomatic passport and "second passport" offers are somewhat pricey at $10 to $20K. Note that a diplomatic passport does not convey any status or privileges unless the holders credentials have been accepted by host state. "non-revenue producing investments" will be familliar to anyone who has traded extensively in that area. Note that no country in the world offers such passports openly, to do so would be contrary to a number of international conventions. There has been the long running case of the South African immigration laws which meant that whites used to get citizenship whether they wanted it or not after a stay of about six months. Its possible that it hasn't been repealed. Note that the statement that the trade is illegal is countered by the assertion that the documents are genuine. Its very easy to obtain genuine documents if the right bribes are paid. That does not make a scheme legal. The various licenses etc appear to be avaliable on condition that you provide them with appropriate statements as to eligibility. If you apply for the student's card in this way and you are not a student you are committing fraud. If you are willing to do that you can get a student ID card much more easily - go to any branch of British Rail in the UK and you can have one for a few quid. Similarly the various other "offers" tend to be priced rather high. If you know what the card is being offered you can probably get it legit much cheaper. The piece de resistance is the offer of an EU driving license to peoplke from Ireland, Netherlands etc for only $680. Its the same goddam license! Just go to your embassy and ask them to replace your current license for an EU pink 'un. All in all stay well clear. Phill

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PGP/Unix scripts, mail proggies?
by Chris Lee 17 Dec '03

17 Dec '03

Hello all, I joined this list a while ago and am curious whether a there is a simple way to encrypt/decrypt e-mail with PGP in a Linux(Unix) enviroment...? Sorry if this has been answered a thousand times, but it would really make PGP a more viable option with my small ISP. Thank you very much for any answers, please reply to me personally. Chris Lee PS Please don't suggest any Windows programs, excluding X-Windows of course. :) =============================================================== | chrislee(a)sunspot.tiac.net | Finger for PGP Public Key | | "What color is a chameleon on a mirror?" -BSD | | WWW Page: http://www.tiac.net/users/chrislee | ===============================================================

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Re: GSM cellphones cloned---Threats?
by nobody＠REPLAY.COM 17 Dec '03

17 Dec '03

Tim May wrote: > Watch out, though, that the corps don't decide it might just be cheaper in > the long run to just pay the 10 grand to have Ian and Dave and yourself > whacked. Do you have a phone number? Is that 10 grand plus expenses? Just wondering.

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by owner-cypherpunks 17 Dec '03

17 Dec '03

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