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by registration＠snowball.com 18 Jun '01

18 Jun '01

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from IP: Feds will data tap under CALEA (fwd)
by Jim Choate 18 Jun '01

18 Jun '01

---------- Forwarded message ---------- Date: 18 Jun 2001 10:02:15 -0400 From: "Perry E. Metzger" <perry(a)wasabisystems.com> To: cryptography(a)wasabisystems.com Subject: from IP: Feds will data tap under CALEA Forwarded from Interesting People ------- Start of forwarded message ------- Date: Sun, 17 Jun 2001 21:34:44 -0400 Subject: IP: Feds will data tap under CALEA >From: "PAUL JULIEN" <p.julien(a)worldnet.att.net> >To: <farber(a)cis.upenn.edu> >Subject: Feds will data tap under CALEA >Date: Sun, 17 Jun 2001 12:48:49 -0400 >X-Mailer: Microsoft Outlook Express 5.00.2615.200 > >Dave: > > >From the article below: >"Communications companies carrying packet data have until Sept. 30 to >demonstrate that their systems will permit law enforcement officials to >conduct wiretaps. " > >Paul Julien >Rutherford NJ > > >* > > >http://www.zdnet.com/intweek/stories/news/0,4164,2773783,00.html > >Unresolved Issues Dog Fed's Data-Tap Efforts >By Doug Brown, Interactive Week >June 11, 2001 > > >Rapid changes in communications technology threaten to make "a big mess" out >of the federal government's ambitious plans to weave wiretapping into the >fabric of the digital age, while a 1994 law grows increasingly outdated. > >While parts of the 1994 Communications Assistance for Law Enforcement Act >(CALEA) have already been implemented by phone and other communications >carriers, important areas of the law are being disputed in courtrooms and >mulled over by bureaucrats in the Federal Bureau of Investigation and the >Federal Communications Commission. > >One unresolved issue is how to handle packet data, a technology that was in >its infancy when the law was written, but has since emerged as the leading >method for transmitting voice and data in the Internet age. > >Communications companies carrying packet data have until Sept. 30 to >demonstrate that their systems will permit law enforcement officials to >conduct wiretaps. The industry has filed requests with the FCC to extend the >deadline. The FBI argues that extensions should not be granted. Industry >representatives say they need to figure out a way to separate the packets' >header data from content before they can implement any standards, and the >technological solution to the problem could take years to figure out. It's >up to the FCC to decide how to proceed. > >"We believe the packet issue is going to be around for a long time," said >Rodney Small, an economist in the FCC's office of engineering and technology >who handles CALEA. Industry has "decided it's too expensive to do this, and >they aren't sure what the privacy implications are," Small said. "They are >getting cold feet, legally and financially. Meanwhile, these new >technologies keep developing. . . . On the packet data [issue], there could >be more petitions and it could be a big mess." > >An industry official agreed. "You will see more lawsuits or court >challenges. You'll certainly see carriers filing extensions on packet data >deadlines," said Grant Seiffert, vice president of external affairs and >global policy at the Telecommunications Industry Association, a trade group >representing many telecommunications carriers implicated in the CALEA >regulations. "In a packet world, somebody has to open the packet to look for >the information the FBI is seeking. Is the FBI going to do it? We're not >going to do it unless we are paid to do it. Who is going to be looking over >everyone's shoulders when we open up this information?" > >As the packet data issue looms, industry and civil liberties advocates await >signals from the Bush administration about how new regulators - particularly >FCC commissioners and the new FBI director - plan to approach government >surveillance issues. The agencies' decisions could affect the depth of the >debates. > >"Congress may be re-engaged," Seiffert said. "It's sort of a wait-and-see >game right now." > >"The FBI's credibility is at an all-time low here," said Barry Steinhardt, >associate director at the American Civil Liberties Union. "Attorney General >[John] Ashcroft in the Senate expressed skepticism about a number of >government surveillance programs." > >An FBI spokesman defended work to date, saying: "There has been significant >progress made with the implementation of CALEA," and citing technical >solutions available for wireline and wireless segments of the telecom >industry. > >Some CALEA experts question some of what the FBI has managed to implement >already, charging that the agency installed sophisticated data collection >systems in communications networks that require expensive equipment to >decipher. > >"It's close to a scandal," said Stewart Baker, an attorney and former >general counsel at the National Security Agency who has been involved with >legal challenges to CALEA. "After industry has spent all of this money, it >turns out it's generating all of this data that has to be translated by >special-purpose machines that have to be bought by local law enforcement. >This may have the effect of pricing wiretaps out of the market for a lot of >smaller jurisdictions." > >Baker also said that while CALEA is supposed to apply only to voice >communications, the FBI has been "pretty aggressive" when it delves into the >packet data realm, "trying to persuade people who build data networks that >sooner or later they will have to provide wiretap capability." > >"A year ago, when times were good, everybody leaned towards the view that it >was better to not pick a fight with the FBI," Baker said. "Now it's less >clear that people have the funds to spend on development or to purchase this >stuff, so there could be a serious conflict over this and there is certainly >a difficult question for people who are building Internet Protocol systems." For archives see: http://www.interesting-people.org/ ------- End of forwarded message ------- -- Perry E. Metzger perry(a)wasabisystems.com -- Quality NetBSD CDs, Support & Service. http://www.wasabisystems.com/ --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to majordomo(a)wasabisystems.com -- ____________________________________________________________________ "...where annual election ends, tyranny begins;" Thomas Jefferson & Samuel Adams The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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Jim Bell update
by Declan McCullagh 18 Jun '01

18 Jun '01

http://www.wired.com/news/politics/0,1283,44567,00.html Jim Bell may have been convicted of intimidating an IRS agent, but the world's most notorious crypto-convict remains undaunted. Bell sent Wired News a copy of his latest legal filings, which include a renewed attempt to fire his court-appointed attorney and a request for an appeal of his conviction to the Supreme Court. Bell is the anarcho-cypherpunk whose political propagandizing and authorship of the "Assassination Politics" essay drew the unwelcome attention of the feds and led to his conviction in April on two of five counts of stalking government agents. He couldn't persuade the Ninth Circuit Court of Appeals to overturn his ruling, so now Bell's taking his fight to the nation's highest court. A legal filing in U.S. District Court and the appeals court that Bell wrote from federal prison says that U.S. District Judge Jack Tanner "was essentially incapable of conducting any sort of complete, proper, 'by the book' hearing, from the looks of things." During the trial, Tanner denied all of Bell's requests for witnesses that Bell said would have illuminated unlawful surveillance on the part of government officials.

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Re: Ex-GOP senator's wife pleads to email attack campaign
by robbin stewart 18 Jun '01

18 Jun '01

Hi Declan. Er, yes, the state probably appears to be claiming that. The statute has a McIntyre-derived exception for people who spend less than $300 and act as lone gunm...pampleteers. This is an intentional misreading of McIntyre as applying only to little old ladies in tennis shoes. Instead, the ohio statute, including the part applying to candidates, was found facially invalid. See Griset, 1999, and/or Stewart v Taylor (http://communities.msn.com/robbinstewart under cases.) Chandler v Georgia established that candidates for public office don't waive the rights they have as citizens, to be free from warrantless piss-testing (in that case) or from being threatened with jail for using a hotmail account (in this one.) Unfortunately, in McIntyre the court used the term "narrowly tailored", so election authorities, acting in bad faith, have been inserting exceptions (the little old lady exception, the skywriting exception, the vote for smith exception, etc.) and then claiming their version is more narrowly tailored, and thus distinguishable. This becomes an annual event, so my job becomes sissiph....becomes frustrating. On the one hand, I have full employment for life, on the other the conspiracy to benevolently censor online election speech is able to continue its progrom even while losing most of the cases. I have found very little in the way of support from the online community as to using these election cases for establishing a general principle that online speech is protected by state and federal free speech clauses. Instead, most of the case law on our side has come from the ACLU's "indecency" cases. I've been banging my head against a wall on this theme for about three years now, but I'm reaching a point where I'll need some kind of institutional support or will have to go back to having a day job and just do this as a hobby. My bottleneck is that I don't know how to line up cocounsel in the 30-some states that need to be sued over this. Cordially, robbin >From: Declan McCullagh <declan(a)well.com> >Interesting. BTW the state appears to be claiming that they took care of >the _McIntyre_ problems by rewriting the statute post-decision to only >apply to pseudonymous/anonymous messages written by someone affiliated with >a campaign. > >So in other words, you could write stuff under a nym, but someone on the >campaign staff could not. > >(Note I'm not saying this makes the statute constitutional, but that it's >not as broad as it could be.) >-Declan >At 05:15 PM 6/18/01 +0000, robbin stewart wrote: >>Matt, Declan, thanks for bringing this to my attention. >>It's worse than it looks at first. The prosecutor isn't claiming the >>content of the message was untrue, but that using a "katie" psuedonym was >>the falsity making the messages criminal. (snip) _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com

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Re: Ex-GOP senator's wife pleads to email attack campaign
by robbin stewart 18 Jun '01

18 Jun '01

Matt, Declan, thanks for bringing this to my attention. It's worse than it looks at first. The prosecutor isn't claiming the content of the message was untrue, but that using a "katie" psuedonym was the falsity making the messages criminal. I don't keep up on minnesota politics too well. Was the fall election close, and did the publicity around the case have much impact? It's fairly unusual for an incumbent senator to lose. I just noticed that this was a -federal- election. Therefor any minnesota statutes on this topic are preempted by the FECA (441a or d or something.) Arguably, what we have here is a case where the balance of the US Senate was shifted because of an illegal conspiracy to violate the civil rights of the (future) wife of a senator, by charging her under a statute which is unconstitutional as applied to her, as well as probably unconstitutional per se, under the minnesota constitution and McIntyre. [There would also be a malicious prosecution issue.] I detect the presence of my old nemisis J Bradley King, currently the director of the Minn. election division. I will try to contact Samuelson, the ACLU guy mentioned in the article, before assuming the articles cited got all the facts right. As Matt mentioned, I have a small practice based in Indiana which monitors and litigates about anonymous election speech on the net. I would be eager to follow up on this case. My bottleneck is that I don't have cocounsel for states other than Indiana - I welcome solutions to this problem. More info at http://communities.msn.com/robbinstewart >From: Declan McCullagh <declan(a)well.com> >To: Matthew Gaylor <freematt(a)coil.com> In-Reply-To>Matt: That's a good point, and I should have highlighted it in my article. > >No, she's not alleged to have said anything that was untrue. If she did, >Ciersi could have sued for libel rather than relying on the state to >prosecute. > >-Declan > >At 01:11 PM 6/15/01 -0400, Matthew Gaylor wrote: >>Declan McCullagh <declan(a)well.com> wrote: >>> * Gunhus is accused of using a Hotmail account (Katie Stevens -- >>> kylomb(a)hotmail.com) to send the disparaging email messages, which >>> talked about how Ciresi had represented corporate polluters and >>> anti-union companies. >> >>Is what she wrote being alleged to be untrue? From my perspective >>disparaging politicians is like shooting fish in a barrel. Usually all >>that is needed is to truthfully compare their campaign speeches to their >>actual voting or other practices. >> >>At 9:48 PM -0400 6/14/01, Declan McCullagh wrote: >>> * And what about the legal risk to free speech? The Minnesota Civil >>> Liberties Union reasonably argues that a criminal law that bans >>> sending pseudonymous messages is unconstitutional. A Supreme Court >>> decision, McIntyre v. Ohio Elections Commission >>> (http://www.epic.org/free_speech/mcintyre.html) says that a >>> prohibition on the distribution of anonymous campaign literature >>> violates the First Amendment. The state law seems to be ecumenical in >>> its application: A Republican has used it to attack the Sierra Club >>> (http://www.fcregister.com/ziegler11_6_00.htm) >> >> >>I'm being represented by attorney Robbin Stewart (Brother of Cypherpunk >>Bill Stewart) in an anonymous speech case as we speak. Robin has had >>several victories in Indianapolis for anon political speech. His first >>victory was inspired from Freematt's Alerts, Robbin had read some >>commentary from my list on McIntyre v. Ohio Elections Commission that >>prompted him to challenge a city ordinance that ordered him to remove a >>campaign sign from his residence (The sign didn't have who paid or wrote >>it written on it.) The ordinance was overturned in the Indiana Supreme >>Court. >> >>Regards, Matt- >>Matthew Gaylor, (614) 313-5722 ICQ: 106212065 Archived at >>http://groups.yahoo.com/group/fa/ >>******************************************************************* _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com

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Thought-A-Day
by Fountain Of Joy 18 Jun '01

18 Jun '01

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NYTimes.com Looks at the AIDS Pandemic
by NYTimes.com 18 Jun '01

18 Jun '01

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Breaking News - UICO
by UNICO 18 Jun '01

18 Jun '01

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Tuscany, Italy - La Dolce Vita in Toscana
by vacation＠vacationtuscany.com 18 Jun '01

18 Jun '01

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Philips, Let´s make things better
by info＠giganetstore.com 18 Jun '01

18 Jun '01

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