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[dave@farber.net: [IP] Court Hears Internet Anonymity Case]
by Eugen Leitl 03 Nov '05

03 Nov '05

----- Forwarded message from David Farber <dave(a)farber.net> -----

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Court Hears Internet Anonymity Case
by Major Variola (ret) 02 Nov '05

02 Nov '05

Court Hears Internet Anonymity Case Nov 02 3:19 PM US/Eastern Email this story By ALEX DOMINGUEZ Associated Press Writer ANNAPOLIS, Md. The publisher of a financial newsletter told Maryland's second highest court Wednesday that he should not be forced to disclose his subscriber list and other information sought by an Arizona company seeking those it says made defamatory online comments. The publisher, Timothy M. Mulligan, told the judges "almost everything we publish could potentially be subpoenaed," putting him in the position of constantly appearing for depositions if his request to quash a subpoena by the Arizona drug company, Matrixx Initiatives, is denied. The judges, however, appeared to side with Matrixx, repeatedly asking why Mulligan should not appear for the deposition and invoke his right not to reveal his subscribers and sources under Maryland's so-called "Shield Law," which protects the rights of the press. "My sense is it didn't go well," Mulligan said after the hearing. "It's not clear yet, but it will probably be in litigation for years because I have no intention of giving up my sources or subscribers." After the hearing, Matrixx attorney David Tobin said "no one has the right to make defamatory comments. That is not protected speech." Internet postings have become the subject of a number of court battles, especially in cases where they have affected the stock prices of companies. Free speech advocates have also become involved and the issue has even entered the political arena in Maryland. Joseph F. Steffen Jr., a former aide to Republican Gov. Robert L. Ehrlich Jr., resigned last winter after it was revealed that he had posted rumors about Baltimore Mayor Martin O'Malley's personal life on Internet chat sites. O'Malley is seeking the Democratic nomination for governor and would face Ehrlich in the general election if he wins. Tobin told the court it was unclear whether Mulligan could invoke the shield law. "That's the white elephant in the room," the Matrixx attorney told the judges. Mulligan said appearing constantly for depositions could hamper his ability to make a living, especially since his newsletter reports on questionable accounting practices by companies. The judges later asked Tobin how many depositions Mulligan would have to sit through. "Hopefully, one," Tobin responded. In response to the first subpoena by Matrixx, Mulligan two years ago turned over nearly 400 pages of documents, which he said was mainly source material for his report. He has refused to comply with a second subpoena seeking, among other things, his subscriber list and any contacts with an anonymous poster to Internet messages boards known as "TheTruthseeker." However, Montgomery County Circuit Judge Eric M. Johnson denied Mulligan's request to quash the second subpoena and Mulligan appealed to the Court of Special Appeals. Matrixx claims the postings are part of a scheme to drive down the company's stock, benefiting traders who sell short, or borrow shares and repay them at a later time, hopefully when the price has dropped. The company filed a defamation lawsuit in Arizona in 2002, naming two dozen John and Jane Does as defendants. Matrixx has also been battling lawsuits claiming its Zicam Cold Remedy nasal gel causes permanent loss of smell and taste. Mulligan has said he doesn't know the anonymous posters and doesn't think he should answer further questions. He is fighting the subpoena with the help of the American Civil Liberties Union, the Electronic Privacy Information Center, Public Citizen and other advocacy groups Tobin, however, said the issue was merely one of discovery, the legal method of obtaining the facts in a dispute and not a precedent-setting First Amendment case. The company "simply wants to know what Mr. Mulligan might know" about the online postings, Tobin said. http://www.breitbart.com/news/2005/11/02/D8DKHUSG3.html

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[selected.by.rael@rael-science.org: [rael-science] Amnesty International on terror laws: Dangerous. Ill-conceived. An assault on human rights]
by Eugen Leitl 02 Nov '05

02 Nov '05

----- Forwarded message from selected by Rael <selected.by.rael(a)rael-science.org> -----

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[dave@farber.net: [IP] Judge Samuel Alito's police-friendly views of electronic surveillance [priv]]
by Eugen Leitl 02 Nov '05

02 Nov '05

----- Forwarded message from David Farber <dave(a)farber.net> -----

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01 Nov '05

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01 Nov '05

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[kerry@vscape.com: Re: [p2p-hackers] P2P Authentication]
by Eugen Leitl 01 Nov '05

01 Nov '05

----- Forwarded message from Kerry Bonin <kerry(a)vscape.com> -----

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01 Nov '05

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Re: Multiple passports?
by Bill Stewart 01 Nov '05

01 Nov '05

When I saw the title of this thread, I was assuming it would be about getting Mozambique or Sealand or other passports of convenience or coolness-factor like the Old-School Cypherpunks used to do :-) >On 10/30/05, Gregory Hicks <ghicks(a)cadence.com> wrote: > > The only people that I knew that had two passports were those with an > > "Official" (red) passport or a "Diplomatic" (black) passport. If they > > wanted to go play tourist, they had to also have a "tourist" (Blue) > > passport. A few years ago, before heading on an overseas trip, I was unable to locate my current passport. After dealing with a voicemail system adapted from a Kafka novel, and bringing myself, my previous expired passport and other id, a couple official-sized photographs and cash through the secret-handshake elevator into a big waiting room for a long morning, they made me a new passport. (If you need to replace a passport more than a month before your planned travel, you're supposed to use the regular process at the Post Office and maybe pay extra for Express Mail if you're impatient. If you need to replace a passport within 3 days of travel, they've got expedited processes at major passport offices like San Francisco. But if you need to replace your passport two weeks before the trip, there's no way to talk to a human being, just Kafka's voicemailbot, so you have to wait until 3 days before the trip to get an appointment for the emergency expedited process instead of going in when you and they aren't busy :-) They informed me that the lost passport was now invalid and I should turn it in if I find it, because if I were to use it to get back into the country it would be rejected with extreme prejudice, since its number is now on the "lost passports" list. Of course the next day when I was packing, the passport showed up on the closet floor under the suitcase, and unlike the previous passport which I took in to replace when it was about to expire, it doesn't have holes punched in it and Expired stamped on it. For domestic air travel since the recent military coup, I normally bring a passport as ID, since it's a request from the former United States government asking foreign governments like the current TSA White People to let me pass, and I'd rather carry the technically-invalid one with me instead of the valid one just in case I lose it. I think I've also used it to travel from the EU back to the US, but I'd expect that the La Migra thugs will eventually improve their databases, possibly even before my old one expires, especially because Homeland Security wants to RFIDize us. I was considering "losing" my current passport before the RFID things get started, but it doesn't look like there's time, so I've got about 5 years to hope that the Republicans get thrown out on their asses in the next election and the Democrats decide that returning to the Constitution will sell better than continuing the Permanent State of Yellowalertness. Given the previous Clinton Administration's behavior, I don't expect the Hillary Clinton Administration to do any better. >At 09:27 PM 10/29/2005, Jay Goodman Tamboli wrote: >I wasn't able to find a reference to support this on http://state.gov, >but I know it's possible to get two passports if you plan to travel to >both Israel and a country that refuses to admit people with Israeli >stamps in their passports. I don't think the US normally lets you have two passports, or if they do they almost certainly have the same number. But at least during the 1980s, Israel would be happy to give you a separate piece of paper with to carry with your passport that they'd stamp when you entered and left instead of stamping the passport itself. I don't remember if I did that or if I decided not to worry about it because I'd visited the Arab countries before going to Israel and didn't expect to get back any time soon.

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Re: [PracticalSecurity] Anonymity - great technology but hardly used
by cyphrpunk 01 Nov '05

01 Nov '05

> http://www.hbarel.com/Blog/entry0006.html > > I believe that for anonymity and pseudonymity technologies to survive > they have to be applied to applications that require them by design, > rather than to mass-market applications that can also do (cheaper) > without. If anonymity mechanisms are deployed just to fulfill the > wish of particular users then it may fail, because most users don't > have that wish strong enough to pay for fulfilling it. An example for > such an application (that requires anonymity by design) could be > E-Voting, which, unfortunately, suffers from other difficulties. I am > sure there are others, though. The truth is exactly the opposite of what is suggested in this article. The desire for anonymous communication is greater today than ever, but the necessary technology does not exist. For the first time there are tens or hundreds of millions of users who have a strong need and desire for high volume anonymous communications. These are file traders, exchanging images, music, movies, TV shows and other forms of communication. The main threat to this illegal but widely practiced activity is legal action by copyright holders against individual traders. The only effective protection against these threats is the barrier that could be provided by anonymity. An effective, anonymous file sharing network would see rapid adoption and would be the number one driver for widespread use of anonymity. But the technology isn't there. Providing real-time, high-volume, anonymous communications is not possible at the present time. Anyone who has experienced the pitiful performance of a Tor web browsing session will be familiar with the iron self-control and patience necessary to keep from throwing the computer out the window in frustration. Yes, you can share files via Tor, at the expense of reducing transfer rates by multiple orders of magnitude. Not only are there efficiency problems, detailed analysis of the security properties of real time anonymous networks have repeatedly shown that the degree of anonymity possible is very limited against a determined attacker. Careful insertion of packet delays and monitoring of corresponding network reactions allow an attacker to easily trace an encrypted communication through the nodes of the network. Effective real-time anonymity is almost a contradiction in terms. Despite these difficulties, file trading is still the usage area with the greatest potential for widespread adoption of anonymity. File traders are fickle and will gravitate rapidly to a new system if it offers significant benefits. If performance can be improved to at least approximate the transfer rates of non-anonymous networks, while allowing enough security to make the job of the content lawyers harder, that could be enough to give this technology the edge it needs to achieve widespread acceptance. CP

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