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Re: "Structuring" of Communications a Felony?
by jim bell 17 Dec '03

17 Dec '03

At 01:35 PM 12/29/96 -0800, Steve Schear wrote: >>I predict that we will see within two years a law making it illegal to >>"structure communications" with the intent to avoid traceability, >>accountability, etc. >> >>This would be along the lines of the laws making it illegal to "structure" >>financial transactions with the (apparent) intent to avoid or evade certain >>laws about reporting of income, reporting of transactions, etc. >> >>How long before the U.S. Code declares "attempting to obscure or hide the >>origin of a communication" to be a felony? That would rule out orninary >>mail without return adresses, but I think there are ample signs we're >>already moving toward this situation (packages that could be bombs >>putatively require ID, talk of the Postal Service handling the citizen-unit >>authentication/signature system, etc.). >>--Tim May > >Tim, I think that this is highly unlikely. The SC has ruled repeatedly >that anonymous speech is a foundation of American politics (e.g., the >Federalist Papers). >-- Steve When Senator Leahy's first crypto bill was proposed early this year, at first glance it appeared to help our cause. Many people around here at least gave it lukewarm support. However, it contained a section making (quote approximate) "use of encryption to thwart an investigation" a crime. I pointed out, quite loudly, that any encrypting anonymous remailer could be considered practically automatically guilty of this. In fact, the feds could simply start a sham "investigation," perhaps assisted by a phony message sent by a confederate through the remailer, and then declare that their investigation had been "thwarted." Whether such an interpretation would fly was, obviously, a question, but by the time the SC had issued its ruling the remailer's hardware would have been siezed collecting dust in some Fed warehouse for 2-3 years. Jim Bell jimbell(a)pacifier.com

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Re: LAW_dno
by Marshall Clow 17 Dec '03

17 Dec '03

In the 12-29-96. Computerworld: >>>> Karen Epper, an analyst at Forrester Research, Inc. in Cambridge, Mass., said electronic commerce companies should do more legal research than that. "Joe Programmer could create a new currency system," Epper said. "But if it's not supported by regulators, what do you have?" <<<< And there you have it. If it's not regulated by the government, it's no good. P.S This was not an isolated quote, this was the central point of the article. -- Marshall Marshall Clow Aladdin Systems <mailto:mclow@mailhost2.csusm.edu> Warning: Objects in calendar are closer than they appear.

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Hardening lists against spam attacks
by Bill Frantz 17 Dec '03

17 Dec '03

The Christmas attack against this list shows the need to develop lists which are resistant to attacks. If cyberspace is to become the town square of the next century, we need to be able to discourage brown shirts attacks on political gatherings. If lists are to be a major part of the political life of the community, then they must be resistant to attacks from knowledgeable, well financed attackers, not just the shits who were the most recent perps. There are several principles which should be observed: (1) Since attacks are based on sending to the list, receiving the list should remain substantially unchanged. (2) Spam attacks should be throttled at the source, so they do not act as a denial of service attack on the list server. Here is a sketch of a protocol which attempts to achieve these goals: (1) All messages sent to the list must be encrypted with the list's public key. This requirement is primarily to protect the posting token (see below). However, it alone will probably reduce the problem. Certainly it will eliminate the effectiveness of the "subscribe the list to some other list" attacks. (2) In order to post to the list, the poster must have a valid posting token. These tokens are available, in limited number, anonymously. Tokens remain valid unless canceled for abuse. However, if too many posts are received with a given token, TCP performance on sockets using that token may become arbitrarily slow (or the circuit may be dropped). (3) In order to limit the number of posting tokens, the list server will only issue a few per day. The lucky few who get them, everyone who asks under normal circumstances, may be determined by an algorithm designed to limit token collection by future attackers. (This area is where this proposal needs work!) ------------------------------------------------------------------------- Bill Frantz | Client in California, POP3 | Periwinkle -- Consulting (408)356-8506 | in Pittsburgh, Packets in | 16345 Englewood Ave. frantz(a)netcom.com | Pakistan. - me | Los Gatos, CA 95032, USA

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Re: premail.
by ichudov＠algebra.com 17 Dec '03

17 Dec '03

Anonymous wrote: > > A scenario: > > 1) The spooks put a bug (named Eve) on the link between > kiwi.cs.berkeley.edu and the Internet. > > Whenever kiwi.cs.berkeley.edu sents out the pubring.pgp Eve intercepts > it and replaces it with a file of the spooks' choosing. This file will > selectively replace the public pgp keys of some of the remailers (say exon) > in pubring.pgp with keys to which the spooks know the private key. > > 2) A similar bug is put on the link between the exon remailer and the > internet. All email to exon is intercepted, and if found to be encrypted > with the spooks' PGP key, it is decrypted, saved, re-encrypted with exon's > real PGP key and sent on. > > It is only a scenario. I am still using premail to send this. > A good scenario. A truly paranoid premail users should verify who signed the remailer keys. If you trust the signators and they signed the keys, you are "safe". Just do pgp -kvv some(a)remailer.com and see what comes up. Maybe remailer operators should asks someone reputable to sign their remailers' keys so that the users can easily verify the signatures. - Igor.

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Anonymous Post Control
by ph＠netcom.com 17 Dec '03

17 Dec '03

It's hard to filter anonymous posters. I want to see what a few of them have to say so I can't filter on the remailers. If anonymous posters PGP sign their posts, it is still hard to filter using a lame filter software such as that which comes to Eudora. It would be nice if toad.com would verify signatures and insert a header into the messages with the PGP User Id of every poster. Then it would be very easy for many people to filter the messages using widely available off-the-shelf mail software. (I volunteer to adapt majordomo for this task if it seems like a good idea.) Peter Hendrickson ph(a)netcom.com

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Re: what is a law if it cant be enforced?
by Ryan Russell/SYBASE 17 Dec '03

17 Dec '03

As long as it can be selectivley enforced, that's all they need. Ryan ---------- Previous Message ---------- To: cypherpunks cc: From: mrwilhe @ odin.cmp.ilstu.edu @ smtp Date: 12/30/96 07:43:01 PM Subject: what is a law if it cant be enforced? can our gov possibly enforce this crypto law? --esp over the net? I think what happend is the dod released the net (arpanet/Internet) to the people without looking at the implications that could arise. The people now control the net and not the gov--and they don't like it! anyway our government is ruled by the people for the people--so we should not have any kind of special laws--ones that only apply to the net and not the rest of the world, after all we have a thing called free speech! fsh

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Professor Asks for Constitutional Review of New Encryption Regs
by John Gilmore 17 Dec '03

17 Dec '03

[Thanks to all the local c'punks for your support of this court case! If we do end up asking for a temporary restraining order, there'll probably be another hearing soon. I'll give you as much notice as I have. --gnu] PROFESSOR ASKS FOR CONSTITUTIONAL REVIEW OF NEW ENCRYPTION REGS "Shell Game" Attempts to Continue Unconstitutional Rules December 30, 1996 Electronic Frontier Foundation Contacts: Shari Steele, Staff Attorney +1 301 375 8856, ssteele(a)eff.org John Gilmore, Founding Board Member +1 415 221 6524, gnu(a)toad.com Cindy Cohn, McGlashan & Sarrail +1 415 341 2585, cindy(a)mcglashan.com San Francisco - Laywers for Professor Dan Bernstein today asked the Government to delay enforcement of new encryption restrictions until they can be reviewed by a court for Constitutionality. The new regulations contain the same features struck down earlier this month by Judge Marilyn Hall Patel. "The government apparently decided to ignore Judge Patel's findings.", said Cindy Cohn, lead attorney in the case. "Instead of listening to Judge Patel's analysis and attempting to fix the regulations, they simply issued new ones with the same problems. We are giving them a a chance to fix this before we bring the issue up in court." President Clinton ordered on November 15 that the regulations be moved from the State Department to the Commerce Department. Judge Patel's decision of December 6 (released December 16th) struck down the State Department regulations as a "paradigm of standardless discretion" that required Americans to get licenses from the government to publish information and software about encryption. Over Christmas, the Clinton Administration published its new Commerce Department regulations, containing all the same problems, and put them into immediate effect today. The new regulations once again put Professor Bernstein at risk of prosecution for teaching a class on encryption and publishing his class materials on the Internet. His class begins on January 13 at the University of Illinois at Chicago. Professor Bernstein's letter of today proposes that the Government agree to delay enforcement of the new regulations while Judge Patel reviews them for Constitutionality. Failing that, Professor Bernstein will ask the court for a temporary restraining order to block their enforcement. "The government is forcing us to go back to Judge Patel again to have the new regulations declared facially unconstitutional." said Ms. Cohn. "This time we believe that a nationwide injunction against their enforcement is merited." "The new encryption rules are a pointless shell game," said John Gilmore, co-founder of the Electronic Frontier Foundation, which backed the suit. "Industry and Congress had asked that the draconian State Department regulations be eliminated in favor of existing, reasonable, Commerce Department regulations. Judge Patel invalidated the State Department regulations because they were draconian. Rather than address the concerns of either, President Clinton moved the draconian regulations into the Commerce Department -- and made them tougher in the process. It's his political decision whether to ignore and anger industry leaders, but he can't ignore a federal district court judge." Civil libertarians have long argued that encryption should be widely deployed on the Internet and throughout society to protect privacy, prove the authenticity of transactions, and improve computer security. Industry has argued that the restrictions hobble them in building secure products, both for U.S. and worldwide use, risking America's current dominant position in computer and communications technology. Government officials in the FBI and NSA argue that the technology is too dangerous to permit citizens to use it, because it provides privacy to criminals as well as ordinary citizens. Background on the case The plaintiff in the case, Daniel J. Bernstein, Research Assistant Professor at the University of Illinois at Chicago, developed an "encryption algorithm" (a recipe or set of instructions) that he wanted to publish in printed journals as well as on the Internet. Bernstein sued the government, claiming that the government's requirements that he register as an arms dealer and seek government permission before publication was a violation of his First Amendment right of free speech. This was required by the Arms Export Control Act and its implementing regulations, the International Traffic in Arms Regulations. The new regulations have the same effect, using the International Emergency Economic Powers Act, the Export Administration Regulations, and a "state of national emergency" that President Clinton declared in 1994 and has re-declared annually. In the first phase of this litigation, the government argued that since Bernstein's ideas were expressed, in part, in computer language (source code), they were not protected by the First Amendment. On April 15, 1996, Judge Patel rejected that argument and held for the first time that computer source code is protected speech for purposes of the First Amendment. On December 6, Judge Patel ruled that the Arms Export Control Act is a prior restraint on speech, because it requires Bernstein to apply for and obtain from the government a license to publish his ideas. Using the Pentagon Papers case as precedent, she ruled that the government's "interest of national security alone does not justify a prior restraint." Judge Patel also held that the government's required licensing procedure fails to provide adequate procedural safeguards. When the Government acts legally to suppress protected speech, it must reduce the chance of illegal censorship by the bureacrats involved -- in this case, the State Department's Office of Defense Trade Controls (ODTC). Her decision states, "Because the ITAR licensing scheme fails to provide for a time limit on the licensing decision, for prompt judicial review and for a duty on the part of the ODTC to go to court and defend a denial of a license, the ITAR licensing scheme as applied to Category XIII(b) acts as an unconstitutional prior restraint in violation of the First Amendment." She also ruled that the export controls restrict speech based on the content of the speech, not for any other reason. "Category XIII(b) is directed very specifically at applied scientific research and speech on the topic of encryption." The new regulations continue to insist that the Government is regulating the speech because of its function, not its content. The judge also found that the ITAR is vague, because it does not adequately define how information that is available to the public "through fundamental research in science and engineering" is exempt from the export restrictions. "This subsection ... does not give people ... a reasonable opportunity to know what is prohibited." Judge Patel also adopted a narrower definition of the term "defense article" in order to save it from unconstitutional vagueness. ABOUT THE ATTORNEYS Lead counsel on the case is Cindy Cohn of the San Mateo law firm of McGlashan & Sarrail, who is offering her services pro bono. Major additional pro bono legal assistance is being provided by Lee Tien of Berkeley; M. Edward Ross of the San Francisco law firm of Steefel, Levitt & Weiss; James Wheaton and Elizabeth Pritzker of the First Amendment Project in Oakland; and Robert Corn-Revere, Julia Kogan, and Jeremy Miller of the Washington, DC, law firm of Hogan & Hartson. ABOUT THE ELECTRONIC FRONTIER FOUNDATION The Electronic Frontier Foundation (EFF) is a nonprofit civil liberties organization working in the public interest to protect privacy, free expression, and access to online resources and information. EFF is a primary sponsor of the Bernstein case. EFF helped to find Bernstein pro bono counsel, is a member of the Bernstein legal team, and helped collect members of the academic community and computer industry to support this case. Full text of the lawsuit and other paperwork filed in the case is available from EFF's online archives at: http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/ The full text of today's letter from Professor Bernstein to the Government, and proposed stipulation, are at: http://www.eff.org/pub/Privacy/ITAR_export/ Bernstein_case/Legal/961230.letter http://www.eff.org/pub/Privacy/ITAR_export/ Bernstein_case/Legal/961230_proposed.stipulation The new Commerce Department Export Administration Regulations are available at: http://www.eff.org/pub/Privacy/ITAR_export/961230_commerce.regs

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Constitutionality of new regs.
by Bovine Remailer 17 Dec '03

17 Dec '03

One issue which I haven't seen anybody address is the provision to make export licenses easier to obtain for those companies which show a credible business plan that supports GAK. 1) Isn't this showing favouritism in an administrative decision to people who support the government's political agenda. 2) If the export of a certain encryption `item' is inimical to `National Security', isn't the harm to the `National Security' the same regardless of whether the exporter plans to produce GAK products in the future or not? Based on these two points shouldn't this aspect of the regulations considered as being `arbitrary' and hence unconstitutional. A further thought. If you obtain an export license by showing the government a business plan that supports GAK, but then do not follow your business plan, how will the goverment `get' you?

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Shell Game News
by John Young 17 Dec '03

17 Dec '03

Online reports on the new crypto regs. MSNBC features Bernstein's challenge, with multiple sidebars. http://www.msnbc.com/news/49260.asp http://usatoday.com/news/washdc/ncs20.htm (AP brief)

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