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- 130025 discussions
Someone, I forget who, recently had some words about pseudoanonymity
here. I (once) deeply respected this person and hoped he could lead me
from my madness with some reassuring words to comfort my anxieties
about pseudospoofing and other deceptions by cypherpunk leadership --
someone who could indicate to me that there was concern over morality
at the topmost level. I realize now that was a totally hopeless,
impossible, futile expectation. The supposedly credible and reputable
person, in response to my concerns about integrity, only further
perpetuated the ad hominem slurs on my sanity and the attacks on my
efforts at honesty. I have nothing but another few K of obfuscations
and disinformation in favor of the Religion of Pseudospoofing, myself
the Foremost Blasphemous Heretic, burned at the stake for my crimes.
All I can do is attempt to stop the oozing blood and untwist the knife
with some final feeble rasps. I am on my Cypherpunk deathbed, with
tears streaming down my face at having had faith and trust in murderous
betrayors. Upon whose hands is my blood?
> * Electronic media are no different from paper media in making
> it possible to use multiple names. Talk to Mark Twain, Dr.
> Seuss, Alice Cooper, Poor Richard, Paul French, or Franklin W.
> Dixon if you don't believe me. My experience is that references
> among aliases in literary works are seen as `in-jokes', which only
> the truly educated (in that particular realm, like science
> fiction) can notice and chuckle over.
The `entity' asserts that through all my efforts in delineating
deceptive uses of identity, none exist. He equates the manipulation,
propaganda, deception, disinformation, lies, betrayal, treachery, and
brainwashing of tentacles as an `in-joke' that the `truly educated can
notice and chuckle over'. Perhaps the same in-joke that truly
enlightened gang rapists can perpetrate and chuckle over.
> * Your examples imply that some of the people on cypherpunks
> are using pseudonyms to deceive people:
>
> I think that you mistake an honest advocacy of the right to use
> multiple names, for an advocacy of deceit. The main reason to
> use multiple names is so that your "enemies" cannot correlate
> your activities so that they can punish you in one part of your
> life for things they don't like in some other part.
I think we *both* have mistaken an advocacy of deceit for an honest
advocacy of identity, privacy, and anonymity. I think many others are
continuing to be subject to evil depravities unchecked by my wailing
screeches. I think that the topmost leadership in this organization is
not interested in the privacy of honest people, they are interested in
protecting the privacy for criminals, like terrorists, drug dealers,
tax evaders, pedophiles, spies, and traitors. I think they salivate and
have orgasms over the possibility of manipulating honest people with
their reputation embezzments, swindles, doublecrossing, other joyous
crimes for which you are never held accountable. If you are a criminal,
and your `activities' are `correlated' by Police `enemies' with
depravity, God help us all that when the police grab your arm it is not
a writhing severed tentacle, and that you are punished, and if you are
not contrite you are punished without mercy, and that if you commit
crimes like fraud against the trusting, `in one part of your life',
another part of your life called your `freedom' is taken away, as you
ponder your sorry predicament behind cold, unmoving steel bars.
>David Chaum was the first person I noticed advocating the use of a
>different pseudonym for transactions with each different organization.
>(This was automatically done by a smart-card in his design.) Is he
>part of the evil conspiracy too, or does he have a point worth
>hearing?
David Chaum does not advocate pseudoanonymity, and you are nothing but
an evil liar for suggesting that he does. A Chaumian bank *knows* it is
dealing with a pseudonym. It is OBVIOUSLY PSEUDOONYMOUS. Perhaps you
would like to have Anonymous Contracts, so that when you BREAK ONE the
OPPRESSIVE ORWELLIAN BANK, stupidly thinking it could TRACE YOU, is
CHEATED BY A LIAR. Perhaps you WEEP WITH JOY at the thought of HONEST
PEOPLE ENDLESSLY PAYING for the CRIMES OF SOCIAL PARASITES. If Chaum
had any sense of decency he would STAY THE HELL AWAY FROM CYPHERPUNKS.
Do not look for approval of your perverted Pseudospoofing Religion in
your Revered Science Fiction Authors, your Eminent Cryptographic
Researchers, your Pretty Good Privacy Programmer, because they are
RESPECTABLE and LAW ABIDING and they have the sense to stop LIES and
CORRUPTION and CONSPIRACIES.
>How would *you* turn back the trend toward having every bit
>of information about each person accessible to anyone who knows their
>name, date of birth, fingerprint, license number, license plate,
>vehicle ID number, passport number, genotype, bank account number,
>retina print, credit card number, photo, or social security number?
>Or do you think that this is a *good* thing?
*you* wish to turn back the trend of Civilization that has moved toward
accountability and reduced the ease of cheating honest people from
their money. *you* advocate that *no* identification exist whatsoever,
particularly the kind that prevents criminals from being prosecuted for
their crimes. And you think that this is a *good* thing.
>People are under no obligation to tell you whether the name you know
>them by is their only name --
People are under every obligation to tell the truth in a civilized
society. I choose to live in one. You can have your depraved barbarism.
>By assuming
>that "the right way for things to be" is for everyone to have a single
>name, uniformly used, you have found a conspiracy where there was
>simply a difference of opinion.
By assuming that cypherpunk leadership did not necessarily have
integrity, I have found a conspiracy where there is simply a vacuum of morality.
>I think that your artificial distinction between "pseudonyms" and
>"pseudospoofing" is the root of where your thinking took a wrong turn.
I think your lies and self-deception and associations and defenses of
perverts are the root of where *yours* took a wrong turn. I think, to
the contrary, the `wrong turn in thinking' is the `Movement' that
embraces the flag of Freedom of Speech, Privacy for the Masses, and the
Cryptographic Revolution, only to throw it to the ground, trample,
burn, and urinate upon it when no one is looking. The Cypherpunks
succeed at nothing but hypocrisy and depravity. Led by a
conspirational clique of squirmy apologists and slimy moral relativists
mindraping the cybervirgins for vicious sport and the positive peer
approval of fellow psychopaths.
Your hideous criminal clock, your insidious time bomb, is tick-tick-ticking.
Go to hell, Medusa
1
0
Hey, I heard about a new mailing list some people here may be
interested in. Pseudospoofers need not apply. (If you do, fair warning,
you will be hunted down...)
===cut=here===
Postings to everyone on the cypherwonks list go to
cypherwonks(a)Lists.EUnet.fi.
Commands to the MajorDomo mail server go to <Majordomo(a)Lists.EUnet.fi>
in the message body. Basic commands are HELP, INFO, SUBSCRIBE, etc.
* * *
The Cypherwonk Charter, by L. Detweiler, Cypherwonk Janitor
The cypherwonks are a splinter group from the cypherpunks also
interested in promoting and implementing cryptographic technology.
However, we have unique ideas on how to successfully implement these
radical new capabilities to ensure privacy without encouraging criminal
behaviors like forgery and `online predation'. We are also interested
in a far more ambitious goal of `technological progress' that
transcends a mere obsession with privacy and anonymity. The cypherwonks
believe that many aspects of a identification and government are
necessary and crucial for any social stability (particularly related to
judicial and law enforcement systems), and are quite alarmed at talk
about a `cryptoanarchy' resulting from the mere implementation of
software protocols -- although we realize that radical new forms of
government may appear with these new technologies, embodied in one term
`Electronic Democracy'.
We believe that while sometimes the `majority' can become a `tyranny',
in general the idea of voting as a civilized way of resolving proposals
and `one person, one vote' are sacred, and we are interested in
implementing systems that promote interaction and collaboration among
motivated and enthusiastic members, whether within the cypherwonk
organization or within their nations (cypherwonks, of course, try to
think free of local prejudices, and globally).
Cypherwonks understand that *trust* and *honesty* are inherent in all
human endeavors, *particularly* communication. We recognize that people
trust others not to reveal our private email unless given permission,
we trust others not to use information from our mail or about their
identities to adverse aims, we trust that systems delivering mail will
not be corrupted by criminals, or if they get caught there will be
serious consequences, and many other explicit and implicit variations.
We know that there are many ingenious ways of minimizing the amount of
trust required in unknown components such as with the use of
cryptography or pseudonyms, and we seek passionately to invent and use
them, but at the root level, email is an exchange between human beings
who trust each other. Therefore, we hold a sense of ethics and morality
in strong reverence, and even though we're not always precisely sure
what they entail, we know that they exist and we strive for the right
ideal. We abhor the idea that `it's not wrong if you can get away with
it' or other variations of moral relativism. We also subscribe to the
idea that if you breach ethics, you should be prepared to forfeit some
rights, like your `right to privacy'.
Cypherwonks are also extremely interested in promoting and implementing
`digital cash', but believe that while invariably the state's taxes
tend to become burdensome, few civilized, technological societies are
free of them, and certainly we do not advocate tax evasion, `black
marketeering', or any other subversive or illegal activities through
cryptographic techniques, and even beyond this we seek design protocols
that discourage these subversive aims in general, because of their
toxic, fragmentary effect on social unity.
Cypherwonks recognize that our mailing list is extremely critical in
coordinating our movement and our fellow members. It is our central
nervous system. While the list is informal, we demand a professional
atmosphere, and will privately object to people who are publicly rude
or belligerent. But we are also extremely careful about what we say to
each other in private, because people can be extremely influenced by
what they receive in mail. We would be aghast and horrified to find
that somebody viciously criticized someone in private mail based on
public postings, for example. We place high value on being courteous to
each other and minimizing disagreement where possible, forging
consensus, and the art of diplomacy in surmounting political barriers.
We trust each other on the list and in personal email. We wish to have
an open, uplifting, inspiring, honest, representative, polite,
respectful, egalitarian dialogue. We will never use the mailing list
for personal or selfish reasons -- we strive to serve our fellow
cypherwonks through our postings. We are what we claim to be. We abhor
secrecy, `security through obscurity', and conspirational cliques.
Cypherwonks are extremely interested in promoting some forms of
anonymity. However, we do not necessarily believe that others are
required to read anonymous postings. To the contrary, we believe that
the individual should have the tools and freedom to filter his or her
own mail based on real identities. In particular, we condemn the
practice of `pseudospoofing,' the dangerous deception where a person
builds up a pseudonym and misrepresents it as being that of a real
person's identity. We police each other on the list to prevent it, and
require a promise that our members refrain from it. While our trust can
be betrayed, only those that are honest are true cypherwonks, and
anyone who betrays our trust we consider a dishonest hypocrite, or worse,
a traitor.
Cypherwonks are extremely interested in building tangible systems.
Engineers who love to discuss the nitty-gritty details of some scheme
are at home on the cypherwonks list. We like to impress each other with
our knowledge but at the same time state it in relevant and humble
terms. We are not trying to win popularity contests with our postings.
We are trying to accomplish ambitious endeavors. We are especially
ecstatic to make connections with other cypherwonks interested in the
same projects we are, and cooperating to build useful tools. We like to
give status reports of our intermittent real-world meetings and
progress to other cypherwonks. We do this to inspire and encourage
others, not to assuage our egos or flaunt our power. We recognize that
this is the true spirit of the Internet embodies in the volunteerism
that build the impressive RFC and FAQ repositories. In fact, we are
very fond of writing RFCs and FAQs. We keep track of all the things we
have accomplished, and are very proud of this group resume, and delight
in adding new items.
The Cypherwonks are more inclusive than exclusive. We try to
accommodate the interests of others. We consider it a high crime to
`flame newbies'. In fact, we go out of our way to encourage greet new
members with smiles in email. We especially like to have reporters on
the list, and treat them like royalty. But we also make sure that no
one is hogging the spotlight. We try to match up reporters with
different people on the list. Some people are naturally `leaders',
particularly the list moderator J. Helsingius, but in general we don't
lionize or deify anyone. The greatest cypherwonk is always the last
person who posted the most interesting, relevant, and useful article.
While we thrive on the Internet, and greatly admire the system, we also
realize the structure of the Internet is evolving and growing. We tend
to distrust `authorities' regulating the Internet, but at the same time
we recognize that the Internet exists and is popular because of a
strong community feeling with a `netiquette' that places a strong taboo
on things like censorship, cracking, and pseudospoofing and a strong
interest in individual effort and innovation. In short, we are
interested in `civilizing cyberspace' with the powerful new
technological tools like cryptography and digital cash that are
available but unimplemented. We believe that the current Internet is a
bit raw and untamed in places, like a frontier, and just a `glimmer in
the eye' of future cyberspace, and we seek to smooth out the rough
spots, build elaborate and hospitable castles to live in, and invite
all of humanity here to join us for a party.
(In case you are wondering, the word `wonk' is slang for a `meticulous
detail person'.)
* * *
The Cypherwonk Code of Ethics (Including Pseudospoofing and Privacy)
By L. Detweiler, Cypherwonk janitor
Cypherwonks owe no courtesy to someone who forfeits any expectation of
respect from atrocious misbehavior. This is as simple as the maxim,
if you are a criminal you forfeit your `rights' in a civilized society.
If you mailbomb a cypherwonk, you have forfeited your `right to
privacy'.
If you email a cypherwonk's postmaster or colleagues in an attempt to
censor or intimidate a cypherwonk, especially before consulting that
cypherwonk, but not necessarily, you have forfeited your `right to
privacy'.
If you lie to a cypherwonk, you have forfeited your `right to privacy'.
If you fail to adequately respond to personal accusations of impropriety
or criminality, especially meeting them with evasion or stonewalling, you
have forfeited your `right to privacy'.
If you have ever sent a cypherwonk mail under a pseudoanonymous identity,
you have forfeited your `right to privacy' -- under ALL your pseudonyms
and identities.
If you advocate violations of ethical or legal behavior to a cypherwonk,
you forfeit your `right to privacy'.
Cypherwonks, even highly reputable ones, may attempt to shame you into
embarrassment or repentance for violations of ethical behavior by
ridiculing you in front of people who appear to be your friends and
community, if all other measures have failed. In extreme cases, even
this may be ineffective, but if you have no shame, you have no humanity.
* * *
List topics (not exhaustive)
-Projects (secure phones, etc.)
-Cryptographic techniques (RSA etc.)
-Anonymity
-International news events in privacy/anonymity
-Identity issues such as databases and pseudospoofing
-Clipper
-real world meetings (others and our own)
-etc.
Posting guidelines: we wish to minimize the number of postings to the
list so as to attract the busy, influential people that get things done. Please
refine your postings highly. We especially appreciate the consolodation
of topics with summaries, `tables of contents', headings, etc. where
appropriate. At all times, we seek to build consensus and look down on
grouchy postings that do nothing but criticize. The list should be
regarded as a stepping stone to `getting things done' or `resolving
conflicts' in email.
* * *
The Cypherwonk Resume
J. Helsingius has built the most popular and global anonymity server on
the Internet, with thousands of active users daily.
L. Detweiler has compiled a wide variety of FAQs on Internet subjects.
(updates to ld231782(a)longs.lance.colostate.edu)
* * *
Most Wanted List
- key servers that are dedicated only to `true identities'. People who
submit their keys promise the keys are that of their real identities and
that no one else will ever post under their identities. Penalty is
public exposure and stigma if caught. The protocols might also include
mechanisms for `challenges' and `resolutions'.
- reputation based mailing list software. One idea: people rate each other's
postings in different categories. Server tracks everyone's ratings. People
can screen mail based on accrued credit.
- electronic democracy software (especially tied to reputations).
protocols for propositions, resolutions, voting, etc.
- other identity servers to prevent pseudospoofing. possibly hooking up
with existing government databases.
- pseudonymity servers like anon.penet.fi with public key encryption.
- support of the Bunyip project for automated Internet resource
tracking, including mailing lists.
- support for distributed hypertext systems and protocols like XMosaic.
- resume & reputation servers. a very premature idea, but these would
help track people's accomplishments and reputations in different forums,
perhaps even by cross indexing their postings.
(additions to ld231782(a)longs.lance.colostate.edu)
* * *
Cypherwonks of Note (Reporters, take note!)
(apply to ld231782(a)longs.lance.colostate.edu)
J. Helsingius
Operator, anon.penet.fi, first widespread reliable anonymous remailer
in popular use on the Internet
L. Detweiler
Privacy & Anonymity FAQ, Anonymity FAQ, Whistleblowing FAQ
1
0
> Ah you are still around! Postings from you have been so scarce in
> recent days that I thought you might have left for the holidays.
Nope, I'm still here!
> Is it possible that you missed my reply to you last week, repeated
> below
Yep, I missed it. I read so much mail/news, some times I scan too quickly.
> In-Reply-To: Stanton McCandlish's message of Tue, 16 Nov 1993 18:23:59 -0500 (EST) <199311162324.AA29258(a)eff.org>
> Subject: Should we oppose the Data Superhighway/NII?
>
> > Part of the effort that must be made is to knock some sense into the
> > rapidly merging entertainment/information/telecom conglomerates, and try
> > to at very least keep a large section of the "data highway" (or whatever
> > one chooses to call it) an Internet-like many-to-many communications
> > medium, if not fused with Internet itself. Convincing the govt. of this
> > is will also take some doing. One certainly can't IGNORE the govt. No
> > matter how much we may wish it'd just go away, it won't, and has to be
> > dealt with.
>
> The beauty of cypherpunk technology is that it provides means to _avoid_
> the tyranny of government, rather than trying to redirect that tyranny
> on behalf of one's own ends.
This is a commendable goal, but one can't rely on a trickle to do the job
of a river. I'm all for cp tech, and I'm all for reducing the power of
the govt. as much as possible and as soon as possible. I'm _not_ all for
expecting to accomplish this immediately.
> Government gets its power from its hundred million clients.
Hmm I tend to think govt. gets its power from the adequately backed-up
threat that it can rob (fine), enslave (imprison) or kill (execute or
shoot while resisting arrest) you if you don't do what it says. If someone
holds me hostage, I tend to think of them as a coercive kidnapper, not a
business that I am patronizing. This is not to say that everything the
govt does is nefarious. Most of what it does is inefficient handwaving
and ignorant blundering. In these cases, I see it as a something akin to
a large automobile with an incompetent driver behind the wheel. I might
criticize, even yell and fly them the bird, but I'll get the hell out of the
way.
> To join
> that clientele is not consistent with wanting government power to
> whither away.
Recognizing that in the very rapidly unfolding "data highway" plan (if
anything this chaotic and free-for-all can be called a "plan"), the
govt WILL play one role or another, like it or not, is not joining the
govt's clientele. Much as I'd like to see no govt. involvement, it is
inevitable in the current socio-political climate. 5 EFFs could pop up,
with twice our funding each, and all scream bloody murder about govt
involvement in the "national information infrastructure", and all 5 of
them would be utterly ignored. Working more carefully, rather that
pursuing an all out barrage, can be more effective in some cases, and we
think this to be one of them.
I think it's wise to look at the realities of the situation, whatever
one's outlook whether libertarian or otherwise, and recognize that
sometimes unpleasant things like an unwieldy state simply have to be dealt
with. Whether govt involvement is wrong or not is really irrelevant,
until cp tech, and cp/libertarian attitudes are in a position to DO
something about it. It's like being confronted by a mugger: you can point
out that they have no right to rob you and are using coercive force to
violate your civil liberties, but it's not going to make them go away if
you don't have the physical power to defend yourself.
The time's just not right for a cypherpunk "War on Govt". Cypherpunks will
lose. As the NII is coming on fast, the govt has to be dealt with NOW, to
reduce their impact and involvement, rather than hope that, w/o DigiCash,
w/o a large base of support in the culture at large, w/o our own
infrastructure, CPs will convince the govt to just give up and go away.
They'll trample that idea into the dirt, because they have the money and
power to do so, right or wrong, and you'd end up with a net.fcc and 5000
channels of crud, metered out byte by byte, requirements for a net.license
to be a provider rather than consumer, and taxed into oblivion. I'd like
to point out also that it's much easier to prevent large scale govt
involvement and reduce small scale involvement later, that fight against
ANY govt involvement, lose, and a be faced with trying to get rid of it
later after it's become law and granted the govt all sorts of powers. Try
to eliminate the FCC. Good luck! This stance does of course presume
vigilance to prevent the govt from expanding their small base of power
into a bigger one.
I look forward to seeing the power of the govt wane in coming years, and I
am certain that it will happen, but I don't think it's going to happen
this month, or next year. When we've got a DigiCash-based banking system,
when the majority of the population are computer-literate, when
cryptography is fully legal and unstigmatized, when CP tech is easy to use
for the non-techie and built in to applications and hardware, when
anti-authoritarianism returns as the focus of the country's political
thought, and when the govt begins to collapse under the weight of it's own
failures, then we'll see the changes come. But, I tend to expect that
things will get worse before they get better, in the big picture. People
aren't mad enough yet to get up off their commercial-brainwashed,
apathetic couch potato butts and DO much of anything yet, but would rather
go to the mall or play with their Game Boys. "Give Me Convenience or Give
Me Death" as Jello Biafra mocked.
Have a look at the stuff EFF's doing - to reduce/eliminate ITAR restrictions,
to combat unjust laws, to defend people who's civil liberties have been
violated by "law enforcement" that doesn't even seem to know what the law
is, to educate about privacy and encryption, to make using the internet
easy for "Big Dummies", to encourage grassroots real-world networking on
the local level, and to ensure that whatever the "superhighway" will be,
it provides for full-bandwidth, open platform, and openly accessible
many-to-many participation - before tossing us on the garbage heap as govt
lubbers. :) I don't think anyone here LIKES the idea that we have to
haggle and play the game w/the govt, but that's just the way it stands,
and any step that reduces govt interference in any way even if it doesn't
bring on the glorious anarcho-capitalist revolution, is still a step in
the right direction.
--
Stanton McCandlish mech(a)eff.org 1:109/1103 EFF Online Activist & SysOp
O P E N P L A T F O R M C R Y P T O P O L I C Y O N L I N E R I G H T S
N E T W O R K I N G V I R T U A L C U L T U R E
I N F O : M E M B E R S H I P @ E F F . O R G
2
1
The opinions expressed are my own and do not represent the views of
Ameritech or any of its alliance partners.
So, Markey proposes a bill that would "allow" the RBOC's to do
video.....
Markey likes it....
The EFF likes it......
I wouldn't invest a dime in a proposal that stupid.....
not interested..........
Brian Williams
1
0
> From: "Philippe Nave" <pdn(a)dwroll.dw.att.com>
> Jim Miller writes :
> >
> > Assume you use strong crypto to protect your secrets.
> > Assume a lot of people start using crypto to protect their secrets.
> > Assume there are people who want to discover these secrets.
> > Might we some day see an increase in the number physical attacks as bad guys
> > resort to rubber-hose methods to get at the keys that protect the secrets?
> I think this phenomenon is more or less inevitable, unless serious thought
> is given to a way to prevent it. Let's take a simple example and progress
> to a more complex scenario:
(Interesting examples deleted)
One can think up all sorts of hypothetical scenes.
Underneath it all however, I believe is a simple axiom.
When prevention methods thwart a criminals intent, they find new methods.
Car alarms and security systems didn't convince the criminals who make their
living ripping off cars that the *Good ole days were over* and it was time
to get a job at Burger Sri, it spurred them to find new methods to ply
their trade.
Beyond that it didn't bother them to up the ante regarding the level of
violence they would utilise.
Now extrapolate that into the concept of industrial espionage,
white collar crime, and
put everyone on the same wire.
!!!!!
LUX ./. owen
2
1
> Here is the secret to understanding everything. It also contains the
>TRUE identity of Dark Unicorn, S.Boxx, and in fact everyone on the list.
>Unfortunately, it is encrypted in an unbelievably complex algorithm based
>on the factoring of infinity. Well, here it is. Crack it if you can!
Since infinity is the product of all numbers, it was fairly easy
to factor. Decrypted text appended.
---
Jef
o&#&o. ____ ___o\_
d| "9, ?H##""'`"'""'`""`"&o.
,M |b__o=q\ .d*" ___. ,==\\`Ho.
H| `"" J* .,MT ,H$odH? dH#DqHD `&?.
M| ,&' .dM*' +R96]#P `HMbHP `9b.
Mi .HP .#HP' `""""' `9#.
M| |H' HH `H,
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M. M M| ""HM. ,. .&"#HH MM
H' T.HH `Mb &#?| `\.JM M#
H| |b|M `Hb.^d| .,d#' ,H
T| 9L*b. `M##o______oood#&9H" dH'
|M `HL`H?. `H/H&$$??????o/?&' dM*
|M. `Hb ?M#b_ `*&$P#MMMM#*$/*' ,H#'
Mb HHH? `*Mb. `"#H###d*'' ,MP'
MM. ?H' "HHb\ .##"
TMb .dP' `"#MHbooooooooodHHM
*M| ,#H' ""TM"'""""' *M|
MH,.oH' .d| .M|
|MMH' .H* HP
TH, ,H' .dP'
1
0
17 Dec '03
-----BEGIN PGP SIGNED MESSAGE-----
Cypherpunks,
I thought that the infamous L. Detweiler had stopped his posting, but it
appears that he is back, and more neurotic than ever. I thought that
it was the time for me to make another post relating to him, the list
in general, and LD's obsession with pseudospoofing.
OK, first, LD is pissing me off, as, I am sure, he is doing to many others
out there in net.land. His raves are nothing if not persistant and ever
increasingly long. I, being the founding member of the Colorado Cypherpunks,
am not particularly prowd of him being affiliated with the group. I don't
hate him, as some of teh others on this list apparently do, I just think he
is a very persistant pest, a fly in the ointment. I think it is important
to remember that in every movement there are fanatics, and in the best of
intentions are those who would do harm while trying to crusade the good.
I believe that Detweiler is one such person.
He is experiencing some very serious problems with what he believes to be
a concerted effort by some devilish cabal to warp and mung his brain
through the rampant use of pseudospoofing. OK, fine if he believes that,
I cannot keep him from thinking that some of us are emmisaries of Satan.
I can, however, wish that he would leave me the hell alone and stop posting
these long, drawn-out core dumps of his mangled psyche. I can ask him to
stop his madness, though I know that it will only get me on his bad side,
and possibly put me in physical danger (since I live in his vicinity, lucky
me). I think that's enough on Detweiler himself, and I hope I don't have to
talk about him anymore.
On to pseudospoofing. I think that it exists, and that it's denial is
just plain naive. The world is a non-friendly place, and there are
dangers out there, and people who will exploit every aspect of the system
to trick, decieve, and mangle others. This should not come as a shock to
anyone on the list, since we are generally on (or close to) the cutting
edge of new technologies and methods to use those technologies. I,
myself have never participated in any kind of conspiracy with intent
to confuse, nor have i ever posted under a name other than my own,
and my anon.penet.fi identity. I have not posted as anyone that I am not,
and have no intention to do so. I do not, however, object to the use of
these technologies, or to the act of pseudospoofing. It cannot hope to
be prevented, since there are always people out there who will figure out
how to exploit the system to do their bidding.
Yes, it's true, I am coming out in favor of pseudospoofing. I do not object to
it's use, on the premise that it cannot be stopped, and it rarely does hard,
aside from those (LD) whose minds are bent by the mere thought that it is
happening.
Enough of that. Now onto the list. I put some serious thought into
dropping from the list for the past week or so, and I have decided _not_
to leave bacause sometime there are bits of information that I get
from the list that are simply not available anywhere else. Some of the
members of the list are, however, pissing me off. The list has degraded
from a band of freedom fighters with things they cared about in jeopardy
to a bunch of fucking children bickering over the most pathetic of things.
I hope that the recent barrage of postings is not indicative of what is
to come. If it is, then I may just reconsider and leave.
I think that's all I have to say for now... I just wanted to let people
know what I was thinking, and set the record straight if there are
any members who think I am still on LD's side (which I was for quite
some time).
Thanks,
- -nate
+-----------------------------------------------------------------------+
| Nate Sammons nate(a)VIS.ColoState.Edu (303) 491-1578 |
| Colorado State University -- Computer Visualization Laboratory |
+-----------------------------------------------------------------------+
1
0
> > From: karn(a)qualcomm.com (Phil Karn)
> >Car alarms and security systems didn't convince the criminals who make their
> >living ripping off cars that the *Good ole days were over* and it was time
> >to get a job at Burger Sri, it spurred them to find new methods to ply
> >their trade.
> How do you know this? Clearly some crooks may have just moved to more
> violent methods, but it's quite probable that others moved off to
> other fields where it's easier to make a buck, either legal or
> illegal.
Watch the nightly news or if you want to be really anal about it look up
statistics about the increase in violent carjacking.
Walk down the street in any San Francisco neighborhood, and count the piles
of tempered glass that used to be car windows.
So OK, you don't have a criminal mind, and it makes sense to you
that it might be a good time to go legit, but let me offer you my
sincere advice not to move into a bad neighborhood, you are at a natural
disadvantage.
> Although widely deployed strong cryptography may well cause an
> increase in violent, rubber-hose cryptanalysis, this technique is
> likely to be useful only for stored encrypted records and for
> encrypted communications whose protocols are not secure against this
> type of attack, e.g., PGP encrypted email.
tightly focused linear thinkers are perfect targets for criminally minded
predators, they are assured that you will leave them a wide arena from
which to operate undetected.
>
> But much better protocols exist where online two-way communication is
> possible, e.g., signed Diffie-Hellman key exchange, with periodic
> automatic rekeying. Once you rekey in such a system, no amount of
> rubber hosing will obtain prior session keys; they're gone even to the
> participants.
Recently a Cash machine was installed in a building which I frequent.
It was placed 10 feet inside a plate glass window, and has easy access
for a small truck to drive up and haul it away. It even has wheels.
I noted that this presented a danger to those of us who were in the building
late at night, since it was apparently so vulnerable.
I was concerned that the unarmed security guard was a sitting duck,
and perhaps target practice, for theives intent on driving through the window
and quickly hauling the whole shebang away.
The cash machine installer informed me that the unit had a cel phone and GPS
that would call and give its location if tampered with, but he didn't have
an answer when I remarked that this would be littel comfort to anyone
shot or injured by thieves unaware of this factor.
and please don't tell me that posting signs telling would-be criminals
about these security precautions will do any good.
They won't.
> And even if you rubber-hose one of the participants into revealing the
> RSA key he uses to sign his DH exchanges, this will only let you
> masquerade as him in future conversations. In order to tap his future
> conversations surreptitiously, you'd have to rubberhose him without
> his knowledge, or hypnotize him into forgetting the incident. I'd say
> this is difficult. More so than secretly hacking the machine he uses
> to capture his secrets. Once again, it comes down to some level of
> physical security, at least while the machine is in actual use.
You are making an error if you think that any locks keep out anything
but honest people.
Necesity is the mother of invention.
The point is that these issues are not linear, when implemented in real
world situations you must consider the real world implications and
provide real world solutions.
LUX ./. owen
1
0
---------------------
Tax Havens on the Net
---------------------
compiled by James R. Hart
sources:
Internet Connectivity List -- Larry Landweber, U.Wisc.
ftp.cs.wisc.edu ../connectivity_table Version 9,
August 1993
Hoyt L. Barber, _Tax Havens_, McGraw-Hill 1993
Codes used to indicate sites in each country with access to
the Global Multiprotocol Open Internet:
BITNET
b: minimal, one to five domestic BITNET sites
B: widespread, more than five domestic BITNET sites
IP INTERNET
I: = operational, accesible from entire IP Internet
i: = operational, not accesible via the NSFNET backbone
UUCP
u: minimal, one to five domestic UUCP sites
U: widespread, more than five domestic UUCP sites
FIDONET
f: minimal, one to five domestic FIDONET sites
F: widespread, more than five domestic FIDONET sites
OSI
o: minimal, one to five domestic X.400 sites
O: widespread, more than five domestic X.400 sites
------------------------
and without further ado:
------------------------
Aruba
net access: ---f-
languages: Papiamento, English, Dutch, Spanish
currency controls: none?
bank secrecy: moderate (numbered accounts not
permitted)
preferred legal entities: Aruba Exempt Company,
NV (Dutch legal tradition, bearer shares allowed)
taxes: no income tax on AEC or shareholders, no
witholding of any kind
tax treaties: none?
Austria
net access: BIOUFO
language: German
currency controls: ??
bank secrecy: good; numbered accounts available
preferred legal entities: limited liability company, stock
orporation
taxes: corporate tax. no bank interest tax. 20% divident
ax.
tax treaties: many, OECD model, primarily personal and
orporate income
contact: Price Waterhouse, Austria
Barbados
net access: --u--
language: English
currency controls: some (none for offshore banks &
nsurance)
preferred legal entities: company, public company,
offshore bank, exempt insurance
company, foreign sales corporation ,
international business company
taxes: income tax offshore banks and international
business companies 2.5%, exempt insurance
companies and foreign sales corporations none
tax treaties: double-tax treaties with 5 major countries (incl.
U.K. & U.S.)
Bermuda
net access: --uf--
language: English
currency controls: none for nonresidents
bank secrecy: moderate
preferred legal entities:
local (conduct business in Bermuda, must be 60%
Bermuda owned),
exempt (only conducts business outside
Bermuda)
-- min. capitalization US$12,000
-- extensive background check on the
principles
taxes: no income, profit, sales, value added, witholding, or
capital gains taxes
tax treaties: no double-tax treaties. U.S. can be provided
with tax information concerning civil & criminal
tax cases
Costa Rica
net access: bIuf-
language: Spanish
currency controls: only on local currency, applies only to
citizens or legal entities
bank secrecy: good
legal entities:
individual enterprise/limited liability
collective company
limited partnership
limited-liability company
stock corporation (aka chartered company): most
common
taxes: 15% on dividents for some nonresident
shareholders, moderate corporate
income, payroll, imort, real estate taxes.
Exporters exempt from most
taxes.
tax treaties: no double-tax treaties. Caribbean Basin
Initiative exchange-of-information
agreeement signed but not yet ratified (as of 1/93).
Hong Kong
net access: BI-F-
languages: Cantonese, English
currency controls: none
bank secrecy: moderate?
preferred legal entity: limited-liability corporation
(English common law Companies Ordinance)
taxes: 16.5% domestic source corporate income, 15%
domestic employment wages, 15% on domestic
property rental income
tax treaties: no double-tax agreements
n.b.: treaty to return Hong Kong to Communist China in
1997
Ireland
net access: BIUFO
language: English
currency controls: none?
bank secrecy: moderate?
preferred legal entity: noresident company (private
corporation w/limited liability,
must conduct operations outside Ireland)
taxes: only on Irish operations
tax treaties: many double-tax treaties
n.b.: those with Irish grandparents can obtain second
citizenship
Leichtenstein
net access: ---f-
languages: German, Alemanni
currency controls: none
bank secrecy: excellent
preferred legal entities: allows any type found anywhere
in the world (!)
establishment (limited liability, unlimited duration)
company limited by shares
foundations and trusts
taxes: none for income outside Leichtenstein. Net worth
tax of 0.01% on capital and reserves (min. 1,000
Swiss francs), local resident taxes
tax treaties: not party directly or indirectly to any
exchange-of-information agreements
double-tax treaty exists only with Austria
n.b.: bankers won't assist law enforcement officials with
drug, fraud, theft, or tax investigations. They
might assist in money laundering and insider
trading investigations, informing the customer
first.
Luxembourg
net access: bIUFO
languages: Letzeburgesh, French, German, English
bank secrecy: moderate
preferred legal entity: holding company
taxes: holding companies pays only 10% registration fee
on issued shares and
0.20% annual capital tax on issued capital bonds.
tax treaties: many double-tax treaties
n.b.: EC member
Malta
net access: --u--
languages: Maltese, English
currency controls: none
bank secrecy: good
preferred legal entities: offshore notrading, trading,
banking (overseas, subsidiary, local), insurance, trusts
taxes: nontrading exempt, trading very low
tax treties: many double-tax treaties
n.b.: EC member
Netherlands
net access: BIUFO
language: Dutch
currency controls: ??
bank secrecy: poor
preferred legal entities: private or public NV (can have
bearer shares)
taxes: complex, high (many loopholes for large offshore
companies)
tax treaties: many
Panama
net access: b-uFO
languages: Spanish, English
curency controls: none
bank secrecy: good; numbered accounts permissable
preferred legal entity: corporation
taxes: none on income generated outside Panama
tax treaties: only on shipping income
Singapore
net access: bIuF-
languages: Malay, Mandarin, Tamil, English
currency controls: none
bank secrecy: moderate; numbered accounts available
preferred legal entities: private limited company
taxes: none on dividends, foreign deposit interest, or
income derived from
outside Singapore.
tax treaties: many
Switzerland
net access: BIUFO
languages: French, German, Italian, Romansch
currency controls: none
bank secrecy: moderate to good; numbered accounts
available
preferred legal entity: AG (stock company under Laws of
Obligation)
taxes: 3.6-9.8% worldwide income tax for operating
companies, 35%
witholding tax on interest and dividends
tax treaties: many double-tax treaties
Vanuata
net access: --u--
languages: Melanesian, French, English
currency controls: none
bank secrecy: moderate?
preferred legal entities: holding, trading, agency, mgmt.
service, contracting
taxes: no income or capital gains taxes
tax treaties: none
Western Samoa
net access: --u--
languages: Samoan, English
currency controls: none
bank secrecy: good
preferred legal entities: international company, offshore
bank, insurance company
taxes: none for companies under offshore acts
tax treaties: none
If you like having this information, let me know. Also let
me know what other kinds of information you need on tax
havens and net access; I'd love to be of service. If you
have corrections to or additional information for the Tax
Havens on the Net list, I'd be happy to add it with full
attribution (or full privacy, as you prefer). To preserve
your privacy, feel free to use anonymous remailers and
encryption. My PGP key enclosed below.
James R. Hart hart(a)chaos.bsu.edu
-----BEGIN PGP PUBLIC KEY BLOCK-----
Version: 2.2
mQCNAiz0Br4AAAEEAJohFjXdkx6i2Mq6nJXdJN+VGupeKwuu1SAiRvsBK7TQ1ajY
d3wEFohbwaHGn3iq7A1//koipvzE5S/C6pPxIAHFeoYOUzeI/cWmh6vsuaF3/lVm
K9lx/L7PyaF8rvd4FOmLqkvs1xk/24S9ZQaBb3cjhLV571NaiPCIc3SPJUKXAAUT
tCJKYW1lcyBSLiBIYXJ0IDxoYXJ0QGNoYW9zLmJzdS5lZHU+
=z2UE
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1
0
WORLDWIDE ELECTRONIC COMMERCE:
Law, Policy and Controls Conference
****************Program Details****************
Dear Colleague:
Our world is getting smaller. Electronic Data
Interchange (EDI), Electronic Mail (E-Mail) and other
computer-based technologies (that collectively support
Electronic Commerce) are drawing individuals and
organizations closer together. However, these exciting
developments also present significant challenges.
Corresponding audit, controls, legal, policy and security
issues pose potentially serious barriers to the rapid
adoption and extensive use of Electronic Commerce.
Worldwide Electronic Commerce will address the
implementation and control issues inherent in applying
Electronic Commerce to today's environment. The
answers provided at this conference will address current
problems as well as provide a foundation for dealing
with these complex issues in the future. We have been
fortunate to have secured an unusually qualified and
internationally recognized faculty to share their
experience, knowledge and theories on the wide range of
issues identified in this brochure. We are equally
pleased to have obtained a distinguished group of
organizations who, in affiliation with this conference,
are lending their considerable support.
Please join us at this unique and ground breaking event
which will be held on January 16-18, 1994 in New York
City at the Waldorf-Astoria Hotel.
Michael S. Baum, Esq., Conference Chair
M. Todd Ostrander, Conference Co-Chair
WORLDWIDE ELECTRONIC COMMERCE
CONFERENCE PUT ON IN AFFILIATION WITH:
--------------------------------------
American Bar Association,
Section of Science & Technology
Centre for Commercial Law Studies,
University of London
Computer Law Association
EDI Association of the United Kingdom
EDP Auditors Association
Harvard Law School
John F. Kennedy School of Government,
Harvard University
National Institute of Standards and Technology
U.S. Council for International Business
Data Interchange Standards Association
Healthcare EDI Corporation
International Union of Latin Notaries
CONFERENCE AT A GLANCE
----------------------
SUNDAY, JANUARY 16TH - Registration 17:00 - 20:00
-------------------------------------------------
PRE-CONFERENCE TUTORIALS: 18:00 - 19:30
* Electronic Trade Overview for Beginners
* Security and Audit Overview
* A General Counsel's Perspective on Electronic Trade
* Electronic Commerce Policy and Regulation 101
MONDAY, JANUARY 17TH - Registration 7:00 - 18:00
------------------------------------------------
OPENING PLENARY: 8:00 - 8:50
SESSION 1: 9:00 - 10:20
* Will Legislation Keep Up with Electronic Trade?
* Anatomy of a Model EDI Audit Program
* Will Privacy Requirements Inhibit Electronic
Commerce?
* Clearing Houses and Electronic Commerce
SESSION 2: 10:30 - 11:50
* U.S. Efforts in Coordinating Electronic Commerce
Standards Policy
* How to Audit a Third Party/Value Added Network
* What is Cost Effective Commercially Reasonable
Security?
* Anticompetitive Restraints on Trade in Electronic
Commerce
LUNCH 12:00 - 13:30
SESSION 3: 13:30 - 14:50
* Trading Partner and Business Agreements in
Electronic Commerce
* Electronic Negotiability - What Scares the EDI Users
Away?
* INFOSEC Standards Coordination and Interworking
* Time/Date Stamping - Options and Constraints
SESSION 4: 15:00 - 16:20
* United Nations Electronic Commerce Initiatives
* Directory control Issues in Electronic Messaging and
EDI
* Comparing Critical Cryptographic Algorithms and
Standards
* Financial Clearing Houses - a Foundation for EDI?
SESSION 5: 16:30 - 17:50
* Model Electronic Payments Agreements
* What to Save, When to Save It, and For How Long
* Do "Smart Cards" Provide an "Ultimate" Control
Solution?
* The "FAST" Initiative - Business Trust in the
Computer Era?
TUESDAY, JANUARY 18TH - Registration 7:00 - 12:00
-------------------------------------------------
SESSION 6: 8:00 - 9:20
* Negotiating Electronic Trade Agreements
* Back-Up, Archival and Contingency Planning Services
* Security Policy in a Global Information Environment
* Electronic Software Distribution (ESD) - a Pandora's
Box?
SESSION 7: 9:30 - 10:50
* Value Added Networks and Interconnect Agreements
* Do Criminal Laws Really Protect Electronic
Commerce?
* Digital and Electronic Signatures and the Law
* Accreditation and Certification - the New Frontier?
SESSION 8: 11:00 - 12:50
* The ICC Electronic Commerce Initiatives
* Admitting, Proving and Enforcing EDI Transactions
* Re-engineering the Tax Filing Process
* EDI Insurance - the Next Control Approach?
LUNCH: 12:00 - 13:30
SESSION 9: 14:00 - 15:20
* Central and Eastern European Electronic Trade
* The Role and Future of Notaries in Computer-Based
Commerce
* Will Healthcare Reform Profoundly Reshape EDI Law,
Policy, and Controls?
* The Uses of Escrow in Electronic Commerce
SESSION 10: 15:30 - 16:50
* Who Owns the Standards, Functionality and Systems?
* Risk Analysis in Electronic Trade
* Judicial EDI
* EDI Translation Software Control and Legal
Considerations
CONFERENCE PROGRAMMING COMMITTEE:
---------------------------------
Robert Barger, Esq., Section of Science and Technology,
American Bar Association
Michael S. Baum, Esq., Independent Monitoring,
Conference Chair
Susan Caldwell, Executive Director, EDP Auditors
Association
Rachel Foerster and Garren Hagemeier, Healthcare
EDI Corporation
Mark L. Gordon, Esq., Computer Law Association
Jerry Mechling, Ph.D. and Tom Fletcher,Ph.D.,
Kennedy School of Government, Harvard University
Mario Miccoli, Natariat, Unione Internazionale Del
Notariato Latino
Professor Charles R. Nesson, Harvard Law School
M. Todd Ostrander, EDI Program Manager,
Egghead Software, Conference Co-Chair
Chris Reed, Esq. and Ian Walden, Ph.D., Centre for
Commercial Law Studies, University of London
Peter Robinson and Bruce Wilson, U.S. Council for
International Business
Roy Saltman, National Institute of Standards and
Technology
In Memory of the Late Professor Donald Trautman,
Harvard Law School
SUNDAY, JANUARY 16TH:
PRE-CONFERENCE TUTORIAL EVENING SESSIONS
----------------------------------------
The following tutorials provide newcomers to electronic
trade with an overview of the concepts, technologies,
and business practices that will make the conference
more meaningful. These pre-conference sessions are
scheduled from 18:00 - 19:30, January 16th, so that they
will not interfere with the regular conference sessions.
ELECTRONIC TRADE OVERVIEW FOR BEGINNERS
An overview of "Electronic Trade" and how it applies to
the business environment of the '90's & the 21st century.
You will learn about the history and state of electronic
commerce, including EDI, E-Mail, and other enabling
computer-based trade technologies and the components
necessary to implement these technologies successfully
in your industry. Additionally, this session will provide
an overview of electronic commerce-relevant aspects of
the American National Standards Institute (ANSI),
United Nations/EDI for Administration, Commerce and
Trade (UN/EDIFACT) and International Standards
Organization (ISO) standards development processes,
how they affect you, and important differences that
multi-national companies will likely encounter while
implementing them.
SECURITY AND AUDIT OVERVIEW
The basic control structures and security guidelines for
an electronic trade program including cryptographic and
non-cryptographic controls will be discussed in this
tutorial session. This session also provides the 'non-
auditor' with a description of the unique characteristics
of auditing in an electronic trade environment and an
understanding of how auditors must contribute to the
electronic commerce environment.
A GENERAL COUNSEL'S PERSPECTIVE ON ELECTRONIC TRADE
Corporate counsel are increasingly called upon to
respond quickly and effectively to the demands of
accelerating electronic trade implementation programs.
Veteran corporate counsel will summarize the critical
responsive actions they have taken, and provide
perspectives on how they navigated and climbed the
electronic commerce learning curve. This session will
provide the electronic commerce neophyte general
counsel with helpful hints for making the most of the
conference.
ELECTRONIC COMMERCE POLICY AND REGULATION 101
The policy and regulatory issues affecting electronic
commerce continue to grow without an end in sight. As a
primer for an enriching Worldwide Electronic
Commerce conference, this session identifies and
explains the critical policy and regulatory building
blocks (and road blocks) that electronic commerce
professionals simply cannot avoid. It also surveys the
"tools" that are used in policy development and
implementation. This session provides a useful
foundation for many of the policy-oriented sessions.
MONDAY, JANUARY 17TH MORNING SESSIONS
-------------------------------------
SESSION 1: 9:00 - 10:20
-----------------------
1. WILL LEGISLATION KEEP UP WITH ELECTRONIC TRADE?
Viewpoints of law reform experts on the development of
diverse topics of possible legislation affecting
electronic commerce will be presented. Current and proposed
legislation from around the globe will be presented and
considered for its practicality and likelihood of
impacting electronic commerce.
2. ANATOMY OF A MODEL EDI AUDIT PROGRAM
More and more organizations are designing and
implementing enterprise-wide EDI and electronic
commerce systems. Audit standards, guidelines and
practices are in the process of responding to the need for
EDP and MIS systems auditors to have a detailed
understanding of the requirements for auditing EDI
systems. This session will outline the EDI systems audit
requirements and provide an overview of the ASC X12
Model Audit Program currently under development.
Experienced auditors will walk you through the results of
their years of experimentation and implementation and
explain an effective and practical audit program that you
can implement.
3. WILL PRIVACY REQUIREMENTS INHIBIT ELECTRONIC
COMMERCE?
How does personal data communicated among trading
partners and/or the government, particularly in open
systems environments, create barriers to business
transactions? Data protection is a frontier for electronic
commerce. This session will distinguish privacy and
confidentiality and discuss methods to protect companies
from the risks associated with the improper disclosure of
telecommunicated personal data. It will also consider the
economic, privacy or national security requirements and
restrictions imposed by governments, and their impact
on electronic commerce. Various laws and directives,
including the EC's proposed directive concerning the
protection of individuals in relation to the processing of
personal data will be identified and considered in
conjunction with charting a viable approach for
implementation.
4. CLEARING HOUSES AND ELECTRONIC COMMERCE
Clearing houses provide administrative, legal and
technical infrastructure which support various computer-
based commercial trading services to bolster the
reliability and enforceability of electronic transaction
records, reduce legal uncertainty, and generally facili-
tate electronic trade. The scope of implemented clearing
house services depends upon available technology, legal
and security requirements, potential liability, the
availability of insurance, and, of course, business needs
and costs. Clearing house services also extend well
beyond "traditional" clearing house functions to provide
broad-based support as a trusted entity. This session will
detail how clearing houses affect electronic commerce
controls and security.
SESSION 2: 10:30 - 11:50
------------------------
1. US EFFORTS IN COORDINATING ELECTRONIC COMMERCE
STANDARDS POLICY
U.S. public and private sector planning for global
electronic commerce requires coordination of the various
standards supporting electronic commerce, and
developing and presenting comprehensive U.S. positions
in the various international standards setting fora. This
panel will present proposals for improving such
coordination and charting a path forward, and provide an
expert's view on the future. The session will also address
the relevant implications of the recently released report
of the National Performance Review and endorse
initiatives that will potentially catalyze national and
international electronic commerce reform for years to
come. Will these initiatives be successful and how will
they impact business?
2. HOW TO AUDIT A THIRD PARTY/VALUE ADDED NETWORK
This session addresses the 'how to' of conducting audits
of third party service providers including third party
claims clearing houses. What is needed to obtain
clearance to conduct an audit? What questions are
appropriate during the audit? Who should participate in
such an audit? The impact of diverse relevant auditing
standards and guidelines, including those of the IIA, the
AICPA's SAS 70 and other relevant materials will be
discussed.
3. WHAT IS COST EFFECTIVE COMMERCIALLY REASONABLE
SECURITY?
How much security is required in an electronic trade
relationship? What is commercially acceptable and must
commercially reasonable security be cost effective
security? Experts will provide useful guidance on this
very difficult issue.
4. ANTICOMPETITIVE RESTRAINTS ON TRADE IN ELECTRONIC
COMMERCE
This session will identify and provide approaches
concerning three important and frequently asked
questions: Can we force our trading partners to trade
electronically, or can we be forced to do so? Can we be
forced to use particular VANs, or one of a limited
number of specified VANs? Can we charge (or be
charged) a premium for failing to trade electronically?
Antitrust counsel and electronic trade professionals will
provide their perspectives.
MONDAY, JANUARY 17TH AFTERNOON SESSIONS
---------------------------------------
SESSION 3: 13:30 - 14:50
------------------------
1. TRADING PARTNER AND BUSINESS AGREEMENTS IN
ELECTRONIC COMMERCE
This session will present case studies that illustrate how
trading partner agreements (agreements among parties to
electronic trade transactions) have been implemented by
industry and government to facilitate electronic trade.
Agreements that accommodate sales, services and other
types of electronic commerce will be treated. The
session will consider approaches to modifying model
agreements, accommodating scaling and automating
computer-based contracting mechanisms. Various model
agreements, including the soon-to-be released
European/TEDIS agreement will be addressed.
2. ELECTRONIC NEGOTIABILITY - WHAT SCARES THE EDI USERS
AWAY?
Few EDI issues cause such angst in the EDI community
as the issue of negotiability under EDI - whether it is for
securities, bills of lading, letters of credit, or any other
device that depends upon paper to transfer things of
value. Is it the horrendous legal pitfalls that EDI
negotiability presents as some would claim? Or is it that
last vestige of paper that we all are reluctant to let go
of, that causes us to hesitate before committing ourselves
to an all EDI world of commerce? The history of and
current efforts to develop electronic mechanisms in
substitution for paper-based documents of title will be
examined during this session. The panel will address the
major initiatives intended to substitute or accommodate
negotiable and nonnegotiable documents of title in
electronic form, and will explore possible solutions.
3. INFOSEC STANDARDS - POLICY, COORDINATION AND
INTERWORKING
This panel will deal with current and future policy on
information security standardization at the international,
regional and national levels, in particular, with regard to
information security standards as they apply to electronic
trade and commerce. It will also share thoughts and
perspectives concerning future standards direction, work
programs, interworking, and coordination.
4. TIME/DATE STAMPING - OPTIONS AND CONSTRAINTS
Time and date stamping of computer-based transactions
is increasingly recognized as being critical to
nonrepudiation, effective public key certificate and
certificate revocation management, and EDI in general.
This session will survey the technology, implementations
and legal requirements for time and date stamping and
consider the extent to which trusted entities are needed
to implement time and date stamping procedures and
devices, as well as the implications of electronic rather
than human time stamping.
SESSION 4: 15:00 - 16:20
------------------------
1. UNITED NATIONS ELECTRONIC COMMERCE INITIATIVES
This session surveys and opines on some of the UN's
legal initiatives in support of electronic commerce. UN
representatives to both predecessor and current activities
will share their viewpoints on legal developments,
relationships to other international organizations and will
describe their visions for the future.
2. DIRECTORY CONTROL ISSUES IN ELECTRONIC MESSAGING
AND
EDI
This session presents an overview of the audit and
security capabilities and legal implications of
international messaging and directory standards and
recommendations, including X.400, X.435, and X.500.
Industry experts will describe how they have
implemented these standards and addressed the security
issues surrounding their use. Directory-based trading
partner information, including security credentials, is
increasingly indispensable for electronic commerce.
However, privacy, ownership, use, revenue and accuracy
of directory information remain compelling challenges.
The session will also examine directory models, explore
the critical issues and present a path forward.
3. COMPARING CRITICAL CRYPTOGRAPHIC ALGORITHMS AND
STANDARDS
How do I know you are who you say you are? Inventors,
visionaries and pioneer algorithm standards developers
will discuss how cryptographic techniques have been
developed and standardized to address the authentication
of business documents. The practical application of such
technologies and their integration into small, medium
and large business systems will provide an indispensable
road map for improved business processes and reduced
legal and control risks.
4. FINANCIAL CLEARING HOUSE RULES - A FOUNDATION FOR
EDI?
Major funds transfer clearing houses (such as the ACH,
CHIPS, Fedwire) have developed highly sophisticated
rules that address the apportionment of liability among
users, financial institutions and the clearing house. As
clearing houses and other trusted third parties provide
various assurances to the trading public, these clearing
house rules and procedures deserve close attention. A
panel of the counsel and commentators to the major
funds transfer clearing houses will share their collective
experience with a view towards the development of
generalized electronic commerce clearing houses and
electronic security credentialing authorities.
SESSION 5: 16:30 - 17:50
------------------------
1. MODEL ELECTRONIC PAYMENTS AGREEMENTS
Financial EDI is increasingly a growing and
indispensable aspect of electronic commerce. However,
it also presents additional challenges beyond those
covered by standard EDI trading partner agreements and
practices. This session outlines the legal treatment of
financial EDI, its relationship to EFT and funds transfer
mechanisms, and the responsive model financial EDI
agreements, guidelines and critical law reform
initiatives.
2. WHAT TO SAVE, WHEN TO SAVE IT, AND FOR HOW LONG
How long should transactions be saved? Are electronic
documents subject to different retention rules?
International trade rules are in play respecting retention
matters. In the U.S., the Internal Revenue Service
published Revenue Procedure 91-59 to address the
electronic retention period and audit procedures for the
electronic trade environment. To what extent does this
Revenue Procedure as well as other national and
international procedures provide useful models for
international harmonization? This session will address
the pros and cons of using such procedures to change
company internal records retention policies.
3. DO "SMART CARDS" PROVIDE AN "ULTIMATE" CONTROL
SOLUTION?
The need for, and use of, card technologies, including
magnetic stripe, smart cards, and PCMCIA, presents new
options and challenges for the audit, legal and security
communities. The policy issues associated with card
technologies have already surfaced within the electronic
benefit transfer, healthcare informatics, financial
services and many other environments. The panel will
identify the various card technologies and explore the
relevant issues, including those concerning ownership of
data on the card, impact on satisfaction of signature
requirements and cost justification.
4. THE "FAST" INITIATIVE - BUSINESS TRUST IN THE
COMPUTER ERA?
The International Bureau of Chambers of Commerce
(IBCC) - world forum of Chambers of Commerce (of the
International Chamber of Commerce (ICC)), is setting
up an international "registration" and "certification"
chain within EDI. Coordinated by the Belgian Federation
of Chambers of Commerce and Industry, the backbone
of the Certified Electronic Data Interchange For
Administration, Commerce and Transport (CEDI-
FACT) concept included in "FAST" (First Attempt to
Security Electronic Commerce), a trans-European and
trans-sectoral pilot project that will soon commence
under the auspices of the TEDIS program of the
Commission of the European Communities.
TUESDAY, JANUARY 18TH - MORNING SESSIONS
----------------------------------------
SESSION 6: 8:00 - 9:20
----------------------
1. NEGOTIATING ELECTRONIC TRADE AGREEMENTS
A common stumbling block in implementing electronic
trade is the length of time it takes for companies to
negotiate electronic trade agreements. In this session you
will witness a simulated negotiation session between two
trading partners and their counsel. The dialogue will
communicate the benefits and costs of using standard
agreements that are recognized by the majority of
industries, as well as the benefits and cost of not using
a trading partner agreement.
2. BACK-UP, ARCHIVAL AND CONTINGENCY PLANNING
SERVICES
IN ELECTRONIC COMMERCE ACCELERATED TRANSACTION
PROCESSING
OR J.I.T. ENVIRONMENT
Increasingly, the failure to contract for contingency
services may create significant exposure, perhaps
extending to consequential damages. Moreover, the
impact of expedited electronic transactions such as just-
in-time and quick response demand further consideration
of contingency services. This session debates an
appropriate definition of "due diligence" in electronic
commerce; the issues addressed in most commercial
contingency services agreements, and concludes with
predictions on future issues by a panel of recognized
experts.
3. SECURITY POLICY IN A GLOBAL INFORMATION
ENVIRONMENT
This session provides an opportunity to hear two of the
key security policy makers from the Commission of the
European Communities and the United States,
respectively. The speakers will address critical
developing information security policy issues of far
reaching consequence, including whether public key
infrastructure can or should be implemented for both
authentication and confidentiality services or instead for
authentication only; the scope and impact of pilot
projects on cryptographic and secured open systems
policy development; the impact of patents on the
development of ubiquitous secure infrastructure; and
cooperative approaches to a global path forward that will
minimize national and regional fragmentation.
4. ELECTRONIC SOFTWARE DISTRIBUTION (ESD) - A PANDORA'S
BOX?
As in every industry, there are commercial conduct rules
that apply to the software industry. As new methods of
distribution are introduced (discussed) in order to make
it easier for customers of software developers to obtain
and manage software assets within a corporation,
domestic and global legal implications are raised. This
session will discuss issues surrounding ESD and the
proposals to remedy them. Additionally, critical new
technologies and actual implementations will be
identified and demonstrated, with a view towards their
security and control capabilities.
SESSION 7: 9:30 - 10:50
-----------------------
1. VALUE ADDED NETWORK AND INTERCONNECT
AGREEMENTS -
WHO IS LIABLE AND FOR WHAT?
Third Party Service Providers ("TPSPs") including Value
Added Networks ("VANs") and service bureaus have
been quite successful in limiting their liability. This
session examines the history, present status and future
liability of VANS and other TPSPs. The extent to which
VANs can or should be trusted to assure the
confidentiality of user data will be addressed. The panel
will provide practical legal and technical advice at
grappling with these trends. The panel, which includes
general counsel to VANs, will address these issues,
including the enforceability of liability caps, the
enforceability of trading partner terms within their
"system agreements", VAN interconnects and special
considerations for consumer-users.
2. CRIMINAL LAWS REALLY PROTECT ELECTRONIC COMMERCE?
Liability for computer-based criminal acts is a
developing area of the law and therefore, the extent and
adequacy of current law remains uncertain. This session
will identify the critical elements of criminal law
relevant to electronic commerce and describe its
inadequacies. Proposals will be presented for legislative
reform. International prosecution of computer-based
crime will also be considered.
3. DIGITAL AND ELECTRONIC SIGNATURES AND THE LAW
Historically, the written signature has been an important
(and in many cases an indispensable) aspect of
commercial trade. This session will compare
conventional, electronic and digital signature
requirements and techniques, and explain how they are
(or should be) treated in the law. The most authoritative
private and administrative, legislative, judicial and
audit-related decisions, rulings and pronouncements
affecting digital signatures will be presented, and their
future impact explained. You will learn about new methods
for "tying" digital and electronic signatures to pre-
established expectations and purposes. The speakers will
also discuss the format and intent of relevant computer
based "signature" standards and how they can be implemented
in your company/industry.
4. ACCREDITATION AND CERTIFICATION - THE NEW FRONTIER?
Because deserved confidence and trust in electronic
credentials and the infrastructure that issues such
credentials is of vital importance, mechanisms to assure
its accountability, consistency and quality are
indispensable. Certification and accreditation provide a
process of approval or recognition by a trusted body
representing that the subject of such certification and
accreditation has satisfied recognized criteria, typically
concerning quality, performance, ethics, experience,
safety, education or competence. This session considers
the legal, policy and organizational issues associated
with accreditation and certification and its relevance to
the satisfaction of obligations to implement
"commercially reasonable security."
SESSION 8: 11:00 - 12:20
------------------------
1. THE INTERNATIONAL CHAMBER OF COMMERCE
ELECTRONIC
COMMERCE INITIATIVES
The ICC and its national affiliates (such as the U.S.
Council for International Business) have played a
continuing role in the development of electronic
commerce rules and practices, beginning with the
seminal publication of the "UNCID" rules, and
subsequently with initiatives for "EDI-TERMS", "EDI-
ready" INCOTERMS, and other projects. This session
will identify relevant ICC electronic commerce
initiatives, describe the ICC's future role, including
with regard to other international organizations, and
consider the ICC's and USCIB's work in addressing other
information policy and security issues confronting the
global business community.
2. ADMITTING, PROVING, AND ENFORCING EDI TRANSACTIONS
This session will focus on the evidentiary requirements
for electronic trade records and will contrast
requirements for records in paper and electronic form.
Diverse interpretations of foundation requirements of the
Federal Rules of Evidence, key regulatory requirements,
and related issues, including a status report on efforts
to reform the Federal Rules of Evidence that are relevant
to computer-based practices will be presented.
3. RE-ENGINEERING THE TAX FILING PROCESSES
Tax authorities will explain how they are dealing with
the electronic trade environment; and the policy, legal
and security issues involved in electronically interfacing
with national Governments. The implications of these
activities on electronic commerce generally will be
the focal point for this session. Additionally, it will
consider intergovernmental relationships concerning
authority to operate as a VAN or service bureau for the
other, including the TaxNet Government Communications
Corporation (TGCC) initiatives.
4. EDI INSURANCE - THE NEXT CONTROL APPROACH?
This panel will discuss the issues and opportunities
associated with offering and underwriting electronic
information-related risks.. This session surveys important
insurance issues that are either directly applicable to
electronic commerce and cryptography, or that indirectly
provide useful structures which can benefit the
thoughtful consideration of competing approaches to
such infrastructure. The discussion considers
insurance issues in EDI, EFT, VANS, and certification
authorities. To the extent insurance exists, the panelists
will discuss general restrictions and what electronic
information users and vendors can do to standardize and
structure their systems to assist the insurance industry
with broadening the scope of coverages.
TUESDAY, JANUARY 18TH - AFTERNOON SESSIONS
------------------------------------------
SESSION 9: 14:00 - 15:20
------------------------
1. CENTRAL AND EASTERN EUROPEAN ELECTRONIC TRADE -
LEGAL
STATUS AND FUTURE OPTIONS
This session will discuss the present position of several
normative acts and legislative proposals in the Central
and East European countries that are of importance for
the development and use of EDI including: the status of
electronic evidence, the possibilities for electronic
contracting, and the legal requirements of "writing" and
"signature". The case for new legislation in Central and
Eastern Europe, assimilating the consequences of the
development and use of computer applications on the
traditional legal system, as well as the recent proposal
for a new Civil Code of the Russian Federation that
contains a specific regulation on an electronic version of
negotiable documents, will be discussed.
2. THE ROLE AND FUTURE OF NOTARIES IN COMPUTER-BASED
COMMERCE
This session defines and explains conventional notary
laws and practice in both common law and civil law
countries; and considers the business and legal need for
notarial reform to accommodate electronic transactions.
It will also examine the use and sufficiency of forms of
identification as a prerequisite to the issuance of
electronic credentials. Furthermore, the session will
provide perspectives on notarial reform, including
whether current notarial practice can accommodate
electronic commerce, or whether there is a need for an
"electronic notary," a "super notary" or other such
"trusted entities." A panel of distinguished notaires from
around the world will consider whether a Latin-style
notary can or should be introduced in non-civil law
countries and will forecast the future for notaries in a
computer-based world.
3. WILL HEALTHCARE REFORM PROFOUNDLY RESHAPE EDI
LAW,
POLICY AND CONTROLS?
Privacy and security issues surrounding the use of EDI
are advancing to the top of the priorities in the health-
care field. Healthcare costs are a prime concern of
governments and individuals. However, with the rapid
growth of health care information networks and regional
or community healthcare networks, the capture, storage
and retrieval of health care data is essential to the
quality of the health care delivered. Data ownership and
access rights are unresolved, as well as the apportionment
of liability for erroneous or improperly disclosed data.
Moreover, the lack of a national (U.S.) personal
ID/national identifier presents privacy and security
challenges for healthcare and electronic commerce
generally. These issues, with a focus on confidentiality
and privacy issues will be discussed in depth by leading
experts in health care law and EDI.
4. THE USES OF ESCROW IN ELECTRONIC COMMERCE
The scope of escrow agents is much broader in electronic
commerce than in the computer software industry.
Escrow agents are increasingly being used to hold
cryptographic keys associated with the privacy or
authenticity of business transactions. This session will
explain the world of escrow and how it can improve
electronic commerce. The escrow implications of the
Clinton Administration's "Clipper Capstone" proposal
will also be addressed. Copies of escrow agreements will
be distributed and discussed.
SESSION 10: 15:20 - 16:50
-------------------------
1. WHO OWNS THE STANDARDS, FUNCTIONALITY AND
SYSTEMS?
CHARTING A COURSE THROUGH COPYRIGHT ISSUES IN EDI
This session evaluates the ownership, use, repudiation,
licensing, and transfer of rights associated with the
development and use of electronic trade standards in
both paper and electronic form, nationally and
internationally. Representatives from major standards
making entities as well as "vocal" users of the standards
will present the issues and a road map to the future.
The extent to which companies can obtain or enforce
proprietary rights in screen displays, data formats and
similar working aspects of an EDI system will be
considered.
2. RISK ANALYSIS IN ELECTRONIC TRADE
Prior to decision making, an evaluation process occurs
that determines the advantages and disadvantages of an
investment decision. A piece of this process is
sometimes known as "Risk Analysis." This session will
review the process steps necessary to conduct an
effective risk analysis for electronic trade and
investments. The panel will explain the critical
limitations of this process and how it is evolving to
meet the needs of important applications.
3. JUDICIAL ELECTRONIC DATA INTERCHANGE ("JEDI")
The current events, issues and projects associated with
the development of EDI within the Judiciary will be
discussed. The panelists will also review the procedural
and evidentiary rules affecting JEDI, bankruptcy court
JEDI, integration of JEDI with law office and judicial
automation of justice in the future. The most noteworthy
JEDI implementations throughout the world, as well as
JEDI X12 transaction sets and UN/EDIFACT messages
will be surveyed.
4. EDI TRANSLATION SOFTWARE CONTROL AND LEGAL
CONSIDERATIONS
As the heart of an EDI implementation, the adequacy of
EDI translation software is increasingly important to the
legal and control communities. This session will explain
the important audit and security control features of EDI
translation software and address concerns, pitfalls and
remedial actions available to the purchaser of such
software.
REGISTRATION INFORMATION
------------------------
HOTEL & AIRLINE INFORMATION
---------------------------
American Airlines is offering discounted air fares for
the Worldwide Electronic Commerce Conference.
Arrangements may be made by calling American
Airlines at 1-800-433-1790 and referencing "Star" Code
S1814P7.
Continental Airlines is also providing discounted air
travel for the Worldwide Electronic Commerce
Conference. To make reservations, call 1-800-468-7022.
Please reference Identification Code ZAB58.
International travelers: please contact your local
Continental phone number for specially discounted fares.
For this conference, Continental Airlines has waived the
need to stay over a Saturday night to obtain the lowest
possible fare.
The beautiful Waldorf-Astoria Hotel in the heart of New
York City will be the sight of the Worldwide Electronic
Commerce Conference. This prestigious internationally-
acclaimed hotel provides the finest in accommodations
and is offering a special room rate of $159 to all
conference attendees. Reservations can be made by
calling 1-212-355-3000.
CONFERENCE HIGHLIGHTS
---------------------
INTERNATIONAL SCOPE: Most conference sessions
will include one or more persons from a country other
than the United States, or one or more representatives
from international organizations, to provide a
diversity of perspectives and experiences.
CONFERENCE PROCEEDINGS: Conference papers of
all sessions will be bound and distributed to all
participants.
GROUP & STUDENT DISCOUNTS: Discounted
registration fees will be offered to companies sending 3
or more individuals and to qualifying students. Call: 1-
214-516-4900 for more information.
CONTINUING LEGAL EDUCATION: For information
concerning C.L.E. points, call 1-214-516-4900.
HOW TO REGISTER
---------------
REGISTRATION FEE: $550 total conference registration fee.
BY MAIL: Completed forms must be accompanied by a
money order, check, or credit card number (American
Express, MasterCard, or Visa). All checks should be
made payable to Worldwide Electronic Commerce
Conference, P.O. Box 743485, Dallas, Texas 75374,
USA.
BY FAX: Completed forms, when paying be credit card,
may be faxed to 1-214-424-0562.
BY PHONE: Call 1-214-516-4900 for payment by credit
card or questions about the conference.
BY E-MAIL: Worldwide Electronic Commerce can also
be reached on Compuserve at 76520,3713.
REGISTRATION FORM:
------------------
To register, please print out a copy of the form below,
complete it by typing or printing the registration
information and return one completed form with
payment for each registration. Mail to P.O. Box 743485,
Dallas, TX 75374, USA or Fax to: 1-214-424-0562.
_____ I am registering for the Worldwide Electronic
Commerce Conference (Total: $550)
_____ I plan on attending one of the Pre-Conference
Tutorial Sessions. (Select one below):
_____ Electronic Trade Overview
_____ Security & Audit Overview
_____ General Counsel's Perspective
_____ Electronic Commerce Policy
A check is enclosed for $___________ -OR-
Please bill my:___VISA ___MasterCard ___American Express
Card No.______________________ Exp. Date_________________
Name on Card_____________________________________________
Signature________________________________________________
Registrant's Name________________________________________
Title____________________________________________________
Preferred First Name for Badge___________________________
Company / Organization___________________________________
MS / Dept._______________________________________________
Address__________________________________________________
City________________________ State______ Zip_____________
Telephone________________________ Fax____________________
Do You Require Special Handicapped Access? ____Yes ____No
Will you be staying at the Waldorf? ____Yes ____No
Final agenda subject to change, especially as the program
expands and additional speakers are added. CANCELLATIONS
must be received in writing and postmarked no later than
December 22, 1993 to receive a 50% refund of the paid
registration. No refunds will be issued after December 22,
1993, regardless of when the registration is received.
NO SHOWS are liable for the entire conference fee.
SPECIAL ARRANGEMENTS for the handicapped will be made if
requested in advance. To make a request, contact the
"Conference Coordinator" at 1-214-516-4900.
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