Re: Anonymity (re: the Esther Dyson issue)

In Tim's Cyphernomicon, he says - I have heard (no cites) that "going masked for the purpose of going masked" is illegal in many jurisdictions. Hard to believe, as many other disguises are just as effective and are presumably not outlawed (wigs, mustaches, makeup, etc.). I assume the law has to do with people wearning ski masks and such in "inappropriate" places. Bad law, if real. A lot of the motivation was to stop the Ku Klux Klan terrorism. On the other hand, the reason it was mentioned on the list a couple years ago was that a woman was arrested in some North Central city, probably Detroit, for violating it, because she was wearing a Middle-Eastern-style chador outfit that covered her face. # Thanks; Bill # Bill Stewart, +1-415-442-2215 stewarts@ix.netcom.com # <A HREF="http://idiom.com/~wcs"> # You can get PGP software outside the US at ftp.ox.ac.uk/pub/crypto

It's late and I'm about to go home, but my search through the text of the Digital Telephony legislation comes up with the attached definitions the law uses. If I were, say, Jason "The Weasel" Baron (who's my fave DoJ attorney) and I wanted to really screw over some netizens, I might try to argue that an ISP should be a "telecommunications carrier." If the FCC bought my argument and thought that an ISP could in some cases substantially replace telephone service, then DT would apply to ISPs. Then ISPs must -- at the request of "authorized" Feds acting even without a warrant -- cough up all data coming to and from a person on their system. I'm probably wrong here and I hope I am, so I'm copying this to Marc who can point out the holes in my reasoning. -Declan // declan@eff.org // I do not represent the EFF // declan@well.com // (4) The term `electronic messaging services' means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (6) The term `information services'-- (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes-- (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (8) The term `telecommunications carrier'-- [...] (ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this title; but (C) does not include-- (i) persons or entities insofar as they are engaged in providing information services; and (ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General. SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS. (a) Capability Requirements: Except as provided in subsections (b), (c), and (d) of this section and sections 108(a) and 109(b) and (d), a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of-- (1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government;

stewarts@IX.NETCOM.COM said:
In Tim's Cyphernomicon, he says - I have heard (no cites) that "going masked for the purpose of going masked" is illegal in many jurisdictions. Hard to believe, as many other disguises are just as effective and are presumably not outlawed (wigs, mustaches, makeup, etc.). I assume the law has to do with people wearning ski masks and such in "inappropriate" places. Bad law, if real.
A lot of the motivation was to stop the Ku Klux Klan terrorism. On the other hand, the reason it was mentioned on the list a couple years ago was that a woman was arrested in some North Central city, probably Detroit, for violating it, because she was wearing a Middle-Eastern-style chador outfit that covered her face.
That would be St Paul, MN. If I recall, the arrest was thrown out (and possibly the law overturned). I can look for references if anyone cares. -- Kevin L. Prigge | "I rarely saw people sitting at Systems Software Programmer | computers producing real code Internet Enterprise - OIT | wearing ties." - Philippe Kahn University of Minnesota | (speech at Software Development '90)
participants (3)
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Declan McCullagh
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Kevin L Prigge
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stewarts@ix.netcom.com