-----BEGIN PGP SIGNED MESSAGE----- Mime-Version: 1.0 Content-Type: text/plain Content-Transfer-Encoding: 7bit To: cypherpunks@toad.com Date: Mon Sep 16 17:18:36 1996 cypherpunks: I have been having a private e-mail conversation with Judge Alex Kozinski of the 9th circuit. Today he said:

Jim: Feel free to clarify my position to your comrades (excuse the term) if you think it will be useful. I guess I'll keep thinking about this stuff and may change my mind on some things.

... In a previous message to me in response to cypherpunks messages mentioning him which I forwarded, he said:

The statement about anonymous remailers was largely accurate. I'm not sure that the fact that you (or some of your associates) are willing to block people from getting anonymous mail is a sufficient safeguard. Some may not be, and it only takes one or two who do not adhere to the code to make life miserable for the rest of us.

We agree about the need for privacy, but I'm not at all sure why the right to send messages anonymously trumps the recipient's right to know who's addressing him. Getting an anonymous message--even one that is not harassing or threatening--is an invasion of my privacy. As for

Me: [Please note, this statement caused me to block his address from WinSock messages, but _NO_ I will not give you his e-mail address, so please do not ask me to unless I _know_ you are a remailer-operator, and you send me a PGPmessage including your key and asking for it for blocking reasons ONLY. So far, nobody has been stupid enough to try to use the remailers to harass him. I DON'T want this man harassed, and having him understand "our" point of view will be a "big cypherpunk win"(tm) IMNSHO, so please trust me to represent you fairly. Thanks.] On with the Judge:

Halloween, it only really works when the people dressed up are about four feet tall. In the rare instances where there have been adults at my door that were so disguised you couldn't tell who they were, I felt threatened--kept my Glock handy before opening door.

The quote about morphed children's images was sort of botched, as was my assessment of the Third Circuit's case. What I said about children is that morphed images did not involve normal exploitation of children so it would not clearly fall in the unprotected category, but that there may be other harms I'd have to think about before deciding. As for the Third Circuit's opinion, I said at the outset they got it right in the bottom line; what I criticized was their use of analogies to deal with the problem. I find that much thinking about the net is analogy-driven and that analogies are inherently imprecise and can be misleading.

Anyway, thanx for bearing with me. There's a lot of this stuff I have not made up my mind about and I find talking about it helps shape my thinking.

Folks, we have a chance to win or lose, depending on list.maturity and common sense. If this man is harassed, convincing him will become harder for me, and I will be very annoyed. If you make a coherent comment that covers ground that I have not already covered with him, I will forward it on to him. Alex Kozinski is IMO, by far, the closest thing to a libertarian that Reagan ever appointed, and in both messages he has mentioned having an open mind. Let's try not to give him a reason to close it. Thanks for trusting me, and thanks in advance for behaving nicely and respecting the judge's privacy. JMR Regards, Jim Ray -- DNRC Minister of Encryption Advocacy "As govt.s grow arithmetically, corruption grows exponentially." -- Ray's Law of official corruption. Defeat the Duopoly! Stop the Browne out. Harry Browne for President. Jo Jorgensen for Vice-president. http://www.HarryBrowne96.org/ http://www.twr.com/stbo ___________________________________________________________________ PGP id.E9BD6D35 51 5D A2 C3 92 2C 56 BE 53 2D 9C A1 B3 50 C9 C8 I will generate a new (and bigger) PGP key-pair on election night. <mailto:liberty@gate.net> http://www.shopmiami.com/prs/jimray ___________________________________________________________________ -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBMj3ENG1lp8bpvW01AQEOBAP+IExjfTO6DnrBvF8/xNFWLDcYTgIid5tI Gpya0oRKRFIgYm2v3pjw2y649QxC8bGryy15wi72s6p4f1Sf6pqKbOz6ANcHNkOK JoenVAMBxKK4wwoDIzqkxPBBIBmQO/KzJBw5ymfhGMZNN+NN6nwS9JnlSKeDwFtO 94BZLZ2fec4= =IS+5 -----END PGP SIGNATURE-----