WE'RE UNDER ATTACK
First of all, the attacks on Moby Crypto (Grady Ward) and on PGP are *clearly* linked in the SAME systematic assault on cryptographic distribution, as S. Steele of EFF has indicated. Both the subpoenas were served by US District Court of Northern California, San Jose. The head attorney mentioned in both cases is Michael J. Yamaguchi. The subpoenas are virtually identical. Both mention W. P. Keane, Assistant attorney, and special agent Robin Sterzer. They appear to have been served on the same *day*, perhaps even the same *time*. (Rule X of systematic warfare: coordinate attack timing on all fronts.) Here is where the dissimilarity seems to start. Grady Ward was unequivocally being harassed by the *NSA* prior to this date as he reported on various newsgroups. Is the summons related to this NSA inquiry? It would be inconceivable at this point to believe that it wasn't. PGP & PRZ were being harassed by *customs officials* prior to this date, possibly under the complaints of PKP. Now, these two situations have been totally aligned in the simultaneous serving of the subpoenas. Is this a systematic assault by the NSA, PKP, or Customs Officials? Does it have something to do with the ink-still-drying agreement between PRZ and Viacrypt? Who convened the grand jury? *somebody* is targeting cryptographic distribution in a devastating initial two-pronged blow. The curious coincidence of clearcut NSA harassment of Moby Crypto on one hand and the PKP harassment of PGP on the other, *united* in the subpoena, with the chocolate ViaCrypt agreement timing on top, is extremely unsettling, and perhaps altogether the strongest fodder so far for NSA-PKP conspiracy theories. We must try to determine whose rules we are playing by. Is this a customs investigation? Treasury Dept.? The situation with NSA is that they don't really ever act directly, they always go through some other henchmen to do the dirty work. This smells like them. But the case of the NSA convening a grand jury does not appear to have a historical precedent. What's going on here? ATTACK PLAN At this early date it is impossible to formulate something sensible. Everyone is completely disoriented. This is like a grenade going off in the room. However, my initial reaction is that the subpoenas seem to be OVERBROAD. They could be argued by a competent attorney, given the simultaneous targeting of two completely disparate cryptographic enterprises, to represent an OUTRAGEOUS FISHING EXPEDITION. Isn't there a way to contest a subpoena in court? these legal mechanisms need to be employed IMMEDIATELY. what is the significance of the date June 1, 1991, the date back to which all cryptographic materials are requested? Does this have any meaning to PGP or some law? If anyone can figure out the meaning, it may be a route to a counterattack.
However, my initial reaction is that the subpoenas seem to be OVERBROAD. They could be argued by a competent attorney, given the simultaneous targeting of two completely disparate cryptographic enterprises, to represent an OUTRAGEOUS FISHING EXPEDITION. Isn't there a way to contest a subpoena in court? these legal mechanisms need to be employed IMMEDIATELY.
Lance, calm down. PRZ and ViaCrypt have their own lawyers. Mike Godwin in contact with PRZ, and we all saw Shari's message from the exec dir of the EFF, so they are involved. We are technologists, not lawyers. For now, I'll let the lawyers formulate the response to this attack. They know the game better than you or I do. When my help is requested, they'll get it. For now, we need to continue doing what we've been doing: distributing technology, experimenting with remailers, and increasing awareness. Not taking the government on with no tools, no experience, and no clue. Marc
participants (2)
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L. Detweiler -
Marc Horowitz