Re: Court proceedings under new SAFE act]
On Thu, Sep 11, 1997 at 06:12:15PM -0700, Declan McCullagh wrote:
I'm reading the bill more closely. This is incredibly slick work.
1. When it appears that any person is selling, importing, or distributing non-backdoor'd crypto or "about" to do so, the Atty General can sue to stop them. "Upon the filing of the complaint seeking injunctive relief by the Attorney General, the court shall automatically issue a temporary restraining order against the party being sued."
"distributing" Does that include paper copies of source code? How about slowly and carefully reciting source code to an audience? Writing it on a blackboard, perhaps? What if I respond to Adam Back and accidently forget to snip his .sig? (if that's not prior restraint, I don't know what is!)
2. There are provisions for closing the proceedings -- at the request of the "party against whom injunction is being sought." "Public disclosure of the proceedings shall be treated as contempt of court." Can also be closed if judge makes finding.
This, of course, is what remailers are for. More prior restraint, of course.
You get notified not later than 90 days afterwards. There are a lot of other "checks and balances" here that will be touted as safeguards.
Who's being saved? Fuck 'em. -- --------------------------------------------------------------------- Omegaman <mailto:omegam@cmq.com>|"When they kick out your front door, PGP Key fingerprint = | How are you gonna come? 6D 31 C3 00 77 8C D1 C2 | With your hands upon your head, 59 0A 01 E3 AF 81 94 63 | Or on the trigger of your gun?" Send email with "get key" as the| -- The Clash, "Guns of Brixton" "Subject:" to get my public key | _London_Calling_ , 1979 ---------------------------------------------------------------------
Omegaman writes: : What if I respond to Adam Back and accidently forget to snip his .sig? : (if that's not prior restraint, I don't know what is!) What it is, under current law, is a violation of Export Administration Regulations, unless you somehow get a license before you send the reply. Of course, if you send the reply in hard copy you would be all right under the EAR, though it would seem to be a violation to distribute the reply in the United States, if the proposed legislation were to be enacted. -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH EMAIL: junger@samsara.law.cwru.edu URL: http://samsara.law.cwru.edu NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists
Peter Junger <junger@upaya.multiverse.com> writes:
Omegaman writes: : What if I respond to Adam Back and accidently forget to snip his .sig? : (if that's not prior restraint, I don't know what is!)
What it is, under current law, is a violation of Export Administration Regulations, unless you somehow get a license before you send the reply.
Er, was this a slip up, is Peter trying a new tactic in his legal explorations... Peter (accidentally, or a slip-up) exports by quoting: ] To: Cypherpunks <cypherpunks@cyberpass.net> ] From: "Peter D. Junger" <junger@upaya.multiverse.com> ] Subject: Re: House National Security committee guts SAFE, worse than no bill ] Date: Fri, 12 Sep 1997 08:03:38 -0400 ] ] Adam Back writes: ] : ] : Declan McCullagh <declan@well.com> writes: ] : > ] : > I was talking to someone after a law class this evening (we're covering ] : > electronic privacy topics, but unfortunately we're not at crypto yet). He ] : > suggested widespread civil disobedience. ] : ] : Might I suggest using RSA in perl: ] : ] : print pack"C*",split/\D+/,`echo "16iII*o\U@{$/=$z;[(pop,pop,unpack"H*",<> ] : )]}\EsMsKsN0[lN*1lK[d2%Sa2/d0<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<J]dsJxp"|dc` ] : ] : which is now officially non-exportable (as reported by Peter Junger; Oh dear. Someone call the feds :-) Adam -- Have *you* exported RSA today? --> http://www.dcs.ex.ac.uk/~aba/rsa/ print pack"C*",split/\D+/,`echo "16iII*o\U@{$/=$z;[(pop,pop,unpack"H*",<> )]}\EsMsKsN0[lN*1lK[d2%Sa2/d0<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<J]dsJxp"|dc`
At 01:29 PM 9/14/97 -0400, Robert Hettinga wrote:
Heck. Jail would be a great place to write an uninterrupted book-length screed. I'm too ugly to be anyone's 'wife', anyway...
Just remember that toilet plungers don't care how ugly you are. Jonathan Wienke What part of "the right of the people to keep and bear Arms, shall not be infringed" is too hard to understand? (From 2nd Amendment, U.S. Constitution) PGP 2.6.2 RSA Key Fingerprint: 7484 2FB7 7588 ACD1 3A8F 778A 7407 2928 DSS/D-H Key Fingerprint: 3312 6597 8258 9A9E D9FA 4878 C245 D245 EAA7 0DCC Public keys available at pgpkeys.mit.edu. PGP encrypted e-mail preferred. Get your assault crypto before they ban it! US/Canadian Windows 95/NT or Mac users: Get Eudora Light + PGP 5.0 for free at http://www.eudora.com/eudoralight/ Get PGP 5.0 for free at http://bs.mit.edu:8001/pgp-form.html Non-US PGP 5.0 sources: http://www.ifi.uio.no/pgp/ http://www.heise.de/ct/pgpCA/download.shtml ftp://ftp.pca.dfn.de/pub/pgp/V5.0/ ftp://ftp.fu-berlin.de/pub/pc/win95/pgp ftp://ftp.fu-berlin.de/pub/mac/pgp http://www.shopmiami.com/utopia.hacktic.nl/pub/replay/pub/pgp/pgp50/win/ RSA export-o-matic: print pack"C*",split/\D+/,`echo "16iII*o\U@{$/=$z;[(pop,pop,unpack"H*",<> )]}\EsMsKsN0[lN*1lK[d2%Sa2/d0<X+d*lMLa^*lN%0]dsXx++lMlN/dsM0<J]dsJxp"|dc`
At 7:58 am -0400 on 9/14/97, Peter D. Junger wrote:
: What if I respond to Adam Back and accidently forget to snip his .sig? : (if that's not prior restraint, I don't know what is!)
What it is, under current law, is a violation of Export Administration Regulations, unless you somehow get a license before you send the reply.
Cool. At this rate, e$pam has violated the law several thousand times, given the number of Adam's posts I've forwarded to it over the years, and the number of foriegn e$pam subscribers. Heck. Jail would be a great place to write an uninterrupted book-length screed. I'm too ugly to be anyone's 'wife', anyway... Cheers, Bob Hettinga ----------------- Robert Hettinga (rah@shipwright.com), Philodox e$, 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' The e$ Home Page: http://www.shipwright.com/
participants (5)
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Adam Back -
Jonathan Wienke -
Omegaman -
Peter D. Junger -
Robert Hettinga