registering Cypherpunks movement ...

Trei, Peter ptrei at rsasecurity.com
Mon Jan 14 10:46:39 PST 2002


> Anonymous wrote:
> 
> Not a joke.
> 
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=34001-350
> 00&file=35000-35007
> 
> "35001.  This title is enacted in the exercise of the police power of
> this State for the protection of the public peace and safety by
> requiring the registration of subversive organizations which are
> conceived and exist for the purpose of undermining and eventually
> destroying the democratic form of government in this State and in the
> United States."
> 
Two points: 

Point one:
This is ancient history - it's part of the "Subversive Organization 
Registration Law" which was passed by California in 1941, largely 
to counter the German-American Bund (an American Nazi front 
organization in the pre-Pearl Harbor days).

See:
http://www.vho.org/GB/Journals/JHR/7/3/Hummel285-317.html for
a history of US Government repression during WW2.

This is not to say that it's not still on the books - I'm just pointing
out that it's not another post-9/11 piece of snake-oil 'security'. And,
yes, I'm aware that WW2 era behaviour is already being cited as 
justification by Bush & Co.

Point two:
The cypherpunks mailing list is not an organization. There is no
membership list, there are no officers. There are no dues, no
organizational hierarchy. There is no agreed set of aims, purposes,
or activities. There is no property, and no post office address.

The above is relevant when you consider the next section of the
code, the reporting requirements:

http://caselaw.lp.findlaw.com/cacodes/corp/35100-35105.html

Note that these all have to be sent in, 'subscribed under oath'
by all the officers. Who, exactly, would that be?

I'll leave the constitutionality of the law to others, but think its
highly suspect.

Peter Trei










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