Another Cypherpunks Investigation?

[J.A. Terranson]

On Fri, 12 Sep 2003, Tim May wrote:

<huge snip>

> Were he in the U.S., I'd expect he'd face serious charges. Being that 
> he's in Australia, as far as I know, I doubt extradition will occur. 

I disagree (although I would not have several years ago).

The FBI has been learning to use international extradition over the last two
years or so, and are actually getting to be quite good at it from what I
hear.

> And even if he were prosecuted, by Oz or by the U.S., his various 
> articles indicate "mental disturbance" could be a winning defense, with 
> him ordered to get back on his Prozac or Zoloft or whatever.

I would dearly love to see this idiot named an "enemy combatant", if for no
other reason that to laugh my ass off.  To paraphrase both Tim *and*
Mattd: "Proffr Needs Killing" - rlmao!

> The questions being asked of Jim may have to do with the Feds making 
> the only prosecution they can make: that those passing on such threats 
> via mailing lists are somehow guilty of some crime. This is just 
> speculation on my part.

If these are indeed the types of questions being asked, I would be very
surprised.  While *anonymous* remailers are very definitely on their radar, I
cannot see any reason why a CDR node would be of interest (other than to
establish the actual delivery chain).  As someone who works closely with a
bunch of these guys, I can state with authority that the FBI is technically,
um, less than what the public thinks they are.  A LOT less, at least
technically.  Nevertheless, the guys (and gals) they hire are generally a
good cross-section of smart and educated middle classers, who are quite
capable of learning what they need to know.  I would guess that the
operational questions were just that - attempts to understand the operation
of the CDR system.

 
> If so, the case may hinge on issues of "common carrier" status. 

Highly unlikely - CCS is a concept they are all familiar with, and it quite
obviously does not apply here.

> Also, I 
> believe Congress passed a bill explicitly saying that sysops are not 
> liable for the e-mail passing through their systems...Declan will 
> likely have the latest on this.

No, I think you are referring to the side effect of the Prodigy
Decision.  Either way though, you are correct that your average sysop enjoys
some limited immunities here.

> Anyway, I'll bet good money this is the series of messages in question. 
> Nothing else I have seen either rises to this level or seems to involve 
> Pennsylvania in any significant way.

You sure there were no SPAM travel guides making outrageously prosecutable
claims that Pennsylvania was a Good Place To Visit?  <snicker>

> --Tim May
 

-- 
Yours, 
J.A. Terranson
sysadmin at mfn.org

	"Every living thing dies alone."
	Donnie Darko