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Date: Fri, 21 Sep 2001 12:53:32 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: COCL online petition to President Bush for YOU to sign,
 protecting your constitutional liberties!!
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From: Brad Jansen 
To: "'Matthew Gaylor'" 
Subject: COCL online petition to President Bush for YOU to sign, 
protecting your constitutional liberties!!
Date: Fri, 21 Sep 2001 12:10:53 -0400

Matt, your subscribers might be interested in sending a message to President
Bush defending out liberties:



>   <<...OLE_Obj...>>
>  FREE CONGRESS: ESTABLISHES ONLINE PETITION
>
>  The Free Congress Foundation's Coalition for Constitutional Liberties is
>  establishing a website with an online petition to President Bush in
>  support of our civil liberties and constitutional rights. It can be found
>  at http://www.DefendYourFreedom.org
>
>  I strongly urge Coalition members to go to the website, sign the petition
>  and forward this to everyone you know!
>
>  "After this horrendous series of attacks our new FBI Director has
>  suggested that we may have to limit some of our freedoms in order to deal
>  with terrorists. The truth is that if we further emasculate our
>  Constitution the terrorists will have achieved the greatest victory
>  imaginable. Their triumph won't just be the thousands of people they
>  killed, the triumph will be if they see our democratic institutions
>  crumble." Paul Weyrich, http://www.freecongress.org/
>
>  Free Congress Foundation thinks America is strong enough to protect our
>  freedoms and to defeat the terrorists. That is why Free Congress is
>  proudly joining the new coalition, In Defense of Freedom. We do so with
>  the desire to help President Bush and our nation's lawmakers to chart the
>  right course that ensures the terrorists and the governments that harbor
>  them will receive their just due while making sure what has always been
>  special about America remains as strong as ever.
>
>  The petition is a project of the Free Congress Foundation's Coalition for
>  Constitutional Liberties.
>  For more information on the Coalition:
>  http://www.freecongress.org/centers/technology/ccl/
>
>  To Make a Tax-Deductible Contribution to this effort, please designate
>  your contribution to the Free Congress Foundation's Coalition for
>  Constitutional Liberties. Use our safe, secure online form. Click here!
>  https://www.econtributor.net/Contribution/Contribution.cfm?AID=XDHIDOFKZFD
>  F

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Date: Fri, 21 Sep 2001 12:59:43 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: From The Archives: Israel's Answer To Eliminating Terrorism
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At 10:19 PM -0400 5/5/99, Matthew Gaylor wrote:
>ISRAEL'S ANSWER TO ELIMINATING SCHOOL TERRORISM
>Copyright by By Dr. David Th. Schiller
>P.O. Box 1363, D-56373, Nassau, Germany
>E-Mail: visier@paulparey.de
>
>The name is Dr. David Th. Schiller, currently residing in the little
>town of Nassau, 70 km northwest of Frankfurt. I work as
>editor-in-chief of VISIER, a 168-pages strong general interest gun
>magazine which I started eleven years ago in Stuttgart and which has
>now grown to be the most influential and best selling gun magazine in
>all of Europe. Of course with a gun magazine published in Germany,
>politics are at the forefront of our editorial work, and we have an
>eye toward the past.
>
>I was born in (West) Berlin in '52 in Germany, moved to Israel in '72
>and served in the Israel Defense Force's Airborne, which means I am
>now a veteran of the '73 war, the Lebanese war, and a number of
>border raids and actions in the occupied territories. Wounded in 1973
>on Suez canal, I later studied political science at West Berlin's
>Free University and mastered with a thesis on the origins of the
>Civil War in Lebanon and a Ph.D. in '82 with a work on the
>Palestinians' "love affair" with terrorism and paramilitary activity.
>When I returned to Germany in '74-'75 for studies I was called upon
>by the Berlin Police department to consult and teach their SWAT team,
>which just came into being after the Munich massacre during the
>Munich Olympics. Over the years this extended into a whole series of
>work obligations with various police departments in Germany and other
>places in the world. Due to my work in the Israel Defense Force (IDF)
>as a drill instructor and weapons specialist and through my academic
>interest, I had something to teach to these people. I also worked
>some years for the terrorism research department of Santa Monica's
>RAND Corporation, and have continued my academic pursuits.
>
>Over the years I published a number of books on shooting, police,
>terrorism, military history etc., most of these under the pseudonym
>of "Jan Boger". You probably might find a photographic journal of
>mine in English on the IDF, called "To Live in the Fire...",
>published in 1977 by the John Olson Publishing Co. in New Jersey.
>
>As you can see, I experienced violence and gun control from both ends
>of the barrel, one might say. And of course, I grew up to be a strong
>believer in the personal right to self defense, especially as I spent
>my childhood in the Berlin equivalent of the Bronx.
>
>Now for Colorado and the US gun control laws in regard to schools:
>
>Way back in 1973 - '74 I lived in a Kibbutz in Northern Israel,
>called Ramat Yochanan. During Passover week in '74 we in Galilee
>experienced the first of a number of specific PLO attacks targeting
>specifically schools and children houses, kindergartens, school buses
>and the like. It started with an infiltration in Quiriat Schmoneh on
>the Passover weekend, where the perpetrators found the school empty
>and locked (of course during the holidays!) and took over a nearby
>residential building, shooting people and in the end blowing
>themselves up. A few weeks later the worst of this series of
>incidents took place in Maalot on May 15th: Three PLO gunmen, after
>making their way through the border fence, first shot up a van load
>full of workers returning from a tobacco factory (incidentally these
>people happened to be Galilee Arabs, not Jews), then they entered the
>school compound of Maalot. First they murdered the housekeeper, his
>wife and one of their kids, then they took a whole group of nearly
>100 kids and their teachers hostage. These were staying overnight at
>the school, as they were on a hiking trip. In the end, the deadline
>ran out, and the army's special unit assaulted the building. During
>the rescue attempt, the gunmen blew their explosive charges and
>sprayed the kids with machine-gun fire. 25 people died, 66 wounded.
>
>After this a controversial debate erupted in Israel in regards to
>guns, self defense etc. We heard of course the same dumb arguments by
>some good people, you always hear on these occasions like " We do not
>live in the Wild West here!" Or: "Guns don't solve problems!" or
>similar silly things.
>
>With the help of some smart people, not the least the then
>Commander-in-Chief, Northern Command Paratroop General Raful Eytan,
>all the reservists on the settlements were issued their personal
>weapons, and whoever had a clean track record could get a concealed
>weapons permit. I for instance had and still have one.
>
>Teachers and kindergarten nurses now started to carry guns, schools
>were protected by parents (and often grandpas) guarding them in
>voluntary shifts. No school group went on a hike or trip without
>armed guards. The Police involved the citizens in a voluntary civil
>guard project "Mishmar Esrachi", which even had its own sniper teams.
>The Army's Youth Group program, "Gadna", trained 15 - 16 year old
>kids in gun safety and guard procedures and the older high schoolboys
>got involved with the Mishmar Esrachi. During one noted incident, the
>"Herzliyah Bus massacre" (March '78, hijacking of a bus, 37 dead, 76
>wounded), these youngsters were involved in the overall security
>measures in which the whole area between North Tel Aviv and the
>resort town of Herzlyiah was blocked off, manning roadblocks with the
>police, guarding schools kindergartens etc.
>
>No problems with gun safety there, as most kids in Israel grow up
>used to seeing guns on the street (in the hands of army personnel on
>leave, every soldier takes his/her gun home when on leave!). When the
>message got around to the PLO groups and a couple infiltration
>attempts failed, the attacks against schools ceased. Too much of a
>risk here: Terrorists and other evildoers don't like risks.
>
>But what does all that teach us?
>
>(A) schools/kindergartens make for very attractive targets for
>     the deranged gunman as well as for the profit-oriented
>     hostage gangsters or terrorist group, because:
>
>(1) everybody sane will cave in to the demands of the evildoers
>     (even somebody as hard-nosed as Golda Meir, may she rest in
>     peace, said during the Maalot incident, that one does not
>     make politics on the backs of one's children). Nobody wants
>     to play the principles-game when kids are involved. Kidnapping
>     has thus often resulted in the paying of ransom demands.
>
>(2) if you crave media attention, as for instance the PLO did
>     in the 70's, nothing will catch the headlines better than
>     an attack on a school-full of kids.
>
>(B) Now THAT is the underlying "reason" behind each and every
>     incident that involved killing sprees in schools... from
>     Maalot to Dunblane to Jonesboro. Only recently the French
>     had a hostage/barricade incident in a kindergarten: the
>     guy wanted money, and the French authorities solved that
>     problem very neatly with a stealth-type approach by one
>     of their special teams and a .357 bullet in the head of
>     the perpetrator, when he refused to surrender. No follow
>     up imitations occurred in France.
>
>So you do not have to be a prophet to foresee, that we will see more
>school-shooting incidents in the U.S. or other western nations, where
>media attention is focused on these things and where every incident
>is replayed second by second umpteen times on the tube, thereby
>creating in the minds of certain viewers examples to follow...
>
>Now, can we stop the media from playing out these scenarios in full
>color and gruesome details for hours and hours, again and again?
>Certainly not. We in the terrorism research field have argued for
>decades that it was exactly the media coverage that spurred more and
>each time more violent and extreme terrorist incidents. Could we stop
>the media from advertising the terrorist message? Certainly not.
>
>That is apparently one price we have to pay living in a worldwide
>infotainment society. The airplane hijackings in the 70's and 80's
>are a case in point.
>
>The only thing we can do is protect possible victims...And laws
>written in some books will not achieve that. Never have, never
>will...Enough said. I rest my case.


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From freematt@coil.com  Fri Sep 21 10:58:54 2001
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Date: Fri, 21 Sep 2001 13:10:26 -0400
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From: Matthew Gaylor 
Subject: PGP author under fire for terrorist use of crypto
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Date: Fri, 21 Sep 2001 12:57:18 -0400 (EDT)
From: Craig Phillips 
To: Matthew Gaylor 
Subject: PGP author under fire for terrorist use of crypto

Matt:

Don't know if this is of interest or not.  It appears that Phil Zimmermann
is taking heat directly over the whole crypto - terrorist thing.

Details at:



Regards

-- 
Craig...
------------------
"I wonder if other dogs think poodles are members of a weird
religious cult." --Rita Rudner

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From freematt@coil.com  Mon Sep 24 21:50:37 2001
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Date: Mon, 24 Sep 2001 23:48:05 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Hackers face life imprisonment under 'Anti-Terrorism' Act
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http://www.securityfocus.com/news/257

NEWS

Hackers face life imprisonment under 'Anti-Terrorism' Act
Justice Department proposal classifies most computer crimes as acts 
of terrorism.

By Kevin Poulsen

Sep 23 2001 11:00PM PT

Hackers, virus-writers and web site defacers would face life 
imprisonment without the possibility of parole under legislation 
proposed by the Bush Administration that would classify most computer 
crimes as acts of terrorism.

The Justice Department is urging Congress to quickly approve its 
Anti-Terrorism Act (ATA), a twenty-five page proposal that would 
expand the government's legal powers to conduct electronic 
surveillance, access business records, and detain suspected 
terrorists.

The proposal defines a list of "Federal terrorism offenses" that are 
subject to special treatment under law. The offenses include 
assassination of public officials, violence at international 
airports, some bombings and homicides, and politically-motivated 
manslaughter or torture.

[...]

To date no terrorists are known to have violated the Computer Fraud 
and Abuse Act. But several recent hacker cases would have qualified 
as "Federal terrorism offenses" under the Justice Department 
proposal, including the conviction of Patrick Gregory, a prolific web 
site defacer who called himself "MostHateD"; Kevin Mitnick, who plead 
guilty to penetrating corporate networks and downloading proprietary 
software; Jonathan "Gatsby" Bosanac, who received 18-months in 
custody for cracking telephone company computers; and Eric Burns, the 
Shoreline, Washington hacker who scrawled "Crystal, I love you" on a 
United States Information Agency web site in 1999. The 19-year-old 
was reportedly trying to impress a classmate with whom he was 
infatuated.

[...]

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Date: Tue, 25 Sep 2001 00:05:23 -0400
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From: Matthew Gaylor 
Subject: ACTION: Anti-Terrorism Act of 2001
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URGENT ACTION ALERT

The Administration's proposed Anti-Terrorism Act of 2001 is currently 
scheduled for mark-up by the House Judiciary Committee tomorrow 
(Tuesday) morning. It is critical that consideration of the 
legislation be delayed until the Committee holds comprehensive public 
hearings on the serious civil liberties issues the proposal 
implicates. The Committee is currently planning to proceed to mark-up 
after testimony only from the Attorney General and a short, informal 
"briefing" on the issues that raise constitutional concerns.

There is an urgent need for concerned organizations and individuals 
to contact members of the Judiciary Committee and urge them to delay 
consideration of the bill until its impact on civil liberties can be 
carefully and fully considered. These contacts need to be made 
IMMEDIATELY to delay tomorrow morning's scheduled mark-up.

Committee members and their contact information follows. It would be 
particularly useful if constituents of these members express their 
concern. Please forward this alert to your members, affiliated 
organizations and appropriate mailing lists.

Judiciary Committee List

Name, party, state, phone, fax, e-mail:

James Sensenbrenner, Chair, R-WI, (202) 225-5101, (202) 225-3190, 
sensen09@mail.house.gov

Henry Hyde, R-IL, (202) 225-4561, (202) 225-1166.

John Conyers Jr., D-MI, (202) 225-5126, (202) 225-0072, 
john.conyers@mail.house.gov

George Gekas, R-PA, (202) 225-4315, (202) 225-8440, askgeorge@mail.house.gov

Barney Frank, D-MA, (202) 225-5931, (202) 225-0182

Howard Coble, R-NC, (202) 225-3065, (202) 225-8611, howard.coble@mail.house.gov

Howard Berman, D-CA, (202) 225-4695, (202) 225-3196, 
Howard.Berman@mail.house.gov

Lamar Smith, R-TX, (202) 225-4236, (202) 225-8628

Rick Boucher, D-VA, (202) 225-3861, (202) 225-0442, ninthnet@mail.house.gov

Elton Gallegly, R-CA, (202) 225-5811, (202) 225-1100

Jerrold Nadler, D-NY, (202) 225-5635, (202) 225-6923, 
jerrold.nadler@mail.house.gov

Bob Goodlatte, R-VA, (202) 225-5431, (202) 225-9681, talk2bob@mail.house.gov

Bobby Scott, D-VA, (202) 225-8351, (202) 225-8354

Steve Chabot, R-OH, (202) 225-2216, (202) 225-3012

Mel Watt, D-NC, (202) 225-1510, (202) 225-1512, nc12.public@mail.house.gov

Bob Barr, R-GA, (202) 225-2931, (202) 225-2944, barr.ga@mail.house.gov

Zoe Lofgren, D-CA, (202) 225-3072, (202) 225-3336, zoe@lofgren.house.gov

William Jenkins, R-TN, (202) 225-6356, (202) 225-5714

Sheila Jackson Lee, D-TX, (202) 225-3816, (202) 225-3317, tx18@lee.house.gov

Christopher Cannon, R-UT, (202) 225-7751, (202) 225-5629, 
cannon.ut03@mail.house.gov

Maxine Waters, D-CA, (202) 225-2201, (202) 225-7854

Lindsey Graham, R-SC, (202) 225-5301, (202) 225-3216

Marty Meehan, D-MA, (202) 225-3411, (202) 226-0771, 
martin.meehan@mail.house.gov

Spencer Bachus, R-AL, (202) 225-4921, (202) 225-2082

William Delahunt, D-MA, (202) 225-3111, (202) 225-5658, 
william.delahunt@mail.house.gov

John Hostettler, R-IN, (202) 225-4636, (202) 225-3284, 
john.hostettler@mail.house.gov

Robert Wexler, D-FL, (202) 225-3001, (202) 225-5974

Mark Green, R-WI, (202) 225-5665, (202) 225-5729, mark.green@mail.house.gov

Tammy Baldwin, D-W, (202) 225-2906, (202) 225-6942, 
tammy.baldwin@mail.house.gov

Ric Keller, R-FL, (202) 225-2176, (202) 225-0999

Anthony David Weiner, D-NY, (202) 225-6616, (202) 226-7253

Darrell Issa, R-CA, (202) 225-3906, (202) 225-3303

Adam Schiff, D-CA, (202) 225-4176, (202) 225-5828

Melissa Hart, R-PA, (202) 225-2565, (202) 226-2274, melissa.hart@mail.house.gov

Jeff Flake, R-AZ, (202) 225-2635, (202) 226-4386

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Date: Tue, 25 Sep 2001 00:16:26 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: How The Feds Misrepresented Anti-Privacy Provisions of 1994 Law
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HOW THE FEDS MISREPRESENTED ANTI-PRIVACY PROVISIONS OF 1994 LAW

Congress is now contemplating passage of the Mobilization Against
Terrorism Act, which would (among other things) expand government
wiretapping and eavesdropping powers.

Unknown to most Americans, however, is that Congress had already
given law enforcement authorities broad powers to expand electronic
surveillance in the 1994 Communications Assistance for Law
Enforcement Act (CALEA), according to political economist Charlotte
Twight in the fall 2001 issue of THE INDEPENDENT REVIEW.

Among other powers, the CALEA gave the Federal Bureau of
Investigation authority to track the physical location of cell phone
users and to obtain the content of private communications in a
variety of circumstances without a probable-cause warrant. Yet when
testifying to Congress about the proposed CALEA, the FBI's
then-director Louis Freeh repeatedly claimed that CALEA would confer
no new authority on law enforcement officials, provide no information
about the physical location of cellular phone calls, and not weaken
existing privacy protections.

The CALEA episode, argues Twight, demonstrates that Congress is no
match for crafty machinations of bureaucrats expert in masking their
true intentions by hamstringing Congress's ability to understand the
meaning of new legislation -- what Twight calls an example of the
manipulation of "political transaction costs," such as the cost of
understanding the details of legislation.

"The confluence of CALEA, federally mandated electronic databases of
personal information, Carnivore, Digital Storm, Echelon, and the like
have established a web of federal surveillance never before known in
the United States," writes Twight.

"One way or another, we will soon learn that the
resistance-inhibiting power of broad-based government surveillance is
potentially the most liberty-endangering form of political
transaction-cost manipulation confronting Americans -- and
freedom-loving people everywhere -- in the new millennium."

See "Conning Congress: Privacy and the 1994 Communications Assistance
for Law Enforcement Act" by Charlotte Twight (THE INDEPENDENT REVIEW,
Fall 2001), at
.

Also see, "Watching You: Systematic Federal Surveillance of Ordinary
Americans" by Charlotte Twight (THE INDEPENDENT REVIEW, Fall 1999),
at .

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Date: Tue, 25 Sep 2001 00:10:45 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Re: Why Liberty Suffers in Wartime By Declan McCullagh
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Date: Mon, 24 Sep 2001 15:29:49 -0700
To: Matthew Gaylor 
From: Jim Warren 
Subject: Re: Why Liberty Suffers in Wartime By Declan McCullagh

>Consider this: During all of America's major wars -- the Civil War, 
>World War I and World War II -- the government restricted Americans' 
>civil liberties in the name of quelling dissent, silencing criticism 
>of political decisions and preserving national security.

So did Hitler's Germany, Stalin's Soviet Union, Mao's China, the 
American puppet-Shah's Iran, etc.  So what's new?

The only thing that would be new and novel -- and worthy of applause 
-- would be if those in power in the US government did *not* trash 
our civil liberties.

As Congress and the White Haus are stampeding forward to do so, let 
us note how MUCH damage and harm three little airplanes are doing, 
NOW!, to US citizens and everything that the United States is 
*supposed* to stand for ... including its disregard for our 
Constitution.

E.g., "The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized." 
[4th Amendment]

Apparently, our papers and effects no longer include our [computer] 
files or [digital] messages.  Or maybe surveilling/searching all 
communications is no longer unreasonable.  Or perhaps three planes 
have provided the probable cause to spy on anyone and everyone the 
government choose -- and the oath or affirmation is no more than the 
permission granted by Congress.

King George use surely be applauding.  (Same for Adolf, Josef, Mao 
... and *certainly* Hussein, bin Laden and Kadafi!  They WON!)

--jim


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     ==============================================================
     Volume 8.18                                 September 24, 2001
     --------------------------------------------------------------

                              Published by the
                Electronic Privacy Information Center (EPIC)
                              Washington, D.C.

               http://www.epic.org/alert/EPIC_Alert_8.18.html

=======================================================================
Special EPIC Alert
=======================================================================

In the days following September 11, Congress moved quickly to show
support for the President and granted him certain authority to pursue
military matters on behalf of the country.  Congress then worked to
provide financial support for rebuilding after the tragedy.  Then
Congress acted to improve airline safety, ensure aid to the airline
industry, and begin to restore American confidence in air travel.

Now it may be appropriate for Congress to take a breath before it
tackles the subjects contained in the various bills that will be
circulating on Capitol Hill this week.  Unlike the earlier measures
that responded to the immediate crisis, the topics under consideration
this week -- immigration policy, criminal law, electronic
surveillance, and intelligence gathering -- sweep broadly into other
areas and run the risk, particularly at this point in time, of
chipping away rights that safeguard all Americans

In the area of electronic surveillance, Congress should proceed
particularly carefully.  There are now a mix of provisions that, if
taken together, would allow more people in government to monitor more
electronic communications of Americans for more reasons under a lower
legal standard than is currently permitted under law.  And this new
statutory authority would be broadly exercised in cases completely
unrelated to terrorism.

So, for example, the police could now use "Carnivore" to routinely
capture clickstream data from Internet users -- including the web
sites visited and the pages downloaded -- under the same low standards
that currently permit government access to telephone numbers dialed.
Another provision would significantly expand the use of electronic
surveillance for computer crime investigations.  Still another makes
it easier to seize voicemail.

It may be appropriate for Congress to act on a few matters quickly --
improving border security and ensuring adequate resources for
translation and interpretation -- but the vast majority of legislative
recommendations now being faxed around Washington create sweeping
surveillance authority without justification.  The adoption now of any
new law enforcement powers unrelated to the investigation and
prevention of terrorist acts should be opposed.


Marc Rotenberg
Electronic Privacy Information Center

-----------------------------------------------------------------------

"But, in a time of widespread anxiety, it is harder to fend off the
siren song of fear sung by those who would have us trade in a little
liberty for a little more safety.  There is no such thing as a little
liberty.  Before you know it, you don't have any, and America is no
longer the shining beacon of equality and freedom that terrorists
loathe."

      --Atlanta Journal and Constitution, September 16, 2001
 
http://www.accessatlanta.com/ajc/epaper/editions/sunday/opinion_b34a14 
6ad10661f10008.html


"Last week's terrorist attacks caught the United States painfully
unprepared.  Whether the carnage was preventable or not, this tragedy
-- and the glaring intelligence failures that let it happen -- must
not be used as a pretext for measures that endanger the fundamental
freedoms that are our birthright.  Yes, tough and pragmatic laws are
needed to prevent terrorism and espionage.  And that should include
keeping closer tabs on visitors to our country.  But terrorism will
have won if those laws unnecessarily fetter the fundamental civil
liberties that have distinguished the United States from the rest of
the world."

      --Baltimore Sun, September 19, 2001
      http://www.baltimoresun.com/


"There is general acknowledgement that society's delicate balance
between freedom and security will tip toward greater security at the
expense of individual liberties.  But the exact spot along that
continuum where Americans will tolerate restrictions on their freedoms
-- and where they will resist -- has not yet been located.  Vigilance
will be needed to make sure that the precious freedoms central to the
American idea are not eroded by equally necessary new safety
precautions."

      --Boston Globe, September 20, 2001
      http://www.boston.com/globe/


"The true measure of the effectiveness of this attack by a shadowy,
hate-filled enemy will lie in how we reassess ourselves and our place
in the world, and how we redefine, as inevitably we will, the balance
between individual liberty and collective, national security.  If we
lose our liberties in the name of safety, the terrorists will have
won.  That cannot, must not, happen."

      --The Buffalo News, September 16, 2001
      http://www.buffalonews.com/editorial/20010916/1028304.asp


"[C]ivil libertarians have good reason to be wary of proposals to
expand the government's power to go after suspected terrorists.  In
wartime, some people consider basic rights a luxury we can do without.
. . . At times like this, any ideas to help law enforcement against
terrorists deserve consideration--and careful inspection to ensure
that they will hamper our enemies more than they will hurt our
liberties."

      --Chicago Tribune, September 20, 2001
 
http://www.chicagotribune.com/news/opinion/chi-0109200048sep20.story?c 
oll=chi%2Dnewsopinion%2Dhed


"[T]he terror attack unleashed on America must not become an excuse
for suspending basic American principles and values. . . . Special
care should be taken to ensure that ethnic profiling of people of Arab
or South Asian background is used judiciously and sparingly by
law-enforcement officials.  The hunt for suspected terrorists or
terrorist sympathizers can't justify a descent into unjust police
methods.  Wars sometimes occasion a lapse in democratic processes, and
the situation following the Sept. 11 attacks is being characterized as
'war.'  This must not mean a lapse in basic civil liberties, or in the
civility with which all people are treated in the US."

      --Christian Science Monitor, September 18, 2001
      http://www.csmonitor.com/2001/0918/p8s1-comv.html


"Although more value does need to be placed on low-tech human
intelligence gathering, other tools of eavesdropping need to be used
while balancing the civil liberties of Americans.  Proposals to grant
intelligence agencies more latitude need to be revisited and debated."

      --Dallas Morning News, September 17, 2001
      http://www.dallasnews.com/


"[A] frightful picture is emerging.  It seems that American leadership
has resolved the tension between security and freedom by giving
security the priority.  Without a debate over how far we can
jeopardize our freedom in pursuit of security, we seem to be inclined
toward doing whatever it takes to feel safer. . . . Imagine being
stopped by a police officer for speeding and when he asks you for your
ID, you reveal not only your name and address but also your religion,
your ethnic and national origin, your financial record, and police or
immigration record if any.  This is not only a form of profiling but
also an invitation for discrimination.  The smart cards, if
implemented, would be the end of privacy. . . . We must act now.  I
invite all who are concerned about our freedoms and the quality of our
civil society to let Washington know our concerns now."

      --Detroit Free Press, September 18, 2001
      http://www.freep.com/voices/columnists/ekhan18_20010918.htm


"Historically, it has been at times of inflamed passions and national
anger that our civil liberties proved to be at greatest risk, and the
unpopular group of the moment was subject to prejudice and deprivation
of liberty."

      --Detroit News, September 21, 2001
      http://detnews.com/


"[W]e must uphold our values and protect our constitutional rights.
While retaliating for last week's attacks and upgrading our
intelligence and national security, we must be sure to maintain the
important principles - of civil liberty, ethnic and religious
tolerance, and freedom of expression - that are the foundation and
strength of our nation.  If we allow terrorists to alter our values or
way of life, we hand them a victory."

      --Indianapolis Star, September 16, 2001
      http://www.indystar.org/


"It is one thing to pass emergency legislation; quite another to make
it a permanent part of our law.  Any congressional enactment should
come with a sunset provision, requiring the law to lapse after two
years unless it is reenacted.  During the interim, Congress should
create a bipartisan commission to consider the fundamental questions
at stake.  Then, we can consider more permanent legislation after the
initial panic has subsided.  We have used similar devices in the past.
. . . This time, our tradition of civil liberties is being placed at
risk, and there are special reasons that make a sunset provision even
more appropriate.  The most obvious is the rush with which the
legislation is being pushed through Congress. . . . The rise of
terrorism undoubtedly requires a serious debate over the proper
balance between liberty and security in the 21st century.  But
Congress should not provide permanent answers when we have not even
begun to ask the right questions."

      --Los Angeles Times, September 20, 2001
      http://www.latimes.com/news/opinion/la-092001ackerman.story


"Do Americans really think well of the 'whatever-it-takes' battle cry?
They shouldn't.  There are all sorts of 'whatevers' this country could
but shouldn't embrace to fight terrorism.  It could unleash police to
search apartment blocks where immigrants are known to live -- hoping
to root out a terrorist needle in the haystack.  It could scrap the
rule that suspects be told of their rights to a lawyer and to remain
silent -- hoping that hapless confessions of terror plots will follow.
It could jail suspicious foreigners for weeks -- hoping that
incriminating evidence might eventually show up.  Many Americans
recoil at the thought of such blunt tactics, even if they can't say
why.  They sense something un-American about combating terrorism by
scrapping the rule of law.  They see the folly of defending the land
of the free by shrinking its freedoms. . . . Even if Congress
subscribes to the 'whatever-it-takes' philosophy, it's not clear this
[recently introduced] legislation should pass.  The White House has
made no case that existing law enabled last week's attack or hindered
the ensuing investigation.  Nor has it established that squelching
civil liberties is a wise response to the threat of terror.  In truth,
forsaking American freedom is precisely the wrong answer to the fear
terrorists sow.  It gives them the victory they seek.  It flouts an
article of American faith: that just as some sacrifices must be made
in safety's name, others must never be made."

      --Minneapolis Star Tribune, September 21, 2001
      http://www.startribune.com/stories/1519/703260.html


"[O]ur constitutional freedoms may be about to face their most
serious test in several generations.  We can't protect ourselves from
suicide bombers by blindly surrendering our liberty.  To do so would
only ensure the victory of fanaticism."

      --The New Republic, September 24, 2001
      http://www.thenewrepublic.com/


"There must be an exacting examination of how the country can face
this threat without sacrificing its liberties. . . . Americans must
rethink how to safeguard the country without bartering away the rights
and privileges of the free society that we are defending.  The
temptation will be great in the days ahead to write draconian new laws
that give law enforcement agencies - or even military forces - a right
to undermine the civil liberties that shape the character of the
United States.  President Bush and Congress must carefully balance the
need for heightened security with the need to protect the
constitutional rights of Americans.  That includes Americans of
Islamic descent, who could now easily became the target for another
period of American xenophobia and ethnic discrimination."

      --New York Times, September 12, 2001
      http://www.nytimes.com/2001/09/12/opinion/12WED2.html


"If the idea takes root that civil liberties should not be permitted
to stand in the way of a war on terrorism, at what point do security
measures start to corrode the very society they are designed to
protect? . . . [it has been said that] Americans would accept neither
identity cards, so reminiscent of the domestic passports that people
associate with totalitarian states, nor the common European practice
of closing a street at both ends and checking everyone there for
immigration violations.  Where does a democratic society draw the
line?"

      --New York Times (Associated Press), September 16, 2001
      http://www.nytimes.com/2001/09/16/weekinreview/16GREE.html?pagewanted=2


"Unshackling the nation's intelligence agencies will be a more complex
task, not least because it will run into a dilemma: At what point will
the government's powers of investigation and security expand so much
that they begin to erode the civil rights defining a free society -
giving terrorists a moral victory?  The balance between security and
freedom is delicate and hard to restore when collective fear tips it
toward greater government control."

      --Newsday (New York, NY), September 18, 2001
      http://www.newsday.com/


"[T]he United States Senate already has acted precipitately, passing
legislation Thursday evening that enables the FBI to obtain warrants
for electronic surveillance of e-mail and other computer
communications more easily.  That initiative, which may result in
severe abrogations of individual rights, is probably the harbinger of
a wave of new restrictions and invasions by government. . . . [B]efore
we assent to any such infringements, we ought to consider how little
has been done to ensure our safety without affronting the
Constitution. . . . Nobody's freedom, for instance, would be harmed by
sealing the pilot's cabin against intruders well before takeoff, or by
installing signal devices that would instantly alert authorities to a
crime in progress. . . . Our leaders never tire of telling us that
America is the wealthiest, most technologically advanced nation in the
history of the world, as well as the most free.  Now is the time to
tell them that we can afford to protect our people and our territory
without undermining our freedom."

      --Salon.com, September 14, 2001
      http://www.salon.com/news/col/cona/2001/09/14/rights/


"If we sacrifice our civil liberties the terrorists will have won.  We
must [act] in a way that preserves our civil liberties.  It can be
done."

      --San Diego Union-Tribune, September 16, 2001
      http://www.uniontrib.com/


"In the heat of rightful, red-hot anger, this country may take actions
it will later regret.  Congress is weighing a terrorist surveillance
package that clashes with personal liberty and encroaches on some of
our fundamental rights.  This country is eager to move fast and hard
in response to the murderous attacks in New York and Washington.  No
question, payback is due for the deaths and destruction, and this
newspaper supports a sustained and focused campaign to hunt down the
culprits.  Yet members of Congress must keep their heads in this
moment of frustration and outrage.  They need to ask tough questions
about each proposed expansion of law-enforcement powers.  They need to
realize that the U.S. Constitution is worth defending too."

      --San Francisco Chronicle, September 19, 2001
      http://www.sfchron.com/


"To ensure that America's freedom remains strong, Congress should set
aside partisan bickering to help the president track down terrorists.
. . . Likewise, members of the Senate and House need to keep Bush's
words fresh in their minds when considering proposals to reduce
security threats.  The constitutional and privacy protections of
law-abiding citizens ought not to be swept aside because of overly
broad or hastily adopted new laws.  The country may need new laws to
help federal agents fight well-organized, tech-savvy terrorists.  But
in the heartbreak over these evil deeds, lawmakers must take time to
discuss any actions limiting the freedoms that distinguish America."

      --San Jose Mercury News, September 16, 2001
      http://www0.mercurycenter.com/premium/opinion/edit/082562.htm


"'In a democracy, dissent is an act of faith.  Like medicine, the test
of its value is not in its taste, but its effects.'"  I hope President
Bush, his inner circle and the members of Congress keep hearing
Fulbright's words echoing down the corridors now filled with
policy-making under duress.  There must be room for constructive
questioning, even as those entrusted with grave decisions push quickly
to meet the national emergencies in this chilling autumn of 2001.
Witness, please, the rich potential to shape consensus without
abrogating basic democratic rights as Congress and the administration
work though the Bush administration's anti-terrorism proposals. . . .
Concurrent with Ashcroft's proposals, key lawmakers have acknowledged
that legislating in haste can be cause for irreparable damage to the
very rights with which America defines itself.  Unlike the sudden,
transcendent disregard for budgets and the social programs that seemed
essential two weeks ago, the regard is high for protecting both
national security and the rights we enjoy as free people. . . . Just
powers are derived from the consent of the governed, whether in time
of war or peace."

      --St. Paul Pioneer Press, September 21, 2001
      http://www.pioneerplanet.com/opinion/ocl_docs/139821.htm


"If we are to win the war against terrorism, we will need to employ
new weapons.  Nevertheless, Congress must proceed very carefully as it
considers Attorney General John Ashcroft's sweeping proposals.  Moving
too hastily or going too far could result in unwarranted curbs on
constitutional liberties."

      --Sun-Sentinel (Fort Lauderdale, FL), September 21, 2001
      http://www.sun-sentinel.com/


"Celebrating the openness of our society, and its ability to
accommodate diversity without constantly coming to blows, is more
important now than ever.  This is what the terrorists who have been
implicated in Tuesday's attacks do not understand about America, and
this is why they have chosen to attack us."

      --The Times-Picayune (New Orleans), September 16, 2001
      http://www.timespicayune.com/


"Essential questions confront us, such as the degree of liberties we
will be willing to surrender in the name of security.  The answers
will not come quickly or in unanimity.  These rough roads ahead should
not be overlooked in the initial closing of ranks around President
Bush. But this struggle is what separates democracy from the world of
suicidal zealots."

      --USA Today, September 21, 2001
      http://www.usatoday.com/news/e98/raasch/r110.htm


"This is complex legislation that, as Mr. Ashcroft himself has noted,
would affect civil liberties as well as law enforcement.  The purpose
should be not to rush and rubber-stamp but to get the balance right.
That's particularly true of the proposals that would infringe on
traditional liberties."

      --Washington Post, September 20, 2001
      http://www.washingtonpost.com/


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    ---------------------- END EPIC Alert 8.18 -----------------------

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Subject: Portland Orgonian On Choose Freedom, Not Fear By Marie Botchie
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Date: Mon, 24 Sep 2001 21:27:02 -0700
To: freematt@coil.com
From: Doug Spittler 

Greetings, Matt;
See below an article publish by the Portland Orgonian, authored by 
Marie Botchie. The "Doug" referred to is me. I asked her for 
permission to post to some other lists. If you think it's appropriate 
to yours, please do so. (The "...reading to do." is in part some of 
your posts I thought she might be interested in...)

Regards,
Doug.
------------------------------------------

Doug,

Thank you for all that information.  I have some reading to do.  :)

Here is the web site I was referring to and a copy of my original 
article:  The web site is just my article posted on-line by the 
Oregonian.

Have a great day and thanks again.

Take care!




  Choose Freedom, Not Fear

Today, in the aftermath of a horror unimaginable in our lifetime, I 
am reminded of the impact fear has on us and how we react.

Daily we are barraged with information through the media, be it 
television, radio, or the Internet that instills fear:  "Gunman 
attacks at local high school", "Aids at an all time high", or  "Ten 
dead in multi-car pile up on highway".  It is endless, and a constant 
reminder to us all how fragile life is, and we are afraid.

Because of our fears, we have allowed laws to pass that govern our 
individual choices: Helmet laws, seatbelt laws, gun laws, drug laws, 
parenting laws, and the list goes on.  Instead of holding the 
irresponsible accountable for their actions, we have decided to 
punish the majority.  The "Powers That Be" use fear to get us to 
succumb to their ideals, and we allow it because we are afraid of the 
actions of others and the losses we may incur.  Fear is a powerful 
way to control people and has been used through out history to take 
control of the masses under the pretext of being for "our own good".

On September 11th, 2001, when the unthinkable happened here in the 
United States, it added new fears to our list of many.  New laws will 
be passed, more freedoms removed, and our lives here in the United 
States, if not world wide, will be altered forever.  It saddens me to 
think that instead of dying for the cause of freedom, as thousands 
upon thousands have in the past before them, the victims of this 
atrocity will be lost at the expense of it.

I bring this up now, only because American's are at their finest in a 
time of crisis.  We are true to ourselves, true to each other, and 
braver then ever.  Today we are strong, involved, and active in our 
country and community.  We are united in a cause far more powerful 
than our own personal needs.  We can see outside of our individual 
boxes and feel the pain of those around us.  Today we have a voice! 
Today we care about more than ourselves.

Please don't let this tragedy change the foundation for which America 
is based on.  Don't let the lives of so many be lost in vain.  We are 
united in this great nationŠuse this time of sadness and unity to 
make our country more powerful than ever by giving back the power to 
the people as individuals.  Trust in yourselves to make the right 
choices, trust in your neighbors to do the right things.  Goodness 
surrounds us.  You can see it in the heroic efforts of so many men 
and women today, you can feel it in others as you pass them on the 
street, despite the horror of such evil.

We do not need to save ourselves from each other.  We need to embrace 
our differences and grow from them.  What will keep us safe is zero 
tolerance to the wrong doings of the few.  Hold individuals 
accountable and keep the rest of us free!

Marie Botchie

September 12, 2001

Vernonia, Oregon

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Date: Mon, 24 Sep 2001 11:47:53 -0700
To: declan@well.com
From: David Theroux 
Subject: Re: FC: Why liberty suffers during wartime -- a historical view

Dear Declan,

Excellent piece!

As you may well know, the major book on this subject is by our senior 
fellow Robert Higgs, CRISIS AND LEVIATHAN: Critical Episodes in the 
Growth of American Government (Oxford University Press):
http://liberty-tree.org/ltn/crisis-and-leviathan.html

Here is an excellent article by Dr. Higgs on the subject, "How War 
Amplified Federal Power in the Twentieth Century":
http://www.independent.org/tii/news/990700Higgs.html

Here also is a new interview of Dr. Higgs:
http://reason.com/ml/ml092001.html

As for your points about the U.S. Civil War as the precedent for what 
lead to the 20th Century's giant leaps into national security 
statism, you might find the following of interest:

"The Civil War: Liberty and American Leviathan," with Henry E. Mayer 
and Jeffrey Rogers Hummel:
http://www.independent.org/tii/forums/991117ipfTrans.html

"The Great Centralizer: Abraham Lincoln and the War between the 
States," by Thomas J. DiLorenzo:
http://independent.org/tii/content/pubs/review/TIR32_dilorenzo.html

Emancipating Slaves, Enslaving Free Men: A History of the American 
Civil War, by Jeffrey Rogers Hummel, reviewed by Stanley L. Engerman:
http://independent.org/tii/content/pubs/review/books/TIR21_Hummel.html

Best regards,

David
David J. Theroux
Founder and President
The Independent Institute
100 Swan Way
Oakland, CA 94621-1428
510-632-1366 Phone
510-568-6040 Fax
DTheroux@independent.org
http://www.independent.org

>http://www.wired.com/news/politics/0,1283,47051,00.html
>
>    Why Liberty Suffers in War Time
>    By Declan McCullagh (declan@wired.com)
>    2:00 a.m. Sep. 24, 2001 PDT
>
>    WASHINGTON -- Anyone worried about the fate of civil liberties during
>    the U.S. government's growing war on terrorism might want to consider
>    this Latin maxim: Inter arma silent leges.
>
>    It means, "In time of war the laws are silent," and it encapsulates
>    the supremacy of security over liberty that typically accompanies
>    national emergencies.
>
>    Consider this: During all of America's major wars -- the Civil War,
>    World War I and World War II -- the U.S. government restricted
>    Americans' civil liberties in the name of quelling dissent, silencing
>    criticism of political decisions and preserving national security.
>
>    [...]




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Date: Tue, 25 Sep 2001 13:01:02 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Homeland Security Tom Ridge's Pathetic Record on Firearms & Rights
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[Note from Matthew Gaylor:  This is an analysis of Pennsylvanian 
Governor Tom Ridge's record from 1998 compiled by the Allegheny 
County Sportsmen's League, Inc. and several other Pennsylvanian civil 
rights groups.  Thanks to Roy Pittman  
President, Pennsylvania Gun Owner's Association for providing the 
information and for mentioning that Gov. Ridge while serving as the 
Congressman from the 21st District in Pennsylvania was yet another 
Republican sellout who voted for the 1994 crime bill which 
criminalized high-capacity gun magazines.]


  

Firearms Owners Against Crime (FOAC'S) ANALYSIS OF THE RIDGE RECORD 
ON FIREARMS AND RIGHTS


1.	ACT 17 of 1995 (S.S.H.B. 110) is the result of Ridge's 
Special Session on Crime. The focus was on increasing the regulatory 
burden for firearms purchase, ownership and, in some cases, use. The 
result has been a virtual breeding ground for slipshod, biased and 
politically expedient prosecutions.

 
2.	Mental Health Statutes- For the 1st time ever, an evaluation 
(which can be instituted by virtually anyone) by medical 
professionals can result in the permanent loss of constitutional 
rights. Due process protections, already weakened by inadequate 
enforcement of law, have now been virtually eliminated. Consider the 
following personal tragedy: See the attached statement of Mr. Russell 
Laing

3.	Conference of the States (S.R. 12) This effort was a thinly 
veiled attempt to REPLACE our current FEDERAL Constitution. The goals 
were "fundamental, structural and long term reforms." This Initiative 
was conducted in conjunction with the Council of State Governments, 
in ALL 50 State Legislatures, utilizing formal resolutions with a 
simple majority of States as the goal. Florida Law Professors Steven 
Gey, John & Ashley Frost and Nat Stern described this as a "Šrecipe 
for a constitutional crisis, and the destabilizing effects of such a 
crisis would reach into every aspect of our political, legal, and 
economic life." Ridge lobbied hard for this legislation and for the 
conference to take place in historic Philadelphia.

 
4.	States Rights and Federal Cops (S.B. 75) This legislation 
would have given Federal Law Enforcement, all 57 AGENCIES, the 
ability to enforce ALL PA laws with immunity from either criminal or 
civil liability. Additionaly there are no requirements for training 
in Pennsylvania law. As has been repeatedly demonstrated around our 
nation, most recently in Elizabethtown, Federal law Enforcement 
operates, at times, outside the law. In the Elizabethtown PA 
incident, FBI Agents on a training mission for terrorist incidents 
seized a car of teenagers who just happened to be driving down the 
street. In the process of this dynamic seizure the agents caused 
several car accidents, dragged the children from the car and held 
them at gunpoint for a period of time. This action caused outrage 
among the local citizens and media when the Agents were not held 
accountable for their actions and even tried to intimidate the media 
to prevent coverage of the incident. When officials fail to respond 
to correct these abuses by law enforcement, their only recourse is 
through tort action in civil court. Something Tom Ridge tried to 
eliminate via Senate Bill 75.

.
5.	Firearms Registration in PA is illegal. However, in 1995 the 
City of Pittsburgh and the U.S. Justice Dept. attempted to create a 
registry of all gun owners in Pennsylvania's 4th, 12th, 14th, 18th, 
20th congressional districts. This registry would be tied to a 
geographical interface system so that the locations of gun owners 
either as a whole or by specific query could be displayed on computer 
generated maps. The Allegheny County Sportsmen's League sued to put 
an end to this effort. The Allegheny County Court of Common Pleas 
found that this project was illegal under Pennsylvania law and order 
the City and their consultants to cease and desist. The City 
continues to appeal the previous decision. Although amendments to ACT 
17, proposed by the ACSL, were enacted into Law as Act 66, make it a 
criminal offense to create such a registry, the Ridge administration 
has REFUSES to enforce this provision of the law.

 
6.	Bait & Switch - Gov. Ridge has diverted funds from useful but 
low visibility projects to high visibility, "politically correct" 
projects. For instance, the criminal records database in Pennsylvania 
needs to be modernized and updated. Provisions of the Brady Bill made 
$2,000,000 available for that purpose. Instead, Governor Ridge 
created a new specialized "Domestic Violence Database." Ironically, 
80% of domestic abuse cases would have been included in the general 
database. The Pennsylvania state Police continue to suffer with a 
communications system so antiquated and unreliable that officers have 
taken to using cell phones to call for backup. However, the Ridge 
administration has the manpower to institute a communications and 
real time record keeping system for law abiding purchasers of 
firearms.

 
7.	(Questionable Ethics - Act 17 requires ALL firearms 
transactions to take place in a dealer's place of business. Gun Buy 
Back programs violate this law. The Ridge administration has allowed 
these media spectacles to go unchallenged. Yet, throughout this 
state, average citizens are being swallowed up by politically correct 
prosecutions. Consider, John Heidler, a 60% disabled Vietnam Veteran, 
has been found guilty of violating Sec. 912 of State law. His crime 
was the lawful, licensed carrying of a firearm when picking up his 
son from school. Mr. Heidler relies on a firearm to defend himself, 
and his family, because of his disability. Where is this 
administration's concern for Justice?

Gun Owner - Themes for the Pennsylvania Governor's Race


*	Ridge has deceived the gun owners throughout his career. 
While in Congress, he intentionally voted for the Semi-Auto gun ban. 
This was one of only two votes, not counting procedural votes, he had 
on the gun issue his last term in Congress.

*	As Governor, he has initiated the most striking 
anti-individual rights campaign in history. He has attacked almost 
every amendment in the Bill of Rights in the U.S. Constitution as 
well as the Declaration of Rights in the Pennsylvania Constitution. 
Consider his legislative agenda:

 
*	ACT 17 - This anti-gun legislation was supported and 
initiated at the request of the governor. It represented a 
significant change in tactics for the gun control crowd. Instead of 
banning specific guns, it created a whole new class of criminal 
activity including many non-violent or technical offenses that would 
result in the loss of gun ownership rights. This is the same tactic 
used by Hitler in Germany. As passed:

1.	Act 17 established an instant check system with a State 
Transaction fee ($3 at present but will be reviewed in five years) 
and an authorized Dealer Transaction Fee ($2).


2.	Can allow the police to require dealers to lock their guns in 
a vault at the end of each business day.


3.	Requires that ALL HANDGUN sales (except maybe those via 
parent and child) be sent through the instant check system.


4.	Makes the seller of any firearm criminally and civilly 
responsible if the gun is used in a crime. If the gun was sold 
through a dealer and RECORDED in the STATE POLICE COMPUTER SYSTEM 
then that is proof the seller is not criminally liable. However, 
there is no mention of removing civil liability from the seller. This 
essentially bans the private sale of guns.


5.	Created a restricted fund for deposit of the $3 per gun sales 
fee. Other legislation being introduced will allow anti-gun groups to 
use this fund for "gun-violence education programs" in our local 
schools.


Denies DUE PROCESS by allowing ANY MENTAL HEALTH CARE PROFESSIONAL 
(this includes psychiatrists, social workers, psychiatric nurses) to 
declare an individual a threat to themselves or others. That 
individual will then have all their guns confiscated and will be 
banned from owning or purchasing any gun in the future. The mental 
health professional making such claims are given immunity from any 
liability for any mistakes they may make. (This was modified in later 
legislation so that anyone served with an ACT 302 mental health 
commitment would have their guns confiscated without reimbursement. 
An ACT 302 is an observational period in a hospital to determine if a 
person is mentally competent. Just that fact that they were observed 
denies them a basic right without judicial review. Even if they are 
released and judged competent they are still denied gun ownership. 
This is the current law as of 1/1/1998)

Turns a paperwork offense into a felony. Carrying a concealed weapon 
without a valid carry permit (expired, etc) has been moved from a 
misdemeanor to a felony. However, not having a carry permit at all 
and carrying a concealed weapon is just a misdemeanor! (A correction 
was made in 1997, almost three years after ACT 17 passed, however 
this penalty is still a misdemeanor 1,which still disqualifies a 
citizen from ever owning firearm.)

 Supposedly this bill does not allow gun registration. However the 
record of sale and instant background check sent to the State Police 
Computer contains the buyers Name, Address, Phone Number, SSN and the 
type of GUN purchased including make, model, and Serial Number.

Any weapon that launches a projectile by the expansion of a gas (i.e. 
BB guns and pellet guns) are classified as firearms.


*	Senate Bill #75, Special Session No.1 (printer's No. 97) 
introduced by Senators Salvatore, Lemmond, Fisher, Bell and 
Andrezeski. Although this bill did not pass it further illustrates 
the Ridge Agenda. It would have allowed any FEDERAL AGENT authorized 
by the federal government to carry a firearm (FBI, BATF, IRS, Park 
Ranger, Postal Inspector, etc) to enforce PENNSYLVANIA LAWS down to 
the summary offense level. In addition they would have been given 
immunity both criminal and civil for any actions they took while 
enforcing those laws. This means that they could have enforced any 
state or local law down to, but not including, parking and speeding 
tickets. This bill essentially federalized all state and local laws 
(felonies and misdemeanors).


*	Senate Bill #806, Regular Session of 1995 (printer's No. 855) 
introduced by Melissa Hart, et. al. would amend the state 
constitution to relax the state limitations on search and seizure. It 
makes the State Constitutions provisions on search and seizure in 
conformity with the fourth amendment to the federal constitution as 
interpreted by the United States Supreme Court. Presently the State 
Constitution is more restrictive on search and seizure than the 
Federal Constitution. This also may apply to the definitions of the 
taking of property for civil purposes as well as criminal activity. 
In essence this bill if passed would have deleted Section 8 of the 
Declaration of Rights in the Pennsylvania Constitution.


*	Right of the victim to be confronted by the accuser - In 1996 
or 1997 the Pennsylvania Constitution was changed to allow video 
taped testimony as evidence in certain types of cases, ostensibly 
child abuse cases. However, there was enough vagueness in the wording 
to allow for expanded use of this type of testimony.


*	S.B. 653 - Roving Wire Tap Bill This similar bill was part of 
the federal anti-terrorist legislation package, but was removed as 
being far too intrusive. It was picked up by the Council of State 
Governments and pushed at the state level throughout the 50 states. 
This if passed allows

1.	Roving taps The warrant, allowing the tap, defines a specific 
individual rather than a specific phone or communication line. 
Therefore, any communication device that individual uses or to whom 
he makes a call can be tapped. If an individual calls a another 
person, that person and any one he/she calls can be tapped arising 
from the call initiated by the first person on whom a warrant has 
been issued.

 

2.	"Good faith" wire taps If a specific warrant was not issued 
prior to the tap, it can be introduced as evidence if the police were 
acting in good faith! See subsection 5a above relative to the roving 
feature.

 

3.	Allows any other "police agency" (state, federal, or local 
government entity) to tap the phone lines of Pennsylvania residents 
without securing a warrant or notifying Pennsylvania authorities.

 

4.	Trial by Jury A ballot Initiative has passed that amends the 
state constitution to allow the prosecutor to demand a trial by jury. 
Currently the accused can specify a jury or non-jury trial. This 
provision can make it cost prohibitive for an ordinary citizen to 
challenge wrongful prosecution.

Russ Laing


302 Mental Health Abuse Victim


By way of introduction I am a resident of Allegheny County who, in 
early 1996, was twice illegally subjected to brief mental health 
detentions under Section 302 of the PA Mental Health Act of 1976, in 
an outrageous and illegal manner.

My record is spotless, (I don't even have points on my traffic 
record). I was never alleged to have made any threat or 
public/private disturbance in either of the two detentions, I hold a 
responsible job as a senior member of management at the parent 
company of Allegheny General Hospital. I was committed without a 
warrant on both occasions by a local (within Allegheny County) police 
department, and in neither case was I ever subjected to any kind of 
hearing or other formal adjudication.

My case was heard in the Allegheny County Court of Common Pleas 
before Judge David Cercone. There were a total of four hearings 
utilizing three different members of the District Attorney's Office. 
Initially the Judge granted a motion to have my seized valuable gun 
collection returned. He then reversed himself and revoked the 
original order, without comment. Although I passed the original as 
well as court requested psychological examinations with flying colors!

In the final hearing, Assistant District Attorney, Dan Fitzimmons 
stated that the 2nd amendment only pertained to the National Guard. 
He then cited the provisions of Title 18 of the Pennsylvania Crimes 
Code governing firearms. Stating that once an Act 302 has been 
initiated, regardless of outcome the individual is barred from owning 
or possessing a firearm for life! All guns are confiscated without 
due process or financial compensation.

Mr. Fitzimmons further argued that even if he upheld my claim that 
the provisions of Act 17/66 were overruled that this brief 
psychiatric detention of less than five days (Section 302) never 
involving any adjudication (such as a warrant or a hearing before a 
judge, mental health officer or other lawful authority) may, 
nonetheless, constitute being "involuntarily committed to a 
psychiatric institution" and therefore preclude firearm ownership 
under FEDERAL firearms law.

Both detentions have not only violated Pennsylvania mental health 
laws but also my Constitutional Rights to Due Process and unlawful 
search and seizure.

To continue my fight, I have retained a second attorney to file a 
case seeking to have the local police either justify their actions in 
subjecting me to a psychiatric detention, or else have both 
"commitments" overturned. In the 2nd episode, the local version of 
Barney Fife and company surrounded my home for some 40 minutes with 
their guns drawn. They then stormed into my house to find me sleeping 
in my bedroom-and all this without a warrant or any other permission 
from anyone to enter my home! I feel that I have been in a Stephen 
King version of "Andy of Mayberry."

Copyright 1998, by Firearms Owners Against Crime - P.O. Box 74 Presto, PA 15142

###

Gun Registry Law Suit - ACSL et. al. vs. Tom Ridge
<http://w 
ww.nauticom.net/www/acsl/register/registration.html>

NRA-ILA Staffers Keep Silent on Gun Legislation? (Ridge's Refusal to 
fund Compliance Audit on Pennsylvania Instant Check System to protect 
State Police registry) 



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Date: Tue, 25 Sep 2001 13:41:18 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Politically Incorrect Supporters of Bill Maher
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Date: Tue, 25 Sep 2001 07:35:59 -0400
To: amccormick@home.com
From: Ann 
Subject: Fwd: Re: I Support Bill Maher!

If you value free speech and don't like censorship... Pass It  On!!
(sorry for any duplicates.. delete the extras)

If you have any ideas or comments pertaining to the site contact me 
or John @ john@hlinko.com

Thanks!

ann

>From: SupportBillMaher@millionflagmarch.com
>Subject: Re: I Support Bill Maher!
>To: ann@compassionatemoms.org
>Date: Tue, 25 Sep 2001 03:22:29 -0700
>
>Thanks for signing the "support Bill Maher" petition!  Now forward 
>this email to friends, and get them to sign as well.
>-----------------------
>I'm helping start a campaign. Can you take a few seconds to help?
>
>Bill Maher is being unfairly condemned for comments he made on 
>Politically Incorrect. Sponsors have pulled their advertising, ABC 
>may cancel the show, and the worst part is that he didn't even say 
>the things he was accused of saying.
>
>Our nation is in the midst of a crisis, and we must stand together. 
>But we can't allow a small, shrill group to exploit this crisis to 
>destroy the reputation of a fellow citizen.  That's why we've 
>started a petition expressing support for Bill, and asking ABC and 
>his sponsors to do the same.
>
>If you agree, please go to http://www.millionflagmarch.com/bill/ and 
>sign our petition.  Thanks for your help.
###

Bill Maher was right!
----------
by Debbie Schlussel

    Schlussel defends Maher against the "silly" backlash that
    has accompanied his statement that US foreign policy is
    "cowardly." (09/21/01)


And...

'Politically Incorrect' apologizes for political incorrectness
----------
    Bill Maher, the irreverent host of late-night talk show
    'Politically Incorrect,' apologized for saying some U.S.
    military actions were 'cowardly.' The retraction came in
    the wake of Sears and FedEx cancelling commercials.
    (09/19/01)




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Date: Tue, 25 Sep 2001 13:48:09 -0400
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From: Matthew Gaylor 
Subject: Gun Control and the WTC Tragedy by Dan Mahony
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Gun Control and the WTC Tragedy

by Dan Mahony

The destruction of the WTC last week was the greatest tragedy in the 
history of the Western hemisphere. It may be the be the greatest 
man-made tragedy in the history of the world, dwarfing the bombings 
of Nagasaki, Hiroshima, Dresden and the sacks of Rome and 
Constantinople. Unfortunately, it was also the most successful 
military action of all time.

Hot air-filled politicians and moronic teleprompter-reading TV 
pundits are now beating the war drums. Their propaganda and 
thoughtless blather may start an almost unimaginable round of attack, 
counter attack, and escalation that could eventually lead to nuclear 
and biological Armageddon. When the time comes, it will be 
interesting to see how many members of these two odious groups will 
be in the first wave of assault troops parachuting into Afghanistan.

Instead let me make a simple suggestion that may have eliminated the 
murderous hijackings in the first place.

The second amendment to the US Constitution did not give, it only 
recognized the preexisting and inalienable right of a free people to 
keep and bear arms. George Washington of late memory said in his 
first address to Congress "no man should scruple or hesitate for a 
moment to use arms in defense." On Tuesday the federal government - 
against reason, law and history - actively disarmed every innocent 
citizen before they boarded the four doomed planes.

No one alive in 1970 could imagine a planeload of feminized and 
unarmed Americans sitting quietly by while 3-5 box-cutter wielding 
highjackers heads turned their plane into third world cruise 
missiles. Instead any of the handful of then legally armed Americans 
on a typical plane would have dispatched their tormentors quickly. 
These ordinary Americans may or may not have saved their plane, but 
surely they would have saved the World Trade Center and its thousands 
of innocent victims.

For thirty years closet totalitarians like Senator Hilary Clinton and 
Senator Chuckie Schumer have worked tirelessly to disarm the US 
population. Well-financed and unending propaganda has convinced many 
sensitive moderns that abandonment of any right to personal 
self-defense is the natural state of man.

Both of our NY Senators travel in armored cars with multiple 
well-armed guards ready to protect them. Look at what they do and not 
what they say. What is it that they know about their own personal 
safety that they do not profess in public and what special privilege 
are these worthies unwilling to share with ordinary citizens?

What is to be done? I propose the following easy and wholly voluntary 
experiment. Airlines should be allowed to offer two separate types of 
flights-"Second Amendment Right-to-Carry Flights" and "Weapons-Free 
Flights".

"Right-to-Carry" flights would not require carry on baggage 
inspection or intrusive and clumsy metal detectors at the gate. 
Citizens using these flights could drive to the airport swiftly 
embark and fly off.

Money thus saved would pay for the delay, sophisticated equipment, 
personnel and extra holding rooms needed to do full body searches on 
everyone flying on the "Weapons-Free Flights". This money would also 
pay for special government certificates issued to each of these 
passengers stating that they are, in fact, on a weapons-free flight.

Citizens can freely choose their flight of choice.

True to form the bureaucrats are already suggesting even more 
draconian schemes to disarm free Americans. I heard the improbably 
named Joseph Lawless, Public Safety Director of the Boston MPA, say 
that he wants to outlaw even plastic knives in the airport 
commissaries. Is this jackass for real or did I accidentally surf 
into some sick Comedy Central skit?

Instead we should return to our roots and allow any of our 280 
million fellow Americans who wish to protect themselves to exercise 
their constitutional right do so. I would feel safer and somehow I 
feel most of the victims of the WTC tragedy would agree.

Requiescat in pace.

September 22, 2001

Dan Mahony [dfmahony@yahoo.com] is the managing partner of Lexington 
Research Partners a NYC based investment firm.

Copyright © 2001 LewRockwell.com

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Date: Tue, 25 Sep 2001 18:17:05 -0400
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From: Matthew Gaylor 
Subject: Clueless CATO Institute Thinks Ban On Knives A Good Thing
Cc: dboaz@cato.org, ieland@cato.org, bill.stewart@pobox.com,
        Lizard ,
        "Richard B. Boddie" 
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[Note from Matthew Gaylor:  I usually highly recommend the CATO 
Institute as they nearly always take a principled pro-freedom stand 
on the issues.  Below is an exception.  CATO's Ivan Eland writes that 
"The ban against sharp metal objects (i.e., knives) aboard aircraft 
is a good one."  Making airline passengers an even more inviting 
target is not something that strikes me as smart idea let alone a 
pro-freedom market liberal ideal.  In the early 1960s American 
airline passengers could carry firearms on their carry on luggage-  A 
period that didn't see hijackings I might add.  It was only after 
government regulation via the FAA that effectively emasculated 
personal defense from both the pilots and passengers have we seen in 
flight terrorism.  If you're disappointed with CATO's position I 
suggest you contact CATO Executive VP David Boaz . 
Write or call the
Cato Institute, 1000 Massachusetts Avenue, N.W. Washington D.C. 
20001-5403, Phone (202) 842-0200, Fax (202) 842-3490]




Don't Give Bin Laden Total Victory
by Ivan Eland , Director of Defense Policy Studies, 
Cato Institute

The monstrous and despicable attacks on the Pentagon and World Trade 
Center have given the terrorists two victories. We must prevent them 
from gaining a third.

The first victory-achieving mass casualties-was obtained with a 
nefarious, but deft, lightning strike that converted ordinary 
airliners into explosive, building-busting weapons. The second 
victory was achieved by inducing first panic, and then fear, into the 
American public through the publicity that the attacks received.

The first two victories were wrought by the terrorists' own efforts 
but whether they achieve a third victory is up to us. As bad as the 
mass casualties and widespread fear were, the worst and most long 
lasting scar from the attacks could be an alteration of the American 
way of life. Politically, the United States is the freest nation on 
earth. Our citizens enjoy freedoms unmatched anywhere in the world. 
If the attacks result in the curtailment of American civil liberties 
in the name of increased security, the terrorists' triumph will be 
complete.

Added airport security might be needed but the measures chosen should 
not be applied in a broad and draconian way to show that the U.S. 
government is "doing something" about the problem of terrorism. The 
government's tendency to overdo its response to crises is well known. 
For example, after the 1993 bombing of the World Trade Center and the 
1995 poison gas attack on the Tokyo subway, Congress passed the 
draconian Antiterrorism and Effective Death Penalty Act of 1996. That 
law reduced civil liberties but did not institute measures that would 
have prevented those types of attacks.

Instead, any new airport security provisions adopted should 
specifically help address the threat. The ban against sharp metal 
objects (i.e., knives) aboard aircraft is a good one. The bans on 
electronic ticketing and curbside check-in seem to be an example of 
government measures that have only a tangential relationship to the 
problem of hijacking. The apparent justification for them is that 
terrorists might opt for other means of attack if hijacking with 
knives is denied to them. If that is the case, then maybe we should 
prohibit all air travel.

Although the public's desire for increased security is 
understandable, security measures should not be so onerous that air 
travel becomes a nightmare. If the speed limit on the highways were 
reduced to 5 miles per hour, many lives could be saved but our 
society would grind to a halt (or at least slow down dramatically). 
In anything we do in life, we take some risk. Despite the heat of the 
moment, terrorist attacks and airplane hijackings are still rare 
occurrences.

Terrorism is like water flowing in a stream-it follows the path of 
least resistance. Like moving water, which flows around rocks, logs 
and other obstacles, terrorists will change their tactics to move 
around defenses and attack the weakest point. Terrorism, perpetrated 
by loose associations of small shadowy groups, also is hard for 
intelligence agencies to detect and is therefore difficult to stop. 
We can only institute so many security measures to prevent terrorism 
before the burden to an open society is too great.

Therefore, in the long-term, when the dust settles after the 
predictable and justifiable military response to this heinous act, we 
should ask ourselves why the United States is the target of almost 50 
percent of the world's terrorism. That percentage is high for a 
nation that is half a world away from most of the world's conflicts, 
has no ongoing civil war, and has no hostile neighbors. We should 
also ask ourselves whether increased security or intelligence 
gathering would trash the civil liberties that make the United States 
unique and great. That would be the greatest victory for Bin Laden 
and probably the most long lasting tragedy for America.

###

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http://www.claremont.org/precepts/302.cfm


The Constitutional Challenge

By Charles R. Kesler

The 21st century began last Tuesday, with the sickening impact of 
jetliners against steel, concrete, and glass. The century arrived 
nine months and 10 days late, but then politics doesn't always 
observe the calendar.

This is not the first century to begin with a terrorist attack. The 
last century commenced, as it were, with the destruction on February 
15, 1898, of the U.S. battleship Maine, moored in Havana harbor. More 
than two hundred Americans died in the blast. What we would now call 
state-sponsored terrorism was immediately suspected as the cause, and 
in less than three months the United States and the Empire of Spain 
were at war. Less than three months after that, the fighting was over 
and America had become a world power, disposing not only of Cuba but 
of the far-flung Hawaiian and Philippine islands.

Terrorism soon gave a bloodier hue to events, of course. The 20th 
century's peculiar barbarism began in 1914 when a terrorist 
assassinated the heir to the throne of the Austro-Hungarian Empire. 
The sanguinary thread pulled by that assassin unraveled the states 
and nearly the civilization of Europe, unleashing routine mass 
slaughter and setting in motion the two tyrannical world-systems, 
Soviet Communism and Nazism, whose rise and fall would dominate the 
rest of the century's politics.

So we cannot yet discern the ultimate consequences of last week's 
attacks on New York and Washington. Whether the carnage piled up by 
the terrorists and by our attempts to stamp them out will exceed the 
appalling toll accumulated in the last century, we cannot tell. It is 
a grim supposition, however, that our enemies like to top themselves, 
and that among the terrible surprises they withhold, temporarily, are 
weapons biological, chemical, and nuclear. The coming century may be 
monstrous, indeed.

Most of us feel this new vulnerability. The country has not suffered 
such a calamitous sneak attack since Pearl Harbor. So many Americans 
have not died in combat on American soil since Antietam. During the 
Cold War we lived with the threat of nuclear attack, but the threat 
remained unconsummated and we had the perverse satisfaction of 
believing that, if worse came to worse, we'd be avenged almost 
instantly. But it is not justice or even vengeance for the hijackers 
to have willingly blown themselves up along with their victims.

Our enemies seem to have left us with a stark but simple choice: to 
kill them before they kill us. Although there is no denying the good 
sense in this advice, in the end it neglects too much the differences 
between us and them. "Why We Fight" is a question that a free people 
are compelled to answer not merely by invoking the imperatives of 
self-preservation but also by reminding themselves of their blessings 
and, correspondingly, their duties.

Chief among our blessings is the United States Constitution. Monday 
was Constitution Day, marking the 214th anniversary of the 
Constitution's signing and its transmission from the Philadelphia 
Convention to the U.S. Congress, whither it was sent to special 
ratifying conventions in each state.

As American anniversaries go, Constitution Day is a small one, not 
even an excuse for a long weekend. But after the savage attacks of 
last week, the Constitution suddenly seems more precious, its virtues 
heightened and brought closer to home. It is the nature of evil to be 
a sort of privation, a negation of what is good; and in reflecting on 
the Constitution's goodness we celebrate all those principles that 
our enemies hold in contempt.

Human dignity; the rule of law; the equal rights of men and women; 
limited government; separation of powers; the consent of the 
governed; due process of law; separation of church and state; freedom 
of speech and religion -- these are the glories of our constitutional 
order. To the tyrants who struck New York and Washington, however, 
these are a syllabus of errors.

The World Trade Towers and the Pentagon are symbols of America's 
commercial civilization and its military might -- the things that 
together used to be called "the arsenal of democracy." But they are 
not symbols of democracy per se.

One of the hijacked planes was apparently aimed for the White House. 
As symbols, the White House and the Capitol Building come close to 
the heart of American republicanism. Their destruction would have 
been a grievous, grievous blow -- but one from which the country 
would have recovered. After all, the British Army torched both 
buildings during the War of 1812 and America bounced back smartly.

Though aiming squarely for American democracy, the terrorists missed 
their target last week. You can shatter and implode a building, but 
you can't so easily destroy a Constitution.

Already we see the remarkable way in which the Constitution's spirit, 
far in advance of any legal proceedings, encourages Americans to 
restrain themselves and to rally around the rule of law -- hence, for 
example, the ubiquitous and welcome calls to respect the rights of 
law-abiding Muslim citizens and resident aliens. It's also a good 
sign that Americans are questioning the bureaucracy and loss of 
personal freedom threatened by some of the new security measures. A 
liberty-loving people should be spirited.

But the acid test of our Constitution's health will be the energy 
with which Americans are able to defend themselves and to subdue our 
enemies. In the 21st century as before, the Constitution gives us the 
tools. Will we be able to finish the job?
------------------------------------------------------------------------

Charles R. Kesler is editor of the Claremont Review of Books.
------------------------------------------------------------------------

All pages copyright © 2001 The Claremont Institute


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Date: Tue, 25 Sep 2001 10:08:00 EDT
Title: Op-Ed in today's LA Daily News: When the FBI Guys Come Knocking...
By: Dr. Riad Z. Abdelkarim
Email: RiadZuhdi@aol.com


                              Tuesday, September 25, 2001

When the FBI guys come knocking, it's the worst of times
By Riad Z. Abdelkarim




    The  ring  at  my  doorbell  that Sunday afternoon was
    innocent enough. I set aside my laptop computer and my
    half-eaten Chicken McNuggets and went to the door.

    When  I  first  peered out and saw two sharply dressed
    men in business suits and dark sunglasses, I thought I
    was  being  visited  by  a  pair of friendly Jehovah's
    Witnesses.

    As I opened the door, however, it struck me that these
    men  were  a bit older than the young men of faith who
    usually canvassed the neighborhood.

    Any   lingering   doubt  about  their  identities  was
    immediately  erased  when  the  two  men flashed their
    badges  and  announced  --  in true X-Files fashion --
    that   they   were   with   the   Federal   Bureau  of
    Investigation.

    "What can I do for you gentlemen?" I asked.

    My  initial  puzzled  reaction  turned to concern when
    they  explained  that  they  wanted  to  speak with me
    "about   the   events   of  last  Tuesday,"  obviously
    referring  to  the  horrible terrorist attacks against
    the World Trade Center and the Pentagon.

    I  told  them that I would be happy to speak with them
    if  they  made  an appointment to meet me later at the
    local   office  of  the  Council  on  American-Islamic
    Relations,  where I served as a member of the board of
    directors.

    Although  the  agents  were somewhat taken aback by my
    request,  they  ultimately  agreed. An appointment was
    made  for  the following evening, but the agents never
    appeared   to  interview  me  nor  did  they  call  to
    reschedule the meeting.

    The next morning, I awoke ill and asked that my clinic
    patients be rescheduled before stepping out to pick up
    some over-the-counter medication.

    During  this  time,  two  other agents visited both my
    home  and work place. When the agents did not find me,
    they  warned  my  wife ominously that they "would keep
    coming back."

    I  was  finally  able  to  reach  one of the agents by
    cellular  phone, and I made an appointment to meet him
    and his partner at a local coffee shop.

    What  ensued can best be described as a combination of
    a    fishing   expedition   and   a   scene   from   a
    straight-to-video B-movie.

    Holding  a  thin  folder  stamped "SECRET" in front of
    them,   the  agents  initially  queried  me  about  my
    background.  One  of  them  stopped in mid-sentence to
    change  a  question  from  "When  did  you come to the
    U.S.?" to "Where were you born?"

    They  appeared  somewhat  surprised when I mentioned I
    was born in Santa Monica, California, and had lived in
    Southern California my entire life.

    I  was then quizzed about my political views with such
    vague  questions  as  "Are  we  the  bad  guys in this
    thing?"  I  told the agents in no uncertain terms that
    there  could  be  no  justification whatsoever for the
    horrible terrorist attacks that had taken place.

    Further,  I  informed them that my political views are
    widely  known  because I frequently write commentaries
    that  are  published in newspapers around the country.
    In  fact, in the days following the terrorist attacks,
    my commentaries condemning the assaults and expressing
    the  shared  grief and outrage of American Muslims had
    appeared   in   newspapers   in   California,   Texas,
    Connecticut, Washington, D.C., New Jersey, and Madrid,
    Spain.

    The  agents  subsequently  inquired  about my numerous
    affiliations   with   several   prominent  and  widely
    respected   American   Muslim   advocacy   and  relief
    organizations.  At  no  time  was  I  asked  about any
    specific  individual,  nor was I asked to identify any
    suspects in photographs.

    The  interview's  low  point came when I asked why the
    agents had gone to my clinic, when I had provided them
    with  a  cellular telephone number at which I could be
    reached.

    Their  answer  spoke  volumes about the aimlessness of
    this investigation:

    "When  we  learned  that you were out sick, we thought
    that our worst fears had been realized -- that you had
    fled the country."

    I could no longer restrain my laughter.

    "Give me a break," I exclaimed incredulously.

    To  where  would  I  flee?  I am an American. I do not
    possess nor do I desire any other citizenship.

    By  the  end  of the 75-minute ordeal, I was convinced
    that  the  agents  were  not  acting  on  any specific
    information but were instead groping wildly for straws
    in the dark.

    I found this quite disheartening.

    I   harbor   no  ill  will  toward  those  agents  who
    interviewed   me.   I  realize  that  they  were  just
    following orders. Like other Americans who are Muslims
    or  of Arabic ethnicity, I earnestly support the FBI's
    attempts   to   vigorously  investigate  this  heinous
    terrorist act and bring those responsible to justice.

    What  I  do  not  appreciate  is being singled out for
    questioning  merely  because of my faith, my ethnicity
    or my legitimate political activism.

    As noted in a Christian Science Monitor editorial this
    week,  "to have FBI agents with no preparatory contact
    knocking  on the doors of Arab or Muslim citizens with
    no  clear  ties  to  acts  of  crime  is a sure way to
    instill fear right where cooperation is most needed."

    In  legal  parlance,  this  practice is referred to as
    "profiling." In my book, it's just plain racism.

    And it has no place in my country.

    ---

    Riad  Z.  Abdelkarim  is an American-born, -raised and
    -educated  physician  active  in  the  American Muslim
    community. He lives in Southern California.

      _________________________________________________

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Walter Williams
September 26, 2001

Airport safety regulations

Secretary of Transportation Norman Y. Mineta, Czar Norman, has 
ordered new, ill-thought out, oppressive airline regulations in the 
wake of recent terrorist attacks. Among them: a ban on knives -- 
plastic or steel -- anywhere in the airport and on airplanes, even in 
kitchens, no curbside check-in, restricted carry-on luggage, no 
visitors beyond security checkpoints and who knows what else.

[...]

The new air safety regulations are consistent with today's anti-crime 
strategies: If people commit crimes with guns, call for gun control; 
if people commit crimes with knives, call for knife control. Current 
law prohibits pilots from having guns to protect their crew and 
passengers. That law should be changed.

Instead of meekly going along with the FAA's new, costly, oppressive 
and stupid safety regulations, Americans should rebel against them. 
Are we so timid and feminized that we'll accept anything politicians 
do in the name of safety?

###

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Date: Wed, 26 Sep 2001 12:58:59 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Cato's David Boaz Responds To Ban On Knives
Cc: "David Boaz" , ieland@cato.org
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At 10:23 AM -0400 9/26/01, David Boaz  wrote:
>Dear Mr. Gaylor:
>
>You know, I might even agree with you on this one.  When you've got 100
>employees writing hundreds of articles, it's hard to agree with every clause
>of every article.  And I might even be willing to engage you in dialogue
>about it if you hadn't encouraged every person with an email account to
>flood my inbox with messages -- as if the justice of a position was
>determined by the number of angry emails it generates.  That's not my idea
>of rational debate.
>
>Also, next time you attack us, could you spell our name right?
>
>David Boaz

Matthew Gaylor responds:

I would hope it's not a debatable point when your Director of Defense 
Policy, Ivan Eland thinks victim disarmament is a good idea when he 
states "The ban against sharp metal objects (i.e., knives) aboard 
aircraft is a good one." [See 
].

I think libertarian economist Walter Williams has the correct, and 
libertarian attitude when he wrote: "The new air safety regulations 
are consistent with today's anti-crime strategies: If people commit 
crimes with guns, call for gun control; if people commit crimes with 
knives, call for knife control. Current law prohibits pilots from 
having guns to protect their crew and passengers.  That law should be 
changed. Instead of meekly going along with the FAA's new, costly, 
oppressive and stupid safety regulations, Americans should rebel 
against them. Are we so timid and feminized that we'll accept 
anything politicians do in the name of safety?"  [See: 
].

So my question to Mr. Eland is why is he willing to accept FAA 
regulations over freedom? And isn't Ben Franklin still right when he 
wrote: "They that can give up essential liberty to purchase a little 
temporary safety, deserve neither liberty nor safety."?

Regards,  Matt-

{Note this message is being sent to Freematt's Alerts, multiple 
thousands of subscribers worldwide.}


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From: Matthew Gaylor 
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 Thing
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Date: Tue, 25 Sep 2001 21:05:05 -0400
To: Matthew Gaylor 
From: "James M. Ray" 
Subject: Re: Clueless CATO Institute Thinks Ban On Knives A Good Thing
Cc: dboaz@cato.org, ieland@cato.org

Dear Mr. Boaz.

The position taken against knives is illogical, and will extend the
unsafe condition that the FAA has thrust upon the American public.
Please click the following link:

http://www.tlknapp.net/bieser091101frames.html

that's how I and dozens of others feel about all this. I'm also thankful
for the Internet, because many pilots are very eloquent, and they've
described speeches they've given, telling their (few, these days...)
passengers that because everyone's disarmed, there may have to
be a command to swarm any potential suicidal hijacker, suggesting
using the blankets, etc. This obviously happened spontaneously on
(at least) one of the hijackings.

Think about it. Does CATO want law abiding citizens to be better able
to help the captain (who, but for the FAA, could have a revolver with
highly frangible ammo if he/she chose to) in an emergency? Matt is
being kind with the word "clueless." You've been inside the beltway
for too long -- it's a cultural thing (and I perfectly understand, those
are some fabulous parties -- the best!) but this isn't cluelessness, it's
STATISM! -- Yep, the ultimate libertarian-insult. Of course, it's also
clueless in that there are ceramic knives. They exist! Deal with it, if
you have 19 people willing to die things can get bad, and will.

CATO has done just what the news media have done, and failed to
blame the results of FAA-disarmament on (shudder) the FAA! You're
either turning into statist idiots, or the mushrooms on your pizza are
better than you think. Anyway, when CATO spouts stuff like this, it's
time to look at Brookings just to see if there's ANY difference left!

JMR
Regards, James M. Ray

"It is disappointing, but perhaps not surprising, that Supreme
Court justices and other constitutional interpreters have typically
fled from the hard moral judgments called for by the Ninth
Amendment." -- Steven Macedo, _The New Right v. The
Constitution_ p. 7.

PGP = 0xAE141134 

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From: jw@bway.net
To: freematt@coil.com
Subject: Year zero: War and law
Date: Wed, 26 Sep 2001 03:04:57 GMT

Year Zero


Law and War
by Jonathan Wallace jw@bway.net

September 24, 2001

Year Zero is an episodic series of essays on ethical and practical 
implications of the present crisis. Subscribe here: 
http://www.greenspun.com/spam/home.tcl?domain=ethspec

The Year Zero page is at http://www.spectacle.org/yearzero/

Since Tuesday morning September 11, a certain number of people I 
respect have issued calls to treat the killing of 6,000 people in a 
few hours that morning as a crime justiciable under law, rather than 
an act addressable by war. I think this view is based on a very 
substantial misapprehension.

Our system of law is based, as is everyone's, on a couple of linked 
assumptions that we don't have occasion to examine very often. First, 
law for its full-fledged functioning--as a system, rather than merely 
an aspiration--requires some prior stability. Second, that stability 
is acquired in part by a judicious application of force, according to 
the "rules of law", and therefore with certain checks and balances 
applied.

In order to prosecute the people who bombed the World Trade Center in 
1993, we had to lay hands on them first. That is the role of force in 
connection with the rule of law. We arrested and tried a handful of 
co-conspirators who had carried out the assault, but we were never 
able to try the people behind them, who were inaccessible to the 
F.B.I. and the New York City police.

Law without force is a sham. Like World Court decisions, which are 
not binding on any country that chooses to disregard them, court 
rulings against Osama bin Laden or others responsible for the mass 
murders on Tuesday morning will have no effect if we are not in 
physical possession of the perpetrators.

How do you propose to get hold of them, so that legal sanctions can 
be effective? Most of the advocates of law over war simply choose not 
to answer the question. Professor Francis Boyle, a human rights 
advocate, mapped out a legal campaign against Afghanistan which 
starts with the invocation of an international treaty against 
sabotage signed by both that country and the U.S. The next step 
involves petitioning Afghanistan to withdraw its reservation to World 
Court jurisdiction, and so on. Nowhere in Professor Boyle's roadmap 
is the simple necessary step: "Arrest the defendant."

At a time when two 767's have just slammed into two tall towers, 
killing 6,000 people as a geopolitical chess move of awful 
brilliance, Professor Boyle's recommendations seem impossibly naive. 
While we appeal to international tribunals and ask Afghanistan to 
comply voluntarily (an initiative which has already failed), the 
adversary will continue fighting back, with bombs, not briefs. 
Professor Boyle's idea involves the ultimate in asymmetrical warfare.

Here is what I regard as a simple, striking idea: the police force 
required to insure that the rule of law is meaningful in this case is 
the United States military. If, in the course of an action 
forestalling further harm like the terrible suffering and destruction 
caused on September 11, we happen to gain custody of bin Laden, 
putting him on trial in New York would be perfectly appropriate. In 
fact, it would be far more justifiable than Nuremberg was. Nuremberg 
was a post facto attempt to hold governmental actors responsible for 
acts they had committed within their own borders, under an 
international law of war crimes which did not yet exist. Bin Laden is 
not a governmental actor, and in any event, jurisdiction over him for 
acts committed within United States borders is clearly appropriate.

Even if Bin Laden somehow fell into our grasp tomorrow, without any 
attempt first being made to roll up the Al-Quaeda and related 
organizations, the application of legal procedure to him without 
military backing would not guarantee the security of the judges and 
juries we would be asking to act on our behalf. Crime raised to the 
level of war warps our system out of shape. The Sicilian mafia fought 
back by murdering prosecutors and judges, who became unwilling to 
proceed without military protection. In recent years, we have seen a 
similar phenomenon in Columbia, where it has been unsafe to be a 
judge acting against the narcoterrorists or against death squads. If 
we are not willing in such situations to apply the level of force 
necessary to guarantee the security of our legal system, then we are 
asking jurors and jurists to sacrifice themselves for nothing.

Law enforcement and war lie on a spectrum and it is hard to say 
exactly where one shades into the other. The real question is what is 
the appropriate level of force to apply in order to guarantee the 
stability and efficacy of the legal solution. Conducted carefully, 
the actions we now take against bin Laden, rather than being a 
revenge "crusade", will be a war for law.

---

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Date: Wed, 26 Sep 2001 13:45:18 -0400
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From: Matthew Gaylor 
Subject: Dennis Walker on perceived safety that turns us into subjects
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[Note from Matthew Gaylor: I've known Dennis Walker for many years. 
Dennis serves on the central committee of the Republican Party of 
Franklin Co, Columbus, Ohio.  Dennis was selected as The Citizens 
Committee for the Right to Keep and Bear Arms Grass Roots Activist of 
the Year Award recipient for 2001. See: http://www.ccrkba.org .]

To: freematt@coil.com
Date: Tue, 25 Sep 2001 19:22:26 -0700
Subject: The Fourth Amendment
From: "2nd. Amend" 

Amendment IV.

         "The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no Warrants shall issue, but 
upon probable cause, supported by Oath or affirmation, and 
particularly describing the place to be searched, and the persons or 
things to be seized."

         Is America dead, or just dying a slow death in the aftermath 
of the heinous attack on the World Trade Center and the Pentagon on 
September 11, 2001?  Is freedom to die a long, slow incremental death 
because people are scared?  Or can the American people stand up to 
the ineffectual security measures being imposed on us?

         Most of the new security imposed at airports are laughable at 
best.  Having spoken with a security expert at the recent Gun Rights 
Policy Conference, he said the new security procedures were a joke. 
Others that flew said they really weren't searched.  One attendee had 
to surrender his butane lighter but was allowed to take pens on with 
him.

         There is increased security at federal buildings and the post 
office, which brings me to the crux of this missive.  Last week I 
took a mailing over to the Main Post Office in Columbus, Ohio.  It 
was an issue of the PROponent newsletter.  In preparing the mailing, 
I made a mistake which was caught by the alert postal employees.  The 
post office called on Thursday morning and said I had to come in and 
correct the mistakes.  I said I would be in Monday as I was going out 
of town.  They said ok.

         When going over to the post office to get mailing trays, I 
had to tell a young uniformed security guard why I was going into the 
bulk mail area.  No big problem.  When the mail was taken over, the 
driver was asked for his driver's license.  A bit intrusive, but 
bearable.

         On Tuesday afternoon when I pulled up to the stop sign, a 
young woman said she had to check the trunk of my van.  I tried to 
say I was only going in to correct my mailing.  She walked around the 
back of my van and tried the doors.  They were locked.  She came back 
to the driver's window and told me she had to search the back of the 
vehicle.  I asked why and she said security.  I replied no thank you 
and left.

         I called the lady at the post office and told her we had a 
problem in that I couldn't get into the post office.  She asked why 
and I said they wanted to search my vehicle and I refused.  She said 
something about security in a federal building.  I replied that they 
had no search warrant and that they weren't going to search my 
vehicle.  How was I to correct my mailing.  She said I had to have my 
vehicle searched.  I replied that was unacceptable.

         For those of you who know me, I was calm, polite and 
respectful.  She said she would have her supervisor call me about the 
problem.  I thanked her and hung up.  About ten minutes later, her 
supervisor called and we went through the same conversation again. 
It ended up with her saying she would have the Postal Inspectors call 
me.  I thanked her and hung up.

         After another ten minutes, the supervisor called me back and 
said when I pulled up to the search point, I was to tell the security 
person to call her and she would come out and verify who I was.  I 
again thanked her and hung up.

         Tomorrow morning I will see what happens.  And yes, the van 
will be sanitized.

         If we allow ourselves to submit to incidents such as this, 
then the terrorists have won and America loses.  The person wanting 
to search my vehicle had no police powers that I could see.  She wore 
no firearm.  Nor did she have probable cause or a warrant.  Nor did 
she demand a full vehicle search which would have included looking 
under the vehicle with mirrors and looking under the hood.  Nor was 
there a bomb sniffing dog available.

         Yes, we had a terrible atrocity committed in New York 
City and Washington, D.C. on September 11th, but to succumb to any 
infringement of our Bill of Rights will allow the terrorists to win. 
They will have forced Americans to surrender precious freedoms in 
exchange for perceived safety.  Perceived safety that does absolutely 
nothing to protect us from terrorists.  Perceived safety that turns 
us into subjects.

Dennis Walker
NATO Doctrine in defense of the Second Amendment

Peoples Rights Organization is Ohio's most active grassroots
group in the fields of Education, Legislation and Litigation.

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 and Bail
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[...]

Attorney General John D. Ashcroft reported Monday that 352 people 
were being held as part of the investigation. Of that number, 98 were 
being detained on suspicion of violating immigration laws, while 254 
were held on other charges, including traffic offenses, misdemeanors 
and identification fraud.

Lawyers and legal scholars contacted yesterday said they could not 
recall a time when so many people had been arrested and held without 
bond on charges -- particularly minor charges -- unrelated to the 
case at hand. They noted that the Supreme Court permits such 
detentions when authorities believe an individual has information 
important to another case.

[...]



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Date: Wed, 26 Sep 2001 14:13:48 -0400
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From: Matthew Gaylor 
Subject: National ID Card Push Roils Privacy Advocates
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National ID Card Push Roils Privacy Advocates

By Brian Krebs, Newsbytes
WASHINGTON, D.C., U.S.A.,
25 Sep 2001, 3:43 PM CST

   In 1986, while the government of Australia was drafting legislation 
requiring citizens to carry a national identification card, civil 
liberties advocates formed Privacy International, a group dedicated 
to sharing information on similar movements around the globe.

The Australian government later dropped the plan after citizens 
literally rioted in the streets in protest.

But in the wake of terrorist attacks on Sept. 11, talk of a national 
ID system among lawmakers in the United States, U.K., and Australia 
is once again putting privacy groups on the defensive.

"This issue is like a bad case of herpes," said David Banisar, deputy 
director for the global privacy group. "No matter how many times you 
try to treat it, it just keeps coming back."

Over the past two weeks, a number of House and Senate lawmakers have 
begun toying with the idea of a national identification card, or 
adding a biometric identifier such as a fingerprint to all Social 
Security cards.

Banisar said the calls for a national ID card in response to the 
recent attacks are misplaced, noting that nearly all of the 
terrorists who directly participated in the attacks were in the 
United States legally. Banisar added that the primary targets of such 
a system would almost certainly be Latin American immigrants.

"The reality is that ID cards will do very little to stop this sort 
of stuff, but it will make it much easier to track everybody else for 
any number of purposes," he said. "In the end, this would simply give 
legal justification for all kinds of profiling that we've seen so 
many bad examples of in the past few years."

[...]


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Subject: Ohio man's "obscene" sex journal is now public
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Date: Wed, 26 Sep 2001 13:43:55 -0400
From: Declan McCullagh 
Subject: FC: Ohio man's "obscene" sex journal is now public
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
X-News-Site: Cluebot is at http://www.cluebot.com/

[Now how long will it take some enterprising person to go to the 
courthouse, pay the clerk to photocopy the journal, scan it in, and 
post it on the web? Of course, it might be a good idea not to do that 
from within Ohio's borders... --DBM]

Background:

"Judge says Ohio man with dirty diary can't change guilty plea"
http://www.politechbot.com/p-02468.html


*********

http://www.dispatch.com/news-story.php?story=dispatch/news/news01/sep0 
1/855902.html

Graphic sex journal made public as plea battle continues

Saturday, September 22, 2001
Tim Doulin
Columbus Dispatch Staff Reporter

A journal that Brian Dalton had hoped to keep private when he pleaded guilty
to a pandering obscenity charge is now a public document.

Dalton's 14-page journal, written in the first person and graphically
depicting the torture and molestation of young children, was filed yesterday
in Franklin County Common Pleas Court by prosecutors opposed to letting him
withdraw that guilty plea.

[...]

Miller has scheduled an Oct. 3 hearing to consider arguments.

[...]




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Subject: Pilots debate tough tactics to foil attacks
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 From the Chicago Tribune

Pilots debate tough tactics to foil attacks
By Flynn McRoberts and Rogers Worthington
Tribune staff reporters

September 26, 2001

Gone, for now, is the chatter within flight crews about weather, 
flight paths and what to do once they reach their destination. Thanks 
to the events of Sept. 11, pilots across America are preparing their 
co-pilots and flight attendants for trouble.

In e-mails and pilot lounges, they are swapping ideas about how to 
fight back against hijackers: packing firearms, using coffeepots and 
cockpit crash axes as weapons, or rolling the plane so attackers are 
knocked off their feet.

At least one pilot even urged passengers to rise up and pummel 
attackers. It was just the most dramatic example of how, since 
terrorists converted jetliners into guided missiles, flight crews 
have abandoned the painfully obsolete idea that a hijacker merely 
wants ransom money or a trip to Cuba.

As their union leaders and Bush administration officials disagreed 
Tuesday on a range of proposals--from arming pilots to federalizing 
airport security--pilots and flight attendants continued the debate 
in America's cockpits and cabins:

How far should they go in enlisting passengers in the potential fight 
against would-be terrorists without scaring most of their customers 
away?
That debate has broadened to the flying public with the wide 
circulation of one account--a United Airlines pilot who tutored 
passengers over the PA system on how to foil any potential hijackers.

"Everybody stand up at once and start throwing things at this person 
and his confederates if he has any," Peter Hannaford, a former Reagan 
aide, recalled the pilot as saying. "Throw anything you can: shoes, 
pillows, books, magazines, even eyeglasses and especially blankets. 
Somebody try to rush him and get a blanket over this person and 
tackle them to the ground." Hannaford said the passengers on board 
the flight from Denver to Dulles applauded.  So did many other pilots 
who later heard the story.

[...]

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Date: Wed, 26 Sep 2001 19:15:34 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Defeatist Compromising Commentary From Reason Magazine
Cc: gillespie@reason.com, davidn@reason.org, tcmay@got.net
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[Note from Matthew Gaylor:  Again more defeatist compromising 
commentary.  Reason Magazine's contributing editor Cathy Young 
writes: "Do I like the idea of people being able to encrypt 
electronic communications so that they are beyond surveillance? 
Frankly, I found it scary even before Sept. 11 - precisely because of 
the threat of terrorism. It is said that there are no atheists in 
foxholes; perhaps there are no true libertarians in times of 
terrorist attacks.  Even in the Declaration of Independence, the 
right to liberty is preceded by the right to life." In this case I 
found Cypherpunk Tim May's  sarcastic comment right on 
the money.  Tim writes:  "Between Cato arguing for victim disarmament 
and Reason arguing that "right to liberty is preceded by the right to 
life," I say we just kill them all and let Rand sort them out."  If 
you find Ms. Young's comments against encryption disturbing please 
write to Nick Gillespie  Editor-in-Chief of 
Reason Magazine and David Nott  President, Reason 
Foundation.]




September 24, 2001

Civil liberties may take a hit

By Cathy Young

It's such a cliche to say that the reality hasn't sunk in yet -- but 
it's true. Despite all the devastating images, part of me still 
doesn't belive that the Twin Towers are no more, or that the station 
where I have so often arrived in downtown New York by local train 
station from New Jersey lies under a pile of rubble, or that 
thousands are dead in what is unquestionably the most devastating 
terrorist act ever committed, not just on American soil but anywhere.

And there are so many other cliches that come so easily right now and 
that are true: above all, that the world will never be the same.

As always, there are those who would exploit an unthinkable tragedy 
for their own hateful agendas. On the left, a few commentators, such 
as filmmaker-activist Michael Moore, have found this a good time to 
decry the sins of American capitalism and US foreign policy for which 
we are supposedly being punished by the world's dispossessed.

On the right, a few so-called men of God have found this a good time 
to decry the "wickedness" of gays and lesbians, feminists, the 
American Civil Liberties Union, and abortion providers, for which we 
are supposedly being punished by the Lord.

So far, however, the divisive rhetoric isn't finding many takers.

Americans are united in mourning and just anger. The way we have come 
together to help and support those affected by the horror of last 
week's bombings shows us at our best as a people.

And yet moments of national unity and resolve are always of concern 
to those of us who are concerned with the expanding powers of the 
state and the fate of individual rights and civil liberties.

Historically, individual freedom has not fared well in wartime, 
understandably so. And whatever military action we may take at the 
moment, one of the fears is that a war against terrorism may be, at 
least for the foreseeable future, a permanent war.

There are libertarians who say that it doesn't have to be that way. 
They argue that, if our government only withdrew from meddling in 
regions where we have no real interest, stop playing global 
policeman, and limited itself to providing for a national defense 
against foreign attack, we wouldn't be a terrorist target.

Alas, this is a myopic position. Aside from whether a 21st century 
democracy can survive in isolation, the sort of people who carried 
out this monstrous act hate us for much more than our foreign policy.

Note that their targets included not only the Pentagon and 
(apparently) Capitol Hill or the White House, but the World Trade 
Center - a symbol and a bastion of international capitalism, not of 
US military power.

Philosopher David Kelley, director of the Objectivist Center, makes 
this point eloquently in an essay on the center's Web site, "The 
Assault on Civilization." (which strikes a chord whether or not one 
shares the center's philosophy, based on the writings of Ayn Rand).

The fanatics behind the bombings, Kelley writes, hate the West's 
cultural power most - "our secular culture of freedom, reason, and 
the pursuit of happiness. They hate our individualism; what they want 
is an authoritarian society where thought and behavior are controlled 
by true believers."

We could stay out of world affairs and they would still hate and fear 
our influence.

What to do, then?

To sacrifice our freedoms to fear of terrorism would destroy the very 
way of life that we seek to protect and hand the terrorists a 
victory. On the other hand, a free society is not a suicide pact.

We will undoubtedly have to put up with tougher security at airports. 
The movements of foreign visitors will be scrutinized more closely. 
Perhaps most alarming to many civil libertarians, it's likely that 
the government will expand its ability to monitor electronic mail, 
which has been a controversial issue for some time.

Do I like the idea of the government intercepting e-mail? No. But, as 
long as there's judicial oversight and due process, that's no 
different from its longstanding power to intercept regular mail.

Do I like the idea of people being able to encrypt electronic 
communications so that they are beyond surveillance? Frankly, I found 
it scary even before Sept. 11 - precisely because of the threat of 
terrorism.

It is said that there are no atheists in foxholes; perhaps there are 
no true libertarians in times of terrorist attacks.

Even in the Declaration of Independence, the right to liberty is 
preceded by the right to life.

Cathy Young is a contributing editor to REASON.  This column appeared 
in the Boston Globe on September 19, 2001.
------------------------------------------------------------------------
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Date: Fri, 28 Sep 2001 15:32:29 -0400
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From: Matthew Gaylor 
Subject: Cathy Young's Anxiety Attack
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Date: Wed, 26 Sep 2001 20:29:36 -0400 (EDT)
From: Charles Platt 
To: 
Cc: , Matthew Gaylor ,
         Timothy May , Ron Bailey ,
         Declan McCullagh , 
Subject: Cathy Young's Anxiety Attack

Bad enough that a contributing editor to Reason should indulge in the
cliche-ridden handwringing of a statist apologist; far worse that these
less-than-cerebral platitudes should be disseminated via an establishment
publication, where Ms. Young is liable to be seen as a libertarian
emissary.

To Cathy Young: All systems entail risk. As has just been demonstrated,
a government-run system for terrorism-prevention does not eliminate risk.
It only eliminates the superficial appearance of risk. This is far more
dangerous than an honest approach in which risk is recognized and
individuals are encouraged to deal with it instead of running to their
elected representatives and asking to be protected.

"A free society is not a suicide pact"? No, it's a matter of principle,
and of courage. I really think you should reconsider your political
affiliations.

--Charles Platt
Senior Writer, Wired magazine

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From freematt@coil.com  Fri Sep 28 13:24:22 2001
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 Commentary
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From: "Nick Gillespie" 
To: "Tim May" , 
Cc: , , 
,"Charles Platt" 
Subject: RE: Defeatist Compromising Commentary From Reason Magazine
Date: Thu, 27 Sep 2001 12:57:57 -0400

All,

I appreciate your response to Cathy Young's recent column that was 
originally written for the Boston Globe and posted recently to 
reason.com. As I've noted to the Politech list, Young is a highly 
valued and often controversial contributor to REASON, both in print 
and on line, and I'm happy to post her writings even when I disagree 
with her on a specific issue, including encryption and whether the 
threat of terrorism should shrink civil liberties.

As you may know, I and other members of the REASON writing community 
consistently and adamantly argue in favor of unfettered encryption, 
freedom from government oversight, and maximum civil, personal, and 
economic liberties in all spheres of human activity. For the 
unconvinced, I recommend a wider walk through our site and our print 
magazine (including our December issue, which features 
Declan McCullagh's contribution--among others--to a symposium about 
which civil liberties are most at risk in the government's new total 
war against terrorism).

Yours,

Nick

**************
Nick Gillespie
Editor-in-Chief
REASON magazine


**************

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Mommy liberty packs a gun
----------
by Eliza Gauger
    In the wake of September 11, a 17-year old high school
    student's drawing of Mommy Liberty is spreading across the
    U.S., in newspapers as well as on the Internet, on T-shirts,
    and even on coffee mugs. (09/26/01)

http://www.wired.com/news/photo/0,1860,47102,00.html


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From: Matthew Gaylor 
Subject: E-Surveillance Analyses Needed for Internet Caucus Compendium
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From: SImparl@aol.com
Date: Fri, 28 Sep 2001 15:06:13 EDT
Subject: Fwd: E-Surveillance Analyses Needed for Internet Caucus Compendium
To: freematt@coil.com

Matt,

I am on the Internet Caucus Advisory Committee.  Please help, if you 
can provide the requested information.  Please contact Tim Lordan 
with any questions.  (His contact information appears at the end of 
the e-mail. message.)

Please post this to Freematt's Alerts, if you think your readers will 
be interested in this.

Thanks,

Steve Imparl

Date: Fri, 28 Sep 2001 13:29:48 -0400
Subject: E-Surveillance Analyses Needed for Internet Caucus Compendium
From: Tim Lordan 
To: 


Internet Caucus Advisory Committee Members (and others):

********* PLEASE CIRCULATE WIDELY UNTIL  Tuesday, October 2, 2001
DEADLINE***************

The Co-Chairs of the Congressional Internet Caucus have called upon the
resources of the Advisory Committee and its members to provide any and all
analyses "of current and future proposals to protect national security and
their impact on the communications infrastructure." (See Co-Chair Letter
September 24 at http://www.netcaucus.org/antiterrorism/letter.gif ).

Therefore, the ICAC staff  is asking for any and all analyses and
educational materials on the various anti-terrorism proposals under
consideration on Capitol Hill that affect the Internet or communications
privacy in general.  These proposals include: 1) the DOJ anti-terrorism
bill, 2) Rep. Lamar Smith's bill, 3) the Sept. 13 amendment to the CJS
appropriations, and 4) any other bills of being tracked by ICAC members that
were offered in response to the terrorist attacks of Sept. 11.

We are specifically seeking submissions in the following (overlapping)
categories:

- Title III, including the changes in Title I, subtitle A of the
Administration's bill
- FISA, including the changes in Title I, subtitle B of the Administration's
bill
- ECPA, e.g., the nationwide search warrants in sec. 108 of the
Administration's bill
- Pen Register and Trap & Trace, e.g., section 101 of the Administration
bill
- Encryption

We will compile all the materials we receive and place them into a
Legislative Briefing Compendium and distribute them in printed, online, and
CD-ROM format to Congressional staff.

For this limited instance, you may request that materials be reproduced
without attribution; if you are a law firm, you may submit a memo without
revealing whom it was written for.

If your organization would like to have your analyses included in this
Compendium, please follow the guidelines below.

The Compendium on these electronic surveillance issues is for the sole
purpose of educating Members and staff.

SUBMISSION GUIDELINES
The ICAC will accept submissions -- according to the Guidelines below --
until COB Tuesday, October 2, 2001, with the goal of producing the
Compendium and circulating it to Congressional offices on Thursday, October
4.  As the deadline draws near, submissions not complying with these
Guidelines risk rejection for lack of time to make necessary revisions.

Each submission should be tailored to a specific section of the Compendium
based on the outline below.

- Title III, including the changes in Title I, subtitle A of the
Administration's bill
- FISA, including the changes in Title I, subtitle B of the Administration's
bill
- ECPA, e.g., the nationwide search warrants in sec. 108 of the
Administration's bill
- Pen Register and Trap & Trace, e.g., section 101 of the Administration
bill
- Encryption

You MUST indicate the appropriate category when submitting.  If you have one
document covering more than one category, you have three options: 1) keep it
whole and submit it in the "introduction category" if appropriate;  2)
break it into pieces yourself; or 3) make a request that it remain whole
within a category with pointers from others. Because of the heavy demand and
tight schedule, we cannot promise that requests will be met and we may have
to edit documents if they contain information irrelevant to the outline.

2)  Please send materials in an electronic format (e.g. MS Word
[preferred]; WordPerfect, plain text, PDF).  Faxes, hard copies and URLs
will NOT be accepted.

3)  Materials should include header information in both the email and on the
document.

Please indicate:

*  the organization that is submitting (unless submitting without
attribution)

*  comments and requests with the contact person of that organization with
their phone number/email.

4) By submitting materials to the Compendium, you are giving us your
assurance that you are giving us all required copyright permissions to
reprint the materials.

5)  Email all submissions to briefing@netcaucus.org

An archive of this email will remain at
http://www.netcaucus.org/antiterrorism/ until further notice.

Contact Tim Lordan at 202-638-4370 with any questions.

Tim Lordan
Internet Caucus Advisory Committee
202-638-4370
tim@netcaucus.org

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Date: Fri, 28 Sep 2001 16:18:06 -0400
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Subject: John Lott: Only Guns Can Stop Terrorists It's harder to victimize
 armed citizens.
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http://www.opinionjournal.com/extra/?id=95001226

FIGHTING BACK

Only Guns Can Stop Terrorists
It's harder to victimize armed citizens.

BY JOHN R. LOTT JR.
Friday, September 28, 2001 12:01 a.m.

President Bush yesterday unveiled a plan to tighten airline security,
ranging from employing the National Guard at airports to place more
marshals on flights. Those are important steps, but they won't be
enough, especially since no one knows where the terrorists will
strike next. The only adequate response is to encourage more
ordinary, responsible citizens to carry guns, as Israel has done.
Screening at airports, while important, will always be inadequate;
terrorists will always figure some way to circumvent the controls--
for instance, by bribing airport employees. Strengthening cockpit
doors is probably a good idea, but given current airline design it
may create dangerous differences in air pressure between the cockpit
and cabin. In any case, the door must be opened sometime, to allow
pilots to go to the bathroom or get food.

The marshals program is more promising. Empirical research by Bill
Landes at the University of Chicago found that between a third and a
half of the drop in airplane hijackings during the 1970s could be
attributed to the introduction of armed U.S. marshals on planes and
an increased ability to catch and punish hijackers.

But to put just one marshal aboard every daily flight in the U.S.
would require at least 35,000 officers--far more than currently work
for the FBI, Secret Service and U.S. marshals combined (17,000). And
one marshal might not be enough to foil a whole gang of hijackers, of
the kind used by Osama bin Laden. Clearly it will take a long time to
deploy enough marshals.

There are things we can do in the meantime. There are about 600,000
active state and local law enforcement officers in the U.S. today.
They are currently forbidden from bringing their guns on airplanes.
That should change. They should even be given discount fares if they
fly with their guns. Most pilots have also had military experience.
The request of their union to arm pilots should be granted; this is
what El Al has done for a long time.

Fears of having guns on planes are misplaced. The special, high-
velocity handgun ammunition used on planes packs quite a wallop but
is designed not to penetrate the aluminum skin of the plane. Even
with regular bullets, the worst-case outcome would simply be to force
the plane to fly at a lower altitude, where the air pressure is
higher.

The use of guns to stop terrorists shouldn't be limited to airplanes.
We should encourage off-duty police, and responsible citizens, to
carry guns in most public places. Cops can't be everywhere.
In Israel, about 10% of Jewish adults have permits to carry concealed
handguns. To reach Israel's rate of permit holding, Americans would
have to increase the number of permits from 3.5 million to almost 21
million. Thirty-three states currently have "right-to-carry" laws,
which allow the law-abiding to obtain a permit if they are above a
certain age and pay a fee. Half of these states require some
training. We should encourage more states to pass such law, and
possibly even subsidize firearms training.

States that pass concealed handgun laws experience drops in violent
crimes, especially in multiple victim shootings--the type of attack
most associated with terrorism. Bill Landes and I found that deaths
and injuries from multiple-victim public shootings fell by 80% after
states passed right-to-carry laws.

Passing right-to-carry laws might even deter terrorist attacks. True,
some terrorists are suicidal, but they still want to cause maximum
carnage. They know the "return" on their terrorism would rapidly
diminish to the vanishing point if faced with gun-wielding "victims."
Mr. Lott is a resident scholar at the American Enterprise Institute
and the author of "More Guns, Less Crime" (University of Chicago
Press, 2000).


Copyright © 2001 Dow Jones & Company, Inc. All Rights Reserved.

__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---


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Date: Fri, 28 Sep 2001 16:11:46 -0400
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From: Matthew Gaylor 
Subject: Richard Stevens On His NRA Membership
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Date: Wed, 26 Sep 2001 22:09:10 -0700 (PDT)
From: Richard Stevens 
Subject: Matt -- Something a little different
To: Matthew Gaylor 

Matt,

I renewed my membership to the NRA recently -- mainly
to get the magazine -- and received a "Member Survey"
on September 25, 2001.

The first multiple-choice question was:

"What is your primary reason for owning a firearm?

o- hunting

o- collecting

o- personal/family protection

o- do not own any firearms

o- target

o- other  _________________"


Now, I ask all NRA members this question:

"What option -- what huge reason for having a firearm
-- is not even presented on the questionnaire?"


How about:

o- Armed citizen

or

o- Defense against tyranny


NRA members need to ask themselves -- and NRA
management:

why doesn't the NRA even present either of these
options to its membership, when these were *the
reasons* underlying the Second Amendment??

--Richard Stevens

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Date: Fri, 28 Sep 2001 16:14:57 -0400
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From: Matthew Gaylor 
Subject: Senator Smith Introduces Bill Allowing Pilots to Carry Guns
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Date: Wed, 26  Sep  2001 15:46:48 -0400
From: Gun_Owners_of_America@mailmanager.net
Subject: More Action on Arming Pilots

Senator Smith Introduces Bill Allowing Pilots to Carry Guns
   -- Please contact your two senators and ask them to cosponsor bill

Gun Owners of America E-Mail/FAX Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408
http://www.gunowners.org


ACTION:  Please contact your two senators and ask them to cosponsor
Sen. Bob Smith's legislation, S. 1463.  Do not accept a
non-committal reply.  Demand to know whether your senators will
cosponsor the bill.  Call 202-224-3121 -- to identify your senators,
as well as to send a pre-written message via e-mail, see the
Legislative Action Center at http://www.gunowners.org/activism.htm
on the GOA website.


(Wednesday, September 26, 2001) -- It appears that the crusade for
concealed carry is gaining momentum -- especially as it applies to
pilots.  Here's what has happened in the last two weeks:

   * Rep. Ron Paul (R-TX) introduced H.R. 2896 to let pilots carry
   guns on airplanes for the purpose of defending not only the lives
   of their passengers, but other innocent civilians as well.

   * Pilots, en masse, are speaking out in favor of this legislation.

   * The Air Line Pilots Association has even petitioned Congress,
   asking the legislature to let pilots carry guns.

   * Web polls, such as one conducted by CNN with over 100,000 votes,
   are finding that the overwhelming majority of the public (72%)
   favors arming pilots.

And now, Senator Bob Smith (R-NH) has introduced S. 1463 to
accompany the Paul legislation.  Similar to the House bill, the
language of S. 1463 is sufficiently flexible so that it would
overturn the current FAA regulation encouraging airlines to veto
firearms for pilots.  In addition, it would preempt a rumored FAA
regulation which would absolutely outlaw firearms in the hands of
pilots.

Sen. Smith is prepared to force a vote on his language as soon as
the number and range of Senate cosponsors suggest that the language
would prevail in a Senate vote.  Therefore, it is imperative that
we get a massive number of cosponsors on this bill.

IMPORTANT NOTE TO PILOTS:  Your role is critical in this battle.
Please make sure that you contact your two senators and that you ask
your fellow pilots to do the same.  If possible, arrange for a
meeting with your senators so that you and a couple of other pilots
can meet with them.


DEBUNKING THE MYTHS OF GUNS ON PLANES

One objection that Senate offices may throw at you is this supposed
idea that a bullet hole in an airplane's hull can cause catastrophic
depressurization or cause the ship to crash.  First, one should note
that such an argument against pilots carrying guns would also apply
to Federal Air Marshals.  But the fact is, pre-fragmented ammo can
minimize the supposed risks of a bullet puncturing a plane's hull.

Having said that, writer David Kopel (along with author and pilot,
Captain David Petteys) notes that the risks related to the hull
being punctured are greatly exaggerated.  In a recent National
Review Online article dated September 16, they state, "There is only
one known instance in which a bullet hole in an aircraft frame
yanked objects across the plane, expanded, and sucked a person out
into the sky.  That was the James Bond movie Goldfinger.  The movie
was not intended to teach real-life lessons about physics." (Go to
http://www.nationalreview.com/kopel/kopel091401.shtml to read the
entire article.)

Aircraft engineers have likewise downplayed the ability of a few
bullets to depressurize a plane.  "If one round, or two or three for
that matter pierce the skin [of a plane]," says Dan Todd, a licensed
aircraft engineer for 20 years, "it's not necessarily catastrophic."
Todd says that in such a case, "air will go whistling out the hole,
and the outflow valve will close a little further to maintain the
desired cabin pressure."  Another engineer notes that "a Boeing 747
can lose five cabin windows and maintain cabin pressure." (Go to
https://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=2474
for articles dispelling myths relating to guns & planes.)

If you are not currently receiving the full GOA membership benefits
(such as The Gun Owners newsletter in the mail), go to
http://www.gunowners.org/ordergoamem.htm on the web to sign up; or
call toll-free at 1-888-886-GUNS.  GOA's upcoming newsletter will be
a SPECIAL ISSUE entirely devoted to this month's bombing, and will
include some of the best commentary on the myths and realities of
allowing guns on planes.



----- Pre-written letter -----


Dear Senator:

Senator Bob Smith has introduced one of the most important bills
this Congress.  S. 1463 will help drive a stake into the heart of
terrorism by virtually guaranteeing that no American airplane will
ever be skyjacked again.

S. 1463 will allow pilots to carry guns onto a plane, and thus,
allow them to not only protect the lives of their passengers, but
the lives of other innocent civilians as well.

I urge you to cosponsor this legislation right away.

At a time when Americans are fearful of flying and the airlines are
laying off workers by the thousands; at a time when the economic
aftershocks of the September 11 skyjackings are still reverberating
on Wall Street; it is high time to ensure the absolute safety of
airline passengers.

Please don't believe those fear-mongers who would peddle the
Hollywood myth that a bullet hole in a plane's hull can cause
catastrophic depressurization or force the aircraft to crash.  That
is science fiction.  Think about all the military planes that, in
the midst of battle, have been riddled with dozens of bullets and
continued flying -- only to land safely miles away.

As noted by author David Kopel and pilot Captain Petteys:  "There is
only one known instance in which a bullet hole in an aircraft frame
yanked objects across the plane, expanded, and sucked a person out
into the sky.  That was the James Bond movie Goldfinger.  The movie
was not intended to teach real-life lessons about physics."

Kopel also quotes retired Air Force General James Chambers who
points out that "the Air Force has plenty of pressurized planes,
such as AWACS, which are able to sustain penetration/damage from
bullets from enemy fighter jet machine guns."

It is imperative that America not continue its current policy of
making airplanes into gun free zones.  America is rejecting this
idea.  The Air Line Pilots Association supports arming pilots.
According to a CNN web poll, 72% of the American public supports
arming pilots.

The Smith legislation may be the most important bill you cosponsor
this year.  Again, I urge you to sign on to S. 1463.  Gun Owners of
America will keep me abreast as to who is signing on to this bill.
Thank you.

Sincerely,

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September 27, 2001

In the Next Chapter, Is Technology an Ally?

By KATIE HAFNER

OVER the last two weeks, computer scientists and others who think about
technology have wondered aloud about its likely role in countering
terrorism -- or in carrying it out. Have the limitations and dangers of
technology been overlooked? Where, on the other hand, might technological
innovation emerge or be redirected as a result of recent events?

For Ray Kurzweil, an expert in artificial intelligence and an innovative
figure in computing, the events are already accelerating technologies that
allow work, and people, to be dispersed rather than centralized. Security
experts like Peter Neumann point to the renewed interest - and perhaps
unfounded confidence - in technologies to confirm identities and track
movements.

"Overendowing high-tech solutions is riskful," Dr. Neumann said, "in the
absence of adequate understanding of the limitations of the technology and
the frailties and perversities of human nature."

Mr. Kurzweil and Dr. Neumann, a computer scientist at SRI International, a
research group in Menlo Park, Calif., were among six technology experts
invited by Circuits to assess the challenges ahead. The other participants
were Bruce Sterling, a science fiction author who writes frequently about
technology; Lawrence Lessig, a professor at Stanford Law School who has
written extensively on law and the Internet; Severo Ornstein, a retired
hardware engineer and one of the computer scientists who worked on the
original Arpanet, the precursor to the Internet; and Whitfield Diffie, the
inventor of public key cryptography, a method of encoding electronic
communications.

Each has been in the public eye for a decade or more, thinking and writing
about the promise and peril of technology. Some are more sanguine than
others about a high-tech society.

Their discussion, conducted last weekend by e-mail, touched on technology's
possible uses in fostering security and on the issues that will arise along
the way. Here are excerpts from the conversation.

Q. What role will technological innovation play in responding to terrorism?

Lessig These attacks could spur a great deal of technological innovation.
The hard question is whether the innovation will be tailored to protect
privacy as well as support legitimate state interests in surveillance and
control. We as a culture think too crudely about technologies for
surveillance. The conflict is always framed as some grand either/or. But if
we kept pressure on the innovators and, in particular, the government, to
develop technologies that did both, we could preserve important aspects of
our freedom, while responding to the real threats presented by the attacks.

Kurzweil The Sept. 11 tragedy will accelerate a profound trend already well
under way from centralized technologies to distributed ones and from the
real world to the virtual world. Centralized technologies are subject to
disruption and disaster. They also tend to be inefficient, wasteful and
harmful to the environment. Distributed technologies, on the other hand,
tend to be flexible, efficient and relatively benign in their environment
effects.

In the immediate aftermath of this crisis, we already see a dramatic
movement away from meetings and conferences in the real world to those in
the virtual world, including Web- based meetings, Internet-based
videoconferencing and other examples of virtual communication.

Despite the recent collapse of market value in telecommunications,
bandwidth nonetheless continues to expand exponentially, which will
continue to improve the resolution and sense of realism in the virtual
world. We'll see a great deal of innovation to overcome many of the current
limitations.

Diffie Revision of the air traffic control system together with that of
other industrial command and control phenomena will push reliability and
security in computing and computer communications. Such systems may provide
a testing ground for the command and control of ballistic missile defense
systems in which response times may be slower but the spectrum of phenomena
requiring analysis will be broader.

Attempts to control the use of cryptography and other security measures
will make the development of improved command and control networks more
difficult and may impede this task by limiting the people who can
contribute to approved government and contractor personnel.

Lessig This "scenario of terror" was not low tech, for its impact was not
just the impact of the souls who were lost. As powerful was the effect of a
world watching as it occurred. The technology of a networked world meant
that scores of television cameras would be trained on the south tower, to
capture the horror of the delayed second impact. And the extraordinary
impact of these killings in two cities is the product of a heavily
integrated - technologically integrated - world community. Terrorists take
advantage of this technology to have the effect they seek. Elsewhere, in
places without this technology, it would not have the same effect.

Diffie Larry, this is a great observation. I wonder if it will be possible
to discover whether the attackers had that subtlety of thought.

Q. Larry Lessig says that the hard question is whether innovation will be
tailored to protect privacy as well as support legitimate state interests
in surveillance and control. Do you agree that we as a culture tend to
think too crudely about technologies for surveillance? Where do you think
the trade-offs should be?

Neumann The most elaborate technological measures are likely to be
inadequate, misused and subverted. Surveillance is all too easily misused.
Trapdoors in cryptography to facilitate law enforcement can be misused.
Existing system security is seriously flawed. As a result, we must avoid
expecting technological security measures to be adequate in protecting
privacy. So, ultimately, we have a double-edged sword. Techniques to
protect can be used to subvert, attack or otherwise compromise human
rights, nation states and organizations. The problems are inherently human,
and technology can be used for good or bad.

Sterling The question is badly put. I don't worry much about Big Brother
states surveilling average citizens. It's just not cost-effective, and what
Mom says in Peoria just doesn't interest the serious power players in
spydom. I do worry plenty about sneaky political operatives carrying out
dirty-tricks campaigns against the private lives of prominent politicians.
The payoff there is huge. It can destabilize legitimate governments more
effectively than terrorism.

I don't think there's a good trade- off here. If we're going to use
surveillance as a weapon, then we should trust our democratic traditions
and arm the population with it.

Kurzweil The nature of these terrorist attacks and the organization behind
it puts civil liberties in general at odds with legitimate state interests
in surveillance and control. The entire basis of our law enforcement
system, and indeed much of our thinking about security, is based on an
assumption that people are motivated to preserve their own lives and
well-being. That is the logic behind all of our strategies from law
enforcement on the local level to mutual assured destruction on the world
stage. But a foe that values the destruction of both its enemy and itself
is not amenable to this line of attack.

Lessig This is a critically important insight. The real problem we face is
not slowness in technological innovation. The real problem is slowness in
legal and civil rights innovation in response to the technological change.
It was not until the late 1960's that the Supreme Court finally held that
wiretapping was regulated by the Fourth Amendment.

The reason for this failing has lots to do with the way lawyers think. We
are reactive traditionalists. It is hard to think creatively. But if we
used the same kind of innovative creativity that our Framers used in
crafting our government, we could craft creative balances between
technological capabilities and human weakness. Technologies can't be
guaranteed to be used only for the good. But technologies placed within
well-crafted institutional structures can be made more likely safe than not.

Diffie (Disclosure: I am in the protection business.)

In my view the natural trade-off is a broad public right to inquire (i.e.,
listen to the radio, point infrared sensors around, make video recordings,
analyze the data from the sensors with computers, etc.) and the right of
the individual to employ protection from surveillance (cryptography,
insulated walls, wearing a mask, using pseudonyms, etc.). This presumes a
commercial right to make and sell products that support the individual's
desire for privacy.

I read in the documents of the revolutionary era a recognition of a broad
right of the individual to act on self-perceived interest and generally not
to be required to cooperate with someone else's view of those interests.
This seems to me roughly what freedom means. The trends in contemporary
society that most bother me are not so much government use of wiretaps or
video cameras but such things as the requirement that cash transactions
over $10,000 be reported to the I.R.S., that I must show identification to
travel, etc.

Ornstein I think there is a genuine tension between the desire for security
and for privacy/individual freedom. This is just an instance of the more
general conflict between the needs and desires of the individual and those
of the larger society.

Today's technology permits small numbers of people to wreak a
disproportionate amount of havoc. (Without jet airplanes, the hijackers
couldn't have done much damage with their box cutters.) I suspect the
debate about where to draw the security line will probably be ongoing and
will depend on how much damage occurs in the future: The more damage, the
tighter we'll circle the wagons.

Copyright 2001 The New York Times Company | Privacy Information

__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---


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Date: Fri, 28 Sep 2001 03:59:40 -0400
From: Paul Spirito 
Subject: "a transcription error"
Organization: Nihidyll

http://www.nytimes.com/2001/09/28/business/media/28TUBE.html

        [...]

        On Wednesday, Ari Fleischer, the White House press
        secretary, denounced Mr. Maher, saying of news
        organizations, and all Americans, that in times like these
        "people have to watch what they say and watch what they do."

        When the White House later released the official transcript
        of Mr. Fleischer's briefing, the portion of his comments
        urging people to "watch what they say" was not included.
        When that sparked yet another round of discussion over Mr.
        Fleischer's comments, Anne Womack, an assistant to Mr.
        Fleischer, said yesterday that the transcript did vary from
        the remarks Mr. Fleischer made. She called it "a
        transcription error."

        [...]

        In a more subtle reaction to a break with the unified front,
        correspondents for newspapers and television networks said
        administration officials stopped returning their phone calls
        for a time after they expressed skepticism about the White
        House assertion that Air Force One had been threatened by
        terrorists. That story was challenged in several news
        accounts this week and the White House abruptly stopped
        talking about it.

        The Bush administration's sensitivity about coverage of the
        crisis was also on view this week when the State Department
        spokesman, Richard Boucher, criticized the Voice of America
        for defying State's wishes and broadcasting a report based
        on its interview with Mullah Mohammad Omar, the reclusive
        leader of Afghanistan's ruling Taliban militia.

        [...]

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Date: Fri, 28 Sep 2001 16:26:35 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: President Bush on national ID cards; followups to European use
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Date: Thu, 27 Sep 2001 15:29:48 -0400
To: politech@politechbot.com
From: Declan McCullagh 
Subject: FC: President Bush on national ID cards; followups to European use
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
X-News-Site: Cluebot is at http://www.cluebot.com/

See also:

"President Bush Nixes National ID Card"
http://www.wartimeliberty.com/article.pl?sid=01/09/27/1739211&mode=thread

*********

Date: Tue, 25 Sep 2001 20:09:10 +1000
To: declan@well.com
From: Roger Clarke 
Subject: Re: FC: More on national ID card and use in western Europe

>Australia had a fight about this some few years ago (the ID card fans lost):
>http://www.privacy.org/pi/activities/idcard/

Re the Australia Card scheme, see also:

Just Another Piece of Plastic for your Wallet:  The 'Australia Card' Scheme
http://www.anu.edu.au/people/Roger.Clarke/DV/OzCard.html
Prometheus 5,1 (June 1987). Republished in Computers & Society 18,1 
(January 1988), together with an important Addendum, published in 
Computers & Society 18,3 (July 1988)

Re inhabitant registration schemes, see also:

Human Identification in Information Systems:
Management Challenges and Public Policy Issues
http://www.anu.edu.au/people/Roger.Clarke/DV/HumanID.html

Chip-Based ID: Promise and Peril
http://www.anu.edu.au/people/Roger.Clarke/DV/IDCards97.html

-- 
Roger Clarke              http://www.anu.edu.au/people/Roger.Clarke/

Xamax Consultancy Pty Ltd, 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                 Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke@xamax.com.au  http://www.xamax.com.au/

Visiting Fellow                       Department of Computer Science
The Australian National University     Canberra  ACT  0200 AUSTRALIA
Information Sciences Building Room 211       Tel:  +61  2  6125 3666

*********

From: PRGormley@aol.com
Date: Tue, 25 Sep 2001 08:40:55 EDT
Subject: Re: FC: More on national ID card and use in western Europe
To: declan@well.com

Not that I am an advocate of national ID Cards, as a criminal defense
attorney my knee-jerk response would be against them - but I seriously
question (bearing in mind my stated position) what we would have left to lose
in terms of personal liberties.

We're already widely tracked by SSN despite FCRA/GLB acts, we already have
passports - aren't we already on a national ID system?

- Paul Gormley

*********

From: "Trei, Peter" 
To: "'declan@well.com'" ,
         "'joseg@guardiasociados.com'"
         
Subject: RE: More on national ID card and use in western Europe
Date: Tue, 25 Sep 2001 09:43:15 -0400

>  Jose M Guardia  writes:
>
>  Hi,
>
>  In fact, a mandatory ID is *current* policy all over Western Europe. I'm
>  not implying it should be also in the US, I just wanted to clarify the
>  fact
>  that it's something "normal" in democratic countries as well.
>
>  Best
>
>  Jose
>
This is utter nonsense. None of the following Western European
countries require ID cards: Britain, Ireland, Danmark, Norway,
Finland, or Sweden.

WE Countries which do require them include Germany, France
Belgium, Greece, Luxembourg, Portugal and Spain.

Outside, WE, none of the following require them: US, Canada,
New Zealand, Australia

(none of the lists above are exhaustive)

Source: http://www.privacy.org/pi/activities/idcard/idcard_faq.html
(this is a good source, and shows how some countries
have successfully prevented governments from imposing ID cards.)


If nations are going to insist on ID cards, they should do them
in an efficient way; tattoo each citizen's name and number on
their forearm. This method is tried and tested, and found very
effective: he or she cannot lose, forget, or lie about their ID.

Peter Trei

*********

From: Puzzleelement@aol.com
Date: Tue, 25 Sep 2001 08:44:16 EDT
Subject: Fwd: National ID card - response from German scientist/web publisher
To: declan@well.com


Return-Path: 
References: 
Date: Tue, 25 Sep 2001 12:48:47 +0200
To: Puzzleelement@aol.com
From: "Dre." 
Subject: Re: National ID card
Cc: nancyjoyalvarez@hotmail.com, MBottis@aol.com,
         FloridaDemocrat@yahoogroups.com, Csinger7373@aol.com,
         SGOODMANTV@aol.com, VINLINE@aol.com, cseiersen@trammellcrow.com,
         CitizensForLegitimateGovernment@yahoogroups.com,
         fight-the-right@yahoogroups.com, fringefolk@yahoogroups.com,
         Dem-FL@yahoogroups.com
Content-Type: text/plain; charset="us-ascii" ; format="flowed"
X-Mailer: Unknown (No Version)


Also sprach Puzzleelement@aol.com um 11:13 Uhr -0400 am 24.09.2001:

>Matt Drudge writes:
>http://www.drudgereport.com/id.htm
>>A proposal for the creation of a national ID card was presented to
>>President Bush in recent days, top government sources tell the DRUDGE REPORT.
>
>http://www.siliconvalley.com/docs/news/svfront/ellsn092301.htm
>>``We need a national ID card with our photograph and thumbprint digitized
>>and embedded in the ID card,'' Ellison said in an interview Friday night
>>on the evening news of KPIX-TV in San Francisco.
>>``We need a database behind that, so when you're walking into an airport
>>and you say that you are Larry Ellison, you take that card and put it in a
>>reader and you put your thumb down and that system confirms that this is
>>Larry Ellison,'' he said. [...]
>>``We're quite willing to provide the software for this absolutely free,''
>>he said.
>
>----
>
>(...)
>
>Dear Declan,
>
>According to Drudge, Larry Ellison is now offering to donate the technology
>to create a national ID card.  What else would we expect from a firm that
>was created by the CIA:
>
>http://beta.kpix.com/news/scripts/fri5pm.htm#77tz:_Ellison
>
>(...)

C'mon my dear American friends, is that your greatest worry?

In Europe, national ID cards are common in every country since at 
least 50 years now, and there have never been any privacy problems. 
Even not after the computer-readable IDs were introduced some 15 
years ago which caused a lot of resistance on sides of privacy 
advocates.

There is much more privacy-relevant activities going on, let me tell 
you this as a citizen that has been spied out by you my friends and 
allies since my birth (Hi Langley! Hi Fort Mead!).

And the security aspect of the IDs? Do you really think a Florida 
Highway Patrol knows how a true Iowa drivers license looks like? Or a 
NY cop can tell if he checks an Omaha license?

To base ID'ing on drivers licenses that can be counterfeit by any 
skillful 5th-grader is ridiculous! Together with the fact, that after 
a move from town A to city B, no-one is required to get registered 
with the local authorities (as is in Europe), it is nowhere so easy 
for an extremist / militant / terrorist to become invisible...!

[In Germany, when you move and sign a rent-contract with your new 
landlord or buy a house, you have to sign a form that your landlord 
has to forward to the local authorities. You're requested to see the 
local administration office near you and either apply for a new ID 
(that lists your residential address) or get an address sticker as a 
patch for the old ID which then gets an official stamp.
Of course, that didn't prevent some of the WTC terrorists to rent 
apartments in Hamburg, simply because they had absolutely no criminal 
history, but at least the police is able to quickly follow the traces 
and ID their contacts and helpers...]

BTW, we too have a discussion going on, wether the IDs should include 
finger prints, as a "unique mean of ID". But I find the argumentation 
very lame: if anyone can manage to counterfeit those sophisticated ID 
cards, then including the right fingerprint will certainly be no 
obstacle.
But I guess it'll rather be dropped because of the costs to issue new 
IDs for 110 M Germans or more than a half billion EU-Europeans 
(Easterners and Russians not counted)

One might have to think this over in the age of biometric-ID'ing 
coming up, but that's probably beyond the scope of discussion here... 
(correct me if I'm wrong!)

best regards

Dre.

p.s. beware of the WTC-vote virus that'll wipe out your hard drive! 
for details, please see the below mentioned web site!

*********

Date: Tue, 25 Sep 2001 12:10:28 +0200
To: declan@well.com
From: Tor Fosheim 
Subject: Re: FC: More on national ID card and use in western Europe

Declan,

This needs further clarification. Most EU countries have national ID 
cards - passports - but few demand that their citizens carry them at 
all times. It is impossible in any modernized nation to get by 
without som form of identification, but that does not mean that 
states are imposing them on their citizens or that police can stop 
any person on the street and demand to see their papers. This is 
certainly not the case in european nations, with one exception that I 
know of:
In France they have enacted laws for immigration (in the mid-nineties 
i believe), where any person of foreign "appearance" - african or 
asian - can be asked for their ID at any time. This is the only law I 
know of that demands any part of the populace to carry ID cards and 
produce them to authorities, and it was not without protest that it 
came to life.

In Britain they have been debating national ID cards for ages, and 
there seems to be a consensus against them. It remains to be seen 
wether events of late will change that, but it just might.

So, there seems to be some confusion about ID-papers and the laws 
that govern them. We all have ID papers, but not the laws that allow 
them to be checked by police unless they have a court order, 
suspiscion of a crime or something similar.

In any case, no european country has anything even close to Ellisons 
proposed smart-cards with fingerprints or DNA strings programmed into 
them that can be checked against a national database. It is highly 
unlikely that it will ever happen either. So is a common EU ID-card, 
at least for next ten years or so.

Regards,

Tor Fosheim,
Oslo

*********

Date: Tue, 25 Sep 2001 11:50:12 +0100
To: declan@well.com, Jose M Guardia 
From: Tim Dedopulos 
Subject: Re: FC: More on national ID card and use in western Europe

Hi Declan, Jose

>In fact, a mandatory ID is *current* policy all over Western Europe. 
>I'm not implying it should be also in the US, I just wanted to 
>clarify the fact that it's something "normal" in democratic 
>countries as well.

... except for the UK. At least, until now. As this link shows,
http://news.bbc.co.uk/hi/english/uk_politics/newsid_1559000/1559245.stm
the idea isn't going down too well, but the government's majority in parliament
is huge, and there's no stopping it. It has been suggested that UK ID cards
would include photo, current address, date of birth, SSN, and, strangely,
details of entitlement to social security benefits -- so any police officer
stopping a Brit in the street would immediately be able to see whether
he was on Social or not, which seems likely to be used to make
prejudicial assessments.
--
                   Imagine there were two of you. Which one would win?

                                tim@midnight.demon.co.uk

*********

From: John Armitage 
To: "'declan@well.com'" 
Subject: RE: More on national ID card and use in western Europe
Date: Tue, 25 Sep 2001 11:49:42 +0100

Hi Declan
Just to correct your last correspondent who seems to believe that ID cards
are current policy in Europe: They aren't. In fact, there is likely to be
one hell of a fight over it in the UK. See below for a taste from today's
Guardian.

John
=======================================
Identity cards

http://politics.guardian.co.uk/attacks/story/0,1320,557630,00.html

Un-British or vital? The ID debate

THE GUARDIAN

As introduction becomes more likely, opinions differ on both ethical and
practical grounds

Alan Travis, home affairs editor
Tuesday September 25, 2001
The Guardian

David Blunkett's suggestion that the introduction of compulsory identity
cards in Britain could be necessary as part of the fight
against terrorism yesterday stirred a range of criticism - from rightwing
libertarians who claimed it would be "un-British", to
those who warned the move would be ineffective and expensive.

However, an opinion poll at the weekend showed that 86% of people supported
some form of ID card. The government was
seriously considering their introduction, Mr Blunkett said.

[...]

*********

Date: Tue, 25 Sep 2001 07:52:34 -0400
From: Tom BOURKE 
Subject: Re: FC: More on national ID card and use in western Europe
To: declan@well.com

Declan,

There are no identity cards in Ireland or the UK... yet...

Although I suspect the UK will try and bring them in soon... 
http://www.theregister.co.uk/content/55/21849.html

Tom
(From the UK, with his wife from Ireland)
NJ, USA

*********

From: "Singleton, Norman" 
To: declan@well.com
Subject: RE: More on national ID card and use in western Europe
Date: Tue, 25 Sep 2001 08:41:47 -0400

>In fact, a mandatory ID is *current* policy all over Western Europe. I'm
>not implying it should be also in the US, I just wanted to clarify the fact
>that it's something "normal" in democratic countries as well.

Another reminder that democratic does not equal free.

*********




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Date: Fri, 28 Sep 2001 16:59:31 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Comments On Cathy Young's Defeatist Compromising Commentary From
 Reason Magazine
Cc: gillespie@reason.com
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Date: Wed, 26 Sep 2001 16:52:41 -0700
To: Matthew Gaylor 
From: David Theroux 
Subject: Re: Defeatist Compromising Commentary From Reason Magazine

Dear Matt,

Good for you.

Best regards,

David J. Theroux
Founder and President
The Independent Institute
100 Swan Way
Oakland, CA 94621-1428
510-632-1366 Phone
510-568-6040 Fax
DTheroux@independent.org
http://www.independent.org

###

Date: Wed, 26 Sep 2001 18:10:38 -0600
From: "L. Neil Smith" 
X-Accept-Language: en
To: Matthew Gaylor 
Subject: Re: [smith2004-discuss] Defeatist Compromising Commentary 
From Reason Magazine

Matt --

     I will deal with the assholes, CATO and _Reason_ with enthusiasm,
just as soon as my other writing chores this week are completed. I will
make them sorry they were ever fucking born.

Sharpening my teeth,

N.
--
......................................................................
L. NEIL SMITH is the award-winning author of more than 20 novels about
individual liberty and the right to own and carry weapons.   Read more
than 80 articles and speeches:  buy _LEVER ACTION: ESSAYS ON LIBERTY_,
for $21.95+$6 S&H from http://www.webleyweb.com/lneil/leveraction.html

Order Neil's latest novel,  _HOPE_ (with Aaron Zelman), get free stuff
and a special offer: click on:  or read
about MAKING A MOVIE OF _The Mitzvah_ the action-adventure thriller by
Aaron Zelman and L. Neil Smith --  and maybe even help get it done! --
click on .

Watch for L. Neil Smith's long-awaited _THE AMERICAN ZONE_ plus a new
_trade_ paperback edition of _The Probability Broach_ from Tor Books,
respectively, in November and December, 2001.

AUTOGRAPHED COPIES of _Lever Action_,  _Hope_,  _Forge of the Elders_,
_Henry Martyn_, and a few others (sorry, supplies of _The Mitzvah_ are
sold out) are available from the author. For details, write to Neil at
.

###

From: Nilsphone@aol.com
Date: Wed, 26 Sep 2001 21:15:22 EDT
Subject: Re: Defeatist Compromising Commentary From Reason Magazine
To: freematt@coil.com
CC: gillespie@reason.com, davidn@reason.org, tcmay@got.net

In a message dated 2001-09-26 17:21 Pacific Daylight Time, 
freematt@coil.com writes:


>"Between Cato arguing for victim disarmament
>and Reason arguing that "right to liberty is preceded by the right to
>life," I say we just kill them all and let Rand sort them out."  If
>you find Ms. Young's comments against encryption disturbing please
>write to Nick Gillespie  Editor-in-Chief of
>Reason Magazine and David Nott  President, Reason
>Foundation.]
>


I think Reason got it wrong. Crypto technology might simplify a
terrorist's life a little, that is all. If there are no secure channels,
terrorists can meet in person. The "GO" order can be done in the clear,
"lets go" needs no encryption. Alternatively, low volume comm
between people who know each other, and can meet beforehand,
can easily be done using one time pad, which are drop dead easy to
use, foolproof (as long as you don't lose or re-use them) etc, but not
suitable for mass communication. I can write a one-time-pad program
in minutes that does it all for you. You need a source for the pads, GM-tubes
are best, rooms full of lava lamps and a digital camera have been used.
Not very hard, can be set up at a central location, once, and then the pads
distributed by hand. (This latter is a must and the catch in mass 
communications.)

Nils Andersson
(long time Reason subscriber, from the beginning in the 70-s)
nils@codeart.com
Phone: 877 CODEART

###

From: WalkerBill@aol.com
Date: Wed, 26 Sep 2001 21:20:42 EDT
Subject: Wimps at Reason, pilots
To: freematt@coil.com

I hadn't expected anyone at Reason to think that banning encryption could:
1. Work at all, or
2. be a good idea.

  Very disappointing. The good news is that the pilot's union has 
called for arming the pilots. This is the issue that we should 
concentrate on, because:
1. It will really hurt the gun control people to fight this issue 
even if they "win". Pilots will resent being disarmed and the public 
will resent the lack of security. The AOL poll showed 78% in favor of 
arming pilots; not scientific but probably fairly representative of 
the average idiot (the smart people aren't on aol and probably don't 
even bother to rig their polls....)
2. If the pilots are armed, this will set a precedent of militia-type 
measures to fight terrorism, rather than more federal control.

###

From: "RV Head" <4whp@home.com>
To: "Matthew Gaylor" 
Subject: Re: Defeatist Compromising Commentary From Reason Magazine
Date: Wed, 26 Sep 2001 21:27:44 -0400
X-Priority: 3

----- Original Message -----
From: "Matthew Gaylor" 
[snip]
>  you find Ms. Young's comments against encryption disturbing please
>  write to Nick Gillespie  Editor-in-Chief of
>  Reason Magazine and David Nott  President, Reason
>  Foundation.]
>
>  

This is easily explained by the exigencies of deadline journalism.

I too write an "Opinion" column on deadline, and sometimes it isn't all that
easy to come up with anything that hasn't been better said by Hunter
Thompson.

As an Opinion columnist, my job is to provoke.  I don't care if anybody
agrees with me, and I really doubt that I convince anyone who doesn't
already feel the same way I do about whatever it is I'm writing, but my
success is measured by the number of hits received by my page on the
magazine's web site AND by the number of people who take the time to write
to my editor. (Interestingly enough, they NEVER write to ME ...)

Keep the faith, Man ...

###

Date: Thu, 27 Sep 2001 01:52:08 -0700
To: gillespie@reason.com, davidn@reason.org, tcmay@got.net
From: "E.J. Totty" 
Subject: Getting real
Cc: Matthew Gaylor 

	Dear Editor,

	Matt Gaylor () sent me
a missive that was produced by Cathy Young. It seems
that Ms/Miss/Mrs. Young chooses to believe that it is
OK to suppress liberty in times of adverse reaction by
other members of the human community.
	Let me see if I get this straight: She wants
to forgo any talk of protecting the right to privacy,
merely that some members of a group 'may' have planned
their acts through the use of encryption.
	Did I get that correctly?

	So, if I speak fluently in a language not
understood by 99 percent of the population of the earth,
I am now to be considered as some kind of conspirator?

	I hasten to remind you that there is quite a
following of those who speak the native 'Klingon' language,
and they are able to communicate quite well in complex
thoughts. Do we outlaw that as well?
	Do we relegate all of humanity to communicating
in one common language merely that tyrant may know all?
	No secrets anymore?

	It matters not that there may -- or may not -- be
any evidence that the actors used any form of crypto in
communicating. So what if they did?
	Young's comments are typical knee jerk feminist
reaction: If it shoots, ban it! If it cuts, ban it! If it encrypts,
ban it! If it impregnates, ban it! If it does ANYTHING we just
happen to dislike, BAN IT!!!

	So, okay, let's make yet another law.
	Let's look at the 'law' angle one more time.
	Let me ask: What man made law has ever stopped
anything from happening? Can you, or Young, name even
one man made law that has? Just one?
	Time for a clue: Only the bad guys get to break
the law, because they are expected to. The good people --
whose lives have been made a living hell by 'laws that are
for our own good' -- get to be put through the grinder for
merely wanting to exercise their rights.
	So, let me ask: What the hell good is a right if
it declared null and void at the drop of a hat, merely that
some jerk has abused it, or worse yet, that some politico
has decried its exercise because, well, it 'might' have been
abused by a 'suspect' to a crime?
	Rights aren't called rights for nothing.

	So, Young wants to 'feel' safe?
	Feeling safe is nothing more than an aphorism for
getting so drunk on some drug, that you just don't give
a damn anymore. In the case of the current sense, it is
merely that she 'thinks' that by depriving all people of a
right, that she can then freely imbibe in the elixir of
ignorance, and not feel a thing when the fecal matter hits
the fan.

	I've said this so many times before:
	"So, why the laws? The only reason is: To
harass the innocent, making it likelier for the bad to
take easy advantage of the weak, and ultimately for
the idiots in high office to point out why we need
even more rights restricting laws (that don't do a
damned thing to protect anyone), since the current
ones are not effective enough at causing mass
murder of the sheep. It'll be that way until we have
no rights left, and then the government may annihilate
the population at will, as we will then all be criminals
for trying to exercise any rights -- at all."

	And:
	"Benjamin Franklin had this to say about those
who would surrender their liberty for safety:
	"Those who would surrender their liberty
for little added safety, deserve neither."
	"Decoded: Just because you want to 'feel'
safe, does not imply that I must be stripped of my
rights, for you have no right to deprive me of mine,
merely that you may 'feel' a certain way. Taken in its
totality, if I may feel safer that you are dead, then you
must be killed. Take away my rights, and you will lose
yours -- completely.
	"Embodied within that comment, is the idea
of two entirely different concepts: Feeling vs Being.
	"You can 'feel' safe, but not 'be' safe.
	"Conversely, you can be safe, but not feel
safe, merely that you understand that you are never,
in this life, safe from anything.

	"History is my witness: Those people aboard
those jetliners certainly 'felt safe', but they weren't
safe at all."

	And, here is Young, propounding that privacy
is passé. One wonders just how long it will be before
your magazine is subsumed into the greater socialist
demagoguery . . .

	If you keep this crap up, you can expect
me to revoke my subscription, and refuse and further
issues.
--
In Liberty,
=*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*=
Let the people think they govern and they will be governed.
-- WILLIAM PENN (1693)
=*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*= =*=

ET

###

Subject: FW: My Reason reply
Date: Fri, 28 Sep 2001 13:37:20 -0700
Thread-Topic: (no subject)
Thread-Index: AcFHygXLF93PhSkwQvul++hR9+vDnAAhu0lwAAMMy2A=
From: "Mike Denny" 
To: "Matthew Gaylor (E-mail)" 

Hey Matt,

Mike Alissi, Reason editor wrote back to me on my comment on Cathy
Young's article so I gave him a piece of my mind.

Mike Denny
Mike@theDennys.org



-----Original Message-----
From: Mike Denny
Sent: Friday, September 28, 2001 1:29 PM
To: 'Mike Alissi'
Subject: My reply


Dear Mike,

Thank you for your reply. The tone of Cathy Young's article
rubbed me the wrong way. And while I do feel that Reason covers
the issues of government waste and abuse fairly well, articles
that encourage the antidote for government waste, individual action
freedom and responsibility seem few and far between. It is almost
like you don't really believe that liberty is a high ideal and
that you believe it is reasonable to compromise it if you can
find a good enough excuse.

What is Cathy Young saying here?:

1) "Historically, individual freedom has not fared well in wartime,
understandably so."  - Is Reason saying that the loss of freedom
in wartime is acceptable or even necessary? I disagree!

2) "Do I like the idea of people being able to encrypt electronic
communications so that they are beyond surveillance? Frankly, I found
it scary even before Sept. 11 - precisely because of the threat of
terrorism." - Are the people at Reason more afraid of terrorism than
they love Freedom? I don't.

3) "Even in the Declaration of Independence, the right to liberty is
preceded by the right to life." - Is Reason saying that these two
issues are mutually exclusive? I don't think like that.

3) "There are libertarians who say that it doesn't have to be that
way...
They argue that, if our government only withdrew from meddling in
regions where we have no real interest, stop playing global
policeman, and limited itself to providing for a national defense
against foreign attack, we wouldn't be a terrorist target. Alas, this
is a myopic position." - Does Reason think that it is not a good idea
to evaluating our foreign policy in the region? Or that non-intervention
is the same as isolationism? Or does Reason think that the US has simply
been
an angel in the region and that there is absolutely nothing that these
terrorists could reasonably want from the US and that they simply want
to kill US citizens for the hell of it? - I don't!

4) "It is said that there are no atheists in foxholes; perhaps there are

no true libertarians in times of terrorist attacks."

You know Mike, these last two comments really bother me and here's why.
I've noticed that Reason frequently treats the libertarians as silly
and impractical. And while it remains to be seen how much a political
force they actually become, whether we vote for them or not, they are
the true ideological heroes of the freedom movement. As a long-time
Republican, I am sick of their current lack of focus on liberty and
freedom that drew me to the RP in the 80's. Like the Republicans,
it seems that Reason has lost it's appreciation for freedom as an
ideal. Without this ideal, I feel that Reason, along with the
Republicans,
are simply adrift. People that are passionate about the ideal of
freedom,
the core value of this country and its Constitution, deserve better
treatment in your magazine. Until they get it, I will simply scan your
articles to find the good stuff but will not truly support your work.
I want to know that a publication really cares about what I care about
before I start sending money.

I will watch for more articles that reflect this line of thought and
pass
them on to you. But now that you have heard from me, I hope you will
be able to recognize them yourself, hopefully before they make it to
print.

Sincerely,

Mike

Michael Denny
2435 Lake Street
San Francisco, CA 94121
415-750-9340
Mike@theDennys.org




-----Original Message-----
From: Mike Alissi [mailto:malissi@reason.com]
Sent: Thursday, September 27, 2001 11:12 PM
To: Mike Denny
Subject: (no subject)


Dear Mike -

Your comments are really disturbing and I could not disagree more.
Can you please tell me which articles of ours - in the print and online
edition - have given you the impression that we are "soft on liberty?"

Thanks,
Mike
Mike Alissi
Publisher, Reason
malissi@reason.com





From: "Mike Denny" 
Date: Thu, 27 Sep 2001 13:02:49 -0700
To: 
Subject: Civil liberties may take a hit

Dear Reason,

I read with interest Cathy Young's article on how "Civil Liberties May
Take a Hit". While it
is appropriate in these times to consider such things, I found her
willingness to accept the
loss of Liberty as an appropriate response to terrorism unfitting for
your magazine.

But I shouldn't be that surprised. This has been your editorial bent for

some time. I subscribed
to Reason for years because I thought that it was a "light for Freedom".

But then I noticed
that when it really got down to business, you were "soft on liberty". So

I stopped
subscribing to the magazine but kept in touch via the Internet and your
email articles.
Now I'm wondering where you provide value at all.

I'm sorry but that's how I feel and I wanted you to know.

Sincerely,

Mike
Michael Denny
2435 Lake Street
San Francisco, CA 94121
415-750-9340
Mike@theDennys.org





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Date: Fri, 28 Sep 2001 17:05:36 -0400
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From: Matthew Gaylor 
Subject: Niebuhr's Dire Warning?
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[Note from Matthew Gaylor:  Ed's a long time subscriber to Freematt's 
Alerts who teaches philosophy and ethics at Brooklyn College, CUNY.]

Date: Fri, 28 Sep 2001 14:43:26 -0700
From: Edward Kent 
Organization: Brooklyn College, CUNY
Subject: Niebuhr's Dire Warning?

I studied with Reinhold Niebuhr after he suffered his stroke -- he
and the young Daniel Malan, son of the South African Apartheid leader,
who also suffered one as a young student at UTS, used to joke together
about their common disabilities -- speech impediments and such.  Still
Niebuhr was a commanding presence -- a powerful intellect spilling
over with original insights into present day events for which he
could see connections to things ancient and modern.  He was also
young in spirit with a warm and wry sense of humor.  My wife and
I used to watch him with his wife, Ursula, in the UTS refectory --
laughing and flirting together like a couple of teenagers who had just
met and were becoming intrigued with each other.

One of the images that Niebuhr used in his analysis of "original sin"
has stuck with me.  As a "Neo-orthodox" Protestant theologian who had
pressed Christian pacifists to enter the war against Nazi Germany, he
had a deep sense of man's capacity for evil.  He suggested in one
class that this perspective had been enriched when he had become a
parent.  "Have you ever seen a two-year-old throw a temper tantrum and
imagined how very dangerous he would be if he had the body of an
adult?"  That image has stuck with me and, of course, we understand
that many violent crimes entail precisely regression to two year-old
modes of behavior -- why it is so important to teach one's children at
that age not to not to hit and to not hit them except in extreme
circumstances!

As impressive as it was, I left Niebuhr's world view behind because I
could not get past theodicy -- reconciling a just G-d with the
Holocaust -- my childhood horror.  I will never forget those
death camp pictures in Life Magazine that I happened upon.  My
archetypal moral philosopher who explains human nature most acutely,
if I am forced to settle with one, is David Hume who proposed that we
are basically creatures determined by our feelings ("sentiments")
overlaid by whatever senses of justice that we are taught by our
societies.  I suspect from all that I have learned along the way that
this is the way things are.  I was a parent of 3 children in the Bank
St. College/School early childhood programs and learned there how we
socialize kids -- necessarily starting at age 3 if we are to do the job
right.  And our studies of Head Start Program follow ups 30 years
later have proven that kids from similar backgrounds who have had the
benefit of such programs are twice as likely to enter society happily
and successfully as those who have not been taught to respect and care
for others at the earliest age.  Those deprived of such teachings
become all too frequently dropouts or criminals.

Just societies produce just individuals -- or at least reduce deviants
to those with serious behavioral defects caused by brain damage along
the way combined with cultural abuses -- a study of individuals who
had committed extremely violent murders found that 9/10 suffered from
BOTH these defects -- brain injury and severe abuse as very young
children.  One of the Times reports of a terrorist had an interview
with his Egyptian lawyer father who was claiming that his son would
never have dared do such an act -- the picture and quotes from this
man suggested a sadistic father of a tormented son: "Look, daddy, I
did it!"

I am learning from reading and from participation in a group of
philosophers and psychiatrists who are exploring such things that much
of our consciousness (of which we still comprehend little) derives
from ur sources either in the brain or early cultural influences.  We
may think we are rational, but we are only rational within the frames
of our cultures.  Last week's NY Times Science section had an article
offering horrible examples of this phenomenon which I will not repeat
here because they might be prejudicial in our current emotionally
fraught situation -- examples offered un-self-consciously perhaps
with such in mind.

My bottom line concern here is that it looks as though a number of
intelligent individuals in our global scene are being under-educated
or mis-educated towards violent solutions to problems of injustice --
real or perceived.  How we can make an impact on such individuals, I
do not exactly know.  However, we can try to reach the next generation
of potential successors -- not obviously with bullets, bombs, and
rockets.  The ultimate weapons that threaten us in the future are far
more deadly than what we have yet experienced.  I read this morning a
quote from a Jerusalem Post article of 1999 claiming that Bin Laden
already had some suitcase nuclear weapons -- several to 20?  I imagine
that he would have used them, if he or whoever had.  But this sort of
suggestion, while it may be only a rumor today, is tomorrow's too real
possibility.  Tit for tat?

Our challenge is -- how do we persuade others that a non-violent route
for pursuing justice is a real alternative to terrorism?  For starters
we can become better listeners.  And I am certain that the way to peace
does not lie in tit for tat retaliation for each violation or attack
that comes our way.  I have debated this issue this summer with Israeli
friends and praised those brave Israeli Women in Black for their
steadfast pursuit of peace and reconciliation.  But this gentle voice
for sanity will not be sufficient, if it is not heard.  And perhaps
Niebuhr's dire warning about "original sin" -- our human capacity for
self-destruction once we are unchained from civilized restrictions --
will not prevail?  I hope not.
-- 
Ed Kent  718-951-5324 (voice mail only) [blind copies]

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Date: Sun, 30 Sep 2001 18:30:55 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Dr. Imad-ad-Dean Ahmad: A War Against Whom?
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Source: Islam Online
URL: http://www.islam-online.net/
Type: Web Pointer; Web Sample
Date: 30 Sept 2001
Title: Dr. Imad-ad-Dean Ahmad: A War Against Whom?

TEXT:

    Islam Online
    Last Update: Sun, 30/Sep 18:12 GMT

    _____


                      A War Against Whom?

    By Imad-ad-Dean Ahmad, Ph.D.
    Minaret of Freedom Institute; http://www.minaret.org/
    http://www.islam-online.net/english/Views/2001/09/article10.shtml

                                                 27/09/2001

    It appears that we have entered a war. I wish to
    evaluate both President George W. Bush's actions since
    September 11th and those of the American Muslim
    community. I realize that wartime is a dangerous time
    to risk offending parties in such precarious positions,
    but I am more afraid of offending Allah.

    The good news is that for the most part Mr. Bush has
    handled the situation well. He has understood the fine
    line he needs to walk between assuring the American
    people as a whole that effective action will be taken
    and the American Muslim community that he wants them
    united with the rest of America, on his side in his
    decision to treat the September 11th horrors as an act
    of war rather than as a criminal offense.

    And American Muslims, have on the whole, reacted well,
    sharing in the grief of our non-Muslim neighbors (as
    well as our own: there may have been hundreds of
    Muslims killed that day) and offering to help with
    funds and blood donations.

    Yet I am disappointed in both parties. In Mr. Bush, for
    his absurd assertion in his address to Congress that
    the motivation of the terrorists was a hatred of
    freedom and democracy, and disappointment in American
    Muslims who, in their understandable reluctance to
    believe that Muslims would do such an evil act have
    given credence to every absurd rumor to come out over
    the Internet or backyard fence.

    Muslims must condemn Osama bin Laden's calls for the
    murder of civilians whether or not he was involved in
    planning or funding the attacks on the World Trade
    Center and the Pentagon. At the same time, Mr. Bush
    should stop evading the fact that the motivation for
    bin Laden's ire is not freedom and democracy (however
    he might feel about those issues) but disastrous
    American interventionist foreign policies. America has
    not been a sleeping giant, but a sleepwalking
    superpower blundering across the world stage making
    enemies without understanding why.

    Even if bin Laden was not behind the September carnage,
    a declaration of war against him is logical. After all,
    he declared war on the United States in February of
    1998. His signature appears on a fax sent to the
    London-based al-Quds al-Arabi of a directive that
    specified "crimes and sins committed by the Americans
    are a clear declaration of war on God, his messenger,
    and Muslims" and on the basis that struggle "is an
    individual duty if the enemy destroys the Muslim
    countries" that therefore "to kill the Americans and
    their allies - civilians and military - is an
    individual duty for every Muslim who can do it in any
    country in which it is possible to do it, in order to
    liberate the al-Aqsa Mosque and the Holy Mosque from
    their grip, and in order for their armies to move out
    of all the lands of Islam, defeated and unable to
    threaten any Muslim" (Bin Laden, et al. 1998). If
    someone knows that bin Laden has repudiated this fax,
    they should produce the evidence now, otherwise it is a
    top priority for American Muslims to denounce it, and
    him.

    The fact that a man trains people to kill and tells
    them it is okay to use the techniques they learn
    against the innocent (and then gives a prayer of thanks
    when he hears that someone has done just that) is
    sufficient cause to consider him a terrorist. As
    Muslims we are obligated to use the same standard of
    justice with regard to bin Laden as with regard to
    Ariel Sharon. This is what the Qur'an means when it
    says: "O ye who believe! Stand out firmly for justice
    as witnesses to God even as against yourselves or your
    parents or your kin and whether it be [against] rich or
    poor: for God can best protect both. Follow not the
    lusts [of your hearts] lest ye swerve and if ye distort
    (justice) or decline to do justice verily God is
    well-acquainted with all that ye do" (4:135).

    As for Mr. Bush, if he is sincere in his desire to
    avoid a demonization of Islam, then why in his address
    to Congress did he say that the terrorists were
    motivated by a hatred of democracy and freedom? Bin
    Laden, whom he accuses, never once criticized democracy
    or freedom in his directive of February 1998. He
    denounced the presence of American troops in the land
    of the two holy mosques. He denounced American
    embargoes and bombings that have killed so many Iraqis.

    He denounced American support of the illegal Israeli
    occupation of Palestine. The U.S. actions bin Laden
    criticized are distorted perversions of democracy and
    outright abominations against freedom, no less than the
    bombing of the World Trade Center was a distortion of
    jihad (struggle) and an abomination against the peace
    and justice commanded in the Qur'an.

    Mr. Bush has made it clear that he is not out after
    only one man, nor even just his network of presumed
    collaborators, but also those who "harbor him". What
    this means is that when someone commits a criminal or
    violent act against a community and another community
    gives protection to that man, refusing to extradite him
    to those he has injured that the injured community has
    the right to retaliate against the community that
    protects him. Revenge is not only an ancient lust, it
    is a modern one as well. Napoleon promised to kill ten
    of the enemy for every one of his killed. The
    difference between retaliation in the Napoleonic code
    and qisas (the law of equality) in Islamic law is that
    the Qur'an strictly limits retaliation. One for one and
    like for like. In this limitation says the Qur'an
    "there is [a saving of] life to you O ye men of
    understanding! That ye may restrain yourselves"
    (2:179).

    Against whom have we gone to war? Is it Mr. Bush's
    intention to restrain himself, to give measure for
    measure, or perhaps less, until the conspirators are
    turned over so that the guilty may be punished and the
    innocent left alone? Or shall he expand his war to
    Sudan, Iraq, even Iran as some Zionists have demanded,
    or even worse? Does he aim to remind the exiled Saudi
    who was so happy to see six thousand civilians killed
    in fifteen minutes that America is the country that
    once killed tens of thousands of civilians in fifteen
    seconds (at Hiroshima)?

    Bin Laden calls his incitement against America a
    "fatwa" and Americans sing "God Bless America" as they
    stand on the brink of the slaughter of Afghanis. It
    would be wise to remember how often both sides of a war
    have insisted that God was on their side. Truly godly
    people know that the important question is: Are we on
    God's side? Whether Mr. Bush chooses a proportioned and
    narrowly targeted action or a broad retaliation in
    Afghanistan, and later elsewhere in the Muslim world,
    will demonstrate whether or not he is on God's side, as
    will whether he continues the material support of the
    slaughter of non-combatants with American weapons by
    Israelis.

    As I reflect on these things, one thought keeps
    returning to my consciousness. A glorious act of jihad
    (struggle in the way of God) took place on September
    11th. It was not the provocative murder of innocent
    civilians by the embittered terrorists. It was the
    brave fight by the passengers on the plane from
    Pittsburgh that successfully foiled the conspirators
    from attacking one more target and who knows how many
    more innocent lives. They could have had no motive
    other than to please God, for their death was a virtual
    certainty. But unlike the hijackers, the passengers'
    purpose was to save life, not to destroy it. Of this
    Allah, the Exalted and Glorified, has truly said: "We
    ordained that if anyone saved a life it would be as if
    he saved the life of the whole people" (5:32).

    References:

    Shaykh Usamah Bin-Muhammad Bin-Laden, Ayman
    al-Zawahiri, Abu-Yasir Rifa'i Ahmad Taha, Shaykh Mir
    Hamzah, and Fazlul Rahman (signatories), "Text of World
    Islamic Front's Statement Urging Jihad Against Jews and
    Crusaders"  - Al-Quds al-'Arabi, English translation by
    Emergency Response and Research Institute, Chicago
    (9/24/2001).  URL: http://www.emergency.com/bladen98.htm

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Subject: Freematt's Concerns Over DoJ's Surveillance & Antiterrorism Bill
 The Anti-Terrorism Act of 2001
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[Note from Matthew Gaylor:  I read the 2nd Draft of DoJ's 
Surveillance & Antiterrorism Bill The Anti-Terrorism Act of 2001 
(ATA) (Sep. 19, 2001) [Originally called the Mobilization Against 
Terrorism Act (MATA).]  located at: 
 
and I noticed a couple of carryovers from the war on drugs- The first 
being making any attempt or conspiracy to commit an act have the same 
penalty as committing the actually act.  In most jurisdictions if you 
were to sell a bag of baby powder and claim it to be cocaine you can 
be prosecuted as if the baby powder were cocaine.  However if you 
look at section #2 below you'll see the overly broad crimes that are 
included, crimes I might add carry a life sentence.  Including what 
appears to be just about any property damage done to governmental 
buildings and property.  Traditionally prosecutors end up using any 
law on the books to get a conviction.  Laws such as RICO, which were 
originally designed for organized crime end up in practice being used 
on small time teenaged offenders.  And in section #3 the usual 
expansion of asset forfeiture is continued.  I'm sure this act or 
something similar will be passed-  And it is my prediction that this 
law like the others before it will be misapplied and used 
inappropriately against American citizens.]

###1###
>"SS 2332c. Attempts and conspiracies
>
>"Any person who attempts or conspires to commit any Federal 
>terrorism offense shall be subject to the same penalties as those 
>prescribed for the offense, the commission of which was the object 
>of the attempt or conspiracy."; and
>
>(2) in the analysis for the chapter, by inserting after the item 
>relating to section 2332b the following:
>
>"2332c. Attempts and conspiracies.".


###2###
>"SS 25. Federal terrorism offense defined
>
>"As used in this title, the term `Federal terrorism offense' means a 
>violation of, or an attempt or conspiracy to violate-
>
>"(a) section 32 (relating to destruction of aircraft or aircraft 
>facilities), 37 (relating to violence at international airports), 81 
>(relating to arson within special maritime and territorial 
>jurisdiction), 175, 175b (relating to biological weapons), 229 
>(relating to chemical weapons), 351 (relating to congressional, 
>cabinet, and Supreme Court assassination, kidnapping, and assault), 
>792 (relating to harboring terrorists), 831 (relating to nuclear 
>materials), 842(m) or (n) (relating to plastic explosives), 844(e) 
>(relating to certain bombings), 844(f) or (i) (relating to arson and 
>bombing of certain property), 930(c), 956 (relating to conspiracy to 
>injure property of a foreign government), 1030(a)(1), (a)(4), 
>(a)(5)(A), or (a)(7) (relating to protection of computers), 1114 
>(relating to protection of officers and employees of the United 
>States), 1116 (relating to murder or manslaughter of foreign 
>officials, official guests, or internationally protected persons), 
>1203 (relating to hostage taking), 1361 (relating to injury of 
>Government property or contracts), 1362 (relating to destruction of 
>communication lines, stations, or systems), 1363 (relating to injury 
>to buildings or property within special maritime and territorial 
>jurisdiction of the United States), 1366 (relating to destruction of 
>an energy facility), 1751 (relating to Presidential and Presidential 
>staff assassination, kidnapping, and assault), 1992, 2152 (relating 
>to injury of fortifications, harbor defenses, or defensive sea 
>areas), 2155 (relating to destruction of national defense materials, 
>premises, or utilities), 2156 (relating to production of defective 
>national defense materials, premises, or utilities), 2280 (relating 
>to violence against maritime navigation), 2281 (relating to violence 
>against maritime fixed platforms), 2332 (relating to certain 
>homicides and other violence against United States nationals 
>occurring outside of the United States), 2332a (relating to use of 
>weapons of mass destruction), 2332b (relating to acts of terrorism 
>transcending national boundaries), 2332c, 2339A (relating to 
>providing material support to terrorists), 2339B (relating to 
>providing material support to terrorist organizations), or 2340A 
>(relating to torture);
>
>"(b) section 236 (relating to sabotage of nuclear facilities or 
>fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284);
>
>"(c) section 601 (relating to disclosure of identities of covert 
>agents) of the National Security Act of 1947 (50 U.S.C. 421); or
>
>"(d) section 46502 (relating to aircraft piracy), section 46504 
>(relating to interference with a flight crew), section 46505 
>(relating to carrying a weapon or explosive on aircraft), section 
>46506 (relating to application of certain criminal laws to acts on 
>aircraft), or section 60123(b) (relating to destruction of 
>interstate gas or hazardous liquid pipeline facility) of title 49."; 
>and
>
>(2) in the chapter analysis, by inserting after the item relating to 
>section 24 the following:
>
>"25. Federal terrorism offense defined.".
>
>(b) Section 2332b(g)(5)(B) of title 18, United States Code, is 
>amended by striking "is a violation" and all that follows through 
>"title 49" and inserting "is a Federal terrorism offense".

###3###
>SEC. 403. ASSETS OF TERRORIST ORGANIZATIONS.
>
>Section 981(a)(1) of title 18, United States Code, is amended after 
>paragraph (F) by adding the following new paragraph:
>
>"(G) All assets, foreign or domestic--
>
>"(i) of any person, entity or organization engaged in planning or 
>perpetrating any act of domestic terrorism or international 
>terrorism (as defined in section 2331) against the United States, 
>citizens or residents of the United States, or their property, and 
>all assets, foreign or domestic, affording any person a source of 
>influence over any such entity or organization;
>
>"(ii) acquired or maintained by any person for the purpose of 
>supporting, planning, conducting, or concealing an act of domestic 
>terrorism or international terrorism (as defined in section 2331) 
>against the United States, citizens or residents of the United 
>States, or their property; or
>
>"(iii) derived from, involved in, or used or intended to be used to 
>commit any act of domestic terrorism or international terrorism (as 
>defined in section 2331) against the United States, citizens or 
>residents of the United States, or their property.".


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Subject: NO FRIENDS OF LIBERTY IN FOXHOLES? by David M. Brown
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THE LIBERTARIAN ENTERPRISE ................................ ISSUE 141 
October 01, 2001


- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

"A libertarian is a person who believes that no one has the right,
under any circumstances, to initiate force against another human
being, or to advocate or delegate its initiation. Those who act
consistently with this principle are libertarians, whether they
realize it or not. Those who fail to act consistently with it are
_not_ libertarians, regardless of what they may claim." -- LNS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

PUBLISHER         L. Neil Smith     
WEBMASTER         Ken L. Holder     
WEB HOSTING       William Stone     
HONORARY EDITOR   Vin Suprynowicz   
EDITOR            John Taylor       
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

NO FRIENDS OF LIBERTY IN FOXHOLES?
by David M. Brown 
    Exclusive to TLE

Are there no libertarians in foxholes?

In a recent op-ed first published by the _Boston Globe_, reprinted by
_Reason Magazine_ at their web site, then reprinted by the electronic
newsletter _Freematt's Alerts_, Cathy Young opines that maybe
individual rights and human freedom aren't so sacrosanct after all --
not if we're in a foxhole and the terrorists are lunging at us with
box-cutters in their teeth.

Just as there are no atheists in foxholes, perhaps there are no
libertarians in them either, Young suggests.

I don't know. It's a theory. Perhaps no foxhole residents possess any
convictions of any kind. Perhaps the human spirit simply shrivels and
withers in foxholes. But I doubt it.

"Do I like the idea of people being able to encrypt electronic
communications so that they are beyond surveillance?" Cathy Young
asks. "Frankly, I found it scary even before September 11 --
precisely because of the threat of terrorism. It is said that there
are no atheists in foxholes; perhaps there are no true libertarians
in times of terrorist attacks. Even in the Declaration of
Independence, the right to liberty is preceded by the right to life."

How sad to read these comments. Is Cathy Young implying that if I
don't want the government to be able to open my mail at will, I'm an
enabler of terrorism?

I agree that the right to liberty is _grounded in_ the right to life.
It pertains to what my right to life entails in a social context --
what others owe to me and what I owe to them, if we are to be able to
function in support of our own individual lives and also get along
with each other. It's true that the right to liberty doesn't mean the
right to do any old which thing I choose to do. I don't have the
right to threaten my neighbors or do arbitrary violence to them. If I
act as a criminal, I do forfeit the right to walk as a free person.
And if government has (true) probable cause to suspect me of
criminality, yes they should have every reasonable power to
investigate.

But how can I be asked to forfeit my right to protect my own personal
privacy in advance of _any_ reasonable evidence of _any_
rights-violating wrongdoing or planning of same?

When I am in a public context like an airport, whose managers might
reasonably request the ability to search my suitcase as a condition
of my doing business with them, I can understand submitting to an
inspection ... though I might not agree with it and might even think
it's offensive and obtuse, depending on how long they linger over the
underwear.

But Cathy Young is talking about another case altogether. She is
suggesting that I must give up a particular right to act on my own
behalf when the private enterprise involved is entirely willing to
sell (or give me) the particular good which Young says I have no
right to possess: robust encryption software.

Why? Because I "might" act as a criminal? Or does encrypting my
private stuff per se constitute a violation of somebody's rights?

And if so, whose?

Young also says that it would be okay to check out my electronic mail
as long as there is "due process." Well, that sounds okay, though
with the FBI's notorious Carnivore technology, my private email may
well be read in full if the Carnivore system gleans one or two
suspect words. No warrant required.

Surely Cathy Young is aware that the government does not always have
good reasons for the things it does. At least if the feds and the
cops must apply for a warrant, they has to give a court _some_ before
prying into my personal things. But from what I gather, Carnivore is
premised on the notion of _not_ having to bother about warrants
before inspecting the email of particular individuals. It supposedly
can gulp and scan every single piece of email that goes through a
particular electronic hub, without any differentiation between one
individual and another. That is the point. Are "probable cause"
warrants going to be granted to scan the email of all the millions of
email users -- and if so, doesn't that destroy the notions of
probable cause and warrants?

I don't suppose such considerations even apply to making it illegal
for people to effectively encrypt their email and documents so as to
head Carnivore off at the pass, as well as other possible info
thieves. That's some other kind of violation of constitutional
protections and basic rights.

Young's rationale for violating my rights seems to be the same
rationale offered by the critics of bearing arms and other methods of
protecting yourself. Gun control is also a violation of liberty in
the name of safety. Of course, far from ensuring safety, gun control
deprives people of a means to provide for their personal safety.
Don't believe me? Well, think about this. Suppose a thug comes at you
and if you had a gun you could overpower him and protect yourself,
but because of gun control/victim disarmament laws you don't have a
gun and you can't overpower him and protect yourself. Well, it is
true enough that in that moment you also don't have any ability to
commit a terrorist act or shoot little babies with that gun you don't
have. But you also can't use that nonexistent gun to protect
yourself. See, you don't _have_ the gun. You can't use things you
don't have. I should think this would be obvious.

In the same way, Young would deprive persons of a means to provide
for their personal privacy and the safety and security of their
private information on which, who knows, their very lives may
sometimes well depend. Certainly robust encryption might be very
useful to dissidents living under totalitarian rule, for example.

If guns are outlawed, only outlaws will have guns. If robust crypto
is outlawed, only outlaws will have robust crypto. Or does Ms. Young
believe that terrorists be obliging enough to use only the
government-approved crypto technology, the one with the backdoor
entrance for the FBI?

What's next? A camera in every street corner and living room? Should
the government know where everybody is at any moment, and every
single thing everybody is doing in any given moment? Well, why not?
Rights, as Young implies, must give way when "safety" is at risk. And
surely if there is a computer-searchable video bank of everything
everybody does, it will be hard for terrorists or anybody to cover
their tracks. As Winston Smith discovered. (Never mind whether such
universal surveillance and cataloging and retrieval of the video
clips is technologically feasible right at this moment. If it's not
technologically feasible today, it will be technologically feasible
tomorrow. And you would only need to sign up about 50 percent of the
American populace for the job of keeping an eye on themselves and the
other 50 percent.)

Let's say that lives are indeed "saved" as a result of universal
surveillance. Since per Cathy Young, life per se -- survival per se,
whether or not in freedom -- in itself trumps liberty as a value,
there can be no objection that the trade-off is too excessive at any
particular point in the process of giving up our liberty. If Young
disagrees, then I would ask her what _is_ the criterion or principle
that she would employ to determine when the trade-off becomes
unjustified? (Too Draconian? Big Brother run rampant? Oh come on.
Hello. Safety. Remember? Safety.)

Any such principle would also have to show that the rights which I
thought I had and which are now to be traded away -- i.e., including
the right to take peaceful action in self-protection of my personal
privacy -- were never truly my rights at all. A right -- a
fundamental right, based on my nature as a human being and the basic
requirements of my survival in society -- is something that can't be
traded away merely because of some abuse that somebody _else_ (i.e.,
somebody who is not me) might commit.

Young also seems to assume that if a criminal or terrorist is
deprived of one convenient method of developing their plans in
privacy, he will not then resort to some other method: for example,
code words and regular mail. Or getting together in a hotel room.
(Oops. Forgot. All the hotel rooms will have video camcorders
installed. So they meet in the woods.)

Then there is the fact that there are many effective things that can
and should be done to anticipate and combat the terrorists that do
not at all entail violating the rights and constricting the peaceful
action of innocent persons. After all, until September 11, we didn't
even take the threat all that seriously. It was only a few embassies
here and there being wrecked.

The free society is not a "suicide pact," Young writes. I agree.
Well, if the passengers and crew aboard all those planes that met
disaster on September 11 had a) not been tutored to cooperate with
terrorists and b) been armed at the time of the hijacking (at the
very least, if the crew had been armed), might not all that death
have been prevented?

This is war, but it is a war on two fronts. With the exception of a
few deranged left-wingers, Americans are united against the
terrorists. We agree that we want to live, and that it is wrong to
kill us. Let us also be united in defense of our individual right to
life, liberty, and the pursuit of happiness as practiced in daily
life here at home. Maybe it is too much to demand that all Americans
be consistent in this cause, given all the engrained confusions of
modern politics. But it should not be too much to demand such
allegiance at least from those who up until September 10 professed to
be informed advocates of the principles of the Declaration, and gave
some evidence of actually being that.

When you're in a foxhole, it is nice to have compatriots in adjacent
foxholes. It is nice to soldiers who stick with you through thick and
thin. So let there be no more defections to the other side. Cathy
Young, come back. You are managing to get published in the _Boston
Globe_. That's great. Fight for liberty there.

Defense of life requires defense of liberty, including the right to
bear arms and robust crypto. Now is a time not to surrender our
rights, but to recognize and fight for them.
- - -
David M. Brown is a freelance writer and editor.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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OCTOBER 1, 2001
RETHINKING THE ECONOMY -- POLICY & POLITICS

Commentary: Security vs. Civil Liberties

Journalists, civil libertarians, and other professional alarmists cry 
"Big Brother" too frequently. But none of the privacy controversies 
of recent years--indeed, no event in modern history--has brought the 
prospect of Big Brother closer to reality than the World Trade Center 
horror. The thought that the same attackers might have access to 
biological weapons and other advanced technology forces us to reach 
for an equally powerful and futuristic arsenal with which to strike 
back. Suddenly, proposals are gaining legitimacy that were all but 
unmentionable a month ago. Calls are being made for the establishment 
of databases of information about what citizens look like, where they 
go, and what they do; for the use of surveillance technology to 
monitor the nation's e-mail traffic; and for the imposition of a 
national identification card, to name a few.

Many of these steps may well be necessary. Terrorism is a much 
greater threat than previously imagined. As a result, familiar 
arguments against government surveillance are going to have to be 
reconsidered. Of particular concern is the possibility that there may 
be still more terrorists living in the U.S., raising children, and 
doing an excellent impersonation of ordinary citizens. That means law 
enforcers may have no choice but to treat everybody like a 
suspect--which would justify much wider government surveillance than 
most Americans would have accepted just weeks ago.

NO BLANK CHECK. The increased threat doesn't mean, though, that the 
FBI, the CIA, and other law enforcement agencies should simply be 
given a blank check. Civil libertarians worry about government 
surveillance for good reason: Those in power have used sensitive 
personal information many times in the past to target political 
enemies and harass innocent citizens. This is fundamentally 
anti-American--and it isn't ancient history. Congress passed the 
Privacy Act of 1974 after revelations that the FBI had gathered files 
on everyone from Rock Hudson to Henry Ford to César Chávez. "It is so 
important for the debate to get past the point where one side is 
saying, `We've got to give up civil liberties,' and the other side is 
saying, `We cannot give up civil liberties,"' says University of 
Southern California constitutional law expert Erwin Chemerinsky. "It 
has to be a much more nuanced discussion of what civil liberties are 
being compromised, under which circumstances, and for what gain."

[...]

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Subject: EPIC's Analysis of Provisions of the Proposed Anti-Terrorism Act
 of 2001
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David L. Sobel, General Counsel              *   +1 202 483 1140
(tel) Electronic Privacy Information Center        *   +1 202 483 1248
(fax) 1718 Connecticut Ave., N.W. Suite 200        *   sobel@epic.org
Washington, DC 20009   USA                   *   




This document is available in PDF

September 24, 2001 

Analysis of Provisions of the Proposed Anti-Terrorism Act of 2001
Affecting the Privacy of Communications and Personal Information

In response to the horrendous attacks that occurred on September 11, 
Attorney General Ashcroft has proposed the Anti-Terrorism Act of 2001 
(ATA), a far-reaching legislative package intended to strengthen the 
nation's defense against terrorism. Several of ATA's provisions would 
vastly expand the authority of law enforcement and intelligence 
agencies to monitor private communications and access personal 
information. Those provisions address issues that are complex and 
implicate fundamental constitutional protections of individual 
liberty, including the appropriate procedures for interception of 
information transmitted over the Internet and other rapidly evolving 
technologies. Despite the complexity of these matters, the Attorney 
General has urged Congress to quickly approve the proposal, which 
became available for analysis only within the last several days.

As Congress considers this important piece of legislation, it should 
be guided by several critical factors:

*	Law enforcement and intelligence agencies already possess 
broad authority to conduct investigations of suspected terrorist 
activity. In fact, Congress approved new surveillance powers to 
combat terrorism in late 1998. Describing those provisions after 
enactment, an FBI national security official said that "any one of 
these extremely valuable tools could be the keystone of a successful 
operation" against sophisticated foreign terrorists.


*	Any expansion of existing authorities should be based upon a 
clear and convincing demonstration of need. Congress should assess 
the likely effectiveness of any proposed new powers in combating the 
threats posed by terrorist activity.


*	Any new authorities deemed necessary should be narrowly drawn 
to protect the privacy and constitutional rights of the millions of 
law-abiding citizens who use the Internet and other communications 
media on a daily basis.


*	The longstanding distinction between domestic law enforcement 
and foreign intelligence collection should be preserved to the 
greatest extent possible consistent with the need to detect and 
prevent terrorist activity.


*	Expanded investigative powers should be limited to the 
investigation of terrorist activity and should not be made generally 
applicable to all criminal investigations.


 
Analysis of Specific Provisions

Pen Registers, the Internet and Carnivore

Currently, the statute authorizing the use of "pen register" and 
"trap and trace" devices governs real time interception of "numbers 
dialed or otherwise transmitted on the telephone line to which such 
device is attached." Although the use of such devices requires a 
court order, it does not require a showing of probable cause. There 
is, in effect, no judicial discretion, as the court must authorize 
monitoring upon the mere certification by a government attorney that 
the "information likely to be obtained by such installation and use 
is relevant to an ongoing criminal investigation." Therefore, these 
procedures lack almost all of the significant privacy protections 
found in Title III, the statute governing the interception of the 
actual "content" of a communication (e.g., a phone conversation or 
the text of an e-mail message).

The proposed ATA (Section 101) would significantly expand law 
enforcement authority to use trap and trace and pen register devices. 
Current law relating to the use of such devices was written to apply 
to the telephone industry, therefore the language of the statute 
refers only to the collection of "numbers dialed" on a "telephone 
line" and the "originating number" of a telephone call. The proposed 
legislation would redefine a pen register as "a device or process 
which records or decodes dialing, routing, addressing, or signaling 
information transmitted by an instrument or facility from which a 
wire or electronic communication is transmitted." A trap and trace 
device would be defined as "a device or process which captures the 
incoming electronic or other impulses which identify the originating 
number or other dialing, routing, addressing, and signaling 
information relevant to identifying the source or a wire or 
electronic communication."

By expanding the nature of the information that can be captured, the 
amendment clearly expands pen register capacities to the Internet, 
covering electronic mail, Web surfing, and all other forms of 
electronic communications. The full impact of this expansion of 
coverage is difficult to assess, as the proposed statutory 
definitions are vague with respect to the types of information that 
can be captured and are subject to broad interpretations. The 
proposed ATA does not take into account the unique nature of such 
information, which contains data far more revealing than phone 
numbers, such as URLs generated while using the Web which often 
contain a great deal of information that cannot in any way be 
analogized to a telephone number. Although the FBI has compared 
telephone calls to Internet communications to justify invocation of 
the existing pen register statute to authorize the use of its 
controversial Carnivore system, whether current law in fact grants 
such authority remains an open and debatable question. The proposed 
amendment would codify the FBI's questionable interpretation of the 
pen register statute, thereby closing the door to fully informed and 
deliberate consideration of this complex issue.

###

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Subject: Peter Swire on ATA bill, computer hacking, and life in prison
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Date: Mon, 01 Oct 2001 14:49:36 -0400
From: Declan McCullagh 
Subject: FC: Peter Swire on ATA bill, computer hacking, and life in prison
Cc: pswire@law.gwu.edu
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
X-News-Site: Cluebot is at http://www.cluebot.com/

Previous Politech coverage:

"Congress works through weekend on anti-terrorism bill"
http://www.politechbot.com/p-02587.html

"Bush administration hopes to make computer crime a terrorist act"
http://www.politechbot.com/p-02562.html

**********

Date: Mon, 01 Oct 2001 13:46:05 -0500
To: declan@well.org
From: Peter Swire 
Subject: Computer hacking and jail for life

Declan:

         Here is an update/clarification on the Ashcroft proposal and 
how it would apply to the Computer Fraud and Abuse Act, 18 U.S.C. 
1030.  It may be useful for your list.

         The bill would create the new category of "Federal terrorism 
offense."  It repeals all statute of limitations for these offenses. 
Imprisonment for up to life, "notwithstanding any maximum term of 
imprisonment specified in the law describing the offense."

         In email I wrote last week, I mentioned that spam had been 
found to violate Section 1030(a)(2) and (a)(5)(c).  Mark Lemley noted 
that sending a bot had been found to violate Section 1030, and it 
turns out to have been the same subsections.

         Importantly, the Ashcroft proposal does not apply to these subsections.

         However, the bill does apply to (a)(1), (a)(4), (a)(5)(A), 
and (a)(7).  In terms of overbreadth and possible unintended 
consequences, I direct people's attention to (a)(4) and (a)(5)(A):

         1030(a)(4) makes it a crime whoever "knowingly and with 
intent to defraud, accesses a protected computer without 
authorization, or exceeds authorized access, and by means of such 
conduct furthers the intended fraud and obtains anything of value, 
unless the object of the fraud and the thing obtained consists only 
of the use of the computer and the value of such use is not more than 
$5,000 in any 1-year period."

         1030(a)(5)(A) makes it a crime whoever "knowingly causes the 
transmission of a program, information, code, or command, and  as a 
result of such conduct, intentionally causes damage without 
authorization, to a protected computer."

         Let me make absolutely clear that I am against fraud and 
against intentional damage to a computer.  That said, these 
provisions are very broad and can apply to an enormous range of 
activity that is not "terrorist" activity.  Here are some examples 
from a quick research of the case law of "Federal terrorist offenses" 
punishable with life in prison for violation of 1030 (a)(4):

         (1) U.S. v. Butler, 2001 WL 733424 (conviction for employees 
of a credit agency who tampered with credit histories of customers).

         (2) U.S. v. Bae, 250 F. 3d 774 (fraudulent procurement of 
lottery tickets).

         (3) U.S. v. Sadolsky, 234 F. 3d 938 (Sears manager 
fraudulently used the store's computers to steal money and pay off 
gambling debts).

         (4) U.S. v. Petersen, 98 F. 3d 502 (conviction for using 
computers to hack into a credit agency and do identity theft).

         (5) U.S. v. Sykes, 4 F. 3d (conviction for unauthorized use 
of automatic teller machine).

         (6) Shurgard Storage Centers, Inc. v. Safeguard Self Storage, 
Inc., 119 F. Supp. 2d 1121 (held that the statute's "use of 'fraud' 
simply means wrongdoing and not proof of the common law elements of 
fraud").

         As for 1030(a)(5)(A), here are some of the new terrorism offenses:

         (1)  U.S. v. Sablan, 92 F.3d 865 (A former employee accessed 
her old account and claimed she accidentally deleted some files. 
Conviction upheld because government did not need to prove she 
intended to damage the employer's files.)

         (2) U.S. v. Morris, 928 F.2d 504 (In case involving 
surprisingly large damage from release of a computer worm, "we 
conclude that section 1030(a)(5)(A) does not require the Government 
to demonstrate that the defendant intentionally prevented authorized 
use and thereby caused loss.")

         (3) Shaw v. Toshiba America Information Systems, Inc., 91 F. 
Supp. 2d 926 ( "Specifically, does Title 18 U.S.C. § 1030(a)(5)(A) 
prohibit Defendants' design, manufacture, creation, distribution, 
sale, transmission, and marketing of floppy-diskette controllers 
("FDC's") allegedly made faulty by defective microcode? Yes, it does.)

         Modest disclaimer -- there are more cases, and I read the 
above cases somewhat quickly.  But everyone else can do the research, 
too, on how broadly these provisions sweep.

         Peter

Prof. Peter P. Swire, Ohio State University
Visiting, George Washington Law School, 2001-02
Former Chief Counselor for Privacy, U.S. Office
    of Management & Budget
(301) 213-9587, www.osu.edu/units/law/swire.htm




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Subject: Investor's Business Daily: Government Trust Grows Despite Its
 Inability to Protect
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Date: Tue, 02 Oct 2001 08:46:25 -0400
To: freematt@coil.com
From: Jim Bovard 
Subject: 9/11 Debacle Spurs Blind Trust in Government

Matt:
Thought you might get a laugh out of the following piece.
FreeMatt's Alerts have been probably the finest source of news & 
ideas I have seen since the 9/11 terrorist attacks. You have been 
putting out great stuff!

take it easy,
Jim

Investor's Business Daily
October 2, 2001

Government Trust Grows Despite Its Inability to Protect

by JAMES BOVARD

Like a phoenix rising from the ashes, Americans' trust in government is
soaring after the Sept. 11 terrorist attacks. The number of people who
trust the government to do the right thing has doubled since last year, and now
is more than three times higher than in 1994. According to a 
Washington Post poll
released on Sept. 27, 64% of Americans now "trust the government in Washington
to do what is right" either "just about always" or "most of the time."

Ronald Brownstein, a Los Angeles Times columnist, declared on Sept. 19: "At
the moment the first fireball seared the crystalline Manhattan sky last
week, the entire impulse to distrust government that has become so central
to U.S. politics seemed instantly anachronistic." Brownstein's headline - "The
Government, Once Scorned, Becomes Savior" - captured much of the
establishment media's response to the attacks.

It is puzzling that trust in government would soar after the biggest
intelligence/law enforcement failure since the surprise attack on Pearl
Harbor. At least in the first weeks after the attack, the federal
government's prestige appears higher than at any time since the start of
the  Vietnam War.

The Post poll also revealed that the disastrous attacks of Sept. 11 greatly
increased Americans' confidence that government will protect them against
terrorists.  From 1995 through 1997, the results consistently showed 
that only between
35% and 37% of Americans had "a great deal" or "a good amount" of  confidence
that the feds would deter domestic attacks by terrorists. In hindsight, the
public was far more prescient than were the Washington policy-makers who
chose not to make defending against such attacks a high priority.
In the aftermath of the Sept. 11 attacks, confidence in government's
ability to deter terrorist attacks has soared - clocking in at 66%, 
almost double
the percentage in the most recent previous Washington Post poll on this
question in June 1997.

The bigger the catastrophe, the more credulous many people seem to become.
The worse government failed to protect people in the past, the more certain
most people become that government will protect them in the future.

Prominent liberals are capitalizing on the new mood to call for razing the
restraints on government power. Wall Street Journal columnist Al Hunt says
it's "time to declare a moratorium on government-bashing.... For the 
foreseeable future,
the federal government is going to invest or spend more, regulate 
more and exercise more
control over our lives," he rejoices.

"There is no real debate over expansion (of government power) in general."
Washington Post columnist Jim Hoagland snipped, "Ideologues on the right
saw government as an evil to be rolled back." In a breathtaking leap of logic,
he reasons: "The terror assaults on the World Trade Center and the Pentagon
... should profoundly shake the less-is-more philosophy that was the
driving force for the tax-cut politics of Bush and conservative Republicans."

But there is no evidence that Osama bin Laden targeted the U.S. because of
ire over George Bush's proposal to reduce the estate tax. Hoagland's effort
is reminiscent of liberal efforts after the assassination of John F.
Kennedy to paint right-wingers everywhere as unindicted co-conspirators in
Kennedy's killing.

It is difficult to understand how the failures of the CIA, the FBI, and the
Federal Aviation Administration could generate a blank check for all other
federal agencies to exert more control over 270 million Americans. The
success of the disastrous attacks of Sept. 11 were due far more to gross
negligence and a shortage of competence than to a shortage of power.
The federal government needs sufficient power to protect Americans against
terrorist attacks and to harshly punish the perpetrators of the 
recent attacks. But
such power shouldn't place a golden crown on the head of every would-be
bureaucratic dictator, from the lowest village zoning enforcer to the most
deluded federal agency chieftain.

The blind glorification of government, now popular, puts almost all
liberties at grave risk. At least for the time being, people have lost any
interest in government's batting average - either for actually protecting
citizens or for abusing power. The best hope for the survival and defense
of liberty is that enough Americans will recall the type of history lessons
that public schools never teach.

At this time of national crisis, we must forget neither our political
heritage nor the inherent limits of any governmental machinery.
Government has a vital role in defending Americans from deadly foreign
threats. But nothing that happened on Sept. 11 or since changed the
fundamental nature of American government.

James Bovard is the author of "Feeling Your Pain: The Explosion & Abuse of
Government Power in the Clinton-Gore Years"(St. Martin's Press, 2000) and a
policy advisor to the Future of Freedom Foundation.

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From: Matthew Gaylor 
Subject: Bruce Schneier's CRYPTO-GRAM SPECIAL ISSUE
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Date: Sun, 30 Sep 2001 20:10:57 -0500
To: crypto-gram@chaparraltree.com
From: Bruce Schneier 
Subject: CRYPTO-GRAM SPECIAL ISSUE, September 30, 2001

                  CRYPTO-GRAM

               September 30, 2001

               by Bruce Schneier
                Founder and CTO
       Counterpane Internet Security, Inc.
            schneier@counterpane.com
          


A free monthly newsletter providing summaries, analyses, insights, 
and commentaries on computer and network security.

Back issues are available at 
.  To subscribe, visit 
 or send a blank message 
to crypto-gram-subscribe@chaparraltree.com.

Copyright (c) 2001 by Counterpane Internet Security, Inc.


** *** ***** ******* *********** *************

This is a special issue of Crypto-Gram, devoted to the September 11 
terrorist attacks and their aftermath.

Please distribute this issue widely.

In this issue:
      The Attacks
      Airline Security Regulations
      Biometrics in Airports
      Diagnosing Intelligence Failures
      Regulating Cryptography
      Terrorists and Steganography
      News
      Protecting Privacy and Liberty
      How to Help


** *** ***** ******* *********** *************

                 The Attacks



Watching the television on September 11, my primary reaction was amazement.

The attacks were amazing in their diabolicalness and audacity: to 
hijack fuel-laden commercial airliners and fly them into buildings, 
killing thousands of innocent civilians.  We'll probably never know 
if the attackers realized that the heat from the jet fuel would melt 
the steel supports and collapse the World Trade Center.  It seems 
probable that they placed advantageous trades on the world's stock 
markets just before the attack.  No one planned for an attack like 
this.  We like to think that human beings don't make plans like this.

I was impressed when al-Qaeda simultaneously bombed two American 
embassies in Africa.  I was more impressed when they blew a 40-foot 
hole in an American warship.  This attack makes those look like minor 
operations.

The attacks were amazing in their complexity.  Estimates are that the 
plan required about 50 people, at least 19 of them willing to die. 
It required training.  It required logistical support.  It required 
coordination.  The sheer scope of the attack seems beyond the 
capability of a terrorist organization.

The attacks rewrote the hijacking rule book.  Responses to hijackings 
are built around this premise: get the plane on the ground so 
negotiations can begin.  That's obsolete now.

They rewrote the terrorism book, too.  Al-Qaeda invented a new type 
of attacker.  Historically, suicide bombers are young, single, 
fanatical, and have nothing to lose.  These people were older and 
more experienced.  They had marketable job skills.  They lived in the 
U.S.: watched television, ate fast food, drank in bars.  One left a 
wife and four children.

It was also a new type of attack.  One of the most difficult things 
about a terrorist operation is getting away.  This attack neatly 
solved that problem.  It also solved the technological problem.  The 
United States spends billions of dollars on remote-controlled 
precision-guided munitions; al-Qaeda just finds morons willing to fly 
planes into skyscrapers.

Finally, the attacks were amazing in their success.  They weren't 
perfect.  We know that 100% of the attempted hijackings were 
successful, and 75% of the hijacked planes successfully hit their 
targets.  We don't know how many planned hijackings were aborted for 
one reason or another.  What's most amazing is that the plan wasn't 
leaked.  No one successfully defected.  No one slipped up and gave 
the plan away.  Al-Qaeda had assets in the U.S. for months, and 
managed to keep the plan secret.  Often law enforcement has been 
lucky here; in this case we weren't.

Rarely do you see an attack that changes the world's conception of 
attack, as these terrorist attacks changed the world's conception of 
what a terrorist attack can do.  Nothing they did was novel, yet the 
attack was completely new.  And our conception of defense must change 
as well.


** *** ***** ******* *********** *************

        Airline Security Regulations



Computer security experts have a lot of expertise that can be applied 
to the real world.  First and foremost, we have well-developed senses 
of what security looks like.  We can tell the difference between real 
security and snake oil.  And the new airport security rules, put in 
place after September 11, look and smell a whole lot like snake oil.

All the warning signs are there: new and unproven security measures, 
no real threat analysis, unsubstantiated security claims.  The ban on 
cutting instruments is a perfect example.  It's a knee-jerk reaction: 
the terrorists used small knives and box cutters, so we must ban 
them.  And nail clippers, nail files, cigarette lighters, scissors 
(even small ones), tweezers, etc.  But why isn't anyone asking the 
real questions: what is the threat, and how does turning an airplane 
into a kindergarten classroom reduce the threat?  If the threat is 
hijacking, then the countermeasure doesn't protect against all the 
myriad of ways people can subdue the pilot and crew.  Hasn't anyone 
heard of karate?  Or broken bottles?  Think about hiding small blades 
inside luggage.  Or composite knives that don't show up on metal 
detectors.

Parked cars now must be 300 feet from airport gates.  Why?  What 
security problem does this solve?  Why doesn't the same problem imply 
that passenger drop-off and pick-up should also be that far away? 
Curbside check-in has been eliminated.  What's the threat that this 
security measure has solved?  Why, if the new threat is hijacking, 
are we suddenly worried about bombs?

The rule limiting concourse access to ticketed passengers is another 
one that confuses me.  What exactly is the threat here?  Hijackers 
have to be on the planes they're trying to hijack to carry out their 
attack, so they have to have tickets.  And anyone can call 
Priceline.com and "name their own price" for concourse access.

Increased inspections -- of luggage, airplanes, airports -- seem like 
a good idea, although it's far from perfect.  The biggest problem 
here is that the inspectors are poorly paid and, for the most part, 
poorly educated and trained.  Other problems include the myriad ways 
to bypass the checkpoints -- numerous studies have found all sorts of 
violations -- and the impossibility of effectively inspecting 
everybody while maintaining the required throughput.  Unidentified 
armed guards on select flights is another mildly effective idea: it's 
a small deterrent, because you never know if one is on the flight you 
want to hijack.

Positive bag matching -- ensuring that a piece of luggage does not 
get loaded on the plane unless its owner boards the plane -- is 
actually a good security measure, but assumes that bombers have 
self-preservation as a guiding force.  It is completely useless 
against suicide bombers.

The worst security measure of them all is the photo ID requirement. 
This solves no security problem I can think of.  It doesn't even 
identify people; any high school student can tell you how to get a 
fake ID.  The requirement for this invasive and ineffective security 
measure is secret; the FAA won't send you the written regulations if 
you ask.  Airlines are actually more stringent about this than the 
FAA requires, because the "security" measure solves a business 
problem for them.

The real point of photo ID requirements is to prevent people from 
reselling tickets.  Nonrefundable tickets used to be regularly 
advertised in the newspaper classifieds.  Ads would read something 
like "Round trip, Boston to Chicago, 11/22 - 11/30, female, $50." 
Since the airlines didn't check ID but could notice gender, any 
female could buy the ticket and fly the route.  Now this doesn't 
work.  The airlines love this; they solved a problem of theirs, and 
got to blame the solution on FAA security requirements.

Airline security measures are primarily designed to give the 
appearance of good security rather than the actuality.  This makes 
sense, once you realize that the airlines' goal isn't so much to make 
the planes hard to hijack, as to make the passengers willing to fly. 
Of course airlines would prefer it if all their flights were 
perfectly safe, but actual hijackings and bombings are rare events 
and they know it.

This is not to say that all airport security is useless, and that 
we'd be better off doing nothing.  All security measures have 
benefits, and all have costs: money, inconvenience, etc.  I would 
like to see some rational analysis of the costs and benefits, so we 
can get the most security for the resources we have.

One basic snake-oil warning sign is the use of self-invented security 
measures, instead of expert-analyzed and time-tested ones.  The 
closest the airlines have to experienced and expert analysis is El 
Al.  Since 1948 they have been operating in and out of the most 
heavily terroristic areas of the planet, with phenomenal success. 
They implement some pretty heavy security measures.  One thing they 
do is have reinforced, locked doors between their airplanes' cockpit 
and the passenger section.  (Notice that this security measure is 1) 
expensive, and 2) not immediately perceptible to the passenger.) 
Another thing they do is place all cargo in decompression chambers 
before takeoff, to trigger bombs set to sense altitude.  (Again, this 
is 1) expensive, and 2) imperceptible, so unattractive to American 
airlines.)  Some of the things El Al does are so intrusive as to be 
unconstitutional in the U.S., but they let you take your pocketknife 
on board with you.

Airline security:



FAA on new security rules:


A report on the rules' effectiveness:


El Al's security measures:



More thoughts on this topic:




Two secret FAA documents on photo ID requirement, in text and GIF:





Passenger profiling:


A CATO Institute report: "The Cost of Antiterrorist Rhetoric," 
written well before September 11:


I don't know if this is a good idea, but at least someone is thinking 
about the problem:



** *** ***** ******* *********** *************

             Biometrics in Airports



You have to admit, it sounds like a good idea.  Put cameras 
throughout airports and other public congregation areas, and have 
automatic face-recognition software continuously scan the crowd for 
suspected terrorists.  When the software finds one, it alerts the 
authorities, who swoop down and arrest the bastards.  Voila, we're 
safe once again.

Reality is a lot more complicated; it always is.  Biometrics is an 
effective authentication tool, and I've written about it before. 
There are three basic kinds of authentication: something you know 
(password, PIN code, secret handshake), something you have (door key, 
physical ticket into a concert, signet ring), and something you are 
(biometrics).  Good security uses at least two different 
authentication types: an ATM card and a PIN code, computer access 
using both a password and a fingerprint reader, a security badge that 
includes a picture that a guard looks at.  Implemented properly, 
biometrics can be an effective part of an access control system.

I think it would be a great addition to airport security: identifying 
airline and airport personnel such as pilots, maintenance workers, 
etc.  That's a problem biometrics can help solve.  Using biometrics 
to pick terrorists out of crowds is a different kettle of fish.

In the first case (employee identification), the biometric system has 
a straightforward problem: does this biometric belong to the person 
it claims to belong to?  In the latter case (picking terrorists out 
of crowds), the system needs to solve a much harder problem: does 
this biometric belong to anyone in this large database of people? 
The difficulty of the latter problem increases the complexity of the 
identification, and leads to identification failures.

Setting up the system is different for the two applications.  In the 
first case, you can unambiguously know the reference biometric 
belongs to the correct person.  In the latter case, you need to 
continually worry about the integrity of the biometric database. 
What happens if someone is wrongfully included in the database?  What 
kind of right of appeal does he have?

Getting reference biometrics is different, too.  In the first case, 
you can initialize the system with a known, good biometric.  If the 
biometric is face recognition, you can take good pictures of new 
employees when they are hired and enter them into the system. 
Terrorists are unlikely to pose for photo shoots.  You might have a 
grainy picture of a terrorist, taken five years ago from 1000 yards 
away when he had a beard.  Not nearly as useful.

But even if all these technical problems were magically solved, it's 
still very difficult to make this kind of system work.  The hardest 
problem is the false alarms.  To explain why, I'm going to have to 
digress into statistics and explain the base rate fallacy.

Suppose this magically effective face-recognition software is 99.99 
percent accurate.  That is, if someone is a terrorist, there is a 
99.99 percent chance that the software indicates "terrorist," and if 
someone is not a terrorist, there is a 99.99 percent chance that the 
software indicates "non-terrorist."  Assume that one in ten million 
flyers, on average, is a terrorist.  Is the software any good?

No.  The software will generate 1000 false alarms for every one real 
terrorist.  And every false alarm still means that all the security 
people go through all of their security procedures.  Because the 
population of non-terrorists is so much larger than the number of 
terrorists, the test is useless.  This result is counterintuitive and 
surprising, but it is correct.  The false alarms in this kind of 
system render it mostly useless.  It's "The Boy Who Cried Wolf" 
increased 1000-fold.

I say mostly useless, because it would have some positive effect. 
Once in a while, the system would correctly finger a frequent-flyer 
terrorist.  But it's a system that has enormous costs: money to 
install, manpower to run, inconvenience to the millions of people 
incorrectly identified, successful lawsuits by some of those people, 
and a continued erosion of our civil liberties.  And all the false 
alarms will inevitably lead those managing the system to distrust its 
results, leading to sloppiness and potentially costly mistakes. 
Ubiquitous harvesting of biometrics might sound like a good idea, but 
I just don't think it's worth it.

Phil Agre on face-recognition biometrics:


My original essay on biometrics:


Face recognition useless in airports:

According to a DARPA study, to detect 90 per cent of terrorists we'd 
need to raise an alarm for one in every three people passing through 
the airport.

A company that is pushing this idea:


A version of this article was published here:



** *** ***** ******* *********** *************

        Diagnosing Intelligence Failures



It's clear that U.S. intelligence failed to provide adequate warning 
of the September 11 terrorist attacks, and that the FBI failed to 
prevent the attacks.  It's also clear that there were all sorts of 
indications that the attacks were going to happen, and that there 
were all sorts of things that we could have noticed but didn't.  Some 
have claimed that this was a massive intelligence failure, and that 
we should have known about and prevented the attacks.  I am not 
convinced.

There's a world of difference between intelligence data and 
intelligence information.  In what I am sure is the mother of all 
investigations, the CIA, NSA, and FBI have uncovered all sorts of 
data from their files, data that clearly indicates that an attack was 
being planned.  Maybe it even clearly indicates the nature of the 
attack, or the date.  I'm sure lots of information is there, in 
files, intercepts, computer memory.

Armed with the clarity of hindsight, it's easy to look at all the 
data and point to what's important and relevant.  It's even easy to 
take all that important and relevant data and turn it into 
information.  And it's real easy to take that information and 
construct a picture of what's going on.

It's a lot harder to do before the fact.  Most data is irrelevant, 
and most leads are false ones.  How does anyone know which is the 
important one, that effort should be spent on this specific threat 
and not the thousands of others?

So much data is collected -- the NSA sucks up an almost unimaginable 
quantity of electronic communications, the FBI gets innumerable leads 
and tips, and our allies pass all sorts of information to us -- that 
we can't possibly analyze it all.  Imagine terrorists are hiding 
plans for attacks in the text of books in a large university library; 
you have no idea how many plans there are or where they are, and the 
library expands faster than you can possibly read it.  Deciding what 
to look at is an impossible task, so a lot of good intelligence goes 
unlearned.

We also don't have any context to judge the intelligence effort.  How 
many terrorist attempts have been thwarted in the past year?  How 
many groups are being tracked?  If the CIA, NSA, and FBI succeed, no 
one ever knows.  It's only in failure that they get any recognition.

And it was a failure.  Over the past couple of decades, the U.S. has 
relied more and more on high-tech electronic eavesdropping (SIGINT 
and COMINT) and less and less on old fashioned human intelligence 
(HUMINT).  This only makes the analysis problem worse: too much data 
to look at, and not enough real-world context.  Look at the 
intelligence failures of the past few years: failing to predict 
India's nuclear test, or the attack on the USS Cole, or the bombing 
of the two American embassies in Africa; concentrating on Wen Ho Lee 
to the exclusion of the real spies, like Robert Hanssen.

But whatever the reason, we failed to prevent this terrorist attack. 
In the post mortem, I'm sure there will be changes in the way we 
collect and (most importantly) analyze anti-terrorist data.  But 
calling this a massive intelligence failure is a disservice to those 
who are working to keep our country secure.

Intelligence failure is an overreliance on eavesdropping and not 
enough on human intelligence:



Another view:


Too much electronic eavesdropping only makes things harder:


Israel alerted the U.S. about attacks:

Mostly retracted:



** *** ***** ******* *********** *************

             Regulating Cryptography



In the wake of the devastating attacks on New York's World Trade 
Center and the Pentagon, Senator Judd Gregg and other high-ranking 
government officials quickly seized on the opportunity to resurrect 
limits on strong encryption and key escrow systems that ensure 
government access to encrypted messages.

I think this is a bad move.  It will do little to thwart terrorist 
activities, while at the same time significantly reducing the 
security of our own critical infrastructure.  We've been through 
these arguments before, but legislators seem to have short memories. 
Here's why trying to limit cryptography is bad for Internet security.

One, you can't limit the spread of cryptography.  Cryptography is 
mathematics, and you can't ban mathematics.  All you can ban is a set 
of products that use that mathematics, but that is something quite 
different.  Years ago, during the cryptography debates, an 
international crypto survey was completed; it listed almost a 
thousand products with strong cryptography from over a hundred 
countries.  You might be able to control cryptography products in a 
handful of industrial countries, but that won't prevent criminals 
from importing them.  You'd have to ban them in every country, and 
even then it won't be enough.  Any terrorist organization with a 
modicum of skill can write its own cryptography software.  And 
besides, what terrorist is going to pay attention to a legal ban?

Two, any controls on the spread of cryptography hurt more than they 
help.  Cryptography is one of the best security tools we have to 
protect our electronic world from harm: eavesdropping, unauthorized 
access, meddling, denial of service.  Sure, by controlling the spread 
of cryptography you might be able to prevent some terrorist groups 
from using cryptography, but you'll also prevent bankers, hospitals, 
and air-traffic controllers from using it.  (And, remember, the 
terrorists can always get the stuff elsewhere: see my first point.) 
We've got a lot of electronic infrastructure to protect, and we need 
all the cryptography we can get our hands on.  If anything, we need 
to make strong cryptography more prevalent if companies continue to 
put our planet's critical infrastructure online.

Three, key escrow doesn't work.  Short refresher: this is the notion 
that companies should be forced to implement back doors in crypto 
products such that law enforcement, and only law enforcement, can 
peek in and eavesdrop on encrypted messages.  Terrorists and 
criminals won't use it.  (Again, see my first point.)

Key escrow also makes it harder for the good guys to secure the 
important stuff.  All key-escrow systems require the existence of a 
highly sensitive and highly available secret key or collection of 
keys that must be maintained in a secure manner over an extended time 
period.  These systems must make decryption information quickly 
accessible to law enforcement agencies without notice to the key 
owners.  Does anyone really think that we can build this kind of 
system securely?  It would be a security engineering task of 
unbelievable magnitude, and I don't think we have a prayer of getting 
it right.  We can't build a secure operating system, let alone a 
secure computer and secure network.

Stockpiling keys in one place is a huge risk just waiting for attack 
or abuse.  Whose digital security do you trust absolutely and without 
question, to protect every major secret of the nation?  Which 
operating system would you use?  Which firewall?  Which applications? 
As attractive as it may sound, building a workable key-escrow system 
is beyond the current capabilities of computer engineering.

Years ago, a group of colleagues and I wrote a paper outlining why 
key escrow is a bad idea.  The arguments in the paper still stand, 
and I urge everyone to read it.  It's not a particularly technical 
paper, but it lays out all the problems with building a secure, 
effective, scalable key-escrow infrastructure.

The events of September 11 have convinced a lot of people that we 
live in dangerous times, and that we need more security than ever 
before.  They're right; security has been dangerously lax in many 
areas of our society, including cyberspace.  As more and more of our 
nation's critical infrastructure goes digital, we need to recognize 
cryptography as part of the solution and not as part of the problem.

My old "Risks of Key Recovery" paper:


Articles on this topic:






Al-Qaeda did not use encryption to plan these attacks:


Poll indicates that 72 percent of Americans believe that 
anti-encryption laws would be "somewhat" or "very" helpful in 
preventing a repeat of last week's terrorist attacks on New York's 
World Trade Center and the Pentagon in Washington, D.C.  No 
indication of what percentage actually understood the question.



** *** ***** ******* *********** *************

         Terrorists and Steganography



Guess what?  Al-Qaeda may use steganography.  According to nameless 
"U.S. officials and experts" and "U.S. and foreign officials," 
terrorist groups are "hiding maps and photographs of terrorist 
targets and posting instructions for terrorist activities on sports 
chat rooms, pornographic bulletin boards and other Web sites."

I've written about steganography in the past, and I don't want to 
spend much time retracing old ground.  Simply, steganography is the 
science of hiding messages in messages.  Typically, a message (either 
plaintext or, more cleverly, ciphertext) is encoded as tiny changes 
to the color of the pixels of a digital photograph.  Or in 
imperceptible noise in an audio file.  To the uninitiated observer, 
it's just a picture.  But to the sender and receiver, there's a 
message hiding in there.

It doesn't surprise me that terrorists are using this trick.  The 
very aspects of steganography that make it unsuitable for normal 
corporate use make it ideally suited for terrorist use.  Most 
importantly, it can be used in an electronic dead drop.

If you read the FBI affidavit against Robert Hanssen, you learn how 
Hanssen communicated with his Russian handlers.  They never met, but 
would leave messages, money, and documents for one another in plastic 
bags under a bridge.  Hanssen's handler would leave a signal in a 
public place -- a chalk mark on a mailbox -- to indicate a waiting 
package.  Hanssen would later collect the package.

That's a dead drop.  It has many advantages over a face-to-face 
meeting.  One, the two parties are never seen together.  Two, the two 
parties don't have to coordinate a rendezvous.  Three, and most 
importantly, one party doesn't even have to know who the other one is 
(a definite advantage if one of them is arrested).  Dead drops can be 
used to facilitate completely anonymous, asynchronous communications.

Using steganography to embed a message in a pornographic image and 
posting it to a Usenet newsgroup is the cyberspace equivalent of a 
dead drop.  To everyone else, it's just a picture.  But to the 
receiver, there's a message in there waiting to be extracted.

To make it work in practice, the terrorists would need to set up some 
sort of code.  Just as Hanssen knew to collect his package when he 
saw the chalk mark, a virtual terrorist will need to know to look for 
his message. (He can't be expected to search every picture.)  There 
are lots of ways to communicate a signal: timestamp on the message, 
an uncommon word in the subject line, etc.  Use your imagination 
here; the possibilities are limitless.

The effect is that the sender can transmit a message without ever 
communicating directly with the receiver.  There is no e-mail between 
them, no remote logins, no instant messages.  All that exists is a 
picture posted to a public forum, and then downloaded by anyone 
sufficiently enticed by the subject line (both third parties and the 
intended receiver of the secret message).

So, what's a counter-espionage agency to do?  There are the standard 
ways of finding steganographic messages, most of which involve 
looking for changes in traffic patterns.  If Bin Laden is using 
pornographic images to embed his secret messages, it is unlikely 
these pictures are being taken in Afghanistan.  They're probably 
downloaded from the Web.  If the NSA can keep a database of images 
(wouldn't that be something?), then they can find ones with subtle 
changes in the low-order bits.  If Bin Laden uses the same image to 
transmit multiple messages, the NSA could notice that.  Otherwise, 
there's probably nothing the NSA can do.  Dead drops, both real and 
virtual, can't be prevented.

Why can't businesses use this?  The primary reason is that legitimate 
businesses don't need dead drops.  I remember hearing one company 
talk about a corporation embedding a steganographic message to its 
salespeople in a photo on the corporate Web page.  Why not just send 
an encrypted e-mail?  Because someone might notice the e-mail and 
know that the salespeople all got an encrypted message.  So send a 
message every day: a real message when you need to, and a dummy 
message otherwise.  This is a traffic analysis problem, and there are 
other techniques to solve it.  Steganography just doesn't apply here.

Steganography is good way for terrorist cells to communicate, 
allowing communication without any group knowing the identity of the 
other.  There are other ways to build a dead drop in cyberspace.  A 
spy can sign up for a free, anonymous e-mail account, for example. 
Bin Laden probably uses those too.

News articles:






My old essay on steganography:


Study claims no steganography on eBay:


Detecting steganography on the Internet:


A version of this essay appeared on ZDnet:




** *** ***** ******* *********** *************

                      News



I am not opposed to using force against the terrorists.  I am not 
opposed to going to war -- for retribution, deterrence, and the 
restoration of the social contract -- assuming a suitable enemy can 
be identified.  Occasionally, peace is something you have to fight 
for.  But I think the use of force is far more complicated than most 
people realize.  Our actions are important; messing this up will only 
make things worse.

Written before September 11: A former CIA operative explains why the 
terrorist Usama bin Laden has little to fear from American 
intelligence.

And a Russian soldier discusses why war in Afghanistan will be a nightmare.

A British soldier explains the same:

Lessons from Britain on fighting terrorism:

1998 Esquire interview with Bin Ladin:


Phil Agre's comments on these issues:



Why technology can't save us:


Hactivism exacts revenge for terrorist attacks:

FBI reminds everyone that it's illegal:



Hackers face life imprisonment under anti-terrorism act:

Especially scary are the "advice or assistance" components.  A 
security consultant could face life imprisonment, without parole, if 
he discovered and publicized a security hole that was later exploited 
by someone else.  After all, without his "advice" about what the hole 
was, the attacker never would have accomplished his hack.

Companies fear cyberterrorism:


They're investing in security:



Upgrading government computers to fight terrorism:


Risks of cyberterrorism attacks against our electronic infrastructure:



Now the complaint is that Bin Laden is NOT using high-tech communications:


Larry Ellison is willing to give away the software to implement a 
national ID card.

Security problems include: inaccurate information, insiders issuing 
fake cards (this happens with state drivers' licenses), vulnerability 
of the large database, potential privacy abuses, etc.  And, of 
course, no trans-national terrorists would be listed in such a 
system, because they wouldn't be U.S. citizens.  What do you expect 
from a company whose origins are intertwined with the CIA?


** *** ***** ******* *********** *************

         Protecting Privacy and Liberty



Appalled by the recent hijackings, many Americans have declared 
themselves willing to give up civil liberties in the name of 
security.  They've declared it so loudly that this trade-off seems to 
be a fait accompli.  Article after article talks about the balance 
between privacy and security, discussing whether various increases of 
security are worth the privacy and civil-liberty losses.  Rarely do I 
see a discussion about whether this linkage is a valid one.

Security and privacy are not two sides of a teeter-totter.  This 
association is simplistic and largely fallacious.  It's easy and 
fast, but less effective, to increase security by taking away 
liberty.  However, the best ways to increase security are not at the 
expense of privacy and liberty.

It's easy to refute the notion that all security comes at the expense 
of liberty.  Arming pilots, reinforcing cockpit doors, and teaching 
flight attendants karate are all examples of security measures that 
have no effect on individual privacy or liberties.  So are better 
authentication of airport maintenance workers, or dead-man switches 
that force planes to automatically land at the closest airport, or 
armed air marshals traveling on flights.

Liberty-depriving security measures are most often found when system 
designers failed to take security into account from the beginning. 
They're Band-aids, and evidence of bad security planning.  When 
security is designed into a system, it can work without forcing 
people to give up their freedoms.

Here's an example: securing a room.  Option one: convert the room 
into an impregnable vault.  Option two: put locks on the door, bars 
on the windows, and alarm everything.  Option three: don't bother 
securing the room; instead, post a guard in the room who records the 
ID of everyone entering and makes sure they should be allowed in.

Option one is the best, but is unrealistic.  Impregnable vaults just 
don't exist, getting close is prohibitively expensive, and turning a 
room into a vault greatly lessens its usefulness as a room.  Option 
two is the realistic best; combine the strengths of prevention, 
detection, and response to achieve resilient security.  Option three 
is the worst.  It's far more expensive than option two, and the most 
invasive and easiest to defeat of all three options.  It's also a 
sure sign of bad planning; designers built the room, and only then 
realized that they needed security.  Rather then spend the effort 
installing door locks and alarms, they took the easy way out and 
invaded people's privacy.

A more complex example is Internet security.  Preventive 
countermeasures help significantly against script kiddies, but fail 
against smart attackers.  For a couple of years I have advocated 
detection and response to provide security on the Internet.  This 
works; my company catches attackers -- both outside hackers and 
insiders -- all the time.  We do it by monitoring the audit logs of 
network products: firewalls, IDSs, routers, servers, and 
applications.  We don't eavesdrop on legitimate users or read 
traffic.  We don't invade privacy.  We monitor data about data, and 
find abuse that way.  No civil liberties are violated.  It's not 
perfect, but nothing is.  Still, combined with preventive security 
products it is more effective, and more cost-effective, than anything 
else.

The parallels between Internet security and global security are 
strong.  All criminal investigation looks at surveillance records. 
The lowest-tech version of this is questioning witnesses.  In this 
current investigation, the FBI is looking at airport videotapes, 
airline passenger records, flight school class records, financial 
records, etc.  And the better job they can do examining these 
records, the more effective their investigation will be.

There are copycat criminals and terrorists, who do what they've seen 
done before.  To a large extent, this is what the hastily implemented 
security measures have tried to prevent.  And there are the clever 
attackers, who invent new ways to attack people.  This is what we saw 
on September 11.  It's expensive, but we can build security to 
protect against yesterday's attacks.  But we can't guarantee 
protection against tomorrow's attacks: the hacker attack that hasn't 
been invented, or the terrorist attack yet to be conceived.

Demands for even more surveillance miss the point.  The problem is 
not obtaining data, it's deciding which data is worth analyzing and 
then interpreting it.  Everyone already leaves a wide audit trail as 
we go through life, and law enforcement can already access those 
records with search warrants.  The FBI quickly pieced together the 
terrorists' identities and the last few months of their lives, once 
they knew where to look.  If they had thrown up their hands and said 
that they couldn't figure out who did it or how, they might have a 
case for needing more surveillance data.  But they didn't, and they 
don't.

More data can even be counterproductive.  The NSA and the CIA have 
been criticized for relying too much on signals intelligence, and not 
enough on human intelligence.  The East German police collected data 
on four million East Germans, roughly a quarter of their population. 
Yet they did not foresee the peaceful overthrow of the Communist 
government because they invested heavily in data collection instead 
of data interpretation.  We need more intelligence agents squatting 
on the ground in the Middle East arguing the Koran, not sitting in 
Washington arguing about wiretapping laws.

People are willing to give up liberties for vague promises of 
security because they think they have no choice.  What they're not 
being told is that they can have both.  It would require people to 
say no to the FBI's power grab.  It would require us to discard the 
easy answers in favor of thoughtful answers.  It would require 
structuring incentives to improve overall security rather than simply 
decreasing its costs.  Designing security into systems from the 
beginning, instead of tacking it on at the end, would give us the 
security we need, while preserving the civil liberties we hold dear.

Some broad surveillance, in limited circumstances, might be warranted 
as a temporary measure.  But we need to be careful that it remain 
temporary, and that we do not design surveillance into our electronic 
infrastructure.  Thomas Jefferson once said:  "Eternal vigilance is 
the price of liberty."  Historically, liberties have always been a 
casualty of war, but a temporary casualty.  This war -- a war without 
a clear enemy or end condition -- has the potential to turn into a 
permanent state of society.  We need to design our security 
accordingly.

The events of September 11th demonstrated the need for America to 
redesign our public infrastructures for security.  Ignoring this need 
would be an additional tragedy.

Quotes from U.S. government officials on the need to preserve liberty 
during this crisis:


Quotes from editorial pages on the same need:


Selected editorials:




Schneier's comments in the UK:


War and liberties:




More on Ashcroft's anti-privacy initiatives:


Editorial cartoon:


Terrorists leave a broad electronic trail:


National Review article from 1998: "Know nothings: U.S. intelligence 
failures stem from too much information, not enough understanding"


A previous version of this essay appeared in the San Jose Mercury News:



** *** ***** ******* *********** *************

                     How to Help



How can you help?  Speak about the issues.  Write to your elected 
officials.  Contribute to organizations working on these issues.

This week the United States Congress will act on the most sweeping 
proposal to extend the surveillance authority of the government since 
the end of the Cold War. If you value privacy, there are three steps 
you should take before you open your next email message:

1. Urge your representatives in Congress to protect privacy.
- Call the White House switchboard at 202-224-3121.
- Ask to be connected to the office of your Congressional representative.
- When you are put through, say "May I please speak to the staff 
member who is working on the anti-terrorism legislation?" If that 
person is not available to speak with you, say  "May I please leave a 
message?"
- Briefly explain that you appreciate the efforts of your 
representative to address the challenges brought about by the 
September 11th tragedy, but it is your view that it would be a 
mistake to make any changes in the federal wiretap statute that do 
not respond to "the immediate threat of investigating or preventing 
terrorist acts."

2. Go to the In Defense of Freedom web site and endorse the 
statement:  

3. Forward this message to at least five other people.

We have less than 100 hours before Congress acts on legislation that 
will (a) significantly expand the use of Carnivore, (b) make computer 
hacking a form of terrorism, (c) expand electronic surveillance in 
routine criminal investigations, and (d) reduce government 
accountability.

Please act now.

More generally, I expect to see many pieces of legislation that will 
address these matters.  Visit the following Web sites for up-to-date 
information on what is happening and what you can do to help.

The Electronic Privacy Information Center:


The Center for Democracy and Technology:


The American Civil Liberties Union:



** *** ***** ******* *********** *************

CRYPTO-GRAM is a free monthly newsletter providing summaries, 
analyses, insights, and commentaries on computer security and 
cryptography.  Back issues are available on 
.

To subscribe, visit  or 
send a blank message to crypto-gram-subscribe@chaparraltree.com.  To 
unsubscribe, visit .

Please feel free to forward CRYPTO-GRAM to colleagues and friends who 
will find it valuable.  Permission is granted to reprint CRYPTO-GRAM, 
as long as it is reprinted in its entirety.

CRYPTO-GRAM is written by Bruce Schneier.  Schneier is founder and 
CTO of Counterpane Internet Security Inc., the author of "Secrets and 
Lies" and "Applied Cryptography," and an inventor of the Blowfish, 
Twofish, and Yarrow algorithms.  He is a member of the Advisory Board 
of the Electronic Privacy Information Center (EPIC).  He is a 
frequent writer and lecturer on computer security and cryptography.

Counterpane Internet Security, Inc. is the world leader in Managed 
Security Monitoring.  Counterpane's expert security analysts protect 
networks for Fortune 1000 companies world-wide.



Copyright (c) 2001 by Counterpane Internet Security, Inc.

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[Note from Matthew Gaylor:  In a perfect world this principal would be fired.]



Tongue Tied: Making Over the Minutemen

Monday, October 01, 2001
By Scott Norvell

The minuteman mascot at Jefferson Middle School in Fort Wayne,
Ind., has had a makeover, writes columnist Kevin Leininger of the
News-Sentinel. Gone is his musket, because the principal says guns
have no place in schools.

The image still stands on a wall just inside the main door of the
school, but was repainted recently to exclude the firearm.

Principal Michael Morris, who took over at the school in July, said:
"The mural needed to be repainted anyway, and this sends a
stronger, better message about patriotism. Everyone loves it."

Not everyone. "Those who would purge violence from American
history do more than dishonor the sacrifices made to write that
history: It gives children the inaccurate and dangerous notion that
our freedoms were won and can be maintained without a struggle,"
writes Leininger.

[...]

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Subject: US Justice Dept. Releases Hate Crime Statistics
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U.S. Department of Justice
Bureau of Justice Statistics

Press release

ADVANCE FOR RELEASE AT 4:30 P.M. EDT	BJS
Sunday, September 23, 2001	202/307-0784

JUSTICE DEPARTMENT RELEASES 1997 TO 1999 HATE CRIME STATISTICS

     WASHINGTON, D.C. - Almost 3,000 of the approximately 5.4 million 
criminal victimizations reported to police from 1997 through 1999 in 
more than a dozen states were considered to be hate crimes, according 
to a new study published today by the Justice Department's Bureau of 
Justice Statistics (BJS). Hate crimes, or bias-motivated crimes, are 
defined as offenses motivated by hatred against a victim based on his 
or her race, religion, sexual orientation, handicap, ethnicity or 
national origin.

     Of the 2,976 incidents police departments reported to the 
Federal Bureau of Investigation's National Incident-Based Reporting 
System (NIBRS) for those three years that were attributed to hatred, 
1,820 were attributed to racial bias (61 percent), 431 to religious 
bigotry (14 percent), 379 to sexual orientation (13 percent), 329 to 
ethnicity (11 percent) and 17 to physical or mental disabilities 
(less than 1 percent).

     In 60 percent of the hate crime incidents the most serious 
offense was a violent crime - most commonly intimidation or simple 
assault. Aggravated assault was the most serious offense reported in 
13 percent of the incidents. In almost 40 percent of the incidents 
the most serious offense was a property crime, 73 percent of which 
was damage, destruction or vandalism.

     Among racially-motivated bias incidents, 6 in 10 targeted 
blacks, 3 in 10 targeted whites, and the remainder targeted Asians or 
American Indians. In incidents involving religious bias, 41 percent 
targeted Jewish victims and 31 percent targeted unspecified religious 
groups.

     More than half of violent hate crime victims were 24 years old 
or younger and almost a third were younger than age 18. Hate crime 
offenders also tended to be younger. Thirty-one percent of violent 
hate crime offenders, and 46 percent of property offenders were under 
18 years old.

     Thirty-two percent of the reported hate crimes occurred in a 
residence, 28 percent in an open space, 19 percent in a retail or 
other commercial establishment or building, 12 percent at a school or 
college and 3 percent in a church, synagogue or temple.

     Hate crimes were committed mostly against one or more 
individuals (84 percent), as opposed to business or financial 
institutions (6 percent), governments (4 percent), religious 
organizations (2 percent) or society or the general public (2 
percent).

     Of the 2,204 persons who were violent hate crime victims, 3 were 
murdered, 4 abducted or kidnaped, 17 sexually assaulted, 42 robbed 
and 2,138 assaulted (504 aggravated, 815 simple and 819 intimidated).

     On July 1, 2000, BJS added new questions to its National Crime 
Victimization Survey to uncover hate crimes that go unreported to law 
enforcement agencies. Preliminary data from the first six months of 
this data indicate that the majority of hate crimes are not reported 
to police, as is true of crimes in general.

     The Hate Crime Statistics Act of 1990 (P.L. 101-275) requires 
the collection and analysis of data on reported hate crimes. The FBI, 
in partnership with local law enforcement agencies, began the 
collection of such incidents and published annual reports as part of 
the Uniform Crime Reporting Program. In recent years, many law 
enforcement agencies have begun to report hate crime data through 
NIBRS, which is a more detailed reporting system with the ability to 
capture a wide range of information on specific incidents. In 1999, 
3,396 agencies from 17 states representing 13 percent of the U.S. 
population submitted NIBRS data to the FBI.

     The special report, "Hate Crimes Reported in NIBRS, 1997-99" 
(NCJ-186765), was written by BJS statistician Kevin J. Strom. Single 
copies may be obtained by calling the BJS clearinghouse number: 
1-800-732-3277. Fax orders for mail delivery to 410/792-4358. After 
the release date the data will be available at:

After the release date these materials will be available at:

http://www.ojp.usdoj.gov/bjs/abstract/hcrn99.htm

The BJS Internet site is:

http://www.ojp.usdoj.gov/bjs/

Additional criminal justice materials can be obtained from the Office 
of Justice Programs homepage at:

http://www.ojp.usdoj.gov

# # #

BJS01193
E-mail: stu@ojp.usdoj.gov
After hours contact: Stu Smith at 301/983-9354

Bureau of Justice Statistics
www.ojp.usdoj.gov/bjs/
Send comments to askbjs@ojp.usdoj.gov

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From freematt@coil.com  Tue Oct  2 16:53:36 2001
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Date: Mon, 01 Oct 2001 16:44:30 -0400
To: frissell@panix.com
From: Duncan Frissell 
Subject: Taxpatriates Page Updated


In spite of the war, the Feds finally issued the 4Q 2000 and the 1Q & 
2Q 2001 Taxpatrates lists some months late on September 24th.  See:

http://frissell.com/taxpat/taxpats.html

I trust that their inefficiency doesn't extend to tax collections.

I've updated the various .csv and Palm OS databases on the site.  As 
of the 2nd quarter of 2001, 3512 names have appeared on the 
Taxpatriate lists.

The significant items on these new lists:

Christopher Ronald Getty appeared on the 2Q 2001 list.  He is now one 
of 4 Getty grandchildren who have renounced their US citizenship in 
deference to Erie.
https://www.angelfire.com/celeb/millers/gettys1.html

Shere Hite the '70s sex author "The Hite Report" appears on the 1Q 
2001 list.  Living in Paris and married to a German pianist, Ms. Hite 
has long complained of oppression at the hands of US puritanism.
http://www.uni-leipzig.de/~amerika/tp/tp_311.htm

Frederick Moulton Alger who was the first name on the first Taxpats 
list back in 4Q 1996 is back in the US and running his family 
investment firm Fred Alger Management after his brother David died in 
the WTC attack.  http://frissell.com/taxpat/29ALGE.html

DCF
----
"You don't have to be nice to Nation States you meet on the way up if 
you're not coming back down." -- DCF

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Date: Tue, 2 Oct 2001 19:28:01 -0400
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From: Matthew Gaylor 
Subject: Encryption Can't Be Limited
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September 25, 2001

Tech Center

Encryption Can't Be Limited, Experts Say
In Setback for Lawmakers Seeking Change

By LEE GOMES
Staff Reporter of THE WALL STREET JOURNAL

There is bad news in store for lawmakers thinking about changing the
nation's laws to somehow limit encryption, an idea that has been mentioned
in Washington since the Sept. 11 attacks.

You couldn't do so, say mathematicians and engineers -- even if you really
wanted to.

Encryption, or the process by which a message is scrambled to make it
unreadable by anyone but its intended recipient, has been a staple of
war-time communications since ancient times. An extremely sophisticated
form of encryption is used pervasively in personal computers, most commonly
to provide for secure communications over the Internet.

In fact, the extensive steps that technology companies have taken in recent
years to make people feel safe while shopping or buying stocks online is
one of the biggest reasons encryption is now impervious to change.

For example, every single late-model Web browser in the U.S. has built into
it the capability for very powerful encryption. There also are all manner
of widely available e-mail programs containing strong encryption.

"The toothpaste is out of the tube, and it is covering the whole planet,"
said Phil Zimmermann, whose Pretty Good Privacy is one of the best-known of
these e-mail systems.

These encryption systems, which have been developed during the past 20 or
30 years, make use of some powerful mathematical concepts to create
encoding systems whose power is mind-numbing. It is a trivial matter, for
example, to encrypt a message on a simple PC so that the biggest computer
in the world couldn't decipher it without spending far more time on the
problem than exists in lifespan of the entire universe.

Some in Washington have suggested that software firms redo their encryption
programs to give lawmakers a backdoor means of reading encrypted files.
That is technically possible, but would first require the "recall" of most
existing Internet software, since it contains no such backdoor.

But even if all existing software was somehow modified to remove its
encryption, experts say it would be a simple thing for anyone with even the
most basic education in mathematics to develop new encryption software. Dan
Boneh, a specialist in encryption at the computer-science department at
Stanford University, said that simply by using the mathematics functions
built into a spreadsheet program like Microsoft Excel, he could, in
lessthan an hour, write a simple encryption system that would make do in an
emergency.

"The algorithms to do it are very widely available," he said.

That is one reason that Dr. Boneh and others say the only sure-fire way to
eliminate strong encryption is to somehow eliminate all PCs.

There are other problems with modifying encryption laws, experts say. Chief
among them is the simple fact that if the laws somehow were changed,
terrorists, criminals and others would be sure to no longer use encrypted
PC communications to plan their deeds.

There has been no evidence that the Sept. 11 terrorists used encryption
systems, though lawmakers have said they seemed to have made use of the
free e-mail software readily available on the Web.

While there may be no technology-based way to deal with encryption, that
doesn't mean law-enforcement officials are powerless against it, experts
say. Various forms of low-tech "human intelligence" spying can be utilized,
for example, to discover where someone has written down a password.
According to news reports, agents from the Federal Bureau of Investigation
who were tracking an organized-crime figure using encryption were able,
with a search warrant, to install a program on the person's PC that read
his keystrokes and transmitted his messages even before they were encrypted.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---

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Date: Tue, 2 Oct 2001 19:34:32 -0400
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From: Matthew Gaylor 
Subject: World Socialist Web On PGP creator
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PGP creator defends right to encrypt emails against calls for a ban

By Mike Ingram
1 October 2001
http://www.wsws.org/articles/2001/oct2001/pgp-o01.shtml

[ Home page: http://www.wsws.org/index.shtml ]

Philip Zimmermann, the creator of Pretty Good Privacy (PGP)
encryption software, has issued a statement aimed at clarifying his
attitude towards encryption in the aftermath of the September 11
terrorist attacks in New York and Washington.

The statement, published on the technology site Slashdot, begins:

"The Friday September 21 Washington Post carried an article by Ariana
Cha that I feel misrepresents my views on the role of PGP encryption
software in the September 11th terrorist attacks."

Referring to a claim in the article that he was "overwhelmed with
feelings of guilt", Zimmermann says, "I never implied that in the
interview, and specifically went out of my way to emphasise to her
that was not the case, and made her repeat back to me this point so
that she would not get it wrong in the article. This
misrepresentation is serious, because it implies that under the
duress of terrorism I have changed my principles on the importance of
cryptography for protecting privacy and civil liberties in the
information age."

Zimmermann says that due to the political sensitivity of the issue,
he had the reporter read most of the article back to him by phone,
before she submitted it for publication. He insists, "the article had
no such statement or implication when she read it to me. The article
that appeared in the Post was significantly shorter than the
original, and had the above-mentioned crucial change in wording. I
can only speculate that her editors must have taken some
inappropriate liberties in abbreviating my feelings to such an
inaccurate soundbite."

He says he told Cha, "I felt bad about the possibility of terrorists
using PGP, but that I also felt that this was outweighed by the fact
that PGP was a tool for human rights around the world, which was my
original intent in developing it ten years ago."

Speculating on the reason for the misrepresentation in the Post
article, Zimmermann says, "It appears that this nuance of reasoning
was lost on someone at the Washington Post. I imagine this may be
caused by this newspaper's staff being stretched to their limits last
week."

Zimmermann concludes his statement; "I have always enjoyed good
relations with the press over the past decade, especially with the
Washington Post. I'm sure they will get it right the next time."

Given the seriousness of the distortion that had appeared, this
reporter contacted Cha to ask if the Post would be issuing a
retraction of the article. Cha said in reply, "What I did not realise
was that some people would take the idea that he was feeling 'guilty'
would imply that he felt he did something wrong, despite the fact
that the story says he doesn't feel he made a mistake. That was not
my intention and I apologise for any misunderstanding. The way we
were thinking about 'guilt' was simply in terms of people feeling bad
or somehow responsible, even though there may be no reason for that.

She added, "I've talked to Mr. Zimmermann about this story several
times since it ran-in fact the day after the story was in the paper
he called me to thank me for it and tell me how much he liked it. He
did not mention any possible problem until this weekend when he
reached me at home." Cha said she accepted that Zimmermann, "needed
to put out a statement to clarify that he had not changed his views
that allowing the public to have strong encryption does more good
than harm."

Whatever the facts about Zimmermann's initial thoughts on the
article, his attributing the misrepresentations contained in the
article to editorial laxity is clearly not credible.

The September 21 Post article was published amidst a concerted
campaign by the Bush administration and a compliant media to channel
public opinion behind support for anti-democratic measures. The
tragic events of September 11 have been used to mount a wholesale
attack on civil liberties, one focus of which has been an
unprecedented intrusion into peoples' online privacy. Under these
conditions, it is hardly accidental that an interview commissioned
with Zimmermann is slanted to paint a picture of the man responsible
for the development of encryption consumed with grief and regret in
the aftermath of the terrorist attack. Such an article fits in with
the tenor of official propaganda insisting that so horrific is the
tragedy, only the most insensitive would object to a necessary
curtailing of civil liberties.

Zimmermann's public stance, as expressed in the Slashdot statement,
is entirely justified. Saying that the Post article "showed that I'm
not an ideologue when faced with a tragedy of this magnitude," he
continues:

"Did I re-examine my principles in the wake of this tragedy? Of
course I did. But the outcome of this re-examination was the same as
it was during the years of public debate, that strong cryptography
does more good for a democratic society than harm, even if it can be
used by terrorists. Read my lips: I have no regrets about developing
PGP."

Rather than the response to a terrorist outrage, the present moves to
curb encryption and for closer monitoring of Internet use is the
outcome of a long held desire by the security services to be able to
monitor the movements and correspondence of every individual.
Sections of the US political elite have never reconciled themselves
to having been forced to abandon the so-called "escrow" plan,
requiring decoding keys used for private messages to be given to the
government. Neither have they accepted the December 1999 decision to
abandon controls on the use of "strong encryption."

Writing in the Online section of the Guardian newspaper in Britain,
Duncan Campbell exposes the claim that encryption played a key role
in regard to the terror attacks in the US. Campbell writes, "FBI
investigators had been able to locate hundreds of email
communications, sent 30 to 45 days before the attack... The messages,
in both English and Arabic, were sent within the US and
internationally... According to the FBI, the conspirators had not
used encryption or concealment methods. Once found, the emails could
be openly read. [Emphasis added]

Campbell cites Dr Brian Gladman, formerly responsible for electronic
security at the Ministry of Defence and NATO, who "believes that the
reason that the terrorists didn't use encrypted emails is that would
have 'stood out like a sore thumb' to NSA's surveillance network,
enabling them to focus on who they were."

For the real reason for the calls for increased surveillance and a
ban on encryption, one must look back to the period immediately prior
to the terrorist attack when tens of thousands of people were
protesting against the injustices of global capital in Seattle,
Melbourne, Quebec and Genoa. It was then that media commentators and
government spokesmen began talking about the role of the Internet in
allowing people to organise on a global scale and demanded an
effective means of preventing the free association of millions of
people desirous of social and political change.

See Also:
Internet privacy threatened following terrorist attacks on US
http://www.wsws.org/articles/2001/sep2001/isp-s24.shtml
[24 September 2001]

Copyright 1998-2001
World Socialist Web Site
All rights reserved

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From freematt@coil.com  Mon Oct  8 12:13:18 2001
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Date: Mon, 8 Oct 2001 13:23:40 -0400
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Subject: NYT: A Cautionary Tale for a New Age of Surveillance By JEFFREY
 ROSEN
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[Note from Matthew Gaylor:  This is an article that is worth reading 
in it's entirety.  Of Orwellian significance is this quote:  "The 
Office of Homeland Security might be the overall umbrella that will 
coordinate with local police forces to install cameras linked to a 
biometric network throughout American cities."  This must be opposed.]



October 7, 2001

A Cautionary Tale for a New Age of Surveillance

By JEFFREY ROSEN

week after the attacks of Sept. 11, as the value of most American 
stocks plummeted, a few companies, with products particularly well 
suited for a new and anxious age, soared in value. One of the fastest 
growing stocks was Visionics, whose price more than tripled. The New 
Jersey company is an industry leader in the fledgling science of 
biometrics, a method of identifying people by scanning and 
quantifying their unique physical characteristics -- their facial 
structures, for example, or their retinal patterns. Visionics 
manufactures a face-recognition technology called FaceIt, which 
creates identification codes for individuals based on 80 unique 
aspects of their facial structures, like the width of the nose and 
the location of the temples. FaceIt can instantly compare an image of 
any individual's face with a database of the faces of suspected 
terrorists, or anyone else.

[...]

Of course, protecting airports is only one aspect of homeland 
security: a terrorist could be lurking on any corner in America. In 
the wake of the Sept. 11 attacks, Howard Safir, the former New York 
police commissioner, recommended the installation of 100 biometric 
surveillance cameras in Times Square to scan the faces of pedestrians 
and compare them with a database of suspected terrorists. Atick told 
me that since the attacks he has been approached by local and federal 
authorities from across the country about the possibility of 
installing biometric surveillance cameras in stadiums and subway 
systems and near national monuments. "The Office of Homeland Security 
might be the overall umbrella that will coordinate with local police 
forces" to install cameras linked to a biometric network throughout 
American cities, Atick told me. "How can we be alerted when someone 
is entering the subway? How can we be sure when someone is entering 
Madison Square Garden? How can we protect monuments? We need to 
create an invisible fence, an invisible shield."

[...]


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From freematt@coil.com  Mon Oct  8 12:16:11 2001
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Date: Mon, 8 Oct 2001 13:27:40 -0400
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From: Matthew Gaylor 
Subject: ACLU Calls New Senate Terrorism Bill Significantly Worse
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http://www.aclu.org/safeandfree/

Safe and Free
Safe and Free in Times of Crisis

ACLU Calls New Senate Terrorism Bill Significantly Worse; Says 
Long-Term Impact on Freedom Cannot Be Justified
FOR IMMEDIATE RELEASE
Friday, October 5, 2001

Spotlight: Ten Points Statement of Principles: In Defense of Freedom 
at a Time of Crisis WASHINGTON -- The American Civil Liberties Union 
today urged the Senate to reject the newest version of proposed 
anti-terrorism legislation, saying that it poses significantly more 
danger to civil liberties than the measure adopted earlier this week 
by the House Judiciary Committee.

"The new Senate legislation goes far beyond any powers conceivably 
necessary to fight terrorism in the United States," said Laura W. 
Murphy, Director of the ACLU's Washington National Office. "The 
long-term impact on basic freedoms in this legislation cannot be 
justified."

"For immigrants," added Gregory T. Nojeim, Associate Director of the 
ACLU's Washington Office, "this bill is a dramatic setback. It is 
unconscionable to detain immigrants who prove in a court of law that 
they are not terrorists and who win their deportation cases."

Among the bill's most troubling provisions, the ACLU said, are 
measures that would:

*	Allow for indefinite detention of non-citizens, even if they 
have successfully challenged a government effort to deport them.
*	Minimize judicial supervision of federal telephone and 
Internet surveillance by law enforcement authorities.
*	Expand the ability of the government to conduct secret searches.
*	Give the Attorney General and the Secretary of State the 
power to designate domestic groups as terrorist organizations and 
block any non-citizen who belongs to them from entering the country. 
Under this provision, paying membership dues to such an organization 
would become a deportable offense.
*	Grant the FBI broad access to sensitive business records 
about individuals without having to show evidence of a crime.
*	Lead to large-scale investigations of American citizens for 
"intelligence" purposes.

The new legislation, which has been significantly rewritten in the 
last 24 hours, was given to Senate offices today. Senate leaders said 
they are planning to by-pass Judiciary Committee hearings and 
mark-up; a floor vote in the Senate could happen as early as next 
Wednesday.

"In its rush to legislate, the Senate is abandoning its 
responsibility to be deliberative and careful," Murphy said. "We urge 
Senators to insure that any legislation maximizes our security while 
minimizing the impact on our civil liberties."

Following are highlights of the civil liberties implications of the 
compromise legislation introduced by Majority Leader Tom Daschle, 
D-SD, Minority Leader Trent Lott, R-MS, Judiciary Committee Chairman 
Patrick Leahy, D-VT, and ranking minority member Orrin Hatch, R-UT. 
Senators Bob Graham, D-FL, and Paul Sarbanes, D-MD, are also original 
co-sponsors.

Immigration

The ACLU said that the new bill would confer new and unprecedented 
detention authority on the Attorney General based on vague and 
unspecified predictions of threats to the national security.

Specifically, the ACLU said that the new legislation would permit the 
indefinite administrative detention of non-citizens -- including 
those who win their deportation cases -- based merely on the Attorney 
General's certification that he has "reasonable grounds to believe" 
the non-citizen endangers national security. In addition, 
non-citizens ordered removed to countries that would not accept them 
could also be indefinitely detained.

"Very few countries will agree to take back one of their citizens if 
the United States has labeled him a terrorist," Nojeim said. "Even 
though it says it has compromised on indefinite detention, under this 
legislation, the Administration still achieves the same result of 
being able to imprison indefinitely someone who has never been 
convicted of a crime."

In addition, the ACLU said that the legislation provides for no 
meaningful review of the Attorney General's certification because the 
standards for the certification are so vague that judges would have 
no yardstick for which to judge the appropriateness of the detention. 
The review could be had only once, not years later while the 
non-citizen remained detained based on a stale determination by the 
Attorney General.

Wiretapping and Intelligence Surveillance

On the question of wiretapping and intelligence surveillance, the 
ACLU said that the wiretapping proposals in the Senate bill continue 
to sound two themes: they minimize the role of a judge in ensuring 
that law enforcement wiretapping is conducted legally and with proper 
justification, and they permit use of intelligence investigative 
authority to by-pass normal criminal procedures that protect privacy.

The ACLU said that it was specifically concerned about the following 
provisions of the new Senate legislation:

1.	The bill would allow the government to use its intelligence 
gathering power to circumvent the standard that must be met for 
criminal wiretaps. Currently FISA surveillance, which does not 
contain many of the same checks and balances that govern wiretaps for 
criminal purposes, can be used only when foreign intelligence 
gathering is the primary purpose. The compromise bill would allow use 
of FISA surveillance authority even if the primary purpose were a 
criminal investigation. Intelligence surveillance merely needs to be 
only a "significant" purpose.

2.	Under current law, a law enforcement agent can get a pen 
register or trap and trace order requiring the telephone company to 
reveal the numbers dialed to and from a particular phone. It must 
simply certify that the information to be obtained is "relevant to an 
ongoing criminal investigation." This is a very low level of proof, 
far less than probable cause. The judge must grant the order upon 
receiving the certification. The new bill would extend this low 
threshold of proof to Internet communications that are far more 
revealing than numbers dialed on a phone. For example, it would 
apparently apply to law enforcement efforts to determine what 
websites a person had visited. This is like giving law enforcement 
the power - based only on its own certification -- to require the 
librarian to report on the books you had perused while visiting the 
public library. This is extending a low standard of proof - far less 
than probable cause -- to "content" information.

3.	In allowing for "nationwide service" of pen register and trap 
and trace orders, the bill would further marginalize the role of the 
judiciary. It would authorize what would be the equivalent of a blank 
warrant in the physical world: the court issues the order, and the 
law enforcement agent fills in the places to be searched. This is not 
consistent with the important Fourth Amendment privacy protection of 
requiring that warrants specify the place to be searched. Under this 
legislation, a judge would be unable to meaningfully monitor the 
extent to which her order was being used to access information about 
Internet communications. The Senate amendment to the Commerce, 
Justice and State Appropriations bill included a similar provision.

4.	The bill would also grant the FBI broad access in 
"intelligence" investigations to records about a person maintained by 
a business. The FBI would need only certify to a court that it is 
conducting an intelligence investigation and that the records it 
seeks may be relevant. With this new power, the FBI could force a 
business to turn over a person's educational, medical, financial, 
mental health and travel records based on a very low standard of 
proof and without meaningful judicial oversight.

The ACLU noted that the FBI already has broad authority to monitor 
telephone and Internet communications. Most of the changes proposed 
in the bill would apply not just to surveillance of terrorists, but 
instead to all surveillance in the United States.

Law enforcement authorities -- even when they are required to obtain 
court orders - have great leeway under current law to investigate 
suspects in terrorist attacks. Current law already provides, for 
example, that wiretaps can be obtained for the crimes involved in 
terrorist attacks, including destruction of aircraft and aircraft 
piracy.

The FBI also already has authority to intercept these communications 
without showing probable cause of crime for "intelligence" purposes 
under the Foreign Intelligence Surveillance Act (FISA). Little is 
known about the extent of this wiretapping, other than that FISA 
wiretaps now exceed wiretapping for all domestic criminal 
investigations. The standards for obtaining a FISA wiretap are lower 
than the standards for obtaining a criminal wiretap.

Criminal Justice

One of the most serious civil liberties concerns in the Senate bill 
is that it would dramatically expand the use of secret searches. 
Normally, a person is notified when law enforcement conducts a 
search. In some cases regarding searches for electronic information, 
law enforcement authorities can get court permission to delay 
notification of a search. This bill would extend the authority of the 
government to request "secret searches" to every criminal case. This 
vast expansion of power goes far beyond anything necessary to conduct 
terrorism investigations.

The bill would also allow for the broad sharing of sensitive 
information in criminal cases with intelligence agencies, including 
the CIA, the NSA, the INS and the Secret Service. It would permit 
sensitive grand jury and wiretap information without judicial review 
or any safeguards regarding the future use or dissemination of such 
information.

The bill also creates a new crime of "domestic terrorism." The new 
offense would transform protestors into terrorists if they engage in 
conduct that "involves acts dangerous to human life." Members of 
Operation Rescue, the Environmental Liberation Front and Greenpeace, 
for example, have all engaged in activities that could subject them 
to prosecution as terrorists. Then, under this legislation, the 
dominos would fall. Those who provide lodging or other assistance to 
these "domestic terrorists" could have their homes wiretapped and 
could be prosecuted.


Last Updated: 10-05-01
	 



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From: Matthew Gaylor 
Subject: Full Text Of Bin Laden's Statement
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http://cbsnews.com/now/story/0,1597,313865-412,00.shtml

Videotaped Statement
Broadcast On Qatar-Based
Al-Jazeera Television

DUBAI, Oct. 7, 2001

(CBS) The following is the text of a videotaped statement made by Saudi-born
dissident Osama bin Laden and broadcast on Qatar-based al-Jazeera television
on Sunday:

"Here is America struck by God Almighty in one of its vital organs, so that
its greatest buildings are destroyed. Grace and gratitude to God. America
has been filled with horror from north to south and east to west, and thanks
be to God that what America is tasting now is only a copy of we have tasted.

Our Islamic nation has been tasting the same for more 80 years, of
humiliation and disgrace, its sons killed and their blood spilled, its
sanctities desecrated.

God has blessed a group of vanguard Muslims, the forefront of Islam, to
destroy America. May God bless them and allot them a supreme place in
heaven, for He is the only one capable and entitled to do so. When those
have stood in defense of their weak children, their brothers and sisters in
Palestine and other Muslim nations, the whole world went into an uproar, the
infidels followed by the hypocrites.

A million innocent children are dying at this time as we speak, killed in
Iraq without any guilt. We hear no denunciation, we hear no edict from the
hereditary rulers. In these days, Israeli tanks rampage across Palestine, in
Ramallah, Rafah and Beit Jala and many other parts of the land of Islam, and
we do not hear anyone raising his voice or reacting. But when the sword fell
upon America after 80 years, hypocrisy raised its head up high bemoaning
those killers who toyed with the blood, honor and sanctities of Muslims.

The least that can be said about those hypocrites is that they are apostates
who followed the wrong path. They backed the butcher against the victim, the
oppressor against the innocent child. I seek refuge in God against them and
ask Him to let us see them in what they deserve.

I say that the matter is very clear. Every Muslim after this event (should
fight for their religion), after the senior officials in the United States
of America starting with the head of international infidels, (U.S. President
George W.) Bush and his staff who went on a display of vanity with their men
and horses, those who turned even the countries that believe in Islam
against us - the group that resorted to God, the Almighty, the group that
refuses to be subdued in its religion.

They (America) have been telling the world falsehoods that they are fighting
terrorism. In a nation at the far end of the world, Japan, hundreds of
thousands, young and old, were killed and (they say) this is not a world
crime. To them it is not a clear issue. A million children (were killed) in
Iraq, to them this is not a clear issue.

But when a few more than 10 were killed in Nairobi and Dar es Salaam,
Afghanistan and Iraq were bombed and hypocrisy stood behind the head of
international infidels, the modern world's symbol of paganism, America, and
its allies.

I tell them that these events have divided the world into two camps, the
camp of the faithful and the camp of infidels. May God shield us and you
from them.

Every Muslim must rise to defend his religion. The wind of faith is blowing
and the wind of change is blowing to remove evil from the Peninsula of
Mohammad, peace be upon him.

As to America, I say to it and its people a few words: I swear to God that
America will not live in peace before peace reigns in Palestine, and before
all the army of infidels depart the land of Mohammad, peace be upon him.

God is the Greatest and glory be to Islam.

C MMI Reuters Limited.
All Rights Reserved.

__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
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From: Matthew Gaylor 
Subject: Major Networks Refuse Front Sight's ARM PILOTS Commercial
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Date: Thu, 4 Oct 2001 20:42:23 -0400 (EDT)
Mailing-List: contact frontsight-news-help@nvccw.org; run by ezmlm
To: Matthew Gaylor 
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From: info@frontsight.com
Subject: Major Networks Refuse Front Sight's ARM PILOTS Commercial
X-WMSoftware: Cyclonic Webmail (C) 1998-2000

Please forward this e-mail to pilots, airlines,
congressional reps, and at least 10 other people that fly
commercial airlines. Spread this rapidly and world wide. We
can turn the tables on terrorists  and take back control of
the skies!

FOR IMMEDIATE RELEASE
October 4, 2001

CONTACT:
Dr. Ignatius Piazza
1.800.987.7719
Fax: 831.684.2137
e-mail: info@frontsight.com
http://www.frontsight.com

Major Networks Refuse Front Sight's ARM PILOTS Commercial

Las Vegas, Nevada: Major media networks have refused to air
a 60 second commercial calling for President Bush, the FAA,
and the airlines to arm commercial pilots.  The commercial,
to run on prime time slots was produced and sponsored by
Front Sight Founder's Society.

Front Sight Firearm Training Institute's Founder and
Director, Dr. Ignatius Piazza was surprised that major
networks refused to air a commercial in which Front Sight
encourages Americans to contact President Bush, the FAA, and
the airlines to demand that our commercial pilots be armed.
In the commercial Front Sight also offers to immediately
train all commercial pilots and co-pilots FREE OF CHARGE
that are authorized to carry a gun to defend the cockpit
against terrorists.

Piazza states, "It is unfortunate that the major networks
would not air our 60 second commercials aimed at spreading
the truth that the only solution to forever preventing
another World Trade Center attack is to give pilots the
ability and authority to defend the cockpit with a gun.
Front Sight's solution is simple, efficient, effective and
will not cost the taxpayers, air passengers, or airlines a
dime. Our commercial demonstrated how easy and safe it is to
stop cold a terrorist attempting to invade the doorway of
the cockpit or take a hostage. Front Sight has the absolute
solution. We are willing to provide our gift of up to 150
million dollars in training free of charge and Front Sight
Founder's Society is spending hundreds of thousands of
dollars to spread the truth of our solution."

To view the commercial that major media networks refused to
air visit Front Sight's web site at
http://www.frontsight.com/gun_school_for_pilots_complete.htm
and support Front Sight's efforts to arm and train our
commercial pilots by joining Front Sight Founder's Society.

Front Sight Founder's Society is now producing a new 60
second commercial to be ready by next week.  Says Piazza,
"The next commercial, unfortunately must be more politically
correct to get it aired, but will have the same message to
arm our pilots and take back control of the skies.  Watch
for it and support Front Sight's Founder's Society."

Contact:

Dr. Ignatius Piazza
1.800.987.7719

Front Sight
www.frontsight.com

Front Sight Founders' Society
http://www.frontsight.com/founders_society.htm


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Subject: Life in prison for hacking too stiff By YAEL LI-RON
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Published Sunday, October 7, 2001


Life in prison for hacking too stiff
YAEL LI-RON: USER FRIENDLY

A NEW BILL currently being considered in Congress calls for life in 
prison without a possibility of parole for people who engage in 
computer trespass (also known as hackers). Obviously, the 
Anti-Terrorism Act (ATA) is the direct result of the Sept. 11 
attacks, but several organizations are already crying foul over its 
implications.

Most noticeably, the Electronic Frontier Foundation (EFF) has 
publicly condemned the ATA, saying the punishment is too severe, 
potentially sending "relatively harmless pranksters" to prison for 
life. The bill treats low-level computer intrusion, already a crime 
under existing laws, as an act of terrorism.

Which means that a misguided teen-ager who engages in breaking and 
entering into a computer network somewhere will be tantamount to 
committing an act of terrorism and will go to prison forever. 
Murderers often get less than that. Yet Attorney General John 
Ashcroft is asking Congress to rush the bill's passage, which doesn't 
give us a whole lot of time to let our elected officials know how we 
feel about that bill.


The bill's retroactive

The ATA also has far-reaching implications on privacy and the Fourth 
Amendment by clearing the way for wiretaps without court orders. In 
particular, your e-mail and voicemail are not private anymore, nor 
are your Web browsing habits (the latter can be easily tracked by 
inspecting the contents of your cookies). And the proposed bill 
doesn't take any chances -- it applies retroactively, too.

The bill will no doubt hasten the wide use of the controversial 
Carnivore snoop program used by the FBI, which can crack just about 
most any encoded message posted to the Web or e-mail. Sure, we need 
to find and stop terrorists for good, but if we give up our civil 
liberties today, we'll never get them back.

The ACLU naturally joins the fight against the direction the ATA is 
taking, saying "We need to ensure that actions by our government 
uphold the principles of a democratic society, accountable government 
and international law, and that all decisions are taken in a manner 
consistent with the Constitution."


FTC's role

In a related story, FTC chairman Timothy J. Muris announced last week 
that his agency won't seek more aggressive online privacy laws, which 
the Congress last year was set to consider. In fact, according to the 
Electronic Privacy Information Center (EPIC, www.epic.org), another 
civil-liberties watchdog, more than 200 new privacy laws have been 
proposed in Congress in the past year, and not one of them ever made 
it to a committee.

To find out more about the ATA and to find what you can do about it, 
check out the EFF's Web site (www.eff.org), where you can get a 
sample letter for forwarding to your legislator. Or visit the ACLU's 
site (www.aclu.org) for more writing on the subject and another 
letter-writing campaign. Another privacy organization, the Center for 
Democracy and Technology (www.cdt.gov) also has excellent information 
about this topic as well as an online petition you can sign.

Yael Li-Ron has been writing about computers and the Internet for 15 
years. A former magazine editor and the co-author of several how-to 
books, these days she keeps busy as a freelance writer and a 
user-interface consultant to software developers. Reach her through 
her site, www.tipx.com

©2001 Contra Costa Newspapers, Inc.

__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
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Subject: 
 Anthrax!
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When asked about the current Anthrax scare, President Bush replied, 
"I don't  know what the big deal is all about.  I think it's 
perfectly safe to travel  by train."

Note from Matthew Gaylor:  I've heard that Israeli gas masks are now 
going for upwards of $150 with extra filters going for $30.  That's a 
far cry from the case (12) I purchased years ago for something on the 
order of $5 per mask which included West German filters.  For those 
of you who aren't well prepared or aren't well heeled let me suggest 
The Junk Science, Do-It-Yourself -- Gas Mask below:

Source:
Sierra Times
http://www.sierratimes.com/

The Junk Science, Do-It-Yourself -- Gas Mask
http://www.sierratimes.com/archive/files/oct/03/arwh100301.htm

NOTE: Click on the above URL to view the many pictures in the article.

Wayne Hicks 10.03.01

(Note to my readers: I'll be following this with a Chem-Bio 
Protection system for small children, and a Do-it-yourself chem-bio 
shelter...  only here at Sierra Times!--WH)

Wayne has compiled a new e-book: Junk Science Survival that contains 
many instructions and much more information on how to apply some of 
these ideas to your own practical use!  Click below for more 
information.
http://www.sierratimes.com/junksciad.htm

With the current state of affairs, and the repeated warnings by 
high-level Government Officials of possible, and even probable, 
Bio-Chemical Attacks on America, it seems to be time to apply the 
'Real American Junk Science" philosophy to personal protection, and, 
based on the constant references in the news media to the demand for 
gas masks that can no longer be purchased, that item won first place 
in the list.

Photo
http://www.sierratimes.com/images/mask/model1.jpg

The strange looking girl in the photo above is my Daughter, DaniJo, 
and she is wearing a dual-filtered homemade gas mask that will, 
hopefully, afford her some protection in the event our small town 
becomes the target of a bio-chem attack.  The two-stage filter is 
made of plastic bottles containing various filter materials, 
connected together by medical-grade clear neoprene tubing, and mated 
to a standard oxygen nose-mouth face mask.  The eyepiece started out 
as an off-the-shelf eye-protector, and the housing is nothing more 
than a section of automotive inner-tube into which all of the 
relevant pieces have been secured with staples and rubber cement.

Air is drawn into the filter bottles through a length of 3/8 inch 
copper tubing which extends through the bottle's cap and all the way 
to the bottom.  The end is crimped so that air comes out of it in 
small streams.
The bottle contains rubbing alcohol, and air drawn through it rises 
through the alcohol in tiny bubbles, hopefully killing any germs 
along the way.  Also attached to the cap of the bottle, right beside 
the copper tubing, is one end of a length of our medical-grade 
tubing, and the air, which has bubbled up above the level of the 
alcohol, is now drawn through it to the second stage filter.

In this smaller filter bottle, the incoming tube also rests on the 
bottom, but it is covered with a large wadding of HEPA filter 
material removed from a HEPA vacuum cleaner bag.  It is then covered 
with four ounces of powdered activated charcoal, which is in turn 
sealed into place with a stuffing of more HEPA material.  The piece 
of tubing seen protruding from the side of the mouthpiece and 
wrapping around the mask is connected to the air exhaust valve, a 
small automotive one-way valve (called a PCV valve) that allows the 
air you exhale to vent from the filter system without building up 
positive pressure in the bottle.  When you inhale, the small amount 
of vacuum you apply to the filters and lines causes the valve to 
close, preventing any outside air from returning to the mask.  Since 
the exhaust-valve tubing is six inches long, any air in the tubing 
that might get sucked in before the ball can close is only air that 
you have already filtered and breathed out, and therefore presents no 
danger.  A second PCV valve is placed in the line from the filters to 
the mask, but reversed, so that it opens when you breathe in and 
closes when you breathe out.

Activated Charcoal absorbs many times its own weight in contaminants 
that pass through it, and while air flows freely through the charcoal 
powder and the HEPA material; particles as small as 0.3 microns do 
not.

Powdered Activated Charcoal is well known as the world's most 
effective absorbent.  Activated Charcoal is like a magnetic sponge, 
that will adsorb any living or nonliving substance that has the 
opposite electrical charge.  It is made by cremating hardwood logs or 
coconut shells.  The resulting Charcoal is then steamed, producing 
microscopic tunnels.  Lastly, it is processed to produce sizes from 
blocks down to powder.  Different sizes of the resulting Activated 
Charcoal are used for different purposes.  When any gases or liquids 
pass by &/or through the Activated Charcoal, the substances as 
mentioned before will be attracted to it's surface.  Activated 
Charcoal can adsorb over 4,000 chemicals including drugs, poisons, 
toxins, and heavy metals, plus pathogens!  It is used in Air and 
Water filters all around the world.

HEPA filtration technology was developed by the U.S.  Atomic Energy 
Commission to remove airborne radioactive particles.  In order to be 
considered true HEPA filter it must be capable of removing 99.97% of 
particles as small as 0.3 microns.  Today HEPA filter is used in such 
places as hospitals and manufactures' clean rooms where clean air is 
absolutely vital.  ALL known bacteria will die when trapped in the 
HEPA filters, for after passing through the alcohol and Activated 
Charcoal elements, there is no moisture available to facilitate their 
growth, and they lose their own internal moisture rapidly.

This mask, as ridiculous as it looks, should be functional in 
protecting you against most bio-chemical attacks we may face, and 
here's why:

BIO ATTACKS: Because biological toxins are not volatile, as are 
chemical agents, and with rare exceptions, do not directly affect the 
skin, an aggressor would have to present toxins to target populations 
in the form of respirable aerosols, which allow contact with the more 
vulnerable inner surfaces of the lung.  This, fortunately, makes even 
our homemade gas mask potentially effective against such a threat, 
since it will absorb/trap particles as small as 0.3 microns.  Almost 
all biological attack threats are made up of aerosol particles 
between 0.5 and 5 microns in diameter.

CHEMICAL ATTACKS: During an attack with Chemical agents, the 
respiratory system must be protected against aerosols and gases in 
the air (at the same time, it's a good idea to protect the rest of 
the body against direct contact with chemical agents in the form of 
liquid or solid particles).
In addition, the respiratory system must be protected against evaporating gas.

The filter in a protective mask consists of two parts; an aerosol 
filter and a gas filter.  The aerosol filter is built up of a layer 
of fibers (HEPA).  The particles are removed when they collide with 
the fibers, to which they adhere.  If it is a volatile substance that 
adheres, it may subsequently evaporate from the aerosol filter. 
Consequently, it is important to design a filter whereby the gas 
filter component is located after the aerosol filter.

The gas filter component of the protective filter consists of 
Activated Charcoal, which absorbs over 400 varieties of chemical 
gases, including almost all known chem-warfare agents, and especially 
those which are most feasible to produce for use in large scale 
attacks.

What all this tech-speak means is that this inexpensive alternative 
mask has a reasonable chance of keeping you alive for a period of 
time while you make your way to a shelter to await the "all-clear"… 
and when I say "inexpensive", I mean it… the whole thing was built 
for less than $30.00 in off-the-shelf parts and gathered junk, and 
only took about four hours of work!

The parts list runs as follows:
1 15 inch automotive inner-tube, scrounged free from a local tire store…
1 pair of eye-protectors, $1.88 at Wal-Mart…
1 Oxygen mask w/tubing, $3.00 from a local Medical Supplies store…
1 tube "Shoe Goo" rubber cement, $2.97, Wal-Mart…
1 4 oz.  Bottle of Activated Charcoal powder, $11.00, local drug store…
2 small PCV valves, $2.49 each, Wal-Mart…
1 package Hoover True HEPA vacuum cleaner Bags, $3.97, Wal-Mart…
1 14-inch length 3/8 inch copper tubing, from an old air conditioner…
1 bottle rubbing alcohol, $.88, Wal-Mart…
1 2-liter pop bottle, from my trash can…
1 20 oz Gatorade bottle, ditto… Take a look:

Parts photo
http://www.sierratimes.com/images/mask/parts.jpg

All I did was cut out a fourteen-inch section of the inner-tube, and 
make cutouts for the eye-protectors and the nose/mouth mask, then 
push them through the holes and staple them in place.

The seams I coated with a liberal application of Shoe Goo, to ensure 
that they won't leak or come apart… if you've ever used that stuff, 
you'll know what I mean!  And, by the way… eye protectors have many 
little air holes around their housings… be sure to plug them all with 
a layer of Shoe Goo!

Next, I removed the HEPA material from the vacuum cleaner bags in 
preparation for assembling and attaching the filters.  This is easy… 
Just cut the top off the bag, and gently pull the HEPA liner out of 
the bag.  Be careful not to poke holes in it.

Assembling the filter bottles is the most difficult part, and even 
that isn't hard.  Drill two  3/8 inch holes in the cap, like so:

Make sure the copper tubing is clean, and push it through one of the 
holes in the cap so that it extends all the way to the bottom.  It's 
best if you can bend the end so that the opening cannot push against 
he bottom of the bottle, then use pliers to crimp the end slightly… 
this will cause the air that comes through it to break up into small 
bubbles in the alcohol.  Next, cut the oxy-bottle-connector from the 
clear neoprene hose that came with your oxygen mask, and push the new 
end through the other hole in the cap, but only a short distance, say 
about an inch or two.  This end must always remain above the level of 
the alcohol in the bottle, and the bottle must always remain upright. 
Seal the tubes into the cap with lots of Shoe Goo!

The smaller bottle is for the dry part of the filter.  Again, drill 
two holes in the cap for this bottle, and then cut the neoprene line 
about twenty inches from where it enters the cap of the larger 
bottle, and push this end through one of the holes you just drilled. 
It should extend all the way to the bottom of the smaller bottle with 
a couple of inches to spare, so that you can lay it on the bottom of 
the bottle with cap still off.  Now, take about a ten-inch square of 
the HEPA material and fold it into fourths, then wrap this around the 
end of the tube you just put in the cap.  Secure it with a big glob 
of Shoe Goo and let it dry thoroughly.  Once it's dry, let it hang to 
the bottom of the bottle and pour in the Activated Charcoal.

Now take the rest of your HEPA material and pack it into the bottle. 
It doesn't matter if it gets pretty crumpled… you want as much 
surface area exposed to the air coming through it as you can get! 
Once it's packed in, put the cap on and put a bead of Shoe Goo around 
the seam of the cap.
Take the end of the neoprene hose that is now left hanging from your 
mask, cut off a six-inch length and lay it aside, then push the 
remaining end through the last hole in the cap, only about an inch, 
and secure both hoses in place in their holes with more Goo!

Now, all that's left is to add the check valves, and hook it all up! 
This is a little tricky, so I'll go into heavy detail:

On each side of your oxygen mask, there are some holes arranged in 
about a quarter-inch circle… drill or punch through one or two of 
them on one side, until you have a 3/8 inch hole, then use Shoe Goo 
to close up all of the others, on both sides.  Take the six-inch 
length of tubing you laid aside a few moments ago, and push it into 
the hole in the mask, then secure it with Shoe Goo, and use more Goo 
to glue it alongside the mask so that it curves upward around towards 
the ear.  Now, grab on of the PCV valves and look at the arrow on the 
side of it to see which way it allows air to flow.  You want to 
attach it to the hose so that it allows air to come I from the hose, 
but not go back in… in other words, the arrow should point AWAY from 
the hose!  Seal the connection with Shoe Goo!

The final step is to connect the main filter line to the mask, and 
make sure that any holes in the connector (some have them) are sealed 
with Goo, and then cut the line about four inches below the mask, and 
get your other PCV valve.  This time, you want the arrow to point 
TOWARDS THE MASK… this will allow air to come in from the filters, 
but will not let your exhales go back into the filter bottles. 
Instead, this will force your exhaled breath to exit the mask through 
the exhaust valve that we put alongside the mask itself.  Put the 
valve in place, then seal both ends of it to the hoses with Goo to 
make sure you don't have a leak.

Putting the mask on is a little tricky, and you need to practice 
until you can get it on and tightly in place in about four or five 
seconds.  Just pull the mask over your head, like a ski mask, but 
pull gently on the front of it and firmly on the back until it sits 
snugly in place and lines up on your eyes and mouth.  Adjust it for 
as much comfort as you can manage… remember, it's part of an inner 
tube and may be a little tight.  This can be relieved partly by 
cutting away part of the back of the mask, making a hole that the 
back of your head can protrude into.  If it's still too tight, I'd 
suggest getting a bigger inner tube and start again… I would never 
cut the back open and try to make straps work on it.

Well, that's about it… You now have a gas mask that costs little, and 
while it may not be pretty, it will give you a lot better chance of 
staying alive than you'll have without one.

I'm making these for my whole family, and am working on a more 
portable design.  If you have any questions, feel free to email me 
directly at redneck@sierratimes.com.

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Subject: Pirate Radio: Pastor Rick Strawcutter shut down by Feds
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Date: Sat, 06 Oct 2001 19:13:42 -0600
To:  Matthew Gaylor 
From: spiker 
Subject: Pastor Rick Strawcutter shut down by Feds

Source:
The Toledo Blade
http://www.toledoblade.com/

U.S.  yanks Lenawee minister's radio show


[Photo]
Strawcutter: He ran Radio Free Lenawee from a room in his church.


Article published October 6, 2001

By ERICA BLAKE
BLADE STAFF WRITER

DETROIT - Controversial Rev.  Rick Strawcutter, who is nationally 
known for battling the federal government over the pirate radio 
station he runs from his church in Adrian, was pulled off the air 
yesterday by a federal judge.

Judge Gerald Rosen of the U.S.  District Court in Detroit authorized 
the closure of Radio Free Lenawee, which is broadcast on 99.3 FM from 
a small room inside the Church of Our Lord Jesus Christ.  He allowed 
U.S. marshals to seize some radio equipment, including amplifiers and 
part of the satellite receiver.

The judge would not allow federal authorities to dismantle the 
100-foot radio tower but warned that it would be taken down if 
transmissions were attempted before the case is settled.

U.S.  marshals served Mr.  Strawcutter papers at 1:30 p.m.  Thursday 
that ordered the station to terminate operating.

The pastor has been operating the station without a license since 
1996.  The program often has featured nationally known conservative 
speakers, and the pastor talks about everything from gun control to 
his own anti-government views.

He has been criticized by national watchdog groups, which say he has 
links to some of the most widely known hate groups in the country. 
When federal agents first started looking into the station, the 
pastor kept a gun in the station room.

But that is not what concerns the Federal Communications Commission.

The agency accused Mr.  Strawcutter of operating the station without 
a license.  It contends that the station operates at 8,000 to 10,000 
times the power that is allowed for unlicensed stations.
Federal officials allege that the frequency at which the pastor runs 
his station could interfere with other radio stations and with 
transmissions from airplanes and emergency communication centers.

"What do you mean it could?  I'd like to see where it does," Mr. 
Strawcutter, who represented himself at the hearing, said.  "I've 
looked high and low for pilots who have had these problems, and I 
haven't come across one."

FCC district director James Bridgewater acknowledged that the 
stations that complained about Radio Free Lenawee did not say it 
interfered with their transmissions.

"They didn't say there was a technical problem, other than not having 
a license," Mr.
Bridgewater said.

Mr.  Strawcutter is well known among pirate radio operators across 
the country for fighting the FCC and trying to allow access to the 
airwaves for all small-powered radio operators.  About 50 of his 
supporters jammed into the courtroom to watch the hearing.

Martha Farnam, who helps out on the program, cried when she heard it 
would be taken off the air.

"What it sounds like to me is that God owns the airwaves he created, 
not the FCC," Ms.
Farnam said.

The FCC filed a complaint in federal court in 1997 against Radio Free 
Lenawee at 97.7 FM because the agency claimed the reverend needed a 
license to operate the station.  The agency later alleged that the 
frequency interfered with other stations.  In 1999, a judge ruled 
that the FCC did not have a right to shut the station down because it 
did not follow its own hearing process before going to court.  The 
FCC pressed on.

Mr Strawcutter has contended that it is unconstitutional for the FCC 
to crack down on small stations because they do not have licenses, 
when it is not possible for small stations to obtain licenses.
He said it limits freedom of speech.  During his hearing, he asked 
the FCC if it is possible for him to acquire a license.

Mr.  Bridgewater said the metropolitan area is congested with 
frequencies, so no more are available.  He said the agency does grant 
licenses to small stations in other areas.

Judge Rosen postponed the case until the pastor gets an attorney and 
prepares a defense.

The radio station is notorious in Lenawee County.  Politicians debate 
on the unlicensed station before elections.  Businesses advertise on 
Radio Free Lenawee.

Pete Hayes with Hayes Insurance Agency, Inc., of Adrian said he didn't know Mr.
Strawcutter's program was off the air until he turned on his radio.

Mr.  Hayes, who describes himself as a supporter of the minister, 
will be affected by the shutdown in more than a personal sense.  He 
runs advertisements for his insurance company on Mr. Strawcutter's 
airwaves in paid, 30-second spots.  "I was just doing it to support 
him," My Hayes said.  "He's a very intelligent person."

The pastor sells videos in the backroom of his 250-member church that 
offer anti-government rhetoric and Jewish conspiracy beliefs.  He has 
said he believes blacks and whites should not marry and homosexuals 
in prison should be executed.

See:
Pastor Strawcutter's Home Page

Proclaim Liberty: A 1st amendment source of video tapes for the patriot
http://www.proclaimliberty.com/

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Subject: FTC Chairman Announces Aggressive, Pro-Consumer Privacy Agenda
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For Release: October 4, 2001

FTC Chairman Announces Aggressive, Pro-Consumer Privacy Agenda

Privacy Protection Resources to Increase by 50 Percent; Enforcement 
to be Enhanced

Saying that "there is no question that consumers are deeply concerned 
about the privacy of their personal information ... how it's being 
used ... and who is using it," Federal Trade Commission Chairman 
Timothy J. Muris delivered remarks today at the 2001 Privacy 
Conference in Cleveland, Ohio, outlining the FTC's new Privacy Agenda 
and announcing that the agency plans to increase resources dedicated 
to privacy protection by 50 percent.

Muris began his remarks by paying tribute to the men and women lost 
in the tragic events of September 11. These terrorist attacks, he 
said, have highlighted consumers' concerns about their security, as 
well as the fact that one of the "government's most important jobs is 
to protect its citizens." He said that although issues of national 
security and defense are outside the purview of the Commission, the 
agency will do all it can to protect consumer privacy in the 
commercial realm - both online and off-line.

Muris presented a detailed FTC enforcement plan, developed over the 
past four months through meetings with agency, consumer, industry, 
and trade association officials, that will involve "every division of 
the Bureau of Consumer Protection and increase the resources devoted 
to privacy issues substantially." Privacy has become "a large and 
central part of the FTC's consumer protection mission," he said, and 
the diverse perspectives gained from meetings with agency staff and 
consumer, industry, and trade association groups has enabled the FTC 
to "respond to the American people [and] ... reassure consumers that 
privacy promises will be honored."

As the nation's leading consumer protection agency, the Chairman 
said, the Commission's new Privacy Agenda will contain the following 
major law enforcement and education initiatives:

*	Creating a National Do-Not-Call List;
*	Beefing Up Enforcement Against Deceptive Spam;
*	Helping Victims of Identity Theft;
*	Putting a Stop to Pretexting;
*	Encouraging Accuracy in Credit Reporting and Compliance with 
the Fair Credit Reporting Act (FCRA);
*	Enforcing Privacy Promises;
*	Increasing Enforcement and Outreach on Children's Online Privacy;
*	Tracking Consumers' Privacy Complaints;
*	Enforcing the Telemarketing Sales Rule;
*	Restricting the Use of Pre-acquired Account Information;
*	Enforcing the Gramm-Leach-Bliley Act (GLB); and
*	Holding Privacy-related Commission Workshops.


Regarding possible legislation concerning both Internet and off-line 
privacy, the Chairman said that while there are "clearly good 
arguments for such legislation," such as the establishment of a clear 
set of rules about how personal information is collected and used, 
"it is too soon to conclude that we can fashion workable legislation 
to accomplish these goals." Citing the recent GLB privacy notices, he 
said "we should at least digest this experience" before moving 
forward.

"We will enforce current laws vigorously, using more of the FTC's 
resources," the Chairman said in concluding his remarks. "We will 
stop those practices that harm consumers. We will use our full 
arsenal of tools ... to pursue our strong pro-privacy agenda 
addressing real privacy concerns."

Copies of the Chairman's remarks, as well as highlights of the 
Privacy Agenda, are available as a link to this press release on the 
FTC's Web site: www.ftc.gov.
------------------------------------------------------------------------


The FTC works for the consumer to prevent fraudulent, deceptive and 
unfair business practices in the marketplace and to provide 
information to help consumers spot, stop and avoid them. To file a 
complaint, or to get free information on any of 150 consumer topics, 
call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint 
form at http://www.ftc.gov. The FTC enters Internet, telemarketing, 
identity theft and other fraud-related complaints into Consumer 
Sentinel, a secure, online database available to hundreds of civil 
and criminal law enforcement agencies in the U.S. and abroad.

MEDIA CONTACTS:
Cathy MacFarlane
Office of Public Affairs
202-326-2180 or 202-326-3657
-or-
Mitchell J. Katz
Office of Public Affairs
202-326-2161
 
(http://www.ftc.gov/opa/2001/10/privacy.htm)

Related Documents:

Statement of Chairman Timothy J. Muris: Protecting Consumers' 
Privacy: 2002 and Beyond

Statement of Commissioner Sheila Anthony

Privacy Agenda

Comunicado de Prensa
En Espańol [PDF]



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Subject: In wartime, truth is so precious that she should always be
 attended by a bodyguard of lies
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[Note from Matthew Gaylor:  Now that we've engaged in the endless war...]



October 7, 2001

FLOW OF INFORMATION

New Slogan in Washington: Watch What You Say

By ELISABETH BUMILLER
The Associated Press
President Bush with the White House spokesman, Ari Fleischer, at a 
meeting with business leaders at Federal Hall in New York last week.


ASHINGTON, Oct. 6 - A few Sundays ago, shortly after returning from a 
weekend of national security briefings at Camp David, President Bush 
walked into the White House with a small group of advisers and 
delivered a stern warning. "Anybody who discloses classified 
information could literally endanger somebody's life," he told the 
group, according to Ari Fleischer, the White House spokesman, who was 
there.

[...]


It is a sign of the times that Secretary of Defense Donald H. 
Rumsfeld stood at a Pentagon podium last month and cited Winston 
Churchill's famous words that "in wartime, truth is so precious that 
she should always be attended by a bodyguard of lies." Mr. Rumsfeld, 
who has repeatedly said from the same podium that disclosing 
classified information is not only dangerous but against federal law, 
added that he did not "intend to" lie to the press about present and 
future military operations.

It is a more bizarre sign of the times that Mr. Rumsfeld told 
reporters three times as he uttered Churchill's words that he did not 
want to be quoted - as he was appearing live on CNN.

[...]

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From: Matthew Gaylor 
Subject: DEA Chief Follows Failed Policy In Anti-Drug "Crusade"
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Pubdate: Wed,  3 Oct 2001
Source: Watertown Daily Times (NY)
Copyright: 2001 Watertown Daily Times
Contact: letters@wdt.net
Website: 
Feedback: 
Author: James Bovord

DEA CHIEF FOLLOWS FAILED POLICY IN ANTI-DRUG "CRUSADE"

"I would hope that we are judged by the lives that are touched and
the hope that we give America," declared Asa Hutchinson, President
Bush's new Drug Enforcement Agency chief during a news conference on
his first day in his new job.

Considering that the DEA seeks to maximize the number of people that
it sends to prison each year for drug offenses, such "touching"
rhetoric should be chilling.  But Hutchinson is barreling forward
with page after page from Bill Clinton's rhetorical playbook.

At the same Aug. 20 news conference, Hutchinson announced, "I think
part of my mission is to give hope to America."  A few weeks earlier,
Hutchinson made a stunning announcement: "I am excited to have the
opportunity to serve Arkansas and the country by beginning our great
national crusade against illegal drugs."

Perhaps Hutchinson has been too busy to tour any prisons recently.
Prisons are overflowing with hundreds of thousands of drug offenders.
In the same week in which he took over at the DEA, a federal report
bragged that the number of people convicted in federal drug courts
had doubled since 1986.

Hutchinson's talk about "beginning" a "crusade" against illegal drugs
signals the Bush administration's intention to ratchet up the drug
war.  Yet the evidence of the failure of the punitive approach is
overwhelming.

Despite conservative caterwauling during recent years, President
Clinton actually greatly intensified the drug war.  Four million
Americans were arrested for marijuana violations, the vast majority
for simple possession during Clinton's reign.  The number of people
arrested for drug offenses rose by 73 percent between 1992 and 1997,
according to the American Bar Association.

But Clinton's crackdown was a dismal failure.  More Americans died of
drug overdoses and more Americans went to hospital emergency rooms
for drug-related problems in 1998 than ever before.

More high school students (90 percent) reported that marijuana was
"fairly easy" or "very easy" to get than ever before.  The price of
heroin and cocaine were near all-time lows at the end of the 1990's,
signaling the total failure of U.S. interdiction policies.

Like a good Washingtonian, Hutchinson is responding to these debacles
by redefining the baseline: "I think you have to put this in
perspective, that whenever you look at child abuse, whether you look
at teen violence, whenever you impact people's lives, it's a victory."

Thus, as long as the DEA continues sending tanker-loads of people to
prison each year, the drug war is going just fine and dandy.

Hutchinson was asked by the Philadelphia Inquirer what action he
would take to stem the flow of fraudulent arrest statistics from the
DEA (which, in the past, has routinely seized credit for drug busts
made by other police agencies or other nations).  He responded: "We
have to have the correct moral compass and the proper training to
make sure we gather our statistics in a correct and truthful fashion."

But Hutchinson seems far too infatuated by the righteousness of law
enforcement to exert the effort to make the DEA go straight.

At his inaugural news conference as DEA chief, Hutchinson proclaimed,
"I believe that law enforcement sets the right tone for America."
During his time as a congressman, he was perennially hysterical about
any proposal to limit the power of law enforcement.  In 1998, when
Congress was considering a law to require federal prosecutors to
cease violating the ethics code of state bar associations, Hutchinson
exploded: "This would jeopardize our fight in the war against drugs.
The winner would be the drug cartels, fraudulent telemarketing
operations and Internet pornographers."

In 1999, when Congress was considering a law to restrict federal
agents' power to confiscate private property, Hutchinson proposed a
substitute bill that would have greatly increased government's power
to grab.  Hutchinson whined on the House floor, "How does disarming
law enforcement fit into the war on drugs?"

Thus, decreasing a DEA agent's power to seize someone's car is the
equivalent of taking away his sidearm.  Apparently, the main
"armament" in the war on drugs is the sweeping power of law
enforcement over nonviolent, private citizens.

In his new job, Hutchinson occasionally sounds like a bleeding-heart
liberal, declaring that the DEA must embark on "a compassionate
crusade."  Unfortunately, people suffering from the side effects of
chemotherapy are outside the bounds of Hutchinson's compassion.

The new DEA chief declared, "It is very important that we understand
that we don't want to do anything to take pain medication away from
people.  We all have sympathy for folks that need medication, but we
have to listen to the scientific and medical community and they're
saying that marijuana has no legitimate medical purpose."

According to Hutchinson's view, Americans should pretend that recent
studies in the Proceedings of the National Academy of Sciences, The
American Journal of Psychiatry and the British medical journal Lancet
on Marijuana's medical benefits and risk were never published.

Perhaps it is impossible to fight a "war on drugs" without
institutionalized dishonesty.  Hutchinson's comments signal that drug
policy is likely to be the area where the Bush administration does
the most harm to civil liberties.  Regardless of how much the "great
crusade" is ratcheted up, the government will continue losing its war
to control the daily life and habits of every citizen.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---

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Subject: And Now Afghanistan by Murray N. Rothbard Circa 1980
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And Now Afghanistan

by Murray N. Rothbard

This article was originally published in the January-February 1980 
issue of The Libertarian Forum.

These are grim times for those of us who yearn for a peaceful 
American foreign policy, for a foreign policy emulating the ideals of 
Thomas Paine, who exhorted America not to interfere with the affairs 
of other nations, and to serve instead as a beacon-light of liberty 
by her example. The lessons of the Vietnam intervention have been 
shuffled off with obscene haste, by masses and by intellectuals 
alike, by campus kids and by veterans of the antiwar movement of the 
1960's. It started with Iran, with bloody calls for war, for 
punishment, for "nuking 'em till they glow."

But just as we have been whipping ourselves up to nuking Muslims and 
to declaring war against "fanatical" Islam per se, we are ready to 
turn on a dime and sing the praises of no-longer fanatical Muslims 
who are willing to fight Russian tanks with their bare hands: the 
heroic freedom fighters of Afghanistan. All of a sudden President 
Carter has gone bananas: declaring himself shocked and stunned by the 
Soviet incursion into Afghanistan, mobilizing the United Nations in 
stunned horror, levying embargoes (my how this peanut salesman loves 
embargoes!), and threatening the Olympics so dear to sports fans 
around the globe.

It's all very scary. There is the phony proclamation of personal 
betrayal – Brezhnev not coming clean on the Hot Line – all too 
reminiscent of the late unlamented King of Camelot before he almost 
got us into a nuclear holocaust over Cuba. There is the same macho 
insistence on regarding every foreign affairs crisis as a duel with 
six-shooters at high noon, and trying to prove that good ole Uncle 
Sam still has the fastest draw.

To set the record straight from the first: Yes, it is deplorable that 
Russia saw it fit to move troops into Afghanistan. It will, we can 
readily predict, be a disaster for the Soviets themselves, for tens 
of thousands of troops will be tied down, Vietnam-fashion, in a 
country where they are universally hated and reviled, and where they 
will be able to command only the cities and the main roads, and those 
in the daytime. But deplorable as the Soviet action is, it is neither 
surprising nor shocking: it is in line with Soviet, indeed with all 
Russian actions since the late 19th century – an insistence on 
dominating countries on its borders. While unfortunate, this follows 
the line of Czarist imperialism: it is old-fashioned Great Power 
politics, and presages neither the "fall" of Southwest Asia nor an 
immediate armed strike upon our shores.

Indeed, the righteous horror of the U.S. and the U.N. at Soviet 
actions in Afghanistan takes on an ironic perspective when we 
consider the massive use of military force wielded not very long age 
by the United States against Cuba, Vietnam, Cambodia, and the 
Dominican Republic. Indeed, the ground for Soviet invasion: the 
backing of one side in another country's civil war, was precisely the 
groundwork or the massive and disastrous U.S. military intervention 
in Vietnam. In Vietnam, too, we intervened on the side of unpopular 
repressive regime in a civil war against a popular revolution: and 
now the Soviets are doing the exact same thing. So why the selective 
moral indignation wielded by: Carter, the U.N., the war hawk 
conservatives, the Social Democrats, the liberals, the media, etc.? 
Hypocrisy has become rife in America.

There are two crucial difference between America's and Russia's 
"Vietnam" in Afghanistan. One, that Russia will be slaughtering far 
fewer Afghans than we did Vietnamese. And two, that Afghanistan is, 
after all, on Russia's borders while we launched our intervention in 
Vietnam half the globe away from our shores. And Afghanistan, of 
course is even further away than Vietnam. The whole thing is 
ludicrous and absurd. Is Afghanistan now supposed to have been part 
of the "Free World"? Afghanistan has no resources, has no treaties 
with the U.S., no historic ties, there are none of the flimsy but 
popular excuses that we have used for over a century to throw our 
weight around across the earth. But we go, intervening anyway, loudly 
proclaiming that Russia's actions in Afghanistan are "unacceptable," 
and for which we are ready to scrap SALT, detente, and the feeble 
past attempts of the Carter administration to shuck off the Cold War 
and to establish come sort of modus vivendi with Russia. The 
conservatives, the Pentagon, the Social Democrats, the 
neo-conservatives, the Coalition for a Democratic Majority – all the 
worst scoundrels in American life - have been yearning to smash 
detente, and to accelerate an already swollen arms budget and heat up 
the Cold War. And now Carter has done it – to such an extent that 
such conservative organs as Human Events are even finding Carter 
foreign policy to be better in some respects than that of its hero 
Reagan.

The idiocy of the sudden wailing and hand-wringing over Afghanistan 
may be gauged by the fact that that land-locked and barren land had 
been a Russian client state since the late nineteenth century, when 
clashes of British and Russian (Czarist) imperialism came to draw the 
Afghan-Indian border where it is today. (An unfortunate situation, 
since northwest and western Pakistan is ethnically Pushtu – the 
majority ethnic Baluchi: the same group that populates southern 
Afghanistan and southeastern Iran.) Ever since, the King of 
Afghanistan has always been a Russian tool, first Czarist then Soviet 
– to the tune of no bleats of outrage from the United States.

Then, in 1973, the King was overthrown by a coup led by Prince 
Mohammed Daud. After a few years, Daud began to lead the Afghan 
government into the Western, pro-U.S. camp. More specifically, he 
came under the financial spell (i.e. the payroll) of the Shah of 
Iran, the very man much in the news of late. Feeling that they could 
not tolerate a pro- U.S. anti-Soviet regime on its borders, the 
Russians then moved to depose Daud and replace him with the Communist 
Nur Taraki, in April 1978. Ever since then, Afghanistan has been 
under the heel on one Communist ruler or another; yet nobody 
complained, and no American president threatened mayhem.

The reason for the latest Soviet invasions is simple but ironic in 
our world of corn-fed slogans. For the problem with Hafizullah Amin, 
the prime minister before the Soviet incursion, was that he was too 
Commie for the Russians. As a fanatical left Communist, Amin carried 
our a brutal program of nationalizing the peasantry and torturing 
opponents, a policy of collectivism and repression that fanned the 
flames of guerrilla war against him. Seeing Afghanistan about to slip 
under to the West once again, the Soviets felt impelled to go in to 
depose Amin and replace him with an Afghan Communist, Babrak Karmal, 
who is much more moderate a Communist and therefore a faithful 
follower of the Soviet line. There are undoubtedly countless 
conservatives and Social Democrats who still find it impossible to 
conceive of Soviet tools who are more moderate than other Communists, 
but it is high time they caught up with several decades of worldwide 
experience.

I deplore the Soviet invasion; I hope for victory of the Afghan 
masses: and I expect that eventually, as in Vietnam, the oppressed 
masses will triumph over the Soviet invaders and their puppet regime. 
The Afghans will win. Buy that is not reason whatever for other 
nations, including the United States, to leap into the fray. We must 
not die for Kabul!

The crocodile tears shed for the Afghans point up once again the 
disastrous concept of "collective security" which has provided the 
basis for the U.S. foreign policy since Woodrow Wilson and is the 
very heart and soul of the United Nations. Collective security means 
that any border skirmish anywhere, any territorial rectification, any 
troubles of any pipsqueak country, necessarily provides the sparkplug 
for a general holocaust, for a world war "against aggression". The 
world does not have one government, and so international war is not a 
"police action," despite the successful attempt of the warmonger 
Harry Truman to place that seemingly innocuous label on his military 
invasion of Korea.

U.S. hysteria over Afghanistan is the bitter fruit of the doctrine of 
collective security. If we are to avoid nuclear holocaust, if we are 
to prevent World War III, we must bury the doctrine of collective 
security once and for all, we must end the idea of the United States 
as God's appointed champion of justice throughout the world. We must 
pursue, in the immortal words of classical liberal Sydney Smith 
quoted in this issue, "apathy, selfishness, common sense, 
arithmetic." But we can't be apathetic in this pursuit, because 
time's a wastin.' American officials are ominously spreading the word 
that the Afghan crisis is the most threatening foreign affairs 
situation since the Cuban missile crisis of 1962, or even since World 
War II. No doubt: but only because the Carter administration and the 
war hawks have made it so.

Libertarians must mobilize to Stop the War, and to stop it now! We 
must stop the embargo (Carter's favorite foreign policy tactic), 
which is both criminal and counterproductive. Criminal because it 
aggresses against the rights of private property and free exchange. 
Criminal because it represses trade and thereby injures both the 
American public and the innocent civilian public of both Iran and 
Afghanistan. Counterproductive because, while hurting innocent 
civilians, embargoes do nothing to injure the power elites of either 
side. Embargoes will only unify the people of Iran and Afghanistan 
behind their regimes, which they will identify as defending them and 
their food supply against the aggressor Carter.

We must stop the war...and earn the gratitude of all Americans who 
cherish peace and freedom, and of future generations of Americans who 
will, one hopes, emerge from the bloody century-long miasma of 
nationalist chauvinism to see their way clear at long last for the 
truly American and the genuinely libertarian policy of 
nonintervention and peace.

Copyright © 2001 Ludwig von Mises Institute

Murray 
Rothbard Archives

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From freematt@coil.com  Tue Oct  9 20:25:41 2001
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From: Matthew Gaylor 
Subject: One object of information warfare -- or "infowar"...
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In War on Terrorism, Information Becomes a Prime Weapon

By MILES BENSON

WASHINGTON -- The United States is mounting psychological operations 
across the entire Islamic world in the war against terrorism, 
deploying sophisticated weapons of propaganda, public diplomacy, 
information and disinformation.

One object of information warfare -- or "infowar," as it is called by 
practitioners and those who study it -- is to frighten and 
destabilize an enemy. But as practiced in modern times, it has 
broader and more subtle effects.

Tactics include mobilizing public opinion around the globe, finding 
financial pressure points, manipulating adversaries' perceptions of 
themselves and of their supporters, corrupting their sources of 
information, undermining their support and crippling their 
communications systems.

[...]




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From freematt@coil.com  Tue Oct  9 22:17:01 2001
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Date: Wed, 10 Oct 2001 00:44:49 -0400
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From: Matthew Gaylor 
Subject: US Food Aid Propaganda
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Earlier I had sent notice of an article to my mailing list 
(Freematt's Alerts) titled "One object of information warfare -- or 
"infowar"..."  the original located at 
.  Then as a 
watched the news tonight I heard again what I've been hearing on 
various American media ad infinitum that the US Military had dropped 
37,500 food packages along with the first wave of attacks on 
Afghanistan, on Sunday.  Realizing that there are several million 
refugees in the northern areas of Afghanistan, such a small number of 
food packages doesn't seem really that adequate.  But if you realize 
why the US Military would bother dropping such minuscule numbers of 
aid packages it only makes sense with a backdrop of PSYOPS.

"We call psychological operations (PSYOPS) the ultimate weapon," said 
retired Col. Jim Noll, who commanded the 13th Psychological 
Operations Battalion in the Persian Gulf War and helped develop 
tactics that led to the surrender of large numbers of Iraqi troops. 
For example, U.S. food distribution to Afghan refugees has 
"far-reaching psychological impact," Noll said."

My theory is that if you hear that the US is dropping food packages 
along with bombs it reinforces the propaganda that the US is doing 
this to "help" the Afghan people.  It doesn't matter from a 
psychological operations perspective if the aid is effective but 
rather it only matters if the target group thinks you're helping.  In 
this case the target audience being the Afghan refugees and the 
unwitting American media consumer.

I'm rather disappointed but certainly not surprised that the 
establishment media doesn't pick up on any of this.

Regards,  Matt-


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From freematt@coil.com  Tue Oct  9 22:43:10 2001
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Subject: ID card: The password to the police state
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Phyllis Schlafly

October 10, 2001

ID card: The password to the police state

The current attempt to inflict Americans with the burden of having to 
carry a national ID card did not begin on Sept. 11 and, indeed, is 
unrelated to it. The attack on the World Trade Center is just a 
convenient excuse to promote this thoroughly un-American idea.

Totalitarian governments keep their subjects under constant police 
surveillance by the technique of requiring everyone to carry "papers" 
that must be presented to any government functionary on demand. This 
is an internal passport that everyone must show to authorities for 
permission to travel even short distances within the country, to move 
to another city, or to apply for a new job.

This type of personal surveillance is the indicia of a police state. 
It operates as an efficient watchdog to stifle any emergence of 
freedom.


[...]

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From freematt@coil.com  Tue Oct  9 22:48:19 2001
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Date: Wed, 10 Oct 2001 01:25:19 -0400
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From: Matthew Gaylor 
Subject: Update: News Networks Accept Front Sight's "Arm Our Pilots"
 Commercial
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From: info@frontsight.com
Date: Tue, 9 Oct 2001 00:13:37 -600 GMT
Subject: Florida News Channel and Chicago News Network Accept Front 
Sight's "Arm Our Pilots" Commercial

FOR IMMEDIATE RELEASE
October 8, 2001

CONTACT:
Dr. Ignatius Piazza
1.800.987.7719
Fax: 831.684.2137

e-mail: info@frontsight.com  http://www.frontsight.com



Florida News Channel and Chicago News Network
Accept Front Sight's "Arm Our Pilots" Commercial

Las Vegas, Nevada: Florida News Channel, a cable news
network reaching 5 million homes in the largest population
centers of Florida and CLTV Chicagoland's Television
reaching another 2 million viewers, have accepted Front
Sight Founder's Society 60 second "Arm Our Pilots" ad
campaign. The ads will run twice per hour, during the prime
time slots, several evenings in a row, starting Tuesday
October 9.

Dr. Ignatius Piazza, Front Sight's Founder and Director was
very pleased that these networks accepted the ads in which
Front Sight encourages Americans to contact President Bush,
the FAA, and the airlines to demand that our commercial
pilots be armed. In the commercial Front Sight also offers
to immediately train all commercial pilots and co-pilots
FREE OF CHARGE that are authorized to carry a gun to defend
the cockpit against terrorists.

Previously, the major networks refused to run Front Sight's
ads. (See Press Release of October 4, Major Media Networks
Refuse Arm Pilots Commercial) leaving some to question why
Front Sight would expect networks to run free ads. Dr.
Piazza states, "Our ads were NOT sent with a request to run
them free of charge. On the contrary, Front Sight Founder's
Society is funding the entire campaign and was prepared to
pay for prime time slots. The major networks did not like
the fact that we demonstrated, rather graphically, the
ability of a pilot or co-pilot armed with a handgun, to stop
a terrorist attack cold. We have now revised the ads and are
resubmitting them to all the networks. Florida News Network
and CLTV Chicago were the first to accept and run them."

Piazza continues, "Front Sight Founder's Society is paying
for all the ads. We need Americans who agree with our
solution to stopping airline terrorism to visit our web site
(http://www.frontsight.com/gun_school_for_pilots_complete.htm)
or call toll free 1-866-ARM-PILOTS or 1.800.987.7719 and
join the Founder's Society today. Every dollar will be used
in the Arm Our Pilots campaign. With a very minimal
contribution from everyone receiving this e-mail, we can
spread the message to every television set across America.
Front Sight Founder's Society is the only organization
taking this ad campaign to America and Front Sight Firearms
Training Institute alone stands ready to train the pilots
free of charge. Help us do it. It can be done. With your
support we can win this one quickly and decisively."


Contact:

Dr. Ignatius Piazza					1.800.987.7719
Front Sight Firearms Training Institute	www.frontsight.com
Front Sight Founder's Society			1.800.987.7719

http://www.frontsight.com

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From freematt@coil.com  Wed Oct 10 09:40:13 2001
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Date: Wed, 10 Oct 2001 12:00:13 -0400
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From: Matthew Gaylor 
Subject: Richard Clarke Cyber Terrorism Head
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Date: Wed, 10 Oct 2001 09:01:55 -0400
From: David Shaw 
To: apis@vees.net
Subject: [APIS] Richard Clarke
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So, according to CNN:

  Richard Clarke, already on the National Security Council as a special
  adviser for cyber security, will take over a new post in charge of
  combating cyber terrorism and protecting essential information
  networks.

I've been rummaging around looking for some statements as to what he
believes.  Some interesting bits follow, both positive and negative.
They're somewhat out of context, so read the originals for the full
story:

  By not preparing for the worst-case scenario, we may be endangering
  the public's civil liberties, according to Clarke, who argued that "a
  lot of people are going to be willing to throw civil liberties out
  the window" in an effort to recover from an attack that cripples
  large portions of the nation's critical infrastructure.

http://www1.cnn.com/2000/TECH/computing/07/03/real.cyberterror.idg/

  (Some history)

http://www.shmoo.com/mail/cypherpunks/feb99/msg00026.html

  For two years or so, this Dr. Strangelove of the Clinton
  administration has rattled his chains and groaned repeatedly about
  e-terror. Oddly, the more Clarke has flailed publicly, calling for
  the gutting of FOIA or the funding of more cybersnooping agencies,
  the less effective he appears to have been. The current
  Republican-dominated Congress has not been overwhelmed by the
  strident hectoring. An even greater paradox is the fact that Clinton
  appointed Clarke, a veteran of the Reagan administration who warned
  of international terror in the mid-80's, to help kill Republican
  accusations that he was weak on Net evil.

http://www.privacyplace.com/viewpoint/smith6.php

  (Clarke himself):
  Through the use of strong encryption and authentication, ideally at
  the packet level, network traffic can be kept private and much more
  secure. Encrypting and authenticating switching protocols and network
  enterprise management systems is also essential.

  [..]

  Participation in a secure zone with dedicated fiber and switches, with
  portal monitoring, strong encryption, and authentication, should be
  voluntary and the zone should be designed, built, and operated largely
  by the private sector.

http://www.microsoft.com/presspass/events/safenet00/12-08clarke.asp

David

-- 
    David Shaw  |  dshaw@jabberwocky.com  |  WWW http://www.jabberwocky.com/
+---------------------------------------------------------------------------+
    "There are two major products that come out of Berkeley: LSD and UNIX.
       We don't believe this to be a coincidence." - Jeremy S. Anderson

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From freematt@coil.com  Wed Oct 10 10:37:54 2001
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Date: Wed, 10 Oct 2001 12:51:20 -0400
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From: Matthew Gaylor 
Subject: Comments on US Food Aid Propaganda
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[Note from Matthew Gaylor:  The food packages in question each 
provide roughly 2200 calories and are dropped from around 10,000 feet 
with a parachute like device attached to prevent injury when they 
land.  Bill Walker, Peter Trei and Danny Yee below have the best 
commentary.]

From: WalkerBill@aol.com
Date: Wed, 10 Oct 2001 09:09:40 EDT
Subject: Re: US Food Aid Propaganda
To: 

   yeah, what is 37,000 food packages? 20 tons? less than one 
planeload... meanwhile the food aid that was supporting 5 million 
Afghans is cut off.

###

Date: Tue, 9 Oct 2001 21:52:39 -0700
From: Phil Agre 
To: freematt@coil.com
Subject: Re:  US Food Aid Propaganda

i think one of the british articles mentioned the point.
at least i'd heard it somewhere in the last day. but another
possibility is they're telling the truth, and 37k packages
is simply the first installment

###
From: "Trei, Peter" 
To: cypherpunks@lne.com, "'Matthew Gaylor'" 
Subject: RE: US Food Aid Propaganda
Date: Wed, 10 Oct 2001 10:16:59 -0400


This is one of those things where you can run the numbers.

      ...37500 meals dropped on Sunday. The packages don't
look like they weighed much more than a pound. Lets be very
generous, and say 1 kilo.

That's 37.5 metric tons in one night, max. Sounds like a lot?

According to the World Food Program website (www.wfp.org),
the UN is trying to truck in 52,000 tons a month. Assuming a
30 day month, that's 1733 tons/day.

The US bombing shut down the UN aid delivery for a few days,
(it's now going ahead again, even under fire, because the
need is so critical).

The US airdrops replaced, at the very maximum, less then
2.5% of the food whose delivery was prevented by the
bombing.

I'm reminded of the recent corporate ad from RJ Reynolds,
where they made of deal of delivering some amount (less
then 10 tons, I think) or aid to Kosovo. That amounted to
a single truckload. They then spent many times the cost
of the aid on airtime to trumpet their humanitarian efforts.

Peter Trei

###

Date: Tue, 9 Oct 2001 22:53:09 -0700
To: Matthew Gaylor 
From: David Theroux 
Subject: Re: US Food Aid Propaganda

Dear Matt,

Great for you to point out this important aspect of the U.S. war campaign.

Considering the altitude at which these drops are being made on 
pallets, the further question is whether such drops might actually be 
viewed by the Afghani people as the U.S. dumping garbage since that 
is likely what the cargo will be upon impact.

Best regards,

David

David J. Theroux
Founder and President
The Independent Institute
100 Swan Way
Oakland, CA 94621-1428
510-632-1366 Phone
510-568-6040 Fax
DTheroux@independent.org
http://www.independent.org

###

Date: Wed, 10 Oct 2001 01:27:12 -0500
To: Matthew Gaylor 
From: "Leon F." 
Subject: Re: US Food Aid Propaganda

Why has the news media not noticed that a similar program is not 
available to Iraq? I thought we were starving the Iraq citizens in 
order to inspire them to throw out their worthless leader. I'm very 
confused now.

Leon Felkins

###

Date: Wed, 10 Oct 2001 02:29:14 -0400
Subject: Matt, this is unfair>  Re: US Food Aid Propaganda
From: Dwight Hines 
To: Matthew Gaylor 

This is lowballing.  Look at how the folks gave time and money and supplies
to the people and their families who were wiped out in NYC.   That was not
propaganda.

Look at what is planned, not just by Bush and Blair, but Chretien, and
others, to help rebuild, including lots and lots of food (like 8 million
tons to move in as soon as it is stable there).  The food drop is obviously
of psyops value, but at 4 bucks a package, plus transport costs, it is a far
cry from leaflets and radio announcements.

Just to be fair, put it into context of what the USA did for Japan when
McArthur said send me bread or send me rifles.  We sent lots of bread, as
well as medical and construction crews.

dh

###

Date: Wed, 10 Oct 2001 16:47:47 +1000
From: Danny Yee 
To: Matthew Gaylor 
Cc: fight-censorship@vorlon.mit.edu
Subject: Re: US Food Aid Propaganda
Mail-Followup-To: Matthew Gaylor ,


Air drops of food aid are a resort of last desperation; most of it will
never be found or used.  So dropping 40 000 food packages is definitely
just a media stunt -- I can't see it having any real effect at all on
the Afghan population it's supposed to be feeding.

Danny.


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From freematt@coil.com  Wed Oct 10 10:48:40 2001
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Date: Wed, 10 Oct 2001 13:15:42 -0400
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From: Matthew Gaylor 
Subject: Re: ID card: The password to the police state
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Date: Wed, 10 Oct 2001 03:02:20 -0400
To: Matthew Gaylor 
From: James Moyer 
Subject: Re: ID card: The password to the police state

Matt,

Dare I disagree with a well intentioned article, I think Mrs. 
Schlafly is wrong about requiring immigrants to carry smart ID cards.

I am convinced that it would be impossible in the long run to treat 
aliens differently from Americans. If you want to see what your next 
driver's license may look like, look at the current green card, a 
frighteningly encompassing document. In fact, take a look at the new 
California license (pic at 
http://www.businesswire.com/cgi-bin/photo.cgi?pw.070301/bb2) which 
has a lot of the features of the green card.

How can an officer demand ID from one group of people (immigrants) 
and not be able to do it to another group (citizens)? It almost seems 
inevitable that both groups would have to carry citizenship 
documentation.

Or you can have a situation in which the citizen just says "go 
away...I'm a citizen." In absence of any proof to the contrary (where 
"proof" does not include "speaks with an accent" or "looks foreign") 
the officer (or whomever) just lets you go. That's that whole 
innocence before guilt thing. Person claims to be a citizen, and they 
are trusted to be making a true claim.

But the innocence before guilt thing doesn't work so well if the 
immigrant says "I haven't done anything wrong and I'm not going to do 
anything wrong" and is not believed. (The basis of the article being 
that foreigners are more likely to promote acts of terrorism--and 
based on this idea don't deserve the same Constitutional rights.)

I'm not here to argue whether or not immigrants should have the same 
rights. My issue is, I don't think it's possible to operate a 
"selective" police state--treat some with rights, treat others 
without.

This idea should be compared to the income tax--we promise that only 
immigrants have to carry the smart ID cards--we promise that only the 
really rich will be taxed. Government grew too much for the latter, 
and I believe it can with the former as well.

James

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Date: Wed, 10 Oct 2001 13:58:16 -0400
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From: Matthew Gaylor 
Subject: Guide to the Surveillance Provisions in the Anti-terrorism Bills
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The ACLU has published a guide to the competing 
wiretapping/surveillance provisions in the Administration, House and 
Senate versions of the anti-terrorism bill.. The guide can be found 
at .

On September 19, only eight days after the tragic terrorist attacks 
on New York and Washington, the Bush Administration unveiled its 
proposed Anti-Terrorism Act (ATA), legislation that included many 
changes to the nation's current surveillance laws. The chart outlines 
the changes proposed by the ATA, and the ACLU's objections to those 
changes.. Also compared are the latest versions of anti-terrorism 
legislation being considered in the House and Senate.


The ACLU has five overall concerns about the surveillance provisions 
of the legislation being discussed:

*	They would reduce or eliminate the role of judges in ensuring 
that law enforcement wiretapping is conducted legally and with proper 
justification. There is no reason why the requirement to get a court 
order for surveillance should slow down the investigation of suspects 
for which there is evidence of terrorist activities.


*	They would dangerously erode the longstanding distinction 
between domestic law enforcement and foreign intelligence collection, 
which protects Americans from being spied upon by their own 
intelligence agencies, as happened during the Cold War.


*	The definition of "terrorism" is too broad, permitting the 
special surveillance powers granted in this legislation to be applied 
far beyond what is commonly thought of by the term. Under the 
definition proposed by the Administration, even acts of simple civil 
disobedience could lead organizations such as People for the Ethical 
Treatment of Animals (PETA) to become targets of "terrorist" 
investigations.


*	Many of the expansions in surveillance authority being 
considered are not limited to even the broad definition of terrorism 
investigations.


*	The Congress is moving unnecessarily and irresponsibly 
quickly on these measures. It takes a great deal of time to deal with 
complex issues such as how to apply wiretap law to the Internet, and 
to think through all the possible unintended consequences of 
legislative language. Few of the provisions being discussed are 
needed for the current terrorism investigations, so Congress should 
take the time to do it right.


Security and civil liberties do not have to be at odds. Law 
enforcement authorities already have great leeway under current law 
to investigate suspects in terrorist attacks - including broad 
authority to monitor telephone and Internet communications. In fact, 
under current law, judges have rejected only three federal or state 
criminal wiretap requests in the last decade.



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From: Matthew Gaylor 
Subject: Noam Chomsky IMC Interview- October 5, 2001
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IMC CHOMSKY INTERVIEW | October 5, 2001
http://www.indymedia.org/
http://www.truthout.com/0663.Intv.Chomsky.htm

The following interview was conducted with Noam Chomsky
via email on October 5, 2001.

Greg Ruggerio did the interview
in conjunction with Indymedia.

greg@sevenstories.com

IMC: In order to shape an international alliance, the U.S. has suddenly
shifted positions with a number of countries in the Middle East, Africa and
Asia, offering a variety of political, military and monetary packages in
exchange for forms of support. How might these sudden moves be affecting the
political dynamics in those regions?

CHOMSKY: Washington is stepping very delicately. We have to remember what is
at stake: the world's major energy reserves, primarily in Saudi Arabia but
throughout the Gulf region, along with not-inconsiderable resources in
Central Asia. Though a minor factor, Afghanistan has been discussed for
years as a possible site for pipelines that will aid the U.S. in the complex
maneuvering over control of Central Asian resources. North of Afghanistan,
the states are fragile and violent. Uzbekistan is the most important. It has
been condemned by Human Rights Watch for serious atrocities, and is fighting
its own internal Islamic insurgency. Tajikistan is similar, and is also a
major drug trafficking outlet to Europe, primarily in connection with the
Northern Alliance, which controls most of the Afghan-Tajikistan border and
has been the major source of drugs since the Taliban virtually eliminated
poppy production. Flight of Afghans to the north could lead to all sorts of
internal problems. Pakistan, which has been the main supporter of the
Taliban, has a strong internal radical Islamic movement. Its reaction is
unpredictable, and potentially dangerous, if Pakistan is visibly used as a
base for U.S. operations in Afghanistan; and there is much well-advised
concern over the fact that Pakistan has nuclear weapons. The Pakistani
military, while eager to obtain military aid from the U.S. (already
promised), is wary, because of stormy past relations, and is also concerned
over a potentially hostile Afghanistan allied with its enemy to the East,
India. They are not pleased that the Northern Alliance is led by Tajiks,
Uzbeks, and other Afghan minorities hostile to Pakistan and supported by
India, Iran and Russia, now the U.S. as well.

In the Gulf region, even wealthy and secular elements are bitter about U.S.
policies and quietly often express support for bin Laden, whom they detest,
as "the conscience of Islam" (New York Times, October 5, quoting an
international lawyer for multinationals, trained in the U.S.). Quietly,
because these are highly repressive states; one factor in the general
bitterness towards the U.S. is its support for these regimes. Internal
conflict could easily spread, with consequences that could be enormous,
especially if U.S. control over the huge resources of the region is
threatened. Similar problems extend to North Africa and Southeast Asia,
particularly Indonesia. Even apart from internal conflict, an increased flow
of armaments to the countries of the region increases the likelihood of
armed conflict and the flow of weapons to terrorist organizations and
narcotraffickers. The governments are eager to join the U.S. "war against
terrorism" to gain support for their own state terrorism, often on a
shocking scale (Russia and Turkey, to mention only the most obvious
examples, though Turkey has always benefited from crucial U.S. involvement).

IMC: Pakistan and India, border countries armed with nuclear weapons, have
been eye to eye in serious conflict for years. How might the sudden and
intense pressure that the U.S. is exerting in the region impact their
already volatile relationship?

CHOMSKY: The main source of conflict is Kashmir, where India claims to be
fighting Islamic terrorism, and Pakistan claims that India is refusing
self-determination and has carried out large-scale terrorism itself. All the
claims, unfortunately, are basically correct. There have been several wars
over Kashmir, the latest one in 1999, when both states had nuclear weapons
available; fortunately they were kept under control, but that can hardly be
guaranteed. The threat of nuclear war is likely to increase if the U.S.
persists in its militarization of space programs (euphemistically described
as "missile defense"). These already include support for expansion of
China's nuclear forces, in order to gain Chinese acquiescence to the
programs. India will presumably try to match China's expansion, then
Pakistan, then beyond, including Israel. Its nuclear capacities were
described by the former head of the U.S. Strategic Command as "dangerous in
the extreme," and one of the prime threats in the region. "Volatile" is
right, maybe worse.

IMC: Prior to 9-11, the Bush administration was being fiercely critiqued,
ally nations included, for its political "unilateralism"- refusal to sign on
to the Kyoto protocol for greenhouse emissions, intention to violate the ABM
treaty in order to militarize space with a "missile defense" program,
walkout of the racism conference in Durban, South Africa, to name only a few
recent examples. Might the sudden U.S. alliance-building effort spawn a new
"multi-lateralism" in which unexpected positive developments-like progress
for Palestinians-might advance?

CHOMSKY: It's worth recalling that Bush's "unilateralism" was an extension
of standard practice. In 1993, Clinton informed the UN that the U.S.
will-before-act "multilaterally when possible but unilaterally when
necessary," and proceeded to do so. The position was reiterated by UN
Ambassador Madeleine Albright and in 1999 by Secretary of Defense William
Cohen, who declared that the U.S. is committed to "unilateral use of
military power" to defend vital interests, which include "ensuring
uninhibited access to key markets, energy supplies and strategic resources,"
and indeed anything that Washington might determine to be within its
"domestic jurisdiction." The last phrase is important: it refers to the
exception the U.S. granted itself from World Court decisions, employed when
it rejected the Court's order to terminate its terrorist attack against
Nicaragua. But it is true that Bush went beyond, causing considerable
anxiety among allies. The current need to form a coalition may attenuate the
rhetoric, but is unlikely to change the policies. Members of the coalition
are expected to be silent and obedient supporters, not participants. The
U.S. explicitly reserves to itself the right to act as it chooses, and is
carefully avoiding any meaningful recourse to international institutions, as
required by law. The Palestinians are unlikely to gain anything. On the
contrary, the terrorist attack of September 11 was a crushing blow to them,
as they and Israel recognized immediately.

IMC: Since 9-11, Secretary of State Colin Powell has been signalling that
the U.S. may adopt a new stance toward the plight of Palestinians. What is
your reading?

CHOMSKY: My reading is exactly that of the officials and other sources
quoted towards the end of the front-page story of the New York Times. As
they made clear, Bush-Powell do not even go as far as Clinton's Camp David
proposals, lauded in the mainstream here but completely unacceptable, for
reasons discussed accurately in Israel and elsewhere, and as anyone could
see by looking at a map-one reason, I suppose, why maps were so hard to find
here, though not elsewhere, including Israel. One can find more detail about
this in articles at the time of Camp David, including my own, and essays in
the collection edited by Roane Carey The New Intifada.

IMC: The free flow of information is one of the first casualties of any war.
Is the present situation in any way an exception? Examples?

CHOMSKY: Impediments to free flow of information in countries like the U.S.
are rarely traceable to government; rather, to self-censorship of the
familiar kind. The current situation is not exceptional-considerably better
than the norm, in my opinion.

There are, however, some startling examples of U.S. government efforts to
restrict free flow of information abroad. The Arab world has had one free
and open news source, the satellite TV news channel Al-Jazeera in Qatar,
modelled on BBC, with an enormous audience throughout the Arab-speaking
world. It is the sole uncensored source, carrying a great deal of important
news and also live debates and a wide range of opinion-broad enough to
include Colin Powell a week ago and Israeli Prime Minister Barak (me too,
just to declare an interest). Al-Jazeera is also "the only international
news organization to maintain reporters in the Taliban-controlled part of
Afghanistan" (Wall Street Journal). Among other examples, it was responsible
for the exclusive filming of the destruction of Buddhist statues that
rightly infuriated the world. It has also provided lengthy interviews with
bin Laden that I'm sure are perused closely by Western intelligence agencies
and are invaluable to others who wants to understand what he is thinking.
These are translated and rebroadcast by BBC, several of them since 9-11.

Al-Jazeera is, naturally, despised and feared by the dictatorships of the
region, particularly because of its frank exposures of their human rights
records. The U.S. has joined their ranks. BBC reports that "The U.S. is not
the first to feel aggrieved by al-Jazeera coverage, which has in the past
provoked anger from Algeria, Morocco, Saudi Arabia, Kuwait and Egypt for
giving airtime to political dissidents."

The Emir of Qatar confirmed that "Washington has asked Qatar to rein in the
influential and editorially independent Arabic al-Jazeera television
station," BBC reported. The Emir, who also chairs the Organization of
Islamic Conference that includes 56 countries, informed the press in
Washington that Secretary of State Powell had pressured him to rein in
Al-Jazeera: to "persuade Al-Jazeera to tone down its coverage," Al-Jazeera
reports. Asked about the reports of censorship, the Emir said: "This is
true. We heard from the U.S. administration, and also from the previous U.S.
administration" (BBC, October 4, 2001, citing Reuters).

The only serious report I noticed of this highly important news is in the
Wall Street Journal (October 5), which also describes the reaction of
intellectuals and scholars throughout the Arab world ("truly appalling,"
etc.). The report adds, as the Journal has done before, that "many Arab
analysts argued that it is, after all, Washington's perceived disregard for
human rights in officially pro-American countries such as Saudi Arabia that
fuels the rampant anti-Americanism." There has also been remarkably little
use of the bin Laden interviews and other material from Afghanistan
available from Al-Jazeera.

So yes, there are barriers to free flow of information, but they cannot be
blamed on government censorship or pressure, a very marginal factor in the
United States.

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[Note from Matthew Gaylor:  I'm glad people are reading Freematt's Alerts.]




October 10, 2001

U.S. Military Defends Its Food Drop

By THE ASSOCIATED PRESS

Filed at 1:34 p.m. ET

BERLIN (AP) -- The U.S. military on Wednesday defended its daily 
humanitarian deliveries to Afghan civilians from criticism by aid 
groups that the packages of food being dropped from the sky are 
propaganda.

Planes loaded with the food aid were in the air Sunday at the same 
time that jets were bombing military targets in Afghanistan in 
retaliation for the Sept. 11 terrorist attacks. Since then, the C-17 
cargo planes have blanketed isolated areas with 37,000 yellow plastic 
ration packets daily, each containing two meals.

[...]

But the Nobel Peace Prize-winning organization Medecins Sans 
Frontieres condemned the operation, saying Wednesday that the drops 
were a ``military propaganda operation'' that could endanger future 
aid operations.

[...]


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From freematt@coil.com  Wed Oct 10 13:35:51 2001
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Date: Wed, 10 Oct 2001 15:48:00 -0400
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From: Matthew Gaylor 
Subject: Censorware Article In November Playboy
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The November 2001 print issue of Playboy Magazine 
 has an article by Chip Rowe "Access Denied: 
coming to a library near you: censorware. (Forum page 55).  I just 
received my copy in the mail today.

Rowe cites an example from Bennett Haselton :

Begin Playboy quote: "Haselton created four web pages with titles 
such as "The Homosexual Agenda Information Center." He posted the 
anti-gay snippets without attribution.  He then reported the pages to 
various filtering companies.  Four companies blocked every page; two 
others blocked at least two.  Haselton shared the results with a 
reporter, who then phoned the companies to inform them of the ruse. 
Each refused to block the original sites. Today's lesson, kids:  It's 
not the content of the message but the clout of the messenger that 
will determine what you see." End Playboy quote.

Censorware refers to Internet filtering software that is federally 
mandated via The Children's Internet Protection Act.  The Act 
requires public schools and libraries to install the Orwellian 
software or risk losing federal funds.  In a recent show of moral 
courage the San Francisco City Library system refused to install the 
software and publicly stated that they'd forego the federal funds.

Regards,  Matt-

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Subject: What About the Children? by Jacob G. Hornberger
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What About the Children?
by Jacob G. Hornberger, October 2001


One of the most disturbing aspects of Osama bin Laden's October 7 
videotape has been the reaction of U.S. officials to one of his 
charges -- that the U.S. government has killed a million Iraqi 
children. As far as I know, not one government official has denied 
the charge.

Why not? It would seem to be rather important to deny such an accusation.

Every time I ask someone whether they know anything about the charge, 
the response is the same: "That's ridiculous. If our government had 
killed a million children, we would have heard about it."

Unfortunately, the evidence suggests that bin Laden's charge might in 
fact be true -- that for the past 10 years, the government of one of 
the greatest nations in history has engaged in the systematic killing 
of hundreds of thousands of innocent children.

On September 30, 1998, BBC News Online Network reported, "The 
outgoing coordinator of the UN oil-for-food deal in Iraq said it was 
correct to draw attention to the '4,000 to 5,000 children dying 
unnecessarily every month due to the impact of sanctions because of 
the breakdown of water and sanitation, inadequate diet, and the bad 
internal health situation.'"

And a Reuter's release dated July 21, 2000, stated, "A senior UN 
official, Anupama Rao Singh, country director for UNICEF, said Friday 
about half a million children under the age of 5 have died in Iraq 
since the imposition of UN sanctions 10 years ago."

If these reports are true, what does it portend for the American 
people, who have in the past condemned citizens in foreign lands for 
looking the other way when *their* governments were killing 
multitudes of innocent people?

What was the reaction of the Clinton administration to the horrific 
consequences of the U.S. embargo against Iraq? In a 1996 *60 Minutes* 
interview, U.S. Secretary of State Madeleine Albright told Leslie 
Stahl, "This is a very hard choice, but the price, we think the price 
is worth it."

Worth the lives of hundreds of thousands of innocent children? Might 
parents in the Middle East feel differently?

Albright and her boss, President Clinton, based their claim that the 
deaths of Iraqi children were "worth it" on their belief that the 
embargo would ultimately "squeeze" Iraq's ruler, Saddam Hussein, into 
relinquishing political power. But can such a political goal morally 
justify the use of Iraqi civilians in such a manner -- especially 
children?

There are, of course, those who say that Americans should not examine 
the terrorists' motives for the September 11 attacks, because to do 
so might suggest that "we had it coming to us." Most people would 
agree that nothing -- especially wrongful conduct by the victims' 
government -- can justify those attacks. But should we permit the 
September 11 attacks to relieve American citizens of the 
responsibility for examining whether the U.S. government is guilty of 
targeting foreign citizens because of acts committed by their own 
government?

The American people seek to avenge the deaths of the 6,000 people who 
died in the attacks on September 11. But imagine the following: 
Suppose Iraqi terrorists had instead hijacked planes filled with 
elementary school students and then intentionally crashed them into a 
convention center that they knew contained several hundred thousand 
Cub Scouts and Brownies, killing everyone.

How much angrier would Americans then be?

Consider the following excerpt from the statement that Ramzi Ahmed 
Yousef, one of the terrorists who bombed the World Trade Center in 
1993, made to the federal judge at his sentencing hearing: "You keep 
talking also about collective punishment and killing innocent people 
to force governments to change their policies; you call this 
terrorism when someone would kill innocent people or civilians in 
order to force the government to change its policies. Well, when you 
were the first one who invented this terrorism.... And now you have 
invented new ways to kill innocent people. You have so-called 
economic embargo which kills nobody other than children and elderly 
people.... You are the ones who invented terrorism and using it every 
day. You are butchers, liars, and hypocrites."

Yousef's statement raises two troubling questions: First, in the 
long, nasty war that might lie ahead, is it possible that the enemy 
will be angrier and more motivated to kill than Americans are? 
Second, why didn't U.S. government officials stop the embargo once 
they realized not only that it was producing perverse consequences 
but also that those perverse consequences were a principal motive 
behind the 1993 attack on the World Trade Center?

Isn't it incumbent on a citizenry to make its government stop 
wrongful conduct against innocent people, even in the midst of war? 
As a moral matter, shouldn't we leave the barbarity to the enemy? 
Isn't it in our interests to do so?

© 2001 The Future of Freedom Foundation. All rights reserved.

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Date: Sun, 14 Oct 2001 18:30:20 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: US Law Enforcement Given Unprecedented Surveillance Powers
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Date: Fri, 12 Oct 2001 10:54:27 -0400
From: Declan McCullagh 
To: politech@politechbot.com
Subject: FC: Senate votes 96-1 for "USA Act" -- without Feingold's amendments
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
X-News-Site: Cluebot is at http://www.cluebot.com/

Details of Feingold's unsuccessful amendments:
http://www.wartimeliberty.com/article.pl?sid=01/10/11/1430203&mode=thread

---

http://www.wartimeliberty.com/article.pl?sid=01/10/12/0440201&mode=thread

    Sen. Russ Feingold (D-Wisconsin) had planned on introducing four
    privacy amendments to a bill widely viewed as anti-privacy. The debate
    ran from 9 pm to midnight on Thursday.

    The sequence went as follows for all the amendments:
    1. Feingold introduced an amendment to the USA Act
    2. Feingold, Wellstone, Cantwell spoke in favor of it
    3. Just about everyone else led by Hatch, Leahy, Daschle opposed it
    4. Daschle moved to table
    5. Just about everyone voted to table
    6. Goto Line 1

    The votes were:
    83-13 to table the "trespasser" snooping amendment
    90-7 to table roving wiretap limits
    89-8 to table subpoena limits

    Feingold never introduced his promised fourth amendment, which would
    have limited secret searches.

---

http://www.wired.com/news/conflict/0,2100,47522,00.html

    [...]

    In a series of votes ending at midnight Thursday, the U.S. Senate
    overwhelmingly defeated the last-ditch efforts by Sen. Russ Feingold
    (D-Wisconsin) to limit police surveillance powers.

    The Senate then voted 96-1 for the unaltered USA Act (PDF), which
    includes the biggest eavesdropping expansion in a generation. Feingold
    was the lone dissenter.

    Sen. Orrin Hatch (R-Utah) described Feingold's three amendments as
    "outdated and nonsensical." Hatch said "current law perversely gives
    the terrorist privacy rights.... We should not tie the hands of our
    law enforcement and help hackers and cyber-terrorists to get away."

    Senate Majority Leader Tom Daschle (D-South Dakota) said the USA Act
    was a "delicate but successful compromise" that provided adequate
    protection for civil liberties. Daschle said his opposition to
    Feingold's amendments was "not substantative but procedural" because
    the Senate needed to move quickly on the legislation.

    [...]

---
Subject: FC: House votes 339-79 to approve USA Act v2.0 "anti-terror" bill
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
X-News-Site: Cluebot is at http://www.cluebot.com/

You can tell how your congresscritter voted on the unsuccessful
attempt to send back t to committee -- a good idea -- which failed 73-345:
http://clerkweb.house.gov/cgi-bin/vote.exe?year=2001&rollnumber=385

The 339-79 final roll call vote to approve the USA Act v2.0:
http://clerkweb.house.gov/cgi-bin/vote.exe?year=2001&rollnumber=386

Text of USA Act v2.0:
http://www.house.gov/rules/sensen_028.pdf

Background on debate:
http://www.politechbot.com/p-02652.html

---

http://www.wired.com/news/conflict/0,2100,47549,00.html

    House Endorses Snoop Bill
    By Declan McCullagh (declan@wired.com)
    2:00 a.m. Oct. 13, 2001 PDT

    WASHINGTON -- The House of Representatives voted overwhelmingly Friday
    afternoon to hand unprecedented surveillance powers to police.

    Just hours after the Senate approved its version of the anti-terrorism
    bill, House legislators followed suit by voting 339-79 to ease limits
    on wiretapping and Internet monitoring.

    The big difference: The House attached an expiration date to the "USA
    Act" (PDF). The wiretap sections expire in December 2004 -- unless the
    president decides it is in the "national interest" to extend them
    until December 2006.

    During the five-hour debate, legislators complained that House leaders
    had forced a vote before anyone had a chance to review the 175-page
    bill. Early in the morning, top House Republicans met privately and
    abruptly agreed to use the Senate's anti-terrorism bill instead of a
    more moderate one that their colleagues had expected.

    Democrats were the most strident critics of that decision. Barney
    Frank (D-Massachusetts) said: "What we have today is an outrageous
    procedure: A bill, drafted by a handful of people in secret, comes to
    us without a committee review and immune to amendment."

    Frank was talking about a rule handed down from GOP leaders on Friday
    morning that banned any changes to the USA Act before the vote.

    [...]


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Date: Sun, 14 Oct 2001 18:25:23 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Charles Platt on FAA Security Chief Quitting: "Really nauseating
 news"
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[Note from Matthew Gaylor:  Charles Platt is the distinguished 
science fiction author and senior writer for WIRED Magazine.]

Date: Thu, 11 Oct 2001 17:11:53 -0400 (EDT)
From: Charles Platt 
To: Matthew Gaylor , Declan McCullagh 
Subject: A really nauseating news item

Allegedly, federal officials took special steps to protect their own
safety when they were demonstrating to the rest of us that it's okay to
travel on airplanes. From today's AP news bulletin:

---------------------------------------

Source: FAA Chief Quits in Protest

The Associated Press
Thursday, October 11, 2001; 4:28 PM

WASHINGTON  The head of security for the Federal Aviation Administration
decided to quit after he was told to reassign air marshals to commercial
flights carrying members of President Bush's Cabinet, a source with
knowledge of the resignation said Thursday.

Michael A. Canavan, named associate administrator for FAA's office of
civil aviation security last December, said the marshals had been assigned
to other flights that he felt could be more at risk of a hijacking,
according to the source, speaking on condition of anonymity.

Bush administration officials had wanted marshals on the planes carrying
Cabinet members, who took commercial flights to demonstrate that air
travel was safe and thereby encourage Americans to return to the skies.

[...]

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From freematt@coil.com  Sun Oct 14 16:13:29 2001
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Date: Sun, 14 Oct 2001 18:44:05 -0400
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From: Matthew Gaylor 
Subject: US Senate's Anti-Terrorist Forfeiture Rules of Evidence
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[Note from Matthew Gaylor:  Leon Felkins is Executive Director of 
FEAR (Forfeiture Endangers American Rights)  http://www.fear.org/ ]

Date: Sun, 14 Oct 2001 16:47:20 -0500
To: "FEAR-Both Lists":;
From: "Leon F." 
Subject: Rules? Who needs rules?
Cc: freematt@coil.com

The Senate bill, S. 1510, "The USA Act of 2001", under section  316. 
ANTI-TERRORIST FORFEITURE PROTECTION has the following bit of good 
news:


"(b) Evidence.--In considering a claim filed under this section, the 
Government may rely on evidence that is otherwise inadmissible under 
the Federal Rules of Evidence, if a court determines that such 
reliance is necessary to protect the national security interests of 
the United States. "

Well, there you go. "National security interests" trumps the rule of 
law. Seems that we've been through this movie before -- but rarely 
during peace time (has war been declared?).

Leon Felkins


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Date: Sun, 14 Oct 2001 19:05:36 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: ACLU "Bitterly Disappointed" in House-Senate Joint Passage of
 Anti-Terrorism Legislation
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Safe and Free
Safe and Free in Times of Crisis

ACLU "Bitterly Disappointed" in House-Senate Joint Passage of 
Anti-Terrorism Legislation

FOR IMMEDIATE RELEASE
Friday, October 12, 2001

Spotlight: Wiretap Provisions: A Legislative Comparison Chart

Ten Points Statement of Principles: In Defense of Freedom at a Time of Crisis

WASHINGTON -- The American Civil Liberties Union said today that it 
was bitterly disappointed with the passage of anti-terrorism 
legislation, which mirrored closely the highly controversial original 
legislative proposals the Administration submitted to the House of 
Representatives and the Senate.

"This bill has simply missed the mark of maximizing security and, at 
the same time, minimizing any adverse effects on America's freedoms," 
said Laura W. Murphy, Director of the ACLU Washington National 
Office. "Most Americans do not recognize that Congress has just 
passed a bill that would give the government expanded power to invade 
our privacy, imprison people without due process and punish dissent."

Late Thursday night, the Senate passed the so-called USA Act of 2001 
(S. 1510) 96 to 1 with very little debate. Sen. Russ Feingold (D-WI) 
was the only Senator to vote against the bill. He also introduced 
three amendments - all of which were defeated by his colleagues - 
that would have fixed several of the bill's more glaring problems. 
Murphy praised Sen. Feingold for his "courageous attempt to protect 
American liberties."

This morning, the House GOP leadership substituted legislative 
language which matched closely both the Senate bill and the 
Administration's anti-terrorism package. It replaced the language of 
the PATRIOT Act, a bill that had undergone significant revision in 
the House Judiciary Committee to protect civil liberties. The new 
legislative language was agreed to in the wee hours of Friday morning 
and its substitution passed by a very thin margin after minimal 
debate.

Before final passage, the modified PATRIOT Act (HR 2975) was met by 
robust opposition on the floor by House Democrats but, nevertheless, 
was finally ratified by a vote of 337 to 79, with 3 Republicans 
voting against and 129 Democrats voting in favor.

It is as yet unclear whether the Senate and House will have to 
negotiate a compromise between their respective bills in conference. 
Given the similarities between the bills, the Senate may take up the 
House bill, making a conference unnecessary and "therefore 
forestalling any real opportunity to make a bad bill better," Murphy 
said. It is possible that the legislation could reach the President's 
desk as early as next week.

Pressure from the White House and the Department of Justice on 
Congress to quickly pass an anti-terrorism bill modeled closely on 
the Administration's proposals has been increasingly fierce over the 
past several days. The Washington Post criticized the Administration 
in an October 3rd editorial: "Attorney General John Ashcroft 
continues implicitly to flog Congress for engaging in the balancing 
act that should have been his responsibility but that he skipped 
past. He warns of the possibility of further terrorist activity, 
which we have no doubt is real. The implication is that if it occurs 
it will be partly the fault of those who insist on modifying this 
bill."

"In rushing through its legislation, the Administration has undercut 
any attempt at good faith negotiation with Democrats, the American 
public and even members of its own party," Murphy said. "If the bill 
does go to conference, we urge lawmakers to reestablish in the bill 
the proper balance between the requirements of safety and the 
necessity of liberty," Murphy added.

According to the ACLU, the most troubling provisions in both the 
Senate and the modified House anti-terrorism legislation now include:

*	Permits Information Sharing: Allows information obtained 
during criminal investigations to be distributed to the CIA, NSA, 
INS, Secret Service and military, without judicial review, and with 
no limits as to how these agencies can use the information once they 
have it.
*	Authorizes "Sneak and Peek Searches": Authorizes expanded use 
of covert searches for any criminal investigation, thus allowing the 
government to enter your home, office or other private place and 
conduct a search, take photographs, and download your computer files 
without notifying you until later.
*	Allows Forum Shopping: Law enforcement can apply for warrants 
in any court in any jurisdiction where it is conducting an 
investigation for a search anywhere in the country. This would make 
it very difficult for individuals subjected to searches to challenge 
the warrant.
*	Creates New Crime of Domestic Terrorism: Creates an entirely 
new type of crime, which is unnecessary for the prosecution of the 
"War on Terrorism." By expanding the definition of terrorism in such 
a way, the bill could potentially allow the government to levy heavy 
penalties for relatively minor offenses, including political protests.
*	Allows the CIA to Spy on Americans: Gives the Director of 
Central Intelligence the power to manage the gathering of 
intelligence in America and mandate the disclosure of information 
obtained by the FBI about terrorism in general - even if it is about 
law-abiding American citizens - to the CIA.
*	Imposes Indefinite Detention: Permits authorities to 
indefinitely detain non-citizens, without meaningful judicial review.
*	Reduces Privacy in Student Records: Allows law enforcement to 
access, use and disseminate highly personal information about 
American and foreign students.
*	Expands Wiretap Authority: Minimizes judicial supervision of 
law enforcement wiretap authority in several ways, including: 
permitting law enforcement to obtain the equivalent of "blank" 
warrants in the physical world; authorizing intelligence wiretaps 
that need not specify the phone to be tapped or require that only the 
target's conversations be eavesdropped upon; and allowing the FBI to 
use its "intelligence" authority to circumvent the judicial review of 
the probable cause requirement of the Fourth Amendment.

Last Updated: 10-12-01
	 



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Date: Sun, 14 Oct 2001 20:04:54 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: What's Wrong With Objectivism?
Cc: "David Kelley" 
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[Note from Matthew Gaylor:  I'm not really asking what's wrong with 
the philosophy founded by novelist Ayn Rand-  But I've noticed for 
many years that many of the adherents of Objectivism somehow manage 
to hold beliefs contrary to freedom.  In the mid 80's I attended a 
talk given by Dr. Harry Binswager, a leading Objectivist scholar, 
where I posed a question on gun control to him during the Q&A:  His 
answer was that he thought semi-automatic firearms should be banned 
as nobody should have any use for such weapons.  Then shortly after 
the Oklahoma City bombing Dr. Leonard Peikoff, perhaps the leading 
disciple of Ayn Rand, mentioned that every militia unit should be 
infiltrated from top to bottom by the FBI and he voiced similar calls 
for gun control.  He also advocated that Objectivists vote for Bill 
Clinton.  My friend's at the time referred to him as Police State 
Peikoff.  Now we have The Objectivist Center, founded by David 
Kelley, calling for a national ID card.  I'm at a loss to determine 
what is the moral philosophical basis for requiring US citizens to 
have a national ID?]


To: freematt@coil.com
Date: Sat, 13 Oct 2001 21:59:45 -0400
Subject: TOC & Robbins advocacy of national ID
From: David M Brown 

To the Editor:

So now, per James Robbins's article "What Will Happen Now," TOC 
supports a national ID card and other assaults on my privacy and 
liberty?



Question: Exactly how would a national ID card have prevented the 
events of September 11? Will the ID card say: WARNING: THIS IS A 
TERRORIST HEAH?

And exactly how many of our personal liberties and rights are we 
supposed to throw away now?

"Since last Tuesday, some of my 'go to the wall' libertarian views, 
such as opposing a national ID card, have seemed trivial," Robbins 
writes. "The potential for government abuse is present, but the need 
for providing security is actual." The potential for abuse is 
"great"? Yeah, I'd say so.

"So long as there are actual checks and balances..." Robbins advises. 
Great. What are the "checks" and the "balances" going to be, and what 
_are_ the risks? Robbins supplies no discussion whatever of what's 
involved.

Any chance whatever that the government will use the additional 
information and means provided to it to via a national ID card to do 
anything besides combat terrorism? What's the history, for 
example, of the social security number? Anybody at TOC remember the 
fact that it was never supposed to be used as a means of 
identification? What was the "check" and the "balance" there? Any 
idea over at TOC privvy as to the content of the various 
"anti-terrorism" bills now before Congress? Take a look. Then take 
another look at what gets passed.

Robbins also seems to support the idea of cameras, 
cameras, everywhere, too. I just love the idea of living in Patrick 
McGoohan's Village.

Those who want to control and monitor us are leaping on this event 
like a pack of hyenas. It is very, very sad and disturbing to find 
TOC joining the pack. Meanwhile, of course, it's precisely when we 
enter into public situations in which our personal safety is most 
jeopardized by potential terrorism and other random thuggery, that we 
are supposed to be in particular disarmed so that we have no chance 
of adequately defending ourselves, if assaulted. Not unless 
fisticuffs will suffice.

Most of the TOC-sponsored analysis about these horrific events has 
been sound. I assume not everyone at The Objectivist Center joins in 
Robbins's ill-considered sentiments.

But on the other hand, there can't have been very fundamental and 
vocal opposition to them either, as I assume that anything that gets 
published in Navigator has to pass some minimal gauntlet. Isn't the 
editor, at least, required to peruse any articles that are slated for 
publication? And TOC's recently posted "position statement" does seem 
to endorse a Robbins-style tradeoff. "Measures that limit the [rights 
to liberty, property, and privacy] are justified only if they are 
objectively required for security and are tailored to minimize 
restrictions on other rights." (Oh. And who is going to be the 
tailor, prithee? Cathy Young and James Robbins? I am not reassured.)

What really bothers me is that I have found the perfect solution to 
the problem of security on airplanes, but it has yet to be 
implemented, even though, as I write, this is Day 32 of the crisis. 
Handcuff all passengers as they take their seats and don't remove the 
handcuffs until the plane has landed. That way, there will be no need 
for anybody to be armed, the pilot or anybody else. I am sure Robbins 
will endorse this, as it will enhance security. Sure, there are risks 
to this approach, but let's just make sure there are checks and 
balances too.

Guys, it is conceivable that our "security" will be enhanced if we 
are all locked up in a giant cage and nobody can do anything without 
first filling out a form in triplicate. Food -- carefully screened in 
advance for poison by the Almighty Bureaucrats -- could be extruded 
to us through various tactically placed tubules. We'll all die 
slowly, sure, but at least we won't die fast. Except maybe those who 
are really, _really_ bothered by this sort of thing. Those pesky 
Howard-Roark types.

But in the spirit of unity, yeah, okay, for the sake of my 
"security," bring on the fascism. And I'll check my "checks and 
balances" at the door.

David M. Brown

>[Writes Robbins:] Speaking for myself, however, the recent assault 
>on America has had a significant clarifying effect. Since last 
>Tuesday, some of my "go to the wall" libertarian views, such as 
>opposing a national ID card, have seemed trivial. The potential for 
>government abuse is present, but the need for providing security is 
>actual. So long as there are adequate checks and balances, so long 
>as the enabling legislation is circumscribed and directed, the 
>measures currently being touted seem a reasonable cost.

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Date: Sun, 14 Oct 2001 20:15:57 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Anti-Cult FACTNet's Terrorist Bombing Update
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Date: Sun, 14 Oct 2001 16:51:55 -0700
To: factnet International 
From: FACTNet International 
Subject: 1-Confidential Terrorist Bombing Update for Factnet donors only!

Dear Factnet Donor,

This issue of our Factnet Donor newsletter is dedicated to 
understanding more about what created the extremism in the 
individuals who bombed the World Trade Center and the Pentagon. 
Shortly, you should be seeing more on this story in the popular news 
media.

Behind the World Trade Center and the Pentagon bombings was the 
involvement of a mind control cult just as a mind control cult was 
behind the Aum Shinrikyo sarin gas attacks in the Tokyo subways. 
Leading cult and mind control experts have confirmed that the 
terrorists are members of a mind control cult that had expediently 
hijacked and distorted Islamic religious dogma. But just how one of 
the world's oldest and most secretive cults is involved will follow 
after a little background on the mind control element behind this 
terrorism.

The individuals who perpetrated the World Trade Center bombings acted 
because of a set of ideas and values that they "believed." These 
ideas and values seem to most of us not just extreme, but insane 
(i.e. suicide and the killing of innocent others.) To find out why, 
who and what actually caused the World Trade Center bombings you have 
to go beyond considering the mere scaffolding of any possible 
defensible rationality of the ideas, values and motivations held by 
the terrorists or that of the people who sent them. When you see the 
terrorist's actions through the two lenses of mind control and the 
psychology of how to create and maintain a destructive cultic group, 
you will understand the real method used to implant the ideas and 
values that ultimately motivated their horrific acts.

More importantly, when the US government and military also begin to 
see the World Trade Center terrorists as members of a mind control 
cult and that the cult terrorist and the cult fanatic are essentially 
the same, they will be more successful in hindering future acts of 
terrorism. The statement that the World Trade Center terrorists were 
members of a mind control cult does not imply in any way that the 
terrorists must not be handled with swift and appropriate physical 
intervention and detention to prevent more terrorist acts. It means 
that if the US government response is appropriate to the proper 
handling of the actual mind control and cult causes of the attacks it 
won't make as the FBI lack of understanding of mind control cults did 
at WACO.
How the World Trade Center and the Pentagon Cult Terrorists were manufactured:

Experts on Middle Eastern terrorists have discovered that they are 
regularly recruited from ultra-fundamentalist Islamic religious 
schools.** In these schools the potential recruits are subjected a 
severe process of mental exercises, discipline and testing far more 
difficult than that of the terrorists’ physical training in the 
training camps.

This known clue is important because it links directly to the long 
history of mind control cult terrorism in the Arabic world. As early 
as the 7th century AD a cult called the Hashishin was already in the 
terrorism business. (Hashishin is the derived source of the modern 
word assassin.)

Through the centuries this cult perfected some of the earliest 
empirical antecedents of modern mind control using its members as 
unknowing test subjects. Using distorted Islamic religious imagery 
and a series of severe mental and physical exercises (initiations) 
they were able to program their members to kill themselves with or 
without reason literally on command or kill themselves while 
executing assassinations or, joyously go on missions of certain 
death.  Their members did anything asked of them because they were 
programmed to believe they would immediately go to Paradise as a 
martyr for Islam and be awarded with scores of waiting virgins and 
all other forms of comfort and wealth.

For centuries the Hashishin cult network has been the dark side of 
Arabic culture and has terrorized any person or organization that 
opposed it. Now, in an evolved and morphed form, the mind control 
skills and cultic structure of the Hashishin is still in existence 
and being used again. But, today it is also being augmented with the 
additional power of more modern mind control technology and modern 
intelligence training.

It would take too much time here to describe the full terrorist 
history of the Hashishin mind control cult in the Arabic world much 
less the riveting Hashishin mind control training procedures. For 
this we strongly recommend you see Chapters 1 and 2 of Secret 
Societies: Yesterday and Today, by Arkon Daraul. (Published by the 
Frederick Muller, London.) There you will see in vivid detail the 
origins and history of the modern Arabic mind control system used in 
an evolved form to help create the terrorists who bombed the World 
Trade Center.

Keep in mind not all terrorists go though mind control in a cult 
setting such as the World Trade Center terrorists. The terrorist 
suicide bombers currently plaguing Israel are generally not subjected 
to as an intense of a regimen of mind control or cultic surroundings 
as those terrorist recruited out of the Islamic ultra-fundamentalist 
religious schools.

For instance, one of the weaker of the more modern mind control 
techniques used to keep terrorist attacking Israel on suicide 
missions has recently surfaced on TV. It was to have the terrorist 
make a video to their families before their suicides stating how glad 
they are to become Islamic martyrs and how happy they were going to 
Paradise. (Remember the Heaven's Gate Hale Bop cult's pre-suicide 
videos stating how glad the members were to be getting into the 
spaceship behind the comet?) Knowing that the pre-suicide video 
exists and will be given to others helps compel the terrorist to 
follow through with their mission or be subjected to an unbearable 
humiliation.

(A full and detailed description of how specific mind control and 
cult control techniques work linked at the end of this editorial. *)

Recruiting terrorists:

How do you recruit a person to rain terror, death and destruction on 
people they do not even know? Do you look for someone who is already 
evil?
No. You use bait. The best bait is information that can easily be 
accepted as true and may, from a certain perspective, in fact be true.
What you hear in the media as the reasons for the recent acts of 
terrorism at World Trade Center and the Pentagon is that the 
terrorists believe that the US economic, political and/or military 
culture is destroying their religious culture or that the US is 
harming fellow Arabs in the middle east in the Arab Israeli conflict. 
Or, that the US is bias toward the Israelis and the Israelis have 
taken away an Arab homeland and Arab human rights.
All the above are ideas and values that, from a certain Arab/Islamic 
perspective, could be argued or believed to be true. This perception 
of the “injustices” being imposed upon them or their people from 
without, followed by a feeling of powerlessness to effect or stop the 
force creating the perceived injustices creates the depth of 
frustration and anger that is an ideal soil for terrorist recruiting.

It is only then, after the now willing recruit has taken the 
ideological "bait", that the technologies of mind control found in 
destructive cults can be effectively applied. The successful 
application of these mind and cult control tactics then prevent the 
recruit from being able to re-evaluate or rethink his membership or 
anything the cult tells him to do in order to fanatically punish the 
cause of the perceived injustice and frustration. (For more on the 
practiced cult recruiting deceptions see Chapters 1 and 2 of Secret 
Societies, Yesterday and Today mentioned above.)
How the US government should handle the cult terrorism situation:


1.	Treat this as a horrible international crime committed by a 
relatively small terrorist mind control cult, not an act of 
international war by a nation!

2.	Because of the international scope of the crime and its 
magnitude, engage the UN, World Court and the International community 
(especially the Islamic nations) to help in apprehending the 
terrorists, their handlers and supporters and bring them swiftly to 
trial in the International World Court.

3.	Engage the UN, World Court and the International community 
(especially the Arab Islamic nations) in actively helping to prevent 
further terrorism using international law and law enforcement.

4.	Train the US State department, US Intelligence, and the US 
military agencies by the world's leading cult and mind control 
experts on how to control, contain and stop mind control cults so 
that they do not inadvertently turn Afghanistan or other Middle 
Eastern countries into another WACO/FBI/cult-handling disaster --- 
only this time on a global scale. (Considering that the devastating 
Okalahoma City bombing retaliation came from one of our own citizens 
motivated by the WACO FBI cult handling disaster, imagine what 
unaprehended Arab cult terrorists will do to retaliate if the US 
response to this cult terrorism is not wise, just and precise.)

5.	Begin worldwide education on mind control and destructive 
cult technology led by Islamic religious and political leaders. They 
know this problem well they have been dealing with it for 13 
centuries. This will help inoculate more individuals from being 
recruited.
6.	Slow and prevent further "bait-based" terrorist recruitment 
by insuring that there are effective methods for Arab grievance 
hearing and resolution as well as true economic, and political 
enfranchisement. This will reduce the fertile recruiting ground of 
frustration, anger, powerlessness and disenfranchisement many Arabs 
perceive.

7.	Do not allow the psychological warfare departments to start 
dehumanizing the cult terrorists as evil enemies or inhuman. Mind 
control cults are an international criminal problem involving about 
20,000 members worldwide. They are not a military problem requiring 
war on other nations. We should not forget that the terrorists are 
human beings that have been subjected to the evil of a mind control 
cult and, no matter how heinous their crimes are, they still are and 
always will remain human beings with inalienable international rights 
to justice and due process. It is the evil within the mind control 
cult that turns humans into monsters and, if as the US president 
repeatedly states, "this is a war on evil," at least --- let it be on 
the right evil target and real cause of the terrorism.
What will most likely happen if the cult Terrorists are not Handled 
with Wisdom, Precision and International Law and Justice:

There are probably hundreds of isolated cells of sympathetic cult 
terrorists in dozens of Arabic countries around the world. If the US 
does not let the UN do the job it was designed to do and let the 
Islamic countries play a predominant role in a multinational UN force 
to affect the physical intervention, detention and the putting of the 
terrorists on trial, the following consequences are likely:


a.	The military martyrdom of Osama Ben Laden and others will 
enflame and refuel the other terrorists cells. There will be 
retaliation by the other cells at levels that could be far beyond the 
embassy bombings and the World Trade Center bombings wherever US 
tourists, business and trade interests exist. These attacks will also 
further harm a global economy that is already in recession and create 
a worldwide environment of fear that, in itself, would be crippling 
to life as we cherish it.

b.	The military martyrdom of a few will enflame and refuel the 
cult's worldwide Arab/Islamic terrorist recruiting efforts. If there 
is a US dominated military attack that is not led by the UN and based 
on International law, you will soon have the recruits to create 
thousands more cells.

c.	Military action that is not under the UN leadership may 
destabilize Arabic countries with civil unrest and coups.  Some of 
these countries, besides having most of the world"s oil reserves, 
have biological and nuclear arsenals. This then could quickly lead to 
both regional war and or even a world war with the possible use of 
tactical biological and nuclear weapons.

History has repeatedly shown that dealing with isolated mind control 
cults is not effective with Rambo solutions and usually has the exact 
opposite effect. Hopefully there are many individuals in the US who 
will speak out for an appropriate response to the real causes of this 
terrorism before it is too late and a disproportionate or 
inappropriate war-like response makes the situation far worse.

To effectively stop this terrorist cult from acting again one has to 
ultimately defeat the mind control machine that has created the ideas 
and values implanted into the terrorists and not just attempt to 
defeat the people who hold the ideas and values! To solve the 
terrorist problem one needs to see beyond the obvious battle between 
peoples or the battle between competing ideas and values
.
If one martyrs this type of cult member, new recruits will flock to 
replace them and the terrorism expands. If one attacks the ideas and 
values of mind control cults then one finds that one is thwarted by a 
litany of counter arguments and rationalizations. But if one exposes 
and dismantles the mind control “machine” through the International 
justice system (for the criminal acts committed) and then one 
educates people on how a mind control and cult control works, the 
danger of more terrorist attacks drops, current terrorists gradually 
become deprogrammed, few new recruits enter the system and, the world 
of 6 billion people are not plunged into international political 
and/or economic crisis because of the acts of 20,000 cult hardened 
members.

The U.S. has had its WACO. The U.S. has had its Vietnam. We have the 
world's most powerful military and economy. When we are certain of 
the precise solution for the real causes of the terrorist attack and 
we act in cooperation with the world community through the United 
Nations, we can just as easily handle one of the poorest and 
technologically backward areas of the world. This will not change 
over the next months.

It is not the time to rush to a global U. S. dominated military 
retaliation to solve an international criminal problem. It is 
absolutely the time for careful discussion, evaluation and planning 
before acting.

Other News at Factnet and We need Your Advice on



1.	We are expanding our mission to cover more violent and 
terrorist cults in the US and Internationally. This area has now 
clearly shown itself to be a major threat to world economic, peace 
and security.

2.	Due to our growing web traffic we will soon have more 
upgrades done to our website that will greatly enhance its usability 
and appearance. (By the time you receive this we will have passed or 
be near the 21,000,000 web site hit mark and will soon have had our 
two millionth individual visitor.)
3.	We need your advice on Factnet's services. Factnet has to 
find additional funding resources to continue our expanded mission. 
Our security costs have also gone up. The continual virus and hacking 
attacks once again require Factnet to buy a new computer and upgrade 
all software security systems. To meet the above funding needs we are 
considering the options below and we would appreciate hearing if you 
would use and support the following ideas:


a.	Ask our visitors and donors to start at our web pages when 
buying travel, hotels, vitamins, books etc. Through our arrangements 
with major corporations Factnet would receive a small percentage for 
each sale.

b.	Subscribing to a monthly electronic newsletter for a $12.00 annual fee.

c.	Offering fixed-fee for service options such as putting 
relevant information up on a particular cult that an individual wants 
to be made public or doing special investigations on a particular 
cult to expand our public online library for that cult. Or,

d.	Do you have any other idea that might help us increase or 
funding and donations?
While we are continuing to do everything in our power to lower 
administrative costs and direct more of our budget to those online 
activities that are the most effective in protecting others from the 
dangers of mind control used in destructive cults (as we have too 
painfully seen in the recent U.S. bombings,) we have reached the 
point that we simply need more financial support to continue our 
world event expanded mission.
Consequently, I am again asking you to make a generous tax-deductible 
donation to our non-profit organization. Your donation is always your 
statement (in a safe and anonymous way) to terrorists and destructive 
cults everywhere that you too cannot be silenced nor will you allow 
destructive cults to deceive and harm others unopposed. It is also 
your statement that you will not let a mind control cult attack the 
U.S. without being exposed! We hope that you will generously continue 
to be an important part of the only financial means for Factnet to 
meet this new terrorist cult information service challenge.
And finally, our prayers go out to those my affected by the cult 
terrorist's crimes.


Sincerely,


Lawrence Wollersheim
  Factnet Board Member

PS Don't forget to give us your advice on A through C above (use the 
donation envelope to include you answers.) Please also send us your 
email address so we can keep you better informed as the news breaks. 
And, feel free to also send us the email addresses or mail addresses 
of friends who you feel would be benefited from knowing about our 
website, mission and information.
PPS If you would like to be a donor or wish to be contacted by 
snail-mail then please send us your physical address.

·	The following links that will give you an insight into the 
specific mind control and cult control tactics that were among those 
used to implant the ideas and values that ultimately caused the 
bombings.


1.	Mind Control tactics, a short overview ( 
http://www.factnet.org/coercivemindcontrol.html .)
  2.	The Criteria and Characteristics of Destructive Cult Control 
( http://www.factnet.org/rancho5.htm .)
  3.	More Information on Mind Control and Cults ( 
http://www.factnet.org/mindcont.htm .)

** These ultra-fundamentalist Islamic religious schools that serve as 
a significant recruiting pool for terrorists distort the basic 
peaceful religious message of Islam. Also keep in mind that in a mind 
control cult any religious, political, social or other dogma or 
agenda can be expeditiously hijacked for deceptive recruiting and 
control purposes. History has shown that terrorists have been created 
in ultra-fundamentalist Christian, Jewish or other religion's 
religious school as well.
For more about the dangers of what not to do when attacked by a 
terrorist cult go our earlier editorial at ( 
http://www.factnet.org/Current.html .)
This editorial opinion newsletter provided by FactNet, Inc. FactNet 
is a nonprofit Internet archive and newswire service dedicated to 
protecting freedom of mind by reducing harms caused by cults and mind 
control. FactNet's web page is located at www.factnet.org and has 
received over 20,000,000 hits. Re-distribution and proper re-posting 
of this document is appreciated. Please use proper net etiquette when 
doing so.

F.A.C.T.Net, Inc.
PO Box 3135
Boulder, CO 80307-3135 USA

Web site http://www.factnet.org/
E-mail mailto:factnet@factnet.org
Donations http://www.factnet.org/donation.htm
Subscriptions to Newsletters http://www.factnet.org/newsmail.htm

F.A.C.T.Net is a non-profit 501(c)(3) news source, referral service, 
and archive protecting freedom of mind from harms caused by 
psychological coercion.

**************************************************************************
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Matthew Gaylor, (614) 313-5722  ICQ: 106212065   Archived at 
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From freematt@coil.com  Sun Oct 14 18:17:11 2001
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From: Matthew Gaylor 
Subject: US FOOD DROPS 'USELESS' FOR HUNGRY HORDES
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Date: Sun, 14 Oct 2001 09:04:21 -0600
From: spiker 
Subject: US FOOD DROPS 'USELESS' FOR HUNGRY HORDES

Source:
Sunday Mail - UK
http://www.sundaymail.co.uk/shtml/main.shtml

US FOOD DROPS 'USELESS' FOR HUNGRY HORDES 
http://www.sundaymail.co.uk/shtml/NEWS/P10S1.shtml

Sunday, October 14, 2001

AID agencies last night warned food drops to Afghanistan were doing 
more harm than good.

They said more than a million people faced starvation as refugees 
fleeing the Taliban were trapped between Allied bombs and the closed 
Pakistan border.

Glasgow-born Zia Choudhury, 29, humanitarian programme director for 
Oxfam, is in Islamabad, desperate to deliver food to the Afghans but 
unable to reach them.

He said: "It is extremely frustrating to be sitting here in the 
knowledge that things are getting worse every day and we are unable 
to do anything about it.

"Now we're facing a race against time to get enough food into 
Afghanistan to see them through the winter.

"If aid agencies are allowed to enter Afghanistan and the people 
trying to get into Pakistan are allowed over the border, we still 
have time to prevent a catastrophe.  But I'm not hopeful we're going 
to be allowed to do that."

The Americans claim they have been trying to deliver aid to the 
country.  More than 130,000 food parcels were dropped in the last 
week.

But Zia said: "Air drops have worked in other parts of the world but 
only as a last resort. In this situation, they are not effective and 
they are very expensive."

Other aid workers agreed, claiming many of the packages, which are 
dropped from a great height, have been scattered across Afghanistan's 
many minefields.  Organisation of Mine Clearance and Afghan 
Rehabilitation spokesman Alhaj Fazel said: "When the food lands, 
these desperately hungry people will simply rush towards it.  Women 
and children are most vulnerable."

A spokesman for French aid agency Medecins Sans Frontieres added: 
"This is not a humanitarian effort, this is part of a military 
campaign designed to gather approval for the attacks.  It is 
virtually useless and may even be doing harm."

Aid agencies said the food itself was of little use because it is 
totally unsuitable.

Most Afghans live on bread and rice and have never seen the kind of 
food in the parcels. They contain baked beans, beans in a tomato 
vinaigrette, peanut butter, strawberry jam, a biscuit, salt and 
pepper and a fruit bar.

None of the food meets strict Islamic requirements for food preparation .

And reports from the few aid workers left in the country say those 
who do eat it suffer digestive problems because their malnourished 
stomachs can't cope.

Zia Choudhury said: "Where air drops have been effective, they have 
been dropped on to a specific site where aid workers are in place to 
distribute it to those who most need it.

"We have worked out that this food costs 10 to 15 times more than the 
wheat and grain we would like to distribute in Afghanistan.

"The best thing would be to stop the air drops and open up two roads 
into Afghanistan so we can deliver food by truck.  That way it will 
reach the people who need it most."

Some supplies are getting through.  A convoy of 40 World Food 
Programme trucks with 1000 tons of food supplies left Peshawar on 
Wednesday.

Aid agencies believe they need to get 56,000 tons of food into 
Afghanistan in the next month if they are to prevent a humanitarian 
catastrophe.

But the World Food Programme estimates that even if the borders were 
opened immediately, just 1800 tons could be moved in every day before 
the Afghan winter makes roads impassable.

They have almost 300,000 tons of aid ready to be moved from Iran and Pakistan.

Another problem for the aid agencies is the attitude of Afghans 
toward westerners.  There are reports of aid workers being attacked 
by people who make no distinction between western charity workers and 
the people who are bombing their country.

Zia said: "This is something we encountered in Kosovo, too.  When we 
arrived in our white vehicles, they thought we were the military.

"It takes a lot of hard work to convince people that we are there to 
help them.  Some think we are missionaries.

"We have to explain we are non-political and non- religious.  All of 
that can hold up the aid operation."

**************************************************************************
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**************************************************************************

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From: Matthew Gaylor 
Subject: Cyberterrorism and Cyberhooliganism CRYPTO-GRAM, October 15, 2001
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

[Note from Matthew Gaylor:  I'm sending Bruce Schneier CRYPTO-GRAM 
once again with a recommendation that you subscribe if the issues of 
online security and civil rights interests you.]

Date: Sun, 14 Oct 2001 19:45:37 -0500
To: crypto-gram@chaparraltree.com
From: Bruce Schneier 
Subject: CRYPTO-GRAM, October 15, 2001

                  CRYPTO-GRAM

                October 15, 2001

               by Bruce Schneier
                Founder and CTO
       Counterpane Internet Security, Inc.
            schneier@counterpane.com
          


A free monthly newsletter providing summaries, analyses, insights, 
and commentaries on computer security and cryptography.

Back issues are available at 
.  To subscribe, visit 
 or send a blank message 
to crypto-gram-subscribe@chaparraltree.com.

Copyright (c) 2001 by Counterpane Internet Security, Inc.


** *** ***** ******* *********** *************

In this issue:
      Cyberterrorism and Cyberhooliganism
      War on Terrorism
      SSSCA
      Nimda
      Crypto-Gram Reprints
      SANS Top 20
      News
      Counterpane Internet Security News
      Dangers of Port 80
      Comments from Readers


** *** ***** ******* *********** *************

      Cyberterrorism and Cyberhooliganism



I've seen a lot of news articles about "cyberterrorism."  Some have 
described the Nimda worm as a form of cyberterrorism.  These articles 
admonish readers to keep their virus detectors and firewalls 
up-to-date to combat cyberterrorism, because we're going to see more 
Web defacements and viruses as parts of cyberterrorist attacks.

Let's get real here.  To be sure, you should keep all your security 
products up-to-date.  But what it's protecting against, and what 
we're seeing, is cyberhooliganism: the cyber equivalent of phoning in 
phony bomb threats and throwing dead rats at people in turbans.  It's 
horrible, it's despicable, it causes genuine damage, and it ought to 
be stopped.

But don't dignify it with a fancy name, and don't minimize the real 
terrorist dangers.  Real cyberterrorism will come when somebody pulls 
the plug on the Internet or the phone system, irrevocably destroys 
computers and data, or disrupts critical systems resulting in loss of 
life.

You protect against this kind of stuff by having good (and distant) 
backups, by making sure you won't go out of business if the Internet 
goes away for a week, and by increasing the redundancy and 
reliability of your Internet connection and of the Internet as a 
whole.

And while you're checking your backups (Is all your data really on 
those tapes?  Where are they, anyway?  How would you restore them if 
your computers had no operating system, or if you had no computers 
anymore?), figuring out how redundant your network connections really 
are, updating your virus checker and your firewall, how about 
checking out your disaster planning in general?

When was the last time you took a fire evacuation drill seriously?


This essay was written with Elizabeth Zwicky.


** *** ***** ******* *********** *************

                 War on Terrorism



I am writing this in the midst of much speculation about 
anthrax-laden letters being mailed in the United States.  At this 
point, we don't know if this is 1) a bizarre unrelated event, 2) a 
terrorist attack gone bad, or 3) field tests for a terrorist attack 
to come.  I am hoping for the first, as far-fetched as it sounds, and 
I am worried about the third.

A few minutes of speculation should be enough to convince anyone that 
we cannot make the United States, let alone the world, safe from 
terrorism.  It doesn't matter what Draconian counterterrorism 
legislation we enact, how many civil liberties we sacrifice, or where 
we post armed guards.  We cannot stop terrorism within a country.  We 
cannot block it at its borders.  We have always been at risk, and we 
always will be.

The only way to deal with terrorism is to eradicate it at the source: 
to root out and destroy terrorists and terrorist organizations.  In 
this sense, President Bush's campaign against terrorism is the 
correct course of action.  But to be successful, a counterterrorism 
campaign needs two components: in law-enforcement and in politics. 
Merely arresting and convicting existing terrorists, without 
addressing the geopolitical climate that created those terrorists in 
the first place, will not solve the problem.  This is the lesson that 
the British learned in Northern Ireland, and the lesson that the 
Israelis have not yet learned in their own country.  To use Bush's 
"War on Terrorism" metaphor--as flawed as it is--this corresponds to 
winning the war and winning the peace.

We need to do both.

Much has been written about the U.S. various antiterrorist 
legislations, both in terms of effectiveness and its effects on civil 
liberties.  ACLU has an excellent comparison chart of the different 
bills before Congress:

Commentary from CDT:

Commentary in the guise of parody:


Additional commentary on this situation and its security implications:



** *** ***** ******* *********** *************

                      SSSCA



A few days before the World Trade Center Attacks, Sen. Hollings' 
office released a draft bill that represents the next salvo in the 
digital copyright wars.  Called the SSSCA (Security Systems Standards 
and Certification Act), it makes it a crime to build or sell any kind 
of computer equipment that "does not include and utilize certified 
security technologies" approved by the U.S. government.

Before going into how ridiculous this requirement really is, let's 
talk about the situation that is leading the entertainment industry 
to these desperate measures.

Digital files can be copied.  Nothing anyone can say or do can change 
that.  If you have a bucket of bits, you can easily create an 
identical bucket of bits and give it to me.  You still have the bits, 
and now I have the bits too.  I have explained this in detail 
previously.

Software copy protection does not work.  It doesn't work to prevent 
software piracy.  It does not work to prevent copying of digital 
music, videos, etc.  I have also explained this previously.

Copy prevention is easier, but still not foolproof, if you can extend 
the prevention mechanism into the hardware.  If there is a software 
decoder that decrypts a digital movie when a user pays for it, he can 
always write a tool to extract the digital video stream after it has 
been decrypted.  But if the decryption happens in the speakers and 
monitor, this is a lot harder.  This general rule explains why it is 
easier to hack a software video player than a DVD machine.  It's 
always possible to capture the content from the output device -- 
re-record the audio from the speakers, for example -- but it won't be 
a perfect digital copy.

The SSSCA attempts to push copy prevention to the output devices.  It 
makes it illegal to sell computers without industry-approved copy 
prevention.  It actually makes free and open operating systems (like 
Linux) illegal if they refuse to implement copy protection.  It 
limits fair use, and basically puts the computer industry under the 
control of the entertainment industry.

It's insane.

I have long argued that the entertainment industry doesn't want 
people to have computers.  Computers give users too much capability, 
too much flexibility, too much freedom.  The entertainment industry 
wants users to sit back and consume things.  They are trying to turn 
a computer into an Internet Entertainment Platform, along the lines 
of a television or VCR.  This bill is a large step in that direction. 
The entertainment industry will use this bill to further erode fair 
use, free expression, and security research.

Those who think I am being alarmist only need to look at the effects 
of the DMCA.  The entertainment industry (and the software companies 
that supply it) has pushed that law as far as it can.  It used the 
law to threaten a computer-science professor in an effort to get a 
piece of research squelched.  It has used the law to arrest a foreign 
programmer visiting the United States.  It has used the law to 
prevent publication of a magazine article.  It has used the law to 
bully the computer industry and spread fear, uncertainty, and doubt 
among researchers and companies.  If you don't think they'll use this 
new law to change the way the computer industry operates, you're not 
paying attention to history.

One of the side-effects of September 11th is that Congress isn't 
worrying too much about anything else.  The SSSCA seems to have been 
shelved for now.  It's more important to be vigilant, though, as some 
might use the nation's distraction to sneak the bill through the 
legislature.


Previous Crypto-Gram writings on protecting digital copyright:



Future History from Discover magazine:


News about SSSCA:






Opinion pieces:





** *** ***** ******* *********** *************

                    Nimda



I considered not writing about this at all, because there's little 
real "news" here.  Nimda is another self-propagating worm, along the 
lines of Code Red.  It only infects computers running Windows and one 
of Outlook, Outlook Express, Internet Explorer, or IIS.  Nimda's 
spreading mechanism exploits several vulnerabilities; it combines the 
infection tricks of Code Red and SirCam, and incorporates some clever 
new ideas.  And it's the first worm that combines server and 
workstation attacks, making it very difficult to eradicate.

Cleaning it up was a big deal for many businesses, made worse by the 
general stress levels following the September 11th terrorist attacks. 
(Nimda was released exactly one week, almost to the minute, after the 
World Trade Center attacks.)

What I found interesting is that the most-often-suggested recovery 
mechanisms didn't always work.  Reinstalling the operating system 
doesn't always delete all files, and sometimes the worm can remain on 
the disk and come back to life.  To be really sure you've deleted 
Microsoft worms and viruses, you've got to reformat the disk before 
restoring from backup.  This problem shows up whenever a Windows box 
gets infected with anything, but is particularly acute with Nimda 
because it touches so many parts of the operating system.

Other than those tidbits, I didn't see much new in Nimda.  If there's 
any lesson here, it's that the people who write these things learn 
from their predecessors.  On the plus side, the security community 
learned too, and responded faster to the threat.  Even so, expect the 
next self-propagating worms to be even nastier.


Counterpane's security alert, with detailed clean-up instructions 
(three different options) and defenses:


News articles:






** *** ***** ******* *********** *************

             Crypto-Gram Reprints



Steganography: Truths and Fictions:


Memo to the Amateur Cipher Designer:


So, You Want to be a Cryptographer:


Key Length and Security:


Semantic Attacks:


NSA on Security:



** *** ***** ******* *********** *************

                  SANS Top 20



Fixing every computer vulnerability is impossible.  Even installing 
every available security patch is unreasonable to expect.  Realizing 
this, last year SANS issued their "Top 10" list of security 
vulnerabilities.  If you can't fix everything, they suggested, at 
least fix these.  Even if you plan on fixing everything, fix these 
first.

This is great stuff, and I am pleased that SANS recently updated 
their list.  It's now a "Top 20," divided among general 
vulnerabilities, Windows vulnerabilities, and UNIX vulnerabilities. 
I urge system administrators to use the list to prioritize their 
security activities.

I know this isn't easy.  Changing system configurations and 
validating software patches, especially in today's complex network 
and applications environments, is a risky and time-consuming process. 
This is one of the reasons why so many people who "know better" don't 
always update their system.  But even if you don't install all the 
patches you should, remember that real-time monitoring immediately 
improves your security substantially.  If Counterpane is monitoring 
you, we can notify you when attackers look for these problems.

SANS spells this out in vulnerability G6: "Non-existent or incomplete 
logging."  According to the SANS document: "New vulnerabilities are 
discovered every week, and there are very few ways to defend yourself 
against an attacker using a new vulnerability....  You cannot detect 
an attack if you do not know what is occurring on your network.  Logs 
provide the details of what is occurring, what systems are being 
attacked, and what systems have been compromised."

That's the point of Counterpane.  The SANS document says: "Without 
logs, you have little chance of discovering what the attackers did." 
Take the next step: if you monitor those logs in real time, 24 hours 
a day and seven days a week, you'll find out what the hacker IS 
DOING.  This is what Counterpane does, and why so many companies use 
us as an integral part of their security.

If you're already a Counterpane monitoring customer, you can 
immediately protect yourself from some of the SANS Top 20 
vulnerabilities by increasing the number of devices we monitor.  In 
addition to the firewalls, routers, and intrusion detection systems 
that you already monitor through Counterpane, consider adding 
authentication systems (RADIUS, TACACS, or SecurID servers; Windows 
domain controllers; etc.), enterprise backup servers, Windows domain 
controllers, and network monitoring servers to your monitoring 
infrastructure, by pointing their log data to the Counterpane Sentry. 
The more we monitor, the better job we do at catching intruders.  And 
there's no additional cost.

If you've deployed intrusion detection systems and antivirus code, be 
sure that your detection signatures are up-to-date and tuned to your 
environment.  If you've written custom signatures for your IDS, 
informing Counterpane about them will enable us to monitor them more 
effectively.

If you're not a Counterpane customer, you're on your own.  Do the best you can.


The SANS Top 20 List:


News articles:





** *** ***** ******* *********** *************

                     News



Echelon:


Companies fear cyberterrorism:


Another semantic attack.  The Yahoo News Web site was hacked, and a 
story changed.




Reasonably clever computer security program:


Home DSL users with bad security are getting booted off their ISPs:


Yet another CD-protection scheme doomed to failure:


Remember that Enigma machine stolen from Bletchley Park last year? 
They finally arrested someone, but there's still no word about the 
missing rotors.


New Zealand is considering DMCA-like legislation:


In the wake of the terrorist attacks, the NSA has closed its 
cryptography museum:


There's a survey that indicates that over 150,000 Microsoft IIS Web 
sites have been taken down, most likely as a result of Code Red or 
Nimda.

It's no wonder Gartner has advised people not to use Microsoft IIS, 
until it is completely rewritten, because of security problems:

The best quote is the following understatement: "...securely using 
Internet-exposed IIS Web servers has a high cost of ownership."

Probably in reaction to this, Microsoft says it has a new initiative 
to improve security.  Most of this sounds like the typical PR 
nonsense you'd expect from Microsoft: lots of talk and no action. 
But if they actually ship products with secure default installations, 
this is a big win.




Another opinion piece suggests that Microsoft Outlook should be banned.


Zero Knowledge is discontinuing their anonymity service.


Did anybody actually think Microsoft's Passport is secure?

Even after Microsoft fixes these specific problems, does anybody 
actually think it will be secure?

Macro-virus protection in the Microsoft Office product line (two parts):


A year-old article with related information: Understanding Macro Viruses


Some additional details have emerged in the Scarfo case.

For those who are not following, Scarfo is a suspected Mafia member 
who was using encrypted e-mail to protect his conversations.  The FBI 
bugged his computer to recover his private key and read his encrypted 
e-mail.  Citing all sorts of weird security reasons, the FBI tried to 
avoid presenting details about how their bugging worked during the 
court proceedings.  According to this new document, it seems likely 
that the FBI's keystroke logger is a piece of software (and not 
hardware).  And it looks like they thought about the Title III 
wiretap rules, and built this keystroke logger to not run afoul of 
them.

The U.S. has a new Office of Cyberspace Security, reporting to the 
head of the newly founded Office of Homeland Security on Monday. 
Richard Clarke, who has served as counterterrorism chief at the White 
House for more than a decade, is the head of this new cyberspace 
security office.  But since the Office of Homeland Security doesn't 
have any real power to do anything, I wonder how effective the Office 
of Cyberspace Security will really be.  Pity, as the U.S. could use 
some good cyberspace security.



** *** ***** ******* *********** *************

       Counterpane Internet Security News



Schneier is speaking at the following conferences:
Open Group Conference in Amsterdam on 10/22:

Red Herring NDA 2000 in Dana Point, CA on 10/29:

E-CFO Conference in San Francisco, CA on 10/30:

Red Herring's Portfolio Fairfax in Tyson's Corner, VA on 11/5:

ITEC in Kansas City, MO on 11/7:


Counterpane is hosting Schneier talks in the following cities: 
Houston, Dallas, Minneapolis, and St. Louis.  If you are interested 
in attending, please contact Patti Spelman at 
.

Gartner has written a report on Counterpane.  Normally these reports 
are confidential, and are only available by paid subscription.  But 
this one is published on the ZDNet Web site.


Another analyst.  "Forrester expects: A robust security business. 
Every organization will now start to take security more seriously. 
Companies like IBM, RSA Security, and Counterpane Internet Security 
will have more business than they can handle."


Interview with Bruce Schneier in PC World:


Article about Bruce Schneier's talk in London:


Carolyn Turbyfill, Counterpane's director of software, was 
interviewed by ecomSecurity.com:



** *** ***** ******* *********** *************

              Dangers of Port 80



In the months that the new self-propagating worms -- Code Red, Nimda, 
etc. -- have traveled the Net, they've wreaked havoc among users of 
Microsoft's Internet Information Server.  Aside from the damage that 
it brings, the Code Red genus highlights a much more pernicious 
problem: the vulnerability of embedded devices with IP addresses, 
particularly those with built-in Web servers.

The Code Red-style worms propagate by going through self-generated 
lists of IP addresses, and contacting each address's port 80 (the 
standard HTTP port). If a server answers, Code Red sends an HTTP 
request that forces a buffer overflow on unpatched IIS servers, 
compromising the entire computer.  Nimda tries multiple well-known 
avenues of attack, with similar results.

Aside from successfully infecting vulnerable servers, these worms 
inadvertently affect other devices that listen on port 80.  Cisco has 
admitted that some of its DSL routers are susceptible to 
denial-of-service attacks; when affected routers' embedded Web 
servers are contacted by one of these worms, the router goes down. 
HP print servers and 3Com LANmodems seem to be similarly affected; 
other network infrastructure hardware likely suffered, too.

HTTP has become the computer lingua franca of the Internet.  Since 
Web browsers are effectively ubiquitous, many hardware and software 
companies can't resist making their products' functions visible -- 
and often controllable -- from any Web browser.  Indeed, trends 
indicate that all future devices on the Net will be listening on port 
80.  This increasing reliance on network-accessible gadgetry will 
return to haunt us.  Other worms will cause more damage; Code Red is 
only a harbinger.

Sony cryptically announced in April that it would endow all future 
products with IP addresses; a technically implausible claim, but 
nonetheless a clear statement of intent.  Car vendors are 
experimenting with cars that can be wirelessly interrogated and 
controlled from a Web browser.  The possibilities for nearly 
untraceable shenanigans perpetrated by the script kiddie next door 
after working out your car's password are endless.  This problem 
won't be solved by encrypting the Web traffic between car and 
browser, either.

The rise of HTTP as a communications common denominator comes from 
ease of use, for programmer and customer alike.  All customers need 
is a Web browser and the device's IP address, and they're set. 
Creating a lightweight server is trivial for developers, especially 
since both in- and outbound HTTP data is text.  Even more attractive, 
HTTP traffic is usually allowed through firewalls and other network 
traffic barriers.  Numerous non-HTTP protocols are tunneled via HTTP 
in order to ease their passage.

HTTP isn't the miscreant.  The problem is created by the companies 
that embed network servers into products without making them 
sufficiently robust.  Bulletproof design and implementation of 
software -- especially network software -- in embedded devices is no 
longer an engineering luxury.  Customer expectation of reliability 
for turnkey gadgets is higher than that for PC-based systems.  The 
successful infiltration of the Code Red worms well after the alarm 
was sounded is proof that getting it right the first time has become 
imperative.

Given the ease of implementation and small code size of a lightweight 
Web server, it's particularly disturbing that such software isn't 
engineered with greater care.  Common errors that cause 
vulnerabilities -- buffer overflows, poor handling of unexpected 
types and amounts of data -- are well understood. Unfortunately, 
features still seem to be valued more highly among manufacturers than 
reliability.  Until that changes, Code Red and its ilk will continue 
to be serious problems.

Like sheep, companies and customers have been led along the path of 
least resistance by the duplicitous guide called convenience.  HTTP 
is easy: easy to implement, easy to use, and easy to co-opt.  With a 
little diligence and forethought, it is also easy to secure, as are 
other means of remote network access.  HTTP wasn't originally 
designed to be all things to all applications, but its simplicity has 
made it an understandable favorite.  But with this simplicity also 
comes the responsibility on the part of its implementers to make sure 
it's not abused.


This article was written with Stephan Somogyi, and appeared in a 
slightly different form in Inside Risks 135, Communications of the 
ACM, Vol. 44, No. 10.

And on ZDNet:


Code Red affected Cisco routers:


Sony to assign IP addresses to all products:



** *** ***** ******* *********** *************

            Comments from Readers



From: Edward W. Felten 
Subject: Accessibility of Airport Departure Gates

I generally agree with your observations about the apparent 
ineffectiveness of many of the new airport security measures.  But at 
least one of the new rules -- the one allowing only ticketed 
passengers into the gate area -- does have a plausible purpose.  The 
purpose is simply to reduce the number of people who pass through the 
security checkpoint, thereby allowing the inspectors to spend more 
time on each person passing through.

Of course, this rule could have the opposite effect, if the cost of 
checking whether each person has a ticket exceeds the savings due to 
the reduced number of people being inspected.  Which way the balance 
comes out depends on what fraction of the people who want to pass 
through the checkpoint have tickets.

This cost of checking tickets could reduced by using the honor 
system, simply asking nonticketed people to please stay outside the 
checkpoint; or by checking at random and imposing a penalty on people 
who try to enter without tickets.  The goal is not to keep any 
particular person out, but just to reduce the number of law-abiding 
people who pass through.

The United terminal at Newark has had this rule for several years. 
The system was fairly porous -- ticket-counter agents would give an 
unticketed person a "gate pass" if they were willing to wait in line 
and could give a plausible reason why they needed to go to the gate 
area.  The crowds of people waiting outside the checkpoint showed 
that there was indeed a reduction in the number of people passing 
through the checkpoint.

There is another, more iffy, rationale for the 
ticketed-passengers-only rule.  This one says that the goal is to 
reduce the density of people in the gate area.  This makes the gate 
area less attractive as a target, and increases the chance that 
unusual events in the gate area (e.g. unattended bags) will be 
noticed.  The drawback is that the rule increases the density of 
people elsewhere in the airport.  It's pretty hard to tell whether 
this is a net gain or a net loss.



From: John Sullivan 
Subject: Re: New Microsoft Root Certificate Program

You quoted Microsoft:
>  New Microsoft Root Certificate Program
>  [...] Any new roots accepted by Microsoft are available to Windows XP
>  clients through Windows Update. [...]
>  When a user [encounters an unknown root cert] certificate chain
>  verification software checks the appropriate Windows Update location and
>  downloads the necessary root certificate.

The point you raise is valid and important -- the first two points 
that stuck me however are: i) The new roots are made available over 
the Web rather than CD-ROM, and ii) the new roots are installed at 
the same time as they are used, rather than being pre-installed 
potentially quite some time before being used.

I installed most of my software from physical media, with a set of 
root certs pre-installed.  For updates, service packs, etc., even if 
these are downloaded over the Web they are signed by a chain which 
goes back to something on that pre-installed list.  It's far from 
foolproof and I have no knowledge of what goes on in this huge piece 
of closed software, but overall I have a certain degree of trust in 
it.

Now, it is still possible to forge CD-ROMs.  But I'm not *too* 
worried about that compared to the risk of hijacking a Web site. 
Someone could have already done so at the precise point I downloaded 
the service packs.  The difference is that I currently have a static 
signed archive which I could in theory compare against other people's 
downloads to make sure it's not changing over time.  Windows Update 
makes this less likely.

On the second point, if someone were to want to distribute some code, 
say, that needed to be signed by a root cert they had control of, if 
certs are expected to be pre-installed then they have to plan cert 
distribution well in advance of code distribution, and even then they 
can only hope for a percentage of machines to have the new cert by 
the time the code hits them.  This is both less effective for them, 
and more likely to generate alarming messages on their targets and 
expose them faster.  If certs are downloaded on demand, they can 
start code distribution at the same time as they hijack the cert 
distribution site.  Less effort, faster results, and less chance of 
the target machines' owners noticing.

It is possible that some insider could have sneaked bogus new root 
certs into a service pack or even the original software I have 
already installed.  I have no doubt that the Microsoft code signing 
and Windows Update sites are reasonably protected from direct 
internal abuse (someone walking up to the webmaster with a floppy and 
saying "Hey, can you just distribute this code to the Windows World 
for me"; won't happen.)  I doubt a committed internal attacker with 
check-in privileges would find it too hard to insert a new code 
section into an updated SHELL32.DLL to add their own root cert. 
Again, I don't think that's especially likely to happen though.  I 
think malicious outsiders are more likely, and I see Microsoft's 
changes as seriously weakening their protection against that.



From: Buck Hodges 
Subject: Liability and Software

You state in your Crypto-Gram article on Code Red:  "If software 
companies were held liable for systematic problems in its products, 
just like other industries (remember Firestone tires), we'd see a 
whole lot less of this kind of thing."  I disagree that existing 
product liability can be applied to software with respect to being 
liable for exploitable defects.  Firestone is held liable for tire 
defects that may result in injury in or death when the product is 
used correctly according to the instructions provided by Firestone. 
Is intentionally exploiting a software defect that would have no 
effect when software is used properly the same thing?  I don't 
believe that it is.

The concept of holding software companies responsible for viruses and 
worms being able to exploit systems is not analogous to typical 
product liabilities due to defects and failures.  Using the Firestone 
tire example you mention, Firestone is being held liable for a defect 
that has catastrophic results when the product is used properly 
according to the manufacturer's instructions.  Firestone is not being 
held liable for the results of owners or others intentionally trying 
to exploit a defect to cause a injury or death. Obviously if people 
took actions to exploit the defect, many more injuries and deaths 
would have resulted.

Furthermore, if authors of software were held liable for defects in 
software, free software could only be developed outside of this 
country.  You may intend only for rich companies like Microsoft to be 
held liable, but the liability would be applied to all software 
authors since large companies use free software, such as Apache and 
Linux, on their systems.  If Microsoft is negligent when they deliver 
software with at least one exploitable buffer overrun, is not Red Hat 
also negligent for delivering software (some that they developed and 
most that they did not) with the same exploit?  Are not the Apache 
developers also negligent for delivering software with the same 
exploit?  Even though the user may have downloaded and installed the 
software for free, the authors would still have liability. 
*Firestone would still be liable even if they had provided the tires 
and installation free of charge.*

Software defects can be exploited on scale far larger than defects in 
physical products.  Using the Firestone tire problems again, the 
defect or defects in those tires, possibly exacerbated by the Ford 
Explorer design, affected an extremely small number of owners 
relative to the total number of owners.  Were the Firestone tire 
defect like a software defect, most Ford Explorer owners with those 
tires would have been involved in some sort of wreck and injured or 
killed unless they replaced their tires immediately when the problem 
was announced.  Then Firestone would not be facing lawsuits from a 
relatively small number of owners but rather lawsuits by nearly every 
owner.  The software defect in Microsoft's IIS web server that is 
exploited by Code Red would never otherwise be noticed by IIS owners. 
In other words, unlike the Firestone tire defect, the software defect 
would not have caused any damage or harm to owners had someone not 
sought to find and exploit the defect.

Would software companies be able to remove themselves from liability 
by effectively saying, "This product is dangerous if not used 
properly according to the directions provided by this manual"?  That 
is the case with dangerous tools, such as lawn mowers, chainsaws, and 
automobiles.  The manuals for lawn mowers warn that placing hands or 
any other object under a running mower will result in injury or 
death.  Having said that in the manual and probably having printed 
again on the mowing deck, an owner cannot sue the manufacturer when 
the lawn mower does not automatically shut off prior to injury when 
placing a hand under a running lawn mower.  Also, the owner cannot 
sue the manufacturer if his neighbor forces the owner's hand under 
the running mower; that would be a crime committed by the neighbor. 
Would Microsoft or other software company similarly be removed from 
liability if the manual stated that the product is dangerous if not 
used properly?  Is intentionally overrunning a buffer, by either the 
owner or his Internet neighbor, a proper use of the software 
according to the manufacturer?

One more example is with regard to door locks.  Most people realize 
that nearly all locks can be picked.  Furthermore, information on how 
to do it is readily available on the Internet.  I don't, however, 
remember reading a warning about lock picking vulnerabilities in the 
printed material that came with the last door lock that I bought.  If 
someone picks a door lock and steals items from the house, should the 
manufacturer of the lock be held liable?  A vulnerability in the 
product was intentionally exploited in order to gain access to the 
house.  However, I don't believe that lock manufacturers are 
routinely sued for this defect.  Instead, we prosecute the criminal 
or criminals that committed the crime.

Lawyers would absolutely love having the ability to bring massive 
class action lawsuits against Microsoft, IBM, Adobe, Apple, and 
others (even Red Hat) to hold them liable for the damages caused by 
flaws exploited by worms, viruses, and other malicious code.  They 
would make a fortune, and we the consumers would be paying the legal 
bills through higher software prices.

Many of the defects (true defects -- not just operator ignorance) 
exploited by worms and viruses would not have any effect on the 
software product if the product were used properly.  The abuse of 
defects is what differentiates this from traditional product 
liability.  We should instead prosecute the criminals that 
intentionally cause mayhem and destruction.


** *** ***** ******* *********** *************


CRYPTO-GRAM is a free monthly newsletter providing summaries, 
analyses, insights, and commentaries on computer security and 
cryptography.  Back issues are available on 
.

To subscribe, visit  or 
send a blank message to crypto-gram-subscribe@chaparraltree.com.  To 
unsubscribe, visit .

Please feel free to forward CRYPTO-GRAM to colleagues and friends who 
will find it valuable.  Permission is granted to reprint CRYPTO-GRAM, 
as long as it is reprinted in its entirety.

CRYPTO-GRAM is written by Bruce Schneier.  Schneier is founder and 
CTO of Counterpane Internet Security Inc., the author of "Secrets and 
Lies" and "Applied Cryptography," and an inventor of the Blowfish, 
Twofish, and Yarrow algorithms.  He is a member of the Advisory Board 
of the Electronic Privacy Information Center (EPIC).  He is a 
frequent writer and lecturer on computer security and cryptography.

Counterpane Internet Security, Inc. is the world leader in Managed 
Security Monitoring.  Counterpane's expert security analysts protect 
networks for Fortune 1000 companies world-wide.



Copyright (c) 2001 by Counterpane Internet Security, Inc.

**************************************************************************
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From freematt@coil.com  Mon Oct 15 10:57:11 2001
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Date: Mon, 15 Oct 2001 13:26:38 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Comments On What's Wrong With Objectivism?
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

Date: Sun, 14 Oct 2001 21:49:56 -0700
To: freematt@coil.com
From: "Richard B. Boddie" 
Subject: Re: LIBERTYLOOP: What's Wrong With Objectivism?

[Note from Matt: Liberty-Loop is an Australian/New Zealand 
libertarian oriented mailing list.]

>From: "Gayle" 
>To: 
>Subject: Re: LIBERTYLOOP: What's Wrong With Objectivism?
>Date: Sun, 14 Oct 2001 22:54:38 -0400
>
>I think Binswanger and Peikoff were just echoing Rand's position
>on gun control:   In the taped "Raymond Newman Journal," Newman
>asks Rand about gun-control.  The dialogue follows:
>
>Newman: "You have stated that the government ought to be the
>exclusive agent for the use of force under Objective rules of law
>and justice and yet at the same time today we see an alarming
>rise in violent crimes in this country and more and more people
>applying for gun permits and wanting to protect themselves.  Do
>you see this as a dangerous time, number one and do you favor
>any form of gun control laws?
>
>Rand replied:  "I have given it no thought at all and off-hand I
>would say no the government shouldn't control guns except in
>very marginal forms, I don't think its very important because I
>don't think it is in physical terms that the decisions and the fate
>of this country will be determined.  If this country falls altogether,
>if the government collapses bankrupt, your having a handgun
>in your pocket isn't going to save your life.  What you would
>need is ideas and other people who share those those ideas
>and fighting towards a proper civilized government and not
>handguns for personal protection."
>
>Gayle Dean

###
From: "L. Neil Smith" 
Date: Mon, 15 Oct 2001 03:20:56 -0600
Reply-To: smith2004-discuss@yahoogroups.com
Subject: Re: [smith2004-discuss] What's Wrong With Objectivism?

     I used to have vehement arguments in the late 60s or early 70s with
an Orthodox Objectivist here in Fort Collins named Paul Vanderveen. He
maintained that since it had been decreed that government was to have a
monopoly on the use of force, gun control -- even outright confiscation
-- was "a legitimate police function". How that squared with the
Non-Aggression Principle (which Rand endorsed -- I know, because she was
the first source I heard of it from) he didn't explain.

     He went off to grad school or something in California and wrote for
cult publications for a while. I haven't heard anything about him for a
decade or more. I, of course, went on to spread my own version of the
freedom philosophy, in my own charming and inimitable way.

     Understand that my philosophical backbone was and remains as Randite
as his was (we met at one of those famous old Ayn's Greatest Hits
record-listening sessions), but I was a heretic from the beginning
because I had a sense of humor -- and used it. I also read Roy Childs'
"Open Letter to Ayn Rand" carefully and decided he was right that she
was wrong -- and completely self-contradictory -- about the very
existence of government.

     She was completely correct about a whole lot of other things, of
course, but she never did quite seem to get the knack of _living_. Oddly
enough, I understand and sympathize with that to some degree.

     I would suggest that we (whoever the hell "we" are) simply ignore
the tiny and insignificant groups of Orthodox (Peikoffian) and Reform
(Kelleyite) Randites, adhere to the NAP,  and get on with being what we
are.

     Aunt Alice used to call us "heepies of ze rrright".

N.
--
......................................................................
L. NEIL SMITH is the award-winning author of more than 20 novels about
individual liberty and the right to own and carry weapons.   Read more
than 80 articles and speeches:  buy _LEVER ACTION: ESSAYS ON LIBERTY_,
for $21.95+$6 S&H from 

Order _HOPE_ (with Aaron Zelman), get free stuff and a special offer:
click on: < or read about MAKING A MOVIE
of _The Mitzvah_ the action-adventure thriller by Aaron Zelman and L.
Neil Smith --  and maybe even help get it done! -- click on
<

PRE-ORDER L. Neil Smith's long-awaited _THE AMERICAN ZONE_ plus a new
_trade_ paperback edition of _The Probability Broach_ from Tor Books,
coming in November and December, 2001, respectively, by clicking on:



AUTOGRAPHED COPIES of _Lever Action_,  _Hope_,  _Forge of the Elders_,
_Henry Martyn_, _The Mitzvah_, and a few others are available from the
author. For details, write to him at .

###
From: RBE 
Reply-To: rbe@flash.net
Organization: Desert Silver
To: Matthew Gaylor 
Subject: Re: What's Wrong With Objectivism?
Date: Sun, 14 Oct 2001 19:53:49 -0500

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

On Sunday 14 October 2001 7:04 pm, Matthew Gaylor wrote:
>  [Note from Matthew Gaylor:  I'm not really asking what's wrong
>  with the philosophy founded by novelist Ayn Rand-  But I've
>  noticed for many years that many of the adherents of
>  Objectivism somehow manage to hold beliefs contrary to
>  freedom.  In the mid 80's I attended a talk given by Dr. Harry
>  Binswager, a leading Objectivist scholar, where I posed a
>  question on gun control to him during the Q&A:  His answer was
>  that he thought semi-automatic firearms should be banned as
>  nobody should have any use for such weapons.  Then shortly
>  after the Oklahoma City bombing Dr. Leonard Peikoff, perhaps
>  the leading disciple of Ayn Rand, mentioned that every militia
>  unit should be infiltrated from top to bottom by the FBI and
>  he voiced similar calls for gun control.  He also advocated
>  that Objectivists vote for Bill Clinton.  My friend's at the
>  time referred to him as Police State Peikoff.  Now we have The
>  Objectivist Center, founded by David Kelley, calling for a
>  national ID card.  I'm at a loss to determine what is the
>  moral philosophical basis for requiring US citizens to have a
>  national ID?]

Perhaps I'm a bit odd, but I have long believed that
Objectivism, as practiced by the followers of Ayn Rand, embody
that philosophy that she fled the Soviet Union to escape.

- --
Robert Black Eagle
Bus. Site: http://www.desertsilver.com
Protect your email with PGP or GNUPG
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###

From: "Brett Allen" 
To: "Matthew Gaylor" 
Subject: RE: What's Wrong With Objectivism?
Date: Sun, 14 Oct 2001 21:58:28 -0400

Matt -

In reference to Leonard Piekoff, he has appeared a couple of times on "The
O'Reilly Factor" lately arguing that we would be morally justified to use
Nuclear weapons on any country that harbors terrorists.  The point,
apparently, is that if you nuke everyone in the middle east there will be no
one left to attack Americans.  Also, he says our only concern should be
Americans; the number of foreign casualites is irrelevant.

Kind of scary, if you ask me.

###
From: WalkerBill@aol.com
Date: Sun, 14 Oct 2001 22:22:03 EDT
Subject: Re: What's Wrong With Objectivism?
To: freematt@coil.com

>  >  In the mid 80's I attended a
>talk given by Dr. Harry Binswager, a leading Objectivist scholar,
>where I posed a question on gun control to him during the Q&A:  His
>answer was that he thought semi-automatic firearms should be banned
>as nobody should have any use for such weapons.

  I remember Binswanger, probably from the same talk. I asked him 
about property rights in the asteroid belt and he said that he didn't 
know whether there should be private property off Earth. (Wasn't Galt 
rescued by Dagny et. al. with semiauto pistols?)

###

From: GkLtft@aol.com
Date: Mon, 15 Oct 2001 13:09:20 EDT
Subject: Re: What's Wrong With Objectivism?
To: freematt@coil.com

Dear Matt,

   No matter how reasonable an individuals philosophy of living
  may be, they will still succumb to emotionalism from time to time.

   For instance, Libertarians (many of whom - like me - consider
  themselves to be Objectivists) oppose the use of force for
  political ends, yet we may recognize the need to use force to
  append individuals who advocate the use of such force. In fact,
  a Libertarian government has the sole responsibility to use force
  against those who would use force for their own gain.

   In the face of the horrific events of Sept 11, 2001, it is not really
  very surprising to hear normally rational people speak out with
  emotion instead of reason. The key is will they give up their reason
  for emotion over time. Check back with the individual as time passes
  and see what they say then.

   I am somewhat encouraged to note it was not David Kelley who wrote
  words of encouragement to those who think an ID card is an effective
  way to stem any illegal activity. If such a card could, the wisest move
  would be to give them to criminals not the rest of us. Maybe a tattoo
  on the forehead. :)

   Perhaps some satire and silly ideas on the subject of ID cards will
  bring Robbins to his senses.

Liberty,
gail lightfoot
California Libertarian

###






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At 1:09 PM -0400 10/15/01, Gail Lightfoot  wrote:
>Dear Matt,
>
>   No matter how reasonable an individuals philosophy of living
>  may be, they will still succumb to emotionalism from time to time.

And succumb they do.

We now have these examples of alleged freedom advocates making the 
following non-freedom remarks.

1.) Reason Magazine Contributing Editor Cathy Young advocating 
banning encryption stating that: "Do I like the idea of people being 
able to encrypt electronic communications so that they are beyond 
surveillance? Frankly, I found it scary even before Sept. 11 - 
precisely because of the threat of terrorism. It is said that there 
are no atheists in foxholes; perhaps there are no true libertarians 
in times of terrorist attacks.  Even in the Declaration of 
Independence, the right to liberty is preceded by the right to life." 


2.) Ivan Eland , Director of Defense Policy Studies, 
Cato Institute writes in favor of victim disarmament "The ban against 
sharp metal objects (i.e., knives) aboard aircraft is a good one." 
See: 

3.) The Objectivist Center's James Robbins's support of a national 
ID-  Robbins' writes: "...however, the recent assault on America has 
had a significant clarifying effect. Since last Tuesday, some of my 
"go to the wall" libertarian views, such as opposing a national ID 
card, have seemed trivial. The potential for government abuse is 
present, but the need for providing security is actual. So long as 
there are adequate checks and balances, so long as the enabling 
legislation is circumscribed and directed, the measures currently 
being touted seem a reasonable cost." See: 


4.) Various Libertarian Party spokespersons notably in Ohio and 
Florida making statements such as:  " "We're normally very wary about 
anything that could mean more authority to the federal government and 
limited individual liberties," said Ralph Swanson, an administrator 
for the Florida Libertarian Party. "But I think you'll find, after 
all this, something has to be done to keep people safe." 
.  And Ohio's LP director stating that: "I personally have no 
problem with airlines preventing passengers to carry weapons..." And 
she went on to say "Airport searches aren't 4th amendment 
violations."  >.

5.)  The Libertarian Party of Virginia candidate for Governor William 
Redpath is publicly calling for the elimination of private gun sales 
as he wants all private gun sales routed via a government licensed 
dealer so a FBI background check can be done.  Currently in Virginia 
if you wanted to give or sell your neighbor a gun you can do so 
without governmental involvement. See 
.

I'd like to view the liberty goblet as half full rather than half 
empty but with freedom advocates like these who needs enemies?

Regards,  Matt-











At 1:09 PM -0400 10/15/01, GkLtft@aol.com wrote:
>From: GkLtft@aol.com
>Date: Mon, 15 Oct 2001 13:09:20 EDT
>Subject: Re: What's Wrong With Objectivism?
>To: freematt@coil.com
>
>Dear Matt,
>
>   No matter how reasonable an individuals philosophy of living
>  may be, they will still succumb to emotionalism from time to time.
>
>   For instance, Libertarians (many of whom - like me - consider
>  themselves to be Objectivists) oppose the use of force for
>  political ends, yet we may recognize the need to use force to
>  append individuals who advocate the use of such force. In fact,
>  a Libertarian government has the sole responsibility to use force
>  against those who would use force for their own gain.
>
>   In the face of the horrific events of Sept 11, 2001, it is not really
>  very surprising to hear normally rational people speak out with
>  emotion instead of reason. The key is will they give up their reason
>  for emotion over time. Check back with the individual as time passes
>  and see what they say then.
>
>   I am somewhat encouraged to note it was not David Kelley who wrote
>  words of encouragement to those who think an ID card is an effective
>  way to stem any illegal activity. If such a card could, the wisest move
>  would be to give them to criminals not the rest of us. Maybe a tattoo
>  on the forehead. :)
>
>   Perhaps some satire and silly ideas on the subject of ID cards will
>  bring Robbins to his senses.
>
>Liberty,
>gail lightfoot
>California Libertarian


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From: Matthew Gaylor 
Subject: THE VOICE OF 'REASON' LIVES IN SMALL OHIO TOWN
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THE VOICE OF 'REASON' LIVES IN SMALL OHIO TOWN

Monday, October 15, 2001
NEWS   01B

By Steve Stephens
The Columbus Dispatch Metro Columnist

The Oasis Cafe in downtown Xenia sits far from traditional power centers.

But it's halfway between Columbus and Nick Gillespie's home in Oxford 
in southwestern Ohio. So that's where I met Gillespie, editor of 
Reason, a politics-and-culture magazine that for the past 30 years 
has billed itself as the voice of "free minds and free markets.''

[...]

But Gillespie rejects the traditional left-right political spectrum. 
Contemporary politics has become "a struggle between the forces of 
choice and the forces of control,'' he said.

And Gillespie believes that choice and freedom are winning.

[...]


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 Reports
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[...]

NEWS CENSORSHIP: Six in 10 said the military -- not news 
organizations -- should exert more control over news of the war in 
Afghanistan. This is similar to the number who felt that way during 
the Persian Gulf War. Half felt U.S. news organizations should not 
show videotaped speeches by suspected terrorist leader Osama bin 
Laden, while four in 10 said they should show them.

[...]


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[Note from Matthew Gaylor: The crazed religious right has made the 
absurd claim for years that porn is the same as murder- Now Utah's 
Women For Decency is making the even more absurd claim that porn can 
be as destructive as Terrorism.   I might point out that Utah is 
fittingly known as the Beehive state- A description that captures 
both their collectivism and drone like busy body activities. Judging 
from the photograph of Utah's Porn Czar Paula Houston she has nothing 
to fear personally from the pornographers as she's rather 
unattractive both physically and ideologically.]




Women Uniting For War on Porn
Sunday, October 14, 2001
 
  Utah porn czar Paula Houston recently met with a Women For Decency 
chapter in Provo to discuss plans for a citizens' battle against 
pornography in the state. (Douglas C. Pizac/The Associated Press)


    If anyone thinks taking on saucy magazines and movies and 
suggestive lingerie ads in magazines should take a back seat to 
tackling terrorists, members of the fledgling organization cropping 
up across Utah suggest otherwise.

    "The parallels between [smut and terror] are uncanny," says Women 
For Decency Director Janalyn Holt. "Pornography destroys families. 
It's not a one-time shot like an airplane flying into the World Trade 
Center. But little by little, blow by blow, it can be just as 
destructive. We are getting bombarded on all sides."

[...]

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Date: Wed, 17 Oct 2001 00:48:20 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Reason Magazine And Foundation Support Encryption Rights
Cc: jsullum@aol.com, malissi@reason.com, davidn@reason.org,
        gillespie@reason.com, sstephens@dispatch.com
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I want to thank both Mike Alissi, (malissi@reason.com) Publisher of 
Reason Magazine and David Nott (davidn@reason.org) President, Reason 
Foundation who each sent me a copy of Jacob Sullum's October 16, 2001 
essay "Fear of Prying" . 
Which I then sent to the subscribers of Freematt's Alerts (10,000+) 
and to several other mailing lists yesterday.

Mr. Sullum writes: "Boston Globe columnist Cathy Young, a colleague 
of mine at Reason magazine, has confessed that "the idea of people 
being able to encrypt electronic communications so that they are 
beyond surveillance" has always seemed "scary" to her, "precisely 
because of the threat of terrorism." This is like saying that 
computers or telephones or airplanes or box cutters are scary. Any 
technology can be used for good or ill. The question is whether the 
potential for evil justifies restrictions on legitimate uses."

And Sullum ends with: "Misuse of official records is not exactly 
unheard of in this country, and the problem would be magnified if 
every unsavory regime that has enlisted in the war on terrorism were 
to be trusted with the keys to its citizens' e-mail. For the 
dissidents Phil Zimmermann is rightly proud of helping, the whole 
point of encryption is to guard against official surveillance."

I was somewhat surprised and disturbed that Reason would publish 
Cathy Young's original article that appeared first in the Boston 
Globe, September 19, 2001 and then on Reason Online 
.  I think Freematt's Alerts 
subscriber Charles Platt , the distinguished science 
fiction author and senior writer at WIRED Magazine had the best 
response when he wrote:

"Bad enough that a contributing editor to Reason should indulge in 
the cliche-ridden handwringing of a statist apologist; far worse that 
these less-than-cerebral platitudes should be disseminated via an 
establishment publication, where Ms. Young is liable to be seen as a 
libertarian emissary.

To Cathy Young: All systems entail risk. As has just been 
demonstrated, a government-run system for terrorism-prevention does 
not eliminate risk. It only eliminates the superficial appearance of 
risk. This is far more dangerous than an honest approach in which 
risk is recognized and individuals are encouraged to deal with it 
instead of running to their elected representatives and asking to be 
protected.

"A free society is not a suicide pact"? No, it's a matter of 
principle, and of courage. I really think you should reconsider your 
political affiliations.

--Charles Platt
Senior Writer, Wired magazine"

For better or worse Reason Magazine is viewed as a 
libertarian/freemarket publication. The magazine has in the last 
decade doubled it's circulation to over 60,000 which places it over 
conservative publications such as the Weekly Standard and nearly that 
of the liberal New Republic.  See Columbus Dispatch Metro Columnist 
Steve Stephens's   October 15, 2001 column 
"The Voice of 'Reason' Lives In Small Ohio Town" where he interviews 
Reason's editor Nick Gillespie  See: 


I'm optimistic that Reason won't lose it's way and veer away from 
their libertarian roots and I might add that Jacob Sullum's article 
is a step in the right and libertarian direction.

Regards,  Matt Gaylor-


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Subject: Afghan women fight oppression
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From: "Kathee Brewer" 
To: "Matthew Gaylor" 
Date: Wed, 17 Oct 2001 07:28:42 -0700


Matt:

I'm sure you and many other Freematt subscribers are well aware of what's
happening to women in Afghanistan. As a well-employed American woman who is
allowed to come and go as she pleases and to make decisions regarding her
living arrangements, marital status, style of dress, medical care and other
very personal aspects of her life by herself without the so-called
"help-for-her-own-good-and-that-of-her-people" provided by men, I of course
am concerned about the plight of those in Afghanistan who didn't have the
good fortune to be born with a Y chromosome. (Coincidentally, as it happens,
female children compose the majority of births in almost every society on
Earth.)

I found this article at USAToday.com to be both inspiring and sad, and I
thought your readers might enjoy it, as well, if they haven't seen it
already. (I'm a fairly new subscriber, so I don't know if you ever forward
links.)

Afghan women fight oppression:


Best,
Kathee Brewer
Technology Editor
AVN Online magazine/TCI
(a Webmaster trade publication)

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Subject: NYT: Court Says Individuals Have a Right to Firearms
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October 17, 2001

Court Says Individuals Have a Right to Firearms

By WILLIAM GLABERSON

In a case that had drawn intense national attention from supporters 
and opponents of gun control measures, a federal appeals court in New 
Orleans ruled yesterday that the Constitution guarantees individuals 
a right to have firearms.

But the court, in wading into one of the most contentious issues of 
constitutional law, disappointed pro-gun groups by declaring that the 
right was subject to some regulations, leaving open the door for gun 
control provisions.

Ever since an unusual pro-gun ruling from a Texas federal judge in 
1999, the case had become the central legal battleground over the 
Second Amendment guarantee of a right "to keep and bear arms," which 
has been a political rallying cry for the National Rifle Association 
and other groups. They say there is a constitutional right for 
individuals to bear arms, contrary to most court decisions, which 
have said the amendment gives only a collective right, such as for 
state militia units.

The ruling yesterday by the United States Court of Appeals for the 
Fifth Circuit involved the case of a Texas doctor charged with 
illegal gun possession. Although the court said there was a Second 
Amendment right, it sent the case back to federal court for the 
doctor to face trial.

In the decision released late yesterday, two judges of a three-judge 
panel wrote that "the Second Amendment does protect individual 
rights." But the majority opinion quickly added, "that does not mean 
that those rights may never be made subject to any limited, narrowly 
tailored specific exceptions."

Because there is now likely to be a trial in the case decided 
yesterday, several legal experts said it appeared unlikely that the 
Supreme Court would review the ruling. But the opinion, the first by 
a federal appeals court to declare that the Second Amendment gives 
individual citizens a right to firearms, is expected to be 
influential in a continuing legal battle over the issue in the courts.

"The Fifth Circuit split the baby in a rational way that will both 
please and displease both sides," said Laurence H. Tribe, the 
constitutional law expert at Harvard Law School.

The New Orleans court's ruling sets law only for federal courts in 
Louisiana, Mississippi and Texas.

Previous court rulings over many years have held or suggested that 
the right to arms that the drafters of the Constitution were 
referring to was the right of the citizens as a group to have 
firearms for militia units.

The earlier appeals court rulings, and a 1939 decision by the United 
States Supreme Court that suggested the "collective rights" 
interpretation, were influenced by historical and legal scholarship 
saying the framers of the Constitution were focusing on maintaining 
an armed militia.

But more recent scholarship, some of it sponsored by the National 
Rifle Association, has suggested that those earlier readings got 
history wrong. The newer research, cited by the court yesterday, 
argued that at the time the Second Amendment was written there was 
great interest in giving individuals access to firearms.

Some legal experts who argue that the Second Amendment provides an 
individual right to firearms said the ruling was one of the most 
important ever on the issue. Eugene Volokh, a law professor at the 
University of California at Los Angeles, said the opinion would lay 
the groundwork for many other decisions that will analyze when gun 
control is permitted and when it is not.

Professor Volokh said the ruling gave gun rights the first glimmer of 
protections like those granted in early free-speech cases to 
expression. "This is like what free speech rights were in 1930, when 
the Supreme Court first started to strike down speech restrictions," 
he said.

Kelly Whitley, a spokeswoman for the National Rifle Association, said 
the group had not yet reviewed the opinion and could not comment.

Ruchi Bhowmik, a lawyer at a group that advocates gun control, the 
Brady Center to Prevent Gun Violence, said the group was disappointed 
that the court "felt compelled to rely on discredited legal arguments 
to find an individual right."

The case involved charges against Dr. Timothy Joe Emerson, who was 
indicted for carrying a pistol even though he was under a court order 
in a divorce case not to threaten his wife. A statute makes it a 
federal crime to carry a gun while under such a protective order.

In 1999, a conservative federal judge in Lubbock, Tex., Sam R. 
Cummings, flatly declared that the charges against Dr. Emerson were 
in violation of his right to have firearms under the Second Amendment.

In the decision yesterday, the court said that although there was a 
constitutional right, it did not bar a law intended to protect 
someone from being threatened by a gun. It said the district court 
decision on was incorrect and sent the case back to federal court in 
Lubbock for a trial on the gun violation charge.

Several legal experts said yesterday that the Supreme Court would be 
unlikely to review the Second Amendment issue at least until that 
trial and that it might never agree to take up any appeal in the case.

The decision yesterday was written by Judge William L. Garwood, who 
was appointed by President Ronald Reagan, and was joined in by Harold 
R. DeMoss Jr., who was chosen by President George Bush in 1991.

Judge Robert M. Parker, a Clinton selection, wrote a concurring 
opinion agreeing that Dr. Emerson should be tried on the gun charges. 
But he sharply took issue with the majority for discussing the Second 
Amendment issue at all.

He cited legal rules discouraging what lawyers call dicta, 
observations by judges that are not necessary to reach their 
conclusions. Judges typically say such observations are not to be 
used as precedent.

Judge Parker said the majority opinion on the Second Amendment was 
nothing more than an advisory treatise on this long-running debate 
that "is therefore not binding on us or any other court."

Copyright 2001 The New York Times Company | Privacy Information

__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
---

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Date: Wed, 17 Oct 2001 09:24:23 -0700
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From: Bill Stewart 
Subject:  [NEWS] FBI To Require ISPs To Reconfigure E-mail Systems (fwd)


David Lesher  sent the following to CYBERIA-L@LISTSERV.AOL.COM
-------------------

National Journal's Technology Daily

PM Edition

October 16, 2001

HEADLINE: PRIVACY: FBI To Require ISPs To Reconfigure E-mail Systems

PHOENIX -- The FBI is in the process of finalizing technical
guidelines that would require all Internet service providers (ISPS) to
reconfigure their e-mail systems so they could be more easily
accessible to law enforcers. The move, to be completed over the next
two months, would cause ISPs to act as phone companies do to comply
with a 1994 digital-wiretapping law. "They are in the process of
developing a very detailed set of standards for how to make packet
data" available to the FBI, said Stewart Baker, an attorney at Steptoe
& Johnson who was formerly the chief counsel to the National Security
Agency (NSA).

The proposal is not a part of the anti-terrorism legislation currently
before Congress because the agency is expected to argue that the
Communications Assistance for Law Enforcement Act (CALEA) already
grants it the authority to impose the requirement, Baker said. He
added that some ISPs already meet the requirements.

Baker, who frequently represents Internet companies being asked to
conduct electronic surveillance for the FBI, made the revelation
Tuesday in a panel discussion at the Agenda 2002 conference here on
how the Sept. 11 terrorist attacks are likely to affect the technology
industry and civil liberties. He elaborated on the plan in an
interview.

Such a stance could result in considerable cost to many ISPs, and it
would constitute a reversal of previous government policy, which held
that ISPs are not subject to CALEA's requirements. But Baker also said
"it has been a long-term goal of the FBI and is not just a reaction to
Sept. 11."

Mitchell Kapor, chairman of the Open Source Application Foundation and
a founder of Lotus Development, also spoke on the panel. Kapor also
started the Electronic Frontier Foundation (EFF) and has been a vocal
advocate of Internet privacy. EFF played a significant role in the
CALEA debate, and divisions over whether to support that law led to a
split of the organization.

"Under the cover of people's outrage [over the terrorist attacks] and
desire for revenge, lots of things that have been defeated before have
been brought back in [to the anti-terrorism legislation] without a
demonstration that the lack of appropriate law is a problem," Kapor
said in an interview. But on the whole, Kapor and Baker shared more
common ground on the acceptability of new electronic surveillance than
they had in the past, with both expressing the view that now is a time
for calm reconsideration of positions rather than butting horns over
the details of how civil liberties would be curtailed by an
anti-terrorism bill.

"I find myself more in the middle than I used to because my identity
in life is not as a civil liberties advocate," Kapor said. "Part is
being an American and a world citizen." Baker said it was entirely
appropriate for the FBI to conduct far more surveillance.

"What has changed [since Sept. 11] is the view of the technology
community," Baker said. "I used to get calls like, 'How can I beat the
NSA?'" said Baker. "Now, people call and say, 'I have this great idea
that would help NSA,' or, 'I want to go volunteer and do outreach on
behalf of the FBI or NSA.' There is a real change of people's view
about who the bad guys are."

.


--
A host is a host from coast to coast.................wb8foz@nrk.com
& no one will talk to a host that's close........[v].(301) 56-LINUX
Unless the host (that isn't close).........................pob 1433
is busy, hung or dead....................................20915-1433

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[Note from Matthew Gaylor:  Considering that the show your papers 
routine had already been implemented complete with yellow Star of 
David armbands, I'm one civil libertarian who will never "come 
around".]



Posted at 10:53 p.m. PDT Tuesday, Oct. 16, 2001
ID card idea attracts high-level support
Top executives, lawmakers back national identification card proposal

BY ELISE ACKERMAN AND PAUL ROGERS
Mercury News

Silicon Valley software mogul Larry Ellison's proposal to create a 
national ID card has gained substantial ground -- and the interest of 
top Bush administration officials -- in a signal that the 
controversial idea may be closer to reality than ever.

In an interview with the Mercury News on Tuesday night, Ellison, the 
chairman and CEO of Oracle, said he met with U.S. Attorney General 
John Ashcroft and officials at the CIA and FBI in Washington, D.C., 
over the past week to discuss the idea. U.S. Sen. Dianne Feinstein, 
D-Calif., has endorsed it, other tech executives have jumped on board 
and even some prominent civil libertarians have said the idea is 
worth pursuing.

[...]

``You don't give up much,'' Dershowitz said. ``Civil libertarians 
will come around.''

[...]


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Subject: DOJ "background briefing" on Emerson gun case today
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Matt -. You didn't get this from me.  [Note from Matt Gaylor:  Get 
this from who?]


FOR PLANNING PURPOSES ONLY - NOT FOR RELEASE AG
WEDNESDAY, OCTOBER 17, 2001
(202) 616-2777
TDD (202) 514-1888
DEPARTMENT OF JUSTICE TO HOLD BACKGROUND BRIEFING

REGARDING THE EMERSON CASE WASHINGTON, D.C. - Department of Justice 
officials will hold a background briefing regarding yesterday's 5th 
Circuit decision in the Emerson case TODAY, Wednesday, October 17 at 
2:00 p.m.
WHAT:              Background briefing with DOJ officials
WHEN:TODAY, Wednesday,October17, 2:00pm

WHERE:Department of Justice
Public Affairs Conference Room
Room 1254
950 Pennsylvania Ave, NW
Washington, DC 20530 ### 01-539

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Ann Coulter
October 19, 2001

Mothers against box cutters speak out

Liberals are up to their old tricks again. Twenty years of treason 
hasn't slowed them down.

[...]

Lawyer Alan Dershowitz is promoting the adoption of a national ID 
card. Liberals are stalwart defenders of civil liberties -- provided 
we're only talking about criminals. Dershowitz has also offered to 
defend Osama bin Laden in court, saying it would be "an act of high 
patriotism." It's kind of too bad there isn't going to be a trial. 
Having Dershowitz defend him could be Osama's only shot at not being 
the least popular person in the courtroom.

[...]

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Date: Sun, 21 Oct 2001 11:51:31 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Salt Lake City Response to Pornography As Terrorism?
Cc: Sarah Thompson ,
        Michael00X1@webtv.net (Michael Greene)
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[Note from Matthew Gaylor:  Long time Freematt's Alerts reader Sarah 
Thompson is a Salt Lake City Psychiatrist 
.  See my response to Sarah below.]

Date: Fri, 19 Oct 2001 20:27:18 -0600
To: freematt@coil.com
From: Sarah Thompson 
Subject: Re: Pornography As Terrorism?

Matt,

Yes, Women for Decency is easy to ridicule when they make statements 
equating porn with terrorism.  But your generalization from the 
specific (a small group of women) to the general (collectivism and 
drone-like behavior) is unjustified - not to mention poor logic.

It's true that Utah's pornography and liquor laws are not very 
libertarian, and I guess for the more "libertine" libertarians it's 
not a very pleasant place.

But for those of us who are more concerned with protection of the 
rights to privacy, to keep and bear arms, freedom from psychiatric 
abuses, freedom from drugged water, forfeiture reform, parental 
rights, etc., Utah is one of the last bastions of liberty left in 
this country.   I honestly believe that if Utah ever falls to the 
forces of tyranny, it will signal the ultimate demise of freedom in 
the US.

There are a LOT of libertarians and objectivists here.  Most of them 
(including me) affiliate with the Republican Party, not the LP. in 
part because of the current problems with the national LP, and in 
part because drugs and sex simply don't sell to the public in Utah 
for religious reasons.  And Utah's political system lends itself to 
grassroots citizen involvement.

I note that you haven't launched any wholesale ridicule attacks on 
California or Maryland for their  dangerous and idiotic laws against 
self defense, or on Massachusetts or Pennsylvania for their state 
liquor laws, or on the majority of states that force people to take 
psychiatric drugs while living peacefully in their own homes.  You're 
not holding all of New York responsible for the Muslim center that is 
blaming "Jews"  for bombing the World Trade Center.  So why are you 
singling out Utah for such contempt?

Is this hypocrisy, or do you really believe it's more important to be 
able to watch "Debbie Does Dallas" than to defend yourself against 
government tyranny, civil unrest and common criminals?

I'm a Utahn by choice, and I love my adopted state.  It's a long way 
from utopia, but it's a LOT better than anyplace else I've lived. 
And I say that as a minority who's not a member of Utah's dominant 
religion/culture.

If you're looking to root out enemies of freedom, you don't need to 
worry much about Utah.  While our politicians stink, the ordinary 
people here are generally committed to a strict interpretation of the 
Constitution, individual responsibility, and self determination.

Finally, I thought that we were at least past the days when a woman's 
physical attractiveness was a subject for political and ideological 
discussions.  :-)

Best wishes,
Sarah

[Response from Matt Gaylor:  Hi Sarah-  In reference to your Porn 
"Czar" I did mean to be disrespectful, to her, not to Utah. 
Freematt's Alerts reader Michael Green who I think is from Provo 
pointed out that it had been reported in the media that Czar Paula 
Houston had never been married and is a virgin (See below).  Now I'm 
no Psychiatrist, but Ms. Houston's preoccupation with what adults 
read or watch seems, at least to me, unhealthy.  Sure, it was a cheap 
shot of me to point out her physical unattractiveness.  But I'm not 
encumbered to obey politically correct speech (Or thought).  But as a 
Psychiatrist, don't you find it odd or noteworthy that a dour 
unattractive virgin would end up as Utah's Porn Czar?  But you had 
asked me this question: "Do you really believe it's more important to 
be able to watch "Debbie Does Dallas" than to defend yourself against 
government tyranny, civil unrest and common criminals?"  I realize 
that your Jewish, but I want to point out what Ben Franklin, who sure 
wasn't a Mormon said ""Whoever would overthrow the liberty of a 
nation must begin by subduing the freeness of speech." So to be 
perfectly frank, or Franklin in this case, I'm going to fight like 
hell against prohibitionists who want to ban speech be it "Debbie 
Does Dallas", "The Pearl of Great Price", "The Talmud", or the 
"Bible" (which have been banned in various places and at various 
times and locales.]

At 7:08 AM -0600 10/17/01, Michael Greene wrote:
>From: Michael00X1@webtv.net (Michael Greene)
>Date: Wed, 17 Oct 2001 07:08:29 -0600 (MDT)
>To: freematt@coil.com (Matthew Gaylor)
>Subject: Re: Pornography As Terrorism?
>
>Matthew reported that "Utah's Women For Decency is making the even more
>absurd claim that porn can be as destructive as Terrorism." Well, the
>State Legislature must have thought there was a serious problem here in
>Utah in order to establish such an uptight office as "Porn Czar."
>
>It came out in the early days of her appointment that she has never been
>married and is still a virgin. In Utah, this evidently qualifies one to
>know and dictate what is acceptable for adults to view in the privacy of
>their own homes.
>
>Her only activity has been to attempt to shut down the three all nude
>girlie bars in town. Yet these are the only three bars within the entire
>Salt Lake County that don't allow the sales of alcohol or intoxicated
>patrons and have defined demarcations to the stage. One would think that
>anything that would keep idle men off the streets and sober would be a
>valid interest of the State.
>
>On the contrary, the State would rather have a room full of drunken men
>gawking at nude women with two little "pasties" covering their breast's
>areolas and "g strings" covering their bottoms. Busy Bodies is an apt
>description for the controlling political bodies here in Utah.



At 02:48 PM 10/16/2001, you wrote:
>[Note from Matthew Gaylor: The crazed religious right has made the 
>absurd claim for years that porn is the same as murder- Now Utah's 
>Women For Decency is making the even more absurd claim that porn can 
>be as destructive as Terrorism.   I might point out that Utah is 
>fittingly known as the Beehive state- A description that captures 
>both their collectivism and drone like busy body activities. Judging 
>from the photograph of Utah's Porn Czar Paula Houston she has 
>nothing to fear personally from the pornographers as she's rather 
>unattractive both physically and ideologically.]
>
>
>
>
>Women Uniting For War on Porn
>Sunday, October 14, 2001
>  Utah porn czar Paula Houston recently met with a Women For Decency 
>chapter in Provo to discuss plans for a citizens' battle against 
>pornography in the state. (Douglas C. Pizac/The Associated Press)
>
>
>    If anyone thinks taking on saucy magazines and movies and 
>suggestive lingerie ads in magazines should take a back seat to 
>tackling terrorists, members of the fledgling organization cropping 
>up across Utah suggest otherwise.
>
>    "The parallels between [smut and terror] are uncanny," says Women 
>For Decency Director Janalyn Holt. "Pornography destroys families. 
>It's not a one-time shot like an airplane flying into the World 
>Trade Center. But little by little, blow by blow, it can be just as 
>destructive. We are getting bombarded on all sides."
>
>[...]


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[Note from Matthew Gaylor:  Let's hope this doesn't turn out like the 
failed War on Drugs.]



CIA Told to Do 'Whatever Necessary' to Kill Bin Laden

Agency and Military Collaborating at 'Unprecedented' Level; Cheney 
Says War Against Terror 'May Never End'

Bob Woodward

Washington Post Staff Writer

Sunday, October 21, 2001; Page A01

President Bush last month signed an intelligence order directing the 
CIA to undertake its most sweeping and lethal covert action since the 
founding of the agency in 1947, explicitly calling for the 
destruction of Osama bin Laden and his worldwide al Qaeda network, 
according to senior government officials.

[...]

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Date: Sun, 21 Oct 2001 12:08:37 -0400
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From: Matthew Gaylor 
Subject: [Cipro] Drug patent - *triple* standards?
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Date: Sun, 21 Oct 2001 06:31:22 +0300
From: Mikhail Ramendik 
Reply-To: Mikhail Ramendik 
To: freematt@coil.com
Subject: Drug patent - *triple* standards?

Hello Matt,

This message is intended for the List. Hello to all readers; I am
writing from Moscow, Russia.

I read in the news that the U.S. wants to relax patent law to allow
import of the medicine Ciprofloxacin, patented by Bayer, from sources
which do not have a license from Bayer.

The BBC report is at:



It says that "Allowing drug patents to be relaxed or ignored in other
countries is something that the US has been fiercely opposed to. Many
developing countries, which want to obtain cheaper generic drugs for
the treatment of killer diseases such as Aids, have faced the threat
of trade sanctions and US-backed litigation."

This, in itself, would constitute a double standard. But there's more
to the story!

It turns out that I am right now taking this same medicine,
Ciprofloxacin, made in India under the trade name Cifran. Thank God,
no anthrax in this case, just a respiratory infection. The medicine is
available in many pharmacies in Moscow.

So, Russia did obtain this 'cheaper generic drug' from India. And the
US is, and was, silent. No problems! So, the US can do what some
countries can't but some others, which the US does not want to
pressure, again can...

Triple standard anybody?

-- 
Best regards,
  Mikhail                          mailto:mikhram@dataforce.net

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Date: Sun, 21 Oct 2001 12:20:34 -0400
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From: Matthew Gaylor 
Subject: Jim Warren On Assuring "Anti-Terrorist" Powers Are LIMITED To
 Policing Terrorists
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Date: Sat, 20 Oct 2001 13:46:46 -0700
To: jwarren@well.com
From: Jim Warren 
Subject: assuring "anti-terrorist" powers are LIMITED to policing terrorists

>http://www.aclu.org/congress/l101901a.html
>...
>    The House and Senate anti-terrorism bills (H.R. 2975 and S. 1510)
>    contain a "delayed notice" provision, section 213, that would greatly
>    expand the government's authority to conduct covert searches. This
>    means that law enforcement agencies can enter a person's home or
>    office, search through the person's possessions, in some cases seize
>    physical objects or electronic information ...

This and many of the other expanded police-state powers in the 
various so-called "USA" and "anti-terrorist"and "Patriot" bills 
before Congress, use "terrorism" as the pretext for these broad 
attacks on what's left of our constitutional civil liberties.

Okay -- if "terrorism" is really the ONLY purpose of such greatly 
expanded police powers and surveillance facilities -- then include in 
the legislation, *massive* criminal penalties for any agent of the 
government who uses *any* of those expanded powers or facilities for 
ANY purpose OTHER than investigating and prosecuting clearly-defined 
"terrorist" activities!

That way, perhaps those in positions of great power who are tempted 
to use these new powers for personal gain, will think twice before 
pursuing self-serving ventures such occurred in the Nixon/Watergate 
administration, the IRS during its guilty-until-proven-innocent 
heyday, and the endless snooping by J. Edgar Hoover, which assured 
his tenure-for-life and muzzled all FBI critics while his 
snoop'n'peep files existed.

And, a crucial part of this legislation -- no matter how it finally 
ends up -- MUST be *clear* and UNambiguous definitions of the 
"terrorists" and "terrorist activities" for which the 
massively-expanded powers are supposedly intended.  At least, 
initially.

For instance, will they apply to investigating and punishing those 
"terrorists" who assassinate physicians who perform abortions? 
Bombers of Planned Parenthood clinics, and all of their supporting 
"terrorist" organizations?  Local teen-age drug dealers (who have 
sometimes been charged under the RICO Act)?  Computer geeks who (as 
the RIAA requested) "terrorize" the recording-industry by cracking 
their anti-piracy techniques?  Cellphone users who are automatically 
tracked on freeways, and discovered to be "terrorist" speeders? 
Capitalists who "terrorize" tax-collectors with "inventive" offshore 
banking practices?

If we're going to give up our civil liberties in the name of 
protecting us against "international terrorists," then let's make 
DAMN sure that is the ONLY kind of violations to which these awesome 
police and spy powers are applied.

And let's make damn sure that ANYone who ABUSES those powers is 
criminally prosecuted and suffers massive penalties -- including the 
right of citizens to bring suit if [when!] the "Justice" Department 
declines to prosecute any of its own (as in RICO).

--jim
Jim Warren; jwarren@well.com, technology & public policy columnist & advocate
345 Swett Rd, Woodside CA 94062; voice/650-851-7075; fax/off due to spam-glut

[self-inflating puffery: Playboy Foundation Hugh Hefner First-Amendment Award;
Soc.of Prof.Journalists-Nor.Calif. James Madison Freedom-of-Information Award;
founded InfoWorld, Dr.Dobb's Journal, and Computers, Freedom & Privacy Confs.;
Electronic Frontier Foundation's Pioneer Award (in its first year), blah blah]


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Date: Wed, 17 Oct 2001 03:14:45 -0500 (CDT)
From: InfoSec News 
To: isn@attrition.org
Subject: [ISN] U.S. on verge of 'electronic martial law' -- researcher



By Kevin Featherly
Newsbytes.
October 16, 2001

With anti-terrorism legislation nearing passage that expands the power
of wiretaps to all forms of telecommunications, the U.S. appears to be
just steps away from electronic martial law.

That, at least, is the view of Heidi Brush of the University of
Illinois At Champaign-Urbana, who presented a paper on "electronic
jihad" Saturday in Minneapolis, during Internet Research 2.0, the
second annual conference of the Association of Internet Researchers.

"Just as civil liberties are taken and given away in the name of
national security, and as fighter jets fly over major metropolitan
areas, one begins to wonder," Brush said. "In a time of permanent war,
can cyberspace also become subject to martial law?

"Once the Internet is defined as a potential battleground, or as a
haven for suspected terrorists, will the U.S. insist on a loss of
privacy online in the name of national security?" Brush asked. "Does
Operation Noble Eagle enable the inauguration of an era of electronic
martial law?"

Fielding questions from the audience after her presentation, Brush
answered her own question. "I think so," she said. "I definitely think
there's more of a security focus. ... The Internet has always had
elements of the military, but now I think it's become quite express."

Brush, a doctoral candidate at UICU's Institute of Communications
Research, said that with the widespread success of the Internet, the
world has reached a stage in which "war knows no boundaries." Stable
nations now face the prospect of no longer dealing with enemy nations,
but mere enemy "cells." These, Brush said, can "take up residence,
achieve opaque agendas, mutate and move on as nomads, traveling
without leaving a trace."

The current fight by the U.S. against terrorists in Afghanistan points
directly to the problem, Brush said. While the administration refers
to the Al Queda network as "the base," in fact the network exists in
many nations and depends on no traditional hierarchy of command. In
other words, like the Internet itself, it has no base.

"Their trails weave through mountain caves and tunnels, and through
... virtual financial data in an ever-morphing market," Brush said.
She pointed out that accused terrorist mastermind Osama bin Laden and
Al Queda gained brief notoriety prior to the Sept. 11 attacks on the
U.S. Last spring, word emerged that Al Queda might be relying on a
quasi-encryption technology called "steganography," which is more akin
to hiding "Easter eggs" on a Web page than genuine encryption. It was
at that point, Brush said, that she proposed an Internet Research 2.0
panel on the subject.

But the notion of a cyber-conflict is not new, Brush said.

In 1993, writers John Arquilla and David Ronfeldt published "Cyberwar
Is Coming!" for the RAND policy think tank. In the article, sometimes
cited as a key reference point for the U.S. response to
cyber-terrorism, the authors described what they called "Net war."
They compared it to a chess game in which one opponent sees the whole
board, while the other see only his own pieces. The blinded opponent
will always lose, the authors said, even if given additional and more
powerful pieces in the first place.

"Net war refers to information-related conflict at a grand level
between nations or societies," that article states. "It means trying
to disrupt or damage what a target population knows or thinks it knows
about itself and the world around it. ... It may involve diplomacy,
propaganda and psychological campaigns, political and cultural
subversion, deception of or interference with local media,
infiltration of computer networks and databases, and efforts to
promote dissident or opposition movements across computer networks."

One of the most successful "Net war" struggles has been essentially
nonviolent, Brush said. It involves the Zapatista movement in the
Chiapas section of Mexico, a grassroots effort to secure work and to
educate the region's indigenous people, while establishing more
participatory democracy in the region.

"Radical political organizations such as the Zapatistas have already
effectively demonstrated what small, non-hierarchical webs and cells
can accomplish with only a laptop and an Internet connection," she
said. "Of course, the Zapatistas wage a non-violent guerilla
insurrection in the spirit of electronic civil disobedience."

With the ascent of bin Laden and other violent, well-networked
terrorist cells, the prospects of Net war become decidedly violent,
Brush said.

This was anticipated, too, in 1998, when the Center for Strategic and
International Studies released a report entitled "Cybercrime,
Cyberterrorism, Cyber-warfare: Alerting An Electronic Waterloo," Brush
noted.

"The report is peppered with hyperbole, littered with sensationalism
and frequently invokes the names Osama bin Laden and Saddam Hussein as
possible Net war enemies, or at least models for potential
cyber-terrorist groups," she said.

However, that paper also declares: "America's most wanted
trans-national terrorist, Osama bin Laden, uses laptops with satellite
uplinks and heavily encrypted messages to (communicate) across
national borders with his global underground network."

There are those, of course, who encourage such things. For instance,
the Critical Art Ensemble, an anarchist group, has proved influential,
particularly over the Zapatista movement, Brush said. In its work,
"The Electronic Disturbance," the Critical Art Ensemble paints a
picture of cyber-resistance that looks a lot like the descriptions of
bin Laden's alleged network. In that work, the ensemble says,
"Technology is the foundation for the nomadic elite's ability to
maintain absence, acquire speed, and consolidate power in global
systems."

Added Brush: "The (Critical Art Ensemble) argues that capitol and
power now flow through cyberspace, therefore resistance must become
electronic resistance."

Brush's presentation gave no suggestions for countering Net war. It
was, however, peppered with light criticisms of the Bush
administration's approach to the task of fighting on the electronic
stage. The online jihad already has already resulted in an
"intensification of the security state," rather than a strategic or
conceptual reorganization of communications security, she said. And
she said Bush's remarks that the terrorists are "in hiding" and that
the U.S. will "smoke them out" were "rustic," because they imply that
the enemy has a fixed location when it is at best a moving target.

"The holes that Bush will smoke out are not the exoticized desert
caves that Bush will pummel in 24-hour air assaults," she said.
"Instead, the holes that Bush will smoke out may be such breaches of
security as free encryption devices, or private telephone calls."

Brush's paper, "Electronic Jihad: Middle East Cyberwar and the
Politics of Encryption," which is as yet unpublished, does not reach
any conclusions about what should be done about the bin Ladens of the
world. But there were strong indications in Brush's conclusion that
she thinks the U.S. would be wrong to go too far in eliminating online
civil liberties in its efforts to rid the world of terrorism.

"Against the unfixed and even viral movements of Al Queda, the U.S.
and its numerous three-letter agencies seek to locate an enemy without
coordinates, and to fix in its targets messages that cannot be seen,"
she said. "The messages could be anywhere -- on your Web site and in
my inbox. Is there nowhere left to hide?"

The full text of Arquilla and Rondfelt's Rand white paper, "Cyberwar
Is Coming!" can be read online at: 


More information on the Association of Internet Researchers can be
found at: 

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Subject: Brown on Klein and Robbins and National ID
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To: freematt@coil.com
Date: Fri, 19 Oct 2001 14:11:23 -0400
Subject: Brown on Klein and Robbins and national ID
From: David M Brown 

Matt,

I thought you might want to run my rebuttal to an article Shawn Klein 
posted recently, in response to my criticism of James Robbins's 
quasi-endorsement of a national ID card in a recent article. 
Robbins's article was published in The Objectivist Center's flagship 
publication, Navigator. You distributed the original post in which I 
criticized Robbins and TOC for this unholy abomination. Klein's 
remarks are quoted below, followed by my own.

BTW, you asked "What is Wrong With Objectivism?" I'd say a better 
question is, "What's Wrong With Erstwhile Alleged Advocates of 
Freedom?" You yourself have shown in a recent post that the 
I'll-give-up-all-my-rights-and-how-fast-do-you-want-me-to-do-it 
syndrome is hardly restricted to those influenced by a particular 
author, or even those of a particular ideological camp. Still, thanks 
to L.Neil Smith for letting us know that although Ayn Rand was 
correct on many matters, she was not correct on all, and that we 
should all just be who we are....

* * *

Klein's article was posted by the 
Objectivism@wetheliving.com 
discussion group, which has no connection to TOC.

Klein says that "The Objectivist Center is not calling for a national 
ID card, or any other specific policy positions. That is not what the 
Center does, it is not a policy institute. The issue of a national ID 
card is a technical matter for political science and/or law [sic]. 
Philosophy can only give the standards and principles by which such a 
measure must be judged. For example: Is it effective at creating 
security? Does it violate individual rights?

"In his commentary, James S. Robbins, a contributing writer to the 
Center's monthly magazine wrote--and I am paraphrasing--that he could 
see supporting a national ID measure if certain conditions and 
protections where met and if such a measure would be useful in 
providing increased security.

"This is hardly advocacy of a national ID card. It is a hypothetical 
consideration about a particular measure. And even if it were 
advocacy, the viewpoints of the writer's are just that, the 
viewpoints of _the writer's_. In fact, Mr. Robbins begins the 
sentence with the following phrase 'Speaking for myself...'

"The principles that Mr. Robbins appeals to are in agreement with 
Objectivism [sic] and the ideas he expresses are of interest and 
importance to Objectivists. That is what is required for the Center 
to publish him, whether are not all his claims are ultimately correct 
is a question for the reader to decide.

"The Objectivist Center does not require that its writers be in 
complete agreement with the entire corpus of Objectivist thinking and 
all the concrete positions Objectivists take: just the fundamental 
and broad principles. There is no party line; though one needs to be 
writing within Objectivism, he does not need to be wholly in 
agreement with it. Rational individuals can disagree honestly.

"I invite the members of the list to read Mr. Robbins' article as well as
the other articles written by Center staff, in particular the Center's
Position Statement at:
http://w 
ww.objectivistcenter.org/pubs/position_statement.asp

"Mr. Robbins' article:
htt 
p://www.objectivistcenter.org/pubs/jr_what_will_happen_now.asp

"The kind of inflammatory language that Mr. Brown uses to 
misrepresent TOC is something I would have not expected to make it 
through the rubric.  Clearly, TOC is not advocating fascism -- even 
if it were advocating national ID cards, that is not quite sufficient 
for fascism -- and Mr. Brown's ad hominem attack was unnecessary. Mr. 
Brown, or anyone, could have stated any of his disagreements with the 
claims Mr. Robbins made in his commentary without the insulting and 
confrontational language.

"Regards,
"Shawn Klein
"Note: The views expressed here are my own, and not necessarily anyone
else's at The Objectivist Center."

Following is my reply. --DMB <dmb1000@juno.com>

BROWN ON KLEIN ON ROBBINS AND THE
OBJECTIVIST CENTER AND THE PROPOSED
GROOVY NEW NATIONAL ID CARD

FOR IMMEDIATE RELEASE

(October 17, 2001) RE Objectivist Center webmaster Shawn Klein's 
misguided response to my "misguided" protest of James S. Robbins's 
and TOC's apparent advocacy of national ID cards:

Sure, The Objectivist Center does not have to agree with every word 
of an author's article in the Navigator in order to publish it. 
Thankfully, TOC is not like the neurotic Ayn Rand Institute, which 
outlaws all dissent and controversy.

But I wonder if TOC would think it is okay for Navigator to publish 
articles advocating economic steps on the road to socialism, "so long 
as" its own official views were allegedly explicitly different.

What's appropriate to publish in an organizational organ depends in 
large part on whether that publication is an avowed "open forum." 
Navigator clearly is not intended to be an open forum, except perhaps 
in letters to the editor. It does embrace discussion and dissent, but 
obviously within certain confines. Navigator wouldn't publish an 
article advocating nihilism, subjectivism, or serfdom (well, only 
_steps_ on the _road_ to serfdom, apparently). It wants its articles 
to be informed by a certain Enlightenment perspective.

The other problem with Klein's comments is his differentiation 
between Robbins's article and TOC's position statement. The problem 
here is that one of the points on the Position Statement is very 
ambiguous and door-opening with respect precisely to the sort of 
position that Robbins takes. To wit:

"Measures that limit [rights to liberty, property, and privacy] are 
justified only if they are objectively required for security and are 
tailored to minimize restrictions on other rights."

This is not a statement that rights are a contextual matter. This is 
a statement, presumably carefully considered and mused and mulled 
over, that actual contextually justifiable rights can be forfeited or 
trimmed if the "security threat" calls for it. There is not even a 
stipulation that a very temporary emergency must be involved, as when 
grabbing an oar that belongs to somebody else so you can save 
somebody from drowning. So even if certain TOC principals don't agree 
with Robbins, they might well have to regard his proposal as "open 
for consideration" or as an "incredibly technical matter that can 
only be resolved by appropriately trained experts such as bureaucrats 
and brain surgeons."

TOC is in a bind here. Obviously, any actually implemented national 
ID card will not be withdrawn after the "end" of the "emergency." (If 
you believe it will be, you also believe that income tax withholding 
was dropped after World War Two. And I've got a bridge to sell you.) 
On the other hand, if TOC believes that Robbins's call does violate 
its own stated principles of when and how to slice and dice my 
individual rights, how did his explicit endorsement of this new step 
on the road to total tyranny make its way into their flagship 
publication?

* * *
I have been chastised for using the word "fascism." I agree that 
nobody in this country, including Robbins and his apologists, is at 
present advocating the equivalent of the Soviet Union or Nazi Germany 
in one fell swoop. Robbins is merely adding his own voice to the 
many, many other voices who are merely and trivially proposing that 
my freedom be restricted, curtailed, squeezed and shrunk a little 
more and a little more and a little more every single day -- despite 
the fact that _I_ don't pose a "security threat" to anybody, and 
never have (unless bitching about hazards to my political health 
constitutes a security threat).

So I suppose, in order to be clear to Klein and other readers, I 
should have said, instead of "Bring on the fascism," "Bring on the 
fascism in incremental precedent-setting bits and pieces until the 
day when I can't do a goddamn thing without the permission and 
handholding of Papa State, at which point, of course, even you will 
object, thanks a heap." That would have been more precise.

And I will state for the record that I do not regard Robbins as 
vicious. He is merely craven and obtuse, and I will be happy to sign 
an affidavit to that effect.

But now that the glaring and obvious deficiencies in his position 
have been pointed out, where's the retraction and apology from 
Robbins? And where's the official apology from The Objectivist 
Center? If Klein cares about his rights, he should be _thanking_ me 
from the bottom of his heart and even sending me money for my post, 
not chastising me. He should be sending me a check for a hundred 
dollars, at minimum, in compensation for my labors. (I prefer via 
PayPal.)

It is bootless for Klein to point out that Robbins stipulates that 
"appropriate safeguards, delimitations, and Christmas gift wrapping" 
must be in place before the national ID card is instituted. I already 
_have_ -- or am supposed to have -- the applicable safeguards. 
They're called the Constitution and my individual rights to life, 
liberty, and the pursuit of happiness. The national ID would 
_constitute_ a further violation and curtailing of my liberties. 
Okay? (And that's another ten bucks you owe me.)

Further, in addition to its _per se_ violation of my rights, this new 
mandatory paper-carrying requirement would give all the bureaucrats 
and cops yet another weapon against me. Or do James Robbins and Shawn 
Klein and David Kelley believe that Robbins's yet-to-be-spelled-out 
"safeguards" are really going to keep all those people in line? (Like 
the way they all scrupulously adhere to the Bill of Rights, I 
guess.)  

Klein says the national ID is a "technical matter" that must be left 
to the experts. No, it is not a "technical matter." It's a personal 
matter. This isn't brain surgery, Mr. Klein. The national ID, with 
its thumbprint and social security number and microchip and 
amber-encased slice of DNA and hologram image of my groin, would only 
make it easier to monitor and control me even in areas where nobody 
has any right whatever to monitor and control me. That is obvious. 
Perhaps Klein is comfortable leaving the disposition of his own 
personal freedom to "the experts" and forfeiting the responsibility 
of a free man. I refuse to abdicate that responsibility.

Like expert Cathy Young, expert James Robbins seems to regard the 
sheer fact of his trepidation and trauma under the current 
circumstances as a sufficient logical warrant for the rest of us. 
Expert Robbins gives no explanation whatever in his article of how a 
national ID card might help security nor how it might have hurt 
security. The mere pronouncement of his opinion is supposed to sway 
those of us who _do_ care about the particular exercises of freedom 
to which he is indifferent.

Yet the legal enactment of Robbins's un-argued-for opinion would, on 
the sheer face of it, dramatically expedite the systematic violation 
of our rights, regardless of any pro forma safeguards. Why isn't 
concern for this obvious prospect to be acknowledged and proved 
illegitimate, if the progressive destruction of what little is left 
of my capacity to keep my private affairs private, would indeed save 
us forever from all terrorism, all germ and nuclear sneak attacks and 
box-cutters?

I'll tell you why. Because history and common sense cannot be 
deployed here in favor of Robbins's assertion. How can Robbins argue, 
"Well, if a terrorist has to get a national ID card, he then won't 
then commit a terrorist act"? He can't. Robbins has no arguments, 
just feelings.

I have feelings too. I feel that if I have to present identification 
papers wherever I go, that hurts _my_ security. It would make me 
_feel_ like I am a serf in a police state. My particular feelings 
don't trump Robbins's feelings. But the reason I would feel like that 
is because that's what the situation would nigh be. The fact that 
others might not feel the same way is irrelevant. A great many of the 
denizens of Patrick McGoohan's Village feel right at home. So what? 

This is probably a 17-step road. We're at step 6 or 7, say -- 
certainly very far from a Nazi-like police state. But we used to be 
at 2 or 3. Robbins says, oh, we should jump to about 9 or 10 if it 
helps our security.

But, don't worry, adds Robbins, the ratcheting can stop there, just 
so long as we install appropriate safeguards and delimitations; and 
at least we won't be annihilated by terrorists. Klein says I forgot 
to mention the fact that Robbins said there should be safeguards. 
Robbins and Klein and Kelley can assure us until doomsday that it 
won't ever come to anyone being arrested or held for questioning if 
he happens not to have his ID card with him when he shops for 
groceries. They may well be right. But why is the act of bringing us 
closer and ever close to that day a _good_ thing? Why is a _good_ 
thing for a leading organization promoting reason, justice, freedom, 
and individual rights to advocate (or publish an article advocating) 
a measure that only brings us closer to that day? Why? Why? Why?

(Needless to say, Robbins and Klein and Kelley, like the rest of us, 
haven't had time to read the fat anti-terrorism bills that must now 
be reconciled in Congress. So there lies another puzzlement. What 
makes them so sanguine about the prospect for even those minimal and 
pro forma "safeguards" that even _they_ might concede are advisable? 
And the reporting so far on these bills hasn't exactly been 
auspicious.)

I support the war on terrorism. We were attacked, we should respond, 
and we should stamp out the enemy. And take appropriate security 
measures here at home. But I do not support any war against myself.

* * *

People of America, I say unto you, there is no legitimate "security" 
reason, even, why I should be forced now to have a state ID to open a 
bank account or cash a check. Yet giving away my thumbprint is now 
mandatory to get a check cashed at a bank which is not my own -- two 
forms of ID and a lock of my hair no longer suffice. (Which is why I 
never cash checks that way any more.) Are these uniform security 
precautions followed by all banks everywhere because, in a free 
market, no bank would ever allow me to open a confidential and 
anonymous account that could be rendered secure for the bank and for 
me by a signature and secure password? Or because no bank is 
_allowed_ to provide such level of privacy?

Privacy doesn't kill people. People kill people. But we are starting 
to hear now from security "experts" like Robbins that we have no 
particular right _at all_ to this cherished phantom, privacy -- that 
toward which all of civilization is striving, according to Rand's 
Fountainhead. (I recommend this novel to all the policymakers at 
TOC.) Yet privacy is something you can _buy_ and provide for 
yourself, if only you are _allowed_, as a free man, to buy it and 
provide it. It's a good like anything else. And I want that good.

I regard Robbins's TOC-sponsored advocacy or quasi-advocacy or 
virtual-advocacy of a national ID card as a direct personal assault 
on me and my liberties, one that I would never have expected from 
that quarter. TOC is adding its prestigious weight to too many 
clamoring and thoughtless voices. Their advocacy and sponsorship 
makes the job of turning us into serfs .0001 percent easier, which is 
.0001 percent too much.

The Objectivist Center must explicitly repudiate Robbins's 
"hypothetical" call for a national ID card as well as its own sloppy 
new notion that some of my actual rights may be crimped and curtailed 
so long as "other rights" are not too badly mangled in the process. 
They must have the guts and the integrity to say, "Yeah, we bungled 
big-time here. We've been busy. Lots of pressures lately. First the 
towers, then the war, then this anthrax thing. Things have been 
hectic. It sort of slipped through. Sorry. We won't do it again." Or 
not. Up to them.

But, whatever, I am not a number. I am a free man.

David M. Brown <dmb1000@juno.com>

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Date: Sun, 21 Oct 2001 13:03:58 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: Free Congress, ACLU: Congress Should Realize 'Sneak and Peek' Is
 Not Child's Play
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Free Congress, ACLU: Congress Should Realize 'Sneak and Peek' Is Not 
Child's Play

FOR IMMEDIATE RELEASE
Friday, October 19, 2001

Spotlight: Wiretap Provisions: A Legislative Comparison Chart

Ten Points Statement of Principles: In Defense of Freedom at a Time of Crisis

WASHINGTON -- In a letter sent today to congressional conferees on 
the anti-terrorism legislation, the American Civil Liberties Union, 
the Free Congress Foundation and 17 other organizations from across 
the political spectrum today urged that "Sneak and Peek" provision be 
deleted because it undermines the Fourth Amendment protection from 
unreasonable searches and seizures.

"`Sneak and peek' is a radical departure from the way our Founding 
Fathers tried to protect us from unreasonable searches and seizures," 
said J. Bradley Jansen, Deputy Director of the Free Congress 
Foundation's Center for Technology Policy. "Citizens are supposed to 
enjoy the protection of the Fourth Amendment. What makes this measure 
particularly troubling is that the sunset provisions that apply to 
other measures of the Anti-Terrorism bill do not apply here. 
Furthermore, it applies to all crimes that fall under Federal 
jurisdiction, not just those involving terrorism."

Rachel King, the ACLU Legislative Counsel who drafted the letter, 
said that if the government insists it needs the "sneak and peek" 
authority, it should urge Congress to hold hearings and carefully 
consider its implications.

"Sneaking the provision on to a bill that the Administration knows 
will pass is playing fast and loose with our Constitution," King said.

In addition to the ACLU and Free Congress Foundation, the letter to 
Judiciary Committee chairmen Senator Patrick Leahy, D-VT, and 
Representative James Sensenbrenner, R-WI, ranking minority members 
Senator Orrin Hatch (R-UT) and Representative John Conyers (D-MI) was 
signed by 19 organizations, including the Center for Democracy and 
Technology and Gun Owners of America.

The joint letter can be found at:


The Honorable Patrick Leahy
433 Senate Russell Building
Washington, DC 20510

The Honorable Orin Hatch
104 Senate Hart Building
Washington, DC 20510

The Honorable James Sensenbrenner
2332 Rayburn House Office Building
Washington, DC 20515

The Honorable John Conyers
2426 Rayburn House Office Building
Washington, DC 20515

Re: Sneak and Peek Search Warrants on Anti-Terrorism Legislation
Dear Members of Congress:

The House and Senate anti-terrorism bills (H.R. 2975 and S. 1510) 
contain a "delayed notice" provision, section 213, that would greatly 
expand the government's authority to conduct covert searches. This 
means that law enforcement agencies can enter a person's home or 
office, search through the person's possessions, in some cases seize 
physical objects or electronic information, without the person 
knowing that law enforcement agents were there. This is a significant 
change from the way searches have been conducted historically and 
will diminish privacy protections guaranteed by the Fourth Amendment. 
We believe this to be an unwise change. We are especially concerned 
that this very significant change in the conduct of searches governed 
by the Fourth Amendment is being considered in the context of 
emergency legislation to respond to the terrorist attack, without 
either the House or Senate holding hearings to thoroughly consider 
the ramifications of this change. Furthermore, this provision is not 
limited to crimes of terrorism, but would apply in all federal 
criminal cases. Lastly, unlike other provisions of H.R. 2975 that 
expand the government's power to search, this provision does not 
sunset in a few years.

As a general rule, covert searches for physical evidence are illegal. 
Rule 41(d) of the Federal Rules of Criminal Procedure specifically 
requires that the officer conducting the search "shall leave a copy 
and receipt at the place from which the property was taken." Title 18 
of the United States Code only authorizes delayed notice for searches 
of oral and wire communications (see 18 U.S.C. 2510 et seq.). Nothing 
in the criminal code permits secret searches for physical evidence. 
Furthermore, the Supreme Court has traditionally held that an officer 
must knock and announce his presence before serving a search warrant, 
absent exigent circumstances. See Richardson v. Wisconsin, 520 U.S. 
385 (1997).

The Department of Justice claims that the provision in the 
anti-terrorism legislation will codify the already existing practice 
of conducting covert searches. It is true that the FBI sometimes 
conducts covert searches, but that fact is disturbing given its lack 
of legal authority to do so. The Department of Justice seeks this 
provision precisely because FBI agents do not have the authority to 
do what they are doing.

The Department of Justice is correct in stating that the Second 
Circuit has upheld the constitutionality of this practice, provided 
that agents did not seize any items. See U.S. v. Villegas, 899 F2d 
1324 (2nd Cir. 1990). The Ninth Circuit has also permitted the use of 
evidence obtained through covert searches; however, the case law is 
much more convoluted. The first case it considered was United States 
v. Freitas, 800 F.2d 1451 (9th Cir. 1986). In that case, the district 
court found that covert search warrants were invalid under Rule 41 
and unconstitutional. However, on appeal, the Ninth Circuit held that 
evidence seized pursuant to the warrant could be used under the "good 
faith exception" in United States v. Leon, 468 U.S. 897 (1984). 
Subsequent cases seem to have upheld the concept of covert searches, 
but have usually found that the criteria necessary to support the 
search were not met. See United States v. Johns, 851 F.2d 1131 (9th 
Cir. 1988). Other circuits have not ruled on the constitutionality of 
covert searches, nor has the Supreme Court. The most that can be said 
conclusively about the case law on secret searches is that it is 
limited and confused.

The essence of the Fourth Amendment is that searches be "reasonable" 
and "specific." See Berger v. New York, 388 U.S. 41 (1967). Even if a 
secret search warrant complies with the constitution by specifying a 
particular place or items to be searched, authorizing law enforcement 
to conduct covert searches increases the likelihood that the terms of 
the warrant will be violated.

Failure to notify a person that their home is being searched 
forecloses any opportunity to assert one's Fourth Amendment rights. 
For example, without notice, a person could not point out 
deficiencies in the warrant, such as that law enforcement officials 
are searching the wrong home or are searching outside the scope of 
the warrant. Nor can a person challenge the warrant in court. 
Although difficult to do, a person can challenge a search warrant by 
appearing before the court that issued it and asking for the warrant 
to be suppressed. It is impossible for a person to assert his or her 
Fourth Amendment rights if the person does not realize they are being 
violated.

We urge the conferees to omit this provision from the anti-terrorism 
bills (section 213). If the government insists that it needs this 
authority, it should urge Congress to hold hearings and carefully 
consider this provision. Sneaking the provision on to a bill that the 
Administration knows will pass is playing fast and loose with our 
Constitution. We hope that you will protect it.


Sincerely,

Laura Murphy, Director
Washington National Office
American Civil Liberties Union

Jim Babke, President
American Liberty Foundation

Rob Carlson
Americans for the Preservation Of Information Security

Tom Deweese, President
American Policy Center

Grover Norquist, President
Americans for Tax Reform

Jerry Berman, Executive Director
Center for Democracy And Technology

Ken McEldowney, Executive Director
Consumer Action

Richard Rahn
Senior Fellow
Discovery Institute

David Sobel, General Counsel
Electronic Privacy Information Center

Bert Ely
Ely and Company

Paul Weyrich, President
Free Congress Foundation

Adrian Day, Editor
Global Analyst

Larry Pratt, Executive Director
Gun Owners of America

Steve Dabach, National Director
Libertarian Party

James Landrithm Jr.
Editor and Publisher
The Multiracial Activist and Abolitionist Examiner

Irwin Schwartz, President
National Association of Criminal Defense Lawyers

David Burton
Senior Fellow
Prosperity Institute

Kathryn Serkes, President
Square One Media Network

Sonia Arrison, Director
Center for Technology Studies
Pacific Research Center

Cc:
Senator Ted Kenney
Senator Russ Feingold
Representative Dennis Hastert
Representative Richard Gephardt
Representative Henry Hyde
Representative Dick Armey
Representative Bobby Scott
Representative Barney Frank

Copyright 2001, The American Civil Liberties Union

Last Updated: 10-19-01
	 



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From: Matthew Gaylor 
Subject: Don't Go Postal on Airport Security By JOHN R. LOTT Jr.
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COMMENTARY

Don't Go Postal on Airport Security By JOHN R. LOTT Jr.

John R. Lott Jr. is a resident scholar at the American Enterprise 
Institute and the author of "More Guns, Less Crime" (University of 
Chicago Press, 2000)

October 19 2001

If you had an important task in which speed and flexibility were 
vital, would it be better done by government or private employees?

The answer seems obvious. Government salaries are fixed, and firing 
them is virtually impossible. Government bureaucracies are not known 
for quick adjustments or innovations. Nowadays, even the U.S. Postal 
Service hires Federal Express to help deliver mail. In the post-Sept. 
11 debate, though, it seems taken for granted that the federal 
government should take over security at airports.

[...]

In their rush, senators re-created Western Europe's painful mistakes. 
Europe learned the hard way that some things are better run by the 
private sector. If these provisions in the Senate bill become law, 
the U.S. will be modeling its air security system after the post 
office.

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From: Matthew Gaylor 
Subject: FBI's Trial Balloon- Torture
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[Note from Matthew Gaylor:  It is an established procedure of a 
government to first hint at something that they are considering to 
gauge the reaction.  This has got to be one of the more disturbing 
items I've read over the course of the last couple of weeks.  The US 
constitution and bill of rights recognizes, not grants rights.  Any 
FBI agent who considers torturing a suspect should be fired and then 
prosecuted for conspiracy to violate civil rights.  Such an agent is 
also a traitor to the US constitution.  FBI agents when they take 
their oath pledge their allegiance to the Constitution against all 
enemies foreign and domestic. Any law enforcement officer who 
tortures suspects or carts suspects off to be tortured in a foreign 
land certainly deserve to be considered Un-American and an enemy of 
the rule of law.]



Silence of 4 Terror Probe Suspects Poses Dilemma

By Walter Pincus
Washington Post Staff Writer
Sunday, October 21, 2001; Page A06


FBI and Justice Department investigators are increasingly frustrated 
by the silence of jailed suspected associates of Osama bin Laden's al 
Qaeda network, and some are beginning to that say that traditional 
civil liberties may have to be cast aside if they are to extract 
information about the Sept. 11 attacks and terrorist plans.

[...]

Said one experienced FBI agent involved in the investigation: "We are 
known for humanitarian treatment, so basically we are stuck. . . . 
Usually there is some incentive, some angle to play, what you can do 
for them. But it could get to that spot where we could go to pressure 
. . . where we won't have a choice, and we are probably getting 
there."

Among the alternative strategies under discussion are using drugs or 
pressure tactics, such as those employed occasionally by Israeli 
interrogators, to extract information. Another idea is extraditing 
the suspects to allied countries where security services sometimes 
employ threats to family members or resort to torture.

Under U.S. law, interrogators in criminal cases can lie to suspects, 
but information obtained by physical pressure, inhumane treatment or 
torture cannot be used in a trial. In addition, the government 
interrogators who used such tactics could be sued by the victim or 
charged with battery by the government.

[...]

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Date: Mon, 22 Oct 2001 01:26:17 -0400
To: Matthew Gaylor 
From: Matthew Gaylor 
Subject: EPIC dares Larry Ellison to debate; more on national ID cards
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Date: Sat, 20 Oct 2001 12:04:02 -0700
To: declan@well.com, politech@politechbot.com
From: Lizard 
Subject: Re: FC: Oracle's Larry Ellison lobbies hard for National ID card

Has everyone but me noted that the hijackers were in the country 
legally and had legal identification, and that, therefore, future 
hijackers following the same modus operandi would have their little 
fascist "smart cards" on them as they committed suicide???

In other words, Mr. Ellison's proposal, if it had been in place on 
September 11, would not have saved ONE SINGLE LIFE. But it WOULD 
create a gross violation of the liberties we're currently bombing the 
crap out of Afghanistan to protect.

Perhaps we need to "accidentally" drop a few "smart bombs" on Silicon Valley.

Heads up, all of you cheering on Mr. Ellison since he opposes 
Microsoft -- anyone who goes crying to the government because he 
can't run a business properly will not respect any OTHER aspect of a 
free society, either.

*********

Date: Sat, 20 Oct 2001 14:30:16 -0400
To: declan@well.com, politech@politechbot.com
From: Marc Rotenberg 
Subject: Re: FC: Oracle's Larry Ellison lobbies hard for National ID card

If he doesn't show up, we may distribute "Larry Cards."

Marc.


October 17, 2001

Mr. Larry Ellison, CEO
Oracle Corporation
Attn: Jessica Olson
500 Oracle Parkway
Redwood Shores, CA 94065

Dear Mr. Ellison,

         I am writing to invite you to a panel discussion that will be 
held at the National Press Club in Washington, DC on Monday, October 
22 to explore the privacy implications of a national ID card, face 
recognition, and other systems of biometric identification. The event 
is sponsored by the Electronic Privacy Information Center (EPIC) and 
the Privacy Foundation.

         We have moved quickly in the last few days to assemble a 
group of experts for this event. Our current participants include 
Privacy Foundation CTO Richard Smith, Privacy Journal Editor Robert 
Ellis Smith, New Republic Legal Affairs Editor Jeffrey Rosen, RAND 
Senior Policy Analyst John Woodward, and Sun Distinguished Engineer 
Whitfield Diffie. We are waiting to hear from Alan Dershowitz and 
Senator Feinstein. I will moderate the discussion.

         I appreciate that this is late notice. Given the urgent need 
for public debate on these topics, I hope you will consider 
participating.

         I can be reached at 202-483-1140.

                                                 Sincerely yours,


                                                 Marc Rotenberg
                                                 Executive Director
                                                 EPIC

*********

From: "Ted Coffman" 
To: 
Subject: Re: Oracle's Larry Ellison lobbies hard for National ID card

Dear Declan,

It isn't like this is the first we have heard from the Oval Office on a "one
size fits all" ID.

Several years ago the Gov decided through the Department of Transportation
to develop a commercial drivers license whose testing requirements would be
the same across all fifty states; The CDL.

Prior to this initiative, it was very easy for a commercial driver to have
more than one license from several different states at the same time, thus
making it impossible to get the really bad drivers off the road through the
ticketing process.  Many states had some really out dated and dysfunctional
testing arrangements.  While this system is not without flaws, it has proven
to be more useful across the board.

National ID's are not going to be that bad IF the Ellison's of the world
don't try and make it something it should not be.

Sincerely,


Ted

*********

From: adw@connectnet.com
Date: Sat, 20 Oct 2001 17:37:23 -0700
To: declan@well.com
Subject: "Your Paper Please" say Ashcroft and Ellison, coming soon:
   Your Assets please?
In-Reply-To: <20011020142410.A19193@cluebot.com>

Some not so obvious reasons to object to the so called "Anti 
Terrorism Bill" and it's massive internal surveillance apparatus and 
Oracle CEO Larry Ellison's call for a National ID card.

As an attorney, one of the things that scares me the most is the 
Federal Government's immense power under the RICO Statutes and it's 
asset forfeiture provisions.  This article gives a good lay summary, 
albeit from a source the government has mocked and demonized.  I have 
not reviewed any of the legal recommendations nor would I endorse 
them without such review.  I submit it for it's utility on 
summarizing the dangers of increased federal power under the 
Terrorism Bill and with a National ID.  Once Ellison gets into the 
game, not only will they track us, but they will know exactly where 
to hit you where it hurts because they will be able to efficiently 
track all our assets even as they change form and move throughout the 
economy.

Under the 4th ammendment law, if they can legally observe you, 
anything they find can basically be used as evidence or probably 
cause. Under the "Terrorism Bill" the limits of who they can observe 
are almost non existent.  Those limits that do exist are full of 
holes.  The net effect is that the Government would be able to cast a 
wide enough net to look at us all.  Do we want such a country where 
the slightest transgression or facetious remark can be used against 
us as a RICO predicate to charge conspiracy?  Do you want your house 
seized because the Federal Internal Surveillance net found that your 
teenager is selling pot out of the basement?

Many RICO forfeitures are done without any person being charged with 
a crime. They take your property and make you fight to get it back. 
This can cost tens of hundreds of thousands of dollars.  The burden 
of proof is on the party who's assets were seized.  Police get to 
keep the booty.  Talk about a perverse incentive. One caveat.  This 
article comes from a member of the line of thought of the so called 
"common law patriot movement".  I take no position on their ideology 
and do not support the fringe members tactics.  One must however 
acknowledge that the seeds of discontent are being sown in this 
country.  These people and the word "Patriot" have been demonized by 
the Federal Government.  Who would have ever thought that people who 
objected to a massive federal power structure which has usurped it's 
granted powers under the Constitution would be called crazies?  They 
may or may not have the right analysis or strategy.  They do see the 
problem.  So did the founders of our great Nation.  I hope we won't 
let power mongers such as Ashcroft or his mignon Ellison take away 
from our children the chance for a life unfettered by an all seeing 
and every meddling government.  God help America.  We need it. 
Please help.

"Most [revolutions] have been [ended] by a subversion of that liberty 
[they were] intended to establish." --Thomas Jefferson to George 
Washington, 1784. ME 4:218, Papers 7:106

"What institution is insusceptible of abuse in wicked hands?" 
--Thomas Jefferson to L. H. Girardin, 1815. ME 14:270

"Whensoever the General Government assumes undelegated powers, its 
acts are unauthoritative, void, and of no force." --Thomas Jefferson: 
Draft Kentucky Resolutions, 1798. ME 17:380

Churchill, Winston Leonard Spencer --On the eve of Britain's entry 
into World War II
"If you will not fight for right when you can easily win without 
bloodshed; if you will not fight when your victory will be sure and 
not too costly; you may come to the moment when you will have to 
fight with all odds against you and only a precarious chance of 
survival. There may be even a worse fate. You may have to fight when 
there is no hope of victory, because it is better to perish than to 
live as slaves.

[...]

*********




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[Note from Matthew Gaylor:  I'm using the term "Fuck" not as a term 
of endearment, but rather as in "fuck them".]

From: Eugene Leitl 
Date: Mon, 22 Oct 2001 14:30:15 +0200 (MET DST)
Subject: [cpunx-news] [ISN] Nortel helps build 'Great Firewall of China' (fwd)

-- Eugen* Leitl