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Date: Wed, 24 Oct 2001 12:22:55 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: Peter Swire's Op Ed on Anti-terrorist law
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Date: Tue, 23 Oct 2001 17:05:39 -0500
To: declan@well.com
From: Peter Swire
Subject: Op Ed on Anti-terrorist law
Declan:
This op ed piece can be released to the public domain on
Wednesday morning. It highlights some key concerns with the
anti-terrorism law that the President will likely sign shortly.
Peter
If surveillance expands, safeguard civil liberties Peter P.
Swire - For the Atlanta Journal-Constitution Sunday, October 21, 2001
The Uniting and Strengthening America Act of 2001, expected
to be signed by President Bush this week, will give our government
important new surveillance powers to fight terrorism.
Unfortunately, the USA Act does not make sure that these
expanded powers won't be abused. While it sharply expands how
government can wiretap e-mails and Web surfing, it provides no remedy
if officials exceed that authority. It also breaks down the wall that
once separated foreign intelligence-gathering from domestic law
enforcement, without creating new safeguards to replace those it
removes.
On the wiretap side, the act permits law enforcement to camp at a
phone company or Internet service provider and monitor a wide range
of communications as they flow through the network. The "computer
trespasser" provision, as it's called, is intended to let phone
companies and Internet providers bring police into their systems to
look for unauthorized usage.
The idea has a core of good sense. System owners should be
able to ask for help from the police when they expect a hacker
attack. The question is how well the new law has been written. The
Bush administration proposed the "computer trespasser" language just
four days after the attack on the World Trade Center. There was never
a single hearing in Congress on the idea.
Law enforcement abuses feared
One worry with this new law is that a company might "invite"
the police to stay based on undue pressure from law enforcement.
Another worry is that the police might intentionally exceed their
authority. Under the long-standing rule covering telephone wiretaps,
law enforcement is forbidden from using wrongfully obtained evidence
in court. But that rule does not apply to information illegally
obtained by police from wiretaps of e-mail and Web surfing.
Last year, the Clinton administration proposed that
intercepted e-mails be treated the same as intercepted phone calls.
As the House Judiciary Committee debated the wiretap proposal this
month, it agreed that illegal e-mail wiretaps should not be used in
court. It made sure that law enforcement would have to report on how
often it was using the expanded powers. The House also created a
$10,000 fine against the government for illegal Internet wiretaps.
None of these desirable safeguards made it into the final USA Act.
In a second big change, the USA Act integrates foreign
intelligence-gathering and law enforcement in ways forbidden since
the 1970s. Congress separated the two functions after discovering
numerous abuses of the power, from clandestine spying here in the
United States by the CIA to criminal prosecutions based on evidence
obtained overseas by means that would be illegal under the
Constitution.
Security forces work together
To stop those abuses, Congress enacted strict rules
preventing the CIA and other intelligence agencies operating overseas
from sharing information with domestic law-enforcement agencies.
Those rules are outdated in the face of the current threat. In the
recent words of one senior FBI official, "The walls are all down now."
In the wake of Sept. 11, new integrated command centers house
officials from the CIA, FBI, National Security Agency, Defense
Intelligence Agency, Customs Service, and so on.
The USA Act furthers this trend. It specifically provides that secret
grand jury testimony, historically used only for law enforcement
within the United States, can now be shared with intelligence
agencies without getting permission from a judge, or even noting the
fact that the information has been shared.
Similarly, the act allows information gathered from secret wiretaps
on foreign agents to go directly to law enforcement officials.
Defendants no longer have to be informed that the wiretap occurred,
as previous law required. From now on, it will be easier for the
government to conduct "foreign intelligence" wiretaps and use
information from those wiretaps without ever revealing their
existence.
Again, the logic for these changes is clear. Terrorists
clearly operate both in the United States and overseas.
Communications on the Internet constantly bounce between different
countries. If we leave walls in place between the CIA and the FBI, we
prevent our agencies from seeing dangerous patterns and taking needed
action.
In summary, there are strong reasons to support new
surveillance powers. But we should stay keenly aware that we are
repealing safeguards created because of previous abuse. The Framers
adopted the Fourth Amendment to make sure that all government
searches were reasonable and approved by an independent judge. When
Congress revisits the wiretap rules soon, as it inevitably will, it
must create new safeguards to match the new surveillance powers our
government gained this week.
Peter P. Swire is a visiting professor of law at George Washington
University. During the Clinton administration, he chaired a White
House Working Group on how to update wiretap laws for the Internet
age.
This article available at
Previous Swire Brookings article on the wiretap laws available at
::
"Administration Wiretap Proposal Hits the Right Issues But Goes Too
Far", October 3, 2001.
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From freematt@coil.com Wed Oct 24 10:28:16 2001
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Date: Wed, 24 Oct 2001 12:18:20 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: [Larry Ellison 's] National ID Card System Failing to Attract
Supporters
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National ID Card System Failing to Attract Supporters
By JOSEPH MENN, Times Staff Writer
Calls for a national system of identification cards sparked by the
Sept. 11 attacks on the World Trade Center and the Pentagon have
gained little traction, failing to win endorsements from the Bush
administration or congressional leaders.
Oracle Corp. Chief Executive Larry Ellison attracted national
attention by calling for such a system in the wake of last month's
terrorist attacks and offering to donate the database software that
would be needed.
After a series of interviews touting the plan, Ellison continued to
push his idea in meetings with U.S. Sen. Dianne Feinstein (D-Calif.),
U.S. Atty. Gen. John Ashcroft and others, including the database
giant's first customer, the CIA...
[...]
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From freematt@coil.com Wed Oct 24 10:30:13 2001
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Date: Wed, 24 Oct 2001 12:53:54 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: Court Orders Name of Professor Behind 'Truth at ULM' Site
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[Note from Matthew Gaylor: The Truth at ULM is located at:
From: BobbyLilly@aol.com
Date: Wed, 24 Oct 2001 12:14:10 EDT
Subject: Court Orders Web Company to Name Professor Behind 'Truth at
ULM' Site
To: freematt@coil.com
Matt,
just came across this article and thought I'd pass it on.
regards,
Bobby Lilly
Subject: Court Orders Web Company to Name Professor Behind 'Truth at ULM' Site
This article from The Chronicle of Higher Education
(http://chronicle.com) was forwarded to you from: bobbylilly@aol.com
Wednesday, October 24, 2001
Court Orders Web Company to Name Professor Behind 'Truth at
ULM' Site
By SCOTT CARLSON
A federal court has ordered a Web-hosting company to reveal
the identity of a professor who runs a Web site critical of
the administration at the University of Louisiana at Monroe.
The order was filed on Monday.
U.S. Magistrate James D. Kirk ordered the company, Homestead
Technologies, to give the professor's name to Richard L.
Baxter, the university's vice president of external affairs,
who filed a motion seeking the information and who is expected
to file a defamation suit. Homestead must reveal the name
within 30 days.
The Web site, Truth at ULM, has posted leaked documents,
muckraking articles, and essays damning the university's
administration. (See an article from The Chronicle, December
1, 2000.) The university has had financial troubles in recent
years. Its president, Lawson L. Swearingen Jr., who was a
frequent target of the attacks, resigned in August.
The site has also been sharply critical of Mr. Baxter, saying
that his "job is to make sure that Swearingen's incompetence
and ULM's state of decline under Swearingen are kept under
cover." The site once called Mr. Baxter the "Vice President of
Excremental Affairs" and said he had been "shoveling so long
he is cracking under the strain."
Mr. Baxter would not comment on the court order. His lawyer
did not return calls from The Chronicle.
The order is a disappointment for the professor behind Truth
at ULM, who had gone to great lengths to prevent
identification, setting up anonymous e-mail accounts and
remote, online fax services to get documents.
The professor had at first established an anonymous Web
account with Homestead Technologies. "They wouldn't even have
my name if it had not been for them going from a free service
to a pay service over the summer," the professor said in a
telephone interview Tuesday. "I had to give them my name and a
credit-card number."
Homestead Technologies did not oppose Mr. Baxter's motion at
the hearing. "They have a contract with me that says that they
will keep me anonymous unless good-faith compliance with the
law requires it," the professor said. "Well, their
interpretation of that is, if anybody gets a court order, they
will not oppose it and will give over what they have."
Jody Kramer, the vice president of corporate communications at
Homestead, says that in cases like this, the company does not
attend the hearing to try to stop a court order. But the
company will wait the full 30 days to give its customer time
to file a motion to stop the order after it has been issued.
The professor who runs the Truth site has hired a lawyer and
plans to prepare such a filing.
The professor admits being frightened. "I think [Mr. Baxter]
has a very good chance of getting what he wants," the
professor said. "I'm going to start wondering how far tenure
will go to protect me, what kind of administrative nightmare
that they can make my life, whether they will try to fire me,
or whether I'll end up teaching three night classes."
Robert C. Eisenstadt, an associate professor of economics at
Monroe, says the mood on the campus is one of "disbelief."
"One, we're having a hard time figuring out where [Mr. Baxter]
has been defamed," he said. "Some of the comments from the
people that I have been speaking with don't believe that he is
even suing -- that this was all a ploy to identify individuals
associated with the Web site."
_________________________________________________________________
This article from The Chronicle is available online at this address:
http://chronicle.com/free/2001/10/2001102401t.htm
If you would like to have complete access to The Chronicle's Web
site, a special subscription offer can be found at:
http://chronicle.com/4free
_________________________________________________________________
You may visit The Chronicle as follows:
* via the World-Wide Web, at http://chronicle.com
* via telnet at chronicle.com
_________________________________________________________________
Copyright 2001 by The Chronicle of Higher Education
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From freematt@coil.com Wed Oct 24 10:44:11 2001
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Date: Wed, 24 Oct 2001 13:05:35 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: More on F(u)ck Nortel & F(u)ck China's Golden Shield & JungleMUX
Content-Type: text/plain; charset="us-ascii" ; format="flowed"
[Note from Matthew Gaylor: I purposefully choose the "F" word to
describe my utter contempt of Nortel for supplying the technology to
China used to suppress free speech and freedom. Several of my readers
did the usual hand wringing worrying about getting the "F" word in
their Dilbertized corporate business environments. Of special
interest to the Brin watchers out there is "the promotion of
JungleMUX which allows video surveillance data to be transported from
remote cameras back to a centralized surveillance point at the
Chinese Ministry of Public Security (MPS)". Naturally several of my
subscribers didn't get an opportunity to even read my original
uncensored post due to their filtering software catching the dreaded
"F" word and rejecting my post. Here are a couple of examples:
At 12:04 PM -0400 10/22/01, postmaster@bellsouth.com wrote:
>From: postmaster@bellsouth.com
>Date: Mon, 22 Oct 2001 12:04:59 -0400
>To: freematt@coil.com
>Subject: Re: Fuck Nortel & Fuck China's Golden Shield
>
>WE CANNOT HANDLE ANY REQUESTS THAT DO NOT FOLLOW THE INSTRUCTIONS IN
>THIS EMAIL ----- Based on an automated review of the content in a
>message you sent to BellSouth personnel, the message appears to be
>unsolicited commercial e-mail or to contain content that we deem
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>Internet Services, our public Internet service provider, please
>readdress it to @bellsouth.net. If your message was intended
>for BellSouth personnel and feel you received this message in error,
>please forward this message, the address that you are trying to send
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>.(Q1-1)
And
At 11:47 AM -0400 10/22/01, wrote:
>Date: Mon, 22 Oct 2001 11:47:58 -0400
>X-Autogenerated: Reply
>From:
>To: Matthew Gaylor
>Subject: Bad words..
>
>Matthew Gaylor !
>We got your message
>on Mon, 22 Oct 2001 11:27:59 -0400.
>With the Subject:
>Fuck Nortel & Fuck China's Golden Shield
>Please remove the bad word from the Subject and send again.
Nortel helping China to overhaul state surveillance architecture
By John Leyden
Posted: 22/10/2001 at 16:40 GMT
Human rights activists have launched an attack on Nortel Networks, accusing
it of contributing to human rights violations in China by helping the
country overhaul its ageing surveillance technologies.
The "Great Firewall of China", which controls content entering the country,
is failing, largely due to the increased volume of Internet traffic in
China, so the Chinese are looking to build a more sophisticated system
involving content filtration, and the monitoring of individual users.
That's one of the main conclusion in a report by The International Centre of
Human Rights & Democratic Development (ICHRDD) which states: "Old style
censorship is being replaced with a massive, ubiquitous architecture of
surveillance: the Golden Shield."
"Ultimately the aim is to integrate a gigantic online database with an
all-encompassing surveillance network - incorporating speech and face
recognition, closed-circuit television, smart cards, credit records, and
Internet surveillance technologies," it adds.
Many other Western firms are also involved in the development of China's
state security apparatus but Nortel, which like the human rights group, is
based in Canada, has come in for particular criticism in ICHRDD's report.
Among the Nortel projects singled out for criticism are:
Nortel's joint research with Tsinghua University on speech recognition
technology, for the purpose of automated surveillance of telephone
conversations
The Canadian firm's support for FBI plans to develop a common standard to
intercept telephone communications, known as CALEA, in conjunction with
technology transfer through its joint venture, Guangdong Nortel (GDNT)
The promotion of JungleMUX which allows video surveillance data to be
transported from remote cameras back to a centralized surveillance point at
the Chinese Ministry of Public Security (MPS)
The deployment of Nortel's "Personal Internet" suite in Shanghai, "greatly
enhancing the ability of Internet service providers to track the
communications of individual users"
A US$10 million project, involving Nortel, to build a citywide fibre-optic
broadband network in Shanghai (OPTera) enabling central authorities to
monitor subscribers at the "edge" of the network, principally through the
Shasta 5000 firewall.
Nortel's integration of face recognition and voice recognition technology in
collaboration with AcSys Biometrics, a subsidiary of Canadian firm NEXUS
Nortel is no stranger to controversy with its Personal Internet technology,
which was criticised on its announcement in February by consumers activists
and anti-junk mail campaigners, and has rejected ICHRDD criticism.
"Nortel Networks categorically rejects in the strongest possible terms the
notion that we are collaborating with any government to repress the human
rights or democracy of its citizens," a statement by Nortel said.
"Nortel Networks is a longstanding supplier of advanced telecommunications
products and technology in China where we have a broad range of customers.
Nortel Networks sells the same range of products and solutions in China as
we do elsewhere."
This response cut little ice with ICHRDD which believes Nortel's technology
will be used to clamp down on political dissent.
On September 28, four Chinese citizens were tried for subversion for
participating in an on-line pro democracy forum. The four are but the most
recent of several arrests in recent years for Internet-related crimes.
Pacific rim leaders are expected to announce an "anti-terrorism" pact at the
APEC summit this week which human rights advocates fear could be used to
excuse increased crackdowns on Internet privacy and human rights,
particularly in authoritarian states such as China. R
---
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Date: Wed, 24 Oct 2001 13:14:22 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: EVENT: Does Rebel Radio Have a Future in America? DC 11-01-2001
Cato Institute
Content-Type: text/plain; charset="us-ascii" ; format="flowed"
From: "Adam Thierer"
To: Matthew Gaylor
Subject: Invitation to Cato Book Forum (11/1 at 4:00) on Future of
Micro-broadcasting
Date: Wed, 24 Oct 2001 11:35:43 -0400
I would like to invite you to an upcoming Cato Book Forum to
celebrate the release of "Rebels on the Air: An Alternative History
of Radio in America," by Jesse Walker, an associate editor of Reason
magazine. The event will take place on Thursday, November 1 at 4:00
p.m. here at the Cato Institute. More details and RSVP information
follow below. I hope you will plan to join us for this event.
--Adam Thierer
The Cato Institute
invites you to a Book Forum
Freedom on the Airwaves
Does Rebel Radio Have a Future in America?
featuring
Jesse Walker
Author, Rebels on the Air: An Alternative History
of Radio in America
(New York University Press, 2001)
with comments by
Tom Hazlett
American Enterprise Institute
Most histories of radio broadcasting in America stress
the importance of federal management of the broadcast spectrum, the
licensing of large broadcast stations to serve the national market,
and the regulation of program content to conform with "the public
interest."
But in his new book Rebels on the Air: An Alternative
History of Radio in America, Jesse Walker, an associate editor of
Reason magazine, offers a refreshingly different perspective on the
history of radio told largely through the eyes of small entrepreneurs
whose eccentric style and range of programming has offered the public
meaningful listening options. Rebels on the Air also explains how
regulators and large broadcasting giants have worked tirelessly to
craft rules that favor licensed broadcasting giants and penalize
unlicensed amateurs and local microbroadcasters. Tom Hazlett, one of
America's leading experts on the history of broadcasting, will
provide additional analysis of government involvement in the
development of the broadcast marketplace.
Thursday, November 1, 2001
4:00 p.m.
(Reception to follow)
Cato Book Forums and receptions are free of charge.
To register, call Julie Johnson by 4:00 p.m., Wednesday, October 31, at
(202) 789-5229, fax her at (202) 371-0841, or e-mail
jjohnson@cato.org.
The Cato Institute is located at 1000 Massachusetts Ave., NW, Washington D. C.
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Date: Wed, 24 Oct 2001 13:36:51 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: 1.6 Million US Drug Arrests In 2000 Marijuana Violations Hit all
Time High
Content-Type: text/plain; charset="us-ascii" ; format="flowed"
[Note from Matthew Gaylor: Is it possible that while law enforcement
chases down hippies smoking weed they're too tuckered out to chase
real criminals like terrorists?]
From: "CCLE"
Subject: 1.6 Million Drug Arrests in 2000
Date: Mon, 22 Oct 2001 19:32:58 -0700
Organization: Center for Cognitive Liberty & Ethics
1.6 Million Drug Arrests Made in 2000
According to a report released Monday by the FBI, 1.6 million arrests were
made for drug offense violations in the year 2000, a slight increase (0.5
percent) over 1999 figures.
For the sixth straight year, more people were arrested for drug offenses
than for any other offense category. In fact, in the year 2000 more people
were arrested for drug offenses than for murder, rape, arson, aggravate
assault, robbery, burglary, and auto theft combined.
Read More at:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
October 22, 2001
-Marijuana Violations for Year 2000 Hit All Time High, FBI Report Reveals-
Washington, DC: Police arrested an estimated 734,498 persons for
marijuana violations in 2000, according to Federal Bureau of
Investigation's annual Uniform Crime Report, released today. The total
is the highest ever recorded by the FBI, and comprises just under half of
all drug arrests in the United States.
"Today's war on drugs is really little more than a war on marijuana
smokers," charges NORML Foundation Executive Director Allen St Pierre.
"Enforcing marijuana prohibition costs taxpayers approximately $10
billion per year. This is a tremendous waste of national and state
criminal justice resources, which should be focused on combating serious
and violent crime, including terrorism."
Of those charged with marijuana violations, almost 88 percent - some
646,042 Americans - were charged with possession only. The remaining
88,456 individuals were charged with "sale/manufacture," a category that
includes all cultivation offenses - even those where the marijuana was
being grown for personal or medical use.
The total number of marijuana arrests far exceeds the total number of
arrests for all violent crimes combined, including murder, manslaughter,
forcible rape, robbery and aggravated assault.
Since 1990, nearly 5.9 million Americans have been arrested on marijuana
charges, a greater number than the entire populations of Alaska,
Delaware, the District of Columbia, Montana, North Dakota, South Dakota,
Vermont and Wyoming combined.
"It's time we stopped arresting adults who use marijuana responsibly,"
says St. Pierre.
For more information, please contact either Allen St. Pierre or Paul
Armentano of The NORML Foundation at (202) 483-8751. The report appears
online at:
-end-
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From freematt@coil.com Wed Oct 24 11:34:08 2001
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Date: Wed, 24 Oct 2001 13:40:51 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: ACLU to defend masked peace-march protesters
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[Note from Matthew Gaylor: I wonder how the police are going to
handle Halloween ?]
ACLU to defend masked peace-march protesters
By Jon Libid
Special to The Denver Post
Tuesday, October 23, 2001 - The American Civil Liberties Union will defend
seven protesters who were arrested during a peace march in Denver on Sept. 29.
"The police had a standing order that day that anyone who appeared at the
march with their face covered would be detained, and if they had no
identification, they would be arrested," Mark Silverstein, legal director of
the ACLU in Colorado, said Monday.
"We certainly disagree with the police view that they have the right to
detain anyone who participates in a protest march with a covered face."
Neither Denver Police Chief Gerry Whitman nor C.L. Harmer, spokeswoman for
the Department of Safety, could be reached...
[...]
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From freematt@coil.com Wed Oct 24 11:35:18 2001
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Date: Wed, 24 Oct 2001 13:42:20 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: Disney show becomes self-serving propaganda channel
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Date: Tue, 23 Oct 2001 16:24:21 -0700
To: farber@cis.upenn.edu (Dave Farber), freematt@coil.com (Matthew Gaylor),
Declan McCullagh , James Love
From: Jim Warren
Subject: children's Disney show becomes self-serving propaganda channel
http://www.theregister.co.uk/content/6/22408.html
Disney cartoon lambasts evil music-sharing
By Tina Gasperson, NewsForge.com
Posted: 23/10/2001 at 04:54 GMT
The Disney Channel cartoon series The Proud Family aired an episode
on October 5 entitled EZ Jackster . In the storyline, EZ Jackster is
a Napster-like site, and the show's little heroines get addicted to
the service and play a part in the downfall of the music industry.
Disney is one of the backers of the SSSCA legislation that is
scheduled for a hearing before Congress this week.
...
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From freematt@coil.com Wed Oct 24 12:07:01 2001
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Date: Wed, 24 Oct 2001 14:20:22 -0400
To: Matthew Gaylor
From: Matthew Gaylor
Subject: Is there a difference between F(u)ck and...
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[Note from Matthew Gaylor: When you type F(u)ck on your keyboard the
message is unmistakably clear. If you were to write the "F" word
without the parentheses the message is unmistakably clear. However
we're humans and we have the intelligence to understand that either
spelling means the same thing. Filtering software (censorware) is
not able to cope with even simple bypass techniques, like putting
words like (F)uck in parentheses.]
At 1:37 PM -0400 10/24/01, XXXXXX, XXXXX wrote:
>From: "XXXXXX, XXXXX"
>To: "'Matthew Gaylor'"
>Subject: RE: More on F(u)ck Nortel & F(u)ck China's Golden Shield & Jungle
> MUX
>Date: Wed, 24 Oct 2001 13:39:30 -0400
>
>Thank you kindly Matt.
>Got it this time. Ole Bellsouth Big Bro' was sleepin' at the switch.
Regards, Matt-
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