888 lines
39 KiB
Plaintext
888 lines
39 KiB
Plaintext
Computer underground Digest Tue Apr 19, 1994 Volume 6 : Issue 35
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Archivist Le Grande: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Suspercollater: Shrdlu Nooseman
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CONTENTS, #6.35 (Apr 19, 1994)
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File 1--Re: AA BBS Bust (press release)
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File 2--Reply to Keith Henson's Letter (Amat. Action BBS News)
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File 3--Re: AA BBS Bust (reply to gov motion)
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File 4--CuD Source in Switzerland
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File 5--Dutch Government wants to ban encryption!
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File 6--Possible Skipjack algorithm leak
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File 7--Clipper Satire
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost electronically.
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CuD is available as a Usenet newsgroup: comp.society.cu-digest
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Or, to subscribe, send a one-line message: SUB CUDIGEST your name
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Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
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The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115, USA.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
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libraries and in the VIRUS/SECURITY library; from America Online in
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the PC Telecom forum under "computing newsletters;"
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On Delphi in the General Discussion database of the Internet SIG;
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on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
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and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
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CuD is also available via Fidonet File Request from
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1:11/70; unlisted nodes and points welcome.
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EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893;
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In ITALY: Bits against the Empire BBS: +39-461-980493
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FTP: UNITED STATES: etext.archive.umich.edu (141.211.164.18) in /pub/CuD/
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
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EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
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nic.funet.fi
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ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Authors hold a presumptive copyright, and
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they should be contacted for reprint permission. It is assumed that
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Tue, 22 Mar 94 10:35:26 PST
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From: hkhenson@cup.portal.com (H Keith Henson)
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Subject: File 1--Re: AA BBS Bust (press release)
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((MODERATORS' NOTE: For those who missed the Government Press
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release announcing the Amateur Action BBS bust, we reprint it below))
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NEWS RELEASE S. F. NO. 94-11
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OFFICE OF THE INSPECTOR IN CHARGE February 3, 1994
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United States Postal Inspection Service
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P.O. Box 88200
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San Francisco, CA 94188-2000
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415/550-5602
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For Information Call
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Frank L. Ducar
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Postal Inspector
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415/550-5707
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Robert and Carleen Thomas of Milpitas California were arrested today
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by United States Postal Inspectors. The Thomas's were arrested for
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distribution of obscene material and receipt of child pornography.
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The Thomas's were indicted by a Federal Grand Jury in the Western
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District of Tennessee on January 25, 1994 on three counts of using a
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common carrier to transport from California to the Western District of
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Tennessee obscene video tapes in violation of Title 18, United States
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Code, Section 1462.
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The Thomas's were also indicted on six counts of transporting obscene
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material, specifically computer generated images from California to
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the Western District of Tennessee in violation of Title 18, United
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States Code, Section 1465. The Thomas's operated a computer bulletin
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board service specializing In pornographic material enabling other
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computer users throughout the country to receive pornographic material
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via their computer.
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Each count under these statutes, 18 USC 1465 and 18 USC 1462, carries
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a penalty of not more than five years in prison or up to a $250,000
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fine or both.
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In addition, Robert Thomas was indicted for knowingly receiving child
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pornography through the United States Mall in violation of Title 18
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United States Code 2252 (a)(1), Violation of this statute is
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punishable by not more than ten years in prison or up a $250,000 fine
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or both.
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((I can't resist adding that the document the postal inspector filled
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out at the time of the search so he could get his kiddy porn back
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stated that the material had been sent "without his (Robert Thomas')
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knowledge." HKH]
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This investigation was conducted by Postal Inspectors in response to
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complaints from citizens in the Western District of Tennessee. The San
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Jose Police Department High Tech Crimes Detail provided assistance
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with the forensic examination of the Thomas computer system.
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------------------------------
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Date: Thu, 7 Apr 94 21:57:55 PDT
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From: hkhenson@CUP.PORTAL.COM
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Subject: File 2--Reply to Keith Henson's Letter (Amat. Action BBS News)
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((MODERATORS' NOTE: Keith Henson has been keeping on top of the
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Amateur Action BBS case, in which a sysop in Milpitas, Calif, was
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busted by U.S. Postal authorities and indicted in Memphis, Tenn.,
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where alleged "kiddie porn" files were downloaded. The following are
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letters Keith exchanged with federal agencies regarding the
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incident)).
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H. Keith Henson
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799 Coffey Ct.
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San Jose, CA 95123
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408-972-1132
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K. J. Hunter
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Chief Inspector--Postal Service
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475 C'Enfant Plaza
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Washington, DC 20260-2100
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January 26, 1994
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Dear Mr. Hunter:
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I am writing to express my concern about one of your Postal
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Inspectors, David H. Dirmeyer, from Memphis TN. Inspector
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Dirmeyer made statements to me the morning of January 15th
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which caused me a great deal of alarm. In conversation in
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front of a San Jose Police officer, he stated that 1) sending
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unsolicited child pornography to a person who operates a
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computer bulletin board system and 2) executing a search
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warrant of questionably legality within minutes of its
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receipt is "normal investigative procedure."
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I have a hand written and signed statement from Inspector
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Dirmeyer in the form of a PERMISSION TO SEARCH document he
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filled out to get his child pornography back.
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In describing the property he wrote:
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"namely priority mail package from Lance White sent without
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his knowledge."
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A comparison of the handwriting on this form and "Lance
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White's" original application to sign up with the BBS
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involved created a near certainty in my mind that inspector
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Dirmeyer and the "Lance White" who sent the child pornography
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to the system operator were the same person. A day after I
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had reached this conclusion, I had opportunity to simply ask
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Inspector Dirmeyer if he was also "Lance White." He admitted
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it. I think a reasonable person presented with this
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information would conclude that the above statement by
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Dirmeyer/White constitutes a written admission of sending
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unsolicited child pornography through the mail--seeming just
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to terrify a law abiding recipient.
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I would like to know if this behavior on the part of Postal
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Inspectors really is "normal investigative procedure."
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Sincerely,
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H. Keith Henson
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cc Judge Thelton E. Henderson
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H. Keith Henson
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799 Coffey Court
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San Jose, CA 95123-3920
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408-972-1132
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===========================================================
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March 22, 1994
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Mr. H. Keith Henson
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799 Coffey Court
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San Jose, CA 95123-3920
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Dear Mr. Henson:
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Your letter to Chief Inspector Hunter in which you expressed
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certain concerns regarding an investigation being conducted
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by Inspector David H. Dirmeyer, has been referred to my office
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for a response.
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On January 10, 1994, a federal search and seizure warrant,
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authorized by a United States Magistrate Court Judge based
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upon an investigation conducted by the U.S. Postal Inspection
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Service, was executed on the property belonging to Robert
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and Carleen Thomas, in Milipitas, California. On January 25,
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the Thomases were indicted by a federal grand jury in Memphis,
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Tennessee, on charges relating to the distribution of obscene
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matter. Robert Thomas was also charged with knowingly
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receiving child pornography through the mail. This case
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should be scheduled for trial in U.S. District Court, Western
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District of Tennessee, at some time in the near future.
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Until this matter is adjudicated, it would be inappropriate and
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improper for me to comment any further on this case. It is my
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understanding the Thomases have retained legal counsel. Any
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specific concerns or issues regarding this investigation can be
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raised by their attorney in a court of law.
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Sincerely,
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A. F. Lamden
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Manager
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Fraud and Prohiibited Mailings Group
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==================================================================
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April 5, 1994
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A. F. Lamden, Manager
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Fraud and Prohibited Mailings Group
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Office of the Chief Postal Inspector
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Washington, DC 20260-2100
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Dear Mr. Lamden:
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On March 22, 1994 you wrote in answer to my letter to Chief Inspector
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Hunter of January 26 in which I expressed my concern about the actions
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and statements of one of your postal inspectors. Incidentally, the
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letter took 8 days to get here.
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I understand that you have been given the thankless task of brushing
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me off. Your second paragraph is a nice condensation of the Postal
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Service's press release on the arrest. I will quote your third
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paragraph:
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"Until this matter is adjudicated, it would be inappropriate and
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improper for me to comment any further on this case. It is my
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understanding the Thomases have retained legal counsel. Any
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specific concerns or issues regarding this investigation can be
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raised by their attorney in a court of law."
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However, I was NOT asking a question about the case. I expressed a
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personal concern (shortened here):
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"Inspector Dirmeyer made statements to me the morning of January 15th
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which caused me a great deal of alarm. In conversation in front of a
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San Jose Police officer, he stated that sending unsolicited child
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pornography and executing a search warrant a few minutes after it was
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received to "find" the porn is "normal investigative procedure."
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And asked in my previous letter (again shortened):
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******I want to know if this really is "normal investigative
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procedure."*******
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This question is not related to the case! It is a matter of Postal
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Service policy and you should be able to answer it with a yes or no.
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Sincerely,
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H. Keith Henson
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cc Usenet News groups (with readership in the 100,000 range)
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Office of the Chief Postal Inspector
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Washington, DC 20260-2100
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------------------------------
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Date: Fri, 11 Mar 94 23:48:58 PST
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From: hkhenson@cup.portal.com (H Keith Henson)
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Subject: File 3--Re: AA BBS Bust (reply to gov motion)
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((MODERATORS' NOTE: Below is the motion filed by AA BBS's
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defense attorney in response to the incident))
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RICHARD D. WILLIAMS, APC
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State Bar #92376
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79 Divine St., Suite 101
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San Jose, CA 95110
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(408) 295-6336
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Attorney for Defendants/Claimants
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IN THE UNITES STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IN THE MATTER OF THE ) NO.: CR 3-94-30005 WDB
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SEARCH OF THE PREMISES )
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KNOWN AS: ) RESPONSIVE SUPPLEMENTAL
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) MEMORANDUM OF POINTS AND
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475 TRAMWAY DRIVE ) AUTHORITIES IN SUPPORT OF
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MILPITAS, CA 95035 ) MOTION TO RETURN PROPERTY
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)
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______________________________)______________________________
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Comes now Richard D. Williams, attorney for the claimants who
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responds to the United States' opposition to claimants' motions as
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follows:
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A. Jurisdiction
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1. The US Attorney seems to argue that DiBella vs. United States
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discourages the use of 41(e) motions in the district of seizure.
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Dibella dealt mainly with the appealability of a ruling on a 41(e)
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motion and stated in dictum that such motions were "discouraged."
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The motion to return property is by rule, and I have seen no
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authority to suggest that it is improper to bring such a motion in
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the district where the property was seized pursuant to Rule 41(e).
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I note also that DiBella vs. U.S. is a 1962 case which was before
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Congress' revamping the rule in 1989.
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2. Further, there exist no rule stating that a motion under 41(e)
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cannot be brought post indictment (although it does say that if
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brought post indictment in the trial court it shall be treated as
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a motion under Rule 12).
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3. In the present case, the Thomas's are entitled to the return
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of their backup tapes, their UPS records (which are in danger of
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being tampered with by agent Dirmeyer as the could contain evidence
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of perjury by Agent Dirmeyer in his affidavit before Magistrate
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Brazil), and any copies of the AABBS system information made by
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Agent Dirmeyer and the San Jose "High Tech" unit. These were *not*
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requested on the search warrant and contain member's names, and
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passwords. They also contain all the electronic mail on the AABBS
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system at the time of the seizure. Members of AABBS have been
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complaining constantly since the seizure of unauthorized use of
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their accounts on the system. It is apparent that a massive
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release of member logon names and passwords has occurred, because
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someone (and Agent Dirmeyer is the only one other than claimants
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with member names and passwords) has been changing member's
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passwords.
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4. The United States Attorney also argues that this motion is not
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timely since it was filed over thirty days after the seizure. I
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attempted to obtain access to the file within 48 hours of the
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seizure and was told that was no file because the U.S. Attorney had
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it. I was told this while standing next to a sign on the wall
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which states that it is a felony to remove files from the clerk's
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office. I made another 50 mile trip in an attempt to find out what
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was in the file about a week later, and at that point was told
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again, by the clerks that they did not know where the file was,
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though they thought the U.S. Attorney still had it. This time
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Judge Brazil's secretary told me that the affidavit was sealed,
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though in fact, U.S. Attorney's order sealed only the material
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alleged to be obscene. (This incident is detailed below.)
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5. The affidavit was unsealed by Magistrate Brazil's order on
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January 27, one day after the indictment issued in Tennessee.
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Thus my client and I were improperly denied access to the affidavit
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which was essential to making a 41(e) motion. It was eventually
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pried out of the clerks office by a series of phone calls to
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Magistrate Brazil's office and a third 50 mile trip to the clerk's
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office about February 7th to pick it up.
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6. To put a time line on these events, of the seven weeks from
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the search to the time this motion was filed, the US Attorney or
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those acting under his direction caused four weeks of the delay he
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is complaining about. This is not an isolated incident. I am
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filing a motion herewith to relate this case to several others
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before Judge Patel involving fraud and deception upon the court
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where, as here, the government has falsified evidence, hidden court
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files, manipulated judge's calendars in an effort to "Judge
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Shop." It is my feeling that no one should be allowed to profit
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from their wrong doing, and the U.S. Attorney's office should be
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subject to that maxim of jurisprudence as well.
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B. PRIVACY AND E-MAIL ISSUES
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7. On page 9 of UNITED STATES' OPPOSITION MEMORANDUM at line 2,
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Assistant United States Attorney Andrew M. Scoble states:
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"The defendants here, in a warning to law enforcement
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officers posted on their computer bulletin board, claim that
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their board contained "work product material" and cite
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Section 2000aa. The government contends, however, that the
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material on the board is their pornographic inventory, which
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should be considered merely a type of documentary material as
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defined by the stature rather than an type of work product
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protected by the Act, since work product, as stated in the
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legislative history involves a creative, mental process which
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is not evident here."
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8. I simply disagree with Mr. Scoble. To support this position,
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let us describe one of the processes whereby AABBS has
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electronically published over 20,000 GIFs. Robert Thomas employs
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models and takes photos of them, many of the not dissimilar to
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those found in Playboy or Penthouse. He scans in the film, edits
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the resultant image (much as Playboy airbrushes photographs) and
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adds the copyright information identifying AABBS. He then writes
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a description of the GIF, and then loads both the GIF and the
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related description into the data base available for his paying
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members. If this is not "a creative, mental process," we don't
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know how the U.S. Attorney would describe one. This information
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was available to Inspector Dirmeyer or if he had any doubts about
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the matter, he could have asked. Many of these GIFs are of humorous
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intent, which, like obscenity is in the eye of the beholder.
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9. Arguing from Mr. Scobles' point of view, we could conceded
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that the dozen GIFs and tapes sought under the warrant might be
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considered obscene in Tennessee or other backwater parts of the
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United States, and therefore these particular items might not be
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under the protection of 2000aa in that location no matter how much
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artistry was involved in making them. The GIFs in question are
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considered silly or mildly amusing by most AABBS members. It
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should be noted (though this is not a defense) that very similar or
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even identical GIFs are common items in thousands or tens of
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thousands of computer systems, including virtually all universities
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and a number of adult BBSs in Tennessee. If Mr. Scoble considers
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the tapes obscene by San Francisco standards, I am certain he could
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be shown open sources of these tapes within a mile of the Federal
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building.
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10. However, by numeric count there are less then one in a
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thousand were deemed obscene by inspector Dirmeyer. Does this
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negate the protection of everything (email included) within the
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computer or all (most of it legal even by his standards) creative
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work in process?
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11. As the Affidavit itself states, the same BBS, content, and
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video tapes were examined image by image, and tape by tape for five
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weeks two years ago by the San Jose Police Department. The
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affidavit clearly states that the SJPD found no evidenced of a
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crime at that time. It is to be presumed that the police were
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judging what they looked at by local community standards, and thus
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the material involved (which has not changed one bit in character
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since that time) is protected under 2000aa in the Northern District
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of California if not elsewhere.
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12. This does present an interesting problem for the courts!
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Material could be considered obscene and not protected in one
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District, and protected under 2000aa in another because of
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differing community standards. Had the BBS been located in
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Tennessee, a objection to the legality of the warrant because it
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violated 2000aa might not be valid, but the 2000aa violation
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occurred in the Northern District of California, and not in the
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Western District of Tennessee, and thus local community standards
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here must be used. It is apparent from the warrant itself (which
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reported on the search two years ago) that there was strong reason
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to believe that the BBS material was not obscene under local
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standards
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13. The doctrine of "community standards" brings up another
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problem-- which community? Before electronic communications became
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so pervasive, community was describes as physically proximate
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neighbors. Nowadays, people properly speak of the global village.
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People well connected to the net are more likely to have a strong
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feeling of community with those they associate with electronically
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|
than they are of their next door neighbors.
|
|
14. If "community" is considered to be made up of the 3500 people
|
|
who pay for memberships on AABSS, they certainly would not consider
|
|
the material obscene and thus subject to censorship. The same
|
|
could be said of those who read and download GIFs (which are at
|
|
least as raunchy as any on AABBS) from the largest groups on the
|
|
Internet, alt.sex[.bondage, .homosexual, .bestiality, etc.] The
|
|
net community, it should be noted, "interprets censorship as damage
|
|
and routes around it."
|
|
15. It is hard to determine the reasons the Western District of
|
|
Tennessee has reached out in an attempt to impose their standards
|
|
on the Northern District of California. Perhaps it is the simple
|
|
desire to obtain tens of thousands of dollars worth of computer
|
|
equipment. Had they applied for a warrant to search an adult book
|
|
store in San Francisco, they would have been laughed out of court.
|
|
Is an electronic version of an adult book store *that* different?
|
|
16. If they really have a concern that their citizens need
|
|
protection from the evils of either coast, they could have applied
|
|
for an injunction to prevent AABBS from doing business with any
|
|
citizen of Tennessee. In fact, a simple letter asking the AABBS
|
|
sysop not to do business with residents of Tennessee, or asking
|
|
that he limit what was available to them would have sufficed, since
|
|
it would have cost him under ten customers out of 3,500.
|
|
17. Quoting Mr. Scoble on page 10 line 11 through page 10 line 1:
|
|
"The defendants claim that the search and subsequent seizure
|
|
of their computer bulletin board system violates the Electronic
|
|
Communication Privacy Act (ECPA) Tile [sic] 18, United States Code
|
|
Section 2701 at seq. No such violation occurred."
|
|
18. In the very next sentence he quotes the relevant part of what
|
|
actions are required to violate the law, "or prevent the authorized
|
|
access to electronic communications." It does not require a degree
|
|
in computer science to see that authorized access to electronic
|
|
communications on the BBS were prevented during the five days it
|
|
was in the hands of agent Dirmeyer and the San Jose Police.
|
|
19. Mr. Scoble then describes the requirements to avoid being
|
|
subject to section 2701, namely the requirement for warrants for
|
|
mail which has been in the system for less than 180 days. No
|
|
warrant for *any* email was sought, because, I suspect, no
|
|
justification was available to intercept or interfere with any
|
|
member's electronic mail. He goes on to describe how careful the
|
|
agents were not to read the electronic mail while ignoring the
|
|
undisputed fact that they prevented authorized access to electronic
|
|
communications for all 3500 AABBS members for five days. It would
|
|
be interesting to ask Inspector Dirmeyer's superiors how the Postal
|
|
Service would react to someone taking a mailbox full of letters and
|
|
keeping it for 5 days. It is an easy prediction that the Postal
|
|
Service would consider taking a mailbox to be a violation of law,
|
|
weather the person taking the mailbox steamed open the letters or
|
|
not.
|
|
20. While interception in the fundamental sense of taking a
|
|
mailbox full of letters may have occurred, U.S. Attorney Scoble may
|
|
have such case as law as exists on his side in his claim on page 12
|
|
that an "Intercept" under the restricted meaning of Section 2510
|
|
may not have occurred. (Steve Jackson Games, Inc. vs. United States
|
|
Secret Service, 816 F.Supp. 432 W.D.Tex, 1993). This case is also
|
|
on point for 2000aa because it was found that the government agents
|
|
should have used less intrusive methods (i.e., subpoenas).
|
|
21. A subpoena certainly would have sufficed in this case. Robert
|
|
Thomas was willing, and stated so at the time of the search, to
|
|
provide copies of any file the agents wanted. (Why not? Any
|
|
member including Agent Dirmeyer could access the same GIFs from any
|
|
place in the world, including any courtroom.) Even though this
|
|
method was mentioned in the Affidavit as a desirable and less
|
|
invasive alternative to the search, the agents made no mention of
|
|
it at the time nor did not take Mr. Thomas up on his offer. It is
|
|
my belief that they wanted illegal access to electronic mail as
|
|
well as access to the membership base and the member's personal
|
|
passwords for the purpose of entrapment. I consider this an
|
|
example of bad faith on the part of Inspector Dirmeyer, along with
|
|
the his threats against Robert Thomas not to reveal who "Lance
|
|
White" was and his botched attempt to frame Robert Thomas on a
|
|
child pornography charge. The last charge in the indictment is
|
|
clearly bogus--because Agent Dirmeyer himself describes the package
|
|
of child pornography as "sent without his knowledge" [referring to
|
|
Thomas.] This level of lawlessness among those charged with
|
|
upholding the law should be entirely unacceptable to the courts.
|
|
22. The warrant affidavit itself reports on the failed previous
|
|
attempt to find child pornography on AABBS. Robert Thomas would
|
|
never put child pornography on his BBS, and would not permit others
|
|
to do so either. He has a widely known reputation for running a
|
|
"tight ship" at AABBS.
|
|
23. In consideration of the forgoing, claimants pray that all
|
|
fruits of this illegal search be returned to them, and the evidence
|
|
suppressed.
|
|
|
|
Respectfully submitted by
|
|
|
|
|
|
Richard D. Williams
|
|
Attorney for defendants/claimants
|
|
|
|
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 17 Apr 1994 19:38:24 +0200
|
|
From: Thomas_Ghezzi@INFORMABOX.INFORMACOM.CH(Thomas Ghezzi)
|
|
Subject: File 4--CuD Source in Switzerland
|
|
|
|
Here is another CuD source for European users in
|
|
Switzerland: informabox BBS: ++41 (0)41 55 60 59
|
|
The informabox BBS is a non-profit BBS. BBS-Usersoftware: TeleFinder for
|
|
Macintosh, Windows or Terminal-Emulation.
|
|
|
|
When you need more information about the bbs, than write me. Have a nice
|
|
time and I wait for the next CuD edition.
|
|
|
|
Best regardsIII
|
|
Thomas Ghezzi
|
|
informabox % Rothenhalde 5 % 6015 Reussbuehl % Switzerland
|
|
++41 (0)41 55 60 59 (BBS) % informabox (Fido 2:301/xxx)
|
|
++41 (0)41 55 60 51 (Voice) % ++41 (0)41 55 60 51 (Telefax)
|
|
Thomas_Ghezzi@informabox.informacom.ch % applelink informacom
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 17 Apr 1994 02:50:30 -0400 (EDT)
|
|
From: Stanton McCandlish <mech@EFF.ORG>
|
|
Subject: File 5--Dutch Government wants to ban encryption!
|
|
|
|
A prime example of lousy US Administration policy setting "precedents" of
|
|
decidely questionable merit internationally. Any more detailed info on
|
|
this is welcome; pass it around, and cc it to mech@eff.org if you would.
|
|
|
|
Similar material from elsewhere is also welcome.
|
|
|
|
This and anything else I find out will be archived at:
|
|
ftp.eff.org, /pub/EFF/Legislation/Foreign_and_local/Netherlands/
|
|
gopher.eff.org, 1/EFF/Legislation/Foreign_and_local/Netherlands
|
|
gopher://gopher.eff.org/11/EFF/Legislation/Foreign_and_local/Netherlands
|
|
http://www.eff.org/pub/EFF/Legislation/Foreign_and_local/Netherlands/
|
|
|
|
______ begin fwd _____________
|
|
|
|
From: W.H.Sonnemans@kub.nl
|
|
Date--28 Mar 94 15:30:21 MET
|
|
Subject--Dutch Goverment wants to ban Encryption!
|
|
|
|
A News Flash from Holland:
|
|
|
|
The Dutch Department of Justice has pressed for legislation on
|
|
encryption. A parlemantary commitee is currently working on a
|
|
proposal that would effectively outlaw possesion, use, trade of
|
|
encryption devices. The commitee is constructing a proposal
|
|
which would tie a license to use of goverment approved encryption
|
|
devices. The proposal is prepared in secrecy but some details have
|
|
already leaked. Supposedly anyone who is caught using encryption on a
|
|
telephone line is fined and loses his telephone connection for three
|
|
? days. Your worst nightmare is becoming our reality. And what makes
|
|
it worse; the work of on the proposal has kept a low profile to avoid
|
|
public discussions on the matter. A member of the press interviewed
|
|
some members of parliament on the pre-proposal, one didn't know what
|
|
it was about, the other one knew something but stated that it did not
|
|
interest him! Here in Holland the public awareness concerning
|
|
encryption is very low. Unlike in the United States the use of
|
|
computers in the home is not that common. We will have a hard time
|
|
convincing our parliament to thoroughly evaluate any proposal
|
|
concerning encryption that might be introduced. Assisting the
|
|
parliament with the technical expertise to get them to truly
|
|
understand encryption and the implications of legislation wiil be our
|
|
main goal.
|
|
|
|
I hope that this information is of use,
|
|
|
|
|
|
With Regards,
|
|
|
|
Wim Sonnemans
|
|
|
|
W.H.Sonnemans@kub.nl
|
|
|
|
------------------------------
|
|
|
|
Date: Tue, 12 Apr 94 15:20:10 EDT
|
|
From: dlmgam@AOL.COM
|
|
Subject: File 6--Possible Skipjack algorithm leak
|
|
|
|
The following comes from: PC Week ('The National Newspaper of
|
|
Corporate Computing') April 11, 1994, Volume 11, Number 14, page 162,
|
|
article by Spencer F. Katt. I quote:
|
|
|
|
"Spencer's Clipper chip paranoia tidbit of the week was provided by a
|
|
Beltway gossiper claiming the Clinton administration is fearful that
|
|
an upcoming spy trial may reveal that the Skipjack algorithm made its
|
|
way to the U.S.S.R. (when there was such a place). The tipster
|
|
claimed the administration was working hard to confirm either way."
|
|
|
|
If this IS true, or even if this MAY be true, then WHY is the
|
|
government still pushing the Clipper Chip? Are they next going to
|
|
tell us that the Clipper Chip can not be reverse-engineered even WITH
|
|
the Skipjack algorithm?
|
|
|
|
Even if this is NOT true, I think it DOES bring up yet another reason
|
|
why mandated encryption in conjunction with outlawing alternative
|
|
encryption schemes is a Bad Idea (as if the Constitution and Bill of
|
|
Rights were not already good enough reasons).
|
|
|
|
Katt can be reached at: spencer@pcweek.ziff.com
|
|
|
|
------------------------------
|
|
|
|
Date: Mon, 18 Apr 94 22:04:13 -0700
|
|
From: tmp@NETCOM.COM
|
|
Subject: File 7--Clipper Satire
|
|
|
|
|
|
THE ROYAL CASTLE
|
|
|
|
Office of the Imperial Secretary
|
|
|
|
____________________________________________________
|
|
|
|
For Immediate Release April 1, 1894
|
|
|
|
|
|
STATEMENT BY THE IMPERIAL SECRETARY
|
|
|
|
|
|
Our Glorious Emperor today announced a new initiative that will bring
|
|
the Imperial Government together with industry in an involuntary but
|
|
nevertheless magnificent program to improve the security and privacy
|
|
of restroom accommodations while meeting most of the critical needs
|
|
of official government spies.
|
|
|
|
The initiative will involve the creation of new products to accelerate
|
|
the development and deployment of advanced and secure latrine
|
|
networks and State sewage facilities.
|
|
|
|
For too long there has been great whining, shrieking, agitation, even
|
|
terrorism, sabotage -- and scurrilous insults upon His Honor! -- from
|
|
heretical revolutionaries aimed at our hallowed institutions of
|
|
imperial law enforcement, all desperate attempts to ridicule our
|
|
meticulously crafted rhetoric about the grave tensions of plumbing
|
|
entrepreneurialism threatening the holy, universally-accepted
|
|
sanctity of government sewage surveillance (both foreign and
|
|
domestic). Rather than use our grand imperial technology to
|
|
accommodate the compatible interests of plumbing vitality, individual
|
|
privacy, and State sewage inspections, recent events have pitted our
|
|
Imperial Government against communist revolutionaries and evil madmen
|
|
hellbent on evil destruction.
|
|
|
|
Sophisticated plumbing technology has been used for years for
|
|
freshwater transfer. It is now being used in newfangled -- and at
|
|
times somewhat scary -- contraptions called "toilets" to convey
|
|
wastewater to cleaning plants. While sound plumbing technology can
|
|
help royal subjects protect their drinking water from contamination
|
|
and leaks in the way of their official allotments, and effectively
|
|
rid dirty household wastes from personal concern, it can also be used
|
|
by terrorists, drug dealers, pedophiles and other criminals to
|
|
conceal invariably damning evidence -- i.e. when they flush it down
|
|
their toilets.
|
|
|
|
A state-of-the-art apparatus called the "Crapper Sieve" has been
|
|
developed by the most ingenious Imperial engineers. The device
|
|
represents a New World Order in plumbing technology. It can be used
|
|
in these new, relatively inexpensive plumbing devices ("toilets")
|
|
that are attached to ordinary pipes. It filters wastewater using a
|
|
sophisticated technique that is more powerful than many in use today
|
|
(note that most people are not currently using any at all).
|
|
|
|
This new technology will help individuals rid themselves of their
|
|
everyday wastes and prevent the embarrassing unauthorized release of
|
|
their personal bodily fluids. At the same time this technology
|
|
preserves the ability of Imperial, state and local law enforcement
|
|
agencies to intercept lawfully the characteristically damning refuse
|
|
of criminals.
|
|
|
|
A "key-escrow" system will be established to ensure that the "Crapper
|
|
Sieve" protects the privacy of loyal imperial subjects and
|
|
incriminates everyone else (erring of course on the side of ensuring
|
|
the highest levels of purity). Each device is equipped with a trapdoor
|
|
requiring two unique "keys" that will be used by authorized
|
|
government spies to intercept any damning evidence recovered by the
|
|
sieve. When the device is manufactured, the two keys will be
|
|
deposited separately in two "key-escrow" piles, at locations
|
|
designated by the Key Commissioner, to be disclosed at a future date,
|
|
but guaranteed to lie on closely-guarded Imperial property and be at
|
|
least two feet apart. Access to the piles will be strictly limited
|
|
to government spies with legal authorization to conduct a toilet-tap.
|
|
(Excessive bribes are explicitly prohibited.)
|
|
|
|
The "Crapper Sieve" technology provides Imperial spies with absolutely
|
|
no new authorities to access the content of the private sewage of
|
|
Imperial subjects. It merely upholds the status quo and Imperial
|
|
tradition of thorough, state-of-the-art waste monitoring programs.
|
|
|
|
To demonstrate the effectiveness of this new technology, the Key
|
|
Commissioner will soon purchase several thousand of the new devices
|
|
and install them free of cost to the government in select areas
|
|
(foreign embassies, crack houses, convention centers, and homes of
|
|
private citizens with names starting with letters `Q-Z', with `X'
|
|
exempt). In addition, acclaimed and celebrated experts seemingly
|
|
independent from the government will be offered access to the
|
|
confidential details of the sieve to assess its capabilities and
|
|
publicly report their wholehearted approval and effusive
|
|
commendations.
|
|
|
|
The Sieve is an important step in addressing the problem of plumbing's
|
|
dual-edge sword: plumbing helps to transport the waste of
|
|
individuals and industry, but it also can shield criminals and
|
|
terrorists. Clearly, we need the "Crapper Sieve" and other approaches
|
|
that can both provide loyal subjects with access to the plumbing they
|
|
need and prevent criminals from using it to hide their crimes against
|
|
the State. In order to assess technology trends and explore new
|
|
approaches (like the key-escrow system), Our Glorious Emperor has
|
|
directed all Imperial agencies to develop a comprehensive policy on
|
|
plumbing that addresses:
|
|
|
|
-- the obsession of privacy among our citizens, including the need to
|
|
employ plumbing for personal hygiene;
|
|
|
|
-- the ability of authorized official spies to access private
|
|
plumbing, under imperial edict or other equally impressive legal
|
|
order, when necessary to protect loyal subjects and imprison the
|
|
revolutionaries, troublemakers, and hooligans;
|
|
|
|
-- the effective and timely use of the most modern technology to build
|
|
the National Plumbing Infrastructure needed to maximize Imperial
|
|
taxes, monitor the populace, and isolate us from enemy countries;
|
|
|
|
-- the most expedient coercion on companies to manufacture what the
|
|
government identifies as appropriate high technology plumbing.
|
|
|
|
His Royal Highness has directed evasive and infrequent consultations
|
|
with affected parties as policy options are developed to prevent
|
|
state secrets from falling into the hands of the numerous enemy spies
|
|
and traitors that have infiltrated the country and lurk everywhere
|
|
among us.
|
|
|
|
Since plumbing technology will no doubt play an increasingly important
|
|
role in the National Plumbing Infrastructure, the Imperial Government
|
|
is acting quickly to implement it steathily and covertly, and
|
|
ruthlessly silence all dissent. His Splended Grandeur is committed
|
|
to policies that protect all loyalists' access to state-sponsored
|
|
sewage conveyance while also protecting them from the dangerous
|
|
lunatics and traitors among us that question reason and sabotage the
|
|
State via illicit sewage effluxes.
|
|
|
|
Further information is provided in an accompanying fact sheet.
|
|
For additional details, call Mat Heyman, National Institute of
|
|
Standards and Technology, (301) 975-2758.
|
|
|
|
-----------------------------------
|
|
|
|
QUESTIONS AND ANSWERS ABOUT THE IMPERIAL ROYALTY'S
|
|
"PLUMBING ESCROW" INITIATIVE
|
|
|
|
Q: Does this approach expand the authority of government spies to
|
|
tap sewage flows?
|
|
|
|
A: No. "Crapper Sieve" technology provides law enforcement with no
|
|
new authorities to access the content of the private sewage of
|
|
loyal citizens. Imperial spies and police in our administration
|
|
have always routinely intercepted illegal refuse. Rest assured that
|
|
only disloyal citizens will ever be subject to inspections.
|
|
|
|
Q: Who will run the key-escrow data banks?
|
|
|
|
A: The two key-escrow data banks will be run by two independent
|
|
entities, for example, His Royal Gloriousness and his current
|
|
mistress, or trusted Imperial advisors while they are "busy".
|
|
|
|
Q: How strong is the security in the device? How can I be sure
|
|
how strong the security is?
|
|
|
|
A: We are pleased to inform you that this system affords the state
|
|
the highest level of security. While the device plans will remain
|
|
secret to perpetuate Imperial authoritarianism and control over
|
|
subjects, we are willing to invite an independent panel of
|
|
plumbing experts to evaluate the scheme if they promise to assure
|
|
all potential users that there are no vulnerabilities and
|
|
compliment His Royal Emminence in some novel and pleasant way.
|
|
|
|
Q: Whose decision was it to propose this product?
|
|
|
|
A: Ours.
|
|
|
|
Q: Who was consulted?
|
|
|
|
A: Miscellaneous bureacrats at every level in the administration. Even
|
|
His Highest Magnificence was even present on one occasion.
|
|
|
|
Q: Will the government provide the hardware to manufacturers?
|
|
|
|
A: Absolutely not! Manufacturers will be required to provide the
|
|
hardware to the Imperial Royalty.
|
|
|
|
Q: How do I buy one of these sieve devices?
|
|
|
|
A: We are in the process of coercing all latrine manufacturers to
|
|
incorporate the "Crapper Sieve" into their devices. Eventually you
|
|
will pay through an invisible "Crapper Tax".
|
|
|
|
Q: If the Imperial Administration were unable to find a
|
|
technological solution like the one proposed, would the Royalty
|
|
have to resort to more extreme measures, such as torture?
|
|
|
|
A: The Royalty is not saying, "since private toilets threaten the
|
|
public safety and effective government spying, we will prohibit
|
|
them outright"; nor are we saying that "every citizen, as a matter
|
|
of right, is entitled to unmonitored sewage." There is a false
|
|
"tension" created in the assessment that this issue is an
|
|
"either-or" proposition. Rather, both concerns can be, and in fact
|
|
are, harmoniously balanced through a reasoned, balanced approach
|
|
such as is proposed with the "Crapper Sieve".
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #6.35
|
|
************************************
|
|
|