[comp.org.eff.talk] Evidence

spaf@cs.purdue.EDU (Gene Spafford) (09/07/90)

In article <55@hyprion.ddmi.com> rabbit@hyprion.UUCP (Dr. Roger Rabbit) writes:
>You know - I wonder why the SS just doesn't get a computer expert to 
>come with them to the site of the raid and duplicate the hard drive
>contents? Why do they need to take someone's machine?? ... And, I DON'T
>want to hear anything that implies that "Oh well, if we're raiding them,
>they must be guilty of something...."

Believe it or not, it has to do with your rights to trial and to
challenge evidence.  As it has been explained to me by lawyer-types
(prosecutors and "private" lawyers alike), there is the concept of
"best evidence."  If something is going to be introduced as evidence
in a trial, the law requires that the best version of the evidence be
produced, i.e., the original version, if possible.  If a copy was
introduced, the defense could challenge it and claim that the copy was
not the same as the original -- that it had been doctored by the
prosecution to make it look bad, or that accidental changes had been
made, or that it wasn't a complete copy.  According to both statute
and case law, that objection would probably have to be sustained.
Thus, a copy might not be admissable as evidence, and it is difficult
to make a case when you can't introduce evidence!

That's one reason why, when something is under investigation, they
continue to hold the system long after the search warrant has been
executed -- if an indictment is brought later, they need the system as
evidence in the trial.  If a challenge is made by the defendant about
the material introduced as evidence, the prosecution needs to be able
to fire up the system in the courtroom to prove their point. 

(I'm told that the normal course of prosecution is such that it may
take upwards of 2 years for an indictment to be made.  Thus, the
equipment needs to be held all that time.  This is a hardship for the
defendant, but not at all unusual -- cases involving the seizure of
cars, boats, printing presses (in counterfeiting cases), business
records and so on often result in in the material being held for
similar lengths of time.  The belief is that it is more important to
preserve the evidence to allow you to challenge it in court than it is
to return it to you quickly.)

Certainly, the prosecution could produce the experts to claim that a
copy was a true and accurate copy, but the defense could have a lot of
fun trying to cast doubt in the jury's minds by holding up 3.5" floopy
disks and pointing at mounds of printouts and asking the experts to
explain how they know it's a true copy, and how all that data is
encoded, and how the know the software is correct and....  Ever try
explaining all that to someone who is doesn't know about computers and
may be mildlu computer-phobic?  Now imagine explaining that to a jury
of 12 similar people and convincing them beyond any reasonable doubt.

Also, btw, that is part of the reason why peripherals are also taken
during search warrants -- they are part of the system, and if the
prosecution is going to print off copies of things, it needs to be
done without "contaminating" the system with "outside" equipment or
software.  (I'm also told {and have seen} that the law enforcement
agencies have very limited equipment resources, and the only way they
can be sure to have a printer that works with the hardware/software on
the confiscated system is to take the printer that's already
attached.)

Obviously, this is pretty silly -- as computer literate individuals,
we understand that copies (when done correctly) are exactly the same
as the originals, but the law wasn't developed by people who know
computers.  The law was developed when evidence was paper files or
adding machine tapes, and xerox copies or handwritten copies were not
allowed if the originals were available.

(Someone made a snide comment earlier about SJ Games' laser printer
being taken.  It is my understanding that the above rationale is
standard practice with the Feds.  If you look in the NIJ (National
Institutes of Justice) handbooks and similar texts on organizing
computer crime investigation, you will see the same thing given as
advice to local law enforcement types.  If you don't like it, contact
your Congress-criter about amendments to the Federal rules of evidence
-- don't continue to abuse me for reporting information that I have
spent time researching.)

mnemonic@walt.cc.utexas.edu (Mike Godwin) (09/08/90)

Gene Spafford lectures on evidence law:

>Believe it or not, it has to do with your rights to trial and to
>challenge evidence.  As it has been explained to me by lawyer-types
>(prosecutors and "private" lawyers alike), there is the concept of
>"best evidence."

The "best evidence rule" has been modified by the Federal Rules of
Evidence both in reference to duplicates and in reference to
computer data. These rules were adopted by Congress in 1975. See below.

>  If something is going to be introduced as evidence
>in a trial, the law requires that the best version of the evidence be
>produced, i.e., the original version, if possible.  If a copy was
>introduced, the defense could challenge it and claim that the copy was
>not the same as the original -- that it had been doctored by the
>prosecution to make it look bad, or that accidental changes had been
>made, or that it wasn't a complete copy.  According to both statute
>and case law, that objection would probably have to be sustained.
>Thus, a copy might not be admissable as evidence, and it is difficult
>to make a case when you can't introduce evidence!

It would help if you actual read some evidence law rather than relying
on anedotal recitations of common-law evidence rules from the prosecutors
you talk to. Consider the following excerpts from Article X of the
Federal Rules of Evidence:

    Rule 1001. Definitions
    For purposes of this article the following definitions are applicable:
    [text omitted]

    (3) Original. An "original" of a writing or recording is the writing or
    recording itself or any counterpart intended to have the same effect
    by a person executing or issuing it. An "original" of a photograph
    includes the negative or any print therefrom. If data are stored in
    a computer or similar device, any printout or output readable by sight,
    shown to reflect the data accurately, is an "original."

    (4) Duplicate. A "duplicate" is a counterpart produced by the same
    impression as the original, or from the same matrix, or by means of 
    photography, including enlargements and miniatures, or by mechanical
    or electronic re-recording, or by chemical reproduction, or by other
    equivalent techniques which accurately reproduce the original.


    Rule 1002. Requirement of Original
    [This is the common-law Best Evidence Rule as it has been codified
    in the Federal Rules of Evidence; it is therefore the rule to which
    Spafford refers.]
    To prove the content of a writing, recording, or photograph, the
    original writing, recording, or photograph is required, except as
    otherwise provided in these rules or by Act of Congress.


    Rule 1003. Admissibility of Duplicates.
    [This is the rule Spafford hasn't heard of.]
    A duplicate is admissible to the same extent as an original unless
    (1) a genuine question is raised as to the authenticity of the original
    or (2) in the circumstances it would be unfair to admit the duplicate
    in lieu of the original.


Two points should be noted here. First, it is clear that a printout of
the contents of a hard disk counts as an original under the definitions
section. Second, duplicates are admissible unless there is some dispute
as to their provenance.

As a practical matter, all the Assistant U.S. Attorney would have to do
is direct that duplicates be made, then put on witnesses as to the
duplication process. The duplicated data would then be admissible.
(Of course, as a practical matter, only "duplicates" would ever be
admitted into evidence--the actual hard disk would almost certainly
NOT be admitted into evidence, since its mere presence is not evidence of
of its content.)

>That's one reason why, when something is under investigation, they
>continue to hold the system long after the search warrant has been
>executed -- if an indictment is brought later, they need the system as
>evidence in the trial.  If a challenge is made by the defendant about
>the material introduced as evidence, the prosecution needs to be able
>to fire up the system in the courtroom to prove their point. 

They need to do this about as often as they need to drive cars into
the courtroom to demonstrate getaway tactics.

Even if the prosecution anticipates that there will be a dispute over
the provenance of any duplicates made, it hardly prevents the U.S.
Attorney's office from giving the defendant *duplicates* of the siezed
information. And few if any judges will sustain an objection over the
prosecution's expert testimony showing chain of custody.

Moreover, Spafford's comment does not address the First, Fourth, and Fifth
Amendment implications of seizure of a *non*-defendant's property.

>(I'm told that the normal course of prosecution is such that it may
>take upwards of 2 years for an indictment to be made.  Thus, the
>equipment needs to be held all that time.  This is a hardship for the
>defendant, but not at all unusual -- cases involving the seizure of
>cars, boats, printing presses (in counterfeiting cases), business
>records and so on often result in in the material being held for
>similar lengths of time.  The belief is that it is more important to
>preserve the evidence to allow you to challenge it in court than it is
>to return it to you quickly.)

It is also believed that any pressure brought to bear on the defendant
provides additional motivation for plea bargains.

>Certainly, the prosecution could produce the experts to claim that a
>copy was a true and accurate copy, but the defense could have a lot of
>fun trying to cast doubt in the jury's minds by holding up 3.5" floopy
>disks and pointing at mounds of printouts and asking the experts to
>explain how they know it's a true copy, and how all that data is
>encoded, and how the know the software is correct and....  Ever try
>explaining all that to someone who is doesn't know about computers and
>may be mildlu computer-phobic?

I do not share Spafford's contempt for juries. Juries have managed to
learn and make decisions about complex matters since the beginning
of the Republic. And the fact that a 3.5-inch floppy disk can hold
the equivalent of pages and pages of text is not a complex matter; I
defy you, Spafford, to find a single potential juror who would have
trouble believing that such a disk could hold that much data, once
you assured him that it could.

>Now imagine explaining that to a jury
>of 12 similar people and convincing them beyond any reasonable doubt.

This is no great challenge.

>(I'm also told {and have seen} that the law enforcement
>agencies have very limited equipment resources, and the only way they
>can be sure to have a printer that works with the hardware/software on
>the confiscated system is to take the printer that's already
>attached.)

So we're too believe that the Feds have to keep Steve Jackson's
LaserJet because the federal government can't afford one of its own?
Been down to the federal courthouse lately, Gene? Back when I was
a law clerk, I used to visit it all the time. Amazingly, they seem
able to afford all sorts of equipment.

>(Someone made a snide comment earlier about SJ Games' laser printer
>being taken.  It is my understanding that the above rationale is
>standard practice with the Feds.  If you look in the NIJ (National
>Institutes of Justice) handbooks and similar texts on organizing
>computer crime investigation, you will see the same thing given as
>advice to local law enforcement types.  If you don't like it, contact
>your Congress-criter about amendments to the Federal rules of evidence
>-- don't continue to abuse me for reporting information that I have
>spent time researching.)

Your research is minimal, so far as I can tell. Example: the NIJ
handbooks are *not statutory law*. You don't need to have your Congressman
amend the Federal Rules of Evidence to change the handbook provisions.

Rather than take Spafford's "researching" at face value, I advise
readers of this conference to take a look at legal scholarship concerning
the Best Evidence Rule. A good place to start is Cleary and Strong,
"The Best Evidence Rule: An Evaluation in Context," 51 Iowa L.Review 825,
1966. The authors note, inter alia, that the need for strict readings
of the Best Evidence Rule has been reduced by modern legal procedures
as well as by modern technology.


--Mike




Mike Godwin, UT Law School  |    "We need a new cosmology.
mnemonic@ccwf.cc.utexas.edu |     New Gods. New Sacraments. 
(512) 346-4190              |     Another drink."
                            |          --Patti Smith

a577@mindlink.UUCP (Curt Sampson) (09/08/90)

> spaf@cs.purdue.EDU writes:
> 
> That's one reason why, when something is under investigation, they
> continue to hold the system long after the search warrant has been
> executed -- if an indictment is brought later, they need the system as
> evidence in the trial.  If a challenge is made by the defendant about
> the material introduced as evidence, the prosecution needs to be able
> to fire up the system in the courtroom to prove their point.

The problem with this, and allowing originals but not copies to be used as
evidence, is that it's so easy to change the original undetectably!  If I have
some files on disk, it's very easy for pretty much anybody to go in and change
files with a text editor, and who would ever know?  If it's on an IBM you can
set the system date and time to absolutely anything you like with a simple DOS
command.
I guess that this is yet another reason we need the EFF.

Incidently, were I to use my computer to do anything illegal, I certainly
wouldn't be foolish enough to leave my data on disk where anybody could see it.
For sixty or seventy dollars you can buy a copy of PC-Tools and DES encrypt all
of your important files.  There are any number of programs around that will let
you encrypt files for free (PKZIP with the -s option, for example), though I'm
not sure how secure these are.  With PC-Tools you just have to do a COMPRESS
(which defragments the disk and clears all empty clusters) after you encrypt
all of your sensitive stuff and presto, no evidence.  I think that the ease of
encrypting data (and then making multiple copies of it in case of loss) is
going to make law enforcement's job a lot tougher in the future.

        -cjs    ( Curt_Sampson@mindlink.UUCP )

browns@iccgcc.decnet.ab.com (Stan Brown, Oak Road Systems) (09/12/90)

In article <36981@ut-emx>, mnemonic@walt.cc.utexas.edu (Mike Godwin) writes:

[lots of interesting stuff, with (thank goodness) citations so we know
he's not just making it up.  Editorial comment: if persons who disagree
with others would give their references instead of just saying, "Believe
me because I'VE DONE RESEARCH," the signal-to-noise ratio of this and
other newsgroups would rise.  Of course the volume of postings would
probably shrink!  :-) ]

But to get to the point, I'd like to ask some questions.  I'm posting
rather than emailing because I think there may be general interest.

>              Consider the following excerpts from Article X of the
> Federal Rules of Evidence:
>
>     Rule 1001. Definitions
>     For purposes of this article the following definitions are applicable:
>     [text omitted]
>
>     (3) Original. An "original" of a writing or recording is the writing or
>     recording itself or any counterpart intended to have the same effect
>     by a person executing or issuing it. An "original" of a photograph
>     includes the negative or any print therefrom. If data are stored in
>     a computer or similar device, any printout or output readable by sight,
>     shown to reflect the data accurately, is an "original."

Mike, how can the contents of a hard disk be printed in a way that meets
this definition?  I'm not thinking of ASCII files, which obviously
present no problem.  I suppose dBASE files and spreadsheet commands can
be printed using their internal print commands.  But what about .EXE
files and similar binary stuff?

>     (4) Duplicate. A "duplicate" is a counterpart produced by the same
>     impression as the original, or from the same matrix, or by means of
>     photography, including enlargements and miniatures, or by mechanical
>     or electronic re-recording, or by chemical reproduction, or by other
>     equivalent techniques which accurately reproduce the original.

Does this definition include ordinary photocopies as duplicates?

I understand handwritten copies are not "duplicates" as defined above,
but are they completely invalid or valid only when nothing better is
available?

>     Rule 1002. Requirement of Original
>     [This is the common-law Best Evidence Rule as it has been codified
>     in the Federal Rules of Evidence; it is therefore the rule to which
>     Spafford refers.]
>     To prove the content of a writing, recording, or photograph, the
>     original writing, recording, or photograph is required, except as
>     otherwise provided in these rules or by Act of Congress.
>
>     Rule 1003. Admissibility of Duplicates.
>     [This is the rule Spafford hasn't heard of.]
>     A duplicate is admissible to the same extent as an original unless
>     (1) a genuine question is raised

Presumably as opposed to a frivolous question, just to delay things?

>                                      as to the authenticity of the original
                                                                     ^^^^^^^^
Shouldn't that be duplicate?

>     or (2) in the circumstances it would be unfair to admit the duplicate
>     in lieu of the original.

I'm curious--couldd you give an example of (2)?

[>> = earlier posting by Gene Spafford]
>>(I'm told that the normal course of prosecution is such that it may
>>take upwards of 2 years for an indictment to be made.  Thus, the
>>equipment needs to be held all that time.  This is a hardship for the
>>defendant, but not at all unusual -- cases involving the seizure of
>>cars, boats, printing presses (in counterfeiting cases), business
>>records and so on often result in in the material being held for
>>similar lengths of time.  The belief is that it is more important to
>>preserve the evidence to allow you to challenge it in court than it is
>>to return it to you quickly.)
>
> It is also believed that any pressure brought to bear on the defendant
> provides additional motivation for plea bargains.

Seems like one of the many unfair parts of RICO, that it
institutionalizes seizure onm indictment.  And the seizure itself may
work irretrievable harm, even if the defendant is found innocent and the
property ultimately restored.

Stan Brown, Oak Road Systems, Cleveland, Ohio, U.S.A.         (216) 371-0043
The opinions expressed are mine. Mine alone!  Nobody else is responsible for
them or even endorses them--except my cat Dexter, and he signed the power of
attorney only under my threat to cut off his Cat Chow!

fnord@spdcc.COM (Dan Schaeffer) (09/13/90)

Let's keep in mind also the purpose of the "Best Evidence Rule," a
concept which manages to elude a fairly steady stream of lawyers and
judges, despite its simplicity.

The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, says
the following:
"To prove the content of a writing, recording, or photograph, the original
 writing, recording, or photograph is required, except as otherwise
 provided in these rules or by Act of Congress."

What does this mean?  The key phrase is "[t]o prove the content".  All it
says is that a witness can't just get up on the stand and say, "Yes, the
document in issue says X."  If you want to prove that the document says
X, you have to have the document.  Whether it can be a duplicate or must
be an original is dependent on factors noted in other rules.

There are some exceptions to this Best Evidence Rule, such as for expert
witnesses, but essentially, that's it: you can't say what a document
contains; you have to produce the document itself.

D. J. Schaeffer
"Loewenstein, Loewenstein." 
[fnord@ursa-major.spdcc.com]

jmc@Gang-of-Four.usenet (John McCarthy) (09/13/90)

As far as I can see, no-one actually answered Gene Spafford's question
about whether the law sees a difference between the New York Times
and a basement produced sheet.  I have never heard of such a difference
being argued in a censorship case.  The legal movement has been in
the direction off erasing differences.  For example, advertisements
have been granted First Amendment protection to some extent.

Concerning "best evidence".  There obviously needs to be some
compromise here between keeping evidence and letting someone
get on with his work.  There are several possibilities.

1. A person's disk could be printed and he could stipulate via
his lawyer that the printout was correct.  Then he could have
his disk back.  When facts are stipulated by the prosecution
and defense, judges permit reneging on the stipulation only
in exceptional cases.

2. He could have a right to a copy of the confiscated files.

3. If his computer was an IBM PC XT, this could be stipulated,
and he could get his computer back.  Any PC XT or the documentation
of the PC XT would be acceptable evidence if he should destroy
the one he got back.

I believe courts would support such compromises on the grounds
that refusal by prosecutors to make them would constitute
"unreasonable search and seizure".

mnemonic@walt.cc.utexas.edu (Mike Godwin) (09/13/90)

In article <856.26ed16bf@iccgcc.decnet.ab.com> browns@iccgcc.decnet.ab.com (Stan Brown, Oak Road Systems) writes:
>
>Mike, how can the contents of a hard disk be printed in a way that meets
>this definition?  I'm not thinking of ASCII files, which obviously
>present no problem.  I suppose dBASE files and spreadsheet commands can
>be printed using their internal print commands.  But what about .EXE
>files and similar binary stuff?

Well, let me note first of all that in most of the seizures I know
about, it's been the text files that have been of primary interest to
law-enforcement folks.

But let's say they want to prove software piracy. Since the rules
of evidence allow some kinds of duplicates to be considered, in
effect, originals, and other kinds of duplicates to be just as
admissible as originals, the logical thing to do, it seems to me,
would be to have the government witness download binary files from
the system in question, then run it on her own system or on the
government's. That should be testimony sufficient to persuade a
jury that software theft was going on.

The problem is, neither the issues nor the procedures have been
hammered out yet. There may be cases we haven't anticipated, and
the procedures err on the side of inclusiveness precisely because
the law-enforcement establishment is so hazy on what the legal
and social issues are.

>Does this definition include ordinary photocopies as duplicates?

Yes.

>I understand handwritten copies are not "duplicates" as defined above,
>but are they completely invalid or valid only when nothing better is
>available?

The latter.

>>     Rule 1003. Admissibility of Duplicates.
>>     [This is the rule Spafford hasn't heard of.]
>>     A duplicate is admissible to the same extent as an original unless
>>     (1) a genuine question is raised
>
>Presumably as opposed to a frivolous question, just to delay things?

Right. Judges know when the challenge is frivolous.

>>                                      as to the authenticity of the original
>                                                                     ^^^^^^^^
>Shouldn't that be duplicate?

No. This clause applies, I think, to cases in which it is not the document's
contents but the document's authenticity that is in question. (E.g., the
Howard Hughes will that left money to Melvin Dummar.)

>>     or (2) in the circumstances it would be unfair to admit the duplicate
>>     in lieu of the original.
>
>I'm curious--couldd you give an example of (2)?

Not offhand. It may be that the drafters had no particular example in mind,
but wanted to leave an out in the event that an obvious unfairness came
along.

>> It is also believed that any pressure brought to bear on the defendant
>> provides additional motivation for plea bargains.
>
>Seems like one of the many unfair parts of RICO, that it
>institutionalizes seizure onm indictment.  And the seizure itself may
>work irretrievable harm, even if the defendant is found innocent and the
>property ultimately restored.

You'll find no disagreement here on that score.



--Mike




Mike Godwin, UT Law School  |"If the doors of perception were cleansed
mnemonic@ccwf.cc.utexas.edu | every thing would appear to man as it is,
(512) 346-4190              | infinite."
                            |                 --Blake

mnemonic@walt.cc.utexas.edu (Mike Godwin) (09/13/90)

In article <JMC.90Sep12150942@Gang-of-Four.usenet> jmc@Gang-of-Four.usenet (John McCarthy) writes:
>As far as I can see, no-one actually answered Gene Spafford's question
>about whether the law sees a difference between the New York Times
>and a basement produced sheet.

I have twice posted citations on this point of law; I assume propagation
delay has prevvented them from reaching you. If you or anyone else needs
them again, drop me a line.

And for a quick answer: the law sees no difference between the two.


--Mike


Mike Godwin, UT Law School  |"If the doors of perception were cleansed
mnemonic@ccwf.cc.utexas.edu | every thing would appear to man as it is,
(512) 346-4190              | infinite."
                            |                 --Blake

gl8f@astsun.astro.Virginia.EDU (Greg Lindahl) (09/13/90)

In article <JMC.90Sep12150942@Gang-of-Four.usenet> jmc@Gang-of-Four.usenet (John McCarthy) writes:
>As far as I can see, no-one actually answered Gene Spafford's question
>about whether the law sees a difference between the New York Times
>and a basement produced sheet.

Spaf only asked because he seemed to think that someone said it was ok
to print nasty stuff (credit card #'s, libel, slander) if you were
part of the "press".

Nobody claimed that. Like many discussions on Usenet, this one isn't
going anywhere fast.

--
"Perhaps I'm commenting a bit cynically, but I think I'm qualified to."
                                              - Dan Bernstein

a577@mindlink.UUCP (Curt Sampson) (09/13/90)

> brad@looking.on.ca writes:
> 
> If I were a computer criminal, I might just create a very special printer
> with a bank of non-volitile storage in it.  Or, for that matter, just buy one
> of the modern printers you can get these days with 4 megs ram, etc.
> 
> I would use that storage, normally, to keep all the stolen access codes,
> calling card numbers, and other incriminating data.   Pretty easy, with the
> high speed link I have to my printer, to fetch the codes from it.

Sounds like a lot of trouble to me.  Why not just take your infomation and DES
encrypt it with any of the popular packages that do this (such ask PKZIP, which
will compress it while you're at it)?  Then just conveniently "forget" the
password.  If you want to hide it a little better you might write a program
that will attach it to the end of a .EXE file, so that it looks like just
another overlay.

It would take 30 seconds to encrypt or decrypt and attach or unattach a largish
file to, say, TELIX.EXE (or substitute your favourite executable for your
favourite OS here) if you knew the password.

        -cjs    ( Curt_Sampson@mindlink.UUCP )

brad@looking.on.ca (Brad Templeton) (09/14/90)

I have always been amused at reading how the goons confiscate printers
when they move in.  How silly!  Yet it got me thinking...

If I were a computer criminal, I might just create a very special printer
with a bank of non-volitile storage in it.  Or, for that matter, just buy
one of the modern printers you can get these days with 4 megs ram, etc.

I would use that storage, normally, to keep all the stolen access codes,
calling card numbers, and other incriminating data.   Pretty easy, with the
high speed link I have to my printer, to fetch the codes from it.

(I would also have the machine erase stuff if disconnected improperly,
keeping backups somewhere far away.)

Or I could hide this info in little hidden places in all kinds of
semi-smart or smart peripherals -- including some off the shelf.

So if we fight (correctly) to stop them from confiscating everything, this
may drive the real criminals to such tricks, which may lead to grander
confiscation.  I point this out -- I don't know if there's an answer.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

iceman@Apple.COM (Ice) (09/15/90)

|> (Curt Sampson) writes:
|Sounds like a lot of trouble to me.  Why not just take your infomation and DES
|encrypt it with any of the popular packages that do this (such ask PKZIP, which
|will compress it while you're at it)?  Then just conveniently "forget" the
|password.  If you want to hide it a little better you might write a program
|that will attach it to the end of a .EXE file, so that it looks like just
|another overlay.

  It is one thing to talk about conveniently forgetting your password,
and quite another thing to say that when the SS guys have you handcuffed
to your sofa describing your upcoming prison term.  I personally know that
in such a situation I would find that my memory was working pretty well.
If the SS KNOWS that the files are encyrpted, they will lean on you.
Better to disguise them, via your overlay idea or whatever.
 
  As a standard security measure, I rewrote parts of the Resource and File
Managers on my Mac.  Files created under the modified system look like
junk to the old system, but the new system can read the old files.  Thus,
I do most of my daily work under the old system, but when I am doing very
sensitive work, I boot off a floppy that installs the appropriate toolbox
patches, and -presto!- text files appear where there was only garbage'd
resource files before.  Nice and transparent, and even a Mac Hacker would
write off the "encrypted" files as junk, since the normal OS can't even
read them.

  :-) As for SS-proof backup, I recommend taking your valuable text files
and posting stories to alt.sex.bondage that have the data encoded in them
via the first word of each sentence, first char of every word
(except 'a' and 'the'), etc.
That way, you can be sure to get your data back by going to any NetNews
site and downloading stuff from the story archives :-)!  

=short example=
Samuel's erotic carresses ravaged the exquistely taunt stomach, each raking 
violently into crying Eve, gyrating openly, her orgasm making every
neural-receptor open wide.   

  Hey, it worked for those Rose-Cross fellows!  Perhaps someone could write
an a.s.b. auto-encryptor - you give it the text file, it turns it into an
a.s.b. story.  I can't imagine the algorithm would be too difficult.

 -ice

"Um..."  
  - Zippy the pinhead

a577@mindlink.UUCP (Curt Sampson) (09/15/90)

> iceman@Apple.COM writes:
> 
> |> (Curt Sampson) writes:
> |Sounds like a lot of trouble to me.  Why not just take your infomation and
> DES |encrypt it with any of the popular packages that do this (such ask
> PKZIP, which |will compress it while you're at it)?  Then just conveniently
> "forget" the |password.
> 
>   It is one thing to talk about conveniently forgetting your password,
> and quite another thing to say that when the SS guys have you handcuffed to
> your sofa describing your upcoming prison term.  I personally know that in
> such a situation I would find that my memory was working pretty well. If the
> SS KNOWS that the files are encyrpted, they will lean on you.
> Better to disguise them, via your overlay idea or whatever.

This statement saddens me quite a bit.  I was, of course, thinking of
"forgetting" the password while being interrogated in court.  The tactics your
SS use don't seem to be much different from those of various governments in
Central America.

        -cjs    ( Curt_Sampson@mindlink.UUCP )

n357cw@tamuts.tamu.edu (Kevin Alexander) (09/17/90)

Let me ask this of the Usenet readersip...  Suppose I were to post
100's of Credit Card numbers, or login procedures for sensitive
computers, or AT&T proprietary source code on one of the newsgroups..
When this message would be distributed throughout the world, would the
Secret Service be able to confiscate each machine which that particular
posting resides?  

This is the same thing that happens to many BBS operators (SysOps) when
a user or two posts "non-public-domain" messages and the SS catches it
before the SysOp can delete it..

Makes you wonder.........

------
Kevin Alexander
n357cw@tamuts.tamu.edu
(no fancy .sig needed)

john@qip.UUCP (John Moore) (09/18/90)

In article <8306@helios.TAMU.EDU> n357cw@tamuts.tamu.edu (Kevin Alexander) writes:
]Let me ask this of the Usenet readersip...  Suppose I were to post
]100's of Credit Card numbers, or login procedures for sensitive
]computers, or AT&T proprietary source code on one of the newsgroups..
]When this message would be distributed throughout the world, would the
]Secret Service be able to confiscate each machine which that particular
]posting resides?  

By their current logic, they could go to each site, hold everyone
at gunpoint, and snatch all the computers. If they really did this,
can you imagine the havoc it would cause!
-- 
John Moore HAM:NJ7E/CAP:T-Bird 381 {ames!ncar!noao!asuvax,mcdphx}!anasaz!john 
USnail: 7525 Clearwater Pkwy, Scottsdale,AZ 85253 anasaz!john@asuvax.eas.asu.edu
Voice: (602) 951-9326         Wishful Thinking: Long palladium, Short Petroleum
Opinion: Support ALL of the bill of rights, INCLUDING the 2nd amendment!

brnstnd@kramden.acf.nyu.edu (Dan Bernstein) (09/18/90)

In article <8306@helios.TAMU.EDU> n357cw@tamuts.tamu.edu (Kevin Alexander) writes:
> Let me ask this of the Usenet readersip...  Suppose I were to post
> 100's of Credit Card numbers, or login procedures for sensitive
> computers, or AT&T proprietary source code on one of the newsgroups..
> When this message would be distributed throughout the world, would the
> Secret Service be able to confiscate each machine which that particular
> posting resides?  

Suppose you were to publish the same information in an advertisement in
a national newspaper. When that advertisement would be distributed
throughout the world, would the Secret Service be able to confiscate
each newspaper in which that particular advertisement resides?

One might ask the same question about any other communications medium.

---Dan

john@qip.UUCP (John Moore) (09/19/90)

In article <26938:Sep1814:48:2390@kramden.acf.nyu.edu> brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
][In article <8306@helios.TAMU.EDU> n357cw@tamuts.tamu.edu (Kevin Alexander) writes:
][> Let me ask this of the Usenet readersip...  Suppose I were to post
][> 100's of Credit Card numbers, or login procedures for sensitive
][> computers, or AT&T proprietary source code on one of the newsgroups..
][> When this message would be distributed throughout the world, would the
][> Secret Service be able to confiscate each machine which that particular
][> posting resides?  
][
][Suppose you were to publish the same information in an advertisement in
][a national newspaper. When that advertisement would be distributed
][throughout the world, would the Secret Service be able to confiscate
][each newspaper in which that particular advertisement resides?
The newspaper would not publish the list in the first place. Electronic media
is special in that frequently there is no editor.
-- 
John Moore HAM:NJ7E/CAP:T-Bird 381 {ames!ncar!noao!asuvax,mcdphx}!anasaz!john 
USnail: 7525 Clearwater Pkwy, Scottsdale,AZ 85253 anasaz!john@asuvax.eas.asu.edu
Voice: (602) 951-9326         Wishful Thinking: Long palladium, Short Petroleum
Opinion: Support ALL of the bill of rights, INCLUDING the 2nd amendment!

bzs@world.std.com (Barry Shein) (09/20/90)

Reading over these discussions indicates to me there really is a need
for some overview or reference to basic law as regards freedom of
speech and freedom of press and other related issues.

>The newspaper would not publish the list in the first place. Electronic media
>is special in that frequently there is no editor.

This raises all sorts of issues I am only dimly aware of.

A "newspaper" has more than one part, as far as freedom of the press
is concerned.

Parts which are "news" are much freer from various allegations of
wrongdoing than parts which are editorials, ads etc.

The basic rationale is that in order to publish real news in a timely
fashion there is limited ability (time) to substantiate all facts.

However, the same does not apply to sections like opinion columns
which, one presumes, are authored with more time to check facts.

On a related note, I believe the copyright laws as apply to news
proper are quite different than other publishing copyrights (don't
they only retain rights for something like four days? Maybe that was
hearsay, but I'd like to hear from someone who knows.)

And ads have their own set of standards entirely, not the least of
which is caused by multiple independent parties being involved. For
example, a paper might take an innocuous sounding classified ad which
turns out to be quite criminal in its intent (e.g. fraudulant claims)
and not be held liable in any way.

Obviously the paper can't check every ad although some things are
considered to fall within the purview of common sense (e.g. full page
miracle cancer-cure ads, blatant advertisements for prostitution the
paper could be held (ir)responsible for.)

On another dimension, the telephone company, by virtue of its being a
common carrier and having no editorial function, is not held
responsible in the slightest for whatever criminal acts you might
commit over their lines. The extent of their responsibility is to
cooperate with law enforcement agencies when requested (properly.)

Now, on yet another dimension (!) there certainly seems to be some
sort of perception of "ability and intent to edit" smattered
throughout.

For example, short of the obscenity laws perhaps, there would seem to
be a difference between my doing a live "man on the street" TV segment
and one of those street-men blurting into the mike "Candidate George
is in bed with the Mafia!" versus the station's manager using his/her
editorial spot to make the same claim.

The point being, the existence and/or claim of a editorial presence
seems to be in there somewhere, at least conceptually, but what does
the law actually say?

These issues seem, to me anyhow, to be very critical and fundamental
to the entire issue of "electronic speech".

What does the law say about common carriers?

What does the law say about an editorial presence? Timeliness?

How do these relate to e-mail, electronic publications, public access
systems (BBS), USENET, etc?

Interesting questions. But I feel like we're all groping around in the
dark (perhaps everyone is!)
-- 
        -Barry Shein

Software Tool & Die    | {xylogics,uunet}!world!bzs | bzs@world.std.com
Purveyors to the Trade | Voice: 617-739-0202        | Login: 617-739-WRLD

denning@src.dec.com (Dorothy Denning) (09/20/90)

Mike Godwin's insistance that the real issues weren't addressed at
the Neidorf trial reminds me of the following story:

A lawyer, a law student, and a judge were sharing a beer in a bar.
The lawyer said "In my courtroom, I call the issues as I see them."
The student said "In my courtroom, I will call the issues as they
really are."  The judge said "In my courtroom, they ain't nothing
til I call them."

Dorothy
denning@src.dec.com

edp@ipl31.enet.dec.com (Eric Postpischil (Always mount a scratch monkey.)) (09/20/90)

In article <4572@qip.UUCP>, john@qip.UUCP (John Moore) writes:

>][Suppose you were to publish the same information in an advertisement in
>][a national newspaper. When that advertisement would be distributed
>][throughout the world, would the Secret Service be able to confiscate
>][each newspaper in which that particular advertisement resides?

>The newspaper would not publish the list in the first place. Electronic media
>is special in that frequently there is no editor.

First, that's just begging the question.  You haven't answered it, just avoided
it.

Second, it well might happen.  Most newspapers probably wouldn't publish if they
knew what the list was.  But suppose you just took out an ad and supplied a
bunch of numbers to print -- some newspapers might print it.

Supposing they did, what's the answer to the question?


				-- edp

mellman@motcid.UUCP (Tom Mellman) (09/21/90)

In article <1990Sep19.184804.3012@src.dec.com> denning@src.dec.com (Dorothy Denning) writes:
>Mike Godwin's insistance that the real issues weren't addressed at
>the Neidorf trial reminds me of the following story:
>
>    [ funny story about how Power Determines Reality deleted. ]
 
I'd say the "real issue" is in the eye of the beholder.  In my
eye, it's  not  how Neidorf can escape the wrath of a mercenary FBI,
but how the ethic of theft is being perverted in an overzealous
attempt to create wealth.

-- 
Reply-to: motcid!mellman@uunet.uu.net

lars@spectrum.CMC.COM (Lars Poulsen) (09/21/90)

In article <26938:Sep1814:48:2390@kramden.acf.nyu.edu>
	brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
DB> Suppose you were to publish [stolen credit card numbers] in an
DB> advertisement in a national newspaper. When that advertisement
DB> would be distributed throughout the world, would the Secret
DB> Service be able to confiscate
DB> each newspaper in which that particular advertisement resides?

In article <4572@qip.UUCP> john@qip.UUCP (John Moore) writes:
JM> The newspaper would not publish the list in the first place.
JM> Electronic media [are] special in that frequently there is no editor.

For a small publication, the editor and publisher are often the same
person. No big deal. The reason that most publications would hesitate
to print this hypothetical ad, is that the publisher may be held
criminally liable for what appears in his publication. Indeed, for a
small publication, the printing apparatus might be confiscated.

By analogy, it may not be unreasonable to hold the "publisher" (i.e. the
owner/SYSOP) jointly liable with the poster for whatever appears on the
bulletin board.

Indeed, this may require that the SYSOP not allow unmoderated discussion
except within closed user groups whose members have all signed a pledge
of responsible behaviour and are all known to the SYSOP.

Seems pretty reasonable to me ...
-- 
/ Lars Poulsen, SMTS Software Engineer
  CMC Rockwell  lars@CMC.COM

n357cw@tamuts.tamu.edu (Kevin Alexander) (09/21/90)

In article <4572@qip.UUCP> john@qip.UUCP (John Moore) writes:
>In article <26938:Sep1814:48:2390@kramden.acf.nyu.edu> brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
>][Suppose you were to publish the same information in an advertisement in
>][a national newspaper. When that advertisement would be distributed
>][throughout the world, would the Secret Service be able to confiscate
>][each newspaper in which that particular advertisement resides?
>The newspaper would not publish the list in the first place. Electronic media
>is special in that frequently there is no editor.
>-- 

Well, John, I seem to remember in my history classes (I'm too young to have
actually lived it) about the so called ``Pentagon Papers'' being printed
in the papers..  I do believe that these papers wereb't for the public's
eyes, and yet the editor in this instance chose to go with the story..

(This is not a FLAME! -- I don't like flame wars..)

john@qip.UUCP (John Moore) (09/22/90)

In article <8418@helios.TAMU.EDU> n357cw@tamuts.tamu.edu (Kevin Alexander) writes:
]In article <4572@qip.UUCP> john@qip.UUCP (John Moore) writes:
]>In article <26938:Sep1814:48:2390@kramden.acf.nyu.edu> brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
]>][Suppose you were to publish the same information in an advertisement in
]>][a national newspaper. When that advertisement would be distributed
]>][throughout the world, would the Secret Service be able to confiscate
]>][each newspaper in which that particular advertisement resides?
]>The newspaper would not publish the list in the first place. Electronic media
]>is special in that frequently there is no editor.
]>-- 
]
]Well, John, I seem to remember in my history classes (I'm too young to have
]actually lived it) about the so called ``Pentagon Papers'' being printed
]in the papers..  I do believe that these papers wereb't for the public's
]eyes, and yet the editor in this instance chose to go with the story..

It is true that the Pentagon Papers were not for the public's eyes. However,
they were not of criminal value (unlike credit card numbers) and did
bear on major public issues. This is not to imply that I think they
should have been published! PS - I am not too you to remember.

-- 
John Moore HAM:NJ7E/CAP:T-Bird 381 {ames!ncar!noao!asuvax,mcdphx}!anasaz!john 
USnail: 7525 Clearwater Pkwy, Scottsdale,AZ 85253 anasaz!john@asuvax.eas.asu.edu
Voice: (602) 951-9326         Wishful Thinking: Long palladium, Short Petroleum
Opinion: Support ALL of the bill of rights, INCLUDING the 2nd amendment!

brad@looking.on.ca (Brad Templeton) (09/22/90)

The answer to the question is "nobody knows."

Recently a Toronto newspaper was charged with permitting classified ads
for escort services which engaged in prostitution.  Prostitution is not
illegal, but in the grand craziness of the law, soliciting for it is.

The paper complained the police were trying to censor it.  For undisclosed
reasons, the charges were dropped.

The moral is that you pays your money, you takes your chances, when it comes
to issues like this.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

mnemonic@walt.cc.utexas.edu (Mike Godwin) (09/22/90)

In article <4619@qip.UUCP> john@qip.UUCP (John Moore) writes:
>
>It is true that the Pentagon Papers were not for the public's eyes. However,
>they were not of criminal value (unlike credit card numbers) and did
>bear on major public issues.

Actually, the federal government argued strongly for the position that
the Pentagon Papers should be regarded as stolen *property*.


--Mike


Mike Godwin, UT Law School  |"If the doors of perception were cleansed
mnemonic@ccwf.cc.utexas.edu | every thing would appear to man as it is,
(512) 346-4190              | infinite."
                            |                 --Blake

jxxl@huxley.cs.nps.navy.mil (John Locke) (09/26/90)

In article <37497@ut-emx.uucp> mnemonic@walt.cc.utexas.edu (Mike Godwin) writes:

> Actually, the federal government argued strongly for the position that
> the Pentagon Papers should be regarded as stolen *property*.

Although, as I recall, Ellsberg copied the Papers on a Xerox and snuck
the copies out a few at a time.

-- 

mnemonic@walt.cc.utexas.edu (Mike Godwin) (09/26/90)

In article <1474@huxley.cs.nps.navy.mil> jxxl@taurus.cs.nps.navy.mil (John Locke) writes:
>
>Although, as I recall, Ellsberg copied the Papers on a Xerox and snuck
>the copies out a few at a time.

That's correct, but the government characterized the information as property,
not the paper.

--Mike




Mike Godwin, UT Law School  |"If the doors of perception were cleansed
mnemonic@ccwf.cc.utexas.edu | every thing would appear to man as it is,
(512) 346-4190              | infinite."
                            |                 --Blake

karl@sugar.hackercorp.com (Karl Lehenbauer) (09/30/90)

In article <1990Sep20.221955.10879@spectrum.CMC.COM> lars@spectrum.CMC.COM (Lars Poulsen) writes:
>By analogy, it may not be unreasonable to hold the "publisher" (i.e. the
>owner/SYSOP) jointly liable with the poster for whatever appears on the
>bulletin board.

>Indeed, this may require that the SYSOP not allow unmoderated discussion
>except within closed user groups whose members have all signed a pledge
>of responsible behaviour and are all known to the SYSOP.

>Seems pretty reasonable to me ...

If this were the case, it would be the end of Usenet.  Further, it would
have a chilling effect on free speech via bulletin boards.  As a sysop,
I would have to be very careful to never allow anything out that was
in the least bit controversial, and would always want to err on the side of 
not allowing a message to go out unless I was really sure there was no chance
of me getting in trouble for it.  

Shouldn't the poster of the message be accountable for its contents?  

Or by your reasoning, shouldn't the phone company have to listen to *all* the 
phone conversations going on at any time to make sure nothing illicit was
being said, done or planned?  They tried this in Eastern Europe, you know.

Further, this would be a new and time-consuming burden on sysops and introduce 
potentially long delays in messages getting out.

If a sysop let a bad message go out and it was gatewayed to a bunch of other
machines, or one was forged or somehow illicitly injected into the network,
by your reasoning wouldn't the owner/sysops of all the machines the
message went to be liable?  If that were the case, it would definitely be
the end, because nobody has the resources to monitor, for example, all the
traffic on the Usenet.

I used Prodigy several times, and it is a heavily censored system, i.e.
Prodigy's censors examine every article posted before it goes into the
message base, and people on it were complaining that the censors were 
capricious, arbitrary and would not state reasons why specific articles 
had been censored.

Not only is there nothing like talk.religion.*, talk.politics.*,
soc.motss on Prodigy (they dropped a forum in which fundamentalist Christians 
and homosexuals and homosexual rights advocates were going at it, although
they claimed it was for a different reason), but you can't even mention
or talk about most products by name because advertising is a big part
of their revenue base (about 20% of your display is permanently dedicated
to advertising when using it -- ads are continually updated in this area the
whole time you're on) and they don't want anyone to get free advertising.
Consequently messages of the "Yeah, I bought a Frobozz 917 and it works really
well" are censored.  If this is IBM's view of the future of personal 
electronic communications (Prodigy is a joint-venture of IBM and Sears), and 
there is every reason to believe it is since this is what they chose to
provide, it is a bleak future indeed.  (The reason they do this, I think, is 
that Prodigy is supposed to be a "family" system.  Under your one account you 
can set up logins for your other family members.  So they don't want anything 
in there that some kid is going to read.  But that restricts everything on the 
system to a very low common denominator, namely that every message must be so 
inoffensive that *nobody* is going to be offended by it... and that is
censorship.
-- 
-- uunet!sugar!karl
-- Usenet access: (713) 438-5018

jimp@sequent.UUCP (James Pilcher) (10/05/90)

In article <6657@sugar.hackercorp.com> karl@sugar.hackercorp.com (Karl Lehenbauer) writes:
>In article <1990Sep20.221955.10879@spectrum.CMC.COM> lars@spectrum.CMC.COM (Lars Poulsen) writes:
>>By analogy, it may not be unreasonable to hold the "publisher" (i.e. the
>>owner/SYSOP) jointly liable with the poster for whatever appears on the
>>bulletin board.
>
>>Indeed, this may require that the SYSOP not allow unmoderated discussion
>>except within closed user groups whose members have all signed a pledge
>>of responsible behaviour and are all known to the SYSOP.
>
>>Seems pretty reasonable to me ...
>
>If this were the case, it would be the end of Usenet.  Further, it would
>have a chilling effect on free speech via bulletin boards.  As a sysop,
>I would have to be very careful to never allow anything out that was
>in the least bit controversial, and would always want to err on the side of 
>not allowing a message to go out unless I was really sure there was no chance
>of me getting in trouble for it.  
>
>Shouldn't the poster of the message be accountable for its contents?  
>
>Or by your reasoning, shouldn't the phone company have to listen to *all* the 
>phone conversations going on at any time to make sure nothing illicit was
>being said, done or planned?  They tried this in Eastern Europe, you know.
>

While I agree with you that holding sysop responsible for everything would
be a disaster, you should note that a phone line is SUPPOSED to be private,
whereas a net is assumed to be public. Bulletin boards have been misused in 
all kinds of ways; should a sysop who runs a board for child molesters
be free of all responsibility? This has happened, here in Portland, by
the way.

karl@sugar.hackercorp.com (Karl Lehenbauer) (10/08/90)

In article <43541@sequent.UUCP> jimp@crg1.UUCP (James Pilcher) writes:
>While I agree with you that holding sysop responsible for everything would
>be a disaster, you should note that a phone line is SUPPOSED to be private,
>whereas a net is assumed to be public. Bulletin boards have been misused in 
>all kinds of ways; should a sysop who runs a board for child molesters
>be free of all responsibility? This has happened, here in Portland, by
>the way.

At the kind of data densities and volumes we're talking about with a
Usenet feed, approximately 10 megabytes per day and growing geometrically, 
it is entirely possible that this sort of thing will go on without the sysops 
knowledge at all.

Sure, if your login banner or other things put up by the sysop solicit or
encourage the use of the system for illegal purposes, or if it is somehow 
clear that illegal activities are going on with the Sysop's knowledge and 
consent, I think the sysop should get in trouble.

But on some of the hotter BBSes these days, your are talking hundreds of
megabytes of data and soon gigabytes of data, and if some users have found 
some unseen/unused nook or cranny to conspire or otherwise make trouble, I 
don't think the sysop should be hassled.  Likewise as I mentioned earlier, 
the sysop of a big system *cannot possibly know* the contents of every message 
that's coming through from the Usenet feed.  

To hassle the sysop in a case like this would be the equivalent of hassling
Kroger's because some kids had been using an empty woodpecker hole in a tree 
behind one of their stores as a mail drop.

(I submit the opinion that any law requiring sysops to read all messages
 received at their machine would be unconstitutional as it limits free
 speech.  Many have said that free speech doesn't apply because the
 systems are all owned by someone, etc, and as owners their control of
 their systems is absolute, but it is not clear to me that at least
 some aspects of the constitutional guarantees of freedom of speech would
 not apply to bulletin boards and networks, as they do serve as a transmission
 medium for information and the opinions amongst their users, and in
 previous comp.org.eff.talk articles Mike Godwin quoted some court opinions 
 along the lines of that any means of transmitting an idea was protected.)

Now once the sysop has discovered or, say, been notified by a user that
illegal activities are going on, is the sysop obligated to notify the 
authorities or take other action?  I think so, if the activity is in a
non-private manner, i.e. a newsgroup or equivalent.  (Email, I think, 
should be private to the degree possible, and people should start routinely
encrypting mail to each other to help insure that privacy, but that's
another matter.)  

So if for example I was notified by a user that some child molesters (Is
it really true about a child molestation BBS in Portland?  I kind of assumed
it was an urban legend.) were secretly using comp.protocols.tcpip.eniac
with a distribution of "local" as a means of conspiring to abuse children,
I would call the cops.

Hopefully the sysop would be allowed some discretion such that, for
example, a user who was chronically abusive to other users could, after
repeated warnings, be kicked off the system -- not the net, just the system.

Another opinion, even though Houston Chronicle reporter Joe Abernathy
seems to hate the idea that the Usenet is so anarchic, its implementation
in the United States is such that it is harder to control centrally or
censor than most other networks.  I submit that cooperative networks with 
distributed ownership of the nodes and communication paths are inherently 
safer from central control than the single-owner variety.  Plus they
fragment better, that is, in the face of a massive failure or the intentional
shutdown of some big backbone sites, the broken-off subnets thus formed
still work among themselves, and it takes only one site willing to spend
a little extra time and/or money in each of a pair subnets to reconnect
those two subnets back together into a larger net.  Thus Usenet has continued
to function over time as various big sites (seismo et al) came and went.
Thus have the other public nets (Fido) become gatewayed to Usenet.
Thus Usenet is fault-tolerant, at least in a kind of queasy, quivering way.
(i.e. the scramble to replace a lost feed, occasionally unreliable email 
delivery, the article-with-a-space-in-the-ID bug, sites running too-old 
software, etc)

It's great stuff, and I find the continuing advancement of the capabilities
of the net to be quite exciting.  I hope we can manage to keep the government 
from taking it all away from us.  I guess that's what the EFF is all about...

-- 
-- uunet!sugar!karl
-- Usenet access: (713) 438-5018

brnstnd@kramden.acf.nyu.edu (Dan Bernstein) (10/08/90)

Wtf is wrong with USENET being a common carrier? It looks like it will
eventually become a common carrier, legally. That status makes sense and
ensures the privacy that people want. Mail fraud and wire fraud laws are
quite effective without a central censor.

> So if for example I was notified by a user that some child molesters (Is
> it really true about a child molestation BBS in Portland?  I kind of assumed
> it was an urban legend.) were secretly using comp.protocols.tcpip.eniac
> with a distribution of "local" as a means of conspiring to abuse children,
> I would call the cops.

Sure. And if I were nosy and discovered that the National Enquirer is
really a front for drug dealers, I'd call the cops. The same if I heard
crosstalk on phone lines of people planning a murder. But it's the crime
here that I'd be worried about, not the communications medium per se.

> It's great stuff, and I find the continuing advancement of the capabilities
> of the net to be quite exciting.  I hope we can manage to keep the government 
> from taking it all away from us.  I guess that's what the EFF is all about...

I was under the impression that the EFF was a computerized version of
that other defense organization...

---Dan

md3b+@andrew.cmu.edu (Matthew Donald Drown) (10/10/90)

I haven't looked foward a couple days yet, but following this thread...

 jimp@sequent.UUCP (James Pilcher)
wrote:
>While I agree with you that holding sysop responsible for everything would
>be a disaster, you should note that a phone line is SUPPOSED to be private,
>whereas a net is assumed to be public. Bulletin boards have been misused in 
>all kinds of ways; should a sysop who runs a board for child molesters
>be free of all responsibility? This has happened, here in Portland, by
>the way.

In your definition then, if I were to start an alt.child-molester on the
net, then it would be perfectly legal.  Damn, I could talk to child
molesters all over the world with no problem, instead of just in the
Portland area.

I think there is a lot more to this question then phone lines being
private.  I am using a phone line to connect to my schools computer to
post a message to this board, is this private?

-Matt
 

joe@zitt (Joe Zitt) (10/14/90)

md3b+@andrew.cmu.edu (Matthew Donald Drown) writes:

>  jimp@sequent.UUCP (James Pilcher)
> wrote:
> >While I agree with you that holding sysop responsible for everything would
> >be a disaster, you should note that a phone line is SUPPOSED to be private,
> >whereas a net is assumed to be public. Bulletin boards have been misused in 
> >all kinds of ways; should a sysop who runs a board for child molesters
> >be free of all responsibility? This has happened, here in Portland, by
> >the way.
> 
> In your definition then, if I were to start an alt.child-molester on the
> net, then it would be perfectly legal.  Damn, I could talk to child
> molesters all over the world with no problem, instead of just in the
> Portland area.

On a raised-hackles note, it seems that the official straw boogie man of 
conversation about rights (and damned near everything else) nowadays is
the "child molester". The term seems to be used in very much the same way 
that "communist" and "homosexual" and "witch" were used in the not too 
distant past. While no one doubts that >some< pedophiles exist, the media 
frenzy about it, and the way that people's rights are getting stepped on 
(see the recent Harper's article about the bogus preschool accusations 
and trials, for example) make Operation Sun Devil seem like a round of 
touch football.

Come to think of it, a thoroughly anonymous, possibly moderated 
alt.child-abuser or similar mailing list might be a good idea; there 
appear to be relatively few self-help groups for these people, and a 
properly handled electronic discussion group might be a good idea.
--

Joe Zitt		...cs.utexas.edu!kvue!zitt!joe 		(512)450-1916