Responding to orders which include a secrecy requirement

2003-08-30 Thread Bill Frantz
The Java Anonymous Proxy (JAP) service, your local library, and you, among
others need to develop a response should you be served with an order (court
or otherwise) to produce information which includes the requirement that
you keep the order secret.

There are a large number of responses one could use.  Some of them might be:

* Cooperate.

* Take the service down.

* Publicly refuse to cooperate.

* Publicly announce that you are being monitored.

* Stop saying that the service is not monitored.

* Appear to cooperate, but provide false information.

* etc.


Please keep in mind when reading the following analysis that I am not a lawyer.

Cooperation seems to be the safest from a short term legal standpoint.
However, to the extent it encourages the police state, it is dangerous in
the long term.

Taking the service down is an obvious response.  It is a difficult response
for your public library to implement.  In addition, a strict enough secrecy
order could require you to keep the service up.

Publicly refusing to cooperate is the most honorable response, and will
probably end you up in jail for an indefinite term on contempt charges.
This is the path of civil disobedience, followed by a number of heros in
past encounters with totalitarianism.

Publicly announcing that you are being monitored will probably end up with
the same contempt charges as a public refusal to cooperate, coupled with
the possibility of the dishonorable act of breaking your word (depending on
your terms of service).

Stopping your notification that the service is not monitored can be
forbidden by a strict enough secrecy order.  It may be the least legally
risky of the options.  The fact that you will stop notification should be
included in your terms of service.

Providing false information is an interesting option, but I think you are
legal toast if you are caught doing it.  One can get a lot of amusement
from considering who to implicate in place of the real anonymous user.

Cheers - Bill


-
Bill Frantz   | A Jobless Recovery is | Periwinkle -- Consulting
(408)356-8506 | like a Breadless Sand- | 16345 Englewood Ave.
[EMAIL PROTECTED] | wich. -- Steve Schear | Los Gatos, CA 95032, USA



Re: traffix analysis

2003-08-30 Thread Morlock Elloi
 as a solid dish.  (The uwaves see the screen as solid, however.)  With
 that much gain (ie directionality) wind could mess with your (albeit brief)
 connection.

This one has 30 degree coverage and is perfect for connecting to consumer APs
up to a mile: http://www.tranzeo.com/products.php?cmd=viewpageid=102

Car window glass will cost you about 1.5-2 dB.



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(of original message)

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Re: DoS of spam blackhole lists

2003-08-30 Thread John Kozubik
On Fri, 29 Aug 2003, Andrew Thomas wrote:

 Considering that it appears that spammers are now resorting
 to DoS'ing sites that host spam lists, wouldn't now be a good
 time to investigate the possibilities of a distributed, or at
 least, load balanced blacklist provider?

That's an interesting reaction to the problem.  Here's a better idea:

a) admit that your stupid, self-appointed-netcop blacklists and
self-righteous spam projects are inherently flawed, and are generally
populated by spam reports made by clueless idiots that don't realize they
are reporting forged and/or incorrect addresses.

The net effect is that a lot of innocent bystanders/IP-blocks/ISPs waste a
lot of time dealing with your self-righteous crusader projects.

b) realize that the distributed method you suggest already exists - it is
called procmail(*).

Please spend your sophomore year working on something besides
self-appointed-spam-netcop-site-of-the-week.


(*) or you could setup a dummy email account on all web-published
documents, and delete any email that arrives in both mailboxes, or you
could implement a challenge/response mechanism for all new senders.  All
three mechanisms mentioned are distributed, independent, and don't require
some asshole swooping in to save us with his miraculous spews database.

-
John Kozubik - [EMAIL PROTECTED] - http://www.kozubik.com



Re: Responding to orders which include a secrecy requirement

2003-08-30 Thread Steve Schear
At 01:54 PM 8/29/2003 -0700, you wrote:
Stopping your notification that the service is not monitored can be
forbidden by a strict enough secrecy order.  It may be the least legally
risky of the options.  The fact that you will stop notification should be
included in your terms of service.
All covered in my previous postings.  This approach should be particularly 
applicable to ISPs as they generally have billing arrangement and can add 
this on as an extra service fee for each inquiry.  Instead of court orders 
being a cost they become a revenue source.

steve

The fetters imposed on liberty at home have ever been forged out of the
weapons provided for defence against real, pretended, or imaginary dangers
from abroad.
  --President James Madison (1751-1836)


Re: Responding to orders which include a secrecy requirement

2003-08-30 Thread J.A. Terranson
On Fri, 29 Aug 2003, Tim May wrote:

 But when Big Brother commands that his Carnivore boxes be added, ISPs 
 are afraid to shoot his agents who trespass.

Just for the record, as someone who is in a position to have first-hand
personal knowledge of this...

When the various plastic-id carrying critters came around asking to let ISPs
install Carnivores just after 9/11, they were almost all turned away.  The
notable exceptions were from companies that are (not surprisingly) based
outside of the US.

I was *stunned* at how many ISPs told them to fuck off (including, I am happy
to say, the one I work at)..

When a court order is present - that is a whole new ball game: nobody will
refuse that.

 And so the work is done for free. And so, too, will the fees you talk 
 about be waived.

Free under the duress of a court order is AFAIK virgin territory here.  There
is no question that installing a DCS1000 is no small task when you're dealing
with modern high speed circuits (OC12s and up), and will require significant
planning and engineering support to accomplish without devastating
interruptions in service - this is a significant expense to the business
being ordered to comply.  I would be surprised if this went on without
compensation, even if at a reduced rate.  And the sheer expense may in and of
itself be a controlling factor in such orders.  I know that they are rare
enough to cause ripples of whispers in the NSP/ISP community.


 I think my solution may be best: take a few ISPs who have bent over for 
 Big Brother and kill their owners and staff. A few ISP owners found 
 necklaced and smoking may send a message to others. It works for the 
 Mob in a way none of the more civilized approaches can possibly work.
 
 You narc us out, we douse your children with gasoline and light them 
 off. Your choice.
 
 Sometimes freedom demands harshness.

Make them move to Texas.  Force them to listen to recordings of Shrub all
day, while sitting in the hot Texas sun.

 --Tim May

-- 
Yours, 
J.A. Terranson
[EMAIL PROTECTED]

Every living thing dies alone.
Donnie Darko



Re: Responding to orders which include a secrecy requirement

2003-08-30 Thread Tim May
On Friday, August 29, 2003, at 03:28  PM, Steve Schear wrote:

At 01:54 PM 8/29/2003 -0700, you wrote:
Stopping your notification that the service is not monitored can be
forbidden by a strict enough secrecy order.  It may be the least 
legally
risky of the options.  The fact that you will stop notification 
should be
included in your terms of service.
All covered in my previous postings.  This approach should be 
particularly applicable to ISPs as they generally have billing 
arrangement and can add this on as an extra service fee for each 
inquiry.  Instead of court orders being a cost they become a revenue 
source.

This has been proposed for, but it fails for the usual reasons.

An ISP is free to say anyone requesting a tap is required to pay a 
fee, just as any ISP is free to say that it will handle installation 
of special Carnivore equipment for a certain fee.

But when Big Brother commands that his Carnivore boxes be added, ISPs 
are afraid to shoot his agents who trespass.

And so the work is done for free. And so, too, will the fees you talk 
about be waived.

I think my solution may be best: take a few ISPs who have bent over for 
Big Brother and kill their owners and staff. A few ISP owners found 
necklaced and smoking may send a message to others. It works for the 
Mob in a way none of the more civilized approaches can possibly work.

You narc us out, we douse your children with gasoline and light them 
off. Your choice.

Sometimes freedom demands harshness.

--Tim May