On Wed, 09 Jan 2002 09:08:00 -0700 colbyd <colbyd at ucsu.colorado.edu>
writes:
> Does anybody know about the anti-terror legislation (USAPA) and how 
> this
> might be used to hassle peer networking? As I read this law and the
> Communications Assistance for Law Enforcement Act (CALEA), it seems 
> that
> peer networking is in trouble for two main reasons: 1) together, the 
> laws
> require that the physical infrastructure be accessible to 
> surveillance, and
> 2) lack of judicial oversight in USAPA would allow law enforcement 
> to
> surreptitiously sabotage peer networks.

Even if law enforcement has been given new powers to poke, prod, and
generaly wreak havoc on P2P networks, they won't be able to do much
damage to Freenet as long as there are enough high-speed and large
permanent nodes up and running.  What we need is more contributors to the
network.  Perhaps some day in the near future I will be such a
contributor. :)

> 
> CALEA requires that law enforcement access to call-identifying 
> information
> be unobtrusive and with a minimum of interference with any 
> subscriber's
> telecommunications service. [47 USCS ? 1002 a(4) (2001)]. This law 
> also
> requires that law enforcement cannot require or prohibit carriers 
> from
> implementing equipment or services. [47 USCS ? 1002 b(1)(A)(B)  
> (2001)].
> Law enforcement cannot, under CALEA, require a carrier to 
> discontinue
> access to Freenet. The carrier would only need to provide access to
> facilities to intercept communications made by a suspect. In USAPA, 
> due to
> absence of judicial oversight, law enforcement has no duty to 
> respect
> virtual networks like Freenet that permit anonymous speech. In 
> addition,
> the Act requires the Treasury Department (FinCEN) to "combating 
> [sic] the
> use of informal, nonbank networks and payment and barter system 
> mechanisms
> that permit the transfer of funds or the equivalent of funds 
> without
> records and without compliance with criminal and tax laws." [310 
> b(F)].
> Under the aegis of USAPA, there is no reason not to believe that a 
> network
> like Freenet could be assaulted without judicial oversight by 
> authorities
> because it might provide terrorists a place to transfer funds 
> anonymously.    

Well it DOES provide anonymous communications to anyone, includeing
terrorists, but any time money is being transfered, the human element can
be employed to sabotage the system.  What they NEED to do is, instead of
fidling around with computers, get trained operatives out there to
infiltrate these terrorist organizations and sabotage them from the
inside!!

> 
> Just wondering if my reading is correct here.
> 
> Thanks!
> 
> "The great moral question of the twenty-first century is this: if 
> all
> knowing, all culture, all art, all useful information can be 
> costlessly
> given to everyone at the same price that it is given to anyone; if 
> everyone
> can have everything, anywhere, all the time, why is it ever moral 
> to
> exclude anyone?"-Eben Moglen

Well that is really a two-part question.  Does it cost the same to
distribute knowledge, culture, art and usefull information to EVERYONE
EVERYWHERE as it does ONE person in ONE place?  I believe it does NOT
cost the same.  How much would it cost to give all of the people in the
world free access to the internet and all the things that are on it?  How
much would it cost content providers to provide translations of thier
content in all of the languages used on this planet?  I think the costs
would be astronomical.  Yet how much does it cost to provide internet
access and english versions of content to people here in the USA?  VERY
little by comparison.  You have to concider existing infrastructure, such
as electricity and phone lines and stuff.  Not every town, village, city,
or country have these existing infrastructures.  Is it moral to ever
purposely exclude people from accessing knowledge, culture, art and
usefull information?  NO, it is not!  But if you can't afford to pay for
it, and they can't afford to pay for it, what can you do eh?!

Here is a better question for everyone to ask.  If there is enough food
in the world to feed EVERYONE, and there is enough Medicine to heal all
of the Sick people in the world, why are there so many people dying of
hunger and illness?  If there is enough water in the world to keep
everyone well hydrated, why are there so many people dying of thirst? 
The internet and the knowledge and power it brings are really just the
tip of the iceberg when it comes to Human suffering and Human
indifference.
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