Thugs are seriously going after written word (in case someone still thinks that 1st
Amendment has any weight.)
While I don't particularly care about travel to Cuba (there are many ways to do it
perfectly safe from authugrities), the concern is that there is a very small semantic
step from here to bringing down crypto sites (incidentally, cryptome.org is down
today.)
After all talk about censor-proof publishing, today it would be enough to bring down
only 4-5 servers to remove recent (read popular-gui-friendly) PGP releases from the
wide public access.
I'd like to make an experiment, to post bunch of crypto files to Gnutella and see how
well it scales and spreads. If there is some interval T between connecting to gnutella
network and shared files being available via search to 90% of connected machines, then
it takes only 4 volunteers that are willing to stay connected for T+6 hrs per day to
make archives available.
Thoughts ?
From: "Tom Warner" <[EMAIL PROTECTED]>
Subject: I Have Been Accused of Using the Internet to Advocate
Travel to Cuba
Date: Sat, 7 Dec 2002 18:52:30 -0800 (PST)
Tom Warner here! I may have the dubious honor of being the first
person who has been attacked by the Bush administration for using the
internet to oppose the policies of the government. - I have been known
to do that from time to time, and the internet has been a huge
liberating factor in freeing the public from the confines of the
commercial media - news print - TV - radio - etc. Now for the first
time demonstrations of heretofore unprecedented size can happen within
weeks of a reactionary development.
What I have been accused of is using the internet and the web site of
the Seattle/Cuba Friendship Committee to "organize and promote" a trip
to Cuba without a license. I regularly do publicize trips to Cuba, both
licensed and unlicensed. I have had to engage attorneys on my behalf
to represent me in this matter.
I am concerned that this assault on the freedom of speech and
expression - especially through the internet - be stanched before it
chills peoples free expression and their ability to respond to
objectionable behavior by the government or other powers in authority.
I am attaching jpeg images of the letter that they sent to me and the
"evidence" that they are using from our web site. Failure on my part
to respond in a timely manner to these accusations can result in a
penalty of thousands of dollars.
As a first step in fighting against this undemocratic act by the
Treasury Department, I would like to call a press conference and I
would like to have you and the staff of your magazine present. The
press will be more attentive if there are concerned citizens such as
yourself present. Could you attend such a press conference? Could you
write up an article about this assault on civil liberties and the
internet and computer usage?
If you know of others in the progressive community or who have strong
feelings for an unfettered internet, have them contact me, please.
In solidarity,
Thomas W. Warner (Secretary Seattle/Cuba Friendship Committee)
8923 2nd Ave. N.E.
Seattle, WA, 98115
(206) 523-1720
[EMAIL PROTECTED]
http://www.seattlecuba.org
This is the answer that my attorneys have prepared for me to avoid a
many thousand dollar fine for non-response.
-----------------------------------------------------------------------
9 December 2002
U.S. Department of the Treasury
Office of Foreign Assets Control
Attn: Martin O. Odenyo
1500 Pennsylvania Ave. N.W. (Annex)
Washington, D.C. 20220
Re: FAC No. CU-201336
Dear Mr. Odenyo:
This letter is in response to your "Requirement to Furnish
Information" letter to Mr. Thomas W. Warner, dated 16 October 2002. I
represent Mr. Warner in this matter and am supplying this response to
you on his behalf.
In your letter, you refer to a posting on a
website(www.seattlecuba.org), in which Mr. Warner allegedly forwarded
information about a conference held in Havana, Cuba, on 17-24 February
2002. Mr. Warner did not personally attend the conference; he did not
travel to Cuba; nor did he organize the conference.
I have reviewed the federal regulations that were referenced in your
letter, 31 C.F.R. 515.201(b), and do not see that forwarding
information to an Internet site about a conference in Cuba in any way
is prohibited. Passing along information hardly qualifies as the type
of prohibited financial transaction covered by the Treasury
Department's regulations.
Mr. Warner possesses certain First Amendment rights, as well as rights
under the International Covenant on Civil and Political Rights (which
the U.S. has signed and ratified), to freedom of speech. These rights
include the right to advocate that other Americans exercise their
rights, under the U.S. Constitution (Amendments 1 and 5) and the ICCPR,
to travel freely abroad, to seek information through such foreign
travel and to exchange information with foreign persons.
The U.S. Department of the Treasury therefore has no authority under
the U.S. Constitution, the ICCPR or 31 C.F.R. 515.201 to interfere with
Mr. Warner's rights to post information on the Internet about a
conference in Cuba.
Although it is our position that Mr. Warner has the right to urge
people to travel to Cuba without a Treasury Department license,
notably, nothing on the Internet posting urges people to break the law
in order to attend the conference.
As you are undoubtedly aware, there are a variety of Treasury
Department regulations which authorize travel to Cuba B 31 C.F.R.
515.420 (fully hosted travel), 515.575 (humanitarian projects), 515.574
(support for the Cuban people), & 515.567 (public performances,
clinics, workshops, athletic and other competitions). See also 31
C.F.R. 515.560 (Travel-related transactions).
There is no indication that someone posting information on an Internet
website about a conference in Cuba would expect that people reading
the website would not be eligible for a specific or general license,
issued by the Treasury Department under one of these various sections.
In this regard, apparently, according to press accounts, prominent
elected officials and civic leaders from Seattle did attend this
conference. I have learned from other counsel that these individuals
traveled to Cuba pursuant to License #CU-63506. Thus, even if Mr.
Warner=s alleged speech activity of posting an informational article on
a website had the effect of influencing someone to go to Cuba to attend
the conference, and even, assuming arguendo that various constitutional
and international law provisions do not protect his speech, any travel
that occurred was not prohibited.
Finally, with regard to your request for detailed information pursuant
to 31 C.F.R. 501.602, your requests interfere with Mr. Warner=s, and
others=, rights to freedom of speech, freedom of association, and due
process of law protected under U.S. Const. amends. 1 & 5, and the
ICCPR, Article ___. To the extent that the request subjects Mr. Warner
to any criminal sanction, he is invoking his right to remain silent
under U.S. Const. amend. 5.
Additionally, in light of the substantial numbers of Cuban-Americans
and others who travel to Cuba, with the knowledge of the OFAC, in
apparent violation of the Cuban Assets Control Regulations, but without
consequence, and in light of the large number of people who express
opinions to others about the desirability of travel to Cuba, your
request for information constitutes discriminatory enforcement of the
laws in violation of the First and Fifth Amendments.
Sincerely,
Lynne Wilson
Attorney at Law
