Re: Gestapo harasses John Young, appeals to patriotism, told to fuck off
I tried to get them to sit together but they carefully bracketed me. John, it's imaginable how it feels. It's very inconvenient when men with guns send their minions - and it wouldn't surprise me if it does, over time, change Cryptome's attitude. Avoid heroic stupidity. Optimize for the long run. As opposed to Mr.May, you are causing some real irritation.
F.B.I.'s Reach Into Records Is Set to Grow
http://www.nytimes.com/2003/11/12/politics/12RECO.html November 12, 2003 F.B.I.'s Reach Into Records Is Set to Grow By ERIC LICHTBLAU ASHINGTON, Nov. 11 A little-noticed measure approved by both the House and Senate would significantly expand the F.B.I.'s power to demand financial records, without a judge's approval, from car dealers, travel agents, pawnbrokers and many other businesses, officials said on Tuesday. Traditional financial institutions like banks and credit unions are frequently subject to administrative subpoenas from the Federal Bureau of Investigation to produce financial records in terrorism and espionage investigations. Such subpoenas, which are known as national security letters, do not require the bureau to seek a judge's approval before issuing them. The measure now awaiting final approval in Congress would significantly broaden the law to include securities dealers, currency exchanges, car dealers, travel agencies, post offices, casinos, pawnbrokers and any other institution doing cash transactions with a high degree of usefulness in criminal, tax or regulatory matters. Officials said the measure, which is tucked away in the intelligence community's authorization bill for 2004, gives agents greater flexibility and speed in seeking to trace the financial assets of people suspected of terrorism and espionage. It mirrors a proposal that President Bush outlined in a speech two months ago to expand the use of administrative subpoenas in terrorism cases. Critics said the measure would give the federal government greater power to pry into people's private lives. This dramatically expands the government's authority to get private business records, said Timothy H. Edgar, legislative counsel for the American Civil Liberties Union. You buy a ring for your grandmother from a pawnbroker, and the record on that will now be considered a financial record that the government can get. The provision is in the authorization bills passed by both houses of Congress. Some Democrats have begun to question whether the measure goes too far and have hinted that they may try to have it pulled when the bill comes before a House-Senate conference committee. Other officials predicted that the measure would probably survive any challenges in conference and be signed into law by President Bush, in part because the provisions already approved in the House and the Senate are identical. The intelligence committees considered the proposal at the request of George J. Tenet, the director of central intelligence, officials said. Officials at the C.I.A. and the Justice Department declined to comment on Tuesday about the measure. A senior Congressional official who supports the provision said that this is meant to provide agents with the same amount of flexibility in terrorism investigations that they have in other types of investigations. This was really just a technical change to reflect the new breed of financial institutions, the official added. Asked what had prompted the measure, the official said: This is coming from 3,000 dead people. There's an ever-expanding universe of places where terrorists can hide financial transactions, and it's only prudent and wise to anticipate where they might be and to give law enforcement the tools that they need to find them. Christopher Wray, the Justice Department's assistant attorney general in charge of the criminal division, also addressed the issue last month at a Senate hearing. Mr. Wray said that compared with the antiterrorism law that allowed agents to demand business records with court approval, the F.B.I.'s administrative subpoenas were more limited. The administrative subpoenas do provide for production of some records, he said, but they don't cover as many types of business records.
Gun ownership == using it in crime, Texas court rules
Toby Wade Beyer, Appellant Vs. State of Texas, Appellee No. 11-02-00323-CR COURT OF APPEALS OF TEXAS, ELEVENTH DISTRICT, EASTLAND November 5, 2003, Filed PRIOR HISTORY: Appeal from the 266th District of Erath County. DISPOSITION: Affirmed. COUNSEL: For Plaintiff or Petitioner: Andrew Ottaway, Attorney At Law, Granbury, TX. For Defendant or Respondent: John Terrill, District Attorney, Stephenville, TX. JUDGES: Panel consists of: Arnot, C.J., and Wright, J., and McCall, J. OPINIONBY: TERRY McCALL OPINION: Appellant pleaded guilty to the first degree felony offense of the manufacture of methamphetamine. The jury assessed punishment at 20 years confinement and found that appellant used or exhibited a deadly weapon during the commission of the offense. The trial court entered a deadly weapon finding in its judgment. See TEX. CODE CRIM. PRO. ANN. art. 42.12, ' 3g(a)(2) (Vernon Supp. 2003). We affirm. In his sole point of error, appellant complains that the evidence was insufficient to support the jury's finding that he used or exhibited a deadly weapon in the commission of the offense. HN1To determine if the evidence is legally sufficient, we must review all of the evidence in the light most favorable to the verdict [*2] and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979); Jackson v. State, 17 S.W.3d 664 (Tex.Cr.App.2000). To determine if the evidence is factually sufficient, we must review all of the evidence in a neutral light and determine whether the evidence supporting guilt is so weak as to render the conviction clearly wrong and manifestly unjust or whether the evidence supporting guilt, although adequate when taken alone, is so greatly outweighed by the overwhelming weight of contrary evidence as to render the conviction clearly wrong and manifestly unjust. Vasquez v. State, 67 S.W.3d 229, 236 (Tex.Cr.App.2002); Goodman v. State, 66 S.W.3d 283 (Tex.Cr.App.2001); Johnson v. State, 23 S.W.3d 1, 11 (Tex.Cr.App.2000); Cain v. State, 958 S.W.2d 404 (Tex.Cr.App.1997); Clewis v. State, 922 S.W.2d 126 (Tex.Cr.App. 1996). HN2The Court of Criminal Appeals has defined the terms use and exhibit as they are used in Article 42.12, section 3g(a)(2). [*3] Gale v. State, 998 S.W.2d 221, 225 (Tex.Cr.App. 1999); Patterson v. State, 769 S.W.2d 938, 941 (Tex.Cr.App.1989). The use of a deadly weapon during the commission of a felony offense extends to any employment of a deadly weapon, even its simple possession, if such possession facilitated the associated felony. Patterson v. State, supra. A defendant's use of a deadly weapon in the sense of protecting and facilitating his possession of a controlled substance constitutes use of a deadly weapon under Article 42.12, section 3g(a)(2). Gale v. State, supra; Patterson v. State, supra. In this case, the evidence showed that law enforcement officers searched appellant's residence, pursuant to a search warrant, on December 12, 2001. Investigator Gerald Wayne Rogers of the S.T.O.P. Narcotics Task Force participated in the search. Investigator Rogers testified that, other than the officers, appellant was the only person present at the residence during the search. The officers discovered methamphetamine during the search. They also discovered a working methamphetamine laboratory in the residence and ingredients [*4] necessary to manufacture methamphetamine. Investigator Rogers said that appellant's residence was equipped with surveillance equipment. The officers saw their vehicles on the surveillance television in the living room to the left of the front door. The officers found a loaded sawed-off double-barreled shotgun on a couch that was near the television. Investigator Rogers said that a person sitting on the couch could watch the surveillance on the television and be ready to shoot the shotgun if anybody came in the front door. Investigator Rogers testified that, in his experience, individuals who are involved in manufacturing methamphetamine are generally well armed. Investigator Rogers said that the shotgun was a deadly weapon that was used in the commission of the offense of manufacturing the methamphetamine. Appellant does not deny that the shotgun was a deadly weapon or that he was in possession of it. Rather; he argues that there was no evidence to support the jury's finding that his possession of the shotgun facilitated the associated felony of manufacturing methamphetamine. We disagree. Based on the evidence, a rational trier of fact could find that the shotgun facilitated appellant's [*5] offense of manufacturing. The officers found the loaded shotgun on the couch near the surveillance television. The evidence was legally and factually sufficient to establish that appellant used the shotgun in the sense that it protected and facilitated his
Re: Gestapo harasses John Young, appeals to patriotism, told to fuck off
On Nov 8, 2003, at 11:06 AM, Anonymous wrote: Cryptome received a visit today from FBI Special Agents Todd Renner and Christopher Kelly from the FBI Counterterrorism Office in New York, 26 Federal Plaza, telephone 212) 384-1000. Both agents presented official ID and business cards. Good stuff. Pigs getting concerned about cryptome means they are scared. I don't understand how this Anonymous can title a post with the phrase told to fuck off when John Young's account clearly said that he allowed the Feebs to enter his area and even had them sitting on either side of him. I cannot claim to know what I would do, or will do, if Feds ever visit my home, but I hope I will have the presence of mind to tell them to: a) get off my property b) or to arrest me In either case, talking to them will not help. The way the Reichssecuritat is getting convictions these days is to charge sheeple with lying to Federal agents. Nothing in the Constitution allows compelled speech, except under limited (and I think unconstitutional) cases involving grand juries ordering a person to speak. (Or where use or blanket immunity has been granted, again, probably an unconstitutional measure, as it is compelling potentially self-incriminating evidence which may very well be used in either another case or be twisted to provide a basis for another case.) I hope I will have the self-presence to say You are trespassing. Get off my property, right now! Cooperating with cops snooping around looking for either thoughtcrime or terrorist aid and support is a lose, a big lose. Speculating wildly, the real target may be John Young himself. And nearly anything he said to these narcs may be construed, by them and by their malleable DAs, as lying to a Federal investigator. People should not talk to the Feds. If the Feds come calling, refer them to one's lawyer. For those who don't have a lawyer on retainer, tell them that you need to consult with a lawyer first. Whether you do or you don't is beside the point. The point is to not talk to them. Lying to a Federal investigator is how they probably hope to get Cryptome shut down and John's kind of dissent quelled. --Tim May
Campaign contribution limits and soft money...law of unintended consequences
So the Dems who sought campaign finance reform, via McCain-Feingold (*) are now trying to get an exception to allow George Soros to spend his soft money to help Dems. It seems the legally collected $160 million war chest that Shrub has collected is scaring the Dems, who have raised vastly less. They are looking with lust at the coffers of Soros and others, except the campaign finance reform laws they got passed are a problem... (* McCain is officially a Republican, but is actually deeply statist and is to the left of Ted Kennedy on many things) The Constitutional principle is crystal clear on all of these limits on speech: there ain't none. If Tim May wants to speak out, buy ads, write articles, hire others to speak out, he can. Ditto for George Soros. Ditto for anyone else. Period. The fact that the Supreme Court has not said Just what part of the First Amendment have you not read? and struck down the laws is symptomatic of the sick adhocracy we now live in. I cannot wait for the mushroom cloud over D.C. --Tim May Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound
Re: Gun ownership == using it in crime, Texas court rules
At 11:01 AM 11/12/2003 -0500, Declan McCullagh wrote: Appellant does not deny that the shotgun was a deadly weapon or that he was in possession of it. Rather; he argues that there was no evidence to support the jury's finding that his possession of the shotgun facilitated the associated felony of manufacturing methamphetamine. We disagree. Based on the evidence, a rational trier of fact could find that the shotgun facilitated appellant's [*5] offense of manufacturing. The officers found the loaded shotgun on the couch near the surveillance television. The evidence was legally and factually sufficient to establish that appellant used the shotgun in the sense that it protected and facilitated his manufacturing of the methamphetamine. Gale v. State, supra; Patterson v. State, supra. Appellant's sole point of error is overruled. This sort of stupidity will likely lead to more un-intended consequences. Those that operate a business and possess firearms, to protect the business, will now have to think whether the possession could get them substantial jail time if they are also found to be somehow in violation of some other criminal statute. Imagine a liquor store in a violent neighborhood.that is occasionally selling to underage kids (counterfeit IDs are rampant). Imagine a drug dealer trying to protect their inventory from competitor expropriation. Some will forego having a firearm present and risk what protection it affords. Others will have to consider an uninvited police visit as a personal threat and preemptively open fire. This and 3-strikes laws are not good news for law enforcement. steve
More crap crypto broken (yawn) (fwd from harley@argote.ch)
- Forwarded message from Dr. Robert J. Harley [EMAIL PROTECTED] - From: [EMAIL PROTECTED] (Dr. Robert J. Harley) Date: Wed, 12 Nov 2003 21:25:16 +0100 (CET) To: [EMAIL PROTECTED] Subject: More crap crypto broken (yawn) From The Register: - - Nokia pledges to pursue N-Gage crack creators [...] Nokia today vowed to aggressively pursue the people behind the successful attempt to crack its N-Gage handheld console-cum-phone's copy protection mechanism. A Nokia spokesman told The Register the company had already begun working with ISPs and law enforcement agencies to track down the perpetrators. [...] As we reported earlier, the crack has been implemented in an application which when loaded onto an N-Gage or another Symbian-based Series 60 handset will detect encrypted games stored in the root directory of a memory card, decrypt the files onto the card then add the game in the handset's application launcher. [...] How the copy protection mechanism was cracked isn't known. The Nokia spokesman said the company's system was proprietary [...] [...] Skill is one thing, but as far as time goes, it has taken only a month from the console's release to the public for the code to be cracked. The Nokia spokesman admitted that the company had expected this to happen - which begs the question why, like the DVD Content Scrambling System, the copy protection developers didn't come up with something stronger in the first place. [...] - - See: http://www.theregister.co.uk/content/68/33938.html R .-. .-. / \ .-. .-. / \ / \ / \ .-. _ .-. / \ / \ / \ / \ / \ / \ / \ / \ / \ / \ / \ / `-' `-' \ / \ / \ \ / `-' `-' \ / `-' `-' ___ FoRK mailing list http://xent.com/mailman/listinfo/fork - End forwarded message - -- Eugen* Leitl a href=http://leitl.org;leitl/a __ ICBM: 48.07078, 11.61144 http://www.leitl.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE [demime 0.97c removed an attachment of type application/pgp-signature]
MacOS X (Panther) FileVault
Panther's FileVault has already come up in a previous discussion, but questions which I thought were pretty obvious and which I had expected at least SOMEONE on cypherpunks to pose haven't come up... Sigh. Are there any whitepapers available on the design of FileVault? Except for impressive words from marketing droids (AES-128, industry-standard cipher, yawn) I have seen absolutely zilch on the implementation yet: i.e. is encryption done on a per-file basis or is rather blockwise underneath the filesystem layer (ala loop-aes under Linux)? AES-128, fair enough; but what mode is used for encrypting the files/blocks? ECB? CBC? CTR? CCM? Maybe Apple ported PHK's GBDE [1], MacOS X having FreeBSD underpinnings and all that? What I'd like for Apple to do is step ahead and release the source code of FileVault for per review... Ralf [1] GBDE - GEOM based disk encryption http://phk.freebsd.dk/pubs/bsdcon-03.gbde.paper.pdf -- Ralf-P. Weinmann [EMAIL PROTECTED] PGP fingerprint: 1024D/EF114FC02F150EB9D4F275B6159CEBEAEFCD9B06
Re: MacOS X (Panther) FileVault
On Nov 12, 2003, at 5:40 PM, Ralf-P. Weinmann wrote: Panther's FileVault has already come up in a previous discussion, but questions which I thought were pretty obvious and which I had expected at least SOMEONE on cypherpunks to pose haven't come up... Sigh. Are there any whitepapers available on the design of FileVault? Except for impressive words from marketing droids (AES-128, industry-standard cipher, yawn) I have seen absolutely zilch on the implementation yet: i.e. is encryption done on a per-file basis or is rather blockwise underneath the filesystem layer (ala loop-aes under Linux)? AES-128, fair enough; but what mode is used for encrypting the files/blocks? ECB? CBC? CTR? CCM? Maybe Apple ported PHK's GBDE [1], MacOS X having FreeBSD underpinnings and all that? What I'd like for Apple to do is step ahead and release the source code of FileVault for per review... Loosely related to this, I was at the Hackers Conference this past weekend. At my last attendance, two years ago, Mac Titanium Powerbooks were fairly abundant, but faced good competition from x86 laptops. This time, whoah Nelly, hold the horses! There must have been 40 of them, from the small iBooks to the mid-sized Al- and older Ti-Powerbooks, to the mammoth 17-inch model. It was astounding to me, a long-term Mac user, to see the Mac laptops completely dominant. Looking into the audience, a sea of silvering Mac laptops with the distinctive white, illuminated Apple logo. A big hit was Etherpeg, from www.etherpeg.com, which intercepts packets over a WiFi network and reconstructs the packets into JPEG images (if they exist). Since most of the Macs in the audience were on a local WiFi/AirPort network, arranged ad hoc, the output was put up on the LCD projector during one of the main talks. Images of naked chicks, oh my! ObCrypto: Some of the Linux advocates said they had switched to Macs partly because the small form factor x86 boxes shipped only with Palladium (or its equivalent...they were referring to IBM, so it's whatever IBM is now shipping on its ThinkPads as part of their Digital Rights Management b.s.). A few people had Debian Linux installed on their Mac Powerbooks, though they acknowledged that with OS X being built on BSD Unix, there was no actual need to have Linux. Interestingly, there were virtually no desktops of any sort at the Conference. Partly this is logistical--people have to decide to transport their machines. But the reports that laptops are now accounting for 50% of Apple's sales are showing up in what I saw at the Conference. I hope Apple realizes the marketing edge they are gaining in some circles and doesn't do what Sony and IBM are doing. AMD would also do well to realize that DRM and Palladium/Longhorn is a major marketing clusterfuck.xt --Tim May Dogs can't conceive of a group of cats without an alpha cat. --David Honig, on the Cypherpunks list, 2001-11
Re: MacOS X (Panther) FileVault
At 6:18 PM -0800 11/12/03, Tim May wrote: A big hit was Etherpeg, from www.etherpeg.com, which intercepts packets over a WiFi network and reconstructs the packets into JPEG images (if they exist). Since most of the Macs in the audience were on a local WiFi/AirPort network, arranged ad hoc, the output was put up on the LCD projector during one of the main talks. Images of naked chicks, oh my! This was done for the hack contest at MacHack 2001, also. [ I have no idea if that was the first time, either. ] The following year (2002) it was enhanced to return fake banner ads, since machines on the local net could certainly answer before ads.doubleclick.com could. :-) -- -- Marshall Marshall Clow Idio Software mailto:[EMAIL PROTECTED] Hey! Who messed with my anti-paranoia shot?
Re: MacOS X (Panther) FileVault
On Nov 12, 2003, at 7:13 PM, Marshall Clow wrote: At 6:18 PM -0800 11/12/03, Tim May wrote: A big hit was Etherpeg, from www.etherpeg.com, which intercepts packets over a WiFi network and reconstructs the packets into JPEG images (if they exist). Since most of the Macs in the audience were on a local WiFi/AirPort network, arranged ad hoc, the output was put up on the LCD projector during one of the main talks. Images of naked chicks, oh my! This was done for the hack contest at MacHack 2001, also. [ I have no idea if that was the first time, either. ] The following year (2002) it was enhanced to return fake banner ads, since machines on the local net could certainly answer before ads.doubleclick.com could. :-) I didn't mean to give any impression that it was done by the HC attendees, just that it was a big hit. And since there were 30-50 Macs and PCs in the audience, with many on the ad hoc WiFi/AirPort network, and many links to the outside, there were a _lot_ of JPEGs whizzing by. Sometimes a blizzard of dozens per second, sometimes just a few per second. The dynamics were interesting, too. The JPEGs started out being from porn sites, then became related to whatever the speaker was talking about. For example, if someone mentioned the evening's keynote speaker, Don Norman, a bunch of sites and photos related to him would appear (about 10 seconds later). If someone mentioned snow on the roads (near Yosemite), weather maps would appear. --Tim May
