On Wed, Jan 09, 2002 at 09:08:00AM -0700, colbyd wrote:
> 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.
>
> 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
>
> Just wondering if my reading is correct here.
First thing is that all of this is irrelevent. Nothing restricts the
power and the force of the state except the same of those opposed to
it. It is not the law which determines something, but rather the
power and the will of the state. The law is really just a mechanism
to cow people into submission, by having people already indoctrinated
to obeying it without thinking, without the state actually having to
/do/ anything. Therefore, even simply *acknowledging* the law, even
if one does not try to follow it, makes the state stronger, because of
one's psychological programming to obey the law.
--
Yes, I know my enemies.
They're the teachers who tell me to fight me.
Compromise, conformity, assimilation, submission, ignorance,
hypocrisy, brutality, the elite.
All of which are American dreams.
- Rage Against The Machine
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