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New Articles Up!
New Articles Up! at TopKayaker.Net / Sit-on-topKayaking.com (Quick removal link at bottom of page.) AOL USERS - IF LINKS DON'T WORK: e-mail [EMAIL PROTECTED] JUST POSTED - WINTER DECEMBER 2003: SEASONS GREETINGS! New: Review of the Primex / Deluge Kayak Sail: Lean about the V-Sail; how to mount it on your kayak, instructions on how to use and what winds to use it with. The Primex / Deluge Kayak Sail is available from http://www.lyonexpeditions.com Beaufort Wind Scale for kayakers: This common and classic 1805 wind scale by Sir Francis Beaufort has been adapted and enhanced for use by paddlers and kayak sailors. Holiday Gift Guide for kayakers and outdoors enthusiast: Some advice and links for on-line and brick mortar 4 season gear shopping. Worth Revisiting: Hypothermia The Number One danger to paddlers. Be prepared. Cold Water Kayaking - What Clothing You Need Learn of the clothing options available comfort and safety. THE SIT-ON-TOP SHOP - Accessories for your kayak. NEW ITEMS: Six-inch hatch; Padded Paddle Case; Mesh Gear Bag; email TOM for hard to find items or if something appears out of stock. Purchases help our continued efforts to provide you with good instruction and advice. Help Wanted: 2004 Calendar: We need your Sit-On-Top kayak oriented events for the 2004 Calendar here at TopKayaker.Net! Send us your dates for Demo Days, Races, and All Other SOT Events. Anyone is welcome, shops, clubs, schools etc. Send date, type of event, where, and contact info. Send via e-mail to [EMAIL PROTECTED] , subject Calendar. Make sure we have yours before it is too late! Your Kayak Reviews needed: Share your perspective of kayaks you have paddled with others who want to know. Other gear reviews on paddles, PFDs and assorted accessories welcome. Tom Athena Holtey TopKayaker.Net / Sit-on-topKayaking.com --- --- You are currently subscribed to kayak-news as: [EMAIL PROTECTED] To unsubscribe click on the link below: Please Remove Me
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Larry Lessig on ending anonymity through identity escrow
See also: http://politechbot.com/pipermail/politech/2003-December/000268.html --- Date: Fri, 05 Dec 2003 09:12:16 -0500 To: [EMAIL PROTECTED] From: Declan McCullagh [EMAIL PROTECTED] Subject: Larry Lessig replies to Politech over limiting anonymity [fs][priv] --- [Why do I get the feeling that Larry Lessig doesn't like absolute anonymity much at all? Systems for building and defending absolute anonymity already exist in the form of anonymous remailers and Freenet, among others. It would be foolish to follow Larry's advice and concede too quickly that such technologies have so few legitimate uses that they cannot be reasonably defended. Even the oft-benighted Eurocrats have recognized this: a 1997 EC directive encourages anonymity, as does a German federal law (http://www.iid.de/rahmen/iukdgebt.html). In the U.S., since the Federalist Papers were published with effectively absolute pseudonymity, surely the framers of the U.S. Constitution had them in mind when crafting the Bill of Rights. Justice Thomas lists more contemporaneous examples in his McIntyre concurrence (http://supct.law.cornell.edu/supct/html/93-986.ZC1.html). Saying anonymous technologies are indefensible concedes a crucial point: that the government's power is so sweeping that police have the right to learn our identity in all cases. So much for whistleblowing and anonymous reports of public brutality. Perhaps more to the point, the twin privacy-encroaching technologies of automated electronic surveillance and efficient large-scale databases did not exist decades or centuries ago. Absolute anonymity lets us reclaim some of that lost zone of privacy. Lastly, trying to remove absolute anonymity from the Internet (banning strong encryption and computers that can be programmed not to keep logs) would be far more disruptive, destructive, and harmful than proposals like Hollings' CBDTPA that Larry has rightly opposed. --Declan] --- From: Lawrence Lessig [EMAIL PROTECTED] Cc: Declan McCullagh [EMAIL PROTECTED] Subject: Re: [Politech] Economist, Lessig want to preserve freedom by ending anonymity [fs][priv] Date: Fri, 5 Dec 2003 10:16:31 +0900 To: Aaron Swartz [EMAIL PROTECTED] It's not an inaccurate quote, but it is taken out of context. What I said was that the trend in our laws was to destroy any privacy at all -- that the idiocy of Patriot Acts, etc., was effectively eliminating any form of privacy. There are two kinds of responses to this -- one to try to defend and build a system protecting absolute anonymity; the second is to build effective protections for pseudonymous life, which is shorthand for traceable transactions, but where the permission to trace is protected by something like a warrant requirement. I'm not saying the government should build these systems, but that they should be permitted and indeed encouraged. In my view, we will make no progress following path one, but that we would strongly advance privacy if we could advance path two. A strong ethic and architecture of pseudonymous identity, properly protected, would give us more privacy than we have today. Of course, it is possible (and probably likely) that such an architecture would not properly protect the link between a transaction and the privacy of a person. Government officials, for example, upon mere suspicion would be able to break the link, etc. That of course is not what I am promoting. I would promote a regime where the gov't required a very strong warrant-like reason before it could break the code that makes the link. But I will not that the baseline from which we're starting is a world where no real showing is necessary for this sort of surveillance. On Dec 4, 2003, at 9:26 AM, Aaron Swartz wrote: To preserve freedom further, suggests Mr Lessig, anonymity could be replaced by [warrant-traceable] pseudonymity. Can you explain this? The Economist article seemed to be total nonsense, but I'm surprised they paraphrase you as saying something like this. In general, for eliminating anonymity to make sense you need to answer three questions: 1. Is anonymity the problem? Between DMCA subpoenas and national security letters, it seems that very few people on the Internet have even limited anonymity. 2. Will the people who are anonymous evade things? The people who _are_ anonymous, of course, are people like crackers. If you outlaw anonymity, crackers will likely find security holes that let them hide their identity and pass their actions off as those of others (e.g. using the WiFi network of some squeaky-clean grandma to launch the attacks). 3. Is it worth the cost? Even if you can answer the above questions, it'll be difficult to do without knocking large groups of people off the Internet. (If the digital divide is bad now, imagine what it'll be like when you need a credit card to get on the Net.) Were you misquoted? If not, can you answer these questions? Or is this more blind optimism? -- Aaron
[IP] Markle Report -- Creating A Trusted Information Network for Homeland Security (fwd from dave@farber.net)
- Forwarded message from Dave Farber [EMAIL PROTECTED] - From: Dave Farber [EMAIL PROTECTED] Date: Fri, 05 Dec 2003 10:17:55 -0500 To: [EMAIL PROTECTED] Subject: [IP] Markle Report -- Creating A Trusted Information Network for Homeland Security X-Mailer: QUALCOMM Windows Eudora Version 6.0.1.1 [ For the record, I am a member of the Markle Taskforce djf]'' TASK FORCE SAYS GOVERNMENT HAS NOT YET TAKEN ADVANTAGE OF AMERICA'S TECHNOLOGY EXPERTISE TO COMBAT TERRORISM Markle Task Force Addresses Actions Needed to Create Information Network to Enhance Security while Preserving Civil Liberties To download a copy of Creating A Trusted Information Network for Homeland Security or for more information on the Task Force, please visit www.markletaskforce.org http://www.markletaskforce.org Washington, D.C. (December 2, 2003) - The Markle Foundation Task Force on National Security in the Information Age today released its second report, concluding that the U.S. government has not yet taken advantage of America's technology expertise to fight the war on terrorism. In its report, Creating A Trusted Information Network for Homeland Security, the Task Force catalogs current gaps in the nation's system for analyzing and sharing intelligence. It details the elements of a proposed System-wide Homeland Analysis and Resource Exchange (SHARE) Network that would more effectively combat terrorism while protecting privacy and other civil liberties. In its first report in October 2002, the Markle Task Force identified the ability to share information as the most urgent task facing government in protecting the homeland. It laid out a plan for a distributed information technology network to share terrorism-related information among federal, state and local government agencies and the private sector so that threats could be identified and prevented. In it second report, the Task Force finds that the government's progress since September 11, 2001, toward building an adequate network has been slow and is not guided by an overall vision of how information should be shared and analyzed in keeping with adequate guidelines to protect privacy and other civil liberties. Good work is being done in some agencies, but isolated projects cannot reach scale or break through cultural barriers fast enough to prevent another attack. Using currently available technology, the government can set up a network that substantially improves our ability to prevent terrorism and protect civil liberties, said Zoe Baird, president of the Markle Foundation and co-chair with James Barksdale of the Markle Task Force on National Security in the Information Age. Public trust in a network that uses information about people in the U.S. can only be achieved if government-wide guidelines for information sharing and privacy protection are established after open public debate. The Task Force -- whose members include some of the nation's leading experts on national security who served in the Carter, Reagan, Bush and Clinton Administrations, as well as leading experts on information technology and civil liberties -- calls on the President to: * Set the goal of creating the network; * issue clear government-wide policy guidelines for the government's collection and use of domestic information, including private sector information about U.S. persons; * clarify the respective roles of DHS, the Terrorist Threat Integration Center (TTIC), the FBI and other federal agencies involved with collection and analysis of domestic terrorism information. The Task Force concluded that until the government gives priority to breaking down its institutional barriers to cooperation and presents the public with a cohesive plan for the network, the public will not understand how private sector information is a critical part of the network. Further, government-wide guidelines are needed that clearly define the security interests in research into data mining of private sector information and that provide controls to address the privacy implications of such programs in order to establish public trust in these programs. In its report, the Task Force notes that it is essential that the government shed its Cold War culture in order to properly address the threat the nation faces from terrorism. During the Cold War, the use of information was dominated by a culture of classification and tight limitations on access, in which information was shared only on a need to know basis. However, the events of September 11 have starkly demonstrated the dangers associated with the failure to share information, not only within the federal government, but also between the federal government, on the one hand, and state and local governments and the private sector on the other. The threat today requires unprecedented speed in the way the government collects, shares, and acts on information. To deal with this threat, information needs to be tailored to facilitate decision-making and
Privacy and Property on the Net: Research Questions
http://www.sciencemag.org/cgi/content/full/302/5651/1686 PERCEPTIONS OF SCIENCE ESSAY: Privacy and Property on the Net: Research Questions William Sims Bainbridge* The Net, which consists of the Internet plus the parallel networks of commercial and military data communication, raises serious issues of personal information vulnerability and ownership of intellectual property. Peer-to-peer sharing of music files over Internet, for example, challenges the existing system of copyright. Counterterrorism data mining systems hunt for signs of suspicious activity across vast databases of information about people who do not wish to be spied upon. Research by social and information scientists is needed to clarify many such issues. To a sociologist, perhaps the most interesting quality of Internet and other data transmission networks is their potential to alter power relationships with respect to personal privacy and intellectual property. Both are restrictions on the free flow of information. Government is implicated in both, on the one hand by providing legal support for them and, on the other hand, by potentially violating them in the pursuit of its own goals, such as national security. Social scientists have only just begun framing research projects to learn how the Internet is liberating information from traditional restraints or to understand the likely human consequences. Although both privacy and property are rooted deep in humanity's evolutionary past, they are variables, and societal norms change. For example, until a century and a half ago, U.S. census takers would post their completed enumeration forms in the town square for anyone to read, but from 1850 until 1954 when Title 13 of the U.S. Code forbade publication of an individual's records, a complex series of steps gradually increased confidentiality protections (1). Today, the Census Bureau keeps the data confidential for 72 years. This change has largely been driven by the increasing government collection of data about its citizens, to facilitate social services, taxation, and management of the economy (2). By offering confidentiality, government hopes the public will relinquish some of its traditional privacy. Whether citizens benefit from government collection of data about them is another matter. In Maryland, every prospective juror is asked what his or her religion is, even though this information is not used in the jury selection process. The religion data are kept confidential, but all information about prospective jurors that is used in the selection is made public. Thus, we have the bizarre situation of costly information being kept confidential precisely because it is useless. The idea that government should regulate intellectual property through copyrights and patents is relatively recent in human history, and the precise details of what intellectual property is protected for how long vary across nations and occasionally change. There are two standard sociological justifications for patents or copyrights: They reward creators for their labor, and they encourage greater creativity. Both of these are empirical claims that can be tested scientifically and could be false in some realms (3, 4). Consider music (5). Star performers existed before the 20th century, such as Franz Liszt and Niccolo Paganini, but mass media produced a celebrity system promoting a few stars whose music was not necessarily the best or most diverse. Copyright provides protection for distribution companies and for a few celebrities, thereby helping to support the industry as currently defined, but it may actually harm the majority of performers. This is comparable to Anatole France's famous irony, The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges. In theory, copyright covers the creations of celebrities and obscurities equally, but only major distribution companies have the resources to defend their property rights in court. In a sense, this is quite fair, because nobody wants to steal unpopular music, but by supporting the property rights of celebrities, copyright strengthens them as a class in contrast to anonymous musicians. Internet music file sharing has become a significant factor in the social lives of children, who download bootleg music tracks for their own use and to give as gifts to friends. If we are to believe one recent poll done by a marketing firm rather than social scientists, 48% of American Internet users aged 12 to 17 had downloaded music files in the past month (6). In so doing, they violate copyright laws, and criminologists would hypothesize they thereby learn contempt for laws in general. A poll by the Pew Internet and American Life Project found that two-thirds of an estimated 35 million Americans who download music files do not care whether they are copyrighted (7). Thus, on the level of families, ending copyright could be morally as well as economically advantageous. On a much higher level,
Re: Larry Lessig on ending anonymity through identity escrow
DO NOT FORWARD THIS MESSAGE TO ANY OTHER LISTS. I AM GETTING TIRED OF SEEING CYPHERPUNKS JUST BE THE DUMPING GROUND FOR STUFF FROM OTHER LISTS. In almost all foreseeable cases, a system which allows identity escrow _cost more_ than a system which does not. This is analogous to the increased costs of a identity-based money system over an immediate-clearing, non-identity-based system. As an example, consider the network of CP or Mixmaster sorts of remailers. To package a payload through N remailers is a relatively easy thing for a a sender to do. But to arrange for propagation of escrowed identity at each (or most) of these N remailer nodes is costly. Any of these N remailers, in K different countries/jurisdictions, may use the legal warrant access method to open the identity escrow. For example, Finland in the Scientology/NOTS case...Finland surely would have used their legal warrant method had such an option existed. This is part of a larger issue, a philosophical one, about who controls legal warrants. The Jew can be killed by using legal warrants, in Third Reich Germany. The libertarian in Soviet Russia. The pornographer in Canada. And nearly anyone who deviates from the official line in these beknighted states of america: smut peddlers, drug legalization advocates, supporters of Russia vs. Chechnya prior to 9/11, supporters of Chechnya vs. Russia after 9/11, liberators of Diebold documents showing the weakness of their voting machines, and so on and on. See my 1995-6 list of our enemies (Catholics, Whigs, Mormons, Communists...) for a very long list of those for whom identity escrow would have meant death or imprisonment in these beknighted states. Back to the cost issue. Prof. Lessig argues that voluntary identity escrow systems should be encouraged. How/ Through nattering to people about how they ought to use a more expensive, less flexible system which exposes them to possible danger and which costs them more to use than the stronger alternative? Ha! Or encouraged in the sense of using state power to make stronger systems illegal or artificially taxed at higher rates? Why doesn't the U.S.G. just set up a Big Brother Remailer with the kind of identity escrow proposed? Let's then see how many freedom fighters working for the overthrow of the U.S. government use it. Let's see how many critics of the Church of Scientology, threatened with lawsuits and legal warrants, use it. Let's see how much child porn gets traded on it. --Tim May
Re: Larry Lessig on ending anonymity through identity escrow
On Dec 5, 2003, at 3:53 PM, Tim May wrote: Back to the cost issue. Prof. Lessig argues that voluntary identity escrow systems should be encouraged. How/ Through nattering to people about how they ought to use a more expensive, less flexible system which exposes them to possible danger and which costs them more to use than the stronger alternative? Ha! Or encouraged in the sense of using state power to make stronger systems illegal or artificially taxed at higher rates? Why doesn't the U.S.G. just set up a Big Brother Remailer with the kind of identity escrow proposed? Let's then see how many freedom fighters working for the overthrow of the U.S. government use it. Let's see how many critics of the Church of Scientology, threatened with lawsuits and legal warrants, use it. Let's see how much child porn gets traded on it. And there are so many other points, long discussed here (1992-present), which Lessig's proposal would run into: * what if someone, like me, forwards items sent untraceably to me? (The Lessig Escrow remailer does not even know it is from me, or forwarded by me, unless and until he gets a legal warrant to open the contents...too late, then.) (If passing on a comment from another is illegal, on what basis? A remailer is just as easily seen as an editor or re-commenter.) * if government controls remailers, what of those plotting against government? Is Jefferson supposed to use the King's remailers? * if the systems Lessig thinks should be encouraged are in fact set up--and no doubt some such systems already exist--how can they know that they are not themselves being used as part of a chain which includes traditionally-untraceable (CP, Mix remailers) upstream? Without looking, using their ostensible legal warrants, a Big Brother Remailer has no way of knowing that the messages sent through from Tim were not just the messages of others. BTW, an argument I heard years ago from a proponent of an identity escrow system, long before Lessig, was that this approach would be blocked by making Tim responsible for all words or messages flowing into an IE remailer, even those he could not read (because they had been encrypted). The idea is to stop this chaining attack by making each user responsible for checking all the way back. In other words, for an IE system to work, competitors must be banned. Which is the same conclusion reached via other paths. (And, though IANAL, even I know that making Tim legally responsible even for messages he has no way of knowing fails the scienter test. Absent a ban on encryption, what Tim has done in passing along to Larry's Remailer a message which actually arrived from a non-IE remailer is nothing more than passing along something he was given. He has no knowledge of the contents (scienter requirement) and is not breaking any laws, absent a ban on competitors to IE remailers.) Anyway, this was hashed out many times in the early 90s and shortly after the very similar proposal for Clipper and other similar forms of key escrow. I have nothing against Lessig, but it bugs me that he's considered by some to be one of the Great Cyberspace Thinkers when his ideas are so easily dismissed...and were argued on both sides so many years ago. Larry Lessig ought to read, and think deeply about, the first ten years of traffic on the Cypherpunks list. Especially the first five years. --Tim May
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Larry Lessig on ending anonymity through identity escrow
See also: http://politechbot.com/pipermail/politech/2003-December/000268.html --- Date: Fri, 05 Dec 2003 09:12:16 -0500 To: [EMAIL PROTECTED] From: Declan McCullagh [EMAIL PROTECTED] Subject: Larry Lessig replies to Politech over limiting anonymity [fs][priv] --- [Why do I get the feeling that Larry Lessig doesn't like absolute anonymity much at all? Systems for building and defending absolute anonymity already exist in the form of anonymous remailers and Freenet, among others. It would be foolish to follow Larry's advice and concede too quickly that such technologies have so few legitimate uses that they cannot be reasonably defended. Even the oft-benighted Eurocrats have recognized this: a 1997 EC directive encourages anonymity, as does a German federal law (http://www.iid.de/rahmen/iukdgebt.html). In the U.S., since the Federalist Papers were published with effectively absolute pseudonymity, surely the framers of the U.S. Constitution had them in mind when crafting the Bill of Rights. Justice Thomas lists more contemporaneous examples in his McIntyre concurrence (http://supct.law.cornell.edu/supct/html/93-986.ZC1.html). Saying anonymous technologies are indefensible concedes a crucial point: that the government's power is so sweeping that police have the right to learn our identity in all cases. So much for whistleblowing and anonymous reports of public brutality. Perhaps more to the point, the twin privacy-encroaching technologies of automated electronic surveillance and efficient large-scale databases did not exist decades or centuries ago. Absolute anonymity lets us reclaim some of that lost zone of privacy. Lastly, trying to remove absolute anonymity from the Internet (banning strong encryption and computers that can be programmed not to keep logs) would be far more disruptive, destructive, and harmful than proposals like Hollings' CBDTPA that Larry has rightly opposed. --Declan] --- From: Lawrence Lessig [EMAIL PROTECTED] Cc: Declan McCullagh [EMAIL PROTECTED] Subject: Re: [Politech] Economist, Lessig want to preserve freedom by ending anonymity [fs][priv] Date: Fri, 5 Dec 2003 10:16:31 +0900 To: Aaron Swartz [EMAIL PROTECTED] It's not an inaccurate quote, but it is taken out of context. What I said was that the trend in our laws was to destroy any privacy at all -- that the idiocy of Patriot Acts, etc., was effectively eliminating any form of privacy. There are two kinds of responses to this -- one to try to defend and build a system protecting absolute anonymity; the second is to build effective protections for pseudonymous life, which is shorthand for traceable transactions, but where the permission to trace is protected by something like a warrant requirement. I'm not saying the government should build these systems, but that they should be permitted and indeed encouraged. In my view, we will make no progress following path one, but that we would strongly advance privacy if we could advance path two. A strong ethic and architecture of pseudonymous identity, properly protected, would give us more privacy than we have today. Of course, it is possible (and probably likely) that such an architecture would not properly protect the link between a transaction and the privacy of a person. Government officials, for example, upon mere suspicion would be able to break the link, etc. That of course is not what I am promoting. I would promote a regime where the gov't required a very strong warrant-like reason before it could break the code that makes the link. But I will not that the baseline from which we're starting is a world where no real showing is necessary for this sort of surveillance. On Dec 4, 2003, at 9:26 AM, Aaron Swartz wrote: To preserve freedom further, suggests Mr Lessig, anonymity could be replaced by [warrant-traceable] pseudonymity. Can you explain this? The Economist article seemed to be total nonsense, but I'm surprised they paraphrase you as saying something like this. In general, for eliminating anonymity to make sense you need to answer three questions: 1. Is anonymity the problem? Between DMCA subpoenas and national security letters, it seems that very few people on the Internet have even limited anonymity. 2. Will the people who are anonymous evade things? The people who _are_ anonymous, of course, are people like crackers. If you outlaw anonymity, crackers will likely find security holes that let them hide their identity and pass their actions off as those of others (e.g. using the WiFi network of some squeaky-clean grandma to launch the attacks). 3. Is it worth the cost? Even if you can answer the above questions, it'll be difficult to do without knocking large groups of people off the Internet. (If the digital divide is bad now, imagine what it'll be like when you need a credit card to get on the Net.) Were you misquoted? If not, can you answer these questions? Or is this more blind optimism? -- Aaron
