Victory at last

2004-03-23 Thread Duncan Bird

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FreeS/WAN Continues As Openswan (fwd from brian-slashdotnews@hyperreal.org)

2004-03-23 Thread Eugen Leitl

Don't forget http://strongswan.org as well.

- Forwarded message from [EMAIL PROTECTED] -

From: [EMAIL PROTECTED]
Date: 23 Mar 2004 11:26:01 -
To: [EMAIL PROTECTED]
Subject: FreeS/WAN Continues As Openswan
User-Agent: SlashdotNewsScooper/0.0.3

Link: http://slashdot.org/article.pl?sid=04/03/23/029
Posted by: timothy, on 2004-03-23 10:21:00
Topic: encryption, 25 comments

   from the duckling-of-indeterminate-pulchritude dept.
   leto writes It seems some of the developers and volunteers of the
   (recently deceased) FreeS/WAN project have started a [1]new company to
   develop and support the successor of the Linux IPsec code under the
   name of [2]Openswan in a Cygnus style business model. They
   [3]announced the new version at CeBIT which fully supports the new
   Linux 2.6 native IPsec stack. According to the [4]Openswan website, it
   was started 'by a few of the developers who were growing frustrated
   with the politics surrounding the FreeS/WAN project.' There is a
   [5]FAQ that explains how the various parts of IPsec on Linux work
   together. I guess that means US citizens can finally submit patches,
   and that distributions like RedHat/Fedora can now include it in their
   distribution. FreeS/WAN has always had the most features and most the
   most user-friendly configuration. It is good to see that will
   continue. And their [6]mailing list finally seems to refuse spam too.

   [7]Click Here 

References

   1. http://www.xelerance.com/
   2. http://www.openswan.org/
   3. http://www.xelerance.com/pr/20040317/
   4. http://www.openswan.org/about.php
   5. http://www.xelerance.com/pr/20040318/#faq
   6. http://lists.openswan.org/pipermail/users/2004-March/thread.html
   7. 
http://ads.osdn.com/?ad_id=2683alloc_id=6523site_id=1request_id=3326894op=clickpage=%2farticle%2epl

- End forwarded message -
-- 
Eugen* Leitl a href=http://leitl.org;leitl/a
__
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Supreme Court to Decide Mandatory Identification Case

2004-03-23 Thread R. A. Hettinga
http://www.nytimes.com/2004/03/22/politics/22CND-SCOT.html?amp;ei=5062en=d465b07e1cd628eepartner=GOOGLEex=1080622800pagewanted=printposition=

The New York Times

March 22, 2004

Supreme Court to Decide Mandatory Identification Case
By LINDA GREENHOUSE

ASHINGTON, March 22 - A Nevada rancher's refusal four years ago to tell a
deputy sheriff his name led to a Supreme Court argument today on a question
that, surprisingly, the justices have never resolved: whether people can be
required to identify themselves to the police when the police have some
basis for suspicion but lack the probable cause necessary for an actual
arrest.

The answer, in a case that has drawn intense interest from those who fear
increased government intrusion on personal privacy, appeared elusive.

A name itself is a neutral fact that is neither incriminating nor an
undue invasion of privacy, Conrad Hafen, Nevada's senior deputy attorney
general, told the court in defense of a state statute that requires people
to identify themselves to the police if stopped under circumstances which
reasonably indicate that the person has committed, is committing or is
about to commit a crime.

Justice David H. Souter told Mr. Hafen, It's a neutral fact that I'm
wearing a pinstripe suit. But, he added, if someone who had just robbed a
bank was reported to be wearing a pinstripe suit, that fact, if reported to
the police, might no longer be so neutral.

The Bush administration joined the state in defending the statute.

Lawyers for Larry D. Hiibel , who was appealing his conviction for
violating the Nevada law, raised two constitutional challenges to the
identification requirement: that it amounts to an illegal search under the
Fourth Amendment, and that it compels self-incrimination in violation of
the Fifth Amendment.

The Nevada Supreme Court upheld Mr. Hiibel's conviction, a misdemeanor, and
rejected his constitutional challenge to the state law. Standing by the
side of his pick-up truck on a rural road, he had been approached by a
sheriff's deputy who was investigating a passing motorist's report that a
man in the truck had been hitting a woman. The woman in the passenger
compartment was Mr. Hiibel's adult daughter.

The deputy sheriff, Lee Dove, asked Mr. Hiibel 11 times for identification.
Mr. Hiibel, saying he had done nothing wrong, refused to give his name and
challenged Mr. Dove to arrest him. Eventually, the deputy complied. A
videotape of the incident, captured by a camera in the squad car, is on Mr.
Hiibel's Web side, www.hiibel.com. Mr. Hiibel was never charged with any
criminal offense beyond his refusal to identify himself.

A landmark Supreme Court ruling in 1968, Terry v. Ohio, gave the police the
authority to briefly detain, question and conduct a pat-down search of
someone whose activities - casing a Cleveland storefront, in that case -
gave rise to reasonable suspicion, short of probable cause for a formal
arrest. There is no dispute that the encounter between Mr. Hiibel and
Deputy Dove was a Terry stop within the meaning of that decision. The
dispute in Hiibel v. Sixth Judicial District Court, No. 03-5554, is over
Mr. Hiibel's response, or lack of response.

Nevada's deputy state public defender, Robert E. Dolan, told the justices
that while the deputy certainly had the right to ask Mr. Hiibel for his
name, equally so, Mr. Hiibel had the right not to respond.

Justice Antonin Scalia was openly skeptical. What is the meaning of
Terry? he asked. Did Mr. Dolan mean that the police were allowed to ask
questions but shouldn't expect answers?

Yes, the public defender replied; the state should not be permitted to
criminalize silence or to extract data from a person.

Justice Stephen G. Breyer appeared to agree, suggesting a rule under which
the police can ask but the citizen does not have to answer. Everyone can
understand that, Justice Breyer said, adding, Why complicate this thing?
Several Supreme Court decisions over the years have suggested such a rule,
but there has never been a formal opinion to that effect.

One of the Fourth Amendment questions in the case is whether a person's
refusal to answer a seemingly benign identity question can convert a police
officer's reasonable suspicion into probable cause to make an arrest.
Only Justice Scalia appeared to endorse that prospect. I would think any
reasonable citizen would answer, he observed.

One of the many wrinkles in the case is that once a person is actually
arrested, the right to remain silent is guaranteed by the Fifth Amendment.
To that extent, a person who falls under a lesser degree of suspicion may
be seen as having less constitutional protection. Another wrinkle is that
there is no claim that the police cannot run a check on a license tag or -
if the suspect is driving - ask to see the driver's license. In this case,
Mr. Hiibel's daughter was behind the wheel, Mr. Hiibel was outside the
truck, and the case was not treated as a traffic investigation.

As a matter of Fifth 

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[osint] Martha's lesson - don't talk to the FBI

2004-03-23 Thread R. A. Hettinga

--- begin forwarded text


To:
From: Tefft, Bruce [EMAIL PROTECTED]
Mailing-List: list [EMAIL PROTECTED]; contact [EMAIL PROTECTED]
Delivered-To: mailing list [EMAIL PROTECTED]
Date: Mon, 22 Mar 2004 14:32:37 -0500
Subject: [osint] Martha's lesson - don't talk to the FBI
Reply-To: [EMAIL PROTECTED]

Thought everyone knew that.

Bruce


- http://www.nwanews.com/times/story_Editorial.php?storyid=115586

Guest Commentary : Martha's lesson - don't talk to the FBI
BY DONALD KAUL
Posted on Saturday, March 20, 2004

Here is the lesson to be learned from the fall of Martha

Stewart:

Don't ever, under any circumstances, answer questions put to you by the FBI
or any other federal agent unless you have a competent criminal lawyer at
your side. And it would be better if it were a very good criminal lawyer.
There are other lessons to be drawn from the fate of poor Martha, but that's
the main one. You see, there is a section in the federal code, referred to
as 1001 by legal eagles, that makes it a crime to lie to a federal agent.
The agent doesn't have to put you under oath. If you tell him or her a lie,
you're guilty. The federal officer doesn't even have to tape the
conversation. All he or she has to do is produce handwritten notes that
indicate that you made false statements. So, if you misspeak or the agent
mishears or there is an ambiguity that the agent chooses to interpret in an
unfortunate (for you) direction, you're on the hook. There's also the
possibility that you might be tempted to shade the truth a bit when an IRS
agent is quizzing you about that business deduction you took for the trip to
Vegas. My advice to you is: Don't do it. To be on the safe side, when
confronted by a federal agent, don't say anything at all unless your lawyer
says you have to.

It's a shame things have come to this. It used to be that people felt it
their duty as citizens to cooperate with federal authorities. That was
before Law 1001.

We now live in an era of Incredible Shrinking Civil Rights. You have to
protect yourself at all times.

Let's look more closely at the case of Poor Martha the Match Girl. What did
she do?

She was convicted of lying about the reason she sold her shares in a
biotechnology company two years ago. She said she sold them because they had
fallen to the price at which she and her broker had agreed to sell.

The government argued (and the jury believed) that she sold because her
broker passed on some inside information that the stock was going to plunge
in the next couple of days.

I know what you're going to say - insider trading. True, it has that smell
about it, but the government did not charge her with insider trading, only
with lying about it.

I hate that. It seems to me that convicting someone of lying about a crime
that the government isn't willing to prove happened is unfair.

Add to that the fact that Ms. Stewart saved all of $45,000 on the stock
transaction and has seen her fortune decrease by hundreds of millions
because of the trial, and the penalty does not seem to fit the crime.

I think the reason the government has spent millions pursuing this two-bit
case is because Ms. Stewart is famous and the case makes it look as though
the Justice Department is doing a bang-up job running down crooks in high
places. Also, the lifestyle lady - a political contributor to Democrats
rather than Republicans, incidentally - irritated prosecutors with her
haughty, arrogant attitude. (It's always a bad idea to make prosecutors
mad.)

Then too, her high-priced attorney, Robert Morvillo, lost a series of
strategic gambles that left his client virtually defenseless. After the
government had spent six weeks making the case against Stewart, Morvillo
called only one witness in her defense and questioned him for 20 minutes.

His chief argument was that Stewart and her broker were too smart to pull a
dumb stunt like this. As one juror said later, How could we tell anything
about how smart either of them was if they never took the stand?

Ultimately, I suppose, Ms. Stewart's downfall was precipitated by petty
greed, arrogance and deceitfulness, not attractive attributes.

But I still feel sorry for her. She's getting worse than she deserves.

Donald Kaul recently retired as Washington columnist for the Des Moines
Register.




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2004-03-23 Thread faithinchaos
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Supreme Court to Decide Mandatory Identification Case

2004-03-23 Thread R. A. Hettinga
http://www.nytimes.com/2004/03/22/politics/22CND-SCOT.html?amp;ei=5062en=d465b07e1cd628eepartner=GOOGLEex=1080622800pagewanted=printposition=

The New York Times

March 22, 2004

Supreme Court to Decide Mandatory Identification Case
By LINDA GREENHOUSE

ASHINGTON, March 22 - A Nevada rancher's refusal four years ago to tell a
deputy sheriff his name led to a Supreme Court argument today on a question
that, surprisingly, the justices have never resolved: whether people can be
required to identify themselves to the police when the police have some
basis for suspicion but lack the probable cause necessary for an actual
arrest.

The answer, in a case that has drawn intense interest from those who fear
increased government intrusion on personal privacy, appeared elusive.

A name itself is a neutral fact that is neither incriminating nor an
undue invasion of privacy, Conrad Hafen, Nevada's senior deputy attorney
general, told the court in defense of a state statute that requires people
to identify themselves to the police if stopped under circumstances which
reasonably indicate that the person has committed, is committing or is
about to commit a crime.

Justice David H. Souter told Mr. Hafen, It's a neutral fact that I'm
wearing a pinstripe suit. But, he added, if someone who had just robbed a
bank was reported to be wearing a pinstripe suit, that fact, if reported to
the police, might no longer be so neutral.

The Bush administration joined the state in defending the statute.

Lawyers for Larry D. Hiibel , who was appealing his conviction for
violating the Nevada law, raised two constitutional challenges to the
identification requirement: that it amounts to an illegal search under the
Fourth Amendment, and that it compels self-incrimination in violation of
the Fifth Amendment.

The Nevada Supreme Court upheld Mr. Hiibel's conviction, a misdemeanor, and
rejected his constitutional challenge to the state law. Standing by the
side of his pick-up truck on a rural road, he had been approached by a
sheriff's deputy who was investigating a passing motorist's report that a
man in the truck had been hitting a woman. The woman in the passenger
compartment was Mr. Hiibel's adult daughter.

The deputy sheriff, Lee Dove, asked Mr. Hiibel 11 times for identification.
Mr. Hiibel, saying he had done nothing wrong, refused to give his name and
challenged Mr. Dove to arrest him. Eventually, the deputy complied. A
videotape of the incident, captured by a camera in the squad car, is on Mr.
Hiibel's Web side, www.hiibel.com. Mr. Hiibel was never charged with any
criminal offense beyond his refusal to identify himself.

A landmark Supreme Court ruling in 1968, Terry v. Ohio, gave the police the
authority to briefly detain, question and conduct a pat-down search of
someone whose activities - casing a Cleveland storefront, in that case -
gave rise to reasonable suspicion, short of probable cause for a formal
arrest. There is no dispute that the encounter between Mr. Hiibel and
Deputy Dove was a Terry stop within the meaning of that decision. The
dispute in Hiibel v. Sixth Judicial District Court, No. 03-5554, is over
Mr. Hiibel's response, or lack of response.

Nevada's deputy state public defender, Robert E. Dolan, told the justices
that while the deputy certainly had the right to ask Mr. Hiibel for his
name, equally so, Mr. Hiibel had the right not to respond.

Justice Antonin Scalia was openly skeptical. What is the meaning of
Terry? he asked. Did Mr. Dolan mean that the police were allowed to ask
questions but shouldn't expect answers?

Yes, the public defender replied; the state should not be permitted to
criminalize silence or to extract data from a person.

Justice Stephen G. Breyer appeared to agree, suggesting a rule under which
the police can ask but the citizen does not have to answer. Everyone can
understand that, Justice Breyer said, adding, Why complicate this thing?
Several Supreme Court decisions over the years have suggested such a rule,
but there has never been a formal opinion to that effect.

One of the Fourth Amendment questions in the case is whether a person's
refusal to answer a seemingly benign identity question can convert a police
officer's reasonable suspicion into probable cause to make an arrest.
Only Justice Scalia appeared to endorse that prospect. I would think any
reasonable citizen would answer, he observed.

One of the many wrinkles in the case is that once a person is actually
arrested, the right to remain silent is guaranteed by the Fifth Amendment.
To that extent, a person who falls under a lesser degree of suspicion may
be seen as having less constitutional protection. Another wrinkle is that
there is no claim that the police cannot run a check on a license tag or -
if the suspect is driving - ask to see the driver's license. In this case,
Mr. Hiibel's daughter was behind the wheel, Mr. Hiibel was outside the
truck, and the case was not treated as a traffic investigation.

As a matter of Fifth 

Re: MannWorld vs. BrinWorld

2004-03-23 Thread Major Variola (ret)
At 09:30 PM 3/22/04 -0600, Harmon Seaver wrote:
On Mon, Mar 22, 2004 at 09:12:34PM -0500, An Metet wrote:

 Robert Hettinga forwards:
  By concentrating sensing and data storage on the body, a wearable
  computer allows its user to ``control his own butt.''  The user

 What the hell does this have to do with cypherpunks?

   What the fuck rock did you crawl out from under?


Seconded, Harmon.  CP has long included privacy (ie control, aka
personal
infosec) as a topic.  And the use and abuse of wireless tracker^H^H^H^H
cellphones
(and what they will morph into) is a legit socio-tech topic which can
draw heavily on crypto.

And the other thread, s*veillance (ie reverse-panopticon) is completely
on target.
Again, the core idea being privacy.Something for which crypto was
invented.

Keep 'em coming Bob.






[osint] Martha's lesson - don't talk to the FBI

2004-03-23 Thread R. A. Hettinga

--- begin forwarded text


To:
From: Tefft, Bruce [EMAIL PROTECTED]
Mailing-List: list [EMAIL PROTECTED]; contact [EMAIL PROTECTED]
Delivered-To: mailing list [EMAIL PROTECTED]
Date: Mon, 22 Mar 2004 14:32:37 -0500
Subject: [osint] Martha's lesson - don't talk to the FBI
Reply-To: [EMAIL PROTECTED]

Thought everyone knew that.

Bruce


- http://www.nwanews.com/times/story_Editorial.php?storyid=115586

Guest Commentary : Martha's lesson - don't talk to the FBI
BY DONALD KAUL
Posted on Saturday, March 20, 2004

Here is the lesson to be learned from the fall of Martha

Stewart:

Don't ever, under any circumstances, answer questions put to you by the FBI
or any other federal agent unless you have a competent criminal lawyer at
your side. And it would be better if it were a very good criminal lawyer.
There are other lessons to be drawn from the fate of poor Martha, but that's
the main one. You see, there is a section in the federal code, referred to
as 1001 by legal eagles, that makes it a crime to lie to a federal agent.
The agent doesn't have to put you under oath. If you tell him or her a lie,
you're guilty. The federal officer doesn't even have to tape the
conversation. All he or she has to do is produce handwritten notes that
indicate that you made false statements. So, if you misspeak or the agent
mishears or there is an ambiguity that the agent chooses to interpret in an
unfortunate (for you) direction, you're on the hook. There's also the
possibility that you might be tempted to shade the truth a bit when an IRS
agent is quizzing you about that business deduction you took for the trip to
Vegas. My advice to you is: Don't do it. To be on the safe side, when
confronted by a federal agent, don't say anything at all unless your lawyer
says you have to.

It's a shame things have come to this. It used to be that people felt it
their duty as citizens to cooperate with federal authorities. That was
before Law 1001.

We now live in an era of Incredible Shrinking Civil Rights. You have to
protect yourself at all times.

Let's look more closely at the case of Poor Martha the Match Girl. What did
she do?

She was convicted of lying about the reason she sold her shares in a
biotechnology company two years ago. She said she sold them because they had
fallen to the price at which she and her broker had agreed to sell.

The government argued (and the jury believed) that she sold because her
broker passed on some inside information that the stock was going to plunge
in the next couple of days.

I know what you're going to say - insider trading. True, it has that smell
about it, but the government did not charge her with insider trading, only
with lying about it.

I hate that. It seems to me that convicting someone of lying about a crime
that the government isn't willing to prove happened is unfair.

Add to that the fact that Ms. Stewart saved all of $45,000 on the stock
transaction and has seen her fortune decrease by hundreds of millions
because of the trial, and the penalty does not seem to fit the crime.

I think the reason the government has spent millions pursuing this two-bit
case is because Ms. Stewart is famous and the case makes it look as though
the Justice Department is doing a bang-up job running down crooks in high
places. Also, the lifestyle lady - a political contributor to Democrats
rather than Republicans, incidentally - irritated prosecutors with her
haughty, arrogant attitude. (It's always a bad idea to make prosecutors
mad.)

Then too, her high-priced attorney, Robert Morvillo, lost a series of
strategic gambles that left his client virtually defenseless. After the
government had spent six weeks making the case against Stewart, Morvillo
called only one witness in her defense and questioned him for 20 minutes.

His chief argument was that Stewart and her broker were too smart to pull a
dumb stunt like this. As one juror said later, How could we tell anything
about how smart either of them was if they never took the stand?

Ultimately, I suppose, Ms. Stewart's downfall was precipitated by petty
greed, arrogance and deceitfulness, not attractive attributes.

But I still feel sorry for her. She's getting worse than she deserves.

Donald Kaul recently retired as Washington columnist for the Des Moines
Register.




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