Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-05 Thread Fetch, Brandon
The biggest part of this legislation is the fact it was never officially
illegal to spoof your caller-ID information before.

Now that it's illegal, you can be charged with it and that point of
inquiry can then trigger any number of events to determine the depths
of your criminality (is that a word?).

Just a case of closing the loopholes that are/were used/exploited to
perform further malfeasance on unsuspecting victims.

Like Valdis noted: Capone was put away for tax evasion not violent
crime.

We're going to be seeing another similar law coming down the river soon
regarding pretexting.  Pretexting had not been defined as being illegal
as of yet but here, post-HP, it will soon be.

Thanks,
Brandon

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of
[EMAIL PROTECTED]
Sent: Sunday, October 01, 2006 8:53 PM
To: J. Oquendo
Cc: full-disclosure
Subject: Re: [Full-disclosure] Truths in Truth in Caller ID Act

On Sun, 01 Oct 2006 13:41:56 CDT, J. Oquendo said:
 It shall be unlawful for any person within the United States, in
connection 
 with any telecommunications service or VOIP service...

 1) Teleco/VoIP service is out of bounds here. 2) The User who
initiated the
 command is logged from an address somewhere over the rainbow
(Tor+Privoxy). 3)
 within the United States which? The person, or the telco/VoIP
provider? Does
 it have to be both - person and provider. Sounds broad to me.

No, you're intentionally reading it other than what the legal guys will
do.

The prosecutor can charge *each and every person involved* who is both

a) within the US and
b) took an identifiable action which lead to the event.

The person who made the request obviously took an action that lead to
the event, and if they're inside the US, they may have a problem.

The provider took an action (by providing the service) and if they're
inside
the US, they may want to find a lawyer that can create a good theory of
why they aren't culpable as well.

  2) Me being the provider, I didn't initiate the spoof, I provided a
service.
 Should I be held accountable for upholding the right to privacy?

You took an action which caused the forged caller ID to be sent.  Better
hope
that the Congressman doesn't have friends over at Dept of Justice who
can
make your life miserable.

Also, please note that you're arguing the wrong right - the right to
privacy
would be applicable if you were trying to protect the person from a
Congressman
who was trying to prove the person slept with a political rival or
similar.
What you *wanted* to be supporting was the First Amendment right to
anonymous free speech.

 Let's take the case of someone blowing the whistle on government
corruption. 
 History has shown their life will be ruined.

Sucks to be a whistleblower.


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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-03 Thread Jay Sulzberger


On Mon, 2 Oct 2006, Nancy Kramer wrote:

 You are 100 percent right about the US government.  The US Constitution may
 protect US citizens from the government but nothing will protect them from
 the big telecom companies who will own them and their data unless we enact
 a new neutrality law in the US.

 Regards,

 Nancy Kramer

Yes.  And we know the exact phrasing of the law: require common
carriage on fast telecommunications, just as we require it on
slow telecommunications.

The issue is wiretapping, and interference with private and
public communications.

oo--JS.


 Webmaster http://www.americandreamcars.com
 Free Color Picture Ads for Collector Cars
 One of the Ten Best Places To Buy or Sell a Collector Car on the Web


 At 04:48 PM 10/1/2006, Joe Barr wrote:

 On Sun, 2006-10-01 at 12:28 -0500, J. Oquendo wrote:
 So the United States government wants to pass the Truth in Caller ID
 act. Humorously it will do little do deter criminals from spoofing
 their caller ID and scamming innocent victims. Here is the rule/law
 followed by why it will fail:

 The U.S. government will do its duty, that is to say, they will lick the
 ass of the telecommunications industry lobbyists and do whatever they
 damn well say.





 --
 It's a strange world when proprietary software is not worth stealing,
 but free software is.


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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-02 Thread Nancy Kramer
You are 100 percent right about the US government.  The US Constitution may 
protect US citizens from the government but nothing will protect them from 
the big telecom companies who will own them and their data unless we enact 
a new neutrality law in the US.

Regards,

Nancy Kramer
Webmaster http://www.americandreamcars.com
Free Color Picture Ads for Collector Cars
One of the Ten Best Places To Buy or Sell a Collector Car on the Web


At 04:48 PM 10/1/2006, Joe Barr wrote:

On Sun, 2006-10-01 at 12:28 -0500, J. Oquendo wrote:
  So the United States government wants to pass the Truth in Caller ID
  act. Humorously it will do little do deter criminals from spoofing
  their caller ID and scamming innocent victims. Here is the rule/law
  followed by why it will fail:

The U.S. government will do its duty, that is to say, they will lick the
ass of the telecommunications industry lobbyists and do whatever they
damn well say.





--
It's a strange world when proprietary software is not worth stealing,
but free software is.


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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-02 Thread Gary E. Miller
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Yo Nancy!

On Mon, 2 Oct 2006, Nancy Kramer wrote:

 the big telecom companies who will own them and their data unless we enact
 a new neutrality law in the US.

Yeah, but guess who wrote the net neutrality laws being vaoted on now?

RGDS
GARY
- ---
Gary E. Miller Rellim 20340 Empire Blvd, Suite E-3, Bend, OR 97701
[EMAIL PROTECTED]  Tel:+1(541)382-8588

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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-02 Thread Nancy Kramer
I know it was the big telecoms.  Been working for Net Neutrality to 
preserve it.

Think they should just crap their telecom reform bill.  Only helps the big 
telecoms.  Do you know they want to do deep packet inspection on every 
packet to prioritize them.  Going to be a huge security hole.  I am 
neither a network engineer nor security engineer but deep packet inspection 
scares the crap out of me.  Congress is clueless.  They just want the 
campaign contributions of the big telecoms.  I consider them owned by the 
telecoms in the hacker sense of owned.

I am already seeing peering issues  as the ISPs start to play with the 
new toys ie new Cisco Routers.

Regards,

Nancy Kramer
Webmaster http://www.americandreamcars.com
Free Color Picture Ads for Collector Cars
One of the Ten Best Places To Buy or Sell a Collector Car on the Web




At 10:12 PM 10/2/2006, Gary E. Miller wrote:

-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

Yo Nancy!

On Mon, 2 Oct 2006, Nancy Kramer wrote:

  the big telecom companies who will own them and their data unless we enact
  a new neutrality law in the US.

Yeah, but guess who wrote the net neutrality laws being vaoted on now?

RGDS
GARY
- ---
Gary E. Miller Rellim 20340 Empire Blvd, Suite E-3, Bend, OR 97701
 [EMAIL PROTECTED]  Tel:+1(541)382-8588

-BEGIN PGP SIGNATURE-
Version: GnuPG v1.4.3 (GNU/Linux)

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[Full-disclosure] Truths in Truth in Caller ID Act

2006-10-01 Thread J. Oquendo
So the United States government wants to pass the Truth in Caller ID act. 
Humorously it will do little do deter criminals from spoofing their caller ID 
and scamming innocent victims. Here is the rule/law followed by why it will 
fail:

It shall be unlawful for any person within the United States, in connection 
with any telecommunications service or VOIP service, to cause any caller 
identification service to transmit misleading or inaccurate caller 
identification information, with the intent to defraud or cause harm.

Re-read it a few times and let some common sense kick in. unlawful for any 
person within the United States, in connection with any telecommunications 
service or VOIP service, to cause any caller identification service to transmit 
misleading or inaccurate caller identification information What in this bill 
exactly deters someone from abroad to continue their activities? Firstly 
they're not bound by U.S. laws, secondly if their servers are abroad those 
servers are in their lawful means to do what is legally appropriate for their 
location.

Now argumentatively how will the United States seek to prosecute say a 
telemarketer from using a service abroad to traverse back into the U.S.? Let's 
re-read the letter of the law again shall we? unlawful for any person within 
the United States, etc., etc., to cause any caller identification, etc., etc. 
So how does caller ID change, is it cause by the telemarketer, the server 
sending out the caller ID information, or the provider of that server. 
Obviously the telemarketer led the server to change the information, but 
ultimately the provider dished out the number, hence the provider being the 
true culprit.

The more I read about this law/rule/prohibition, the more I scratch my head at 
it.

So let's now see how the government intends on tracking someone shall we?

CallerIDBusterFoobar.com is a server located in Moscow. They're hosted there, 
their provider is their, their uplink is in Russia, etc. Joe Smith is a scumbag 
thief interested in stealing the credit card information of a few good men. 
He lives in Boondock Arizona and spends much too much time thinking up scams. 
He signs up for an account at CallerIDBusterFoobar.com, assigns 800-DISCOVER as 
his caller ID and proceeds to scam countless people out of their information. 
With this information he sets up fradulent drops and pickups somewhere in 
Moldovia.

How will U.S. authorities track him down? They won't. They don't have access to 
the servers in Russia for starters, secondly how many people are reporting 
these crimes. Alright, let's be fair for a moment, someone at Discover 
discovers that the call actually originated from Russia. So what? Unless the 
foreign country is cooperating with U.S. authorities, there is little the 
United States government with all their so called legislation would be able to 
do.

Now let's take it a step further, Joe Smith decided to use Privoxy with a WiFi 
phone from an open network. He managed to steal a VoIP account while scanning a 
class A for port 5060 and leveraged someone's information. He always has used 
Tor and Privoxy on his personal distro of Linux on a CD so he knows that there 
will be no residue from his crimes due to him using this CD on this machine so 
he is scott free technologically.

How does the United States intend on stopping him again? I get it now, since 
the United States government in all of their mighty wisdom is passing this bill 
it is only obvious that criminals are going to respect U.S. laws, I mean after 
all those in government follow their own laws so why shouldn't a criminal.

Comments, criticism?

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J. Oquendo
http://pgp.mit.edu:11371/pks/lookup?op=getsearch=0x1383A743
sil infiltrated . net http://www.infiltrated.net

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character - how he loses shows all - Mr. Luckey 

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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-01 Thread J. Oquendo
[EMAIL PROTECTED] wrote:

 You mis-read the legalese.


It shall be unlawful for any person within the United States 

Define within the United States. The person, the server, the provider or all 
three. I don't believe it's misread it's to the letter of the law. So again 
step by step...

It shall be unlawful for any person within the United States, in connection 
with any telecommunications service or VOIP service...

1) Teleco/VoIP service is out of bounds here. 2) The User who initiated the 
command is logged from an address somewhere over the rainbow (Tor+Privoxy). 3) 
within the United States which? The person, or the telco/VoIP provider? Does 
it have to be both - person and provider. Sounds broad to me.

Can't be single sided here. So I decide to offer a service to say rape victims 
who want to remain anonymous, a victim decides to use Jane Smith 
2035551212, she is calling from say the British Virgin Islands where she was 
raped by a congressman. She doesn't want her identity known, but would like 
counseling over the phone. 1) She is in the British Virgin Islands so 
technically she is not breaking the law. 2) Me being the provider, I didn't 
initiate the spoof, I provided a service. Should I be held accountable for 
upholding the right to privacy? 3) Sure caller ID blocking could have been 
used, it still could be traced.

Let's take the case of someone blowing the whistle on government corruption. 
History has shown their life will be ruined. This is a great avenue worry free 
to make a report yet at the same time if I decided to set my caller ID as that 
of the White House, I'm sure I can con a reporter to report something bogus. 
Dual edged sword. What will be next outlawing telco service unless it passes 
through DCS100 along with a photo and fingerprint at Fort Meade.  

-- 
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J. Oquendo
http://pgp.mit.edu:11371/pks/lookup?op=getsearch=0x1383A743
sil infiltrated . net http://www.infiltrated.net

How a man plays the game shows something of his
character - how he loses shows all - Mr. Luckey 

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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-01 Thread Valdis . Kletnieks
On Sun, 01 Oct 2006 12:28:41 CDT, J. Oquendo said:

 Now argumentatively how will the United States seek to prosecute say a
 telemarketer from using a service abroad to traverse back into the U.S.? Let's
 re-read the letter of the law again shall we? unlawful for any person within
 the United States, etc., etc., to cause any caller identification, etc., etc.
 So how does caller ID change, is it cause by the telemarketer, the server
 sending out the caller ID information, or the provider of that server.
 Obviously the telemarketer led the server to change the information, but
 ultimately the provider dished out the number, hence the provider being the
 true culprit.

You mis-read the legalese.

unlawful for any person... to cause..  is the important text here.  That
means If you did something that as an end result made it happen, you're in
trouble.  If you're in Pensacola, Florida, and issued a command that led to
a server in Moscow, Russia generating a bogus caller-ID, then you caused it
to happen, and it doesn't matter where/how it *actually* goes down.

 How will U.S. authorities track him down? They won't.

In general, these things usually succumb to a follow the money investigation.
If the fraudster in Pensacola collected any money, he can be tracked down that
way.

Also, the intent here isn't to give the LEOs new ways to track down the crooks,
it's giving them new ways to *lock them up*.  Let's say they do their follow
the money thing, and they *know* that Joe Foobar did it.  However, some of
their evidence and methods are a bit... ummm unconventional, and likely
to not hold up if it goes to a jury trial, after all the motions to suppress
evidence and so on.  However, they *do* have rock-solid proof that Foobar did
in fact forge caller-IDs as part of the scam.  So you send him up the river for
3 to 5 on 23 counts of forged caller-ID.

Remember - Al Capone never got convicted of any of the evil things everybody
knows he did.  He ended up in the slammer for income tax evasion 


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Re: [Full-disclosure] Truths in Truth in Caller ID Act

2006-10-01 Thread Joe Barr
On Sun, 2006-10-01 at 12:28 -0500, J. Oquendo wrote:
 So the United States government wants to pass the Truth in Caller ID
 act. Humorously it will do little do deter criminals from spoofing
 their caller ID and scamming innocent victims. Here is the rule/law
 followed by why it will fail:

The U.S. government will do its duty, that is to say, they will lick the
ass of the telecommunications industry lobbyists and do whatever they
damn well say.





-- 
It's a strange world when proprietary software is not worth stealing,
but free software is.


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