For your convenience I've included below some articles and information on the Dell Computer/handgun control debacle. To encapsulate the incident... Jack Weigand, a Pennsylvania gunsmith ordered a Dell Inspiron 4100 notebook on Feb. 13. When the laptop never arrived he called Dell and was informed that since his business involved firearms he might have been doing something illegal and that they have to check to make sure the order is in compliance with US export laws especially after 9-11. Weigand, who also serves as President of the American Pistolsmiths Guild sent a message out to several gun lists asking that "I would like to respectfully ask the firearms community to do the following. If you intended to buy a Dell and because of this letter you do not, email Dell and let them know why. Feel free to distribute this account to all you know in the Firearms community, I think they need to know. I for one am sick and tired of people assuming just because we are involved with firearms that we are doing something illegal. I also do not believe Dell deserves our business if this is how they intend to treat us."
After his message went out, including being sent to the multiple of thousands who subscriber to Freematt's Alerts, Michael Dell the founder and chairman of Dell responded by writing: "U.S. export laws restrict the sale of technology to terrorists and to people in countries that support terrorism. These laws also prohibit computer sales to people who will use the technology in developing biological or nuclear weapons." Dell's explanation seemed somewhat bogus as the address of Weigand Combat Handguns, Inc. 685 South Main Road Mountaintop, PA 18707 doesn't sound like an address in Libya, Cuba, North Korea, Iran, Iraq, Syria, Sudan, Serbia, or Afghanistan. A more likely scenario, and one in where I'm just speculating, is that Dell's automated software flagged the word "Combat" or "handguns" to institute the refusal of business. I base this scenario not in a vacuum either, as was detailed in a 3-21-01 post to Freematt's Alerts. An excerpt: "Filtering software has been pushed as the solution to stopping children from viewing inappropriate materials, like pornography, on the Internet. However, the software has numerous flaws, the most basic being that it doesn't stop all of the pornography. More ominously, and more of a threat to our long term liberty is the fact that the software in many cases "blacklists" political and other material incorrectly. Seth Finkelstein, who just won the Electronic Freedom Foundation's Pioneer Award, details a few gun related sites that are blacklisted. If a school or library had the SmartFilter program installed, students would be blocked from viewing those sites. As a point of information- <http://www.ayoob.com> which is listed as "extreme" is the site run by the noted Police firearm's Instructor Massad Ayoob. The site is His Lethal Force Institute, which trains qualified citizens and police in armed self defense techniques. The other sites, are listed under the category of criminal skills. <http://www.springfield-armory.com> is the site for Springfield Armory an American producer of fine firearms {Which incidentally is the producer of the FBI's hostage rescue team's tactical pistol}. My recommendation is that everyone enter their favorite site's url at: <http://www.securecomputing.com/cgi-bin/filter_whereV3.cgi> and see if their site or company is blocked. Then I'd take whatever action, including the courts to have the incorrect designation removed." Below I have an interesting grouping of the nations that Novell doesn't do business with and presumably would be similar to what Dell is legally required to do. Then I have a article from Solon Feb. 4, 2002 "Here's a tip for Treasury Department agents tracking al-Qaida's finances: You might want to pay a visit to the volume discount department at Dell Computer." Which might explain some of Dell's nervousness? Followed by two mainstream net journalist articles, the first from Declan McCullagh of Wired.com then Brian McWilliams, of Newsbytes. Then I have a comment from John Young the owner of Cryptome.org who was responding to a post I made to the Cypherpunks mailing list. And I end with some spin control from Tom Green, Senior Vice President, Law and Administration, Dell Computer Corporation. Judging from the email I've been reading Dell's has wondered into a quagmire full of landmines. People all around are cancelling orders from Dell or are swearing never to buy Dell again. An attorney who subscribes to Freematt's Alerts mentioned that he was going to buy close to thirty computers and a server from Dell, a purchase that he was going to give to another company. His actual words were most unlawyer like. Dell's going to have to do more to make this right. Terry Liberty Parker <[EMAIL PROTECTED]> of Austin Texas had this idea. "Offer a 10% discount for the next 30 days to anyone showing proof of membership in a Dell approved list of gun rights organizations; like NRA, GOA and so on. Those organizations can use that discount as an inducement to join during a concurrent recruiting drive. When life hands you lemons, make lemonade :)"" Regards, Matt Gaylor- ### Date: Thu, 28 Feb 2002 08:52:46 -0500 From: Seth Finkelstein <[EMAIL PROTECTED]> To: John Young <[EMAIL PROTECTED]>, Matthew Gaylor <[EMAIL PROTECTED]> Subject: Export licenses Check out: <http://www.google.com/search?q=cache:7HZgLt_0BygC:www.novell.com/info /exports/pubmtxdef.pdf+license+technology+iraq&hl=en> This is from Novell, not Dell, but it's very interesting for the many-axes-of-evil lists below: Individual Validated License (IVL) A formal document issued by the United States Department of Commerce Bureau of Export Administration (BXA) to an exporter who has applied for an export license. Countries, end-users and end-use of software products that require an Individual Validated License PRIOR to shipment are grouped as follows: Group 1: Libya, Cuba, North Korea, Iran, Iraq, Syria, Sudan, Serbia, Afghanistan and Special Requirements (see below). Group 2 : Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Peoples Republic of China, Cuba, Estonia, Georgia, Iraq, Iran, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, Romania, Russia, Syria, Sudan, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, and Special Requirements (see below). Group 3: It is Novell's corporate policy not to provide education services to Libya, Cuba, North Korea, Iran, Iraq, Syria, Sudan, Serbia, and Afghanistan. -- Seth Finkelstein Consulting Programmer [EMAIL PROTECTED] http://sethf.com http://www.nytimes.com/2001/07/19/technology/circuits/19HACK.html BESS's Secret LOOPHOLE: http://sethf.com/anticensorware/bess/loophole.php BESS vs Google: http://sethf.com/anticensorware/bess/google.php ### <http://www.salon.com/tech/feature/2002/02/04/terror_encryption/print.html> "Feb. 4, 2002 | Here's a tip for Treasury Department agents tracking al-Qaida's finances: You might want to pay a visit to the volume discount department at Dell Computer. Al-Qaida, it seems, has been an avid consumer of computers over the last several years, and is especially fond of laptops. It isn't hard to understand why. With his hectic, on-the-go lifestyle, no self-respecting terrorist can function without a computer that fits comfortably on an airplane tray table." ... "But recent changes in U.S. policy have actually reduced restrictions on the spread of sophisticated encryption. In January 2000, for instance, the Clinton administration ruled that "retail products" that undergo a one-time, 30-day government review can be exported to nearly all countries (with the exception of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) without any government licensing requirement. Revisions published later that year relaxed even these limitations for products exported to the 15 nations of the European Union and several of their major trading partners. The practical effect of these reforms has been that the industrial-strength Windows 2000 128-bit High Encryption Pack is now freely available over the Internet to anyone, including Hamburg residents such as presumed Sept. 11 ringleader Mohammed Atta." ### <http://www.wired.com/news/business/0,1367,50723,00.html?tw=wn20020228> Dell Proves a Bit Gun-Shy By Declan McCullagh 2:00 a.m. Feb. 28, 2002 PST WASHINGTON -- Dell Computers is under fire from gun aficionados after it refused to sell a laptop to a handgun maker. The flap began when Jack Weigand, the president of the American Pistolsmiths Guild, ordered a Dell Inspiron 4100 notebook on Feb. 13, with a promised delivery date of Feb. 21. When the date came and went, Weigand phoned Dell to find out what the problem was. What he eventually learned astounded him: Weigand would not be shipped his PC because of the name of his business, Weigand Combat Handguns, which is located in Mountaintop, Pennsylvania. Dubbed a "Renaissance gunsmith" by American Handgunner, Weigand is known for crafting high-quality, custom revolvers. It turns out that a manager in Dell's (DELL) export compliance department flagged the shipment as a purchase that was prohibited under U.S. law. Weigand was told that his order had been canceled because, in these post-Sept. 11 days, the name of his company sounded a bit too terroristic for comfort's sake. Weigand wrote a brief description of his unsuccessful attempt to buy that Inspiron 4100 on his website -- and within hours, his note began to ricochet around the Internet communities of firearms enthusiasts and Second Amendment devotees. "I've gotten hundreds of e-mails," Weigand said Wednesday. "I answered them until 1 o'clock this morning and I started again at 7 this morning. As fast as I answer the e-mail, they come in again." "I didn't think this would happen. Not in my wildest imagination did I think this would mushroom like it did," Weigand said. In an interview on Wednesday, a Dell representative acknowledged there was no reason why Weigland should have been denied his Inspiron 4100. "There was an unfortunate series of events," said Dell spokeswoman Cathie Hargett. "We should have, when the name of his company triggered a red flag, followed up with him immediately to ensure that his order was not in violation of U.S. export rules. Knowing what we know about him now, we know that is not the case." Hargett said Dell was revising its internal procedures to prevent such snafus in the future. Hargett said it was Dell's "mistake" and added that it grew out of Dell's attempts to comply with U.S. export regulations. "Export laws apply domestically. These laws apply domestically if it's for any of these stated purposes," Hargett said. But she was not able to provide a reference to Commerce Department Bureau of Export Administration or State Department Office of Defense Trade Controls regulations that require approval of shipments to U.S. customers. Dell's export forms apply only to out-of-country shipments. Larry Pratt, the president of Gun Owners of America, said Dell's nervousness is part of a growing trend that treats gun owners as second-class citizens. "You take that 10 years from now, where people have been subjected to this kind of brainwashing," Pratt said. Dell wanted to send Weigand a free Inspiron 4100 -- which starts at $1,100 -- as compensation for his troubles. But Weigand won't take it, saying that people might think he caused a fuss just to save some cash. "They offered the free machine and I declined," he said. Copyright © 1994-2002 Wired Digital Inc. All rights reserved. ### <http://www.newsbytes.com/news/02/174860.html> Gunsmith Suggests Dell Computer Is Funding Gun Control By Brian McWilliams, Newsbytes AUSTIN, TEXAS, U.S.A., 28 Feb 2002, 1:46 PM CST A spat between Dell Computer [NASDAQ:DELL] and some gun owners continued to rage today, despite a formal mea culpa from the computer maker's chairman. In a message to supporters, Jack Weigand, owner of Pennsylvania-based Weigand Combat Handguns Inc., claimed today that Dell Computer is "connected" to Handgun Control Inc., a lobbying group that changed its name to The Brady Campaign last June. Representatives of Dell Computer and the Brady Campaign refuted the statement. Weigand touched off a firestorm Tuesday when he posted a notice at his site and in several gun forums, describing how Dell initially canceled his order for an Inspiron notebook computer earlier this month after his company's name triggered an automated order screening system put in place by Dell following the Sept. 11 attacks on America. In a statement released Wednesday, Chairman Michael Dell confirmed that the computer maker does "carefully review customer orders for prohibited destinations and activities" and red-flagged Weigand's order because of the word "combat" in his company name. But, according to Dell, the computer company made a mistake in its handling of the cancellation of Weigand's purchase. Although Dell has offered to ship him the computer at no charge, Weigand said he refused. "I know every gun owner in America will appreciate my not accepting the computer I was offered," said Weigand in the message, noting that Dell is listed as a merchant at a Web site entitled the Handgun Control, Inc. Online Shopping Mall. "This is a handgun control support site. Please come to your own conclusions," said Weigand. According to a banner at the HCI online shopping mall, clicking links in a directory of dozens of online retailers and making purchases there raises money for the gun control organization. Dell spokesperson Cathie Hargett said the computer company was not aware of the HCI online mall, but she confirmed that the company participates in a number of online affiliate programs "on both sides of issues." According to Hargett, Dell "has not taken a position on the issue of gun control. Not in our sponsorships, not in our giving, and not in our public policy." A spokesperson for The Brady Campaign told Newsbytes today that the organization did not authorize the creation of the HCI online mall, nor has the lobbying group ever received any funds from the site. According to Amy Stilwell, communications director, the Brady Campaign has also never received donations directly from Dell Computer or Michael Dell. The site hosting the HCI mall, Progressivefunds.com, "hosts online virtual shopping malls on behalf of affiliating organizations" according to its terms and conditions page. The site is registered to David Cole of Hallsville, Texas, according to domain records. Cole was not immediately available for comment. Rather than put the dispute with Weigand to rest, Dell's apology for the order snafu has raised the hackles of some civil libertarians. "Michael Dell's statement is a more grievous attack on civil liberties than the original it tries to apologize for," said John Young, operator of a freedom-of-information site known as Cryptome.org, in a posting to an Internet mailing list today. According to Young, it's inappropriate for a company to screen domestic customers in the way Dell has admitted doing "unless the company has made those considerations publicly known, and law substantiates the restrictions. "Patriotism and information warfare are insufficient reasons," said Young. According to Weigand, he has been asked to appear on "quite a few" talk radio programs today as a result of the run-in with Dell. "I am receiving (an) overwhelming positive response from my family, the firearms community ... I thank each and everyone who has responded to this issue and taking the time to care about our 2nd Amendment rights," said Weigand. The Handgun Control, Inc. Online Shopping Mall is at http://www.progressivefunds.com/hci/ . Weigand's site is http://www.jackweigand.com . Reported by Newsbytes, http://www.newsbytes.com . 13:46 CST Reposted 14:40 CST (20020228/WIRES ONLINE, PC, LEGAL, BUSINESS/ANTITERROR/PHOTO) © 2001 The Washington Post Company ### Date: Thu, 28 Feb 2002 01:55:38 -0500 From: Seth Finkelstein <[EMAIL PROTECTED]> To: Matthew Gaylor <[EMAIL PROTECTED]> Cc: Brian McWilliams <[EMAIL PROTECTED]> Subject: Michael Dell's statement about suspicious orders Thanks for the opportunity to respond to the customer issue. Please note (and post if you will), this note from Michael Dell to Dell customers, which we hope adequately explains the situation and Dell's response. Please let us know if you have additional questions. Thanks very much, [Dell PR person] To Our Valued Customers and Friends: U.S. export laws restrict the sale of technology to terrorists and to people in countries that support terrorism. These laws also prohibit computer sales to people who will use the technology in developing biological or nuclear weapons. Dell strictly complies with our country's export laws in order to ensure the safety of our customers and citizens around the world. When there is reasonable cause for concern, we carefully review customer orders for prohibited destinations and activities. When additional follow-up on an order is required, our sales representatives ask our customers four basic questions: 1. Who is the end-user? 2. Where will the product be used? 3. What will the product be used for? 4. What type of business or industry is involved? The answers to these questions, like all customer information we gather, are confidential and are not shared outside of Dell. We recently received an order from a customer whose company name included the word "combat." We cancelled the order to give us enough time to follow up with the customer and be assured that the sale would be in compliance with U.S. export law. However, we failed to contact the customer, and as a result, we did not deliver the order as promised, and the customer did not know why. Once we discovered our error, we apologized to the customer for this misunderstanding, as well as the inconvenience caused by the delay. This is not the service standard that we hold ourselves to at Dell, and if I were a customer who'd received similar treatment, I would be very disappointed. We at Dell feel a strong obligation to uphold our federal law, but we have just as strong an obligation to be responsive to the needs of all our customers. I want to assure you that Dell does not discriminate against any business, regardless of the products or services they sell, nor do we discriminate against individual consumers. We do, however, sometimes make mistakes - as we did in this case. Thank you for your support. Sincerely, Michael Dell ### Date: Thu, 28 Feb 2002 08:01:15 -0800 To: [EMAIL PROTECTED] From: John Young <[EMAIL PROTECTED]> Old-Subject: Re: Michael Dell's statement about suspicious orders X-Loop: [EMAIL PROTECTED] X-spam: 0 Subject: Re: Michael Dell's statement about suspicious orders Sender: [EMAIL PROTECTED] Michael Dell's statement is a more grievous attack on civil liberties than the original it tries to apologize for. It is inappropriate for a company to engage in the range of considerations for domestic, non-export use of a product Dell outlines unless the company has made those considerations publicly known, and law substantiates the restrictions. Patriotism and information warfare are insufficient reasons. Perhaps Dell has been covertly deputized to perform this role but it is more likely that it has taken it on in the same way ISPs and a slew of other zealously patriotic companies and individuals have chosen to put government interests ahead of customer and citizen privacy. Dell's apology is a shallow cover-up of a deeper cover-up. It is likely there will be more of these as exhortations increase to take commercial advantage of inflamed panic over homeland security, demonstrated by Cheney's speech in California a few days ago and the global security summit upcoming in NYC in early March. Read the list of 77 speakers and corporate sponsors to see who is throwing fuel on the fire and anticipating firefighting: http://www.globalprivacysummit.net/ Note the inclusion of privacy as the bait for the switch. What to brace for are more incidents which will justify a united front of government and corporate assault on civil liberties as the terrorism machine generates lucrative economic apologies for boom time. ### From: [EMAIL PROTECTED] To: Matthew Gaylor <[EMAIL PROTECTED]> Subject: Statement from Dell Computer Corporation... Date: Fri, 1 Mar 2002 16:33:13 -0600 Dear Valued Customers and Friends: We appreciate the opportunity to clarify the facts regarding a customer issue reported in the media and Dell's position on political or social issues that many of you care deeply about. Regarding Handgun Rights/Handgun Control.... Dell is a publicly-traded, customer-focused company with customers, shareholders and employees on both sides of many public, social and political issues. Our place is to serve our customers rather than to endorse or support one position over another in public debates outside the scope of our industry. We do not discriminate against any business, regardless of the products or services they sell, nor do we discriminate against individual customers. We do, however, respect the right of any organization or individual to have their own point of view. We follow all laws, rules and regulations. Regarding allegations that Dell supports Handgun Control organizations through the Dell Affiliates program... Dell as a company remains neutral on handgun rights and handgun control. Dell customers can support causes and organizations, if they choose, through Dell's affiliates program and charitable websites such as igive.com and progressivefunds.com. These sites feature links to Dell's website. Dell's affiliates program provides a way for customers to support the cause or organization of their choice through their Dell purchases. Affiliate participants, such as igive.com and progressivefunds.com, include organizations and causes on different sides of nearly every social issue. Some of the organizations participating through Dell affiliates such as igive.com and progressivefunds.com., promote handgun rights, others promote handgun control. Handgun Control Inc. (HCI) has been reported as one organization that participates in this program. Others including The Gun Owners Foundation and the Michigan Coalition for Responsible Gun Owners Foundation, Inc. also participate through Dell affiliate igive.com. The only organizations prohibited from participating in Dell's affiliates program are those that promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or promote illegal activities. Regarding the assertion that Dell cancelled Mr. Jack Weigand's order for a notebook computer because of his firearm association... We made a mistake. Mr. Weigand's order was improperly cancelled because we did not gather the additional information required by U.S. law to process his order. Dell flagged Mr. Weigand's order (initiated under his company name Weigand's Combat Firearms) for additional follow-up (and then we failed to do so) because of the word "combat" in his company name. This internal control is in place to ensure that a domestic purchase is not redirected to an end user for a prohibited use (such as the creation and development of weapons of mass destruction) or to a country that has been restricted from receiving U.S. technology exports (such as Libya, Syria, Iran and Iraq). This due diligence is required by U.S. law. We also review orders for words such as "nuclear," "missile," and "plutonium." Dell's process excludes reviews for "guns" or "firearms." The mistake was ours because we failed to follow our process. We failed to call Mr. Weigand for information that would have satisfied legal requirements and ultimately would have resulted in completion of Mr. Weigand's transaction. We have apologized for this mistake directly to Mr. Weigand. We have tried to make it right with our customer by giving him a free computer for his trouble and inconvenience. Dell has many customers and employees who are handgun owners and enthusiasts. We know that gun owners and advocates, such as Mr. Weigand, are law abiding Americans, and as such, can understand and appreciate our efforts to comply with American export laws, while serving all customers. We have heard from many of you over the last few days, and we appreciate the opportunity to speak with you directly about these issues. Your relationships with us, and your feedback about our products and services are crucial to our success. Sincerely, Tom Green Senior Vice President, Law and Administration Dell Computer Corporation ### ************************************************************************** Subscribe to Freematt's Alerts: Pro-Individual Rights Issues Send a blank message to: [EMAIL PROTECTED] with the words subscribe FA on the subject line. List is private and moderated (7-30 messages per week) Matthew Gaylor, (614) 313-5722 ICQ: 106212065 Archived at http://groups.yahoo.com/group/fa/ **************************************************************************
