From jei at cc.hut.fi Sat Dec 1 04:46:04 2001 From: jei at cc.hut.fi (Jei) Date: Fri Jul 8 22:09:25 2005 Subject: [free-sklyarov] How to fight DMCA and why the arrest of Sklyarov? Message-ID: The article quoted below isn't on topic, but I think the opinion and situation it describes can also be seen as explaining (at least to me) why in the world Sklyarov is being harrassed and DMCA is being enforced, as well as other civil liberties are being eliminated. The thing is all about politics. MPAA and RIAA want the powers to go after people for simple economical reasons, and they lobby the FBI and politicians who decide to go after the people. People need to form a political coalition showing that this is bad karma for politicians and does not pay off for them. Right now, the view is contrary, and politicians feel they even benefit from stripping the people naked of their rights, as long as the "terrorists" are caught, anything related is allright in the political and policing arena. This goes well with Adobe, MPAA and RIAA, and FBI is happy to get more fame, work and money. Well, the POLLS need to tell a different story, or civil rights will be eliminated. I suggest people set up web-pages to give politicians some real figures and ask real questions, instead of letting Adobe, MPAA and RIAA feed their fixed polls to the politicians telling how it's OK to all eliminate civil rights and let the military take-over to continue. Essentially, all the big cases are about politics, and POLLS are what decide their outcome in the US. Those who control the polls that the politicians see, control the US. On Fri, 30 Nov 2001, Mario Profaca wrote: > The Iraq Debate As It Is > http://www.aaiusa.org/newsandviews/washingtonwatch/080299.htm > > By Dr. James J. Zogby ? President Arab American Institute > > Aug. 2, 1999 > > I recently participated in a live debate carried on one of the Arab > satellite networks. It was not so much a debate, however, as it was an > exercise in frustration?for both my opponent and myself. The difficulty was > not that we disagreed, rather, it was that we spent the better part of our > hour-long discussion, talking past each other. > > My opponent was the editor of a pan-Arab newspaper. Our topic was U.S. > policy toward Iraq and Libya. He was eloquent and forceful in making his > case?one that is, no doubt, shared by many in the Arab world. > > He argued, for example, that the United States maintained a double standard > in dealing with the Arab world, and with the implementation of UN Security > Council Resolutions and international law. The United States, he claimed, > was the world?s sole super power, bent on imposing its political will not > only on a weak Arab world, but on Europe, Asia, and Africa as well. In too > many instances, he argued, the United States turned a blind eye to > violations of human rights and international law when these were committed > by U.S. allies or when they occurred in regions of the world not critical to > U.S interests. He further argued that the United States reserved its wrath > for Arab countries, especially for those that did not bend to U.S. dictates. > > The United States? determination to indefinitely continue economic sanctions > against Iraq and push for the overthrow of the regime in Baghdad and the > commitment to continue sanctions against Libya despite that government?s > decision to turn the Lockerbie suspects over for trial, both, he concluded, > undercut the authority and legitimacy of the United Nations and transformed > the UN into a powerless tool which the United States used for its own > purposes. > > This I believe was the essence of his case, which I hope I have conveyed > correctly. In my response, I could not present the hollow rationalizations > for U.S. policy that all too frequently are used to justify U.S. actions. In > some instances I would not refute his observations about U.S. > policy?because, as observations, they were legitimate. > > I would, if I had so desired, make some of the same criticisms of U.S. > policy that he had made. For example, there is a double standard?I cannot > argue with that. But an endless recitation of criticism, I believe, > accomplishes little. The point (to paraphrase the German philosopher) is not > to observe or criticize reality?the point is to understand and then to > change reality. > > What I, therefore, sought to do in my rebuttal was to explain the "why" of > current U.S. policy toward Iraq. > > In the case of Iraq, in particular, it is important to understand the extent > to which this issue has become a matter of U.S. domestic politics. At one > point, I described the Iraqi leader as the "Willie Horton" of U.S. foreign > policy. Horton was a convicted murderer who was released from prison in the > 1980s by then Massachusetts Governor Michael Dukakis. A short time after > being freed, Horton murdered again. During the 1988 presidential campaign > Republican candidate George Bush used the Willie Horton issue in television > debates against his Democratic opponent, Dukakis. > > The message of the ad was that Dukakis was a weak leader, soft on crime. He > freed Willie Horton once, he?d do it again. Could you trust him to be > President? > > The impact of the ad was devastating to the Dukakis campaign. > > Shortly after his election in 1992, President Bill Clinton indicated that he > might rethink U.S. policy toward Saddam Hussein?s regime. The reaction was > swift and quite forceful. To let the Iraqi out of his box was a political > risk?like freeing Willie Horton. Clinton learned the lesson and did not > repeat his "mistake." > > A powerful coalition of domestic political forces has formed against the > Iraqi government. It is now led by a Republican majority in Congress, which > has, at times, used Iraq policy as a wedge against the President?s party. > They have argued for increasingly tougher policies against Iraq. Having > virtually no opposition, this majority has now gone so far as to pass the > Iraq Liberation Act?which requires the United States to support the > overthrow of the regime. > > This is, like it or not, where the political debate is in the U.S today. > > The regime in Iraq, with its bloody and brutal past and present, doesn?t > present a compelling counter argument. It has no defenders, nor has its > behavior earned it any. > > Where there is U.S. concern, and some U.S. debate, is over the fate of the > millions of innocent Iraqi people who are, in effect, hostage to their > regime and its policies. Given the limits on what the U.S. Administration > has felt is possible, they have argued for a substantial increase in the oil > for food program?ever careful to ensure that the regime is not seen as > benefiting from this program. > > As the human toll of sanctions continues to mount, a legislative effort has > been mounted by a small, but courageous, group of Congressmen. They are > introducing a bill to end sanctions. But it is a politically risky move > since they are all aware of how their domestic opponents may seek to use the > "Horton" arguments against them. > > This is where the debate is, at this point. One can, if one wishes, argue > that it is unfair, but that will not change it. > > Policy in the United States is always a function of politics and politics is > a function of several factors that politicians must consider when shaping > policy. The most critical of these factors is how the majority perceives an > issue. > > Unfortunately, policy is not based on whether an issue is right or just or > even consistent. More important consideration is given to how an issue is > understood and whether or not voters will be supportive of a specific action > or will punish the politician who takes that action. > > Saddam?s invasion and occupation of Kuwait, his refusal to leave, and his > bizarre behavior (burning the oil fields) when he was forced to leave, > established his reputation in the United States. Since then, the regime has > continued to confound efforts to change policy by changing public > perception. At every turn, the Iraqi regime has acted in a manner that has > reinforced the arguments of its enemies, by reinforcing public perceptions > of its irredeemable nature. > > Even those U.S policy makers who are uncomfortable at being in the position > of enforcing the Iraq Liberation Act, are hard pressed to see a way out of > the bind created by the real circumstances that define the current debate: > the powerful domestic political pressures that are driving the U.S policy > debate and the continued hostile behavior of the Iraqi regime that only > serves to spur that debate forward. > > This is the situation, as it exists, that I sought to explain during the > television debate. I could not argue, as my opponent had sought to, the > merits of this or that Security Council Resolution on the standing, or lack > thereof of, this or that statute of international law. > > My political arena is within the United States. It is the context in which I > operate and it is the policy made here that I seek to change. > > If it is true, as my debate opponent would have it, that the United States > is the sole superpower imposing its will on the world, than it is important > for me to understand my political world and its dynamics in order to help in > the process of changing it. > > Criticizing reality doesn?t make it change?engaging it does. My opponent and > I participate in very different worlds and face such very different > challenges. That is why we were talking past each other. > > For comments, contact > jzogby@arab-aai.org > > > > --- > > FYI: This mail sent by Mario Profaca is certified Virus Free. > Checked by AVG anti-virus system (http://www.grisoft.com). > Version: 6.0.303 / Virus Database: 164 - Release Date: 24. 11. 01 > > > ============================================== > SPY NEWS is OSINT newsletter > and discussion list associated to > Mario's Cyberspace Station > http://mprofaca.cro.net/mainmenu.html > ============================================== > *** NOTICE: In accordance with Title 17 U.S.C. > Section 107, this material is distributed > without profit to SPYNEWS eGroup members > who have expressed a prior interest in receiving > the included information for non-profit research > and educational purposes only. > > For more information go to: > http://www.law.cornell.edu/uscode/17/107.shtml > > ----------------------------------------------- > > SPY NEWS home page: > http://groups.yahoo.com/group/spynews > > To change your subscription mode to Daily Digest > (one message a day) send a blank message: > mailto:spynews-digest@yahoogroups.com > > Please note that replying to THIS e-mail > will not remove you from the mailing list. > To unsubscribe SPYNEWS send a blank message: > mailto:spynews-unsubscribe@yahoogroups.com > > Mario Profaca, independent journalist, > SPY NEWS eGroup list owner, editor > & moderator, is a member of of the > Committee of Concerned Journalists, > an initiative administered through > the offices of the Project for > Excellence in Journalism in Washington, D.C. > > > > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/ > > From sean at thefreevoice.org Sat Dec 1 18:11:41 2001 From: sean at thefreevoice.org (Sean) Date: Fri Jul 8 22:09:25 2005 Subject: [free-sklyarov] Interesting site: The Free Voice Message-ID: <200112020211.fB22Bfi07227@host17.the-web-host.com> Hello free-sklyarov: Your friend Sean considered our site The Free Voice interesting and wanted to send it to you. Site name: The Free Voice Welcome to The Free Voice Site URL: http://thefreevoice.org From sacraver at EE.Princeton.EDU Sat Dec 1 19:24:51 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: How many universities are represented by people on this list? I.e., if we print up flyers specifically oriented to students or otherwise plan to raise awareness on college campuses, how many campuses would we be talking about? People here at Princeton seem a bit surprised when they hear about Sklyarov's arrest; sounds like that DeCSS thing, they think. But they are positively shocked when told that Sklyarov is a grad student, doing his dissertation on the stuff that got him nicked. When you point out he's one of them, it gets their attention. I've handed out a lot of those flyers from the San Jose protest, but I notice that it makes little mention of the fact that he's a student. And, that this mess is about research he's doing as a student. If we want an on-campus Free Dmitry campaign, we need to emphasize this. -S [Also, several people are asking me where they can get one of these Boycott Adobe shirts.] From swive at getnet.com Sat Dec 1 20:35:28 2001 From: swive at getnet.com (Eric) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Lessig In-Reply-To: Message-ID: FYI Op. Ed. by esteemed Professor of Copyright, Lawerence Lessig: "America is essentially alone in this strategy of techno-lawmaking. Most nations in the world - including, importantly for Mr. Sklyarov, Russia - regulate copyright violations through copyright law, not through laws aimed at code writers. But what the Sklyarov case means is that this controversial experiment in the United States now essentially regulates the world. If you produce and distribute code that cracks technological protection systems, and that code can be accessed in the United States, then it's just a matter of time before our F.B.I. comes knocking at your door. From mlc67 at columbia.edu Sun Dec 2 01:01:08 2001 From: mlc67 at columbia.edu (mike castleman) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: <20011202090108.GD17969@pinetree.dhs.org> hmm... I'm at Columbia, as you can guess from my address. I would suggest, though, that any serious on-campus effort wait until after winter break... I don't think people have time right now (certainly I don't) to put any serious work in, and other people are often too wrapped up in their own stresses to care about others'. mike, who does too much on-campus "activism?" for his own good ? whatever the hell that is On Sat, Dec 01, 2001 at 10:24:51PM -0500, Xcott Craver wrote: > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? -- mike castleman, mlc67@columbia.edu, ph: +1 (646) 382-7220 current location: columbia university, new york, ny, us get DeCSS now: http://www.columbia.edu/~mlc67/css.html -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011202/ceb1076c/attachment.pgp From sacraver at EE.Princeton.EDU Sun Dec 2 01:10:33 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <200112020712.fB27C4ap028745@pony.its.uwo.ca> Message-ID: On Sun, 2 Dec 2001, George wrote: > Recommendations for promoting awareness on campus? I'm thinking of a major public awareness campaign; since the fall semester is drawing to a close, maybe we can set a goal of having a major operation prepared, materials and all, for the 1st day students get back (which varies, but we can set a deadline for the end of this month.) On the material side, we'd need flyers, maybe something more in-depth (say, a leaflet or newsletter of a couple pages,) maybe something less in-depth (bumper-sticker form factors?) And whatever else we can think of. On the creative side: slogans/etc which will resonate with students. One general theme I'm seeing here is that students risk punishment for doing too good a job, making too big of a difference, and for doing the ethical thing when a company sells snake-oil. > George -S From keith at indierecords.com Sun Dec 2 06:42:10 2001 From: keith at indierecords.com (Keith Handy) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign References: Message-ID: <3C0A3DC2.7DD5@indierecords.com> > Date: Sun, 2 Dec 2001 04:10:33 -0500 (EST) > From: Xcott Craver > To: > Subject: Re: [free-sklyarov] Quick Query for Campus Campaign > On the material side, we'd need flyers, maybe something more > in-depth (say, a leaflet or newsletter of a couple pages,) > maybe something less in-depth (bumper-sticker form factors?) > And whatever else we can think of. Everyone is still free to use my Animal Farm/DMCA cartoon: http://www.indierecords.com/protest/pig.htm > On the creative side: slogans/etc which will resonate with > students. One general theme I'm seeing here is that students risk > punishment for doing too good a job, making too big of a > difference, and for doing the ethical thing when a company sells > snake-oil. I still like the idea of bumper stickers and T-shirts saying "What part of 'MY COMPUTER' don't you understand?", even though this pertains more to general digital freedom than the specific issue. If no one winds up making these, I may well make them myself (not that I can afford to print anything right now). -Keith From alexf at hkn.eecs.berkeley.edu Sun Dec 2 22:38:06 2001 From: alexf at hkn.eecs.berkeley.edu (Alex Fabrikant) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: Message-ID: As per email address, I'm at UC Berkeley. With some help, I covered the EE/CS buildings with the original flyers by Tabinda back in late July, and most are still up. Quite a few people in my dept (EECS), especially grad students and faculty, seem to be aware of the issue and are quite adamantly on our side. Of course, many more aren't. I can probably gather a sizeable group (upwards of a dozen, maybe two, many of whom were at the SJ/SF protests in the summer) to do more propaganda on-campus, especially once finals and winter break are over and the new semester starts (mid-January). Main question is, as usual, what are we broadcasting, and what's the best answer to "so what can I do?" Somehow it feels like those need to be rethought considering the developments of the past few months. -- -alexf On Sat, 1 Dec 2001, Xcott Craver wrote: > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? > > People here at Princeton seem a bit surprised when they hear > about Sklyarov's arrest; sounds like that DeCSS thing, they think. > But they are positively shocked when told that Sklyarov is a grad > student, doing his dissertation on the stuff that got him nicked. > When you point out he's one of them, it gets their attention. > > I've handed out a lot of those flyers from the San Jose protest, > but I notice that it makes little mention of the fact that he's > a student. And, that this mess is about research he's doing as > a student. If we want an on-campus Free Dmitry campaign, we > need to emphasize this. > -S > > [Also, several people are asking me where they can get one of > these Boycott Adobe shirts.] > > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov From alexf at hkn.eecs.berkeley.edu Sun Dec 2 22:43:42 2001 From: alexf at hkn.eecs.berkeley.edu (Alex Fabrikant) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] human interest questions Message-ID: Does anyone know: 1) whether Dmitry is currently allowed to work and receive a salary while in the US? 2) if so, is he indeed employed? 3) if not, how are his wife and kids supporting themselves? The last is admittedly a very sensitive question, but if he's indeed unable to work for 9 months, this is a point that should probably be at the center of any publicity campaign we start now. One thing is an "abstract" freedom being withdrawn, another is starving an innocent person's kids due to a foreign government's whim. ...And, independently, perhaps a charity drive is in order as well? -- -alexf From akatalov at elcomsoft.com Mon Dec 3 03:14:46 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] human interest questions In-Reply-To: References: Message-ID: <1851096979.20011203031446@elcomsoft.com> Dear Alex, Ooops... Strange questions :-(((( Dmitry is still emploed by Elcomsoft, and the company pay him salary as well as all additional expencies related to the living in the USA (apartments, furnishing, utilties, cell phone, Internet... what else? Oh - we was in some italian retaurant yesterday with Dmitry, his wife and childrens, and I paid this from the corporate credit card as well :-)). Alex, as I remeber, you have my cell phone, so you can simply call me and ask if you have any questions, because I'm here at the moment :-) AF> Does anyone know: AF> 1) whether Dmitry is currently allowed to work and receive a salary while AF> in the US? AF> 2) if so, is he indeed employed? AF> 3) if not, how are his wife and kids supporting themselves? AF> The last is admittedly a very sensitive question, but if he's indeed AF> unable to work for 9 months, this is a point that should probably be at AF> the center of any publicity campaign we start now. One thing is an AF> "abstract" freedom being withdrawn, another is starving an innocent AF> person's kids due to a foreign government's whim. AF> ...And, independently, perhaps a charity drive is in order as well? -- Best regards, Alex mailto:akatalov@elcomsoft.com From vkatalov at elcomsoft.com Mon Dec 3 03:40:41 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM Message-ID: <13018316828.20011203144041@elcomsoft.com> The FBI is reportedly using an e-mail worm to capture computer passwords. The Magic Lantern worm is a part of the Cyber Knight computer surveillance program, which allows the FBI to secretly install the eavesdropping software via the Internet in order to record every keystroke a person makes on their PC. http://www.siliconvalley.com/docs/news/tech/040656.htm http://www.newscientist.com/news/news.jsp?id=ns99991589 http://www.washingtonpost.com/wp-dyn/articles/A1436-2001Nov22.html -- Sincerely yours, Vladimir Vladimir Katalov Managing Director ElcomSoft Co.Ltd. Member of Association of Shareware Professionals (ASP) Member of Russian Cryptology Association mailto:vkatalov@elcomsoft.com http://www.elcomsoft.com/adc.html (Advanced Disk Catalog) http://www.elcomsoft.com/art.html (Advanced Registry Tracer) http://www.elcomsoft.com/prs.html (Password Recovery Software) http://www.mailutilities.com (Email Management Software) From debug at centras.lt Mon Dec 3 07:33:27 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com> References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <223821337.20011203163327@centras.lt> VK> The FBI is reportedly using an e-mail worm to capture computer VK> passwords. I know this is off topic but soon after getting VK's warning i have received a letter in html with the following code I wonder how dangerous it is to use option (i.e. automatically open letters in html). Here it is: ...
... -- Best regards, DeBug mailto:debug@centras.lt -- From vkatalov at elcomsoft.com Mon Dec 3 06:42:16 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <223821337.20011203163327@centras.lt> References: <13018316828.20011203144041@elcomsoft.com> <223821337.20011203163327@centras.lt> Message-ID: <1429213490.20011203174216@elcomsoft.com> Hello, > I know this is off topic but soon after getting VK's warning > i have received a letter in html with the following code > I wonder how dangerous it is to use option > (i.e. automatically open letters in html). Here it is: As I understand, you're using TheBat! email client, so it is 100% safe -- it cannot execute JavaScript code (and I hope it never will). It could be dangerous only to Outlook and Outlook Express users. /Vladimir vkatalov@elcomsoft.com From esper at sherohman.org Mon Dec 3 07:58:48 2001 From: esper at sherohman.org (Dave Sherohman) Date: Fri Jul 8 22:09:26 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com>; from vkatalov@elcomsoft.com on Mon, Dec 03, 2001 at 02:40:41PM +0300 References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <20011203095848.E24464@sherohman.org> On Mon, Dec 03, 2001 at 02:40:41PM +0300, Vladimir Katalov wrote: > The FBI is reportedly using an e-mail worm to capture computer > passwords. The Magic Lantern worm is a part of the Cyber Knight > computer surveillance program, which allows the FBI to secretly > install the eavesdropping software via the Internet in order to record > every keystroke a person makes on their PC. Assuming Magic Lantern exists (which seems likely), I have seen no reliable information which would indicate that it has any viral or worm-like characteristics. It's a plain old trojan, sent to specifically-targeted individuals. There has been no indication that any FBI-supported software would attempt to spread itself to new hosts, and I find it very unlikely that they would use anything which does so, as it would almost completely eliminate any chance of the program being accepted by the court system. A more minor detail is that Magic Lantern's purpose is not to capture passwords in general. It specifically targets PGP/GPG passphrases. -- When we reduce our own liberties to stop terrorism, the terrorists have already won. - reverius Innocence is no protection when governments go bad. - Tom Swiss From lars.narbo at telia.com Mon Dec 3 08:35:10 2001 From: lars.narbo at telia.com (obnixus) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] can you be that sure? - what is not dangerous today? - YOU should know! Message-ID: <002701c17c18$81d89a40$46c8143e@duvan> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/gif Size: 733 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011203/60624f50/attachment.gif From jeme at brelin.net Mon Dec 3 14:33:53 2001 From: jeme at brelin.net (Jeme A Brelin) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <20011203095848.E24464@sherohman.org> Message-ID: On Mon, 3 Dec 2001, Dave Sherohman wrote: > There has been no indication that any FBI-supported software would > attempt to spread itself to new hosts, and I find it very unlikely > that they would use anything which does so, as it would almost > completely eliminate any chance of the program being accepted by the > court system. You forget that Ashcroft has stated that his "War on Terrorism" on the domestic front includes "adopting new methods to find terrorists before they act, even if they won't result in a conviction" (or words to that effect). We talked about that on this very list a few months ago. They don't care if it gets thrown out of court when you finally get a trial. They just want to listen now and lock you up for some convenient period later. > A more minor detail is that Magic Lantern's purpose is not to capture > passwords in general. It specifically targets PGP/GPG passphrases. What good is the passphrase without the private key? Does it capture those, too? J. -- ----------------- Jeme A Brelin jeme@brelin.net ----------------- [cc] counter-copyright http://www.openlaw.org From crism at maden.org Mon Dec 3 16:34:45 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: References: <20011203095848.E24464@sherohman.org> Message-ID: <5.1.0.14.0.20011203163131.00aab300@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 14:33 3-12-2001, Jeme A Brelin wrote: >What good is the passphrase without the private key? Does it capture >those, too? The private key is stored in an encrypted file using symmetric encryption (i.e., traditional encryption, where the same key encrypts and decrypts). The FBI can get your private keyring using the same methods that they can use to get other files, under a search warrant, but without the passphrase, it's very difficult to tell what the key actually is and therefore to access any files you may have encrypted with it. Intercepting the passphrase allows them to discover the private key and thence to recover any encrypted files. As long as this all happens under a search warrant, as in the Nicky Scarfo case in New Jersey, it's not really problematic. Just a reminder: I'll be giving a seminar on stuff like this tomorrow evening in San Francisco. E-mail me for details. ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPAwaJaxS+CWv7FjaEQK7PgCgr5FdYkFj29yu4wYyfSpIkgNqjDEAoMwF 3UJwnsiCLYIkmcDjDNmQnGU5 =G3Cz -----END PGP SIGNATURE----- From wiljan at pobox.com Mon Dec 3 17:47:06 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM Message-ID: <200112040209.UAA000.55@cressida.nereid.ar-digit.net> On Mon, 3 Dec 2001 14:33:53 Jeme A Brelin jeme@brelin.net said: > You forget that Ashcroft has stated that his "War on Terrorism" on the > domestic front includes "adopting new methods to find terrorists before > they act, even if they won't result in a conviction" (or words to that > effect). > We talked about that on this very list a few months ago. > They don't care if it gets thrown out of court when you finally get a > trial. They just want to listen now and lock you up for some convenient > period later. The Magic Lantern thing is most likely A Red Herring thing. Most reports say that the FBI "is developing" blah blah blah. This 'could' be done for the Windoz machines, but it's more effective to let the newsies have it and see who is changing encryption techniques. So far the result is a modest increase in the number of folk encrypting a picture of "Fluffy" the cat and sending that to themselves through the remailers (mixmaster). This really pisses the Echelon crew. -will- ------Meddle not in affairs of dragons, Thou art crunchy and taste good with ketchup. From tom at lemuria.org Mon Dec 3 20:36:38 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: ; from jeme@brelin.net on Mon, Dec 03, 2001 at 02:33:53PM -0800 References: <20011203095848.E24464@sherohman.org> Message-ID: <20011204053637.A4356@lemuria.org> On Mon, Dec 03, 2001 at 02:33:53PM -0800, Jeme A Brelin wrote: > > A more minor detail is that Magic Lantern's purpose is not to capture > > passwords in general. It specifically targets PGP/GPG passphrases. > > What good is the passphrase without the private key? Does it capture > those, too? getting at something that is stored in a known place has never been a problem for LEAs. the passphrase, however, is inconveniently (for them) stored in your head, and unfortunately (for them), torture has been removed from their toolbox a while ago. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From david.haworth at altavista.net Mon Dec 3 22:34:38 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <20011204053637.A4356@lemuria.org>; from tom@lemuria.org on Tue, Dec 04, 2001 at 05:36:38AM +0100 References: <20011203095848.E24464@sherohman.org> <20011204053637.A4356@lemuria.org> Message-ID: <20011204073438.A11674@3soft.de> On Tue, Dec 04, 2001 at 05:36:38AM +0100, Tom wrote: > the passphrase, however, is inconveniently (for them) stored in your > head, and unfortunately (for them), torture has been removed from their > toolbox a while ago. The more paranoid among you will note that the rumoured existence of this key-sniffer gives them a plausible non-violent route to the passphrase, thus putting torture (deniable, of course) back into the toolbox. Dave (playing devil's advocate) -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011204/5418235f/attachment.pgp From crumley at mail.com Tue Dec 4 06:51:44 2001 From: crumley at mail.com (Jim Crumley) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: <200112020211.fB22Bfi07227@host17.the-web-host.com> Message-ID: <20011204085144.A6306@gordo.space.umn.edu> On Sat, Dec 01, 2001 at 10:24:51PM -0500, Xcott Craver wrote: > > How many universities are represented by people on this list? > I.e., if we print up flyers specifically oriented to students > or otherwise plan to raise awareness on college campuses, how > many campuses would we be talking about? Well, our Minnesota group [1] isn't college only, but the majority of the work we've done (especially since August) has been on campus here at the University of Minnesota. We've done flyers and we've done talks, but its hard to say how successful we've been at getting the word out. I think that our real support is pretty narrowly concentrated in the CS and EE departments. > People here at Princeton seem a bit surprised when they hear > about Sklyarov's arrest; sounds like that DeCSS thing, they think. > But they are positively shocked when told that Sklyarov is a grad > student, doing his dissertation on the stuff that got him nicked. > When you point out he's one of them, it gets their attention. > > I've handed out a lot of those flyers from the San Jose protest, > but I notice that it makes little mention of the fact that he's > a student. And, that this mess is about research he's doing as > a student. If we want an on-campus Free Dmitry campaign, we > need to emphasize this. Hitting on the fact that Dmitry is a student is good and is probably what helped us get coverage in the college news paper. 1. http://faircopyright.org/ -- Jim Crumley | crumley@fields.space.umn.edu | Work: 612 624-6804 or -0378 | From akatalov at elcomsoft.com Tue Dec 4 14:22:28 2001 From: akatalov at elcomsoft.com (Alex Katalov) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <20011204085144.A6306@gordo.space.umn.edu> References: <200112020211.fB22Bfi07227@host17.the-web-host.com> <20011204085144.A6306@gordo.space.umn.edu> Message-ID: <1684459435.20011204142228@elcomsoft.com> Dear Jim, JC> Hitting on the fact that Dmitry is a student is good and is JC> probably what helped us get coverage in the college news paper. Even better hot simply say that he is a (post-graduated!) student, but that this research was a part of his PhD work, assigned and accepted by his University!!! BTW - even more. His PhD was heard by University professors (sorry, don't know the right English therm), was accepted, and was _officially_ filed at July 2 - right two weeks before his arrest. I think it may be sensitive for students to learn that after finishing the university or post-graduating, they may be arrested and charged for what they did as a part of their diploma or dissertation!!! -- Best regards, Alex mailto:akatalov@elcomsoft.com From sacraver at EE.Princeton.EDU Tue Dec 4 15:04:08 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:27 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: <1684459435.20011204142228@elcomsoft.com> Message-ID: On Tue, 4 Dec 2001, Alex Katalov wrote: > BTW - even more. His PhD was heard by University professors (sorry, > don't know the right English therm), was accepted, and was _officially_ > filed at July 2 - right two weeks before his arrest. Thanks for the information. Could you clarify some points, tho? Do you mean that Dmitry has now been awarded his Ph.D. --- i.e., that he is finished with school completely? Or have the professors just approved his proposal for Ph.D. research? The question is, is he still an enrolled student, or would be if he weren't arrested? I want to know exactly what to write. Also, Sklyarov's job at Elcomsoft: would you consider this full-time permanent employment, or something akin to a student internship? > I think it may be sensitive for students to learn that after finishing > the university or post-graduating, they may be arrested and charged > for what they did as a part of their diploma or dissertation!!! Absolutely. Students are quite shocked to hear this, in my experience. There's another hot issue with engineering students: that companies are essentially pressuring them to avoid having any impact on their present industry, or devaluing present technologies which these companies sell. As we know, this is impossible because all new scientific discoveries can devalue old technologies in favor of new ones. Or, we can discover that certain products are defective, ineffective, or hazardous to public health. There's no point in being an engineering student if you can't advance the state of the art; might as well go study pure math. Thanks for your help, Xcott [Not that there's anything wrong with studying pure math.] From david.haworth at altavista.net Tue Dec 4 22:31:23 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: ; from sacraver@EE.Princeton.EDU on Tue, Dec 04, 2001 at 06:04:08PM -0500 References: <1684459435.20011204142228@elcomsoft.com> Message-ID: <20011205073123.A12135@3soft.de> On Tue, Dec 04, 2001 at 06:04:08PM -0500, Xcott Craver wrote: > Or, we can discover that certain products are defective, > ineffective, or hazardous to public health. There's no > point in being an engineering student if you can't advance > the state of the art; might as well go study pure math. > > Thanks for your help, > Xcott > > [Not that there's anything wrong with studying pure math.] Pure maths isn't immune to the problem either. Advances in number theory might render certain cryptosystems ineffective for one thing ... You'd be better off studying history or archaeology or something. Or law :-( Dave -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011205/422c77aa/attachment.pgp From debug at centras.lt Wed Dec 5 01:24:33 2001 From: debug at centras.lt (DeBug) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Quick Query for Campus Campaign In-Reply-To: References: Message-ID: <482206031.20011205102433@centras.lt> XC> There's another hot issue with engineering students: that XC> companies are essentially pressuring them to avoid having XC> any impact on their present industry, or devaluing present XC> technologies which these companies sell. XC> As we know, this is impossible because all new scientific XC> discoveries can devalue old technologies in favor of new ones. Bah!!! New more effective technologies are traded against profiting from existing ones The principle is simple - if I cannot catch up with implementation of new technologies then noone should be ahead of me... -- Best regards, DeBug mailto:debug@centras.lt -- From vkatalov at elcomsoft.com Wed Dec 5 02:17:38 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI IS REPORTEDLY USING SURVEILLANCE WORM In-Reply-To: <13018316828.20011203144041@elcomsoft.com> References: <13018316828.20011203144041@elcomsoft.com> Message-ID: <622080732.20011205131738@elcomsoft.com> Hello, > The FBI is reportedly using an e-mail worm to capture computer > passwords. [...] More on that (yesterday's article): http://it.mycareer.com.au/news/2001/12/04/FFXNNPJ4RUC.html /Vladimir vkatalov@elcomsoft.com From vkatalov at elcomsoft.com Wed Dec 5 23:11:04 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI fixes focus on technology Message-ID: <562217587.20011206101104@elcomsoft.com> http://www.fcw.com/fcw/articles/2001/1203/web-fbi-12-05-01.asp > An ambitious overhaul of the FBI will focus new attention on > cybercrime and stress upgrades to the agency's information > technology, director Robert Mueller announced. > [...] > FBI missteps include disclosure that agents could not find 184 > laptop computers and had lost more than 400 guns. Vladimir Katalov ElcomSoft Co.Ltd. http://www.elcomsoft.com mailto:vkatalov@elcomsoft.com From Robloch at aol.com Fri Dec 7 01:32:21 2001 From: Robloch at aol.com (Robloch@aol.com) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] KaZaa asks users to help fight RIAA Message-ID: <53.fa67688.2941e6a5@aol.com> What does anyone think of this? An interesting lobbying technique, perhaps... 'If you like using KaZaA help us stop vested organisations around the world interfering with the way the software functions. Join our Defensive Line. We???re under attack and we need your help. KaZaA isn't controlled by the big entertainment companies or their lobbyists. Don't let anyone tell you what you can and cannot download. KaZaA provides you with the software you can't get anywhere else; a way to get together and share files that you enjoy. KaZaA believes in your right to share files on the Internet with other users of KaZaA software. You decide what goes in your shared folder, you decide what you want to share with other users and you decide how you want to participate. ' more- http://www.kazaa.com/en/defend.htm From luisreis at alumni.fd.uc.pt Fri Dec 7 05:17:40 2001 From: luisreis at alumni.fd.uc.pt ('Luis Miguel Ramirez Vieira Reis') Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] some questions about wedding... In-Reply-To: <20011130143147.HM.B0000000002n9zE@www12.hanmail.net> References: <20011130143147.HM.B0000000002n9zE@www12.hanmail.net> Message-ID: <1007731060.3c10c1741c968@alumni.fd.uc.pt> Hi! I am against wedding! See you! Luis Reis Citando ?????? : > Hi!! > Nice to meet you and happy to join your group. > I'm a korean girl and go to university. > and I got a project of which topic is world wedding > culture. > so i need your help!! > could you answer my questions if you know them? > (you don't have to anwser all of questions > i'll be very happy even though you anwser only one or > two:-) > > -these are what i want to know. > 1. what is the most popular wedding present in your > culture? > > 2. How much money do you need to prepare wedding > ceremony(also, which item do you spend money most for) > ? > > 3. do you have a unique expression for proposal? > (for example, in korea, a man says "i'll love you > until my black hair turns into white like snow" to his > lover) > > 4. what is the most popular place for honeymoon in > your culture? > > 5. where and when is wedding ceremony usually held? > > please help me!!! > thank you for reading my mail :-) > > > > > =================================================================== > ???? ??????, Daum http://www.daum.net > ????, 1/n????, ????????! ?????? ???????? ???????? > ?? ???????? http://mailbank.daum.net/ > > _______________________________________________ > free-sklyarov mailing list > free-sklyarov@zork.net > http://zork.net/mailman/listinfo/free-sklyarov > From tompoe at renonevada.net Fri Dec 7 07:14:28 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] KaZaa asks users to help fight RIAA In-Reply-To: <53.fa67688.2941e6a5@aol.com> References: <53.fa67688.2941e6a5@aol.com> Message-ID: <01120707142800.05898@aether> On Friday 07 December 2001 01:32, Robloch@aol.com wrote: > What does anyone think of this? An interesting lobbying technique, > perhaps... > more- > http://www.kazaa.com/en/defend.htm > Hi: My linux box doesn't let me enter a valid email address to join. Guess I'll have to move over to a windoz box and use IE. Dumb. Thanks, Tom From ktneely at astroturfgarden.com Thu Dec 6 19:40:04 2001 From: ktneely at astroturfgarden.com (Kevin) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Interesting Quote Message-ID: <002b01c17f37$482e7ea0$757ba8c0@jnpr.net> I'm currently reading _Shamans, Software, and Spleens_ by James Boyle, which is about Law and Intellectual Property. I found this interesting quote from an Feb 20, 1994 InfoWorld article "Industry Divided over Software Patents..." by Claire Whitmer. This article concerns whether or not software should be patented and the parties on both sides of that issue. In the article, she writes: "On one side is the camp that claims that the use of patents will stifle technical innovation and jack up overhead legal costs-costs eventually passed on to consumers-to levels barring everyone but the heavyweights from entering the market. Though this line of reasoning is mostly expounded by developers from small companies and the 600 members of the League for programming Freedom, some major industry players such as Oracle Corp., Adobe Systems Inc.,and Autodesk Inc. also lined up on this side... The opposite camp argues that patents are no more harmful to innovation in software than in any other industry and counters with an equally disturbing suggestion that, without patents, American software inventions will be primed for the picking, particularly by foreign developers." Hmm, just interesting to see Adobe in there and how far they've come since then. Well, I guess they did withdraw their suit, but was that b/c they're returning to their roots, or b/c of the potentially bad PR? I'll leave that to you. K -- In Vino Veritas http://astroturfgarden.com/~ktneely From owlswan at eagle.eff.org Fri Dec 7 11:21:09 2001 From: owlswan at eagle.eff.org (Henry Schwan) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FIJA Message-ID: An interesting quote for this thread. "The jury in all criminal cases, shall be the judges of the law and the facts." -- Georgia, Declaration of Rights, Art.I, Sec.II, Para. I -- Regards, Henry Schwan Paralegal Electronic Frontier Foundation (415)436-9333 x114 (415)436-9993 (fax) owlswan@eff.org "I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations." -- James Madison -- Founding Father, US President "The jury in all criminal cases, shall be the judges of the law and the facts." -- Georgia, Declaration of Rights, Art.I, Sec.II, Para. I From schoen at loyalty.org Sat Dec 8 21:04:57 2001 From: schoen at loyalty.org (Seth David Schoen) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] How to unsubscribe; topicality Message-ID: <20011209050457.GA27047@zork.net> Many people recently received a membership reminder from the Mailman software, so this seems like a good time for this reminder. This is the latest version of a periodic message about how to unsubscribe from free-sklyarov, and how to be on topic here. If you want to unsubscribe, you can't do it by writing to the list itself (free-sklyarov@zork.net). You can do it either on the web or by sending a properly-formatted unsubscribe message. TO UNSUBSCRIBE ON THE WEB: Go to http://zork.net/mailman/listinfo/free-sklyarov/ Find the section which reads To change your subscription (set options like digest and delivery modes, get a reminder of your password, or unsubscribe from free-sklyarov), enter your subscription email address: enter your e-mail address, and use the "Edit options" button. (You must enter your list password; if you don't remember it, a copy can be e-mailed to you.) TO UNSUBSCRIBE BY E-MAIL: From the account under which you're subscribed, send a message to free-sklyarov-request@zork.net (NOT free-sklyarov@zork.net) with the single line unsubscribe If this doesn't work, contact me (free-sklyarov-admin@zork.net). Please never send unsubscription requests or questions to the list itself. Now, a quick reminder about topicality: with the recent dearth of news about Dmitry Sklyarov's situation or about protest events, we've been seeing a lot of posts here which are increasingly unrelated to his situation. These are a problem because they can use the valuable time of people who signed up to this list in the expectation of receiving Dmitry Sklyarov-related news. Before sending things to the list, please think carefully about whether they will be of use and interest to the subscribers. We still have about 700 members here, and each one of them could potentially read your message. So please make sure it's about something that matters to them. Once again, thanks for being a part of the free-sklyarov list. -- Seth David Schoen | Its really terrible when FBI arrested Temp. http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull down: http://www.loyalty.org/ (CAF) | mission -- to share his knowledge with http://www.freesklyarov.org/ | american nation. (Ilya V. Vasilyev) From jays at panix.com Sun Dec 9 13:13:12 2001 From: jays at panix.com (Jay Sulzberger) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] [cananian@lesser-magoo.lcs.mit.edu: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use"] (fwd) Message-ID: ---------- Forwarded message ---------- Date: Sun, 09 Dec 2001 15:18:22 -0500 From: Don Saklad To: jays@panix.com Subject: [cananian@lesser-magoo.lcs.mit.edu: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use"] ------- Start of forwarded message ------- Envelope-to: dsaklad@gnu.org From: "C. Scott Ananian" X-Sender: cananian@catfish.lcs.mit.edu To: dmitry-boston-announce@lesser-magoo.lcs.mit.edu cc: calendar@freesklyarov.org, free@freesklyarov.org Content-Type: TEXT/PLAIN; charset=US-ASCII X-BeenThere: dmitry-boston-announce@lm.lcs.mit.edu X-Mailman-Version: 2.0.6 Precedence: bulk Subject: [DMITRY-BOSTON] [DB-ANNOUNCE] "The Future of Fair Use" Sender: dmitry-boston-admin@lesser-magoo.lcs.mit.edu X-BeenThere: dmitry-boston@lm.lcs.mit.edu Reply-To: dmitry-boston@lesser-magoo.lcs.mit.edu List-Help: List-Post: List-Subscribe: , List-Id: Planning list for Boston "Free Sklyarov" effort. List-Unsubscribe: , List-Archive: Date: Sun, 9 Dec 2001 14:59:06 -0500 (EST) Dmitry-boston has been rather quiet lately, but the issues haven't gone away. I've still been talking to people/classes and writing letters: it's been almost five months since Dmitry was arrested, five months away from his country, home, and family. Jonah Jenkins at the Rotch Library here at MIT has been organizing a Librarians' conference on Fair Use issues; I'll be there assistent in some still-vague way (perhaps in on the panel discussion). It's at MIT, this Tuesday; Jonah told me, "If there's anyone you'd like to invite to just show up, without registering, that's perfectly fine," so I'm inviting all of you! It should be an excellent chance to network with librarians and figure out how best to take the next step forward in our advocacy on these issues. The announcement is attached: hope to see lots of you there! [If you can't make the full day, the program schedule is at http://www.asis.org/Chapters/neasis/pc/programs/20011211-schedule.html perhaps you'd like to catch one or two of the speakers individually.] --scott - ---------- Forwarded message ---------- American Society for Information Science & Technology - New England Chapter (NEASIST) presents: "The Future of Fair Use" The Digital Millennium Copyright Act has raised many questions about the future of fair use in research, education, publishing, music, art, and countless other aspects of our information society. Join us in discussing the DMCA, Fair Use and continued access to copyrighted materials. Learn what can be, and is being done to shape the future of Fair Use. When: Tuesday, December 11, 2001; 8:30 am - 4:45 pm Where: Wong Auditorium Massachusetts Institute of Technology Building E-51 Cambridge, MA Directions to MIT: http://whereis.mit.edu/doc/getting-to-mit.html Wong Auditorium: http://whereis.mit.edu/bin/map?locate=wong Speakers will include: * Walter McDonough, Esq., General Counsel for the Future of Music Coalition * Robin Gross, Esq., Fair Use Attorney, Electronic Frontier Foundation * Professor Patricia Seed, Rice University * Professor Jonathan Zittrain, Berkman Center, Harvard Law School * Ivy Anderson, Library Digital Initiative, Harvard University Registration fee includes continental breakfast and refreshments. Lunch is not included. Registrations will be processed on a first come, first served basis. Online registration is encouraged. Registrations must be received by December 1, 2001. Registration costs: ASIS member: $55 Non-member: $65 Student/Retiree/Between jobs: $30 For more information (including where to park), and registration instructions, see: http://www.neasist.org - -------------------------------------------------------------------------- _______________________________________________ dmitry-boston-announce mailing list dmitry-boston-announce@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston-announce _______________________________________________ dmitry-boston mailing list dmitry-boston@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston ------- End of forwarded message ------- From seth.johnson at RealMeasures.dyndns.org Wed Dec 12 23:03:58 2001 From: seth.johnson at RealMeasures.dyndns.org (Seth Johnson) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] Microsoft's DRM OS Patent Message-ID: <3C1852DE.6FE6E609@RealMeasures.dyndns.org> Following are my comments to Dave Farber on the recently unveiled Microsoft Software Patent for a Digital Rights Management Operating System. Seth Johnson Committee for Independent Technology -------- Original Message -------- Date: Thu, 13 Dec 2001 01:46:42 -0500 From: Seth Johnson To: dave@scripting.com Dave: In the essay at the bottom of this post, you asked what Microsoft gave up in a deal you felt they had to have reached with the Bush Administration. I think we see it right here. Microsoft didn't have to give up anything -- Microsoft just had to own the patent on a DRM OS, providing the Government with an almost absolutely assured trajectory toward establishing the terms by which exclusive right to digital information would be policed. The real kicker is right here: > The digital rights management operating system > also limits the functions the user can perform on the > rights-managed data and the trusted application, and > can provide a trusted clock used in place of the > standard computer clock. The ability to use information freely is now going to be policed at the most intricate level, in the name of exclusive rights and to the detriment of the most fundamental Constitutional principles of our society. Whereas The U.S. Constitution assures that every American citizen has the full freedoms accorded to the First Amendment, we see here the trappings of the final phases of the legislative demarcation of the public into a mass of information consumers. Seth Johnson Committee for Independent Technology > -------- Original Message -------- > Subject: [C-FIT_Community] MS Patent for Digital Rights Management OS > Date: Thu, 13 Dec 2001 01:17:07 -0500 > From: Seth Johnson > > AAcckk!! > > It's a LOGIC DEVICE, not a consumer appliance!! > > Okay, so we can stop Microsoft from establishing that this kind of OS is > legally required on our machines, right? *RIGHT??* > > Seth Johnson > > (Forwarded from Law & Policy of Computer Communications list, > CYBERIA-L@LISTSERV.AOL.COM) > > -------- Original Message -------- > Date: Wed, 12 Dec 2001 23:18:08 -0800 > From: John Young > > Microsoft's patent for a Digital Rights Management > Operating System was awarded yesterday: > > http://cryptome.org/ms-drm-os.htm > > Abstract > > A digital rights management operating system protects > rights-managed data, such as downloaded content, from > access by untrusted programs while the data is loaded > into memory or on a page file as a result of the > execution of a trusted application that accesses the > memory. To protect the rights-managed data resident in > memory, the digital rights management operating system > refuses to load an untrusted program into memory while > the trusted application is executing or removes the > data from memory before loading the untrusted program. > If the untrusted program executes at the operating > system level, such as a debugger, the digital rights > management operating system renounces a trusted identity > created for it by the computer processor when the > computer was booted. To protect the rights-managed data > on the page file, the digital rights management > operating system prohibits raw access to the page file, > or erases the data from the page file before allowing > such access. Alternatively, the digital rights > management operating system can encrypt the > rights-managed data prior to writing it to the page > file. The digital rights management operating system > also limits the functions the user can perform on the > rights-managed data and the trusted application, and > can provide a trusted clock used in place of the > standard computer clock. > > ********************************************************************** > For Listserv Instructions, see http://www.lawlists.net/cyberia > Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot > Need more help? Send mail to: Cyberia-L-Request@listserv.aol.com > ********************************************************************** > -----Original Message----- > From: dave@scripting.com (DaveNet email) > Date: Tue, 06 Nov 2001 18:49:31 GMT > Subject: You're free to think > > > ***The right to think > > No matter where you live, in what time period, no matter who you work > for, you can think for yourself. We don't need a Constitution or a > First Amendment to guarantee the right to think. This is a point worth > noting as our freedoms are whittled, controlled and choked, for good > reasons or bad. > > ***The right to speak > > Now the right to speak is a whole other matter. > > In Nazi Germany, or Stalin's Russia, had you spoken out, you would have > been killed. > > That's how extreme it gets some times in some places. > > ***The fear of government > > Even the US government under a Democrat president was scared of the > Internet [1]. Perhaps with good cause, I'll give them that much, it's a > powerful communication medium, and it can be used equally well by > scientists, thinkers and people doing good as it can be used by > terrorists, racists, abusers of children, and promoters of hate. > > However silly it may seem, we made a historic decision [2] in the US, > in the 18th century, to take the bad with the good. In the US, the > right to speak is something the government, by design, has very little > power to regulate. > > ***What did Microsoft give up? > > It's a fact, Microsoft made a deal with the US government. No > theorizing necessary there, it's not a matter of probability, it's a > certainty. The deal was announced. Ashcroft spoke. Gates spoke. We all > know it happened. > > But what was the deal? What did Microsoft give up to get full control > of the Internet? > > What did the government want from Microsoft, and what did Microsoft > give them? > > Was it merely a campaign contribution in the 2000 election? > > Or did Microsoft promise to provide the government with access to all > the information they accumulate in the Hailstorm database? > > Did Microsoft give the government the power to censor websites they > think are being used by terrorists? With that power will they be able > to shut down sites like the NY Times or the Washington Post if they say > things that compromise the government's war effort? > > Will Microsoft support an Internet tax? > > What else? These are just the ideas that occurred to me as I thought > about the possibilities this morning. I'm sure there are others I > haven't thought of. > > ***And who did they sell out? > > At a certain level I'm just beginning to understand how powerful > Microsoft has become. > > They own the chokepoint for most of the electronic communication over > email and the Web. > > Now, they have to get people to upgrade to Windows XP -- that's the > final step, the one that fully turns over the keys to the Internet to > them, because after XP they can upgrade at will, routing through > Microsoft-owned servers, altering content, and channeling communication > through government servers. After XP they fully own electronic > communication media, given the consent decree, assuming it's approved > by the court. > > Here's how it works. Because their operating system is a monopoly, so > is their bundled Web browser. If one day my site were not reachable > through MSIE I'd lose most of my readers. They could shut down any site > they want to, and with their new partnership with the US government, > they could have justification, if not moral, at least legal and > pragmatic. The government has law on its side, and the FBI, CIA, NSA, > FAA, FDA, the Army, Navy, Marines and Air Force. Nukes and biological > weapons. They're a powerful partner, and a now, a Friend of Bill. > > The rest of us are totally cut out of this deal. We're taken for > granted, we're dumb, fat and happy, supposedly, and the future no > longer looks so bright. The fat period is over. Microsoft had a lot of > power to offer to the government. The government has been granted new > electronic surveillance power [3] by Congress. Now how do they > implement it? Microsoft can help. In my mind I'm not so naive to > believe this was an arms-length deal, I'm certain there are aspects to > the partnership between Microsoft and the US government that we can't > see. > > If this scares you -- good. I think we've got a problem, and the > government and Microsoft are not likely to help us. > > ***Your freedom will persist > > No matter what happens to the Internet, remember you are free to use > your mind. > > Dave Winer > > PS: In my heart I cling to the hope that the Bush Administration really > doesn't understand the Web, and that Microsoft really doesn't want the > power to control what is said on the Internet. In my dream they wake up > and say "Holy shit we didn't see that we were accumulating this much > power." > > PPS: Failing that, I pray for the integrity of the Judicial branch of > the US government. Gotta love those checks and balances. > > > ----------------------------------------------------------------------- > (c) Copyright 1994-2001, Dave Winer. http://davenet.userland.com/. > "There's no time like now." > > C-FIT Community Discussion List > List Parent: seth.johnson@RealMeasures.dyndns.org > C-FIT Home: http://RealMeasures.dyndns.org/C-FIT > > To Subscribe/Unsubscribe: > ------------------------------------------------------------ > Send "[Un]Subscribe C-FIT_Community" To Listserv@RealMeasures.dyndns.org From vkatalov at elcomsoft.com Wed Dec 12 23:01:29 2001 From: vkatalov at elcomsoft.com (Vladimir Katalov) Date: Fri Jul 8 22:09:28 2005 Subject: [free-sklyarov] FBI builds cybercrime division Message-ID: <521801345.20011213100129@elcomsoft.com> http://news.cnet.com/news/0-1005-200-8055680.html?tag=prntfr -- Sincerely yours, Vladimir Vladimir Katalov Managing Director ElcomSoft Co.Ltd. Member of Association of Shareware Professionals (ASP) Member of Russian Cryptology Association mailto:vkatalov@elcomsoft.com http://www.elcomsoft.com/adc.html (Advanced Disk Catalog) http://www.elcomsoft.com/art.html (Advanced Registry Tracer) http://www.elcomsoft.com/prs.html (Password Recovery Software) http://www.mailutilities.com (Email Management Software) From mlc67 at columbia.edu Wed Dec 12 23:17:22 2001 From: mlc67 at columbia.edu (mike castleman) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. Message-ID: <20011213071722.GP2536@pinetree.dhs.org> So, I got a letter today from "U.S. Department of Justice, Criminal Division". After freaking out about what they could possibly want from me, I opened the envelope and found a response to a letter I'd written them in early August about Dmitry. I'm reproducing it here in case anyone else wants to read it. Though, it doesn't say anything new (or really much of anything at all). -mike U.S. Department of Justice Criminal Division Washington, DC 20530-0001 December 5, 2001 Mr. Michael Castleman [my address] Dear Mr. Castleman: Thank you for your letter to the Attorney General regarding the Digital Millennium Copyright Act (DMCA) and the ongoing proceeding against Dmitry Sklyarov. While Department of Justice policy precludes discussion of pending matters, your letter also raises a number of concerns about the DMCA generally which we can address. The Digital Millennium Copyright Act was enacted by Congress in 1998 to help protect copyrighted works in the digital age. The DMCA was adopted to help satisfy requirements of two international treaties of which the United States is a signatory. The statute provides both civil and criminal sanctions for circumvention of technological measures which are used to protect copyrighted works. In regard to criminal prosecutions under the DMCA, it is important to note that the law specifically requires the government to prove elements that are not required for private civil action under the statute. Not only must the government prove ever element beyond a reasonable doubt, it must show a high level of intent on the part of the defendant and that the defendant was acting for commercial or financial gain. These provision significantly limit the circumstances in which the DMCA can be used in the criminal arena. However, in cases in which the facts and evidence warrant a prosecution under the DMCA or other federal criminal laws, the Department of Justice will proceed. It is the mission of the Department of Justice to administer and enforce the laws of this nation in a fair and reasonable manner. While we appreciate the concerns raised by your letter, the decision to prosecute a particular case is reached only after a careful evaluation of the applicable law and all the relevant facts and evidence. Thank you for expressing your views. Sincerely, [appears to be a digital image of a signature] John Malcolm Deputy Assistant Attorney General -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 232 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011213/82233e49/attachment.pgp From tom at lemuria.org Wed Dec 12 23:28:55 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. In-Reply-To: <20011213071722.GP2536@pinetree.dhs.org>; from mlc67@columbia.edu on Thu, Dec 13, 2001 at 02:17:22AM -0500 References: <20011213071722.GP2536@pinetree.dhs.org> Message-ID: <20011213082855.A20173@lemuria.org> On Thu, Dec 13, 2001 at 02:17:22AM -0500, mike castleman wrote: > The Digital Millennium Copyright Act was enacted by Congress in 1998 to > help protect copyrighted works in the digital age. The DMCA was > adopted to help satisfy requirements of two international treaties of > which the United States is a signatory. funny how they always rest their argument on "international treaty" the way they'd said "word of god" a few hundred years ago - but if the holy treaty is inconvenient (biological weapons, ABM, ...) they bail out of it on short notice, no trouble at all. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From david.haworth at altavista.net Thu Dec 13 00:18:51 2001 From: david.haworth at altavista.net (David Haworth) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Microsoft's DRM OS Patent In-Reply-To: <3C1852DE.6FE6E609@RealMeasures.dyndns.org>; from seth.johnson@RealMeasures.dyndns.org on Thu, Dec 13, 2001 at 02:03:58AM -0500 References: <3C1852DE.6FE6E609@RealMeasures.dyndns.org> Message-ID: <20011213091851.A21543@3soft.de> On Thu, Dec 13, 2001 at 02:03:58AM -0500, Seth Johnson wrote: > > Following are my comments to Dave Farber on the recently unveiled > Microsoft Software Patent for a Digital Rights Management Operating > System. A question for anyone who has read the patent (and understands it) - is there really anything "non-obvious" or "innovative" in there (apart from the given accumulation of widely-known techniques into a bug-ridden whole that is typical of Microsoft). One interesting thing that might come out of this. If: - Microsofts patent is ruled valid, and - the US government mandates the use of this system for all "digital devices" then the US would be in breach of the WIPO Copyright Treaty (look at the "agreed statements" concerning article 12). Can anyone say "instrument of unratification". Dave -- David Haworth Baiersdorf, Germany david.haworth@altavista.net -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/pgp-signature Size: 228 bytes Desc: not available Url : http://frotz.zork.net/pipermail/free-sklyarov/attachments/20011213/3506cf2e/attachment.pgp From kfoss at planetpdf.com Thu Dec 13 00:34:15 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] MightyWords folding: Print your eBooks? Message-ID: from Planet PDF --> MightyWords.com will cease operations in 30 days Closure could pose future dilemma -- eBook irreplaceability -- for some customers PDF-based digital content company MightyWords.com posted on its Web site today that it will be closing for good on January 12, 2002. The decision may create problems beyond that date for some eBooks customers who could find their purchased titles to be irreplaceable due to the company's soon-to-be-defunct digital rights scheme. http://www.planetpdf.com/mainpage.asp?webpageid=1785 rgds ~ Kurt ________________________________________ Kurt Foss | Editor, Planet PDF From mw at themail.com Thu Dec 13 00:56:55 2001 From: mw at themail.com (mw@themail.com) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] DoJ Response to Sklyarov letter. Message-ID: <200112130356937.SM00311@mail.TheMail.com> Mike, Thanks for sharing your letter with us. This was very informative. I'm glad to see that people are trying and it is unfortunate that the DOJ, responded in this manner. This part: > >The DMCA was >adopted to help satisfy requirements of two international treaties of >which the United States is a signatory. they forgot the sentence... "Although the DMCA goes too far..." >The statute provides both > >civil and criminal sanctions for circumvention of technological > >measures which are used to protect copyrighted works. > Which two treaties? Are they talking about the WIPO treaty...can they quote WHERE it states this as a requirement? sigh. -marcia /*** ----------------------------------------------------- advance the arts and sciences... get 'em where it counts ---------------------------------------------------------- **/ __________________________________________________________________ TheMail.com - Full featured premium email you can count on. Sign-up today at http://www.themail.com/ From jei at cc.hut.fi Thu Dec 13 04:05:10 2001 From: jei at cc.hut.fi (Jei) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] US/FBI Plans More International Terror Raids Against File Swapping Kids Message-ID: http://news.cnet.com/news/0-1005-200-8145809.html?tag=mn_hd U.S. plans new raids on file swappers By [15]Robert Lemos Staff Writer, CNET News.com December 12, 2001, 4:15 p.m. PT update Federal officials said new raids targeting Internet "warez" groups are in the works following the largest U.S. crackdown on Internet piracy in history this week, including potential strikes outside the country. "This is only the first step," said Kevin Bell, spokesman for the nation's customs agency. "The investigation is ongoing." The U.S. Customs Service, along with the U.S. Department of Justice, on Tuesday raided universities and high-tech businesses in 27 cities as part of an international crackdown on underground groups that actively trade in illicit copies of software and digital media. Dubbed "Operation Buccaneer," the enforcement action occurred simultaneously in four other countries, where an additional 22 search warrants were issued, resulting in the arrests of nine people. None of the suspects in the United States have yet been arrested. "This investigation underscores the severity and scope of a multibillion-dollar software swindle over the Internet, as well as the vulnerabilities of this technology to outside attack," Customs Commissioner Robert Bonner said in a statement. In the first overt action of a 15-month investigation of such organized groups of pirates, the Customs Service targeted the oldest and largest group, known as DrinkOrDie. "We are targeting these groups that do it all the time," said Customs Service spokesman Bell. "If you are at your house one night and you want to get a free copy of some software, that's not what we are talking about." Search and seizure Customs agents seized 129 computers in the 38 searches nationwide, said Bell. Among the data captured were Web sites with so much pirated media that it took 4,000 pages to list the titles. Another seized system had more than 5,000 movies, including the blockbuster "Harry Potter and the Sorcerer's Stone." "The data was available to millions of people all over the world," said Bell, who added that another 15 countries may take part in the action. Members of the DrinkOrDie group included corporate executives, computer network administrators and students at major U.S. universities who regularly uploaded copy-protected software and digital media to be broken by other members of the group. There are perhaps as many as 10 major warez communities such as DrinkOrDie. And they don't do it for profit, said Bell. "They believe in a free Internet," he said. "They don't want any rules or any laws that inhibit what they do." Warez (pronounced "wares") describes software and digital material that has been stripped of anti-copying protections and made available on the Internet for downloading. Because the amount of data and evidence that the Customs Service must sort through is so large, Bell said he expected arrest warrants for subjects in the case would take two to three months to obtain. Hitting the right target? At least one computer security expert criticized the government's crackdown, saying it focuses on the wrong people. "There are two kinds of people pirating software: the kids, and the people who are stamping out 5,000 copies in Taiwan and selling them for $5 a pop," said Bruce Schneier, a well-known encryption expert and president of network protection company Counterpane Internet Security. The warez groups are typically students and computer aficionados having fun and testing themselves by breaking programs--generally, on a power trip, Schneier said. "Throwing the book at these guys is the wrong thing to do," he added. The Customs Service, however, maintains that the problem is more serious. Responsible adults are said to be involved, not just students. And the techniques that the loose-knit community uses to ensure their security are advanced, said Customs Service spokesman Bell. "They communicate over really secure IRC channels; they have rules, certain ways that people can become members," he said. "They are competing against each other to see how fast they can copy a piece of software and get it up on their site." The Business Software Alliance (BSA), which represents the software industry's interest in Washington, D.C., agrees that warez sites are as big a threat as "true" pirates. "You could have a good debate over who is hurting the industry more," said Bob Kruger, vice president of enforcement for the BSA, which has estimated that the software companies lost $2.6 billion in 2000 to U.S.-based piracy. Although downloading programs from the Internet doesn't necessarily have a one-to-one correlation to lost sales, Kruger stresses that there is definitely harm suffered by the industry. "Whether it's 10, 20, or 50 percent, it is part of the marketplace," he said. "We worry a lot about the destruction of the marketplace on the Internet." From tompoe at renonevada.net Thu Dec 13 10:46:18 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Dmitry Headed for Infamy Message-ID: <01121310461800.03879@aether> Hi: The number of postings, today, ranging from discussion about the FBI's Magic Lantern, the DVDCCA's argument for "Trade Secret" protection, M$'s DRM OS patent, etc., along with someone's comment that the time has come to blend the various issues into one, brings me to want to share a thought. There are many issues raised by recent activity, both internally within governmental actions/legislation and externally through events that precipitate further actions/reactions [one clear example lying with the World Trade Center attack]. Underlying all of this, we must remind ourselves of what is taking place with regard to activity both here and abroad, surrounding a project called, Internet2. Recently, the Bush Admin announced a project called, "Govnet". My view is this is a "spin effort" to distract the Public from recognizing that they're actually talking about Internet2, a much more ambitious project, designed to change our world dramatically. Once Internet2 is in place, and fully operational, there will be two distinct Internets [ if not more ], "theirs" and "ours". All government-approved participants will have access to Internet2, and all others, i.e., the "commercial" interests will have access, albeit controlled access, to the "ours" Internet. Internet2 is a global scale network for all countries, through "approved" channels, of course. So, look into the future, and visualize what will be. Without reliance on "ours" Internet, the government would easily tax and regulate and control access of the "ours" Internet, not through DRM OS, but through connection methods. Period. They won't need no stinking Internet, as they have their own. The "ours" Internet will be ugly, to say the least. No access to research, political science knowledge base, no "free" communication. The issues are specific, but the PLAN cuts across all of them, and the designers are determined. What doesn't come clear from all of this, is just what is planned for Dmitry. Bottom line, though, this case will bring Dmitry to life far past his death. It's a shame on the one hand, but if it turns out, Britain does not become the GateKeeper for Europe, and Dmitry does win, the battle for those of us who value Freedom of Speech, will forever be indebted to Dmitry for his contributions. No time like the present to put the Dmitry Award to work, eh? Anyone care to model it for us? Just a thought, Tom From kfoss at planetpdf.com Thu Dec 13 13:32:31 2001 From: kfoss at planetpdf.com (Kurt Foss) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freed Dmitry going Home for the Holidays! Message-ID: from Planet PDF --> Freed Dmitry Sklyarov will be Home for the Holidays! New legal agreement offers near-acquittal, freedom to leave the U.S. http://www.planetpdf.com/mainpage.asp?webpageid=1787 rgds ~ Kurt ________________________________________ Kurt Foss | Editor, Planet PDF From neale at woozle.org Thu Dec 13 14:27:18 2001 From: neale at woozle.org (Neale Pickett) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Charges dropped? Message-ID: Sorry if this is old news... http://www.wired.com/news/politics/0,1283,49122,00.html SAN JOSE, California -- Charges will be dropped against a Russian computer programmer accused of violating copyrights on software made by Adobe Systems in exchange for his testimony in the trial of his company, a spokeswoman for the programmer said Thursday. From thumbtack1348 at home.com Thu Dec 13 14:57:23 2001 From: thumbtack1348 at home.com (Bill Evans) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Dmitry Reaches Agreement Message-ID: <3C193253.644DB450@home.com> This from the U.S. Att'y. in SFO: FOR IMMEDIATE RELEASE December 13, 2001 The United States Attorney's Office for the Northern District of California announced that Dmitry Sklyarov entered into an agreement this morning with the United States and admitted his conduct in a hearing before U.S. District Judge Whyte in San Jose Federal Court. Under the agreement, Mr. Sklyarov agreed to cooperate with the United States in its ongoing prosecution of Mr. Sklyarov's former employer, Elcomsoft Co., Ltd. Mr. Skylarov will be required to appear at trial and testify truthfully, and he will be deposed in the matter. For its part, the United States agreed to defer prosecution of Mr. Sklyarov until the conclusion of the case against Elcomsoft or for one year, whichever is longer. Mr. Sklyarov will be permitted to return to Russia in the meantime, but will be subject to the Court's supervision, including regularly reporting by telephone to the Pretrial Services Department. Mr. Sklyarov will be prohibited from violating any laws during the year, including copyright laws. The United States agreed that, if Mr. Sklyarov successfully completes the obligations in the agreement, it will dismiss the charges pending against him at the end of the year or when the case against Elcomsoft is complete. Mr. Sklyarov, 27, of Moscow, Russia, was indicted by a federal Grand Jury on August 28, 2001. He was charged with one count of conspiracy in violation of Title 18, United States Code, Section 371, and two counts of trafficking for gain in technology primarily designed to circumvent technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A), and two counts of trafficking for gain in technology marketed for use in circumventing technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A). In entering into the agreement with the government, Mr. Sklyarov was required to acknowledge his conduct in the offense. In the agreement, Mr. Sklyarov made the following admissions, which he also confirmed in federal court today: "Beginning on a date prior to June 20, 2001, and continuing through July 15, 2001, I was employed by the Russian software company, Elcomsoft Co. Ltd. (also known as Elcom Ltd.) (hereinafter "Elcomsoft") as a computer programmer and cryptanalyst. "Prior to June 20, 2001, I was aware Adobe Systems, Inc. ("Adobe") was a software company in the United States. I was also aware Adobe was the creator of the Adobe Portable Document Format ("PDF"), a computer file format for the publication and distribution of electronic documents. Prior to June 20, 2001, I knew Adobe distributed a program titled the Adobe Acrobat eBook Reader that provided technology for the reading of documents in an electronic format on personal computers. Prior to June 20, 2001, I was aware that documents distributed in the Adobe Acrobat eBook Reader format are PDF files and that specifications of PDF allow for limiting of certain operations, such as opening, editing, printing, or annotating. "Prior to June 20, 2001, as a part of my dissertation work and as part of my employment with Elcomsoft, I wrote a part of computer program titled the Advanced eBook Processor ("AEBPR"). I developed AEBPR as a practical application of my research for my dissertation and in order to demonstrate weaknesses in protection methods of PDF files. The only use of the AEBPR is to create an unprotected copy of an electronic document. Once a PDF file is decrypted with the AEBPR, a copy is no longer protected by encryption. This is all the AEBPR program does. "Prior to June 20, 2001, I believed that ElcomSoft planned to post the AEBPR program on the Internet on the company's website www.elcomsoft.com. I believed that the company would charge a fee for a license for the full version of the AEBPR that would allow access to all capabilities of the program. "After Adobe released a new version of the Adobe Acrobat eBook Reader that prevented the initial version of the AEBPR program from removing the limitations or restrictions on an e-book, I wrote software revisions for a new version of the AEBPR program. The new version again decrypted the e-document to which it was applied. The version of this new AEBPR program offered on the Elcomsoft website only decrypted a portion of an e-document to which it was applied, unless the user had already purchased a fully functional version of the earlier version and had both versions installed on the same machine. The new version was developed after June 29, 2001. At that time, Elcomsoft had already stopped selling the program. The version of this new program offered on the Elcomsoft website did not provide a user with an opportunity to purchase it or convert it to a fully functional one, and was developed as a matter of competition. "On July 15, 2001, as part of my employment with Elcomsoft, I attended the DEF CON Nine conference in Las Vegas, Nevada. At the conference I made a presentation originally intended for the BlackHat conference that immediately preceded the DefCon Nine in July 2001 in Las Vegas, Nevada. The same group of people organizes both BlackHat and DefCon Nine. Since there was no available slot for a presentation at BlackHat at the time when the paper was sent for the committee consideration, the organizers of both conferences suggested that the paper be presented at the DefCon rather than at BlackHat. The paper that I read at DefCon is attached as Exhibit A. A principal part of my presentation is comprised of my research for the dissertation. In my presentation when I said "we", I meant Elcomsoft." Mr. Sklyarov's employer, Elcomsoft, remains charged in the case, and the Court in that matter has set hearings for various motions on March 4, 2002, and April 1, 2002. The prosecution of Elcomsoft is the result of an investigation by the Federal Bureau of Investigation. Scott Frewing and Joseph Sullivan of the Computer Hacking and Intellectual Property ("CHIP") Unit are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of legal technician Lauri Gomez. A copy of this press release and key court documents filed in the case may also be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can . All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181 or Assistant U.S. Attorney Ross Nadel, Chief of the CHIP Unit, in San Jose at (408 From eaerme at newnorth.net Fri Dec 14 05:46:10 2001 From: eaerme at newnorth.net (Ernest A. Erickson) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freedom? Message-ID: <3C1A02A2.926FCB47@newnorth.net> Okay, "if" Dmitry is permitted to return to Russia; what is preventing him from just ignoring the U.S. charges once he's on his home soil? If the Russian government allows the U.S. to enter and remove a citizen of Russia without permission, will they hold the U.S. accountable for kidnapping, or "spying" at least? How does the U.S. government assume "power" in a land that is NOT under "their" control? What right exists simply by "court" order, or is it bigger than this? Dmitry has the upper hand I feel; he can claim "political refugee" status on his own land, plus the Russian government should NOT allow the U.S. entry to remove a citizen to "our" soil simply for what we all know to be a show trial to prove to the world how "we" are "the" power, and dare any nation to oppose this. If not "refugee", then certainly he's a pawn over the DMCA and should be guarded against any attempt the U.S. makes to force his removal from his own land by foreign operatives, namely, the F.B.I and company. Russia should take this as a threat to THEIR national security, as does the U.S. does over the 9.11.01 "incident". I wonder, just how far the U.S. would go to (re)capture Dmitry if the Russian government disallowed his indictment and ignored the complaint against Elcomsoft? What "right" does the "our" government think it has to indict, kidnap and file charges against a foreign national and company, and "assume" any right to imprison these people on their own home soil? Is this our own home-grown form of arrogance popping up once again? What's next; a "commando" raid on Dmitry's home by the F.B.I and the D.O.J.....*Is THIS not a form of terrorism as well?? We did it before with Noriega, we'll certainly do it again. This form of U.S. power MUST be put to a stop NOW, before it's too late, and we all wind up chained, jailed and imprisoned for whatever new law this nation shoves in our face! And we think China violates human rights.......LAUGH! Where's Amnesty Int'l now? I s this NOT a violation of a sovereign nation's rights as well? Did the entire WORLD become "Property of the U.S. government"? Okay folks, you can forget the Constitution; it's been rendered null and void by Bush and company! Turn in all firearms to your police or face prosecution....I mean WAR! *Once the first speech is censured, the first thought prohibited, chains us all irrevocably* ....Jean Luc Picard, Cpt. U.S.S Enterprise. Sound familiar people, because it's HAPPENING NOW, right HERE! Too bad a T.V show has to be used to illustrate a fact we ignore about our own dictatorship building right under our smug noses. And you though slavery was a "dead" issue.... From tom at lemuria.org Fri Dec 14 07:46:09 2001 From: tom at lemuria.org (Tom) Date: Fri Jul 8 22:09:29 2005 Subject: [free-sklyarov] Freedom? In-Reply-To: <3C1A02A2.926FCB47@newnorth.net>; from eaerme@newnorth.net on Fri, Dec 14, 2001 at 07:46:10AM -0600 References: <3C1A02A2.926FCB47@newnorth.net> Message-ID: <20011214164609.B17715@lemuria.org> On Fri, Dec 14, 2001 at 07:46:10AM -0600, Ernest A. Erickson wrote: > What "right" does the "our" government think it has > to indict, kidnap and file charges against a foreign national and > company, and "assume" any right to imprison these people on their own > home soil? the answer is: yes the US does, in fact, believe it has that right. there are provisions in US law to, for example, use military force to prevent US nationals to stand trial to the international warcrimes court. they also believe they can kidnap foreign nationals in foreign countries in order to bring them to US courts - there have been a few cases involving south american drug lords. -- http://web.lemuria.org/pubkey.html pub 1024D/D88D35A6 2001-11-14 Tom Vogt Key fingerprint = 276B B7BB E4D8 FCCE DB8F F965 310B 811A D88D 35A6 From ed at hintz.org Fri Dec 14 11:52:42 2001 From: ed at hintz.org (Edmund A. Hintz) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Freedom? Message-ID: <200112141952.fBEJqfJ25114@phil.hintz.org> On 12/14/01 5:46 AM, eaerme@newnorth.net thus spake: >Okay, "if" Dmitry is permitted to return to Russia; what is preventing >him from just ignoring the U.S. charges once he's on his home soil? While I agree with you that my gvmt is arrogantly applying extraterritoriality of it's (unconstitutional) law(s) to foreign nationals, and that this is, using Bushie's newly discovered word, "preposterous", I don't think the DOJ has much to worry about here. Very simply, from what I've seen, Dimtry is an honorable man, and will appear because he said he would. Unlike our elected officials, he is a man of his word; if he says he'll be there, then come hell or high water he'll be there. Perhaps the DOJ has realized this, or perhaps they simply want to find a way out without looking any stupider than they already do. Whichever the case may be, and I wouldn't lay bets on either one, is irrelevant. Dimtry goes home, as does his family, and he is released from these ridiculous accusations. While this starts to veer off topic, I am concerned for Alex K. in this situation. He too has a family in Moscow, and because he isn't as high profile as Dimitry, and because he is allowed to leave the US if desired, his family is unlikely to be granted a visa. So, if he can't afford to fly back and forth at the whims of the DOJ, he and his family lose out, and he becomes a de facto prisoner in this country. Again, a wholly inappropriate entity to challenge the constitutionality of the DMCA. Peace, Edmund A. Hintz **|** "You may say I'm a dreamer, Mac Techie, Unix Geek, * | * But I'm not the only one... Mac/Unix Consultant * /|\ * I hope someday you'll join us, */ | \* And the world will live as one. '78 Westy ***** Imagine." http://www.hintz.org From crism at maden.org Fri Dec 14 13:22:44 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Freedom? In-Reply-To: <3C1A02A2.926FCB47@newnorth.net> Message-ID: <5.1.0.14.0.20011214132030.00a953c0@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 At 05:46 14-12-2001, Ernest A. Erickson wrote: >Okay, "if" Dmitry is permitted to return to Russia; what is preventing >him from just ignoring the U.S. charges once he's on his home soil? He is currently out on a $50,000 bond posted by his employer. I don't know if that will be returned or not right now; I suspect not. Also, his testimony will possibly help Elcom; he is required to testify for the US, but plans to testify (to the same story) for both sides. He is still an Elcom employee and presumably has an interest in helping them keep their bond and their business. ~Chris - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPBpto6xS+CWv7FjaEQKgcACfa4s5CBGNpmq63gYdNd1dfxpTbmcAni+0 RNhQ5HZvwNcgEfx1Mqj8Ts/2 =Nuz6 -----END PGP SIGNATURE----- From dmarti at zgp.org Fri Dec 14 13:30:23 2001 From: dmarti at zgp.org (Don Marti) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] [danny@spesh.com: NTK now, 2001-12-14] Message-ID: <20011214133023.N32510@zgp.org> ----- Forwarded message from Danny O'Brien ----- _ _ _____ _ __ <*the* weekly high-tech sarcastic update for the uk> | \ | |_ _| |/ / _ __ __2001-12-14_ o join! mail an empty message to | \| | | | | ' / | '_ \ / _ \ \ /\ / / o ntknow-subscribe@lists.ntk.net | |\ | | | | . \ | | | | (_) \ v v / o website (+ archive) lives at: |_| \_| |_| |_|\_\|_| |_|\___/ \_/\_/ o http://www.ntk.net/ ...snip... >> HARD NEWS << news you'd rather lose They said that a bunch of geeks waving placards would do nothing to free DMITRY SKYLAROV. And they said that whining about obscure Net-torturing provisions in already drafted legislation would change nothing. And we believed them, too. It's lucky that other people are more foolishly optimistic than that. After all, it'd be fair to claim that adverse publicity of the Skylarov case contributed heavily to everyone's DMCA poster-boy being released yesterday: especially Adobe's boycott-prompted wish that Dmitry's prosecution be dropped. And while UK government defeats during the final stages of legislation are almost unheard of, the data retention clause in the Anti-Terrorism Act was one of the few to get shot down. Out goes the condition that ISP logs can be kept and examined for detecting any crime. Now, as heavily lobbied by those "aery-faery" and naive civil libertarians, it has to be proper *terrorist* crime. Mr Blunkett, in conceding the amendment, commented that the logs would have to be kept anyway, to see whether they were terrorists or not, and "that is how stupid the Liberal Democrats [and their Tory supporters, presumably] are." Let's see how stupid the human rights judges, and the Data Protection folk are when they get to work on this. Meanwhile, here's to another year of stupid protestors and their clearly impossible victories. http://makeashorterlink.com/?N1B025B3 - the day's Hansard": search, as ever, for 'stupid' http://www.eff.org/IP/DMCA/US_v_Sklyarov/20011213_eff_pr.html - putting the free into eff ...snip... Copying is fine, but include URL: http://www.ntk.net/ Tips, news and gossip to tips@spesh.com All communication is for publication, unless you beg. Press releases from naive PR people to pr@spesh.com Remember: Your work email may be monitored if sending sensitive material. Sending >500KB attachments is forbidden by the Geneva Convention. Your country may be at risk if you fail to comply. ----- End forwarded message ----- -- Don Marti What do we want? Free Dmitry! When do we want it? Now! http://zgp.org/~dmarti dmarti@zgp.org Free the web, burn all GIFs. KG6INA http://burnallgifs.org/ From crism at maden.org Fri Dec 14 22:37:45 2001 From: crism at maden.org (Christopher R. Maden) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] SF Chronicle coverage Message-ID: <5.1.0.14.0.20011214223553.00a524d0@mail.maden.org> -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 indicates that the charges will be dropped, *according to the USANDOCA*. Their earlier press release hadn't mentioned that, I don't think. This article also features an utterly terrible picture of Dmitry. )-: ~crism - -- Libertarian candidate, California State Assembly, District 13 Free Sklyarov: Freelance text nerd: PGP Fingerprint: BBA6 4085 DED0 E176 D6D4 5DFC AC52 F825 AFEC 58DA -----BEGIN PGP SIGNATURE----- Version: PGP Personal Privacy 6.5.8 iQA/AwUBPBrvuaxS+CWv7FjaEQLiwwCfWuFzRr13mMh5L3sCI47U3XCmJnYAmwSN 2ElNRMLkJO4gEJOD/0zf+0nX =Ghx7 -----END PGP SIGNATURE----- From sethf at sethf.com Sat Dec 15 19:37:40 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Fwd: [rms@gnu.org: Continuing the fight] Message-ID: <20011215223740.A13272@sethf.com> ----- Forwarded message from Richard Stallman ----- From: Richard Stallman To: dmitry-plan@eff.org, dmitry-boston@lesser-magoo.lcs.mit.edu cc: dmarti@zgp.org, cananian@lesser-magoo.lcs.mit.edu, gnu@toad.com cc: poole@allseer.com, kmself@ix.netcom.com Subject: [DMITRY-BOSTON] Continuing the fight Date: Fri, 14 Dec 2001 23:36:46 -0700 (MST) Dmitry Sklyarov is safe from the DMCA, but Americans are not. We must not lose the impetus that his case provided. The dropping of charges against Sklyarov is a good thing, but we must not think of it as our victory, because we did not win it. Rather, it is largesse from powers that feel completely triumphant. They believe that their successes in court, together with the example presented by Sklyarov's treatment so far, make their dominion so strong that nothing can challenge it. It is up to us to change this state of affairs. In general, we should focus on Adobe and the other corporations that paid for and use the DMCA, not on the FBI and DOJ which are merely their servants. The DMCA is a weapon; those who choose to use it against the public should be held morally responsible for their decision to do so. Sklyarov must have large legal expenses, and expenses for his unintended stay in the US. These represent an injury that was done to him by Adobe. We should demand that Adobe compensate him for this injury, and promise they will never do to anyone else what they did to him. Until they do, we should picket their offices and urge the public to refuse to do business with them. In cities where there is an active group of protestors but no important Adobe presence, we can picket publishing companies that issue Adobe ebooks. Or other companies that in some way menace us with the DMCA, such as movie companies or record companies. Or legislators such as Barney Frank who supported the DMCA. It might be useful for someone to find a schedule of Pat Schroeder's public appearances--or ask the public to be on the lookout for them. She gave a speech in the Boston area in October, a campaign appearance for a candidate, and I was mailed a letter about it; unfortunately I was travelling and did not see the letter until too late. If her friends find that her support brings a protest, she may find herself a less valued acquaintance. _______________________________________________ dmitry-boston mailing list dmitry-boston@lm.lcs.mit.edu http://lm.lcs.mit.edu/mailman/listinfo.cgi/dmitry-boston ----- End forwarded message ----- -- Seth Finkelstein Consulting Programmer sethf@sethf.com http://sethf.com http://archive.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 From sethf at sethf.com Sat Dec 15 21:00:01 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112150636.fBF6akM01854@aztec.santafe.edu>; from rms@gnu.org on Fri, Dec 14, 2001 at 11:36:46PM -0700 References: <200112150636.fBF6akM01854@aztec.santafe.edu> Message-ID: <20011216000001.A13534@sethf.com> On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: > The dropping of charges against Sklyarov is a good thing, but we must > not think of it as our victory, because we did not win it. Rather, it > is largesse from powers that feel completely triumphant. They believe > that their successes in court, together with the example presented by > Sklyarov's treatment so far, make their dominion so strong that > nothing can challenge it. Indeed. I concur, but from a slightly different analysis. Arguably, this isn't even "largesse". The dismissing of charges is based on Sklyarov's agreement to "cooperate with the United States in its ongoing prosecution ...". It seems that overall, Adobe and DMCA advocates will get the best of both worlds. With Sklyarov's testimony, they're set to establish a strong DMCA court decision. Given the prior jailing of Sklyarov, they've already intimidated people. Dropping the charges against him personaly in returns for testimony helping to win the case, and establish law, is a logical maneuver. This is not to breath a word, in any way, shape, or form, against whatever Sklyarov did to obtain his freedom. He's suffered much. But freedom for Sklyarov isn't the same as freedom from the DMCA. That's important to keep in mind in the outcome. Here's something I wrote today for a law and policy discussion list: [Regarding http://www.usdoj.gov/usao/can/press/html/2001_12_13_sklyarov.html ] Date: Sat, 15 Dec 2001 14:22:42 -0500 From: Seth Finkelstein Subject: Re: DOJ press release on Dmitry Sklyarov deal I was just pondering the Sklyarov plea bargain, and the implications thereof. It's edifying to note just how the "agreement" matches up with the DMCA provisions: [ http://www4.law.cornell.edu/uscode/17/1201.html ] U.S. Department of Justice wrote: > In the agreement, Mr. Sklyarov made the following admissions, ... > "Prior to June 20, 2001, as a part of my dissertation work and as > part of my employment with Elcomsoft, I wrote a part of computer > program titled the Advanced eBook Processor ("AEBPR"). I developed > AEBPR as a practical application of my research for my dissertation > and in order to demonstrate weaknesses in protection methods of PDF > files. The only use of the AEBPR is to create an unprotected copy of > an electronic document. 1201(b)(1): o (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; > Once a PDF file is decrypted with the AEBPR, a copy is no longer > protected by encryption. This is all the AEBPR program does. o (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or > "Prior to June 20, 2001, I believed that ElcomSoft planned to post > the AEBPR program on the Internet on the company's website > www.elcomsoft.com. I believed that the company would charge a fee > for a license for the full version of the AEBPR that would allow > access to all capabilities of the program. ... Thought: As I read it, the DOJ essentially has Sklyarov testifying himself that his program violates the DMCA. And it doesn't seem hard to legally establish that ElcomSoft "conspired" with him. Does Adobe come out the big winner here? They've already put the fear of the DMCA into programmers via the arrest and jailing of Sklyarov. With a plea-bargain for Sklyarov, almost all of the _cause celebre_ aspect of the case is gone. But the chances for having a strong court decision in favor of the DMCA seem increased. None of this should be read AT ALL as a criticism of the plea-bargain. I know better than almost anyone the pressures which can be brought to bear on a programmer. I'm only wondering what this all means. -- Seth Finkelstein Consulting Programmer sethf@sethf.com 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 From mrussotto at speakeasy.net Sat Dec 15 23:02:25 2001 From: mrussotto at speakeasy.net (Matthew T. Russotto) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216000001.A13534@sethf.com> Message-ID: On Sunday, December 16, 2001, at 12:00 AM, Seth Finkelstein wrote: > On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: >> The dropping of charges against Sklyarov is a good thing, but we must >> not think of it as our victory, because we did not win it. Rather, it >> is largesse from powers that feel completely triumphant. They believe >> that their successes in court, together with the example presented by >> Sklyarov's treatment so far, make their dominion so strong that >> nothing can challenge it. > > Indeed. I concur, but from a slightly different analysis. > Arguably, this isn't even "largesse". The dismissing of charges is > based on Sklyarov's agreement to "cooperate with the United States in > its ongoing prosecution ...". It seems that overall, Adobe and DMCA > advocates will get the best of both worlds. With Sklyarov's testimony, > they're set to establish a strong DMCA court decision. Given the > prior jailing of Sklyarov, they've already intimidated people. > Dropping the charges against him personaly in returns for testimony > helping to win the case, and establish law, is a logical maneuver. These were my remarks on the subject, which didn't get posted owing to some confusion with my e-mail address: Yep, the government has gotten all it can by prosecuting Dmitry -- namely terrorizing (and I do not use that word lightly -- facing several years in federal prison can be quite terror-inducing) programmers and others into DMCA compliance. So it's no harm to them to release him. Now that they've had the DMCA backed up legally by the 2nd Circuit, they can seal their victory with a successful prosecution (and probable appeal) of Elcomsoft in the 9th Circuit (home of the movie studios). If they can get the Supreme Court to deny cert (probably not hard, with no conflict between circuits), we're finished. Stay in Russia, Dmitry. What you do is likely to be illegal everywhere else for the forseeable future. If I had any talent for (human) languages, I'd consider a move myself. From sacraver at EE.Princeton.EDU Sun Dec 16 00:31:36 2001 From: sacraver at EE.Princeton.EDU (Xcott Craver) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <20011216000001.A13534@sethf.com> Message-ID: On Sun, 16 Dec 2001, Seth Finkelstein wrote: > On Fri, Dec 14, 2001 at 11:36:46PM -0700, Richard Stallman wrote: > > The dropping of charges against Sklyarov is a good thing, but we must > > not think of it as our victory, because we did not win it. Rather, it > > is largesse from powers that feel completely triumphant. Hmm. While I don't want to jump to conclusions about who made this happen, I'd like to suggest that the free-Dmitry response was very effective. It took people by surprise (myself included: I was at a conference, retired to my hotel room, turned on the TV and the first thing I saw was all you guys on CNN. It was a real Mr.-Pibb-spitting moment.) In fact, to answer the question "gee, what do we do now?" I'd like to suggest we take a step back and analyze what the activists did, how they did it, so we can use that wisdom for the next time something like this happens. Also: > Indeed. I concur, but from a slightly different analysis. > Arguably, this isn't even "largesse". The dismissing of charges is > based on Sklyarov's agreement to "cooperate with the United States in > its ongoing prosecution ...". It seems that overall, Adobe and DMCA > advocates will get the best of both worlds. I'd like to suggest a different POV: since Dmitry's going to testify for Elcomsoft anyways, I don't see how helpful his cooperation really is. Rather, I think this agreement is just face-saving on the part of the gov't. Rather than just dropping the charges, they're dismissing it in exchange for some token assistance that will amount to Dmitry stating what he'd say anyways: that he wrote the program, and that it does circumvent an access-control mechanism. -Xcott From wiljan at pobox.com Sun Dec 16 06:11:23 2001 From: wiljan at pobox.com (Will Janoschka) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight Message-ID: <200112161439.IAA000.49@cressida.nereid.ar-digit.net> On Sun, 16 Dec 2001 03:31:36 Xcott Craver said: > Hmm. While I don't want to jump to conclusions about who made > this happen, I'd like to suggest that the free-Dmitry response was very > effective. It took people by surprise (myself included: I was at a > conference, retired to my hotel room, turned on the TV and the first thing > I saw was all you guys on CNN. It was a real Mr.-Pibb-spitting moment.) Yes and further, as Richard Stallman said on Friday: > It is up to us to change this state of affairs. In general, we should >focus on Adobe and the other corporations that paid for and use the >DMCA, not on the FBI and DOJ which are merely their servants. The >DMCA is a weapon; those who choose to use it against the public should >be held morally responsible for their decision to do so. Specifically: Bruce Chizen President, Director, CEO Adobe John Warnock Co-Chairman Adobe Charles Geschke Co-Chairman Adobe These are the individuals that could have had Dmitry home last July. Instead they thought it would be fun to play with Dmitry, Adobe's reputation, and the money of Adobe's stockholders. If there were justice in America, these such persons would be spending Christmas in a cardboard box under the freeway overpass. -will- From sethf at sethf.com Sun Dec 16 07:23:39 2001 From: sethf at sethf.com (Seth Finkelstein) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: ; from sacraver@EE.Princeton.EDU on Sun, Dec 16, 2001 at 03:31:36AM -0500 References: <20011216000001.A13534@sethf.com> Message-ID: <20011216102339.A20340@sethf.com> On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: > I'd like to suggest a different POV: since Dmitry's going > to testify for Elcomsoft anyways, I don't see how helpful his cooperation > really is. Rather, I think this agreement is just face-saving on the > part of the gov't. Rather than just dropping the charges, they're > dismissing it in exchange for some token assistance that will amount to > Dmitry stating what he'd say anyways: that he wrote the program, and that > it does circumvent an access-control mechanism. Although I'm not a lawyer, as I went through the agreement, it appeared he basically had to admit guilt on all counts. It seemed like the language of the agreement had him establishing each element of the charges. I don't think that was he was planning to do that in the first place. ... How can this be just face-saving on the part of the government? I think maybe we did win a victory, but perhaps a much smaller and different victory than one might imagine at first glance. What happened here? Although I'd probably be a more popular fellow if I joined a cheering chorus (okay, one cheer - yay!), I just can't buy that the mighty power of progammerdom caused the government to drop the charges in a face-saving measure. It'd be nice to believe that, but it's too much, in my view. What might be the situation was a move of the case strategy from 1) Crucify Dmitry and Elcomsoft in the process of winning the DMCA case to 2) Let Dmitry off the hook in return for testimony to win the DMCA case That is, the victory was that the prosecutors may have been convinced that overall, it was better to use him to help build the DMCA case than to make him suffer personally. Again, there's nothing at all wrong with that outcome. It's important to remember that a defense attorney's duty is get the best deal for their client, not win political causes. But there can be conflicts in outcome here. In sum: This was a victory for the treatment of Dmitry Sklyarov. That's good. But that's not the same at all, in any sense, as a DMCA victory. Those are very different, and shouldn't be confused. In fact, this might just be a switch in the government and Adobe's DMCA strategy. -- Seth Finkelstein Consulting Programmer sethf@sethf.com 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 From tompoe at renonevada.net Sun Dec 16 11:49:26 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight Message-ID: <01121611492600.21748@aether> Hi: This is a kinder, gentler administration, eh? Go home, Dmitry, and thank you. Well, back to the issues. The DMCA is intended to protect copyrights, and ElcomSoft threatens such notions. How can Adobe provide its clients protection without the DMCA's big hammer, right, wrong, or otherwise? Attacking those who would abuse Adobe's claims to document protection applications is a lot easier than creating a product that WORKS! Adobe simply exhibits complete disdain for the rights of individuals, and the Bush administration "understands" such deplorable conduct is desirable in the pursuit of economic superiority. After all, that's what business is all about, eh? Just a thought Tom From junger at samsara.law.cwru.edu Sun Dec 16 12:00:53 2001 From: junger at samsara.law.cwru.edu (Peter D. Junger) Date: Fri Jul 8 22:09:30 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: Your message of "Sun, 16 Dec 2001 10:23:39 EST." <20011216102339.A20340@sethf.com> Message-ID: <200112162000.fBGK0ro26871@samsara.law.cwru.edu> Seth Finkelstein writes: : On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: : > I'd like to suggest a different POV: since Dmitry's going : > to testify for Elcomsoft anyways, I don't see how helpful his cooperation : > really is. Rather, I think this agreement is just face-saving on the : > part of the gov't. Rather than just dropping the charges, they're : > dismissing it in exchange for some token assistance that will amount to : > Dmitry stating what he'd say anyways: that he wrote the program, and that : > it does circumvent an access-control mechanism. : : Although I'm not a lawyer, as I went through the agreement, it : appeared he basically had to admit guilt on all counts. It seemed like : the language of the agreement had him establishing each element of the : charges. I don't think that was he was planning to do that in the : first place. ... How can this be just face-saving on the part of the : government? There is no admission of guilt there. There is just a statement of facts. Nobody is disputing that those are the facts. The key point that is not mentioned is that any acts of Dmitry's that might arguably violate the DMCA occurred outside of the United States. When one adds that fact there is no admission of guilt---especially since the acts of both Dmitry and Elcomsoft should be protected by the First Amendment. -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH EMAIL: junger@samsara.law.cwru.edu URL: http://samsara.law.cwru.edu NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists From tompoe at renonevada.net Sun Dec 16 15:21:56 2001 From: tompoe at renonevada.net (tom poe) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Fwd: Your Amazon.com Inquiry Message-ID: <01121615215601.22369@aether> ---------- Forwarded Message ---------- Subject: Your Amazon.com Inquiry Date: Sun, 16 Dec 2001 13:32:59 -0800 From: info@amazon.com To: tompoe@renonevada.net Hello from Amazon.com. It appears that your message below may have been intended for someone other than Amazon.com and was inadvertently sent to us. Please note that you will need to send a separate message to the correct e-mail address. We hope to see you again soon at Amazon.com. Best wishes for the holidays, Neil W. http://www.amazon.com Did you know Amazon.com has DVD players for as low as $99.99? Check out http://www.amazon.com/dvdplayers ============================== Check your order and more: http://www.amazon.com/your-account Questions? We have your answers! http://www.amazon.com/help We would appreciate your feedback on our customer service. Follow the link below if you would like to let us know how we are doing - your input is invaluable! http://www.amazon.com/exec/obidos/tg/cs-experience-survey/-/jnyxrea >Date: Sun Dec 16 11:49:46 PST 2001 >Subject: Re: [free-sklyarov] Re: Continuing the fight >To: free-sklyarov@zork.net >From: tompoe@renonevada.net > >Hi: This is a kinder, gentler administration, eh? Go home, Dmitry, and >thank you. > >Well, back to the issues. The DMCA is intended to protect copyrights, and >ElcomSoft threatens such notions. How can Adobe provide its clients >protection without the DMCA's big hammer, right, wrong, or otherwise? > >Attacking those who would abuse Adobe's claims to document protection >applications is a lot easier than creating a product that WORKS! Adobe >simply exhibits complete disdain for the rights of individuals, and the Bush >administration "understands" such deplorable conduct is desirable in the >pursuit of economic superiority. After all, that's what business is all >about, eh? Just a thought Tom > >_______________________________________________ >free-sklyarov mailing list >free-sklyarov@zork.net >http://zork.net/mailman/listinfo/free-sklyarov ------------------------------------------------------- From ruben at mrbrklyn.com Sun Dec 16 16:00:56 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <01121611492600.21748@aether>; from tompoe@renonevada.net on Sun, Dec 16, 2001 at 14:49:26 -0500 References: <01121611492600.21748@aether> Message-ID: <20011216190056.E2336@www2.mrbrklyn.com> >> ElcomSoft threatens such notions. How can Adobe provide its clients >> protection without the DMCA's big hammer, right, wrong, or otherwise? >> Why should Abode be allowed to. I propose the Fair Use act of 2002 which mandates that all digital works be protected by guaranteeing the right of individuals to freely copy the works on digital systems, and and guaranteeing individuals rights to share the informaiton in the normal course of their life for non-comercial purposes. Further it would guarantee all other property rights of the media to the owner of the media upon which the information rests, making it illegal to lease, rent or otherwise distribute information to others in any other comercial transaction other than a permanent sale and transfer of all rights accept copyright to the purchaser and his/or her decendents.... forever. I also call it the Anti-Orwelian act of 2002. Ruben -- __________________________ Brooklyn Linux Solutions __________________________ http://www.mrbrklyn.com - Consulting http://www.brooklynonline.com - For the love of Brooklyn http://www.nylxs.com - Leadership Development in Free Software http://www.nyfairuse.org - The foundation of Democracy http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net http://www2.mrbrklyn.com/mp3/hooked.mp3 - Spring is coming.... http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... 1-718-382-5752 From ruben at mrbrklyn.com Sun Dec 16 16:07:37 2001 From: ruben at mrbrklyn.com (Ruben Safir) Date: Fri Jul 8 22:09:31 2005 Subject: [free-sklyarov] Re: Continuing the fight In-Reply-To: <200112162000.fBGK0ro26871@samsara.law.cwru.edu>; from junger@samsara.law.cwru.edu on Sun, Dec 16, 2001 at 15:00:53 -0500 References: <20011216102339.A20340@sethf.com> <200112162000.fBGK0ro26871@samsara.law.cwru.edu> Message-ID: <20011216190737.G2336@www2.mrbrklyn.com> On 2001.12.16 15:00:53 -0500 Peter D. Junger wrote: >> Seth Finkelstein writes: >> >> : On Sun, Dec 16, 2001 at 03:31:36AM -0500, Xcott Craver wrote: >> : > I'd like to suggest a different POV: since Dmitry's going >> : > to testify for Elcomsoft anyways, I don't see how helpful his >> cooperation >> There is no admission of guilt there. Nonsense. People found innocent by courts are not put on probation, nor are they subject to plea bargins. Clearly the court accepted the admitions as proof of guilt.... and you know what, I dare you to find under the DMCA as it's being interpreted how the court is wrong. If the court found the DMCA unconstitutional, or Dmitry not subject to it's jurisdictions, he would have just walked...period He didn't. He's on probation and has to contact the Court regularly. >> The key >> point that is not mentioned is that any acts of Dmitry's that might >> arguably violate the DMCA occurred outside of the United States. It doesn't matter, DMITRY DID TRAFFIC IN DMCA PROTECTED MATERIAL in the good ole USA at Defcon. >> When one adds that fact there is no admission of guilt So then why is he on probation....