Re: BXA Meet in Portland OR

John Young wrote to Alan Olsen:
>
>>I am going to try very hard to be there.  It claims that statements will
>>be taken on the EAR.  Anyone want to help write a statement to be read to
>>the commitee?
>
>An excellent start would be Adam Shostack's questioning of the
>legal authority for the feds to restrict publishing. See his Tom Paine
>taunt in Peter Wayner's NYT report yesterday, and as posted here.
>
>Declaring yourself to be a cpunk, well, can you get a hearing at a
>hearing of closed EARs any better way?

There's a small mountain of info available on the EAR, Wassenaar, and
the unfolding crypto regs, providing anyone wants to consult it.

Michael Foomkin has reviewed the legal gounds for continuing the
"national emergency" undergirding the repeatedly extended period
for not legislating up-to-date export regulations. To put off the fight
to pass a new law, every August, as done a few days ago
(http://jya.com/eo081997.txt), the presiding president issues an 
executive order under the International Emergency Economic Power Act
(IEEPA) extending the national emergency initially declared 
during what appeared to be a genuine national threat decades ago.

It is these series of orders that legalize the EARs, and a lot more,
so I read, beyond our decryption of the state/mil/com multi-level DMS.

See Michael's site for more on IEEPA and much more A-1 crypto-legal 
stuff at:

   http://www.law.miami.edu/~froomkin/froomkin.html

We've documented some of the more recent EAR shenanigans on 
our site at:

   http://jya.com/eartoc.htm

Similarly, background and foreground on the status of BXA 
implementation of the Wassenaar Arrangement, to be discussed 
at the Portland meet, is available on Greg Broiles site at:

   http://www.parrhesia.com

And at our site at:

   http://jya.com/wa/watoc.htm

BXA has written me that the bureau expects to issue regulations
implementing Wassenaar "this summer," international-oriented 
regs which will cover the full spectrum of dual-use and militarily 
critical technologies.The current draft CCL regs circulating for 
domestic applications seems to part of an orchestrated campaign
to address all export issues -- domestic and international -- at 
once, using one to leverage the other.

Something similar appears to be taking place worldwide. See
Bert-Jaap Koop's ever-changing survey of world crypto law at:

   http://cwis.kub.nl/~frw/people/koops/jenc8bjk.htm

Even so, it'll be hard to wade through all this e-paper pile before 
the meet, and probably would not be effective anyway, for the
meet's sponsors know all that and couldn't give a shit. A heavy-metal 
instrument is needed to turn their attention away from impenetrable
legal and military  and NDA-commercial protection. 

Now we turn the target-finder over to Mr. Tim May and those 
anonymees worldwide who wish to ... lock and load, wait, not guns,
even more powerful munitions to penetrate through thick skulls
who are convinced they're the smartest bastards on earth with
the biggest CPUs run by tiniest algos to prove it.

John [please keep this private, OK?],

Your spilling the beans about my work on stuff a lot more powerful than
ordinary munitions is possibly dangerous to our work.

You said:

At 9:22 AM -0700 8/25/97, John Young wrote:

>Now we turn the target-finder over to Mr. Tim May and those
>anonymees worldwide who wish to ... lock and load, wait, not guns,
>even more powerful munitions to penetrate through thick skulls
>who are convinced they're the smartest bastards on earth with
>the biggest CPUs run by tiniest algos to prove it.

These even more powerful munitions are not quite ready for distribution or
use, yet. I contacted via Blacknet one of the main developers of  SBER
(Synthetic Bond Energy Release) pyrophoric explosives, and he/she is
willing to sell what the Lab has developed for a bit more than what the
Russkies, practically starving down there at the SBER facility in
Yukutzagorodok. It's certainly a lot easier driving over the hill than
making the run through TJ to Ankara and then up to Yukutz, even with the
new passport.

Those "bunker busters" will be a valuable addition to our arsenal. Sort of
make McVeigh look like a weenie.

But the guy at the Lab is talking about leaving and working for one of the
Valley companies, just as you so presciently described, so we have to move
fast.

I think modelling our efforts after the "DES Crack" could help raise the
funds needed to buy this technology. We could call it the "White House
Crack."

--


There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."

Subject: Lab willing to sell "bunker buster" technology
  Date: Mon, 25 Aug 1997 11:52:58 -0700
  From: Tim May <tcmay@got.net>
    To: John Young <jya@pipeline.com>
    CC: cypherpunks@toad.com
   *^^^*

John [please keep this private, OK?],

Your spilling the beans about my work on stuff a lot more powerful than
ordinary munitions is possibly dangerous to our work.
~-~-~-~            ~-~-~-~              ~-~-~-~           ~-~-~-~

Alec,
 Great work. I had given up on the "CC: Trojan" as unworkable, but I see
that you finally got the mail routers to accept the code changes.
 Now that we have the ability to CC: everyone's email to any destination
we choose, things ought to get pretty interesting. Pretty soon, no one
except you and I will have any secrets left--everyone's online life
will be an open book.
  (You did do the bug fix that keeps *our* messages from being CC:'ed,
didn't you?)

  I decoded the stego in the Eternity Server logo, and have decided
that it is too dangerous to let Adam Back continue to live. Should
we use poison, like we did with Dale Thorn, or should we have Bianca
fuck him to death?

  BTW, I think your suggestion that we encrypt our private emails is
ridiculous. That may be a fine idea for newbies and losers, but when
you are a master of technology and deception such as myself, there is
no danger, as long as you avoid stupid mistakes.

Toto
"The Xenix Chainsaw Massacre"
http://bureau42.base.org/public/xenix
"WebWorld & the Mythical Circle of Eunuchs"
http://bureau42.base.org/public/webworld
"The Final Frontier"
http://www3.sk.sympatico.ca/carljohn

We discussed the IEEPA issues to some extent in our briefs in Bernstein as
well, in case anyone cares.  The gov't also discussed them, opposing our
position.  I don't keep track of which briefs are on the EFF website, but I
assume they're both up now.

Lee Tien

At 8:22 AM -0800 8/25/97, John Young wrote:
[snip]
>
>Michael Foomkin has reviewed the legal gounds for continuing the
>"national emergency" undergirding the repeatedly extended period
>for not legislating up-to-date export regulations. To put off the fight
>to pass a new law, every August, as done a few days ago
>(http://jya.com/eo081997.txt), the presiding president issues an
>executive order under the International Emergency Economic Power Act
>(IEEPA) extending the national emergency initially declared
>during what appeared to be a genuine national threat decades ago.
>
>It is these series of orders that legalize the EARs, and a lot more,
>so I read, beyond our decryption of the state/mil/com multi-level DMS.
>
>See Michael's site for more on IEEPA and much more A-1 crypto-legal
>stuff at:
>
>   http://www.law.miami.edu/~froomkin/froomkin.html
>