Copyright 1996 Shelley Thomson; all rights reserved.
Mail, articles and comment may be directed to email@example.com. Netiquette will be observed with all communication, except for the following: harassing or threatening mail will be posted to the net immediately.
Table of Contents for Biased Journalism.
Exerpts are presented below. We call the reader's attention to the enemies list and to item 41.
We compared this list with the list given to Grady Ward and noticed the appearance of two new names: Mike Godwin (of the EFF) and Deirdre Malloy (former church member).
DOCUMENTS AND THINGS TO BE PRODUCED
1. All copies of NED for OTs Series 34 which you posted to the Internet on March 29, 1996 under the header attached hereto as Exhibit 1, whether in hard copy or electronic form.
2. All copies of NED for OTs Series 34 which you delivered to anyone at the United States District Court in San Jose, California or to anyone else, whether in hard copy or electronic form.
3. Any and all documents relating to posting, reproduction, distribution, or display of works of L. Ron Hubbard, including but not limited to, the Works.
4. Any and all documents relating to your solicitation from others of copies of works of L. Ron Hubbard, including but not limited to, the Works.
5. All documents which you have received as a result of your solicitation of NOTs materials, OT materials, or other Scientology materials.
6. All documents relating to posting of Scientology materials on the Internet, including without limitation, ftp sites, web sites, or newsgroups.
7. Any and all documents relating to acquisition of any Advanced Technology documents.
8. Any and all document relating to the identity of any individual who has posted any of the Advanced Technology to the Internet, either under that person's own name or via an anonymous remailer.
9. Any and all documents relating to the licensing or customer agreement between you and any Internet access provider.
10. Any and all documents regarding Netcom On-Line Communication Services, Inc. or any other Internet access provider warning you regarding the posting of copyrighted materials on the Internet or any other activity by you through that access provider's facilities.
11. Any and all documents relating to Netcom On-Line Communication Services, Inc. or any other Internet access provider taking disciplinary action against you regarding the posting of copyrighted materials on the Internet or any other activity by you through that access provider's facilities.
12. Any and all documents relating to postings made by you, whether under you own name, a pseudonym, or anonymously to the USENET newsgroups entitled alt.religion.scientology, alt.2600, alt.activism, comp.org.eff.talk, alt.conspiracy, alt.memetics or any other newsgroup.
13. Any and all documents relating to the posting of Advanced Technology documents to the USENET newsgroup entitled alt.religion.scientology, including, without limitation, copies of such postings or discussions of such postings, whether actual or planned.
14. Any and all documents relating to postings of Advanced Technology materials, including, but not limited to, actual postings or discussions of such postings, whether actual or planned, made through the following servers:
15. Any and all documents relating to the identity of Scamizdat.
16. Any and all documents relating to posting by Scamizdat on the Internet.
17. Any and all documents relating to confidentiality agreements pertaining to the Works.
18. Any and all documents relating to Scamizdat participants.
19. Any and all documents relating to communications with the following individuals relating to the Advanced Technology:
a. Alex Dejoode
b. Dennis Erlich
c. Steven Fishman
d. Mike Godwin
e. Johan Helsingius
f. Jeff Jacobsen
g. Tom Klemesrud
h. Arnaldo Lerma
i. Dierdre Malloy
j. Peter Mante
k. Ron Neuman
l. Robert Penny
m. Felipe Rodriquez
n. Karin Spaink
o. Shari Steele
p. Shelly Thomson
q. David Touretzky
r. Grady Ward
s. Lawrence Wollersheim
20. Any and all documents relating to postings made through the following servers:
21. All documents relating to communications between you and anyone regarding your posting of works by or alleged to be by L. Ron Hubbard, whether under your own name, a pseudonym, or anonymously, including, but not limited to, discussions prior to or following such postings.
22. All documents discussing your scanning of any writings by L. Ron Hubbard, including transcripts of any audio or video taped materials, or any other materials related to the Church of Scientology, onto your computer.
23. All documents showing the name, address, and telephone number of anyone to whom you have sent Advanced Technology materials.
24. All documents showing the name, address, and telephone number of anyone who has sent Advanced Technology materials to you.
25. All documents which you have received as a result of your Solicitation of NOTs materials, OT materials, or other Scientology materials.
26. All documents relating to communications you have received from or sent to any representative of Religious Technology Center or any Church of Scientology, including any attorney acting on its behalf.
27. All documents relating to telephone records from January 1, 1994 to the present.
28. All documents relating to any works which you have written.
29. All documents relating to patents you own.
30. All documents relating to actions you have taken to protect any patents which you own.
31. All documents relating to your lawsuit against Riverside County.
32. All documents relating to methods for making anonymous postings to newsgroups.
33. All tapes which you have made of telephone calls from anyone representing plaintiff or anyone who you believed was affiliated with plaintiff.
34. All documents relating to your intention "to break the CoS" as mentioned in your posting to alt.religion.scientology and alt.slack on August 6, 1995, Exhibit 2 hereto.
35. All documents relating to or explaining the statement in your posting to alt.religion.scientology on August 13, 1995, that you "love the smell of gunpowder drifting on the morning breeze," Exhibit 3 hereto.
36. All documents relating to "the unspoken consensis [sic] game plan--goading the -CoS into actions which will outrage an ever larger number of people," as stated in your posting to alt.religion.scientology, comp.org.eff.talk of August 14, 1995, Exhibit 4 hereto.
37. All documents relating to "[s]mashing the CoS" and "heavy sea changes in the social fabric" as referenced in your posting to alt.religion.scientology on September 8, 1995, Exhibit 5 hereto.
38. All documents relating to "total destruction of the CoS at the hands of the net," as referenced in your posting to alt.religion.scientology on September 14, 1995, Exhibit 6 hereto.
39. All documents relating to the statement in your posting to alt.religion. scientology on October 5, 1995, Exhibit 7 hereto, that "I am not advocating violence, but if the cult is not brought into line by legal forces, other will come into play."
40. All documents on which you base the statement in your posting of October 9, 1995, to alt.religion.scientology, Exhibit 8 hereto, that you "know that some places the cops are looking for an excuse to go in."
41. All documents relating to a group known as "ARSCC," as referred to in your postings.
"Like music and mathematical equations, computer language is just that--language--and it communicates information either to a computer or to those who can read it. For the purpose of First Amendment analysis, this court finds that source code is speech," Patel said.
The opinion was rendered in the case of Daniel J. Bernstein vs. the State Department. Bernstein, author of an encryption program called Snuffle, filed suit when he failed to receive government approval to present a paper. (Hoping to avoid unfriendly precendents, the State Department sent Bernstein a letter advising him he was free to present his paper, but Bernstein declined to drop his suit.) The current decision is one step in what is expected to be a prolonged legal battle over the constitutional issues surrounding encryption.
[For more details, see "Encrypted software legal, judge rules," by Rose Aguilar; c|net news, April 17, 1996.]
What did codes, and ciphers mean to the founding fathers? Weren't they ignorant of such advanced technology?... "ONE IF BY LAND, TWO IF BY SEA." Paul Revere knew what encryption ment. The founding fathers knew of codes, and ciphers. Jefferson and Franklin used ciphers for both business as well as government communications. They wrote the First and Fourth Amendments to include all forms of expression as rights under Constitutional protection, including codes and ciphers. They knew very well that the success of our revolution once depended on a coded message.
On April 18th, 1943, Admiral Isoroku Yamamoto's luck ran out. The mastermind of Japan's war of conquest, and the planner of the attack on Pearl Harbor, died. Shot down while inspecting a front line base. The Admiral's death was no random act of aerial dogfighting but a pre-planned attack, with the Admiral himself the primary target. The Americans had bugged Yamamoto's communications and knew precisely where he would be. One stop on his schedule brought him in range to attack. The coded messages containing Yamamoto's schedule and flight were decrypted by U.S. teams and sent to the USAAF 339th Fighter Squadron, based on Guadalcanal. On that misty April morning, P-38s from the 339th, intercepted Yamamoto and killed him.
This was not the first time the U.S. hacker team, led by Capt. Rochefort USN, had burned the Imperial Navy with broken codes. Admiral Chester Nimitz, Commander of the Pacific Fleet, armed with information provided by Rochefort's team on Japanese battle plans, ambushed the Japanese Navy at Coral Sea and later, defeated them at the battle of Midway. There is no question that the breaking of Japan's war codes led, ultimately, to her defeat. Ironically, the broken codes would also prove fatal to Yamamoto himself.
This April 18th, 1996, we will celebrate over two centuries of U.S. cryptographic history. Codes and ciphers have played a major role in our national events, from Lincoln's assasination, World War One, World War Two, the Cold war, Vietnam, Watergate and even the Gulf war. Today, in 1996, it is no different. Our encryption software producers are under attack. The Clinton Administration has tried to impose government controlled products (Clipper and Escrowed Keys) which gives them instant, unlimited and uncontrolled access to all computer systems. The Administration also bans all export of U.S. encryption products, while allowing foreign imports with no restrictions. We feel this is both unfair, and down right dangerous. This overzealous attempt at regulation costs American jobs, threatens our national security and our democratic way of life. It is time to stop the attack. Right now there is a bill before Congress which will give you the right to encryption and electronic privacy. HR3011, or the SAFE ACT (Security And Freedom through ENCRYPTION) will give you the right to keep your privacy in the next century. We, at SOFTWAR, support HR3011 because it re-affirms what America stands for. It is the kind of law that would make Paul Revere proud.
"Give me liberty or give me death!" Patrick Henry
Charles R. Smith
SOFTWAR Richmond, VA http://ally.ios.com/~softwa19
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
Mr. Smith kindly supplied us with a copy of HR3011. It had some good parts, but the following section gave us pause:
"Sec. 2804. Prohibition on mandatory key escrow[end excerpt]
(a) PROHIBITION- No person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key.
(b) EXCEPTION FOR ACCESS FOR LAW ENFORCEMENT PURPOSES- Subsection (a) shall not affect the authority of any investigative or law enforcement officer, acting under any law in effect on the effective date of this chapter, to gain access to encrypted information.
Sec. 2805. Unlawful use of encryption in furtherance of a criminal act
Any person who willfully uses encryption in furtherance of the commission of a criminal offense for which the person may be prosecuted in a court of competent jurisdiction--
(1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined in the amount set forth in this title, or both; and
(2) in the case of a second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined in the amount set forth in this title, or both."
Section 2804 appears to grant law enforcement officers very broad authority to gain access to encrypted information. Does this mean that any law enforcement officer, acting under any law on the books as of the effective date, can gain access to any encrypted file? This is what the bill says.
If the owner of the file refuses to provide the key, he can presumably be prosecuted under Section 2805, which defines a new federal crime. Do we need more federal crimes? we wondered. What if someone has more than one encrypted file? Will each file be a separate offense under Section 2805? We assume that the law will be interpreted this way, in which case the possession of six (6) encrypted files merits a sentence of 55 years in prison. Should any person be put in prison for life for the possession of six encrypted files?
Nothing is said about the content of the file, or for that matter its length. It occurs to us that even Mr. Smith's signature, above, may be considered an encrypted file for purposes of the Act.
Nothing at all is said about the severity of the offense for which tbe individual can be prosecuted. Should a life sentence be handed out for the use of encryption in furtherance of any crime? That's the way the bill is written. FURTHERMORE, a person can apparently be prosecuted under this bill even if he is acquitted of, or never even charged with, other crimes. The bill does not say "has successfully been prosecuted;" the language is "may be prosecuted." This looks to us like a loophole. We do not think Paul Revere would be proud of this part of the bill.
In the past it has proven unwise to allow Congress to vote on flawed legislation. We have heard "don't worry, they'll fix it in the conference committee" and "the unconstitutional provisions will never be enforced so they don't matter" all too often in the last few years.
Let's keep an eye on HR3011. One if by land and two if by sea: Congress is in session, and no one is safe.
Died April 19, 1993
Katherine Andrade, 24, white, American
Chanel Andrade, 1, white, American
Jennifer Andrade, 19, white, American
George Bennett, 35, black, British
Susan Benta, 31, black, British
Mary Jean Borst, 49, white, American
Pablo Cohen, 38, white, Israeli
Abedowalo Davies, 30, black, British
Shari Doyle, 18, white, American
Beverly Elliot, 30, black, British
Yvette Fagan, 32, black, British
Doris Fagan, 51, black, British
Lisa Marie Farris, 24, white, American
Raymond Friesen, 76, white, Canadian
Sandra Hardial, 27, black, British
Zilla Henry, 55, black, British
Vanessa Henry, 19, black, British
Phillip Henry, 22, black, British
Paulina Henry, 24, black, British
Stephen Henry, 26, black, British
Diana Henry, 28, black, British
Novellette Hipsman, 36, black, American
Floyd Houtman, 61, black, American
Sherri Jewell, 43, Asian, American
David M. Jones, 38, white, American
David Koresh, 33, white, American
Rachel Koresh, 24, white, American
Cyrus Koresh, 8, white, American
Star Koresh, 6, white, American
Bobbie Lane Koresh, 2, white, American
Jeffery Little, 32, white, American
Nicole Gent Little, 24, white, Australian
and unborn child
Dayland Gent, 3, white, American
Page Gent, 1, white, American
Livingston Malcolm, 26, black, British
Diane Martin, 41, black, British
Wayne Martin, Sr., 42, black, American
Lisa Martin, 13, black, American
Sheila Martin, Jr., 15, black, American
Anita Martin, 18, black, American
Wayne Martin, Jr., 20, black, American
Julliete Martinez, 30, Mexican American
Crystal Martinez, 3, Mexican American
Isaiah Martinez, 4, Mexican American
Joseph Martinez, 8, Mexican American
Abigail Martinez, 11, Mexican American
Audrey Martinez, 13, Mexican American
John-Mark McBean, 27, black, British
Bernadette Monbelly, 31, black, British
Rosemary Morrison, 29, black, British
Melissa Morrison, 6, black, British
Sonia Murray, 29, black, American
Theresa Nobrega, 48, black, British
James Riddle, 32, white, American
Rebecca Saipaia, 24, Asian, Phillipino
Steve Schneider, 43, white, American
Judy Schneider, 41, white, American
Mayanah Schneider, 2, white, American
Clifford Sellors, 33, white, British
Scott Kojiro Sonobe, 35, Asian, American
Floracita Sonobe, 34, Asian, Phillipino
Gregory Summers, 28, white, American
Aisha Gyrfas Summers, 17, white, Australian
and unborn child
Startle Summers, 1, white, American
Lorraine Sylvia, 40, white, American
Rachel Sylvia, 12, white, American
Hollywood Sylvia, 1, white, American
Michelle Jones Thibodeau, 18, white, American
Serenity Jones, 4, white, American
Chica Jones, 2, white, American
Little One Jones, 2, white, American
Neal Vaega, 38, Asian, New Zealander
Margarida Vaega, 47, Asian, New Zealander
Mark H. Wendell, 40, Asian, American
These human beings were already dead:
Died February 28, 1993
Winston Blake, 28, black, British
Peter Gent, 24, white, Australian
Peter Hipsman, 28, white, American
Perry Jones, 64, white, American
Michael Schroeder, 29, white, American
Jaydean Wendell, 34, Asian, American
After a trial notorious for its irregularities, these human beings remain in prison:
Renos Avraam, 32, white, British
Brad Branch, 36, white American
Jaime Castillo, 24, white, American
Graeme Craddock, 32, white, Australian
Livingstone Fagan, 35, black, British
Paul Fatta, 35, white, American
Ruth Riddle, 31, white, Canadian
Kevin Whitecliff, 33, white, American
No words can express our sorrow.
peri ___________________________________________________________________ // \ || ..UU. Quite often my mind wanders. | || ?$""`?i ..UU. o One time it went all the way | || `M .@" ..UU. ?$""`?i . to Venus on mail order and I | || Z :#" ?$""`?i 'M .@" :$f couldn't pay for it. | || &H' 'M x' Z :#" XM | || !I IC-~ &H?` @ Hail Eris! -><- | || O' `M I IL R | || Y ?$. k `h 'f firstname.lastname@example.org | || `~ I `. `~ email@example.com | || ' | \\___________________________________________________________________/
[Biased Journalism is composing a mailing list. If you would like to be on it, let us know. Checks and hot tips should go to our solid mail address: c/o S. Thomson, 236 Stanford S/C, Suite 142, Palo Alto, California 94304.]