From: "L. Detweiler" <ld231782@longs.lance.colostate.edu>
Date: Fri, 17 Sep 93 22:36:19 PDT
To: cypherpunks@toad.com
Subject: WE'RE UNDER ATTACK
Message-ID: <9309180534.AA27719@longs.lance.colostate.edu>
MIME-Version: 1.0
Content-Type: text/plain



First of all, the attacks on Moby Crypto (Grady Ward) and on PGP are
*clearly* linked in the SAME systematic assault on cryptographic
distribution, as S. Steele of EFF has indicated.  Both the subpoenas
were served by US District Court of Northern California, San Jose. The
head attorney mentioned in both cases is Michael J. Yamaguchi. The
subpoenas are virtually identical. Both mention W. P. Keane, Assistant
attorney, and special agent Robin Sterzer. They appear to have been
served on the same *day*, perhaps even the same *time*. (Rule X of
systematic warfare: coordinate attack timing on all fronts.)

Here is where the dissimilarity seems to start. Grady Ward was
unequivocally being harassed by the *NSA* prior to this date as he
reported on various newsgroups. Is the summons related to this NSA
inquiry? It would be inconceivable at this point to believe that it wasn't.

PGP & PRZ were being harassed by *customs officials* prior to this
date, possibly under the complaints of PKP. Now, these two situations
have been totally aligned in the simultaneous serving of the subpoenas.
Is this a systematic assault by the NSA, PKP, or Customs Officials?
Does it have something to do with the ink-still-drying agreement
between PRZ and Viacrypt? Who convened the grand jury? *somebody* is
targeting cryptographic distribution in a devastating initial
two-pronged blow. The curious coincidence of clearcut NSA harassment of
Moby Crypto on one hand and the PKP harassment of PGP on the other,
*united* in the subpoena, with the chocolate ViaCrypt agreement timing
on top, is extremely unsettling, and perhaps altogether the strongest
fodder so far for NSA-PKP conspiracy theories.

We must try to determine whose rules we are playing by. Is this a
customs investigation? Treasury Dept.?  The situation with NSA is that
they don't really ever act directly, they always go through some other
henchmen to do the dirty work. This smells like them. But the case of
the NSA convening a grand jury does not appear to have a historical
precedent. What's going on here?

ATTACK PLAN

At this early date it is impossible to formulate something sensible.
Everyone is completely disoriented. This is like a grenade going off in the room.

However, my initial reaction is that the subpoenas seem to be
OVERBROAD. They could be argued by a competent attorney, given the
simultaneous targeting of two completely disparate cryptographic
enterprises, to represent an OUTRAGEOUS FISHING EXPEDITION. Isn't there
a way to contest a subpoena in court? these legal mechanisms need to be
employed IMMEDIATELY.

what is the significance of the date June 1, 1991, the date back to
which all cryptographic materials are requested? Does this have any
meaning to PGP or some law? If anyone can figure out the meaning, it
may be a route to a counterattack.