From: tcmay@netcom.com (Timothy C. May)
Date: Sat, 17 Sep 94 10:47:00 PDT
To: cypherpunks@toad.com
Subject: (fwd) "Will You Be a Terrorist?"
Message-ID: <199409171745.KAA03257@netcom8.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain


Cypherpunks,

Not all of you like posts that mention "guns" in any form, so if this
the case for you, hit "D" now.

I think the recently-passed Crime Act has implications for what some
are calling "terrorist speech" and that Cypherpunks remailers may be
construed as "PROVIDING MATERIAL SUPPORT TO TERRORISTS" in the
context of being "communications equipment."

Consider this "food for thought."

An excerpt, and commentary by the original anonymous poster, is
included below.

I know that our favorite optimists, Duncan Frissell and Sandy
Sandfort, are fond of saying that it's already over, that we've
already won, that the state is powerless, etc., but when I read the
text of the Crime Bill (available from ftp.nra.org in
pub/legislation), I just can't buy that.

I see a growing police force, I see U.N. blue helmets, I see many more
prosecutions for a growing list of crimes, I see my gun rights being
taken away, and on and on.

In the section below, read carefully the sections about providing
support for "terrorists." Note that belonging to a pro- or
anti-abortion group in which _one_ of the members uses violence (a
fistfight, a jostling of a cop, or a shooting...) makes the group a
"terrorist" group, under the new language of the Crime Act.

I will not be surprised to hear that the Cypherpunks group is
classified as a terrorist group, for a variety of reasons (not the
least of which was the "liberation" of the RC4 code, the
Mykotronx-government deal info, the debates about undermining the
government, the talk of assasination markets, etc.).

Sorry, but I just can't "Don't worry, be happy."

--Tim May


Newsgroups: talk.politics.guns
From: anonymous@extropia.wimsey.com
Subject: "Will You Be a Terrorist?"
Message-ID: <199409120907.AA15385@xtropia>
Date: Mon, 12 Sep 1994 02:07:16 -0700
X-Mailer: mail-news 2.0.3
Remailed-By: remail@extropia.wimsey.com
Comments: This message was anonymously remailed. Do not reply to the address in 

[Check it out - Cross-posted from Fidonet:]

    The "Crime Bill" passed by Congress recently (truename: Violent
 Crime Control and Law Enforcement Act of 1994) has a frightening
 provision that hides a boogeyman under its superficially appealing
 surface:
    *----------*          *----------*          *----------*
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

    (a) Offense.--Chapter 113A of title 18, United States Code, is
amended by adding the following new section:

``Sec. 2339A. Providing material support to terrorists

    ``(a) Definition.--In this section, `material support or resources'
means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and
other physical assets, but does not include humanitarian
assistance to persons not directly involved in such violations.
    ``(b) Offense.--A person who, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section 32,
36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751,
2280, 2281, 2331, or 2339 of this title or section 46502 of
title 49, or in preparation for or carrying out the concealment
of an escape from the commission of any such violation, shall
be fined under this title, imprisoned not more than 10 years, or both.
    ``(c) Investigations.--
            ``(1) In general.--Within the United States, an
        investigation may be initiated or continued under this
        section only when facts reasonably indicate that--
                    ``(A) in the case of an individual, the
                individual knowingly or intentionally engages,
                has engaged, or is about to engage in the
                violation of this or any other Federal criminal
                law; and
                    ``(B) in the case of a group of
                individuals, the group knowingly or
                intentionally engages, has engaged, or is about
                to engage in the violation of this or any other
                Federal criminal law.
            ``(2) Activities protected by the first
        amendment.--An investigation may not be initiated or
        continued under this section based on activities
        protected by the First Amendment to the Constitution,
        including expressions of support or the provision of
        financial support for the nonviolent political,
        religious, philosophical, or ideological goals or
        beliefs of any person or group.''.
    (b) Technical Amendment.--The chapter analysis for chapter 113A of
title 18, United States Code, is amended by adding the
following new item:

``2339A. Providing material support to terrorists.''.

    *----------*          *----------*          *----------*

    In the U.S. Title 18 Code, terrorism is defined as "engaging in
 any act or conspiring to engage in any act intended to intimidate
 or coerce the civilian population or the government" or close words
 to that effect. What does this mean? Suppose you organize a militia
 and some little jot or tittle is just that much off -- and the thugs
 at the BATF or FBI or NatPol decide that your militia is an "armed
 group"? They can now seize your house, your car, your bank account
 and anything else even remotely connected with the maintenance or
 support of the militia, and make *you* prove your innocence before
 the Federal thugs will grudgingly return your life to you. Suppose
 you participate in a demonstration against abortion and just one
 member of the peaceful demonstration gets into a fistfight with
 an escort. You had given a ride to this demonstrator -- is the
 fistfight "terrorism" and you a collaborator in this "terrorism"
 to be arrested and thrown in jail and your car seized until you
 can prove that you did not know that the other demonstrator did
 intend to fight with an escort? Suppose you demonstrate against
 national health care and you yell that Clinton should be thrown
 out of office and make a threatening gesture -- will the thugs
 treat this as an "attempt to intimidate the government" and take
 your car and perhaps your home if you used it to prepare materials
 for the demonstration? Suppose you quote Thomas Jefferson's words
 about a revolution being due every twenty years -- will you be
 thrown into jail for that? Note that the above section does not
 allow anything but "NON-violent" goals. This is another direct
 attack upon the First Amendment and deeply disturbing in its
 implications when considered as part of a set of other federal
 statutes scattered across Title 18 criminal law.


***end of quoted section***

--
..........................................................................
Timothy C. May         | Crypto Anarchy: encryption, digital money,  
tcmay@netcom.com       | anonymous networks, digital pseudonyms, zero
408-688-5409           | knowledge, reputations, information markets, 
W.A.S.T.E.: Aptos, CA  | black markets, collapse of governments.
Higher Power: 2^859433 | Public Key: PGP and MailSafe available.
Cypherpunks list: majordomo@toad.com with body message of only: 
subscribe cypherpunks. FAQ available at ftp.netcom.com in pub/tcmay




-- 
..........................................................................
Timothy C. May         | Crypto Anarchy: encryption, digital money,  
tcmay@netcom.com       | anonymous networks, digital pseudonyms, zero
408-688-5409           | knowledge, reputations, information markets, 
W.A.S.T.E.: Aptos, CA  | black markets, collapse of governments.
Higher Power: 2^859433 | Public Key: PGP and MailSafe available.
Cypherpunks list: majordomo@toad.com with body message of only: 
subscribe cypherpunks. FAQ available at ftp.netcom.com in pub/tcmay