From: futplex@pseudonym.com (Futplex)
Date: Sun, 15 Oct 95 19:13:48 PDT
To: cypherpunks@toad.com (Cypherpunks Mailing List)
Subject: Re: PA Remailer Concerns
In-Reply-To: <199510152238.AA43670@junkers.lochard.com.au>
Message-ID: <199510160213.WAA07796@thor.cs.umass.edu>
MIME-Version: 1.0
Content-Type: text/plain


[I'm sending this to the cypherpunks and remailer-operators lists. Replies
are directed to c'punks, just to avoid crossposting followups, but I read
both lists. -Futplex]

Mark writes:
[re: a new Pennsylvania law]
> More likely the law will be used when a remailer operator wont play ball with
> the local LEA and surrender any existing logs. Then the LEA can simply throw
> the operator into a court under this legislation.
> 
> If (when?) something serious is perpetrated and planned using a remailer then
> they will have the motivation to shut them down.

I would very much like to see this law tested. I think it could prove fairly
important to attack it with a well-planned, benign test case rather than wait
for the next National Liberation spam or a death threat. 

I don't live in PA, but I would be willing to participate as the defendant in
a test case under the right circumstances. Presumably I would open an
account with an ISP in Penna., set up a remailer on the account (need to find
an ISP that clearly allows that), and have somebody send a message through it.

We would need to design a promising test case and find an attorney willing &
able to offer pro bono services. 

Any comments or suggestions, esp. from legal types (who of course are not
offering formal legal advice to anyone :) ?  Is this realistic ?  What would
it take to elicit a prosecution for such a test case ?

-Futplex <futplex@pseudonym.com>