From: Brian Davis <bdavis@thepoint.net>
Date: Sun, 24 Dec 1995 17:44:54 +0800
To: attila <attila@primenet.com>
Subject: Re: Fred Cohen: Re: CFS and Linux
In-Reply-To: <Pine.BSD.3.91.951224080819.26471A-100000@usr3.primenet.com>
Message-ID: <Pine.BSF.3.91.951224042445.20498A-100000@mercury.thepoint.net>
MIME-Version: 1.0
Content-Type: text/plain


On Sun, 24 Dec 1995, attila wrote:

> On Sun, 24 Dec 1995, Brian Davis wrote:
> 
> > On Sat, 23 Dec 1995, Perry E. Metzger wrote:
> > > > Fred Cohen writes to me in private:
> > ...
> > > 
> > > Let's see.  I guess I would start by having the police confiscate the
> > > toad.com computers becfause thay are part of a criminal conspiracy to
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > I didn't realize that AI research was that far along.  Can someone point 
> > me to the specs for the computer that can become a "part of a criminal 
> > conspiracy"??
> > 
> > EBD
> > 
> > 
> > > daamage my reputation.  Criminal because of the recent changes in the
> > > law that prohibit you from sending me information I don't want to get.
> > > 
> >
> 	the basis of the seizure is for evidence collection.  then they
>     take their sweet time scrounging the disks for evidence.  If no
>     evidence is found, they give it back --eventually.  I saw one case go 
>     by a couple years back where they were trying to make the computer an
>     accessory to the crime (I dunno, maybe it was supposed to auto-dial
>     and drop the dime --no that's in 18USC as failure to snitch!)

Much truth here, but not relevant to Dr. Fred's threat of a civil suit.  
He can't have his attorneys just call the FBI to pick up toad's computer.

CoS's seizure of computers, while shameful, was based on a different 
legal theory than the good Dr. can possibly allege. 


EBD


> 	of course, if there are drugs involved, they confiscate it as
>     spoils of the criminal act and the equipment is impounded and
>     eventually sold after conviction for the benefit of their slush funds. 
> 
> 	I would imagin you have seen plenty of the latter one in the
>     Federal attorney's office. this also gets into the issues of private
>     cryptography and that _everybody_ should give up privacy protection,
>     first amendment rights, etc. so uncle can catch a few dopers, gun 
>     runners, and other assorted malcreants [sic] --like the difference 
>     between {mis,mal}feasance: in both cases you get fucked, but 'mal' is
>     intentional... 
> 
>  
> > Not a lawyer on the Net, although I play one in real life.
> >
>     hey, at least you admit you're having a good time!
> 
> > **********************************************************
> > Flame away! I get treated worse in person every day!!
> > 
>     
> 
> --
> --------------------------------------------------------------------
> #!/bin/perl -s-- -export-a-crypto-system-sig -RSA-3-lines-PERL
> $m=unpack(H.$w,$m."\0"x$w),$_=`echo "16do$w 2+4Oi0$d*-^1[d2%Sa
> 2/d0<X+d*La1=z\U$n%0]SX$k"[$m*]\EszlXx++p|dc`,s/^.|\W//g,print
> pack('H*',$_)while read(STDIN,$m,($w=2*$d-1+length$n&~1)/2)
> 
> -----BEGIN PGP PUBLIC KEY BLOCK-----
> Version: 2.6.2
> 
> mQCNAy5vBesAAAEEAN8cl6vHXrKZ9lFfZDgfyJRr3HidW77Uio7F25QF6QXca5z/
> AS3ZrWsa0CjF2nwrqmyb1E5no7dFB+70ZfK8233r7ykVkWRojT+0K71lnUZO4cjG
> +d19/ehXkDpkH3iHU7Uyo4ZdXLiI6uoFDS7ilzx8PCKcgvfq7b04kQrCC2kFAAUX
> tAZhdHRpbGGJAJUDBRAur/X7xUpiaI661j0BAbVUA/9RSKN5sOFVB4rjV6+a2aWD
> LjD5g/+eZaB/hI98qlPP+SBwzO3+K7+JWt3Fez0gKVju228ACGkvilg2VkMtQ0zm
> YCexYL0U9StzHt4xEpowpmaWx22jpEvWnI10LZvT/NO3uYg5r/ezVYc7autKvfvI
> rVOo322RkA0HNVV1rqjMGw==
> =UNt4
> -----END PGP PUBLIC KEY BLOCK-----
> 
> 

Not a lawyer on the Net, although I play one in real life.
**********************************************************
Flame away! I get treated worse in person every day!!