From: Tim May <tcmay@got.net>
Date: Sat, 27 Sep 1997 10:45:36 +0800
To: Jim Choate <cypherpunks@Algebra.COM
Subject: Re: Remailer Attack (fwd)
In-Reply-To: <199709270153.UAA13442@einstein.ssz.com>
Message-ID: <v03102802b0521bac5e57@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



At 6:53 PM -0700 9/26/97, Jim Choate wrote:
>Forwarded message:
>
>> Date: Thu, 25 Sep 1997 16:31:48 -0700
>> From: Tim May <tcmay@got.net>
>> Subject: Re: Remailer Attack
>
>> Generally, a bunch of things would be nice to have:
>>
>
>[several original examples deleted]
>
> -  some sort of legal protection and recognition for the remailer
>    operators

I believe remailers are strongly protected by the Electronic Communcations
Privacy Act, which explicitly says that reconveyors or intermediary parties
may not examine or inspect e-mail.  Anyone expecting that a remailer is
looking at mail flowing through his system for evidence of libel,
espionage, obscenity, threats, etc., must be unaware that the ECPA formally
forbids this, except under limited circumstances (e.g., a business may look
at mail of employees, and prior arrangements/releases can be made. Neither
of these situations require, let alone approve, inspection of mail in
transit).

This line of reasoning has not been used in any defense, perhaps because
there have been no prosecutions of remailers. Whether the courts, including
The Court, will conclude that the ECPA is protection, is of course unknown
to me.

> -  some mechanism for them to operate as a business entity with a
>    clear profit.

And I mentioned this specifically.

--Tim May


The Feds have shown their hand: they want a ban on domestic cryptography
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."