From: Anonymous <nobody@replay.com>
Date: Tue, 22 Sep 1998 00:58:44 +0800
To: cypherpunks@cyberpass.net
Subject: CHALLENGE response
Message-ID: <199809220601.IAA30078@replay.com>
MIME-Version: 1.0
Content-Type: text/plain



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Interested readers may want to verify that the key above does give a
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(It will be necessary to remove any existing key with keyid 0x2541C535
before this key can be added to the keyring.)


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"Contrary to one famous philosopher,
you're saying the medium is not the
message," Judge Thomas Nelson said,
alluding to the media theorist Marshall
McLuhan. 
http://www.nytimes.com/library/cyber/week/120997encrypt-bernstein.html

  Bullshit!
  The bits and bytes of email encryption are a clear message
that I wish to exercise my right to speak freely, without those
who wish to do me harm invading my privacy.
  The death of strong encryption on the InterNet will be the
global death of free speech on the InterNet. Accordingly, I 
feel it is necessary to make a stand and declare that I stand
ready and willing to fight to the death against anyone who
takes it upon themselves to try to imprison me behind an
ElectroMagnetic Curtain.

  This includes the Ninth Distric Court judges, if they come to
the conclusion that the government that they represent needs to
electronically imprison their citizens 'for their own safety.'


The problem: Criminals with a simple
encryption program can scramble their data
beyond even the government's ability to read it. 
http://www.zdnet.com/zdnn/content/zdnn/1208/261695.html

  Fuck the lame LEA pricks who whine about not being able to
stop someone bringing in a planeload of drugs without being
able to invade the privacy of every person on the face of
the earth.
  Am I supposed to believe that I have knowledge of when and
where major drug shipments are taking place, simply by virtue
of hanging out as a musician, yet the LEA's are incapable of
finding out the same information by being competent in their
profession? Barf City...
 [I will shortly provide information for any LEA which wishes
  to prosecute me for my coming 'physical' death threat, on
  how to hunt me down like the filthy dog that I am.]

"Why are you saying that the fact that [encryption]
is functional takes it out of the First Amendment
context?" Myron Bright, one of the judges, asked
the Justice Department attorney, who was still in
mid-sentence. He answered that the regulations
were not aimed at suppressing speech, but only at
the physical capacity of encryption to thwart
government intelligence gathering. 

  The Spanish language has the same "physical capacity." So 
does (:>), (;[), and {;-|). Likewise, BTW, FWIW, FYI, and
my own personal favorite, YMMV (You Make Me Vomit? --or--
Your Mileage May Vary?). <-- Ambidextrous encryption.
  An-cay e-way pect-exay ig-pay atin-lay usts-bay of 
ildren-chay?
  Whispering also has the "physical capacity" to "thwart 
government intelligence gathering."

  When does the bullshit stop? When do we stop making the
use of the Spanish language over the InterNet illegal?
When do we stop making whispering, pig-latin, anagrams
and acronyms illegal?
  When do we stop saying that our government is such a
piece of crap that it is a danger to let its citizens
communicate freely, in private, and share their private
thoughts with one another?


At one point Fletcher called the government's case 
"puzzling."
http://www.news.com/News/Item/0,4,17114,00.html

  Only because her mom taught her that it was unladylike to
say "Bullshit!"


In arguments Monday, a Justice Department
lawyer, Scott McIntosh, said the government's
intent was to preserve the ability of intelligence
agencies to eavesdrop on foreign governments
and citizens. 
http://www.nytimes.com/library/cyber/week/120997encrypt-bernstein.html

  Let's see if I have this right...
  The U.S. government needs to destroy the right to free speech 
and right to privacy of its own citizens in order to infringe
upon the human rights of the governments and citizens of other
countries? Countries which already have strong encryption?
Countries like Red China, which is currently engaged in 
encryption research with an American company who got permission
to export much more diverse encryption material (after making
a huge campaign donation to the Whitehouse) than Professor
Bernstein will ever likely share with others?
  Apologies to Judge Fletcher, but that's not "puzzling." That's
the same-old-same-old Bullshit!


OFFICIAL 'PHYSICAL' DEATH THREAT!!!
  The pen is mightier than the sword. Thus, I prefer to wage my
'war to the death' against those who would stomp on my basic
human rights *"in the interests of National Security"* with my
electronic pen, on the InterNet, using encryption when I have
reason to fear persecution by Facist, Nazi motherfuckers.
[* ~~ TruthMonger Vernacular Translation ~~ "so that the 
 government can maintain its authority over the citizens
 by use of force and violation of human rights, rather than
 going to all of the trouble of acting in a manner that will
 garner the citizens' respect."]

  I will continue to express my thoughts through the words
I send electronically over the InterNet, both publically
and privately. I will fight to the bandwidth death against
anyone who wants to deny me my right to express my opinions
and access the opinions of those who also wish to express
their own opinions and share their true thoughts with their
fellow humans.
  If the ElectronicMagnetic Curtain slams down around me, 
then I will have no choice but to continue my current fight
in MeatSpace.
  And I am not alone...

  I will share the same 'DEATH THREAT!!!' with Judges Fletcher,
Nelson and Bright that I have shared with the President and
a host of Congressional and Senatorial representatives:
  "You can fuck some of the people all of the time, and all of
the people some of the time, but you are going to end up in a
body bag or a pine box before you manage to fuck all of the
people all of the time."

  Am *I* going to whack you out? Maybe...
  I would prefer just dumping some tea in Boston Harbor, if that
will get my message across in MeatSpace, but if it won't, then
I guess I will have to take stronger action.
  There are undoubtedly a plethora of LEA's ready and willing to
prosecute and imprison me for agreeing with Patrick Henry, who
said, "Give me liberty, or give me death." The irony, of course,
is that I do not pose a great danger to anyone but myself as
long as I continue to have my human rights and my liberty
unthreatened.

  The chances of me actually getting off of my fat butt and
going out into the real world to whack out the enemies of
freedom are probably pretty small (unless I run out of 
cigarettes and beer, and wouldn't have to make an extra 
trip).
  I fully understand that this does not lessen the potential
of any LEA who gets a wild hair up their butt to throw a
mountain of taxpayer resources into prosecuting me and 
imprisoning me for their own professional/political gain.
  However, if you are performing actions so outrageously against
basic human rights and freedoms as to get me off of my lazy ass,
then I am the least of your problems, because there undoubtedly
are millions of people more functional than myself (who get out
of the house and go further than the liquor store) who are less
willing than myself to put up with increasingly heavy chains
placed around their hands and feet 'in the interests of national
security.'

  Feel free to have the Federales break down my door and
imprison me for pointing out the obvious. After all, I fit
the profile of a domestic terrorist--I quote the Constitution 
and the Bill of Rights, and I speak out against increasingly
big government.
  But remember...it's the quiet ones you've got to watch...
If you force everyone to 'be quiet', then you've got a world
of trouble on your hands.

Sincerly,
John Gilmore <gnu@toad.com>
~~~~~~~~~~~~~~~~~~~~~~~~~~~
p.s.
NOTICE TO LEA AGENTS IN NEED OF A CAREER BOOST!
  Yes, I'm just a troublemaking asshole, trying to get John
<spit> Gilmore <fart> in trouble.
  However, if you want to go to the trouble of tracking me 
down, I will give you some hints, since it seems likely that
anyone who has trouble finding a ton of cocaine at an 
airport might not be competent in CyberSpace, either.
  You might want to check with the Webmasters at the sites
quoted above to see who has accessed their web sites this
morning. The anonymous remailer I will be using is an open
secret to CypherPunks around the world as a really bad 
attempt at disguising my true MeatSpace identity. This alone
ought to be enough for some aggressive young LEA and/or
federal prosecutor to earn themself some brownie-points,
since I am a sorry enough son-of-a-bitch that they would not
have much trouble convicting me in front of a jury of 'their'
peers, assuming that they can make certain that I am not 
tried by a jury of my own peers.

Bonus Points:
  I can also be tied into Jim Bell's Worldwide Conspiracy to 
assassinate government authorities, through my implementation
of an Assassination Bot.
 (I am willing to 'rat out' Jim for two bottles of Scotch. If
 he is willing to rat _me_ out for less, then I guess it's
 just my hard luck, eh? <--that's another hint!)

p.p.s.
  You can also charge me with use of 'conventional' encryption
in the commission of a crime.
  Must be your lucky fucking day, eh?

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