From: Jim Choate <ravage@einstein.ssz.com>
Date: Wed, 28 Oct 1998 07:12:15 +0800
To: cypherpunks@einstein.ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: MIB Subponeas (fwd)
Message-ID: <199810272256.QAA09817@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> Date: Tue, 27 Oct 1998 12:42:36 -0800
> From: Tim May <tcmay@got.net>
> Subject: Re: MIB Subponeas

> * Is travel paid for? How?  By spending hours completing forms in
> quadruplicate, or do they just cut a check for some per diem sort of
> payment?

The IRS offered to pay my travel from the local Austin airport to Seattle
and pay the hotel bill and meals. I was trying to determine how
transportation in Seattle was going to be handled when they said they didn't
need me in person.

> * What if one has pressing engagements? (Travel out of the country, an
> anniversary party, washing the dog?)

I told them I didn't want to go to Seattle, they suggested an affadavit.

> * What if one shows up with no records and claims not to have them?

Exactly what I did after checking to make sure I didn't. They said 'Ok'.

> * What about lawyer expenses? I know the line about "If you cannot afford

What lawyer? You don't get a lawyer with Grand Juries.

> More soberly, this kind of subpoena could well nuke the Cypherpunks list,

Not even hardly. A subpoena isn't an accussation, it's an instrument to
obtain potentialy relevant testimony and evidence. It means (at least in
this case) "We believe you may know something or have possession of
information related, but not necessarily directly involved in this matter."
The sub-channel message is "Don't fuck with us, you're only about a hairs
breadth away from hell on earth."

Besides, they wanted me to testify *for* the prosecution, preferebly
willingly. The last thing they were going to do was go heavy handed.

> even the distributed node instance. If Igor Chudov, Lance Cottrell, and Jim
> Choate all have to fly to Seattle and face scrutiny, implied threats, and
> possible jail time for failing to jump when the Feds say jump, they may
> decide to stop acting as Fed magnets.

If the operators are that jumpy I suspect they wouldn't put up with the
bills, occassional stupid private emails, the costs in time, etc. I knew
this sort of stuff was a possibility. The only issue that took me by
surprise was two officers showing up at work unannounced. It took me till
the next day to burn off the heeby-jeebies from that.

Of course, a truly motivated and worried, not to mention well heeled,
cypherpunks might consider putting up a node themselves....<nah>


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