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Phil Zimmermann Replies To CNet On Biden

A couple of days ago we discussed a CNet article on the tech voting record of Joe Biden, Barack Obama's running mate. Philip Zimmermann, who was mentioned in that piece, sends the following note to set the record straight. "In his 23 August opinion piece in CNet, Declan McCullagh wrote on Joe Biden's suitability as the Democratic VP nominee, Declan quotes me, creating the impression I criticized Biden for some legislation that Biden introduced in 1991. Declan's quote from me is out of context because it does not make it clear that I never mentioned Biden in my original quote at all when I wrote about Senate Bill 266. Second, Declan's quote is drawn from remarks I wrote in 1999. Declan seems to be trying to draft me in his opposition to Biden, and, by extension, makes it seem as if I am against the Democratic ticket. I take issue with this." Read below for the rest of Phil's comments.

When someone serves in the Senate for 30 years, we have to judge them by their whole body of work. Much has happened since 1991. I don't know what Biden's position would be today on the issue of encryption, but I would imagine it has changed, because I can't think of any politicians today who would try to roll back our hard-won gains in our right to use strong crypto. In fact, considering the disastrous erosion in our privacy and civil liberties under the current administration, I feel positively nostalgic about Biden's quaint little non-binding resolution of 1991.

Declan's article seems to imply that I would prefer McCain over the Democratic ticket. But McCain's stated policies on wiretapping, the Patriot Act and other policies that undermine privacy and civil liberties are a seamless continuation on the current administration's policies.

76 of 371 comments (clear)

  1. Pot kettle by seanadams.com · · Score: 5, Informative

    But McCain's stated policies on wiretapping, the Patriot Act and other policies that undermine privacy and civil liberties are a seamless continuation on the current administration's policies.

    And what of Obama's support for illegal wiretapping indemnity?!?

    1. Re:Pot kettle by Anonymous Coward · · Score: 3, Insightful

      maybe Obama feels they deserve a second chance? I mean if some scary guys in suits came to your business and demanded all your customers info for the sake of hunting "terrorists" how many people would have the balls to stand up and deny them because they know its covered by the constitution?

    2. Re:Pot kettle by Zeinfeld · · Score: 5, Insightful
      And what of Obama's support for illegal wiretapping indemnity?!?

      Folk got way to over-excited about it. Unfortunately the telcos probably had a viable defense that they were acting (1) on government instructions and (2) on government advice that their action was legal.

      The original objective in bringing the lawsuits was to uncover the criminal behavior by the Bush administration so that they could be held accountable for it. Suing the telcos was the only way to force the documents into the open.

      Do not confuse the tactics adopted by people trying to stop the abuse with the objectives of the perpetrators. Phil Z. is pointing out that on civil liberties issues McCain is every bit as bad as Bush, we can expect a continuatio of the same lawless behavior.

      --
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    3. Re:Pot kettle by Silverlancer · · Score: 5, Informative

      Unfortunately the telcos probably had a viable defense that they were acting (1) on government instructions and (2) on government advice that their action was legal.

      This isn't very hard to understand--the entire reason for the existence of the FISA law is that it explicitly states that the telcos are not to listen to the executive branch, even if it makes such an order. They blatantly ignored the law that was written exactly to stop this sort of situation.

    4. Re:Pot kettle by Dan667 · · Score: 5, Insightful

      The telcom immunity blocks civil suits from being made. To be honest, I fully expect the telcos to let a couple of their employee sheep to get locked up in criminal trials with out even shedding a tear. However, if you hit the telcos with a $200 billion civil judgment for their bad behavior (and make sure they cannot weasel out of it) they will think twice before doing it again. No civil trials now. That is why Obama's vote for FISA and telecom immunity was so bad.

    5. Re:Pot kettle by Original+Replica · · Score: 4, Insightful

      And what of Obama's support for illegal wiretapping indemnity?!?

      I think Obama's "yea" vote on the bill that contained the wiretapping indemnity was more a problem of our current system of multi-issue bills than a true expression of Obama's ideals. There was a lot of content in that bill that was quality, but the indemnity was stuck in much the same way that any other earmark or pet project is stuck in, this one just got more publicity. That said, if Obama is really about change as much as he claims to be, he will take steps to amend this flaw in our government, either through line-item veto power or much tighter restrictions on the breadth of any given bill, I would prefer the latter as a restriction of Congressional power will serve us better in the long term over an expansion of Executive power.

      --
      We are all just people.
    6. Re:Pot kettle by seanadams.com · · Score: 2, Insightful

      The original objective in bringing the lawsuits was to uncover the criminal behavior by the Bush administration so that they could be held accountable for it. Suing the telcos was the only way to force the documents into the open.

      How is that not all the more reason to proceed with the lawsuits?

    7. Re:Pot kettle by rcw-home · · Score: 2, Insightful

      I think Obama's "yea" vote on the bill that contained the wiretapping indemnity was more a problem of our current system of multi-issue bills than a true expression of Obama's ideals.

      I agree that multi-issue bills are a problem, but I think it's better to just not pass a mixed-bag bill than to live with the results of it.

      If a majority in Congress agreed, it might keep the bills that are introduced more focused.

    8. Re:Pot kettle by Moryath · · Score: 2, Interesting

      Let's compare Democrats and Republicans.

      DMCA 1.0 - Repub congress, Dem President (Clinton) signed on gleefully.
      DMCA provisions 2.0 (slipped in the various years), about evenly split between repub/dem congresses and repub/dem presidents.

      Wiretapping indemnity? Just as much the fault of both sides of the aisle.

      Running roughshod over the 1st amendment? Pretty much even. Republicans and Democrats seem to hate that pesky "free speech" thing when their problems are being exposed. "Middle of the Roaders" like Joe LIEberman are friends of censorship-mongers like the Parents' Television Council and Jack "About to lose his law license" Thompson. Democrat and Republican state legislatures and governors alike love to shove protesters into "free speech zones" where they can neither be seen nor heard.

      Corruption? McCain takes lobbyist money, and I don't think anyone here doesn't have something to say about him. Obama takes lobbyist money. I lived in Chicago when Obama was connected to the Daly political machine, who make Louisiana corruption like William Jefferson look squeaky clean in comparison. Democrats run dirty tricks, Republicans run dirty tricks, and it doesn't really matter - both parties are dirty.

      My question is: would Obama or Biden really be helpful to us? Are McCain and whoever he picks, either? And if not, why not? Because none of us are able to get in their faces and demand they actually represent the people.

      But on the whole, I think I have a better shot at affecting the process with McCain in the WH and the Dem opposition in Congress. It beats the hell out of letting one party control all three sections - and that way, I'm reasonably sure at least one of them is working for me, or at least working against the other two that aren't working for me.

    9. Re:Pot kettle by FunWithKnives · · Score: 2, Insightful

      Hmm. Perhaps people (read: corporations) who have an entire army of lawyers at their disposal?

      --
      "We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
    10. Re:Pot kettle by Zeinfeld · · Score: 4, Insightful
      This isn't very hard to understand--the entire reason for the existence of the FISA law is that it explicitly states that the telcos are not to listen to the executive branch, even if it makes such an order. They blatantly ignored the law that was written exactly to stop this sort of situation.

      You might think that, I might think that.

      Unfortunately the current federal bench has been largely appointed by Republicans and in particular the DC Circuit has a bunch of very partisan judges - the folk who brought us the infamous Kenneth Starr and is unable to get the fact that the constitution absolutely prohibits any number of criminal activities of the Bush regime: torture, imprisonment without trial, wiretapping, etc. etc.

      The problem with FISA was that the 'lawyers' for the Bush regime had purportedly found that the President could disregard any law he liked by exercising the 'inherent powers' of the Presidency. FISA did not have a sufficiently strong exclusivity clause to absolutely knock that defense out. So the compromise reached was to let the telcos off the hook in return for the administration allowing the replacement bill to specify exclusivity.

      It is not a great result, but it was the best that could be obtained with the Republicans holding the Whitehouse and the Democrats only holding the Senate on the vote of Joe Lieberman. Throughout the process it was the Republicans in general and John McCain in particular who were arguing to trash civil liberties and the Democrats who were arguing to restore them. The only exception was on torture where John McCain claimed that he was going to be tough with the administration, fooled everyone into believing he was being honest then agreed to everything the administration asked for. If you care about civil liberties it makes no sense to vote for John McCain on the basis that the Democrats were unable to stop the Republicans!

      Civil liberties are not just a moral issue, they are essential if you are going to have an effective government. The torture of three Al Qaeda operatives was not just bad morally, it was a total disaster from the point of view of stopping terrorism. The administration got absolutely no useful information as a result: they got a series a bogus leads that all turned out to be wild goose chases. And now that the use of torture is known there is no prospect of getting any criminal convictions in a real court of law.

      We tried the Bush administration tactics against terrorism in the UK at the start of the Northern Ireland troubles. To say they were a disaster is an understatement. First off the troops originally went in to protect the Catholics from the Protestant terrorists. The Provisional IRA was essentially a product of the British Internment policy. And the use of aggressive interrogation techniques that fall far short of the Bush administration torture lost popular sympathy abroad, here we are talking about 'hooding', not the sleep deprevation, shaking or such that the Bushies are still using. Folk like Rudy Giuliani were so disgusted by these tactics that they headed numerous IRA fundraisers and Rudy even gave Gerry Adams a humanitarian award.

      McCain is simply more of the same, he thinks that the solution to every problem is the use of more force. He is completely unable to comprehend that force might create more problems than it can solve.

      --
      Looking for an Information Security student project suggestion?
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    11. Re:Pot kettle by langelgjm · · Score: 4, Insightful

      I'd tell them to shove it and get a warrant. Especially if they used quotes around the word terrorist.

      And I don't even have the benefit of permanent, in-house legal counsel, to which any government requests were almost certainly referred!

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    12. Re:Pot kettle by Naughty+Bob · · Score: 4, Insightful

      maybe Obama feels they deserve a second chance? I mean if some scary guys in suits came to your business and demanded all your customers info for the sake of hunting "terrorists" how many people would have the balls to stand up and deny them because they know its covered by the constitution?

      Okay, so does everyone get a second chance when they break the US constitution, or is this just for corporations?

      --
      "Be light, stinging, insolent and melancholy"
    13. Re:Pot kettle by Martin+Blank · · Score: 4, Interesting

      Opposing parties in control of different branches seems to be a good thing. When it's a choice of either a little being done through compromise or nothing being done through vitriol, politicians will generally choose the former, if only to claim that they are the ones that can cross the aisle to get things done.

      I've said for a long time that I value the role that those on the far right and far left play. They are the anchors for their respective realms that keep the country generally on the right path. We do veer off on occasion, and sometimes badly so, but generally, the US does the right thing, especially when the requirement is that a given party compromise with the other to get a portion of its agenda past.

      I don't believe that the Republican platform is the best for the United States, but I agree with some parts of it. Likewise, I don't believe that the Democratic platform is the best for the United States, but I agree with some parts of it. There are members of Congress that I approve of and respect on both sides of the aisle, and sometimes they are in the far corners but they actually believe that they're doing the right thing, and not just being shrill naysayers of those not in their party.

      It seems to me that we get the least good done when it's all one party or when the process degenerates to "We're not them!", and the most good done when we are forced to work together. Someone always feels left out in the latter case because their preferred position got cut out of the final deal, but that's how our system -- with or without parties -- was always intended to work.

      --
      You can never go home again... but I guess you can shop there.
    14. Re:Pot kettle by Mr2001 · · Score: 2, Insightful

      I agree that multi-issue bills are a problem, but I think it's better to just not pass a mixed-bag bill than to live with the results of it.

      Unfortunately, that also makes great fodder for one's political opponents. "Look, he voted against the Ice Cream For Orphans (And Some Other Stuff) Act! Why does he hate children so much?"

      --
      Visual IRC: Fast. Powerful. Free.
    15. Re:Pot kettle by bill_kress · · Score: 2, Insightful

      They put emotional issues in those bills, like "Ban child murder", then when you vote against it, you are pro killing children.

      I don't know that this is the case with this bill. I believe I heard that GWB was actually threatening to veto some other bills critical to the dems if it wasn't passed, and I think democrat party leadership was therefore exerting pressure as well.

      Honestly I hate dems as much as republicans. These days I'll vote on a democrat for president, but then every single person, down the line, from judges to school administrators to senators, I vote independent wherever it's possible, Green, Libertarian, heck--for a city/state position I'd probably vote for someone running on a communist ticket before a republicrat.

    16. Re:Pot kettle by anwaya · · Score: 5, Interesting

      Until Obama and other Democratic congress critters gave in to the Bush Administration and telco lobbying this summer, the Foreign Intelligence Surveillance Act (FISA) outlawed wiretaps without a warrant, and had done for over 30 years. The rules were well-known to the telcos and their attorneys.

      Several telcos were asked to break the law by the Bush Administration; one, Qwest, responded by asking for documentation that the request was constitutional. It was not provided, and they did not tap. They were also excluded from certain lucrative federal contracts.

      Consider the AT&T Fulsom Street tap: all traffic passing through AT&T's Fulsom Street, SFO CO passed through a splitter into a room controlled by the Feds. Consider that an individual unwarranted wiretap has a $1500 penalty, and multiply that by the number of customers whose traffic they carry in a day.

      Why do you think the telcos lobbied for immunity?

      Why are they paying for the Democratic convention in Denver?

    17. Re:Pot kettle by jcr · · Score: 4, Insightful

      And what of Obama's support for illegal wiretapping indemnity?!?

      One thing to keep in mind about the two wings of the Ruling Party, is that they will lament each others' abuse of power, but never take any steps to reduce the power of any federal office, because they hope to be in a position to abuse that power themselves come the next election cycle.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    18. Re:Pot kettle by Rei · · Score: 4, Interesting

      And what of Obama's support for illegal wiretapping indemnity?!?

      Right! As you so astutely observe, there's absolutely no difference between caving in to an authoritarian policy when under intense political pressure and drafting said policies with the plan of getting them passed via creating said political pressure.

      --
      Rock Us, Dukakis.
    19. Re:Pot kettle by Zeinfeld · · Score: 3, Insightful
      Ignorance of the law -or the constitutionality of U.S. government requests- is no excuse.

      Ignorance is one thing, getting a statement from government lawyers telling you that something is legal is something else. Even a statement from their own in-house counsel would provide some degree of protection as the FISA statute requires intent.

      That is why John Yoo's torture memo was so disgusting, it quite probably gives a legal indemnity to the people who committed torture.

      Fortunately, there is still a check. John Yoo became an accessory to the torture when he wrote the memo and he is not able to rely on his memo to provide him with an indemnity. It is still going to be very hard to prosecute him but not necessarily impossible.

      Substituting the government lawyers for the telcos as the defendants in the wiretap case sounds like an excellent swap to me!

      --
      Looking for an Information Security student project suggestion?
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    20. Re:Pot kettle by CorporateSuit · · Score: 2, Funny

      I, for one, would ask them if their suits were waterproof. If they asked "why" I'd say something to the effect of "Otherwise, you might want to change your clothes before you go jump in the lake" and tell them, in no uncertain terms, to leave the property.

      Being confrontational with imposing authority is a family trait. Outward threats, of course, only make it worse. There are places for teachers, but not for bullies.

      --
      I am the richest astronaut ever to win the superbowl.
    21. Re:Pot kettle by Chris+Burke · · Score: 3, Insightful

      One who cared about the rule of law.

      Next dumb question?

      --

      The enemies of Democracy are
    22. Re:Pot kettle by rcw-home · · Score: 2

      They put emotional issues in those bills, like "Ban child murder", then when you vote against it, you are pro killing children.

      Then make it your platform to vote against any duplicitously-titled bill too.

      I believe I heard that GWB was actually threatening to veto some other bills critical to the dems if it wasn't passed,

      Who cares. He won't be in office forever. If a bill is a good idea and it's written properly and it has widespread support, it'll eventually get passed, regardless of who's wiping who else's whatever. Maybe that means a politician won't be able to take credit for something this election year. You know what? We voted them in so they could think about our legacy, not theirs.

    23. Re:Pot kettle by ScrewMaster · · Score: 4, Insightful

      Hmm. Perhaps people (read: corporations) who have an entire army of lawyers at their disposal?

      Hmm. Perhaps people (read: corporations) who have an entire army of congress critters at their disposal?

      Actually ... you're both right.

      --
      The higher the technology, the sharper that two-edged sword.
    24. Re:Pot kettle by Moryath · · Score: 2, Informative

      gleefully? hardly, that was a long battle. Incidentally, the intent of the DMCA is a good one.

      The road to hell is paved with good intentions. And the bones of those who were too enamored of their own good intentions to see the evil they were doing.

      "Republicans and Democrats seem to hate that pesky "free speech" thing when their problems are being exposed."

      Irrelevant. Which one passes laws to prevent it? why, it's republicans.

      Funny - seems to be the Democrats being the ones trying to ramrod the old "fairness doctrine", which was one of the worst anti-1st-amendment bits of nonsense we ever had around on the books, back into law. And of course, it's the Democrats who are usually the ones trying to outlaw the free speech of anyone who opposes them as "racist" or "sexist."

      No, McSame will be bad for this country. Very bad. He will be surrounded by many of the same people advising Bush now.

      You still have yet to convince me that letting Obama (who will have advisers and policies the likes of Jimmy Carter's presidency) in the White House at the same time the Democrats hold the Congress, is a good idea.

      Your only thing against Obama is that he is from Chicago, and the politics in Chicago are corrupt.

      No, my "thing" against Obama is that I've personally witnessed his corruption.

      My other "thing" is that I prefer not to let EITHER party control both the Congress and the Presidency. It's supposed to be "Checks and Balances" after all. I voted Bush in 1992 (because the Dems had Congress), but I voted Clinton in 1996, Gore in 2000, and Kerry in 2004 (pathetic as Gore and Kerry were) because the Republicans had control of Congress.

      You let the Republicans have control of everything, they fuck the little guy over by letting abusive corporations run around with no restraint. You let the Democrats have control of everything, and they fuck the little guy over by taxing the so-called "rich" heavily and we watch all that cost get passed right down the chain. You make sure neither party has complete power, and we MIGHT just have a shot at turning things around - although it's been getting fuck-all harder to tell the two parties apart as the years have gone by.

    25. Re:Pot kettle by witherstaff · · Score: 2, Informative

      Where's the second chances for those hurt by illegal actions? Qwest told the feds to screw themselves if they didn't have a warrant. This cost Qwest a 2 billion dollar Pentagon contract. We should feel sorry and give a pass to major players in the legalized monopoly which is the telecommunications industry?

      A second chance would be to claim in a trial that it wasn't their fault, it was the suits. Then if the telcos lost some lawsuit, sue the suits who asked them to knowingly break the law for whatever damages they've incurred.

      When Pelosi said impeachment was off the table I guess she meant the Dems were to give complete and utter immunity to any legal problems the white house may have been at the heart of.

    26. Re:Pot kettle by dwarg · · Score: 5, Interesting

      Only one major corporation refused to go along with Bush's little wiretapping plan, Qwest. The CEO of Qwest, at that time, just happens to be in jail now (theoretically for a backdating scandal). During his trial and in his counter suit he claimed not only that he was being punished for not cooperating with the Patriot Act, but that the wire tapping system was being implemented by NSA 7 months before 9/11.

      Most people dismissed his claims assuming he was grasping at straws, trying to stay out of jail. But employees at several other telcos have confirmed his story.

    27. Re:Pot kettle by Rei · · Score: 2, Insightful

      Compare that endorsement to:

      "Vote for me! My principles *include* supporting authoritarian spy laws."

      --
      Rock Us, Dukakis.
    28. Re:Pot kettle by ericspinder · · Score: 2, Interesting

      did you miss the legislation that almost passed between '92 and '94?

      There was one piece of legislation you should be referring to theOmnibus Budget Reconciliation Act of 1993. Which was fiscal responsibility at it's core, as it included both tax increases and spending decreases. It can be directly traced to the balanced budget as you can see in this 1998 CBO report 'WHAT CAUSED THE 1998 SURPLUS?--CBO'S EXPLANATION'. You might find that the effect of the Republican congresses was a gain of 11 billion in spending. Many such as yourself actually credit legislative gridlock with the budget surplus, when in reality it was this really tough bill which produced the surplus. I'll agree that the top end was a little high, but it did the trick, until Bush got in office and decided to finish his Dad's war, while putting money in his supporter's pockets.

      I blame the Republicans for not scaling back wasteful government programs when they had the chance...Now if you're willing to take your blinders off and have an informed conversation, we can do that.

      I submit to you, that you, sir, are the one with blinders. They never take the chances they have to reduce spending, or balance the budget, or build nuclear power plants, or reduce foreign oil. For all their talk about government being the problem rather than the solution Republican's sure do love to add federal jobs and contracts (especially contracts). Even Roe v. Wade is still law even though there should be a supreme court which would overturn it in a second. The fact that every couple of years, they keep fooling people into believing the same platform they couldn't (or maybe wouldn't) deliver on, is amazing. The fact that people such as yourself continue to spout out Republican Lore as if it's the truth would be funny, if it weren't for the seriousness of the problems we face.

      --
      The grass is only greener, if you don't take care of your own lawn.
  2. Not the first, not the last by Zeinfeld · · Score: 4, Informative

    Phil is not the first person to feel that they have been deliberately misquoted by Declan 'make it up' MuCullagh, he probably won't be the last.

    --
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  3. Declan has done this before by prakslash · · Score: 4, Interesting

    For some reason, Declan thrives on trashing Dem candidates and gaining publicity for it.

    Declan was responsible for the media misinterpretation of Al Gore's statement that he "took the initiative in creating the Internet."

    McCullagh himself once claimed that "If it's true that Al Gore created the Internet, then I created the 'Al Gore created the Internet' story

    1. Re:Declan has done this before by Zeinfeld · · Score: 3, Interesting
      Gee. Maybe Declan is a Republican.

      Actually he is a libertarian, he once told me that he was just interested in knocking down both sides.

      His original piece was classic Declan: he used references to two previous non-stories he wrote to create another non-story. The C-Net rankings he referred to were a piece he wrote himself as was his complaint about not being allowed to attend the invitation only W3C workshop on use of the Web in government.

      --
      Looking for an Information Security student project suggestion?
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  4. Re:The actual quote by NiceGeek · · Score: 2, Funny

    That's because they don't understand how to use computers, let alone how to get on the Internet.

  5. Exaggerate much? by Adrian+Lopez · · Score: 5, Insightful

    Here is what McCullagh said: "Biden's bill -- and the threat of encryption being outlawed -- is what spurred Phil Zimmermann to write PGP, thereby kicking off a historic debate about export controls, national security, and privacy. Zimmermann, who's now busy developing Zfone, says it was Biden's legislation "that led me to publish PGP electronically for free that year, shortly before the measure was defeated after vigorous protest by civil libertarians and industry groups."

    I think Zimmermann is reading too much into the words above. I just don't see how that can be interpreted as saying that Zimmermann opposes Biden himself.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    1. Re:Exaggerate much? by clyh · · Score: 2, Insightful

      I just don't see how that can be interpreted as saying that Zimmermann opposes Biden himself.

      Easy, the context of the whole article. Most readers just read in the general tone of an article without critically seeing if the facts presented support the case being made. They see "watch out, the democratic vp candidate is bad for tech". Then they see our hero Phil as being in agreement with the article. But Phil's response points to the political reality of the far greater evil. He is countering the very unbalanced article where he was quoted. The quote is out of context as Phil said, being about the bill in 1999, with Declan placing Biden's name next to the quote to make it seem personal and relevant. It is out of context and not relevant as it is very different from what Phil does say concerning tech issues in this election.

  6. When someone has been in the senate 30 years by Cajun+Hell · · Score: 4, Insightful

    When someone serves in the Senate for 30 years, we have to..

    assume they have been bought and sold so many times, that they don't really have any position on any issue. If they were your foe 15 years ago, that doesn't mean they're your foe today. Nor your friend.

    --
    "Believe me!" -- Donald Trump
    1. Re:When someone has been in the senate 30 years by Creepy+Crawler · · Score: 2, Insightful

      I'd trust them if they were dead.

      Then they wouldnt be telling lies.

      --
  7. Re:Obama - Biden by nyet · · Score: 2, Informative
  8. McCullagh was right by Just+Some+Guy · · Score: 5, Informative

    Declan's quote from me is out of context because it does not make it clear that I never mentioned Biden in my original quote at all when I wrote about Senate Bill 266.

    Speaking of misquoting, here's what McCullagh actually wrote:

    Biden's bill -- and the threat of encryption being outlawed -- is what spurred Phil Zimmermann to write PGP, thereby kicking off a historic debate about export controls, national security, and privacy. Zimmermann, who's now busy developing Zfone, says it was Biden's legislation "that led me to publish PGP electronically for free that year, shortly before the measure was defeated after vigorous protest by civil libertarians and industry groups."

    Here "Biden's legislation" is "Senate Bill 266". So Zimmermann really did say that it was a law, proposed and advanced by Sen. Biden, that led him to preemptively publishing PGP.

    The paragraph quoted above is correct in fact and in spirit. I'm not exactly sure what Zimmermann is opposed to. While I'm blissfully ignorant of who this McCullagh guy is outside of the recent Slashdot stories about him, I'd say he's right at least this one time.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:McCullagh was right by Just+Some+Guy · · Score: 2, Informative

      What's so confusing here?

      The fact that Zimmermann's on record as being against Biden's legislation, which is all that McCullagh ever said in the first place.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:McCullagh was right by Just+Some+Guy · · Score: 3, Insightful

      Not to mention:

      • WTF?

      If you get bored sometime, read Zimmermann's Senate testimony regarding Senate Bill 1726. It's lucid and eloquent, and he names names:

      Recently, we've seen the images and sounds of the Rodney King beatings, Detective Mark Fuhrman's tapes boasting of police abuses, and the disturbing events of the Ruby Ridge case. And now Congress and the Clinton administration seem intent on passing laws curtailing our civil liberties on the Internet. At no time in the past century has public distrust of the government been so broadly distributed across the political spectrum, as it is today.

      The Clinton Administration seems to be attempting to deploy and entrench a communications infrastructure that would deny the citizenry the ability to protect its privacy. This is unsettling because in a democracy, it is possible for bad people to occasionally get elected-- sometimes very bad people. Normally, a well-functioning democracy has ways to remove these people from power. But the wrong technology infrastructure could allow such a future government to watch every move anyone makes to oppose it. It could very well be the last government we ever elect.

      Now, I can totally understand something along the lines of "I believe that their positions have changed", or "I still disagree, but McCain's stance is even worse". But he cautiously backpedal against senate testimony were he says that legislation of the sort that Biden drafted "could allow such a future government to watch every move anyone makes to oppose it. It could very well be the last government we ever elect." I just don't get it. Zimmermann's always kind of been a hero of mine. What happened to make him back off so strongly?

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:McCullagh was right by Just+Some+Guy · · Score: 2, Informative

      Neither I nor McCullagh ever said that Zimmermann disliked Biden. Seriously, re-read McCullagh's words.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:McCullagh was right by R2.0 · · Score: 2, Insightful

      "I'm not exactly sure what Zimmermann is opposed to."

      Zimmerman is opposed to the possibility of McCain being elected. Therefore, he is pretending that "Biden the VP candidate" is somehow not the same as "Biden the sponsor of the bill he opposed".

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
  9. Attributing comments by Wowsers · · Score: 2, Insightful

    Maybe Phil should have digitally signed his original comment :-)

    --
    Take Nobody's Word For It.
  10. The fight isn't over! by Anonymous Coward · · Score: 2, Insightful

    I'm no fan of the immunity. Far from it. But you do realize that that bill was going to pass even without him, right? And Obama did try to remove that part of the bill.

    But there were enough Republicans & "blue dog" Democrats in this election year that they would have been painted as "terrorist sympathizers" for voting against FISA at all (indeed, that is exactly what the right-wing forums tend to call them).

    And it doesn't help that McCain wholeheartedly supports this. He voted for FISA before he voted against it, and he's supported it many, many times on the campaign trail.

    Finally, it's not over. The EFF is now suing the government directly. I'm not happy with this state of affairs, but Obama is still the better of the two when it comes to this issue.

    1. Re:The fight isn't over! by Zeinfeld · · Score: 4, Interesting
      Finally, it's not over. The EFF is now suing the government directly. I'm not happy with this state of affairs, but Obama is still the better of the two when it comes to this issue.

      Bingo,

      The EFF could not sue the government directly before as the government was claiming that all the information was classified.

      Now we have the necessary proof that the illegal conduct occurred and that it was authorized by the government officers. That was the objective from the start.

      The suits against the telcos are not completely over yet, nor will they be over until the next government takes office. The EFF will continue to litigate them in order to prevent the destruction of the evidence.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:The fight isn't over! by Myshkin · · Score: 3, Insightful

      You say the bill would have passed without him, like he only had a single vote to use. That is incorrect. He had a single vote, and one of the most effective bully pulpits we've seen in this country in a long time. He should have turned it into a campaign issue and beat McCain over the head with his cow towing to big corporate interests for the rest of the campaign. I was really hoping for more of a fighting spirit from the guy.

    3. Re:The fight isn't over! by joggle · · Score: 2, Insightful

      He should have turned it into a campaign issue and beat McCain over the head with his cow towing to big corporate interests for the rest of the campaign.

      It's probably a hard argument to make. McCain's people probably could find plenty of other bills that Obama has voted in favor of that support various corporate interests (this could probably be done for any senator) and respond with an attack ad to the effect that he's being a hypocrite and also not being tough on terrorists as well. Given that after 9/11 polls showed many (the majority?) Americans were indifferent at best about terrorist suspects being tortured I'm not sure how well Obama could counter such an ad.

      I think his initial attempt to remove that provision was genuine but he's also a smart enough politician to know to pick his battles wisely.

      On a side note: way to go Qwest for not cow-towing to the government and refusing their illegal wire tapping requests. Probably the one and only thing Qwest has ever done right but still, kudos to you!

  11. How Many Left-Leaning Geeks Care by Apple+Acolyte · · Score: 5, Interesting

    that Biden is a shill for the media cartels who also hates encryption and Net Neutrality? To wit: Joe Biden Loves RIAA Biden loves RIAA, FBI tech Biden: Pro-Copyright Friend of RIAA, MPAA

    --
    Part of the hardcore faithful who believed in Apple long before it was cool again to do so
  12. On Biden by Anik315 · · Score: 5, Insightful

    Biden's political record is fairly typical of strong government Democrats. It's really the Republicans who are supposed to be more on the side of smaller government and stronger civil liberties.

    Unfortunately, Republicans largely have abandoned their libertarian positions. They have deregulated the economy, but it has led to a financial disaster in the banking and housing sectors.

    Had the Republicans taken a stronger stand on civil liberties while advocating a well regulated economy with noninflationary fiscal policies, and consistently low-interest monetary policies, they would not be in the situation they are in right now.

    1. Re:On Biden by mosb1000 · · Score: 2, Funny

      "Had the Republicans taken a stronger stand on civil liberties while advocating a well regulated economy"

      They would be democrats.

      P.S. If you don't have economic freedom, you don't really have civil liberties. Have you ever heard someone say "they should legalize drugs and then tax and regulate them?" They might as well not say anything. I don't want to buy some government bureaucrat a limousine every-time I want some mary-jane. What is the point of that?

  13. McCullagh misquoting! by 99luftballon · · Score: 4, Funny

    Shock! Horror! Next we'll be hearing of ursine defecation in arboreal settings.

  14. Re:It won't matter to the Dems by Zeinfeld · · Score: 2, Insightful
    Declan's worldview seems to be "Let me make up a whole bunch of shit about other people so I can sell copy/ads without any regard for the truth." If we're to take him as a proper representative of the Libertarians, then the Libertarians deserves to remain a fringe group. (Btw, I don't think we should take Declan as a proper representative of all Libertarians - I know some of them who are capable of making intelligent and honest assessments. Declan swims in similar waters as Ann Coulter.)

    I don't think he is really thinking about how to sell ads, the Ann Coulter comment is more on target.

    Declan is a libertarian, not a Libertarian. I would certainly not consider him a partisan booster for anything other than himself and his own career.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  15. Republican Examples? by weston · · Score: 3, Insightful

    Actually he is a libertarian, he once told me that he was just interested in knocking down both sides.

    Perhaps someone in the know could bolster this claim with examples of his hit pieces on Republicans.

    Not that the absence of these things means he's necessarily a Republican. Many economic libertarians -- especially the capital-L sort that genuinely believe that markets are the transcendant mediating social institution -- tend to see the Democrats as the greater of two evils because Dems have a greater tendency to also see state/public institutions as part of the toolset of active policy, while Republicans tend to at least pay lip service in opposition to this.

    At any rate, the problem with knocking down both sides is that human society really doesn't allow for a power vacuum. You create something else to fill it first, or you reckon with the unintended consequences of whatever emerges. And you either have private power checked only by other private power, or you come up with a mediating public social institution. I'd be fascinated to hear what Declan's particular proposal is, if he's not so busy manipulating things that he's taken the time to genuinely think things through.

  16. First time I became aware of Joe Biden... by jcr · · Score: 2, Interesting

    Was back in the mid-1980s, when he was beating the drum for protectionism to keep TI and Intel in the DRAM business. His plan was basically to fuck over the entire computer industry to protect two vendors from competitors who were doing a far better job. He's why we had that period of memory prices actually going up for a short while. That's when I decided he was a pig-ignorant, big-government interventionist that we'd all be far better off without.

    In the years since then, he's been one of the assholes who promoted the DMCA, he voted for the Iraq war and the Patriot act, (in fact, he bragged quite a bit at the time that the patriot act was based on a similar attack on the bill of rights that he'd written shortly after the Oklahoma City attack.)

    So, when faced with his first major decision, the guy spewing all this hogwash about "change we can believe in" chooses an apparatchik who's spent half of his life in the senate, voting for anything that could possible increase the power of the federal government.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  17. Phone companies aren't violating the Constitution by panaceaa · · Score: 4, Informative

    What part of the constitution are you saying the CORPORATIONS violated? People's right against unreasonable searches and seizures? Because that's not something the corporations are violating -- they already have data. They don't need to search you for it. What may be unlawful on the side of the phone companies is that they gave out private information, which maybe that violates privacy laws, but it's not what the 4th amendment is talking about. The 4th amendment specifies what the government is not allowed to do.

  18. Re:That's absurd. by ThanatosMinor · · Score: 5, Insightful

    Fighting terrorists is like getting hit by a woman. If she hits you like a man, you hit her back like a man. If a terrorist hits you like a nation state, then you hit them back, like a nation state. That means, no courts, no tribunals, only war and death for them.

    So yeah, I would almost agree that the torture of three Al Qaeda operatives was bad morally. We should have killed them on site!

    And who decides what the line is between "criminals" who get a day in court and "terrorists" who you feel should be shot on sight? You? George Bush? Whoever has the gun?

  19. Re:That's absurd. by Grave · · Score: 3, Insightful

    You, my good sir, are the one living in a fantasy world. By attacking "terrorists" as if they are a nation state (which they are NOT, by any definition I've ever read), you create more terrorists. You cannot end terrorism strictly by killing those who are terrorists. Their deaths will only cause more people to become angry at the US, and turn to terrorism.

    Nobody in the Democratic leadership has suggested we "cut a deal with radical Islam". If you can cite a source for your claim, please do. Nobody has suggested we negotiate with al Qaeda. We do not negotiate with terrorists, and never will. Perhaps you are confused by the suggestion by Jimmy Carter that we allow Hezbollah to negotiate as part of a peace deal with Israel. This is unfortunately a misunderstanding created by a lack of in-depth reporting by the general US media on Hezbollah. They are not really a terrorist organization as it is traditionally thought of, as they are actually a fairly large political party in Lebanon (see: http://en.wikipedia.org/wiki/Hezbollah ).

    The compromises you seem to speak of, such as trials for captured al Qaeda operatives, are not compromises. Those things are part of our Constitution, part of the Geneva Convention, and part of long-established international law. The real compromise was the decision NOT to treat these prisoners under our own rule of law, and this was a compromise against our very premise as a country. It was and is an unacceptable compromise. You seem to take a short-term view that a little compromise is ok, but you seem to forget that the longer term is more important. The way to defeat terrorism is to end the reason for there to be terrorists -- our inept foreign policy has created most of them. The other way--killing them all--will require total nuclear warfare, because quite simply, the more people you kill in the name of ending terorism, the more people you enrage, and thus eventually the world turns against you. At what point do you realize that an eye for an eye does indeed leave the whole world blind?

    I'm not saying we shouldn't have gone in to Afghanistan, because we directly requested that Osama Bin Laden and his top leadership be handed over for trial. The Taliban refused, and thus made themselves culpable in the acts of these terrorists. Some terrorists do have to die. But we must recognize that there are limits to this, and that we must remain in adherence with the law when we do use the military for this purpose, or we become the very thing we are trying to defeat.

  20. Go by the size of the armaments. by tjstork · · Score: 2, Funny

    And who decides what the line is between "criminals" who get a day in court and "terrorists" who you feel should be shot on sight? You? George Bush? Whoever has the gun?

    That's a pretty damned good question, I'll give you that.

    How about this. IF we say that someone who has a rifle is a criminal, they get tried like a criminal, but if they are coming at you with a big bomb of some kind, you kill them.

    The thing about terrorism is that it's just a function of technological advance. It used to be that you had to have a nation state to wage a war, but now, just like anyone can print 100 books at home, anyone can start a war. So, I would say, if they've got a big ass bomb, then yeah, you just assume the declaration of war and kill them. If they got a pistol and are just shooting up a 7-11 to get some crack, they get a trial and jail. IT's two entirely different things.

    The weapon of choice determines the scale. Crime - little weapons - terrorists - big weapons, get it?

    --
    This is my sig.
    1. Re:Go by the size of the armaments. by tjstork · · Score: 3, Insightful

      So...guys who say, are only using boxcutters when they try to take over a plane, we treat them as criminals?

      Actually, yes. 9/11 wouldn't have happened if they just had better doors on the plane and if the pilot had a piece. Guys with boxcutters, lock the door, dive the plane and shake the terrorists about. Land. Let the cops come in. No 9/11, no need for the war(s).

      But once the plane was used as a weapon, well, that's a big boy bomb, and big boy bomb rules apply.

      --
      This is my sig.
    2. Re:Go by the size of the armaments. by NateTech · · Score: 3, Insightful

      Lock the door until they take hostages. Then what? Knowing what we know now, leave it closed. Back then? Tough to say.

      Before anyone knew they'd be bold enough to fly planes into buildings, that door had no reason to be seriously bolted. Let's not make up a utopia where people knew it was coming, okay?

      Otherwise you trivialize the decisions that would (and did) have to be made that day. Those on board Flight 93 figured it out and paid dearly -- of their own choice.

      All you've pointed out is that hindsight is 20/20. Big fat duh, to you sir. Congrats. It's not a good argument for the current thread you're replying to. Try again.

      --
      +++OK ATH
    3. Re:Go by the size of the armaments. by bennomatic · · Score: 3, Insightful

      You're so right. It's good that we went after Saddam Hussein, because his weapons of mass destruction were pointed right at us!

      Joking aside, what do you think the world community should do about a superpower that's lost its standing and is resorting to bullying in order to maintain some control in this fast-changing world? And I wasn't talking about Russia, but you're welcome to answer as if I were.

      --
      The CB App. What's your 20?
  21. Re:That's absurd. by bluefoxlucid · · Score: 2, Insightful

    And who decides what the line is between "criminals" who get a day in court and "terrorists" who you feel should be shot on sight? You? George Bush? Whoever has the gun?

    Constitution say, US Citizens have rights. Foreign POWs, foreign invaders, and foreign asshats on foreign soil bringing foreign bombs to soldiers deployed in foreign countries don't.

  22. Re:We are all nation states now. by A+nonymous+Coward · · Score: 5, Insightful

    I don't believe that our foreign policy created terrorists.

    Good grief you are living in a fantasy world. What do you think the Iranians thought when the US installed the Shah in 1954? What do you think the Kurds and Shiites thought when the US provided the chemicals used to make the poison gas he attcked them with? What do you think all Latin Americans thought when the US installed governments friendly to them and their banana corporations, over and over again?

    Anyone with even a modicum of knowledge of history could come up with numerous examples of the US setting up governments contrary to local wishes. To not see the resentment that brings, and the "terrorists" that creates, is willful ignorance sufficient to qualify you for a position in the Bush regime.

  23. Re:That's absurd. by mshomphe · · Score: 4, Funny

    Fighting terrorists is like getting hit by a woman.

    *slow clap*
    Bravo. You crammed enough misogyny and stupid into your first sentence to qualify for a cabinet position in the current administration. Or you're joking. Either way, keep posting. That was hilarious.

    --
    She sat at the window watching the evening invade the avenue.
  24. Re:Phone companies aren't violating the Constituti by ishobo · · Score: 5, Insightful

    What may be unlawful on the side of the phone companies is that they gave out private information, which maybe that violates privacy laws, but it's not what the 4th amendment is talking about. The 4th amendment specifies what the government is not allowed to do.

    Unless the phone companies were acting as agents of the government.

    --
    Slashdot - The great and glorious cluster fuck of Internet wisdom.
  25. Re:If that is the case... by A+nonymous+Coward · · Score: 4, Insightful

    What a stretch. Your whole bizarre argument rests on thinking of Iraq as having a functioning democracy.

    The government there, which has only the outward appearance of a democracy, stays in place only as long as the US bleeds for it. Democracy cannot be imposed from the outside. It has to come from the people themselves. As long as any government is propped up by outsiders, it is not a government of its own people, and is not a functioning government, let alone a functioning democracy.

  26. Re:That's absurd. by Colonel+Korn · · Score: 2, Interesting

    I've read enough of your police state + compromise with Islam crap in the UK and I can see that it is absolute crap. You can turn London into Al London if you like, but I prefer Washington DC to stay Washington DC, and if the Muzzies don't like it, then fuck them. They've already shit up their own part of the world and can't even put together a meaningful economy despite loads of oil money, and we're supposed to adopt elements of that failed culture?

    Get real.

    The economy of their part of the world was "shit up" by an elite few, usually backed by larger richer nations, often the United States. That's one of the reasons that terrorists exist at all. Poverty and a perception of exploitation and disdain from America creates terrorists. For every terrorist killed in Iraq, we're making 10 more who will show up in 10-30 years. Doing smaller, targeted, not publicized operations is the only military option than would actually make progress.

    If or when the Chinese start to call in their debts on America and the economy here starts to tank on a level that makes the current downturn seem laughable, idiots here will start taking up the same sort of views that idiots in say, Iran, have now. If an American terrorist group attacked China and blew up a building, and the Chinese in response occupied the western United States, you and your buddies, along with a lot of other poorly educated, quick tempered people will be motivated to become terrorists yourselves. Then maybe you'll have a more nuanced perspective on today's radical Islam.

    --
    "I zero-index my hamsters" - Willtor (147206)
  27. Re:That's absurd. by Zeinfeld · · Score: 2, Insightful
    You need to stop pretending that terrorism is a criminal act. Criminals don't seek to destroy a government or a people - as they ultimately are a sort of parasite that needs its host to live. Terrorists want to destroy the state and take over.

    You need to stop the histrionics and start thinking.

    West Germany and Great Britain both faced a terrorist threat in the 1970s. The West Germans responded treating the issue as a criminal matter and were very successful in containing the Baader-Meinhof gang. The British government responded with Bush style tactics and the problem only grew worse.

    The British only began to be successful in rolling back the IRA when they started treating them as criminals. The IRA realized this and began campaigning for the British to treat them as political prisoners, not common criminals. Bobby Sands starved himself to death trying to stop the British government calling him a common criminal.

    The war on terror campaign is completely counterproductive. It promotes Bin Laden to the status of a nation state. You go to war with countries, not criminals. And stop calling him a Jihadi and start calling him a hirabi instead.

    Any fool can make tough talk about 'dead or alive', the fool in the white house has engaged in trash talk for the past seven years. But none of it has had any effect. Bin Laden is still alive, so is Al Zawahiri who is the real brains of the outfit.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  28. Re:If that is the case... by Hal_Porter · · Score: 2

    I think the blame America school of thinking is one of the main reasons that the Democrats lose elections. Certainly if I were an American I'd find it pretty hard to vote for them while they spout this sort of nonsense.

    Sure the US makes mistakes, but claiming that US policy is the root of all evil seems like inverted nationalism to me. It's also grossly simplistic.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  29. Re:That's absurd. by deathtopaulw · · Score: 2

    Except they don't want our stuff. They want us out of their affairs, and to stop babying Israel. I say give it to them.

  30. Re:If that is the case... by A+nonymous+Coward · · Score: 3, Insightful

    If installing a faux democracy in Iraq has reduced terrorism, why are there more terrorists in Iraq now than before under Saddam?

  31. Re:If that is the case... by tjstork · · Score: 3, Funny

    If installing a faux democracy in Iraq has reduced terrorism, why are there more terrorists in Iraq now than before under Saddam?

    Whose to say that they weren't there under Saddam, just, they were working for him. You know, gassing the kurds and shiites with American weapons, as you so fondly pointed out earlier.

    --
    This is my sig.
  32. Re:That's absurd. by sm62704 · · Score: 5, Insightful

    Fighting terrorists is like getting hit by a woman. If she hits you like a man, you hit her back like a man.

    The only man who hits a woman is a coward and a cad. Only a coward hits anyone at all for any reason. A moral person (or nation) doesn't stoop to the actions of an amoral cad.

    You need to stop pretending that terrorism is a criminal act.

    There is no pretense; it is a criminal act. The US is supposed to be a nation of laws. To have the government ignore its own law is to invite anarchy.

    You and your kind keep intimidating that the best course for the USA is to cut some sort of a deal with radical Islam

    No, the best course for the USA is to not stoop to their level, nor to ignore our own morality. The best course for the USA is to grow a spine and stop fearing these assholes. They are practically harmless; every year, more Americans are murdered by friends and relatives than were murdered by Osama this entire century so far.

    Nobody that I know of has EVER said we should compromise with them. Your straw man is oin fire, fool.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  33. Re:If that is the case... by Prien715 · · Score: 2, Insightful

    Leaving Iraq won't reduce terrorism for the simple reason you can't un-break an egg.

    A few years ago we decided to support a country fighting against those "commies" by sending troops money etc. with promises we'd help them rebuild. After they won, we had no use for them, so we pulled out leaving them devastated and poor. The religious right in the country preyed on their new-found hatred of the broken American promise...and the Taliban was born from our former allies whom we left standing at the alter.

    I was against the war in Iraq before it started. But there's an old slogan "You break it, you buy it" -- and we broke Iraq. To me, the only correct policy in Iraq involves a stable government at least not as bad as the one we deposed. Or else we repeat history.

    But not breaking the egg in the first place? That's a different argument all together and one not addressed by your criticisms.

    --
    -- Political fascism requires a Fuhrer.