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2786
textfiles.com/politics/amorality.txt
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2786
textfiles.com/politics/amorality.txt
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115
textfiles.com/politics/anapolis.cvn
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115
textfiles.com/politics/anapolis.cvn
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@@ -0,0 +1,115 @@
|
||||
THE ANNAPOLIS CONVENTION
|
||||
|
||||
Proceedings of the Commissioners to Remedy Defects of the Federal Government,
|
||||
Annapolis in the State of Maryland. September 14, 1786
|
||||
|
||||
To the Honorable, The Legislatures of Virginia, Delaware, Pennsylvania, New
|
||||
Jersey, and New York.
|
||||
|
||||
The Commissioners from the said States, respectively assembled at Annapolis,
|
||||
humbly beg leave to report.
|
||||
|
||||
That, pursuant to their several appointments, they met, at Annapolis in the
|
||||
State of Maryland on the eleventh day of September Instant, and having proceeded
|
||||
to a Communication of their Powers; they found that the States of New York,
|
||||
Pennsylvania, and Virginia, had, in substance, and nearly in the same terms,
|
||||
authorized their respective Commissions "to meet such other Commissioners as
|
||||
were, or might be, appointed by the other States in the Union, at such time and
|
||||
place as should be agreed upon by the said Commissions to take into considera-
|
||||
tion the trade and commerce of the United States, to consider how far a uniform
|
||||
system in their commercial intercourse and regulations might be necessary to
|
||||
their common interest and permanent harmony, and to report to the several States
|
||||
such an Act, relative to this great object, as when unanimously by them would
|
||||
enable the United States in Congress assembled effectually to proved for the
|
||||
same."...
|
||||
|
||||
That the State of New Jersey had enlarged the object of their appointment,
|
||||
empowering their Commissioners, "to consider how far a uniform system in their
|
||||
commercial regulations and other important matters, mighty be necessary to the
|
||||
common interest and permanent harmony of the several States," and to report such
|
||||
an Act on the subject, as when ratified by them, "would enable the United States
|
||||
in Congress assembled, effectually to provide for the exigencies of the Union."
|
||||
|
||||
That appointments of Commissioners have also been made by the States of New
|
||||
Hampshire, Massachusetts, Rhode Island, and North Carolina, none of whom,
|
||||
however, have attended; but that no information has been received by your
|
||||
Commissioners, of any appointment having been made by the States of Connecticut,
|
||||
Maryland, South Carolina or Georgia.
|
||||
|
||||
That the express terms of the powers of your Commissioners supposing a deputa-
|
||||
tion from all the States, and having for object the Trade and Commerce of the
|
||||
United States, Your Commissioners did not conceive it advisable to proceed on
|
||||
the business of their mission, under the Circumstances of so partial and
|
||||
defective a representation.
|
||||
|
||||
Deeply impressed, however, with the magnitude and importance of the object
|
||||
confided to them on this occasion, your Commissioners cannot forbear to indulge
|
||||
an expression of their earnest and unanimous wish, that speedy measures be
|
||||
taken, to effect a general meeting, of the States, in a future Convention, for
|
||||
the same, and such other purposes, as the situation of public affairs may be
|
||||
found to require.
|
||||
|
||||
If in expressing this wish, or in intimating any other sentiment, your Commis-
|
||||
sioners should seem to exceed the strict bounds of their appointment, they
|
||||
entertain a full confidence, that a conduct, dictated by an anxiety for the
|
||||
welfare of the United States, will not fail to receive an indulgent construc-
|
||||
tion.
|
||||
|
||||
In this persuasion, your Commissioners submit an opinion, that the Idea of
|
||||
extending the powers of their Deputies, to other objects, than those of Com-
|
||||
merce, which has been adopted by the State of New Jersey, was an improvement on
|
||||
the original plan, and will deserve to be incorporated into that of a future
|
||||
Convention; they are the more naturally led to this conclusion, as in the course
|
||||
of their reflections on the subject, they have been induced to think, that the
|
||||
power of regulating trade is of such comprehensive extent, and will enter so far
|
||||
into the general System of the federal government, that to give it efficacy, and
|
||||
to obviate questions and doubts concerning its precise nature and limits, may
|
||||
require a correspondent adjustment of other parts of the Federal System.
|
||||
|
||||
That there are important defects in the system of the Federal Government is
|
||||
acknowledged by the Acts of all those States, which have concurred in the
|
||||
present Meeting; That the defects, upon a closer examination, may be found
|
||||
greater and more numerous, than even these acts imply, is at least so far
|
||||
probably, from the embarrassments which characterize the present State of our
|
||||
national affairs, foreign and domestic, as may reasonably be supposed to merit a
|
||||
deliberate and candid discussion, in some mode, which will unite the Sentiments
|
||||
and Councils of all the States. In the choice of the mode, your Commissioners
|
||||
are of opinion, that a Convention of Deputies from the different States, for the
|
||||
special and sole purpose of entering into this investigation, and digesting a
|
||||
plan for supplying such defects as may be discovered to exist, will be entitled
|
||||
to a preference from considerations, which will occur without being particu-
|
||||
larized.
|
||||
|
||||
Your Commissioners decline an enumeration of those national circumstances on
|
||||
which their opinion respecting the propriety of a future Convention, with more
|
||||
enlarged powers, is founded; as it would be a useless intrusion of facts and
|
||||
observations, most of which have been frequently the subject of public discus-
|
||||
sion, and none of which can have escaped the penetration of those to whom they
|
||||
would in this instance be addressed. They are, however, of a nature so serious,
|
||||
as, in the view of your Commissioners, to render the situation of the United
|
||||
States delicate and critical, calling for an exertion of the untied virtue and
|
||||
wisdom of all the members of the Confederacy.
|
||||
|
||||
Under this impression, Your Commissioners, with the most respectful deference,
|
||||
beg leave to suggest their unanimous conviction that it may essentially tend to
|
||||
advance the interests of the union if the States, by whom they have been
|
||||
respectively delegated, would themselves concur, and use their endeavors to
|
||||
procure the concurrence of the other States, in the appointment of Commis-
|
||||
sioners, to meet at Philadelphia on the second Monday in May next, to take into
|
||||
consideration the situation of the United States, to devise such further
|
||||
provisions as shall appear to them necessary to render the constitution of the
|
||||
Federal Government adequate to the exigencies of the Union; and to report such
|
||||
an Act for that purpose to the United States in Congress assembled, as when
|
||||
agreed to, by them, and afterwards confirmed by the Legislatures of every State,
|
||||
will effectually provide for the same.
|
||||
|
||||
Though your Commissioners could not with propriety address these observations
|
||||
and sentiments to any but the States they have the honor to represent, they have
|
||||
nevertheless concluded from motives of respect, to transmit copies of the Report
|
||||
to the United States in Congress assembled, and to the executives of the other
|
||||
States.
|
||||
|
||||
------------------------------------
|
||||
|
||||
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
|
||||
|
||||
943
textfiles.com/politics/animal.ing
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943
textfiles.com/politics/animal.ing
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|
||||
From mimsy!dtix!darwin.sura.net!ukma!rutgers!ub!acsu.buffalo.edu!marcotte Tue Oct 6 13:24:40 EDT 1992
|
||||
|
||||
|
||||
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
|
||||
|
||||
The following is a companion to the list of frequently asked questions (FAQ).
|
||||
|
||||
Look for the FAQ under the subject:
|
||||
|
||||
.rec.food.veg FREQUENTLY ASKED QUESTIONS LIST (FAQ)
|
||||
|
||||
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
|
||||
|
||||
|
||||
|
||||
ANIMAL DERIVED INGREDIENT LIST
|
||||
(from the National Anti-Vivisection Society's "Personal Care with Principle,"
|
||||
Spring, 1992)
|
||||
|
||||
INGREDIENTS DERIVED FROM ANIMALS:
|
||||
|
||||
A
|
||||
|
||||
Acetylated Hydrogenated Lard Glyceride
|
||||
Acetylated Lanolin
|
||||
Acetylated Lanolin Alcohol
|
||||
Acetylated Lanolin Ricinoleate
|
||||
Acetylated Tallow
|
||||
Albumen
|
||||
Albumin
|
||||
"Amerachol"(TM)
|
||||
Ammonium Hydrolyzed Protein
|
||||
Amniotic Fluid
|
||||
AMPD Isoteric Hydrolyzed Animal Protein
|
||||
Amylase
|
||||
Animal Collagen Amino Acids
|
||||
Animal Keratin Amino Acids
|
||||
Animal Protein Derivative
|
||||
Animal Tissue Extract -- Epiderm Oil R
|
||||
Arachidonic Acid
|
||||
|
||||
B
|
||||
|
||||
Batyl Alcohol
|
||||
Batyl Isostearate
|
||||
Beeswax
|
||||
Benzyltrimonium Hydrolyzed Animal Protein
|
||||
Brain Extract
|
||||
Buttermilk
|
||||
|
||||
C
|
||||
|
||||
C30-46 Piscine Oil
|
||||
Calfskin Extract
|
||||
Cantharides Tincture -- Spanish Fly
|
||||
Catharidin
|
||||
Carmine -- Cochineal
|
||||
Carminic Acid -- Natural Red No. 4
|
||||
Casein
|
||||
Castor -- Castoreum (not Castor Oil)
|
||||
Ceteth-2 -- Poltethylene (2) Cetyl Ether
|
||||
Ceteth-2, -4, -6, -10, -30
|
||||
Cholesterol
|
||||
Civet
|
||||
Cochineal
|
||||
Cod-Liver Oil
|
||||
Coleth-24
|
||||
Collagen
|
||||
Cysteine, -L-Form
|
||||
Cystine (or Cysteine)
|
||||
|
||||
D
|
||||
|
||||
Dea-Oleth-10 Phosphate
|
||||
Desamido Animal Collagen
|
||||
Desamidocollagen
|
||||
Dicapryloyl Cystine
|
||||
Diethylene Tricaseinamide
|
||||
Dihydrocholesterol
|
||||
Dihydrocholesterol Octyledecanoate
|
||||
Dihydrocholeth-15
|
||||
Dihydrocholeth-30
|
||||
Dihydrogenated Tallow Benzylmoniumchloride
|
||||
Dihydrogenated Tallow Methylamine
|
||||
Dihydrogenated Tallow Phthalate
|
||||
Dihydroxyethyl Tallow Amine Oxide
|
||||
Dimethyl Hydrogenated Tallowamine
|
||||
Dimethyl Tallowamine
|
||||
Disodium Hydrogenated TallowGlutamate
|
||||
Disodium Tallamido Mea-Sulfosuccinate
|
||||
Disodium Tallowaminodipropionate
|
||||
Ditallowdimonium Chloride
|
||||
Dried Buttermilk
|
||||
Dried Egg Yolk
|
||||
|
||||
E
|
||||
|
||||
Egg
|
||||
Egg Oil
|
||||
Egg Powder
|
||||
Egg Yolk
|
||||
Egg Yolk Extract
|
||||
Elastin
|
||||
Embryo Extract
|
||||
Estradiol
|
||||
Estradiol Benzoate
|
||||
Estrogen
|
||||
Estrone
|
||||
Ethyl Arachidonate
|
||||
Ethyl Ester of Hydrolyzed Animal Protein
|
||||
Ethyl Morrhuate -- Lipineate
|
||||
Ethylene Dehydrogenated Tallowamide
|
||||
|
||||
F
|
||||
|
||||
Fish Glycerides
|
||||
Fish Oil
|
||||
|
||||
G
|
||||
|
||||
Gelatin (not Gel)
|
||||
Glucuronic Acid
|
||||
Glyceryl Lanolate
|
||||
Glycogen
|
||||
Guanine -- Pearl Essence
|
||||
|
||||
H
|
||||
|
||||
Heptylundecanol
|
||||
Honey
|
||||
Human Placental Protein
|
||||
Human Umbilical Extract
|
||||
Hyaluronic Acid
|
||||
Hydrogenated Animal Glyceride
|
||||
Hydrogenated Ditallow Amine
|
||||
Hydrogenated Honey
|
||||
Hydrogenated Laneth-5, -20, -25
|
||||
Hydrogenated Lanolin
|
||||
Hydrogenated Lanolin Alcohol
|
||||
Hydrogenated Lard Glyceride
|
||||
Hydrogenated Shark-Liver Oil
|
||||
Hydrogenated Tallow Acid
|
||||
Hydrogenated Tallow Betaine
|
||||
Hydrogenated Tallow Glyceride
|
||||
Hydrolyzed Animal Elastin
|
||||
Hydrolyzed Animal Keratin
|
||||
Hydrolyzed Animal Protein
|
||||
Hydrolyzed Casein
|
||||
Hydrolyzed Elastin
|
||||
Hydrlyzed Human Placental Protein
|
||||
Hydrolyzed Keratin
|
||||
Hydrolyzed Silk
|
||||
Hydroxylated Lanolin
|
||||
|
||||
I
|
||||
|
||||
Isobutylated Lanolin
|
||||
Isopropyl Lanolate
|
||||
Isopropyl Tallowatelsopropyl Lanolate
|
||||
Isostearic Hydrolyzed Animal Protein
|
||||
Isostearoyl Hydrolyzed Animal Protein
|
||||
|
||||
K
|
||||
|
||||
Keratin
|
||||
Keratin Amino Acids
|
||||
|
||||
L
|
||||
|
||||
Lactic Yeasts
|
||||
Lactose -- Milk Sugar
|
||||
Laneth-5 through -40
|
||||
Laneth-9 and -10 Acetate
|
||||
Lanolin -- Wool Fat; Wool Wax
|
||||
Lanolin Acid
|
||||
Lanolin Alcohols -- Sterols; Triterpene Alcohols; Aliphatic Alcohols
|
||||
Lanolin Linoleate
|
||||
Lanolin Oil
|
||||
Lanolin Ricinoleate
|
||||
Lanolin Wax
|
||||
Lanoinamide DEA
|
||||
Lanosteral
|
||||
Lard
|
||||
Lard Glyceride
|
||||
Lauroylhydrolyzed Animal Protein
|
||||
Leucine
|
||||
Liver Extract
|
||||
Lysine
|
||||
|
||||
M
|
||||
|
||||
Magnesium Lanolate
|
||||
Magnesium Tallowate
|
||||
Mammarian Extract
|
||||
Mayonnaise
|
||||
MEA-Hydrolyzed Animal Protein
|
||||
Menhaden Oil -- Pogy Oil; Mossbunker Oil
|
||||
Milk
|
||||
Mink Oil
|
||||
Minkamidopropyl Diethylamine
|
||||
Muscle Extract
|
||||
Musk
|
||||
Musk Ambrette
|
||||
Myristoyl Hydrolyzed Animal Protein
|
||||
|
||||
N
|
||||
|
||||
Neat's-Foot Oil
|
||||
|
||||
O
|
||||
|
||||
Oleamidopropyl Dimethylamine Hydrolyzed Animal Protein
|
||||
Oleostearine
|
||||
Oleoyl Hydrolyzed Animal Protein
|
||||
Oleth-2, and 3
|
||||
Oleth-5, and 10
|
||||
Oleth-10
|
||||
Oleth-25 and 50
|
||||
Oleyl Alcohol
|
||||
Oleyl Arachidate
|
||||
Oleyl Imidazoline
|
||||
Oleyl Lanolate
|
||||
Ovarian Extract
|
||||
|
||||
P
|
||||
|
||||
Palmitoyl Hydrolyzed Animal Protein
|
||||
Palmitoyl Hydrolyzed Milk Protein
|
||||
PEG-28 Glyceryl Tallowate
|
||||
PEG-8 Hydrogenated Fish Glycerides
|
||||
PEG-5 through -70 Hydrogenated Lanolin
|
||||
PEG-13 Hydrogenated Tallow Amide
|
||||
PEG-5 to -20 Lanolate
|
||||
PEG-5 through -100 Lanolin
|
||||
PEG-75 Lanolin Oil and Wax
|
||||
PEG-2 Milk Solids
|
||||
PEG-6, -8, -20 Sorbitan Beeswax
|
||||
PEG-40, -75, or -80 Sorbitan Lanolate
|
||||
PEG-3, -10, or -15 Tallow Aminopropylamine
|
||||
PEG-15 Tallow Polyamine
|
||||
PEG-20 Tallowate
|
||||
Pentahydrosqualene
|
||||
Perhydrosqualene
|
||||
Pigskin Extract
|
||||
Placental Enzymes, Lipids and Proteins
|
||||
Placental Extract
|
||||
Placental Protein
|
||||
Polyglyceryl-2 Lanolin Alcohol Ether
|
||||
Potassium Caseinate
|
||||
Potassium Tallowate
|
||||
Potassium Undecylenoyl Hydrolyzed Animal Protein
|
||||
PPG-12-PEG-50 Lanolin
|
||||
PPG-2, -5, -10. -20, -30 Lanolin Alcohol Ethers
|
||||
PPG-30 Lanolin Ether
|
||||
Pregnenolone Acetate
|
||||
Pristane
|
||||
Progesterone
|
||||
Purcelline Oil Syn
|
||||
|
||||
R
|
||||
|
||||
Royal Jelly
|
||||
|
||||
S
|
||||
|
||||
Saccharide Hydrolysate
|
||||
Saccharide Isomerate
|
||||
Serum Albumin
|
||||
Serum Proteins
|
||||
Shark-Liver Oil
|
||||
Shellac
|
||||
Shellac Wax
|
||||
Silk Amino Acids
|
||||
Silk Powder
|
||||
Sodium Caseinate
|
||||
Sodium Chondroitin Sulfate
|
||||
Sodium Coco-Hydrolyzed Animal Protein
|
||||
Sodium Hydrogenated Tallow Glutamate
|
||||
Sodium Laneth Sulfate
|
||||
Sodium Methyl Oleoyl Taurate
|
||||
Sodium n-Mythyl-n-Oleyl Taurtate
|
||||
Sodium Soya Hydrolyzed Animal Protein
|
||||
Sodium TAllow Sulfate
|
||||
Sodium Tallowate
|
||||
Sodium / TEA-Lauroyl Hydrolyzed Animal Protein
|
||||
Sodium / TEA-Undecylenoyl Hydrolyzed Animal Protein
|
||||
Sodium Undecylenate
|
||||
Soluble (Animal) Collagen
|
||||
Soya Hydroxyethyl Imidazoline
|
||||
Spleen Extract
|
||||
Squalene
|
||||
Stearyl Alcohol -- Stenol
|
||||
|
||||
T
|
||||
|
||||
Tallow
|
||||
Tallow Acid
|
||||
Tallow Amide
|
||||
Tallow Amidopropylamine Oxide
|
||||
Tallow Amine
|
||||
Tallow Amine Oxide
|
||||
Tallow Glycerides
|
||||
Tallow Hydroxyethal Imidazoline
|
||||
Tallow Imidazoline
|
||||
Tallowmide DEA and MEA
|
||||
Tallowmidopropyl Hydroxysultaine
|
||||
Tallowminopropylamine
|
||||
Tallowmphoacete
|
||||
Talloweth-6
|
||||
Tallow Trimonium Chloride -- Tallow
|
||||
Tea-Abietoyl Hydrolyzed Animal Protein
|
||||
Tea-Coco Hydrolyzed Animal Protein
|
||||
Tea-Lauroyl Animal Collagen
|
||||
Amino Acids
|
||||
Tea-Lauroyl Animal Keratin Amino Acids
|
||||
Tea-Myristol Hydrolyzed Animal Protein
|
||||
Tea-Undecylenoyl Hydrolyzed Animal Protein
|
||||
Testicular Extract
|
||||
Threonine
|
||||
Triethonium Hydrolyzed Animal Protein Ethosulfate
|
||||
Trilaneth-4 Phosphate
|
||||
|
||||
W
|
||||
|
||||
Wood Fat
|
||||
Wool Wax Alcohols
|
||||
|
||||
Y
|
||||
|
||||
Yogurt
|
||||
|
||||
Z
|
||||
|
||||
Zinc Hydrolyzed Animal Protein
|
||||
|
||||
THE FOLLOWING INGREDIENTS MAY BE ANIMAL-DERIVED:
|
||||
|
||||
A
|
||||
|
||||
Acetaldehyde -- Ethanal
|
||||
Acetic Acid
|
||||
Acetic Anhydride -- Acetyl Oxide; Acetic Oxide
|
||||
Acetoin -- Acetyl Methyl Carbinol
|
||||
Acetylated Sucrose Distearte
|
||||
Acetylmethylcarbinol
|
||||
Alanine
|
||||
Alcloxa -- Aluminum Chlorohydroxy Allantoinate
|
||||
Aldol
|
||||
Allantoin
|
||||
Allantoin Acetyl Methionine
|
||||
Allantoin Ascorbate
|
||||
Allantoin Biotin
|
||||
Allantoin Calcium Pantothenate
|
||||
Allantoin Galacturonic Acid
|
||||
Allantoin Glycyrrhetinic Acid
|
||||
Allantoin Polygalacturonic Acid
|
||||
Allantoinate
|
||||
Aluminum Acetate -- Burow's Solution
|
||||
Aluminum Chorhydroxy Allantoinate
|
||||
Aluminum Distearate
|
||||
Aluminum Isostearates/Laurates/Stearates
|
||||
Aluminum Isostearates/Myristates
|
||||
Aluminum Isostearates/Palmitates
|
||||
Aluminum Lactate
|
||||
Aluminum Myristates/Palmitates
|
||||
Aluminum Salts (Aluminum Acetate, Aluminum Lanolate, Aluminum Stearate,
|
||||
..Aluminum Tristearate)
|
||||
Aluminum Stearates
|
||||
Aluminum Tripalmitate/Triisostearate
|
||||
Aluminum Tristearate
|
||||
Ammonium C12-15 Pareth Sulfate -- Pareth-25-3 Sulfate
|
||||
Ammonium Isostearate
|
||||
Ammonium Myristyl Sulfate
|
||||
Ammonium Oleate
|
||||
Ammonium Stearate -- Stearic Acid; Ammonium Salt
|
||||
Amphoteric
|
||||
Amphoteric-2
|
||||
Ascorbyl Stearate
|
||||
Asparagine
|
||||
Aspartic-Acid -- DL & L Forms; Aminosuccinate Acid
|
||||
|
||||
B
|
||||
|
||||
Basic Voilet 10
|
||||
Beheneth-5, -10, -20, -30
|
||||
Behenic Acid -- Docosanoic Acid
|
||||
Behenic Acid -- Docosanol
|
||||
Beta-Carotene -- Provitamin A; Beta Carotene
|
||||
Betaine
|
||||
Biotin -- Vitamin H; Vitamin B Factor
|
||||
Brilliantines
|
||||
Burow's Solution
|
||||
Butyl Acetate -- Acetic Acid; Butyl Ester
|
||||
Butyl Glycolate
|
||||
Butyl Oleate
|
||||
Butyl Palmitate
|
||||
Butyl Phrhaly Butyl Glycolate
|
||||
Butylrolactone -- Butanolide
|
||||
|
||||
C
|
||||
|
||||
C18-36 Acid
|
||||
C29-70 Acid -- C29-70 Carboxylic Acids
|
||||
C18-36 Acid Glycol Ester
|
||||
C18-36 Acid Triglyceride
|
||||
C9-11 Alcohols
|
||||
C12-16 Alcohols
|
||||
C14-15 Alcohols
|
||||
C12-15 Alcohols Benzoate
|
||||
C12-15 Alcohols Lactate
|
||||
C21 Dicarboxylic Acid
|
||||
C15-18 Glycol
|
||||
C18-20 Glycol Palmitate
|
||||
C8-9, C9-11, C9-13, C9-14, C10-11, C10-13, C11-12, C11-13, C12-14, C13-14,
|
||||
..C13-16, and C20-40 IsoParaffins
|
||||
C11-15 Pareth-12 Stearate
|
||||
C11-15 Pareth-40
|
||||
C12-13 Pareth 3-7
|
||||
C14-15 Pareth-7, -11, -13
|
||||
C10-18 Triglycerieds
|
||||
Calcium Stearate
|
||||
Calcium Stearoyl Lactylate
|
||||
Caproamphoacetate
|
||||
Caproamhodiacetate
|
||||
Capryl Betaine
|
||||
Caprylamine Oxide
|
||||
Caprylic / Capric / Stearic Triglyceride
|
||||
Caprylic Acid
|
||||
Caprylamphoacetate
|
||||
Capryloamphodiacetate
|
||||
Carbamide
|
||||
Cetearalkonium Bromide
|
||||
Ceteareth-3 -- Cetyl/Stearyl Ether
|
||||
Ceteareth-4, -6, -8, -10, -12, -15, -17, -20, -27, -30
|
||||
Ceteareth-5
|
||||
Cetaryl Alcohol
|
||||
Ceteth-1
|
||||
Cetyl-
|
||||
Cetyl Alcohol
|
||||
Cetyl Ammonium
|
||||
Cetyl Arachidate
|
||||
Cetyl Betaine
|
||||
Cetyl Esters
|
||||
Cetyl Lactate
|
||||
Cetyl Myristate
|
||||
Cetyl Octanoate
|
||||
Cetyl Palmitate
|
||||
Cetyl Phosphate
|
||||
Cetyl Ricinoleate
|
||||
Cetyl Stearate
|
||||
Cetyl Stearyl Glycol
|
||||
Cetylarachidol
|
||||
Cetylpyridinium Chloride
|
||||
Cetyltrymethylammonium BromideChitin
|
||||
Cloflucarbon
|
||||
|
||||
D
|
||||
|
||||
Deceth-7-Carboxylic Acid
|
||||
Decyl Betaine
|
||||
Diacetyl
|
||||
Diazo-
|
||||
Diazolidinyl Urea -- Germall II (TM)
|
||||
Dicetyl Adipate
|
||||
Dicetyl Thiodipropionate
|
||||
Diethyl Asparate
|
||||
Diethyl Palmitoyl Apartate
|
||||
Diethyl Sebacate
|
||||
Diethylaminoethyl Stearamide
|
||||
Diethylaminoethyl Stearate
|
||||
Diglyceryl Stearate Malate
|
||||
Dihydroxyethyl Soyamine Dioleate
|
||||
Dihydroxyethyl Stearamine Oxide
|
||||
Dihydroxyethyl Stearyl Glycinate
|
||||
Dimethyl Behenamine
|
||||
Dimethyl Lauramine Oleate
|
||||
Dimethyl Myristamine
|
||||
Dimethyl Palmitamine
|
||||
Dimethyl Stearamine
|
||||
Dimethylaminopropyl Oleamide
|
||||
Dimethylaminopropyl Stearamide
|
||||
Dimethylol Urea
|
||||
Dimyristyl Thiodipropionate
|
||||
Dioleth-8-Phosphate
|
||||
Direct Black 51
|
||||
Direct Red 23 -- Fast Scarlet 4BSA
|
||||
Direct Red 80
|
||||
Direct Violet 48
|
||||
Direct Yellow 12 -- Chrysophenine G
|
||||
Disodium Cetaeryl Sulfosuccinate
|
||||
Disodium Isostearamino Mea- Sulfosuccinate
|
||||
Disodium Monooleamidosulfosuccinate
|
||||
Disodium Monoricinoleamido Mea-Sulfosuccinate
|
||||
Disodium Oleamido MIPA-Sulfosuccinate
|
||||
Disodium Oleamido PEG-2 Sulfosuccinate
|
||||
Disodium Oleyl Sulfosuccinate
|
||||
Disodium Stearmido MEA-Sulfosuccinate
|
||||
Disodium Stearminodipionate
|
||||
Disodium Stearyl Sulfosuccinate
|
||||
Distearyl Thiodipropionate
|
||||
DI-TEA-Palmitoyl Asparate
|
||||
Dodecanedionic Acid; Cetearyl Alcohol; Glycol Copolymer
|
||||
Dodecyltetradecanol
|
||||
|
||||
E
|
||||
|
||||
Enfleurage
|
||||
Enzyme
|
||||
Ethyl Aspartate
|
||||
Ethyl Oleate
|
||||
Ethyl Palmitate
|
||||
Ethyl Serinate
|
||||
Ethyl Stearate
|
||||
Ethyl Urocanate
|
||||
Ethylene Dioleamide
|
||||
Ethylene Distearamide
|
||||
Ethylene Urea
|
||||
Ethylhexyl Palmitate
|
||||
|
||||
F
|
||||
|
||||
Fatty Alcohols -- Cetyl; Stearyl; Lauryl; Myristyl
|
||||
Folic Acid
|
||||
Fructose
|
||||
|
||||
G
|
||||
|
||||
Gel (not Silica gel)
|
||||
Glucose Glutamate
|
||||
Glyceryl Caprate
|
||||
Glyceryl Caprylate
|
||||
Glyceryl Caprylate/Caprate
|
||||
Glyceryl Dioleate
|
||||
Glyceryl Distearate
|
||||
Glyceryl Hydrostearate
|
||||
Glyceryl Hydrostearate
|
||||
Glyceryl Hydroxystearate
|
||||
Glyceryl Isostearate
|
||||
Glyceryl Monostearate
|
||||
Glyceryl Myristate
|
||||
Glyceryl Oleate
|
||||
Glyceryl Palmitate Lactate
|
||||
Glyceryl Stearate SE
|
||||
Glyceryl Trimyristate
|
||||
Glycol Stearate SE
|
||||
Glycyrrhetinyl Stearate
|
||||
Guanidine Carbonate
|
||||
Guanosine
|
||||
|
||||
H
|
||||
|
||||
Hexanediol Distearate
|
||||
Histidine
|
||||
Hydrogenated Fatty Oils
|
||||
Hydroxylated Lecithin
|
||||
Hydroxyoctacosanyl Hydroxyastearate
|
||||
Hydroxystearmide MEA
|
||||
Hydroxystearic Acid
|
||||
|
||||
I
|
||||
|
||||
Imidazlidinyl Urea
|
||||
Indole
|
||||
Isobutyl Myristate
|
||||
Isobutyl Palmitate
|
||||
Isobutyl Stearate
|
||||
Isoceteth-10, -20, -30
|
||||
Isocetyl Alcohol
|
||||
Isocetyl Isodecanoate
|
||||
Isocetyl Palmitate
|
||||
Isocetyl Stearate
|
||||
Isocetyl Stearoyl Stearate
|
||||
Isoceteth-10 Stearate
|
||||
Isodecyl hydroxystearate
|
||||
Isodecyl Myristate
|
||||
Isodecyl Oleate
|
||||
Isodecyl Palmitate
|
||||
Isohyxyl Palmitate
|
||||
Isopropyl Acetate
|
||||
Isopropyl Isostearate
|
||||
Isopropyl Myristate
|
||||
Isopropyl Palmitate
|
||||
Isopropyl Stearate
|
||||
Isostearamidopropalkonium Chloride
|
||||
Isostearamidopropyl Betaine
|
||||
Isostearamidopropyl
|
||||
Dimethylamine Glycolate
|
||||
Isostearamidopropyl Dimethylamine Lactate
|
||||
Isostearamidopropyl Ethyldimonium Ethosulfate
|
||||
Isostearamidopropyl Morpholine Lactate
|
||||
Isostearamidoporopylamine Oxide
|
||||
Isosteareth-2 through -20
|
||||
Isostearic Acid
|
||||
Isostearoamphoglycinate
|
||||
Isostearoamphopropionate
|
||||
Isostearyl Alcohol
|
||||
Isostearyl Benzylimidonium Chloride
|
||||
Isostearyl Diglyceryl Succinate
|
||||
Isostearyl Erucate
|
||||
Isostearyl Ethylimidonium Ethosulfate
|
||||
Isostearyl Hydroxyethyl Imidazoline
|
||||
Isostearyl Imidazoline
|
||||
Isostearyl Isostearate
|
||||
Isostearyl Lactate
|
||||
Isostearyl Neopentanoate
|
||||
Isostearyl Palmitate
|
||||
Isostearyl Stearoyl STearate
|
||||
|
||||
L
|
||||
|
||||
Lactic Acid
|
||||
Lauroyl Sarcosine
|
||||
Lauryl Isostearate
|
||||
Lauryl Palmitate
|
||||
Lauryl Stearate
|
||||
Lauryl Suntaine
|
||||
Lecithin
|
||||
Lithium Stearate
|
||||
|
||||
M
|
||||
|
||||
Magnesium Myristate Magnesium Oleate
|
||||
Magnesium Stearate
|
||||
Methyl Gluceth-10 or -20
|
||||
Methyl Glucet-20 Sesquistereate -- Glucamate
|
||||
Methyl Glucose Sesquioleate
|
||||
Methyl Glucose Sesquistearate
|
||||
Methyl Hydroxystearate
|
||||
Methyl Lactate
|
||||
Methyl Myristate
|
||||
Methyl Oleate
|
||||
Methyl Palmitate
|
||||
Mixed Isopropanolamines
|
||||
Myristate
|
||||
Morpholine Stearate
|
||||
Myreth-3
|
||||
Myreth-3 Caprate -- Myristic Ethoxy Caprate
|
||||
Myreth-3 Laurate
|
||||
Myreth-3 Myristate
|
||||
Myreth-4
|
||||
Myristamide DEA -- Myristic Diethanolamide
|
||||
Myristamide MIPA
|
||||
Myristamidopropyl Betaine
|
||||
Myristamidopropyl Diethylamine
|
||||
Myristamidopropylamine Oxide
|
||||
Myristamine Oxide
|
||||
Myristaminopropionic Acid
|
||||
Myristate
|
||||
Myristic Acid
|
||||
Myristimide MEA
|
||||
Myristoamphoacetate
|
||||
Myristoyl Sarcosine
|
||||
Myristyl Alcohol
|
||||
Myristyl Betaine
|
||||
Myristyl Hydroxyethyl Imidazoline
|
||||
Myristyl Isostearate
|
||||
Myristyl Lactate
|
||||
Myristyl Myristate
|
||||
Myristyl Neopentanoate -- Ceraphyl
|
||||
Myristyl Propionate
|
||||
Myristyl Stearate
|
||||
Myristyleicosanol
|
||||
Myristyleicosyl Stearate
|
||||
Myristyloctadecanol
|
||||
|
||||
N
|
||||
|
||||
Nonyl Acetate
|
||||
|
||||
O
|
||||
|
||||
Octododecanol-2 -- Octyl Dodecanol
|
||||
Octododeceth-20, -25
|
||||
Octododecyl Myristate
|
||||
Octoxyglyceryl Behenate
|
||||
Octyl Acetoxystearate
|
||||
Octyl Hydroxystearate
|
||||
Octyl Palmitate
|
||||
Octyl Stearate
|
||||
Octyldocecanol
|
||||
Octyldodecyl Stearate
|
||||
Octyldodecyl Stearoyl Stearate
|
||||
Oleamide -- Oleylamide
|
||||
Oleamide DEA -- Oleic Diethanolamide
|
||||
Oleamide MIPA
|
||||
Oleamine Oxide
|
||||
Oleic Acid
|
||||
Oleoyl Sarcosine
|
||||
Oleth-3 Phosphate
|
||||
Oleth 20
|
||||
Oleth-20 Phosphate
|
||||
Oleyl Betaine
|
||||
Oleyl Myristate
|
||||
Oleyl Oleate
|
||||
Oleyl Stearate
|
||||
Orotic Acid -- Pyrimidecarboxylic Acid
|
||||
|
||||
P
|
||||
|
||||
Palmamamidopropyl Betaine
|
||||
Palmitamide DEA, MEA
|
||||
Palmitamidopropyl Betaine
|
||||
Palmitamindopropyl Diethylamine
|
||||
Palmitamine
|
||||
Palmitamine Oxide -- Palmityl Dimethylamine Oxide
|
||||
Palmitate
|
||||
Palmitic Acid
|
||||
Panthenyl Ethyl Etheracetate
|
||||
Pareth-25- 12
|
||||
PEG-9 Caprylate
|
||||
PEG-8 Caprylate / Caprate
|
||||
PEG-6 Caprylic / Capric Glycerides
|
||||
PEG-6 to -150 Dioleate
|
||||
PEG-3 Dipalmitate
|
||||
PEG-2 through -175 Distearate
|
||||
PEG-5 through -120 Glyceryl Stearate
|
||||
PEG-25 Glyceryl Trioleate
|
||||
PEG-6 or -12 Isostearate
|
||||
PEG-20 Methyl Glucose Sesquistearate
|
||||
PEG-4 Octanoate
|
||||
PEG-2 through -9 Oleamide
|
||||
PEG-2 through -30 Oleamide
|
||||
PEG-12, -20, or -30 Oleate
|
||||
PEG-3 through -150 Oleate
|
||||
PEG-6 through -20 Palmitate
|
||||
PEG-25 through -125 Propylene Glycol Stearate
|
||||
PEG-8 Sesquioleate
|
||||
PEG-5 or -20 Sorbitan Isostearate
|
||||
PEG-3 or -6 Sorbitan Oleate
|
||||
PEG-80 Sorbitan Palmitate
|
||||
PEG-40 Sorbitan Peroleate
|
||||
PEG-3 or -40 Sorbitan Stearate
|
||||
PEG-30, -40, or -60 Sorbitan Tetraoleate
|
||||
PEG-60 Sorbitan Tetrastearate
|
||||
PEG-2 through -150 Stearate
|
||||
PEG-66 or -200 Tryhydroxystearin
|
||||
Pentaerythrityl Tetraoctanoate
|
||||
Pentaerythrityl Tetrastearate and
|
||||
Calcium Stearate
|
||||
Phospholipids -- Phosphatides
|
||||
Polyglycerol
|
||||
Polyglycerol-4 Cocoate
|
||||
Polyglycerol-10 Decalinoleate
|
||||
Polyglycerol-2 Diisostearate
|
||||
Polyglycerol-6 Dioleate
|
||||
Polyglycerol-6 Distearate
|
||||
Polyglycerol-3 Hydroxylauryl Ether
|
||||
Polyglycerol-4 Isostearate
|
||||
Polyglycerol-3, -4 or -8 Oleate
|
||||
Polyglycerol-2 or -4 Oleyl Ether
|
||||
Polyglycerol-2 PEG-4 Stearate
|
||||
Polyglycerol-2 Sesquiisostearate
|
||||
Polyglycerol-2 Sesquioleate
|
||||
Polyglycerol-3, -4 or -8 Stearate
|
||||
Polyglycerol-10 Tertraoleate
|
||||
Polyglycerol-2 Tetrastearate
|
||||
Polysorbate 60 and Polysorbate 80
|
||||
Potassium Apartate
|
||||
Potassium Coco-Hydrolyzed Protein
|
||||
Potassium DNA
|
||||
Potassium Oleate-Oleic Acid
|
||||
Potassium Salt
|
||||
Potassium Myristate
|
||||
Potassium Palmitate
|
||||
Potassium Stearate -- Stearic Acid
|
||||
Potassium Salt
|
||||
PPG-3-Myreth-11
|
||||
PPG-4-Ceteareth-12
|
||||
PPG-4-Ceteth-1, -5 or -10
|
||||
PPG-4 Myristyl Ether
|
||||
PPG-5-Ceteth- 10 Phosphate
|
||||
PPG-6-C12-18 Pareth
|
||||
PPG-8-Ceteth, -5, -10, or -20
|
||||
PPG-9-Steareth-3
|
||||
PPG-10-Ceteareth-20
|
||||
PPG-10 Cetyl Ether
|
||||
leyl Ether
|
||||
PPG-11 or -15 Stearyl Ether
|
||||
PPG-26 Oleate -- Polyxypropylene
|
||||
2000 Monooleate; Carbowax
|
||||
PPG-28 Cetyl Ether
|
||||
PPG-30 Cetyl Ether
|
||||
PPG-30, -50, Oleyl Ether
|
||||
PPG-36 Oleate -- Polyoxypropylene (36)
|
||||
Monooleate
|
||||
PPG-Isocetyl Ether PPG-3-
|
||||
Isosteareth-9
|
||||
Proline
|
||||
Propylene Glycol Myristate
|
||||
Protein Fatty Acid Condensates
|
||||
Proteins
|
||||
Pyridium Compounds
|
||||
Pyroligneous Acid
|
||||
|
||||
R
|
||||
|
||||
Retinyl Palmitate
|
||||
Ribonucleic Acid -- RNA
|
||||
|
||||
S
|
||||
|
||||
Sarcosines
|
||||
S-Carboxy Methyl Cysteine
|
||||
Sebactic Acid -- Decanedioic Acid
|
||||
Serine
|
||||
Skatole
|
||||
Sodium Aluminum Chloroydroxyl Lactate
|
||||
Sodium C12-15 Pareth-7
|
||||
Carboxylate
|
||||
Sodium C12-15 Pareth-Sulfate
|
||||
Sodium Cetearyl Sulfate
|
||||
Sodium Cetyl Sulfate
|
||||
Sodium Cocyl Sarcosinate
|
||||
Sodium DNA
|
||||
Sodium Glyceryl Oleate Phosphate
|
||||
Sodium Isosteareth-6 Carboxylate
|
||||
Sodium Isosteroyl LacrylatE
|
||||
Sodium Myreth Sulfate
|
||||
Sodium Myristate
|
||||
Sodium Myristoyl Isethionate
|
||||
Sodium Myristoyl Sarcosinate
|
||||
Sodium Myristyl Sulfate
|
||||
Sodium Oleth-7 or -8 Phosphate
|
||||
Sodium Palmitate
|
||||
Sodium Pareth- 15-7 or 25-7
|
||||
Carboxylate
|
||||
Sodium Pareth-23 or -25 Sulfate
|
||||
Sodium PCA
|
||||
Sodium PCA Methysilanol
|
||||
Sodium Ribonucleic Acid -- SRNA
|
||||
Sodium Sarcosinate
|
||||
Sodium Soap
|
||||
Sodium Stearate
|
||||
Sodium Steroyl Lactylate
|
||||
Sodium Urocanate
|
||||
Sorbeth-6 Hexastearate
|
||||
Sorbitan Diisoseate
|
||||
Sorbitan Dioleate
|
||||
Sorbitan Fatty Acid Esters
|
||||
Sorbitan Isostearate
|
||||
Sorbitan Oleate -- Sorbitan Monooleate
|
||||
Sorbitan Palmitate -- Span 40 (TM)
|
||||
Sorbitan Sesquioleate
|
||||
Sorbitan Sequistearate
|
||||
Sorbitan Triisostearate
|
||||
Sorbitan Tristearate
|
||||
Spermaceti -- Cetyl Palmitate
|
||||
Stearalkonium Bentonite
|
||||
Stearalkonium Chloride
|
||||
Stearalkonium Hectorite
|
||||
Stearamide
|
||||
Stearamide DEA -- Stearic Acid
|
||||
Diethanolamide
|
||||
Stearamide DIBA Stearate
|
||||
Stearamide MIPA Stearate
|
||||
Stearamide MIPA
|
||||
Stearamide Oxide
|
||||
Stearmidopropalkonium Chloride
|
||||
Stearamidopropyl Dimethylamine
|
||||
Stearamine
|
||||
Stearamine Oxide
|
||||
Stearates
|
||||
Steareth-2
|
||||
Steareth-4 through -100
|
||||
Stearic Acid
|
||||
Stearic Hydrazide
|
||||
Stearmidoethyl Diethylamine
|
||||
Stearoamphoacetate
|
||||
Stearoamphocarboxyglycinate
|
||||
Stearoamphodiacetate
|
||||
Stearoamphohydroxypropysulfonate
|
||||
Stearoamphopropionate
|
||||
Stearone
|
||||
Stearoxy Dimethicone
|
||||
Stearoxytrimethylsilane
|
||||
Stearoyl Lactylic Acid
|
||||
Stearoyl Sarcosine
|
||||
Steartrimonium Chloride
|
||||
Steartrimonium Hydrolyzed Animal Protein
|
||||
Stearyl Acetate
|
||||
Stearyl Betaine
|
||||
Stearyl Caprylate
|
||||
Stearyl Citrate
|
||||
Stearyl Erucamide
|
||||
Stearyl Erucate
|
||||
Stearyl Ghycyrrhetinate
|
||||
Stearyl Heptanoate
|
||||
Stearyl Hydroxyethyl Imidazoline
|
||||
Stearyl Lactate
|
||||
Stearyl Octanoate
|
||||
Stearyl Stearate
|
||||
Stearyl Stearoyl Stearate
|
||||
Stearyldimethyl Amine
|
||||
Stearylvinyl Ether/Maleic
|
||||
Anhydride Copolymer
|
||||
Steriods (sic) (could be misspelling for steroids)
|
||||
Sterol
|
||||
Sucrose Distearate
|
||||
Sucrose Laurate
|
||||
Sucrose Stearate
|
||||
Synthetic Spermaceti
|
||||
|
||||
T
|
||||
|
||||
TEA-Lauroyl Sarcosinate
|
||||
TEA-Myristate
|
||||
TEA-Oleate -- Triethanolamine Oleate
|
||||
TEA-Palm-Kernel Sarcosinate
|
||||
TEA-Stearate
|
||||
Terpinyl Acetate
|
||||
Tetramethyl Decynediol
|
||||
TIPA-Stearate
|
||||
Tridecyl Stearate
|
||||
Tryhydroxy Stearin
|
||||
Triisostearin
|
||||
Trimethylopropane Triisostearate
|
||||
Trimyristin-Glyceryl Trimyristate
|
||||
Trioleth-8 Phosphate
|
||||
Trioleyl Phosphate
|
||||
Tristearin
|
||||
Tristearyl Citrate
|
||||
Tryptophan
|
||||
Tyrosine
|
||||
|
||||
U
|
||||
|
||||
Undecylpentadecanol
|
||||
Urea -- Carbamide
|
||||
Urease
|
||||
|
||||
V
|
||||
|
||||
Valine
|
||||
|
||||
W
|
||||
|
||||
Waxes
|
||||
|
||||
Z
|
||||
|
||||
Zinc Stearate -- Zinc Soap
|
||||
|
||||
|
||||
145
textfiles.com/politics/annapoli.txt
Normal file
145
textfiles.com/politics/annapoli.txt
Normal file
@@ -0,0 +1,145 @@
|
||||
THE ANNAPOLIS CONVENTION:
|
||||
|
||||
|
||||
Proceedings of the Commissioners to Remedy Defects of the
|
||||
Federal Government, Annapolis in the State of Maryland.
|
||||
September 14, 1786
|
||||
|
||||
To the Honorable, The Legislatures of Virginia, Delaware,
|
||||
Pennsylvania, New Jersey, and New York -
|
||||
|
||||
The Commissioners from the said States, respectively
|
||||
assembled at Annapolis, humbly beg leave to report.
|
||||
|
||||
That, pursuant to their several appointments, they met, at
|
||||
Annapolis in the State of Maryland on the eleventh day of
|
||||
September Instant, and having proceeded to a Communication
|
||||
of their Powers; they found that the States of New York,
|
||||
Pennsylvania, and Virginia, had, in substance, and nearly
|
||||
in the same terms, authorized their respective Commissions
|
||||
"to meet such other Commissioners as were, or might be,
|
||||
appointed by the other States in the Union, at such time and
|
||||
place as should be agreed upon by the said Commissions to take
|
||||
into consideration the trade and commerce of the United States,
|
||||
to consider how far a uniform system in their commercial
|
||||
intercourse and regulations might be necessary to their common
|
||||
interest and permanent harmony, and to report to the several
|
||||
States such an Act, relative to this great object, as when
|
||||
unanimously by them would enable the United States in
|
||||
Congress assembled effectually to proved for the same."...
|
||||
|
||||
That the State of New Jersey had enlarged the object of their
|
||||
appointment, empowering their Commissioners, "to consider how
|
||||
far a uniform system in their commercial regulations and other
|
||||
important matters, mighty be necessary to the common interest
|
||||
and permanent harmony of the several States," and to report such
|
||||
an Act on the subject, as when ratified by them, "would enable
|
||||
the United States in Congress assembled, effectually to provide
|
||||
for the exigencies of the Union."
|
||||
|
||||
That appointments of Commissioners have also been made by the
|
||||
States of New Hampshire, Massachusetts, Rhode Island, and North
|
||||
Carolina, none of whom, however, have attended; but that no
|
||||
information has been received by your Commissioners, of any
|
||||
appointment having been made by the States of Connecticut,
|
||||
Maryland, South Carolina or Georgia.
|
||||
|
||||
That the express terms of the powers of your Commissioners
|
||||
supposing a deputation from all the States, and having for
|
||||
object the Trade and Commerce of the United States, Your
|
||||
Commissioners did not conceive it advisable to proceed on
|
||||
the business of their mission, under the Circumstances of
|
||||
so partial and defective a representation.
|
||||
|
||||
Deeply impressed, however, with the magnitude and importance
|
||||
of the object confided to them on this occasion, your
|
||||
Commissioners cannot forbear to indulge an expression of
|
||||
their earnest and unanimous wish, that speedy measures be
|
||||
taken, to effect a general meeting, of the States, in a
|
||||
future Convention, for the same, and such other purposes,
|
||||
as the situation of public affairs may be found to require.
|
||||
|
||||
If in expressing this wish, or in intimating any other
|
||||
sentiment, your Commissioners should seem to exceed the strict
|
||||
bounds of their appointment, they entertain a full confidence,
|
||||
that a conduct, dictated by an anxiety for the welfare of the
|
||||
United States, will not fail to receive an indulgent construction.
|
||||
|
||||
In this persuasion, your Commissioners submit an opinion, that
|
||||
the Idea of extending the powers of their Deputies, to other
|
||||
objects, than those of Commerce, which has been adopted by the
|
||||
State of New Jersey, was an improvement on the original plan,
|
||||
and will deserve to be incorporated into that of a future
|
||||
Convention; they are the more naturally led to this conclusion,
|
||||
as in the course of their reflections on the subject, they have
|
||||
been induced to think, that the power of regulating trade is
|
||||
of such comprehensive extent, and will enter so far into the
|
||||
general System of the federal government, that to give it
|
||||
efficacy, and to obviate questions and doubts concerning its
|
||||
precise nature and limits, may require a correspondent
|
||||
adjustment of other parts of the Federal System.
|
||||
|
||||
That there are important defects in the system of the Federal
|
||||
Government is acknowledged by the Acts of all those States,
|
||||
which have concurred in the present Meeting; That the defects,
|
||||
upon a closer examination, may be found greater and more
|
||||
numerous, than even these acts imply, is at least so far
|
||||
probably, from the embarrassments which characterize the
|
||||
present State of our national affairs, foreign and domestic,
|
||||
as may reasonably be supposed to merit a deliberate and candid
|
||||
discussion, in some mode, which will unite the Sentiments and
|
||||
Councils of all the States. In the choice of the mode, your
|
||||
Commissioners are of opinion, that a Convention of Deputies
|
||||
from the different States, for the special and sole purpose
|
||||
of entering into this investigation, and digesting a plan for
|
||||
supplying such defects as may be discovered to exist, will be
|
||||
entitled to a preference from considerations, which will occur
|
||||
without being particularized.
|
||||
|
||||
Your Commissioners decline an enumeration of those national
|
||||
circumstances on which their opinion respecting the propriety
|
||||
of a future Convention, with more enlarged powers, is founded;
|
||||
as it would be a useless intrusion of facts and observations,
|
||||
most of which have been frequently the subject of public
|
||||
discussion, and none of which can have escaped the penetration
|
||||
of those to whom they would in this instance be addressed.
|
||||
They are, however, of a nature so serious, as, in the view
|
||||
of your Commissioners, to render the situation of the United
|
||||
States delicate and critical, calling for an exertion of the
|
||||
untied virtue and wisdom of all the members of the Confederacy.
|
||||
|
||||
Under this impression, Your Commissioners, with the most
|
||||
respectful deference, beg leave to suggest their unanimous
|
||||
conviction that it may essentially tend to advance the interests
|
||||
of the union if the States, by whom they have been respectively
|
||||
delegated, would themselves concur, and use their endeavors
|
||||
to procure the concurrence of the other States, in the
|
||||
appointment of Commissioners, to meet at Philadelphia on the
|
||||
second Monday in May next, to take into consideration the
|
||||
situation of the United States, to devise such further
|
||||
provisions as shall appear to them necessary to render the
|
||||
constitution of the Federal Government adequate to the
|
||||
exigencies of the Union; and to report such an Act for that
|
||||
purpose to the United States in Congress assembled, as when
|
||||
agreed to, by them, and afterwards confirmed by the Legislatures
|
||||
of every State, will effectually provide for the same.
|
||||
|
||||
Though your Commissioners could not with propriety address
|
||||
these observations and sentiments to any but the States they
|
||||
have the honor to represent, they have nevertheless concluded
|
||||
from motives of respect, to transmit copies of the Report to
|
||||
the United States in Congress assembled, and to the executives
|
||||
of the other States.
|
||||
|
||||
------------------------------------
|
||||
|
||||
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
|
||||
Distributed by the Cybercasting Services Division of the
|
||||
National Public Telecomputing Network (NPTN).
|
||||
|
||||
Permission is hereby granted to download, reprint, and/or otherwise
|
||||
redistribute this file, provided appropriate point of origin
|
||||
credit is given to the preparer(s) and the National Public
|
||||
Telecomputing Network.
|
||||
V<EFBFBD><EFBFBD>R<EFBFBD><EFBFBD>T
|
||||
|
||||
778
textfiles.com/politics/anonymit
Normal file
778
textfiles.com/politics/anonymit
Normal file
@@ -0,0 +1,778 @@
|
||||
From caf-talk Caf Jun 8 19:52:43 1992
|
||||
Newsgroups: comp.society
|
||||
Subject: Anonymity and privacy on the network
|
||||
Message-ID: <92083.072152SOCICOM@auvm.american.edu>
|
||||
Date: 23 Mar 92 12:21:52 GMT
|
||||
Organization: The American University - University Computing Center
|
||||
Lines: 759
|
||||
Approved: SOCICOM@AUVM
|
||||
|
||||
|
||||
Moderator's note: The following article is a lengthy excerpt from a
|
||||
recent issue of FIDONEWS concerning individual privacy and the use of
|
||||
aliases or handles in computer-based communications. It was submitted by
|
||||
a comp.society reader who used a handle; because the excerpt is a cross-
|
||||
post from another electronic publication, I have taken the liberty of
|
||||
viewing the use of a handle by sender as a request for privacy and
|
||||
anonymity similar to the request a newspaper editor might receive in a
|
||||
letter to the editor. Thus, while reprinting the submission, the name
|
||||
and address of the sender are "withheld upon request." The article
|
||||
raises a number of good points; the submission by a reader using a handle
|
||||
to preserve anonymity makes a point; and the editorial action of
|
||||
submitting the reader's posting anonymously makes the question current.
|
||||
What are the implications of using aliases on the net?
|
||||
|
||||
Greg Welsh, moderator, comp.society
|
||||
Internet: Socicom@american.edu
|
||||
Bitnet: Socicom@auvm.bitnet
|
||||
|
||||
[begin excerpt]
|
||||
F I D O N E W S -- | Vol. 9 No. 9 (2 March 1992)
|
||||
The newsletter of the |
|
||||
FidoNet BBS community | Published by:
|
||||
_ |
|
||||
/ \ | "FidoNews" BBS
|
||||
/|oo \ | (415)-863-2739
|
||||
(_| /_) | FidoNet 1:1/1
|
||||
_`@/_ \ _ | Internet:
|
||||
| | \ \\ | fidonews@fidonews.fidonet.org
|
||||
| (*) | \ )) |
|
||||
|__U__| / \// | Editors:
|
||||
_//|| _\ / | Tom Jennings
|
||||
(_/(_|(____/ | Tim Pozar
|
||||
(jm) |
|
||||
----------------------------+---------------------------------------
|
||||
Published weekly by and for the Members of the FidoNet international
|
||||
amateur network. Copyright 1992, Fido Software. All rights reserved.
|
||||
Duplication and/or distribution permitted for noncommercial purposes
|
||||
only. For use in other circumstances, please contact FidoNews.
|
||||
|
||||
Paper price: . . . . . . . . . . . . . . . . . . . . . . . $5.00US
|
||||
Electronic Price: . . . . . . . . . . . . . . . . . . . . . free!
|
||||
|
||||
For more information about FidoNews refer to the end of this file.
|
||||
--------------------------------------------------------------------
|
||||
|
||||
|
||||
[...some editing...]
|
||||
======================================================================
|
||||
ARTICLES
|
||||
======================================================================
|
||||
|
||||
|
||||
The Joy of Handles
|
||||
Mahatma Kane Jeeves
|
||||
101/138.8
|
||||
David Lescohier
|
||||
101/138.0
|
||||
|
||||
|
||||
|
||||
|
||||
THE JOY OF HANDLES
|
||||
------------------
|
||||
or:
|
||||
EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT ME
|
||||
(but have no right to ask)
|
||||
--------------------------
|
||||
|
||||
|
||||
* * * * *
|
||||
|
||||
|
||||
We should never so entirely avoid danger as to appear
|
||||
irresolute and cowardly. But, at the same time, we should
|
||||
avoid unnecessarily exposing ourselves to danger, than
|
||||
which nothing can be more foolish. [Cicero]
|
||||
|
||||
|
||||
* * * * *
|
||||
|
||||
|
||||
|
||||
Do you trust me?
|
||||
|
||||
If you participate in computer conferencing, and you use
|
||||
your real name, then you'd better.
|
||||
|
||||
"Why?", you ask. "What can you do with my name?" To start
|
||||
with, given that and your origin line, I can probably look
|
||||
you up in your local phone book, and find out where you
|
||||
live. Even if you are unlisted, there are ways to locate
|
||||
you based on your name. If you own any property, or pay any
|
||||
utility bills, your address is a matter of public record.
|
||||
Do you have children in the public schools? It would be
|
||||
easy to find out. But that's just the beginning.
|
||||
|
||||
Former Chairman of the U.S. Privacy Protection Commission
|
||||
David F. Linowes, in his book "Privacy in America" (1989),
|
||||
writes of New York private investigator Irwin Blye:
|
||||
|
||||
"Challenged to prove his contention that, given a little
|
||||
time and his usual fee, he could learn all about an
|
||||
individual without even speaking with him, Blye was
|
||||
presented with a subject -- a New Jersey
|
||||
newspaperman.... The result was a five-page, single-
|
||||
spaced, typed report which documented, though not always
|
||||
accurately, a wide sweep of the journalist's past, and
|
||||
was detailed to the point of disclosing his father's
|
||||
income before his retirement."
|
||||
|
||||
Who am I? If I don't post, you might not even know I exist.
|
||||
I could be on your local Police Department, or an agent
|
||||
working with the IRS, or some federal law-enforcement
|
||||
agency. I could be a member of some fanatical hate group,
|
||||
or criminal organization. I might even be a former Nixon
|
||||
White-House staffer!
|
||||
|
||||
I could be that pyromaniacal teenager you flamed last
|
||||
weekend, for posting a step-by-step description of how he
|
||||
made plastic explosive in his high-school chem lab. He
|
||||
seemed kind of mad.
|
||||
|
||||
But you're an upstanding citizen; you have nothing to hide.
|
||||
So why not use your name on the nets? Trust me. There's
|
||||
nothing to worry about.
|
||||
|
||||
Is there?
|
||||
|
||||
* * * * *
|
||||
|
||||
WHAT'S ALL THIS BROUHAHA?
|
||||
-------------------------
|
||||
|
||||
Stupidity is evil waiting to happen. [Clay Bond]
|
||||
|
||||
|
||||
Not long ago in Fidonet's BCSNET echo (the Boston Computer
|
||||
Society's national conference), the following was posted by
|
||||
the conference moderator to a user calling himself "Captain
|
||||
Kirk":
|
||||
|
||||
"May we ask dear Captain Kirk that it would be very
|
||||
polite if you could use your real name in an echomail
|
||||
conference? This particular message area is shared
|
||||
with BBS's all across the country and everyone else is
|
||||
using their real name. It is only common courtesy to
|
||||
do so in an echomail conference."
|
||||
|
||||
One of us (mkj) responded with a post questioning that
|
||||
policy. Soon the conference had erupted into a heated
|
||||
debate! Although mkj had worried that the subject might be
|
||||
dismissed as trivial, it apparently touched a nerve. It
|
||||
brought forth debate over issues and perceptions central to
|
||||
computer communications in general, and it revealed profound
|
||||
disparities in fundamental values and assumptions among
|
||||
participants.
|
||||
|
||||
This article is a response to that debate, and to the
|
||||
prevailing negative attitudes regarding the use of handles.
|
||||
Handles seem to have a bad reputation. Their use is
|
||||
strangely unpopular, and frequently forbidden by network
|
||||
authorities. Many people seem to feel that handles are rude
|
||||
or dishonest, or that anyone wishing to conceal his or her
|
||||
identity must be up to no good. It is the primary purpose
|
||||
of this article to dispel such prejudices.
|
||||
|
||||
Let us make one thing perfectly clear here at the outset: We
|
||||
do NOT challenge the need or the right of sysops to know the
|
||||
identities of their users! But we do believe that a sysop
|
||||
who collects user names has a serious responsibility to
|
||||
protect that information. This means making sure that no
|
||||
one has access to the data without a legal warrant, and it
|
||||
certainly means not pressuring users to broadcast their real
|
||||
names in widespread public forums such as conferences.
|
||||
|
||||
* * * * *
|
||||
|
||||
SO YOU WANT TO BE A STAR?
|
||||
-------------------------
|
||||
|
||||
John Lennon died for our sins. [anonymous]
|
||||
|
||||
|
||||
Andy Warhol said that "In the future, everyone will be
|
||||
famous for fifteen minutes". The computer nets, more than
|
||||
any other medium, lend credibility to this prediction. A
|
||||
network conference may span the globe more completely than
|
||||
even satellite TV, yet be open to anyone who can afford the
|
||||
simplest computer and modem. Through our participation in
|
||||
conferencing, each of us becomes, if only briefly, a public
|
||||
figure of sorts -- often without realizing it, and without
|
||||
any contemplation of the implications and possible
|
||||
consequences.
|
||||
|
||||
Brian Reid (reid@decwrl.DEC.COM) conducts and distributes
|
||||
periodic surveys of Usenet conference readership. His
|
||||
statistical results for the end of 1991 show that of the
|
||||
1,459 conferences which currently make up Usenet, more than
|
||||
fifty percent have over 20,000 readers apiece; the most
|
||||
popular conferences are each seen by about 200,000 readers!
|
||||
Mr. Reid's estimate of total Usenet readership is nearly TWO
|
||||
MILLION people.
|
||||
|
||||
Note that Mr. Reid's numbers are for Usenet only; they do
|
||||
not include any information on other large public nets such
|
||||
as RIME (PC-Relaynet), Fido, or dozens of others, nor do
|
||||
they take into account thousands of private networks which
|
||||
may have indirect public network connections. The total
|
||||
number of users with access to public networks is unknown,
|
||||
but informed estimates range to the tens of millions, and
|
||||
the number keeps growing at an amazing pace -- in fact, the
|
||||
rate of growth of this medium may be greater than any other
|
||||
communications medium in history.
|
||||
|
||||
The special problems and risks which arise when one deals
|
||||
with a large public audience are something about which most
|
||||
computer users have little or no experience or
|
||||
understanding. Until recently, those of us involved in
|
||||
computer conferencing have comprised a small and rather
|
||||
elite community. The explosion in network participation is
|
||||
catching us all a little unprepared.
|
||||
|
||||
Among media professionals and celebrities, on the other
|
||||
hand, the risks of conducting one's business in front of a
|
||||
public audience are all too familiar. If the size of one's
|
||||
audience becomes sufficiently large, one must assume that
|
||||
examples of virtually every personality type will be
|
||||
included: police and other agents of various governments,
|
||||
terrorists, murderers, rapists, religious fanatics, the
|
||||
mentally ill, robbers and con artists, et al ad infinitum.
|
||||
It must also be assumed that almost anything you do, no
|
||||
matter how innocuous, could inspire at least one person,
|
||||
somewhere, to harbor ill will toward you.
|
||||
|
||||
The near-fatal stabbing of actress Theresa Saldana is a case
|
||||
in point. As she was walking to her car one morning near her
|
||||
West Hollywood apartment, a voice behind her asked, "Are you
|
||||
Theresa Saldana?"; when she turned to answer, a man she had
|
||||
never seen before pulled out a kitchen knife and stabbed her
|
||||
repeatedly.
|
||||
|
||||
After her lengthy and painful recovery, she wrote a book on
|
||||
the experience ("Beyond Survival", 1986). In that book she
|
||||
wrote:
|
||||
|
||||
|
||||
[pg 12] "... Detective Kalas informed me that the
|
||||
assailant, whom he described as a Scottish drifter, had
|
||||
fixated upon me after seeing me in films."
|
||||
|
||||
[pg 28] "... it was through my work as an actress that
|
||||
the attacker had fixated on me. Naturally, this made
|
||||
me consider getting out of show business ..."
|
||||
|
||||
[pg 34] "For security, I adopted an alias and became
|
||||
'Alicia Michaels.' ... during the months that followed
|
||||
I grew so accustomed to it that, to this day, I still
|
||||
answer reflexively when someone calls the name Alicia!"
|
||||
|
||||
Or consider the fate of Denver radio talk show host Alan
|
||||
Berg, who in 1984 died outside his home in a hail of
|
||||
gunfire. Police believe he was the victim of a local neo-
|
||||
nazi group who didn't like his politics.
|
||||
|
||||
We are reminded of the murders of John Lennon and Rebecca
|
||||
Shaffer; the Reagan/Hinckley/Foster incident; and a long
|
||||
string of other "celebrity attacks" of all sorts, including
|
||||
such bizarre events as the occupation of David Letterman's
|
||||
home by a strange woman who claimed to be his wife! There is
|
||||
probably no one in public life who doesn't receive at least
|
||||
the occassional threatening letter.
|
||||
|
||||
Of course, ordinary participants in network conferencing may
|
||||
never attract quite the attention that other types of
|
||||
celebrities attract. But consider the following, rather less
|
||||
apocalyptic scenarios:
|
||||
|
||||
-- On Friday night you post a message to a public
|
||||
conference defending an unpopular or controversial
|
||||
viewpoint. On Monday morning your biggest client
|
||||
cancels a major contract. Or you are kept up all
|
||||
night by repeated telephone calls from someone
|
||||
demanding that you "stop killing babies"!
|
||||
|
||||
-- You buy your teenage son or daughter a computer and
|
||||
modem. Sometime later you find your lawn littered
|
||||
with beer bottles and dug up with tire marks, or
|
||||
your home vandalized or burglarized.
|
||||
|
||||
-- One day you are nominated to the Supreme Court. Who
|
||||
are all these strange people on TV claiming to be
|
||||
your friends? How did that fellow know your position
|
||||
on abortion? Your taste in GIFs?
|
||||
|
||||
Celebrities and other professional media personalities
|
||||
accept the risks and sacrifices of notoriety, along with the
|
||||
benefits, as part of their chosen careers. Should computer
|
||||
conference participants be expected to do the same? And who
|
||||
should be making these decisions?
|
||||
|
||||
* * * * *
|
||||
|
||||
OTHER MEDIA
|
||||
-----------
|
||||
|
||||
When thou art at Rome, do as they do at Rome [Cervantes]
|
||||
|
||||
|
||||
Older media seem to address the problems of privacy very
|
||||
differently than computer media, at least so far. We are
|
||||
not aware of ANY medium or publication, apart from computer
|
||||
conferencing, where amateur or even most professional
|
||||
participants are required to expose their true names against
|
||||
their will. Even celebrities frequently use "stage names",
|
||||
and protect their addresses and phone numbers as best they
|
||||
can.
|
||||
|
||||
When a medium caters specifically to the general public,
|
||||
participants are typically given even greater opportunities
|
||||
to protect their privacy. Television talk shows have been
|
||||
known to go so far as to employ silhouetting and electronic
|
||||
alteration of voices to protect the identities of guests,
|
||||
and audience members who participate are certainly not
|
||||
required to state their full names before speaking.
|
||||
|
||||
The traditional medium most analogous to computer
|
||||
conferencing may be talk radio. Like conferencing, talk
|
||||
radio is a group discussion and debate medium oriented
|
||||
toward controversy, where emotions can run high. Programs
|
||||
often center around a specific topic, and are always run by
|
||||
a "host" whose role seems analogous in many respects to that
|
||||
of a conference moderator. It is therefore worth noting
|
||||
that in talk radio generally, policy seems to be that
|
||||
callers are identified on the air only by their first names
|
||||
(unless of course they volunteer more).
|
||||
|
||||
Finally, of course, authors have published under "pen names"
|
||||
since the dawn of publishing, and newspapers and magazines
|
||||
frequently publish letters to the editor with "name and
|
||||
address withheld by request" as the signature line. Even
|
||||
founding fathers Alexander Hamilton, James Madison and John
|
||||
Jay, in authoring the seminal Federalist Papers in 1787 for
|
||||
publication in the Letters columns of various New York City
|
||||
newspapers, concealed their identities behind the now-famous
|
||||
psuedonym "Publius".
|
||||
|
||||
What would you think if someone called a radio talk show
|
||||
demanding to know the identity of a previous caller? Such a
|
||||
demand would undoubtedly be seen as menacing and
|
||||
inappropriate in that context. Yet that same demand seems
|
||||
to arise without much challenge each time a handle shows up
|
||||
in a computer conference. The authors of this article feel
|
||||
that such demands should always be looked upon as
|
||||
suspicious, and that it would be beneficial for moderators
|
||||
to take upon themselves the responsibility of making sure
|
||||
that besieged handle-users are aware of their right to
|
||||
refuse such inappropriate demands.
|
||||
|
||||
It is reasonable to assume that privacy policies in
|
||||
traditional media are the result of hard-won wisdom gained
|
||||
from long experience. Are we so arrogant that we cannot
|
||||
learn from others? It is not hard to imagine the sorts of
|
||||
problems and experiences which shaped these policies in the
|
||||
old media. Will we have to wait for similar problems to
|
||||
occur on the computer networks before we learn?
|
||||
|
||||
* * * * *
|
||||
|
||||
PRIVACY AND SURVEILLANCE
|
||||
------------------------
|
||||
|
||||
In an effort to identify people who fail to file tax
|
||||
returns, the Internal Revenue Service is matching
|
||||
its files against available lists of names and
|
||||
addresses of U.S. citizens who have purchased
|
||||
computers for home use. The IRS continues to seek
|
||||
out sources for such information. This information
|
||||
is matched against the IRS master file of taxpayers
|
||||
to see if those who have not filed can be
|
||||
identified.
|
||||
[COMPUTERWORLD, Sept. 1985]
|
||||
|
||||
Date: Thu, 23 May 91 11:58:07 PDT
|
||||
From: mmm@cup.portal.com
|
||||
Subject: The RISKS of Posting to the Net
|
||||
-
|
||||
I just had an interesting visit from the FBI. It
|
||||
seems that a posting I made to sci.space several
|
||||
months ago had filtered through channels, caused the
|
||||
FBI to open (or re-open) a file on me, and an agent
|
||||
wanted to interview me, which I did voluntarily...
|
||||
I then went on to tell him about the controversy
|
||||
over Uunet, and their role in supplying archives of
|
||||
Usenet traffic on tape to the FBI...
|
||||
[RISKS Digest]
|
||||
|
||||
Also frequent are instances where computers are
|
||||
seized incident to an unrelated arrest. For
|
||||
example, on February 28, 1991, following an arrest
|
||||
on charges of rape and battery, the Massachusetts
|
||||
state and local police seized the suspect's computer
|
||||
equipment. The suspect reportedly operated a 650-
|
||||
subscriber bulletin board called "BEN," which is
|
||||
described as "geared largely to a gay/leather/S&M
|
||||
crowd." It is not clear what the board's seizure is
|
||||
supposed to have accomplished, but the board is now
|
||||
shut down, and the identities and messages of its
|
||||
users are in the hands of the police.
|
||||
[CONSTITUTIONAL, LEGAL, AND ETHICAL
|
||||
CONSIDERATIONS FOR DEALING WITH ELECTRONIC
|
||||
FILES IN THE AGE OF CYBERSPACE, Harvey A.
|
||||
Silverglate and Thomas C. Viles]
|
||||
|
||||
|
||||
Most of us have been brought up to be grateful for the fact
|
||||
that we live in a nation where freedom is sacred. In other
|
||||
countries, we are told as children, people are afraid to
|
||||
speak their minds for fear they are being watched. Thank
|
||||
God we live in America!
|
||||
|
||||
It would surprise most of us to learn that America is
|
||||
currently among the premiere surveillance nations in the
|
||||
world, but such, sadly, is indeed the case. Our leadership
|
||||
in technology has helped the U.S. government to amass as
|
||||
much information on its citizens as almost any other nation
|
||||
in history, totalitarian or otherwise. And to make matters
|
||||
worse, a consumer surveillance behemoth has sprung up
|
||||
consisting of huge private data-collection agencies which
|
||||
cater to business.
|
||||
|
||||
As Evan Hendricks, editor of "Privacy Times" (a Washington
|
||||
D.C.-based newsletter) has put it: "You go through life
|
||||
dropping bits and pieces of information about yourself
|
||||
everywhere. Most people don't realize there are big vacuum
|
||||
cleaners out there sucking it all up." [Wall Street
|
||||
Journal, March 14, 1991].
|
||||
|
||||
To get an idea of how much of your privacy has already been
|
||||
lost, consider the bits and pieces of information about
|
||||
yourself which are already available to investigators, and
|
||||
how thoroughly someone might come to know you by these clues
|
||||
alone.
|
||||
|
||||
A person's lifestyle and personality are largely described,
|
||||
for example, by his or her purchases and expenses; from your
|
||||
checking account records -- which banks are required by law
|
||||
to keep and make available to government investigators -- a
|
||||
substantial portrait of your life will emerge. Credit card
|
||||
records may reveal much of the same information, and can
|
||||
also be used to track your movements. (In a recent case,
|
||||
"missing" Massachusetts State Representative Timothy O'Leary
|
||||
was tracked by credit-card transactions as he fled across
|
||||
the country, and his movements were reported on the nightly
|
||||
news!)
|
||||
|
||||
Then there are your school records, which include IQ and
|
||||
other test results, comments on your "socialization" by
|
||||
teachers and others, and may reveal family finances in great
|
||||
detail. Employment and tax records reveal your present
|
||||
income, as well as personal comments by employers and co-
|
||||
workers. Your properties are another public record of your
|
||||
income and lifestyle, and possibly your social status as
|
||||
well. Telephone billing records reveal your personal and
|
||||
business associations in more detail. Insurance records
|
||||
reveal personal and family health histories and treatments.
|
||||
|
||||
All of this information is commonly accessed by government
|
||||
and private or corporate investigators. And this list is
|
||||
far from exhaustive!
|
||||
|
||||
Now consider how easily the computer networks lend
|
||||
themselves to even further erosions of personal privacy. The
|
||||
actual contents of our mail and telephone traffic have up to
|
||||
now been subjected to deliberate scrutiny only under
|
||||
extraordinary conditions. This built-in safety is due
|
||||
primarily to the difficulty and expense of conducting
|
||||
surveillance in these media, which usually requires extended
|
||||
human intervention. But in the medium of computer
|
||||
communications, most surveillance can be conducted using
|
||||
automated monitoring techniques. Tools currently available
|
||||
make it possible and even cost-effective for government and
|
||||
other interests to monitor virtually everything which
|
||||
happens here.
|
||||
|
||||
Why would anyone want to monitor network users? It is well
|
||||
documented that, throughout the 1960s and 1970s, the FBI and
|
||||
other agencies of government, in operations such as the
|
||||
infamous COINTELPRO among others, spent a great deal of time
|
||||
and effort collecting vast lists of names. As Computer
|
||||
Underground Digest moderators Jim Thomas and Gordon Meyer
|
||||
recalled in a recent commentary (CuD #3.42):
|
||||
|
||||
"A 1977 class action suit against the Michigan State
|
||||
Police learned, through FOIA requests, that state and
|
||||
federal agents would peruse letters to the editor of
|
||||
newspapers and collect clippings of those whose politics
|
||||
they did not like. These news clippings became the basis
|
||||
of files on those persons that found there way into the
|
||||
hands of other agencies and employers."
|
||||
|
||||
To get onto one of these government "enemies" lists, you
|
||||
often needed to do nothing more than telephone an
|
||||
organization under surveillance, or subscribe to the "wrong"
|
||||
types of magazines and newspapers. Groups engaged in
|
||||
political activism, including environmental and women's
|
||||
rights organizations, were commonly infiltrated. The sort
|
||||
of investigative reporting which uncovered these lists and
|
||||
surveillances back in the '60s and '70s is now rare, but
|
||||
there is little reason to assume that such activities have
|
||||
ceased or even slowed. In fact, progressive computerization
|
||||
of local police LEIU activities (Law Enforcement
|
||||
Intelligence Units, commonly known as "red squads") suggests
|
||||
that such activities may have greatly increased.
|
||||
|
||||
Within the realm of computer conferencing especially, there
|
||||
is ample reason to believe that systematic monitoring is
|
||||
being conducted by government and law-enforcement
|
||||
organizations, and perhaps by other hostile interests as
|
||||
well. In a recent issue of Telecom Digest
|
||||
(comp.dcom.telecom), Craig Neidorf (knight@EFF.ORG) reported
|
||||
on the results of a recent Freedom of Information Act
|
||||
request for documents from the Secret Service:
|
||||
|
||||
" ... The documents also show that the Secret Service
|
||||
established a computer database to keep track of
|
||||
suspected computer hackers. This database contains
|
||||
records of names, aliases, addresses, phone numbers,
|
||||
known associates, a list of activities, and various
|
||||
[conference postings] associated with each individual."
|
||||
|
||||
But the privacy issues which surround computer
|
||||
communications go far beyond the collection of user lists.
|
||||
Both government and industry have long pursued the elusive
|
||||
grail of personality profiling on citizens and consumers. Up
|
||||
to now, such ambitions have been restrained by the practical
|
||||
difficulty and expense of collecting and analyzing large
|
||||
amounts of information on large numbers of citizens. But
|
||||
computer communications, more than any other technology,
|
||||
seems to hold out the promise that this unholy grail may
|
||||
finally be in sight.
|
||||
|
||||
To coin a phrase, never has so much been known by so few
|
||||
about so many. The information commonly available to
|
||||
government and industry investi-gators today is sufficient
|
||||
to make reliable predictions about our personalities,
|
||||
health, politics, future behavior, our vulnerabilities,
|
||||
perhaps even about our innermost thoughts and feelings. The
|
||||
privacy we all take for granted is, in fact, largely an
|
||||
illusion; it no longer exists in most walks of life. If we
|
||||
wish to preserve even the most basic minimum of personal
|
||||
privacy, it seems clear that we need to take far better care
|
||||
on the networks than we have taken elsewhere.
|
||||
|
||||
* * * * *
|
||||
|
||||
FREEDOM
|
||||
-------
|
||||
|
||||
Human beings are the only species with a history.
|
||||
Whether they also have a future is not so obvious.
|
||||
The answer will lie in the prospects for popular
|
||||
movements, with firm roots among all sectors of the
|
||||
population, dedicated to values that are suppressed
|
||||
or driven to the margins within the existing social
|
||||
and political order...
|
||||
[Noam Chomsky]
|
||||
|
||||
|
||||
In your day-to-day social interactions, as you deal with
|
||||
employers, clients, public officials, friends, acquaintances
|
||||
and total strangers, how often do you feel you can really
|
||||
speak freely? How comfortable are you discussing
|
||||
controversial issues such as religion, taxes, politics,
|
||||
racism, sexuality, abortion or AIDS, for example? Would you
|
||||
consider it appropriate or wise to express an honest opinion
|
||||
on such an issue to your boss, or a client? To your
|
||||
neighbors?
|
||||
|
||||
Most of us confine such candid discussions to certain
|
||||
"trusted" social contexts, such as when we are among our
|
||||
closest friends. But when you post to a network conference,
|
||||
your boss, your clients, and your neighbors may very well
|
||||
read what you post -- if they are not on the nets today,
|
||||
they probably will be soon, as will nearly everyone.
|
||||
|
||||
If we have to consider each post's possible impact on our
|
||||
social and professional reputations, on our job security and
|
||||
income, on our family's acceptance and safety in the
|
||||
community, it could be reckless indeed to express ourselves
|
||||
freely on the nets. Yet conferences are often geared to
|
||||
controversy, and inhibitions on the free expression of
|
||||
opinions can reduce traffic to a trickle, killing off an
|
||||
important conference topic or distorting a valuable sampling
|
||||
of public opinion.
|
||||
|
||||
More important still is the role computer networks are
|
||||
beginning to play in the free and open dissemination of news
|
||||
and information. Democracy is crippled if dissent and
|
||||
diversity in the media are compromised; yet even here in the
|
||||
U.S., where a "free press" is a cherished tradition, the
|
||||
bulk of all the media is owned by a small (and ever-
|
||||
shrinking) number of corporations, whose relatively narrow
|
||||
culture, interests and perspec-tives largely shape the
|
||||
public perception.
|
||||
|
||||
Computer communication, on the other hand, is by its nature
|
||||
very difficult to control or shape. Its resources are
|
||||
scattered; when one BBS goes bust (or is busted!), three
|
||||
others spring up in its place. The natural resiliency of
|
||||
computer communications (and other new, decentral-ized
|
||||
information technologies such as fax, consumer camcorders
|
||||
and cheap satellite links) is giving rise to a new brand of
|
||||
global "guerrilla journalism" which includes everyone, and
|
||||
defies efforts at suppression.
|
||||
|
||||
The power and value of this new journalistic freedom has
|
||||
recently shown itself during the Gulf War, and throughout
|
||||
Eastern Europe and the Soviet Union, as well as within the
|
||||
U.S. Just think of the depth and detail of information
|
||||
available on the nets regarding the Secret Service's recent
|
||||
"Operation Sundevil" and associated activities, compared to
|
||||
the grossly distorted, blatantly propagandistic coverage of
|
||||
those same activities given to the general public through
|
||||
the traditional media.
|
||||
|
||||
Historically, established power and wealth have seldom been
|
||||
disposed to tolerate uncontrolled media, and recent events
|
||||
in this country and elsewhere show that computer media are
|
||||
sometimes seen as threats to established interests as well.
|
||||
To understand the role of handles in this context, it is
|
||||
useful to note the flurries of anti-handle sentiment which
|
||||
have arisen in the wake of crackdowns such as Sundevil, or
|
||||
the Tom Tcimpidis raid in the early 1980s. Although few
|
||||
charges and fewer convictions have typically resulted from
|
||||
such operations, one might be tempted to speculate that the
|
||||
real purposes -- to terrorize the nets and chill freedoms of
|
||||
speech and assembly thereon -- have been achieved.
|
||||
|
||||
In this way, sysops and moderators become unwitting
|
||||
accomplices in the supression of freedom on the networks.
|
||||
When real name requirements are instituted, anyone who fears
|
||||
retaliation of any sort, by any group, will have to fear
|
||||
participation in the nets; hence content is effectively
|
||||
controlled. This consideration becomes especially important
|
||||
as the nets expand into even more violent and repressive
|
||||
countries outside the U.S.
|
||||
|
||||
We must decide whether freedom of information and open
|
||||
public discussion are in fact among the goals of network
|
||||
conferencing, and if so, whether handles have a role in
|
||||
achieving these goals. As access to the networks grows, we
|
||||
have a rare opportunity to frustrate the efforts of
|
||||
governments and corporations to control the public mind! In
|
||||
this way above all others, computers may have the potential
|
||||
to shape the future of all mankind for the better.
|
||||
|
||||
* * * * *
|
||||
|
||||
A CALL TO ACTION
|
||||
----------------
|
||||
|
||||
|
||||
The move to electronic communication may be a turning
|
||||
point that history will remember. Just as in
|
||||
seventeenth and eighteenth century Great Britain and
|
||||
America a few tracts and acts set precedents for
|
||||
print by which we live today, so what we think and do
|
||||
today may frame the information system for a
|
||||
substantial period in the future.
|
||||
[Ithiel de Sola Pool, "Technologies of Freedom", 1983]
|
||||
|
||||
|
||||
There was a time when anybody with some gear and a few
|
||||
batteries could become a radio broadcaster -- no license
|
||||
required. There was a time when anyone with a sense of
|
||||
adventure could buy a plane, and maybe get a contract to
|
||||
carry mail. Those early technological pioneers were
|
||||
probably unable to imagine the world as it is today, but
|
||||
their influence is strongly felt in current laws,
|
||||
regulations and policies with roots in the traditions and
|
||||
philosophies they founded and shaped.
|
||||
|
||||
Today the new pioneers are knitting the world together with
|
||||
computers, and the world is changing faster than ever. Law
|
||||
and ethics are scrambling to keep up. How far will this
|
||||
growth take us? No one can say for sure. But you don't
|
||||
need a crystal ball to see that computer communications has
|
||||
the potential to encompass and surpass all the functionality
|
||||
of prior media -- print, post, telegraph, telephone, radio
|
||||
and television -- and more. It seems reasonable to assume
|
||||
that computer communications will be at least as ubiquitous
|
||||
and important in the lives of our grandchildren as all the
|
||||
older media have been in ours.
|
||||
|
||||
It will be a world whose outlines we can now make out only
|
||||
dimly. But the foundations of that world are being built
|
||||
today by those of us exploring and homesteading on the
|
||||
electronic frontier. We need to look hard at what it will
|
||||
take to survive in the information age.
|
||||
|
||||
In this article we have attempted to show, for one very
|
||||
narrow issue, what some of the stakes may be in this future-
|
||||
building game. But the risks associated with exposing your
|
||||
name in a computer conference are not well defined, and
|
||||
various people will no doubt assess the importance of these
|
||||
risks differently. After all, most of us take risks every
|
||||
day which are probably greater than the risks associated
|
||||
with conferencing. We drive on the expressway. We eat
|
||||
sushi. To some people, the risks of conferencing may seem
|
||||
terrifying; to others, insignificant.
|
||||
|
||||
But let us not get side-tracked into unresolvable arguments
|
||||
on the matter. The real issue here is not how dangerous
|
||||
conferencing may or may not be; it is whether you and I will
|
||||
be able to make our own decisions, and protect ourselves (or
|
||||
not) as we see fit. The obvious answer is that users must
|
||||
exercise their collective power to advance their own
|
||||
interests, and to pressure sysops and moderators to become
|
||||
more sensitive to user concerns.
|
||||
|
||||
To help in that effort, we would like to recommend the
|
||||
following guidelines for user action:
|
||||
|
||||
-- Bear in mind John Perry Barlow's observation that
|
||||
"Liberties are preserved by using them". Let your
|
||||
sysop know that you would prefer to be using a
|
||||
handle, and use one wherever you can.
|
||||
|
||||
-- Try to support boards and conferences which allow
|
||||
handles, and avoid those which don't.
|
||||
|
||||
-- When using a handle, BEHAVE RESPONSIBLY! There will
|
||||
always be irresponsible users on the nets, and they
|
||||
will always use handles. It is important for the
|
||||
rest of us to fight common anti-handle prejudices by
|
||||
showing that handles are NOT always the mark of an
|
||||
irresponsible user!
|
||||
|
||||
-- Educate others about the importance of handles (but
|
||||
NEVER argue or flame anyone about it).
|
||||
|
||||
To sysops and moderators: We ask you to bear in mind that
|
||||
authority is often used best where it is used least. Grant
|
||||
users the right to engage in any harmless and responsible
|
||||
behaviors they choose. Protect your interests in ways which
|
||||
tread as lightly as possible upon the interests of others.
|
||||
The liberties you preserve may be your own!
|
||||
|
||||
In building the computer forums of today, we are building
|
||||
the social fabric of tomorrow. If we wish to preserve the
|
||||
free and open atmosphere which has made computer networking
|
||||
a powerful force, while at the same time taking care against
|
||||
the risks inherent in such a force, handles seem to be a
|
||||
remarkably harmless, entertaining and effective tool to help
|
||||
us. Let's not throw that tool away.
|
||||
|
||||
----------------------------------------------------------------------
|
||||
[end of excerpt]
|
||||
|
||||
|
||||
--
|
||||
David Collier-Brown, | davecb@Nexus.YorkU.CA | lethe!dave
|
||||
72 Abitibi Ave., |
|
||||
Willowdale, Ontario, | He's so smart he's dumb.
|
||||
CANADA. 416-223-8968 | -- Joyce Collier-Brown
|
||||
|
||||
From caf-talk Caf Jun 10 00:17:10 1992
|
||||
|
||||
288
textfiles.com/politics/antigvt1.txt
Normal file
288
textfiles.com/politics/antigvt1.txt
Normal file
@@ -0,0 +1,288 @@
|
||||
Antistatism: An Eye For An Eye . . .
|
||||
|
||||
Clarification:
|
||||
|
||||
All "words inside quotation marks" mean that those words were used "for
|
||||
lack of a better word."
|
||||
|
||||
Summary Of Political Ideology (Autonomy):
|
||||
|
||||
Decision Making:
|
||||
|
||||
- No government exists to make decisions for the Antistate (as a single
|
||||
entity) or the people within it.
|
||||
- Territorial, professional, and trade resolutions are made through free
|
||||
agreements between individuals or groups of individuals out of
|
||||
necessity.
|
||||
- Every individual or group of individuals in the Antistate can make
|
||||
free contracts (agreements) with any other individual or group of
|
||||
individuals anywhere. This is not an "ensured right," but a
|
||||
necessary means of survival.
|
||||
- The "free agreements" or "contracts" are open-ended arrangements (not
|
||||
written binding deals). They provide services or produce
|
||||
(material items) in return for services or produce between
|
||||
individuals or groups of individuals.
|
||||
- Example of a contract: Farmer Joe will give one third of his crop to
|
||||
Doctor Bob if Doctor Bob takes care of all Farmer Joe's medical
|
||||
concerns.
|
||||
- The contracts can be created, altered, or ended at any time.
|
||||
|
||||
Political Rights:
|
||||
|
||||
- There are no restrictions (no law, government, police, prisons, etc.)
|
||||
regulating what an individual can or cannot do in the Antistate.
|
||||
The individual has complete and total freedom.
|
||||
- This absolute liberty creates a balance that reacts with, and
|
||||
counteracts every action in the Antistate.
|
||||
- Example of balance of action: Farmer Joe breaks both his legs. Doctor
|
||||
Bob takes half Farmer Joe's crop and refuses to set Farmer Joe's
|
||||
broken legs. Farmer Joe either dies (unable to do anything) or
|
||||
makes contracts with Butch Thug and Orthopedic Surgeon Mary for
|
||||
protection and care.
|
||||
- Anyone can believe anything and say anything they please in the
|
||||
Antistate, but nobody has to listen.
|
||||
- Anyone can leave or enter the Antistate.
|
||||
- Political dissent is useless, an individual may try to implement a
|
||||
"true" political system, but with few followers this is futile.
|
||||
|
||||
Minority Rights:
|
||||
|
||||
- Once an individual is within the Antistate they have the complete
|
||||
freedom to do anything despite who the individual is.
|
||||
- It is impossible to "be a citizen" of the Antistate, this requires the
|
||||
recognition of an absent government.
|
||||
|
||||
Leaders & Government Involvement In Society:
|
||||
|
||||
- To clarify: The government is nonexistent, therefore it cannot have
|
||||
any leaders and cannot involve itself with anything.
|
||||
- If any social leaders (religious, etc.) arise (such as Ghandi) the
|
||||
extent of their "power" is limited to the number of individuals
|
||||
that choose to follow them.
|
||||
|
||||
Education And Professionals:
|
||||
|
||||
- As previously said, services are a commodity for barter, the more rare
|
||||
the service, the more desired it becomes.
|
||||
- Education is a valuable service; those people being taught are trading
|
||||
other items and services to the person who is educating them.
|
||||
- Services (medical, construction, just about anything, etc.) are given
|
||||
in exchange for items or other services.
|
||||
- The more educated one becomes in a trade (skill), the more they can
|
||||
rely on their knowledge to provide goods and services for them.
|
||||
- Education is a key tool in teaching people to survive independently.
|
||||
|
||||
Defence Of Political Ideology:
|
||||
|
||||
Major Advantages Of Antistatism (Autonomy):
|
||||
|
||||
Equality: Every person in the Antistate has equal opportunity. Since
|
||||
individual rights are absolute and unconditional in the Antistate, anybody can
|
||||
do anything. The same opportunities are available to everybody, and the
|
||||
ultimate goal of society is constant, survival.
|
||||
|
||||
Autonomy: It may seem that in our "democracy" we have almost complete
|
||||
freedom, this is not true. In Canada, there is a modest document (Bill of
|
||||
Rights) that attempts to "guarantee" the Canadian public a certain set of
|
||||
rights and freedoms. There is another document (the written law) that
|
||||
contains thousands upon thousands of restrictions and regulations placed on
|
||||
Canadian citizens. In short, there are more things we cannot do than things
|
||||
that we can do. Not only are we restricted in what we can do, we can also
|
||||
have our remaining rights involuntary removed (arrests and imprisonment,
|
||||
minors have few rights, questionable mental faculties, etc.). Finally, we pay
|
||||
(taxes) for the privilege of having our rights taken away. It's not a big
|
||||
secret that police, lawyers, and politicians cost money. These problems are
|
||||
avoided in the Antistate where the legal system, government, and law
|
||||
enforcement are forsaken.
|
||||
|
||||
Individualism & Collectivism: In the world today there are few who could
|
||||
survive completely independent of others. This is a basic principle of
|
||||
Antistatism. Within the Antistate an individual is free to be just that, an
|
||||
individual. The individual is bound by no laws other than necessity to merge
|
||||
with others. If an individual is forced to join others for any reason, the
|
||||
person loses their identity as an individual and becomes a group entity. The
|
||||
loss of individual identity and merger into a group entity forces unnecessary
|
||||
restrictions on the person, hindering progress. Necessity draws the individuals together (collects the individuals) and drives them to work for
|
||||
the good of each other, themselves included. From these mutual junctions of
|
||||
distinct individuals in an immense collection, progress is spawned. There is
|
||||
no other society, but the Antistate, in which an individual can work
|
||||
progressively with others and not lose their distinct identity.
|
||||
|
||||
Attacks On Antistatism:
|
||||
|
||||
Attack #1: "Wouldn't the stronger people take advantage of the weaker
|
||||
people? How can this be justified?"
|
||||
|
||||
Defence #1: Yes, the stronger, faster, and smarter people would take
|
||||
advantage of the weaker people. There is nothing wrong with this. Those
|
||||
people most capable of survival will live and develop and have children with
|
||||
the same characteristics of survival. The weak will be weeded out, sometimes
|
||||
by the strong and sometimes by the environment, and the weak characteristics
|
||||
that they possess will disappear from mankind. In this way, human beings will
|
||||
progress naturally as organisms, and socially as more hardy beings capable of
|
||||
independent survival. It is only within the last hundred years that human
|
||||
beings have become the only organisms to deviate from this natural state of
|
||||
things.
|
||||
|
||||
Attack #2: "What would stop another country from invading the Antistate
|
||||
and claiming all the territory?"
|
||||
|
||||
Defence #2: As was stated before, very few people are capable of
|
||||
independent survival. Therefore the individuals make contracts out of
|
||||
necessity for various things such as nourishment, shelter, and protection.
|
||||
One of the most common contracts that would arise among the people would be
|
||||
those of defence. In return for some commodity or service, protection would
|
||||
be given to the providing individual. Enough of these contracts would give
|
||||
way to a huge, self-governing army protecting each other, benefiting
|
||||
everybody.
|
||||
|
||||
Attack #3: "If the Antistate isn't really a state, how can it have
|
||||
political borders?"
|
||||
|
||||
Defence #3: If the Antistate can keep other countries from claiming it's
|
||||
territory, then the borders of the Antistate are defined as any territory
|
||||
unclaimed by any country.
|
||||
|
||||
Summary Of Economic Ideology (Private Enterprise):
|
||||
|
||||
Position On Economic Spectrum:
|
||||
|
||||
- The economic system in the Antistate is similar to extreme capitalism.
|
||||
- State enterprise, state involvement in the economy, and taxation is
|
||||
impossible without a state and therefore absent in the Antistate.
|
||||
- There is no currency; there is no state to produce it, and no need to
|
||||
represent large amounts of items.
|
||||
|
||||
Production:
|
||||
|
||||
- Everyone produces (for themselves) what is needed for survival and any
|
||||
"luxury items" desired.
|
||||
- Anything needed or desired by an individual (which the individual
|
||||
cannot produce) is taken from or traded for with goods or services
|
||||
with other individuals.
|
||||
- It is foolish to produce excess amounts (more than is needed for
|
||||
comfortable survival) of goods unless they are to be used for
|
||||
trade.
|
||||
- "Disposable income" (meaning excess "luxury items") depends on how
|
||||
hard the individual in question works to produce or trade for it.
|
||||
|
||||
Classless Society:
|
||||
|
||||
- Everyone has the same job, to get what is needed for survival (there
|
||||
are many means of doing this).
|
||||
- Without currency it is difficult to determine who is rich and who
|
||||
isn't (a monetary value cannot be given).
|
||||
- The "winners" (in an economic sense) are those who get what they need
|
||||
to survive and get the "luxury items" they want.
|
||||
- The "average" person gets what they need to survive plus a few "luxury
|
||||
items."
|
||||
- The "loser" dies, unable to get what is needed for survival.
|
||||
- Education is essential to maintain a "profitable" lifestyle.
|
||||
|
||||
Social Problems (If the Antistate is installed somewhere in the modern world):
|
||||
|
||||
- Poverty would run rampant until all those who could not learn to
|
||||
survive independently quickly enough are dead.
|
||||
- Crime would become commonplace until it becomes unprofitable (why
|
||||
murder the only doctor in town, etc.).
|
||||
- An extreme drop would occur in the economy for a long period until the
|
||||
above points are resolved.
|
||||
|
||||
Defence Of Economic Ideology:
|
||||
|
||||
Major Advantages Of Private Enterprise:
|
||||
|
||||
Liberty: Within a system of complete private enterprise, a person has
|
||||
the greatest possible amount of freedom to produce anything they want to (or
|
||||
nothing). Also, they can trade for (or take) any items they choose. An
|
||||
individual has the independence to pursue any activity they prefer (no working
|
||||
nine to five). You can take a vacation, give yourself a raise, or take that
|
||||
BMW anytime!
|
||||
|
||||
No Taxes, No Welfare: Who can argue with such a fine idea? No taxes, no
|
||||
welfare. No welfare means those who cannot or will not produce die. The
|
||||
people who need welfare die, the problem is erased. Great idea!
|
||||
|
||||
No Excess: The greatest amount of items being produced are those that
|
||||
people need. Producing these items requires time, effort and materials.
|
||||
Therefore, nothing is being produced and not used. The system becomes
|
||||
tailored to the needs of society, those who produce what everyone needs will
|
||||
be successful.
|
||||
|
||||
Attacks On Private Enterprise:
|
||||
|
||||
Attack #1: "You claimed earlier that all people in the Antistate would
|
||||
be equal. How can this be so when some people are bound to be better at
|
||||
producing things that everybody needs?"
|
||||
|
||||
Defence #1: What was claimed earlier was that all people in the
|
||||
Antistate have equal opportunities. Yes, some people will be "more
|
||||
successful" than others by producing things that everyone needs. There is a
|
||||
healthy balance created in private enterprise where the "winners" end up
|
||||
producing necessary things and get what they need while the "losers" produce
|
||||
plastic cows or fuzzy dice and end up with nothing. If everyone ends up
|
||||
producing the same vital, but now abundant item, it is only logical that some
|
||||
of them will get "business" while others won't. The others who aren't getting
|
||||
any "business" either find new items to produce or become "losers."
|
||||
|
||||
Attack #2: "How can you possibly leave those people who cannot produce
|
||||
without any assistance? It's inhumane to let them just die."
|
||||
|
||||
Defence #2: If you want to take care of them, you can do it, but to
|
||||
force me to do it is equally inhumane. Those people who cannot survive should
|
||||
die. They carry genetic traits (blindness for instance) that will pass on if
|
||||
they reproduce. I am in no way advocating that we should go out and destroy
|
||||
these people (nature does that just fine), I'm just saying to go out of our
|
||||
way and do the surviving for them is unnatural. This is another self-
|
||||
correcting problem that will take care of itself if left alone in a natural
|
||||
state.
|
||||
|
||||
Attack #3: "How do I stop Butch Thug or Sid Crook from stealing my BMW?"
|
||||
|
||||
Defence #3: Either let your BMW get stolen, or get a big gun and defend
|
||||
it. An eye for an eye. Why do we need cops when we can do the job better?
|
||||
|
||||
Rationale Behind Political/Economic Combination:
|
||||
|
||||
The ideology of Antistatism is the combination of three distinct
|
||||
political ideologies and two economic ideologies: democracy, anacro-communism,
|
||||
autonomy, private enterprise and capitalism. These ideologies express freedom
|
||||
for the people. Their merger into one system provides freedom in a plausible
|
||||
form.
|
||||
|
||||
Antistatism is the best possible 21st century ideology. Marx and Lenin
|
||||
have both claimed that final stage in a perfectly evolved society is autonomy.
|
||||
That is what the Antistate is, a perfectly evolved society. Within it is
|
||||
found independent, autonomous individuals who are producing and progressing to
|
||||
the benefit of everyone. The self-governing people are completely free to
|
||||
persue their personal goals and ideals within the confines of their survival.
|
||||
Without a government, there are no problems arising from powerful leaders,
|
||||
apathetic politicians and of course, no taxes. Let the people control
|
||||
themselves and the people will be content.
|
||||
|
||||
If government exists to serve the people, and it doesn't do this, then
|
||||
it doesn't work. When something doesn't work, you either fix it, or rid
|
||||
yourself of it for good.
|
||||
|
||||
Bibliography:
|
||||
|
||||
Alinsky, Saul D. 1972. Rules For Radicals. Vintage Books (Random House Inc.)
|
||||
Cohen, Carl, ed. 1972. Communism, Fascism, And Democracy: The Theoretical
|
||||
Foundations. Random House Inc.
|
||||
Dalton, George. 1974. Economic Systems & Society. Penguin Books Ltd.
|
||||
Jacker, Corinne. 1968. The Black Flag Of Anarchy. Charles Scribner's Sons.
|
||||
Laski, Harold J. 1955. "Anarchism." Encyclopedia Britannica. Ed. Walter Yust.
|
||||
vol. 1. William Benton. pp. 873-878.
|
||||
Lehning, Arthur. 1968. "Anarchism." Dictionary Of The History Of Ideas:
|
||||
Studies Of Selected Pivotal Ideas. vol. 1. Charles Scribner's Sons.
|
||||
pp. 70-76.
|
||||
Lenin, Vladimir. 1916. Imperialism, The Highest Stage Of Capitalism. Progress
|
||||
Publishers
|
||||
Lenin, Vladimir. "State And Revolution." Essential Works Of Marxism. Ed.
|
||||
Arthur P. Mendel. Bantam Books, Inc. pp. 103-198.
|
||||
Stalin, Joseph. "The Foundations Of Leninism." Essential Works Of Marxism. Ed.
|
||||
Arthur P. Mendel. Bantam Books, Inc. pp. 209-296.
|
||||
Ward, Colin. 1973. Anarchy In Action. Harper & Row, Publishers.
|
||||
|
||||
By Q&A
|
||||
|
||||
206
textfiles.com/politics/antipir.new
Normal file
206
textfiles.com/politics/antipir.new
Normal file
@@ -0,0 +1,206 @@
|
||||
|
||||
BILL TRACKING REPORT
|
||||
|
||||
|
||||
102nd Congress
|
||||
1st Session
|
||||
|
||||
U. S. Senate
|
||||
|
||||
S 893
|
||||
|
||||
1991 S. 893
|
||||
|
||||
AMENDMENT, TITLE 18, UNITED STATES CODE
|
||||
|
||||
DATE-INTRO: April 23, 1991
|
||||
|
||||
LAST-ACTION-DATE: October 5, 1992
|
||||
|
||||
FINAL STATUS: Pending
|
||||
|
||||
SPONSOR: Senator Orrin G. Hatch R-UT
|
||||
|
||||
TOTAL-COSPONSORS: 2 Cosponsors: 1 Democrats / 1 Republicans
|
||||
|
||||
SYNOPSIS: A bill to amend title 18, United States Code, to impose criminal
|
||||
sanctions for violation of software copyright.
|
||||
|
||||
ACTIONS: Committee Referrals:
|
||||
04/23/91 Senate Judiciary Committee
|
||||
06/09/92 House Judiciary Committee
|
||||
|
||||
Legislative Chronology:
|
||||
|
||||
1st Session Activity:
|
||||
04/23/91 137 Cong Rec S 4837 Referred to the Senate Judiciary Committee
|
||||
04/23/91 137 Cong Rec S 4862 Remarks by Sen. Hatch
|
||||
07/25/91 137 Cong Rec D 972 Senate Subcommittee on Patents, Copyrights
|
||||
and Trademarks approved for full Committee
|
||||
consideration
|
||||
08/01/91 137 Cong Rec D 1036 Senate Judiciary Committee ordered favorably
|
||||
reported
|
||||
09/23/91 137 Cong Rec S 13465 Cosponsors added
|
||||
|
||||
2nd Session Activity:
|
||||
04/07/92 138 Cong Rec S 4931 Reported in the Senate (S. Rept. No.
|
||||
102-268)
|
||||
06/04/92 138 Cong Rec S 7580 Passed in the Senate, after agreeing to
|
||||
an amendment proposed thereto, by voice
|
||||
vote
|
||||
06/04/92 138 Cong Rec S 7580 Senate adopted Specter (for Hatch)
|
||||
Amendment No. 1868, to make a technical
|
||||
correction, by voice vote
|
||||
06/04/92 138 Cong Rec S 7613 Hatch Amendment No. 1868, submitted
|
||||
06/09/92 138 Cong Rec H 4338 Senate requested the concurrence of the
|
||||
House
|
||||
06/09/92 138 Cong Rec H 4445 Referred to the House Judiciary Committee
|
||||
08/12/92 138 Cong Rec D 1066 House Subcommittee on Intellectual Property
|
||||
and Judicial Administration held a hearing
|
||||
09/10/92 138 Cong Rec D 1094 House Subcommittee on Intellectual Property
|
||||
and Judicial Administration approved for
|
||||
full Committee action amended
|
||||
09/30/92 138 Cong Rec D 1246 House Judiciary Committee ordered reported,
|
||||
amended
|
||||
10/03/92 138 Cong Rec H 11129 House voted to suspend the rules and pass,
|
||||
amended, by voice vote
|
||||
10/03/92 138 Cong Rec H 11129 House agreed to amend the title, by voice
|
||||
vote
|
||||
10/03/92 138 Cong Rec H 11196 Reported in the House, amended (H. Rept.
|
||||
102-997)
|
||||
10/05/92 138 Cong Rec S 16975 House requested the concurrence of the
|
||||
Senate
|
||||
|
||||
BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE)
|
||||
0604/92 (Measure passed Senate, amended ) Amends the Federal criminal code
|
||||
to impose criminal sanctions for copyright violations involving the
|
||||
reproduction or distribution, during any 180-day period, of specified
|
||||
numbers of copies infringing the copyright in one or more computer programs.
|
||||
|
||||
CRS Index Terms:
|
||||
|
||||
Crime and criminals; Computer software; Copyright infringement; Fines
|
||||
(Penalties)
|
||||
|
||||
CO-SPONSORS:
|
||||
|
||||
Original Cosponsors:
|
||||
|
||||
DeConcini D-AZ
|
||||
|
||||
Added 09/23/91:
|
||||
|
||||
Gorton R-WA
|
||||
|
||||
|
||||
|
||||
FULL TEXT OF BILLS
|
||||
|
||||
102ND CONGRESS; 2ND SESSION
|
||||
IN THE HOUSE OF REPRESENTATIVES
|
||||
AS REPORTED IN THE HOUSE
|
||||
|
||||
S. 893
|
||||
|
||||
1991 S. 893;
|
||||
|
||||
SYNOPSIS:
|
||||
AN ACT
|
||||
To amend title 18, United States Code, to impose criminal sanctions for
|
||||
violation of software copyright.
|
||||
|
||||
DATE OF INTRODUCTION: FEBRUARY 28, 1991
|
||||
|
||||
DATE OF VERSION: OCTOBER 5, 1992 -- VERSION: 5
|
||||
|
||||
SPONSOR(S):
|
||||
Sponsor not included in this printed version.
|
||||
|
||||
TEXT:
|
||||
102D CONGRESS
|
||||
2D SESSION
|
||||
S. 893
|
||||
|
||||
Report No. 102-997
|
||||
To amend title 18, United States Code, to impose criminal sanctions for
|
||||
violation of software copyright.
|
||||
|
||||
-------------------------------------
|
||||
|
||||
IN THE HOUSE OF REPRESENTATIVES
|
||||
|
||||
JUNE 9, 1992
|
||||
Referred to the Committee on the Judiciary
|
||||
|
||||
OCTOBER 3, 1992
|
||||
Reported with amendments, committed to the Committee of the Whole House
|
||||
on the State of the Union, and ordered to be printed
|
||||
|
||||
Strike out all after the enacting clause and insert the part printed in
|
||||
italic
|
||||
-------------------------------------
|
||||
|
||||
AN ACT
|
||||
To amend title 18, United States Code, to impose criminal sanctions for
|
||||
violation of software copyright.
|
||||
|
||||
* Be it enacted by the Senate and House of Representatives of the United*
|
||||
*States of America in Congress assembled, *
|
||||
** That (a) section 2319(b)(1) of title 18, United States Code, is
|
||||
amended-
|
||||
(1) in paragraph (B) by striking "or" after the semicolon;
|
||||
(2) redesignating paragraph (C) as paragraph (D);
|
||||
(3) by adding after paragraph (B) the following:
|
||||
"(C) involves the reproduction or distribution, during any
|
||||
180-day period, of at least 50 copies infringing the copyright
|
||||
in one or more computer programs (including any tape, disk, or
|
||||
other medium embodying such programs); or";
|
||||
(4) in new paragraph (D) by striking "or" after "recording,"; and
|
||||
(5) in new paragraph (D) by adding ", or a computer program",
|
||||
before the semicolon.
|
||||
(b) Section 2319(b)(2) of title 18, United States Code, is amended-
|
||||
(1) in paragraph (A) by striking "or" after the semicolon;
|
||||
(2) in paragraph (B) by striking "and" at the end thereof and
|
||||
inserting "or"; and
|
||||
(3) by adding after paragraph (B) the following:
|
||||
"(C) involves the reproduction or distribution, during any
|
||||
180-day period, of more than 10 but less than 50 copies
|
||||
infringing the copyright in one or more computer programs
|
||||
(including any tape, disk, or other medium embodying such
|
||||
programs); and".
|
||||
(c) Section 2319(c) of title 18, United States Code, is amended-
|
||||
(1) in paragraph (1) by striking "and" after the semicolon;
|
||||
(2) in paragraph (2) by striking the period at the end thereof and
|
||||
inserting "; and"; and
|
||||
(3) by adding at the end thereof the following:
|
||||
"(3) the term 'computer program' has the same meaning as set forth
|
||||
in section 101 of title 17, United States Code.".
|
||||
*SECTION 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT. *
|
||||
* Section 2319(b) of title 18, United States Code, is amended to read as*
|
||||
*follows: *
|
||||
* "(b) Any person who commits an offense under subsection (a) of this *
|
||||
*section- *
|
||||
* "(1) shall be imprisoned not more than 5 years, or fined in the *
|
||||
* amount set forth in this title, or both, if the offense consists of *
|
||||
* the reproduction or distribution, during any 180-day period, of at *
|
||||
* least 10 copies or phonorecords, of 1 or more copyrighted works, *
|
||||
* with a retail value of more than $2,500; *
|
||||
* "(2) shall be imprisoned not more than 10 years, or fined in the *
|
||||
* amount set forth in this title, or both, if the offense is a second *
|
||||
* or subsequent offense under paragraph (1); and *
|
||||
* "(3) shall be imprisoned not more than 1 year, or fined in the *
|
||||
* amount set forth in this title, or both, in any other case.". *
|
||||
*SEC. 2. CONFORMING AMENDMENTS. *
|
||||
* Section 2319(c) of title 18, United States Code, is amended- *
|
||||
* (1) in paragraph (1) by striking " 'sound recording', 'motion *
|
||||
* picture', 'audiovisual work', 'phonorecord'," and inserting " *
|
||||
* 'phonorecord' "; and *
|
||||
* (2) in paragraph (2) by striking "118" and inserting "120". *
|
||||
Amend the title so as to read: "An Act to amend title 18, United States
|
||||
Code, with respect to the criminal penalties for copyright
|
||||
infringement.".
|
||||
Passed the Senate June 4 (legislative day, March 26), 1992.
|
||||
Attest:
|
||||
WALTER J. STEWART,
|
||||
* Secretary.*
|
||||
|
||||
2709
textfiles.com/politics/antiterr
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2709
textfiles.com/politics/antiterr
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55
textfiles.com/politics/aots.txt
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55
textfiles.com/politics/aots.txt
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@@ -0,0 +1,55 @@
|
||||
1645
|
||||
|
||||
ANOTHER ON THE SAME
|
||||
|
||||
by John Milton
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
ANOTHER_ON_THE_SAME
|
||||
Another on the Same
|
||||
-
|
||||
Here lieth one who did most truly prove,
|
||||
That he could never die while he could move,
|
||||
So hung his destiny never to rot
|
||||
While he might still jogg on, and keep his trot,
|
||||
Made of sphear-metal, never to decay
|
||||
Untill his revolution was at stay.
|
||||
Time numbers motion, yet (without a crime
|
||||
'Gainst old truth) motion number'd out his time:
|
||||
And like an Engin mov'd with wheel and waight,
|
||||
His principles being ceast, he ended strait.
|
||||
Rest that gives all men life, gave him his death,
|
||||
And too much breathing put him out of breath;
|
||||
Nor were it contradiction to affirm
|
||||
Too long vacation hastned on his term.
|
||||
Meerly to drive the time away he sickn'd,
|
||||
Fainted, and died, nor would with Ale be quickn'd;
|
||||
Nay, quoth he, on his swooning bed out-stretch'd,
|
||||
If I may not carry, sure Ile ne're be fetch'd,
|
||||
But vow though the cross Doctors all stood hearers,
|
||||
For one Carrier put down to make six bearers.
|
||||
Ease was his chief disease, and to judge right,
|
||||
He di'd for heavines that his Cart went light,
|
||||
His leasure told him that his time was com,
|
||||
And lack of load, made his life burdensom,
|
||||
That even to his last breath (ther be that say't)
|
||||
As he were prest to death, he cry'd more waight;
|
||||
But had his doings lasted as they were,
|
||||
He had bin an immortall Carrier.
|
||||
Obedient to the Moon he spent his date
|
||||
In cours reciprocal, and had his fate
|
||||
Linkt to the mutual flowing of the Seas,
|
||||
Yet (strange to think) his wain was his increase:
|
||||
His Letters are deliver'd all and gon,
|
||||
Onely remains this superscription.
|
||||
-
|
||||
-THE END-
|
||||
169
textfiles.com/politics/apf-char.txt
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textfiles.com/politics/apf-char.txt
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|
||||
THE AMERICAN PRIVACY FOUNDATION
|
||||
|
||||
|
||||
Charter: WHEREAS millions of American citizens are presently having
|
||||
their privacy violated through electronic, chemical, and
|
||||
physical techniques, and,
|
||||
|
||||
WHEREAS many groups with authority, such as business and
|
||||
government, are increasingly utilizing these techniques
|
||||
in the continuing invasion of privacy, and,
|
||||
|
||||
WHEREAS these groups are increasingly coercing citizens to
|
||||
be subjected to these invasions, be denying employment,
|
||||
loans, benefits, or other required monetary incomes to
|
||||
those individuals who refuse to be monitored, tested, or
|
||||
investigated, and,
|
||||
|
||||
WHEREAS technological innovations are continuously making
|
||||
such violations more prevalent, less expensive, and easier
|
||||
to perform,
|
||||
|
||||
WITNESS THAT The American Privacy Foundation is hereby
|
||||
formed to counter the trends of increasing privacy
|
||||
violations in the United States of America.
|
||||
|
||||
The American Privacy Foundation is opposed to:
|
||||
|
||||
1) Collection, by any organization, of information showing
|
||||
what a citizen purchases on a day-to-day basis.
|
||||
2) Genetic testing for purposes of determining if a citizen
|
||||
possesses 'defective' or undesirable genes, and the
|
||||
subsequent distribution of this information to various
|
||||
organizations.
|
||||
3) Drug testing or monitoring by any of the following
|
||||
techniques; urine, blood, or hair follicle analysis;
|
||||
skin patches; or electronic devices meant to monitor
|
||||
legal or illegal substance useage of an individual.
|
||||
4) Sharing of information between the business community and
|
||||
government.
|
||||
5) Compilation of 'medical profiles' by data collection from
|
||||
various sources, for submission to business or insurance
|
||||
companies.
|
||||
6) Any electronic device which is used for tracking the
|
||||
location of a given individual on a continuous basis.
|
||||
7) Imbedded electronic devices intended to monitor and enforce
|
||||
legislation.
|
||||
8) Any attempt by the government to ban or eliminate cash
|
||||
currency, or to impose further controls or monitoring of
|
||||
currency.
|
||||
|
||||
1) DAY-TO-DAY TRANSACTION COLLECTION:
|
||||
a) Concern: A large amount amount of information about
|
||||
the lifestyle, eating habits, and medical conditions
|
||||
can be inferred from these records.
|
||||
b) Example: Several businesses, most notably high-
|
||||
technology grocery stores, have begun collecting
|
||||
day-to-day transaction information on individuals.
|
||||
This is accomplished by enticing a customer into using
|
||||
a 'Shopping Club'-type card, which indicates the
|
||||
identity of the purchaser as well as demographic
|
||||
information. The purchases are recorded against the
|
||||
customers' name, and a log of purchases can be
|
||||
compiled.
|
||||
c) Exceptions: The A.P.F. recognizes the necessity of
|
||||
business to keep records about credit and payment
|
||||
history, in order to determine eligibility for the
|
||||
privilidge of credit.
|
||||
|
||||
2) GENETIC TESTING:
|
||||
a) Concern: In a few short years, many human genes will be
|
||||
identified. If a person is discriminated against due to
|
||||
genetic abberations, this person is 'prosecuted before
|
||||
the fact'.
|
||||
b) Example: If you are found to have a gene predisposing you
|
||||
to alcoholism, you could be denied a job, loan, or
|
||||
insurance, even if you have never touched a drink in your
|
||||
entire life.
|
||||
c) Exceptions: A person might request genetic testing for his
|
||||
own knowledge or for overwhelming medical necessity. If the
|
||||
test is requested and desired by the person, and if the
|
||||
information is specifically prohibited from being shared
|
||||
with any other group, the APF has no objection to this
|
||||
practice.
|
||||
3) DRUG TESTING:
|
||||
a) This patently offensive practice presupposes guilt,
|
||||
and violates the 5th Amendment to the Constitution by
|
||||
requiring a person to undertake an action that may be
|
||||
self-incriminating. A person should be judged on their
|
||||
performance at work, only. If the person performs well,
|
||||
then they should be rewarded. If they perform poorly,
|
||||
they should be removed. What intoxicants are ingested
|
||||
by a person in their own time is in no way the business
|
||||
of any company or any government entity.
|
||||
b) Example: A patch has been developed that would be worn
|
||||
for up to one month, that is capable of detecting every
|
||||
drink, every cigarette, every substance ingested during
|
||||
that period.
|
||||
c) Exceptions: The APF does not object to standard drug
|
||||
tests for individuals in certain jobs that put other
|
||||
individuals at serious physical risk (e.g., jobs in
|
||||
the transportation industry or in nuclear power plants).
|
||||
Additionally, if a test is someday developed that tests
|
||||
present levels of intoxication, much like a Breathalyser
|
||||
does now, the APF has no objection to use of this test in
|
||||
any and all employment situations. (An employer, when he
|
||||
pays for your hours, has the right to expect you to be
|
||||
sober during those paid hours.)
|
||||
4) BUSINESS AND GOVERNMENT SHARING OF DATA:
|
||||
The government has an strong need to possess certain
|
||||
information on individuals (for administration of income
|
||||
taxes and social security benfits, as an example).
|
||||
Because of this, they possess powerful informational
|
||||
tool. If this information is leaked to companies or
|
||||
individuals, a serious breach of privacy occurs.
|
||||
Additionally, your geographic location and lifestyle
|
||||
can be inferred by the records collected by business.
|
||||
If this information is shared with the government, the
|
||||
stage is set for serious abuses, all the way up to
|
||||
Bosnian-style 'Ethnic Cleansing'.
|
||||
|
||||
5) COMPILATION OF MEDICAL PROFILES:
|
||||
A group known as the Medical Information Bureau, from
|
||||
Boston, Massachusettes, is rapidly becoming the 'TRW'
|
||||
of the medical community. They draw information from
|
||||
every source possible, including some that have been
|
||||
legally challenged as unethical.
|
||||
There is a legitimate need for credit-reporting companies,
|
||||
since they provide information allowing a lender to make
|
||||
intelligent decisions on the granting of something that
|
||||
is clearly a privilege (the granting of credit).
|
||||
There is not nearly as much reasonable rational as
|
||||
credit histories, since this is not an area in which
|
||||
special privileges are granted. All people have the right
|
||||
to work SOMEwhere. All people have the right to be granted
|
||||
medical care. With MIB records, these rights may soon
|
||||
be denied.
|
||||
6) LOCATION MONITORING:
|
||||
There is absolutely no reason why an employer or a
|
||||
government agency has the right to keep tabs on a
|
||||
persons' location on a continuous basis (excepting
|
||||
those individuals on probation or parole).
|
||||
There is a few businesses who have started using POSILOCK,
|
||||
a system in which an employee wears a badge that enables the
|
||||
employer to determine and track physical location of
|
||||
an employee in its' building throughout the day.
|
||||
7) ELECTRONIC LAW ENFORCEMENT:
|
||||
In a few short years, electronic microchips may be imbedded
|
||||
in a variety of common objects. In fact, recent developments
|
||||
will allow toll-road users to speed through toll-booths
|
||||
while an electronic device monitors their travel, and
|
||||
the tollsystem would automatically deduct amounts from
|
||||
a 'toll account' paid for by the traveller. In short
|
||||
order, software could be programmed to note your entry
|
||||
point, your exit point, and your average speed. If your
|
||||
average speed exceeded the speed limit, you could ALSO
|
||||
automatically receive a speeding ticket for your
|
||||
'transgression'. This concept can be carried to an
|
||||
extreme - with every object monitoring your every move,
|
||||
and issuing citations for any transgressions.
|
||||
8) THE CASHLESS SOCIETY:
|
||||
The government would truely love to make cash disappear
|
||||
entirely. If all transactions were electronic, many
|
||||
wonderous things would occur: Taxes could be collected on
|
||||
EVERY transaction you make, automatically deducted.
|
||||
And EVERY monetary transaction could be monitored, and
|
||||
the government would then know every little thing there
|
||||
is to know about us. This is perhaps the most insiduous and
|
||||
most dangerous of the potential dangers, but it is also the
|
||||
least likely to occur any time soon.
|
||||
1603
textfiles.com/politics/app-abde.txt
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1603
textfiles.com/politics/app-abde.txt
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364
textfiles.com/politics/arabs.txt
Normal file
364
textfiles.com/politics/arabs.txt
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@@ -0,0 +1,364 @@
|
||||
|
||||
A HISTORY OF THE ARAB PEOPLES OF THE MIDEAST
|
||||
|
||||
ARABS
|
||||
|
||||
The term Arabs refers to the people who speak Arabic as their
|
||||
native language. A Semitic people like the Jews (see SEMITES),
|
||||
Arabs form the bulk of the population of Algeria, Bahrain,
|
||||
Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman,
|
||||
Qatar, Saudi Arabia, Sudan, Syria, Tunisia, the United Arab
|
||||
Emirates, Yemen (Aden), and Yemen (Sana). In addition, there
|
||||
are about 1.7 million Palestinian Arabs living under Israeli
|
||||
rule in the WEST BANK and GAZA STRIP, territories occupied by
|
||||
Israel during the 1967 Arab-Israeli War (see ARAB-ISRAELI
|
||||
WARS), and more than 700,000 Arab citizens of Israel.
|
||||
Estimates of the total Arab population of the countries above
|
||||
range from 175 to 200 million. The great majority of Arabs are
|
||||
Muslims, but there are significant numbers of Christian Arabs
|
||||
in Egypt (see COPTIC CHURCH), Lebanon, and Syria and among
|
||||
Palestinians. In geographical terms the Arab world includes
|
||||
North Africa and most of the Middle East (excluding Turkey,
|
||||
Israel, and Iran), a region that has been a center of
|
||||
civilization and crossroads of trade since prehistoric times.
|
||||
|
||||
ARAB HISTORY
|
||||
|
||||
References to Arabs as nomads and camel herders of northern
|
||||
ARABIA appear in Assyrian inscriptions of the 9th century BC.
|
||||
The name was subsequently applied to all inhabitants of the
|
||||
Arabian peninsula. From time to time Arab kingdoms arose
|
||||
across on the fringes of the desert, including the Nabataeans
|
||||
at PETRA in southern Jordan in the 2d century BC and PALMYRA in
|
||||
central Syria in the 3d century AD, but no great Arab empire
|
||||
emerged until ISLAM appeared in the 7th century AD and provided a
|
||||
basis for Arab tribal unity.
|
||||
|
||||
Although a majority of Muslims today are not Arabs, the
|
||||
religion was born in the Arabian peninsula and Arabic is its
|
||||
mother tongue. MECCA, a place of religious pilgrimage for
|
||||
tribes of western Arabia and a trading center on the route
|
||||
between southern Arabia and the urban civilizations of the
|
||||
eastern Mediterranean and Iraq, was the birthplace of the
|
||||
prophet of Islam, MUHAMMAD Ibn Abdullah (c.570-632 AD); the
|
||||
Muslim calendar begins with his flight to MEDINA in 622 because
|
||||
it marked the founding of a separate Muslim community. By the
|
||||
time of Muhammad's death, Mecca and nearly all the tribes of
|
||||
the peninsula had accepted Islam. A century later the lands of
|
||||
Islam, under Arab leadership, stretched from Spain in the west
|
||||
across North Africa and most of the modern Middle East into
|
||||
Central Asia and northern India.
|
||||
|
||||
There were tow great Islamic dynasties of Arab origin, the
|
||||
UMAYYADS (661-750), centered in Damascus, and the ABBASIDS
|
||||
(750-1258), whose capital was Baghdad. Most Umayyad rulers
|
||||
insisted on Arab primacy over non-Arab converts to Islam, while
|
||||
the Abbasid caliphs (see CALIPHATE) accepted the principle of
|
||||
Arab and non-Arab equality as Muslims. At its height in the
|
||||
8th and 9th centuries, the Abbasid caliphate was
|
||||
extraordinarily wealthy, dominating trade routes between Asia
|
||||
and Europe. Islamic civilization flourished during the Abbasid
|
||||
period (see ARABIC LITERATURE; ISLAMIC ART AND ARCHITECTURE)
|
||||
even though the political unity of the caliphate often
|
||||
shattered into rival dynasties. Greek philosophy was
|
||||
translated into Arabic and contributed to the expansion of
|
||||
Arab-Persian Islamic scholarship. Islamic treatises on
|
||||
medicine, philosophy, and science, including Arabic translation
|
||||
of Plato and Aristotle, greatly influenced Christian thinkers
|
||||
in Europe in the 12th century by way of Muslim Spain. The
|
||||
power of the Arab Abbasid family declined from the 10th century
|
||||
onward due to internal political and religious rivalries and
|
||||
victories by Christian European Crusaders (see CRUSADES;
|
||||
MIDDLE EAST, HISTORY OF THE) seeking to recapture territory
|
||||
lost to Islam. The Mongol invasion of the 13th century
|
||||
(see MONGOLS) led to the destruction of the Abbasid caliphate in
|
||||
1258 and opened the way for the eventual rise of a great
|
||||
Turkish Muslim empire known as the OTTOMAN EMPIRE. The
|
||||
Ottomans took Constantinople (Istanbul) from the Byzantines in
|
||||
1453 and had taken control of the Arab Middle East and most of
|
||||
North Africa by the end of the 16th century. Arabs remained
|
||||
subjects of the Ottoman Turks for over 300 years.
|
||||
The Arab world of today is the product of Ottoman decline,
|
||||
European colonialism, and Arab demands for freedom from
|
||||
European occupation. At the beginning of World War I all of
|
||||
North Africa was under French (Algeria, Tunisia, Morocco),
|
||||
Italian (Libya), or British (Egypt) domination. After World
|
||||
War I the League of Nations divided the Arab lands that had
|
||||
remained Ottoman during the war between Britain and France with
|
||||
the understanding that each power would encourage the
|
||||
development of the peoples of the region toward self-rule.
|
||||
Iraq and PALESTINE (including what is now Jordan) went to
|
||||
Britain, and Syria and Lebanon to France. Britain had
|
||||
suggested to Arab leaders during the war that Palestine would
|
||||
be included in areas to be given Arab self-determination, but
|
||||
British officials then promised the region to the Zionist
|
||||
movement, which called for a Jewish state there (see ZIONISM).
|
||||
The Arab lands gained their independence in stages after World
|
||||
War II, sometimes, as in Algeria, after long and bitter
|
||||
struggles. Much of Palestine became the state of Israel in May
|
||||
1948, setting the stage for the Arab-Israeli conflict, in which
|
||||
five wars have occurred (1948-49, 1956, 1967, 1973, and 1982),
|
||||
and contributing to the rise of the PALESTINE LIBERATION
|
||||
ORGANIZATION (PLO), which gained prominence after the
|
||||
humiliating Arab losses in the 1967 war.
|
||||
|
||||
PEOPLE AND ECONOMY
|
||||
|
||||
Arabs have traditionally been considered nomads, epitomized by
|
||||
the BEDOUIN of Arabia. Stereotypical portrayals of Arabs today
|
||||
use the image of the nomad or tribal sheik, usually with
|
||||
prejudicial intent. In fact, it is difficult to generalize
|
||||
about Arabs in terms of appearance or way of life. Bedouins
|
||||
are less than 10 percent of the total Arab population. Most
|
||||
Arab societies are heavily urbanized, particularly the oil-rich
|
||||
states of the Arabian Peninsula. This reversal of the
|
||||
stereotype of the desert Arab owes much to the fact that there
|
||||
is little if any agriculture in such societies. Major peasant
|
||||
populations are found in countries such as Egypt (see
|
||||
FELLAHIN), Syria, Algeria, and Iraq, where there is water for
|
||||
irrigation, but even there generalizations are difficult. All
|
||||
these nations have heavy urban concentrations; Cairo, for
|
||||
example, has a population of 14 million and is still expanding.
|
||||
As a whole, then, Arab society today is more heavily urban than
|
||||
rural, as a result of major political, economic, and social
|
||||
changes that have occurred in the last century. In addition,
|
||||
there are important variations in political and religious
|
||||
outlooks among Arabs.
|
||||
|
||||
In the midst of such diversity the two basic elements uniting
|
||||
most Arabs are the Arabic language and Islam. Though spoken
|
||||
Arabic differs from country to country, the written language
|
||||
forms a cultural basis for all Arabs. Islam does the same for
|
||||
many, with Arabic being the language of the KORAN, the revealed
|
||||
word of God delivered through the prophet Muhammad. Most Arabs
|
||||
are Sunni Muslims (see SUNNITES). A minority are SHIITES. The
|
||||
division of Islam into two main branches is the result of a
|
||||
dispute over succession to the caliphate that goes back to the
|
||||
7th century and has led to certain doctrinal differences
|
||||
between the two branches. The major Shiite country is non-Arab
|
||||
Iran, but there are large numbers of Shiites in Iraq (where
|
||||
they form a majority) and in Lebanon (where Shiites are now the
|
||||
biggest single religious group). Shiite tensions are due
|
||||
partly to Iranian efforts to promote Shiite Islam in the
|
||||
aftermath of the 1979 revolution that brought Ayatollah
|
||||
Ruhollah KHOMEINI to power and partly to the fact that Shiites,
|
||||
who form the economic underclass in many Arab nations, feel
|
||||
that they have been discriminated against by the Sunnite
|
||||
majority.
|
||||
|
||||
Although traditional tribal life has nearly disappeared, tribal
|
||||
values and identity retain some importance, especially when
|
||||
linked to Islam. Descent from the clan of the prophet Muhammad
|
||||
or from one of the first Arab tribes to accept Islam still
|
||||
carries great prestige. Many villages and towns contain
|
||||
prominent families with common links to tribal ancestors.
|
||||
Blood ties contribute to the formation of political factions.
|
||||
These types of relationships are less prevalent in cities;
|
||||
even there, however, leading families may seek to intermarry
|
||||
their children to preserve traditional bonds, and many urban
|
||||
families retain patronage ties to their villages.
|
||||
|
||||
Nevertheless, the importance of kinship has been weakened by
|
||||
the rapid expansion of urban society, by modern educational
|
||||
systems, and by the creation of centralized governments whose
|
||||
bureaucracies are often the major source of employment for
|
||||
university graduates. Many educated young people choose
|
||||
spouses from among fellow classmates, a development that
|
||||
reflects especially the expansion of educational and
|
||||
professional opportunities for women. It is not uncommon for
|
||||
young people to become engaged and then wait a year or two to
|
||||
marry because they cannot find or afford suitable housing
|
||||
immediately. In the past the bride would have become part of
|
||||
the husband's family household, a custom still followed in many
|
||||
villages.
|
||||
|
||||
This rapid pace of urbanization and social change has been
|
||||
encouraged by economic constraints found in many Arab
|
||||
societies. Except for oil, there are few natural resources to
|
||||
be exploited for industrial development. Agricultural
|
||||
productivity is generally high in Arab countries, but
|
||||
productive land is scarce in some regions because of the lack
|
||||
of water, and droughts and rising demand have increased the
|
||||
possibility of conflicts over water resources shared by
|
||||
neighboring countries. Fewer opportunities in agriculture,
|
||||
coupled with social modernization, have caused young people to
|
||||
flock to major cities seeking education and employment. This
|
||||
has placed serious strains on governmental abilities to respond
|
||||
to social needs.
|
||||
|
||||
This process has been exacerbated by another factor--the rapid
|
||||
rate of population growth in many Arab countries. Most have a
|
||||
rate of increase near 3% annually, as compared to rates of
|
||||
growth in Western Europe of under 1%. These growth rates
|
||||
reflect the impact of modern medicine and social services that
|
||||
have lessened infant mortality. The tendency to smaller
|
||||
families found in Western urban societies has not occurred
|
||||
because of the prevalence of traditional attitudes favoring
|
||||
large families, particularly among the poor and in areas where
|
||||
tribal values prevail. The United Arab Emirates has a growth
|
||||
rate approaching 9%, and even a rate of 2.7% for Egypt means
|
||||
that a million Egyptians are born every 9 months in a country
|
||||
where agricultural land comprises only 12% of the total land
|
||||
area, forcing further urban congestion and the need to import
|
||||
more food to maintain subsistence levels. This inability to
|
||||
feed one's population from indigenous resources leads to
|
||||
increased indebtedness and a diversion of funds needed for
|
||||
development.
|
||||
One final element in this equation is the large number of young
|
||||
people in these expanding populations. For example, 6% of all
|
||||
Tunisians are under 20 years of age, a not unrepresentative
|
||||
statistic suggesting that future problems of unemployment and
|
||||
food shortages will be greater than they are now. These
|
||||
population indices suggest great potential for social unrest,
|
||||
and the failure of many secular Arab regimes to fulfill their
|
||||
promises of economic prosperity and national strength have
|
||||
contributed to the increasing adherence to Islam by young
|
||||
people in some Arab countries. Among the young, in particular,
|
||||
Arab inability to regain the territories lost in the 1967 war
|
||||
with Israel led to questioning of the secular ideologies that
|
||||
had dominated regional politics during the post-World War II
|
||||
era, while a growing gap between rich and poor and the spread
|
||||
of education increased demands for greater participation in
|
||||
largely undemocratic political systems.
|
||||
|
||||
MODERN POLITICS AND SOCIAL ISSUES
|
||||
|
||||
The men who led the Arab independence movements after World War I
|
||||
were usually secularists. Although many of them, such as
|
||||
Egypt's Gamal Abdul NASSER, were Pan-Arab nationalists who
|
||||
advocated the creation of a single Arab nation, they believed
|
||||
it essential that their countries adopt many aspects of Western
|
||||
civilization, such as secular laws, parliamentary government,
|
||||
and the like. These views challenged the primacy of Islam in
|
||||
everyday life. Islamic law (see SHARIA) makes no distinction
|
||||
between religious and temporal power. Muslims believe that all
|
||||
law derives from the Koran, and that God's word must therefore
|
||||
apply to all aspects of life. The gradual relegation of Islam
|
||||
to the realm of personal status, a process that began during
|
||||
the period of Western dominance, continued as Arab nations
|
||||
gained independence under nationalist leaders who believed that
|
||||
Islam lacked answers to the problems confronting modern society
|
||||
and national development.
|
||||
|
||||
Many devout Arab Muslims disagreed. The Muslim Brotherhood,
|
||||
for example, was formed in Egypt as early as 1929 to meet the
|
||||
needs of Egyptians uprooted by modern economic and cultural
|
||||
inroads into traditional Egyptian life. A central tenet of all
|
||||
such Muslim groups is the belief that Western economic and
|
||||
social values cannot restore past Arab greatness, and that
|
||||
Muslim societies must be based on principles derived from their
|
||||
own roots. Beyond this, such groups often differ on the type
|
||||
of society they envisage and how to achieve it. Some
|
||||
organizations advocate overthrow of existing regimes, others
|
||||
the spread of their views by peaceful means. The call to Islam
|
||||
has special appeal to those who are unemployed and have little
|
||||
hope of a secure future, people who are the victims rather than
|
||||
the beneficiaries of modernization. Many others who have
|
||||
rejected membership in such groups have returned to the private
|
||||
religious duties of Islam, such as praying five times daily,
|
||||
fasting during the holy month of RAMADAN, and making a
|
||||
pilgrimage to Mecca.
|
||||
|
||||
Muslim organizations see the West as the real threat to Islamic
|
||||
stability. Most see Israel as an agent of the West in the
|
||||
Middle East, depriving Palestinian Arabs of their rightful
|
||||
homeland. Even secular Arabs who admire the West and fear
|
||||
reintroduction of a Muslim theocracy nevertheless often feel
|
||||
angered at what they perceive as Western and especially
|
||||
American ignorance of and unconcern for Arab concerns. The
|
||||
Palestinian uprising (intifada) launched in December 1988 has
|
||||
created new awareness of the problem.
|
||||
|
||||
On the other hand, anti-Israel pronouncements have often served
|
||||
to create a false impression of unity when real agreement was
|
||||
lacking. The ARAB LEAGUE, formed in 1945, has been more a
|
||||
forum for Arab infighting than a framework for cooperation.
|
||||
Arabs genuinely feel common bonds based on language and a
|
||||
shared historical and cultural legacy, but they also identify
|
||||
themselves as Egyptians, Iraqis, and so on. Their ideological
|
||||
differences reflect the wide range of governing systems in the
|
||||
Arab world, from socialist regimes to oil-rich monarchies.
|
||||
|
||||
Complicating factors for the region have been the GULF WAR
|
||||
(1980-88) between Iran and Iraq and increased tensions between
|
||||
Iran and the Arab states of the Persian Gulf. These conflicts
|
||||
focused attention on the major oil-producing region of the
|
||||
world. As of 1987, more than 69% of the proved oil reserves of
|
||||
the globe could be found in the Middle East, particularly in
|
||||
Saudi Arabia, which contains nearly half of the world's
|
||||
reserves. Oil has been exported from the Arab world since the
|
||||
1930s, but only with the creation of the ORGANIZATION OF
|
||||
PETROLEUM EXPORTING COUNTRIES (OPEC) in 1960 and the Libyan
|
||||
revolution of 1969 did these countries begin to determine oil
|
||||
prices themselves. Although only eight Arab nations are
|
||||
substantial oil producers and OPEC has several non-Arab
|
||||
members, the organization is usually associated with Arab oil;
|
||||
the oil shortages of 1973-74 resulted from Saudi anger at U.
|
||||
S. policy during the 1973 Arab-Israeli War. Overproduction
|
||||
drove down prices in the 1980s, weakening OPEC's clout and the
|
||||
ability of the oil-producing Arab states to provide aid and
|
||||
jobs for the poorer Arab nations. Oil experts believe,
|
||||
however, that the Arab world will remain the strategically
|
||||
significant center of world oil production well into the 21st
|
||||
century, a fact that has contributed to the involvement of
|
||||
foreign powers in the region.
|
||||
|
||||
FUTURE PROSPECTS
|
||||
|
||||
The Arab world holds potential for both growth and conflict. A
|
||||
solution to the Palestinian problem would defuse the likelihood
|
||||
of another Arab-Israeli war and permit allocation of resources
|
||||
to domestic sectors rather than to military outlays. Arab
|
||||
states, however, need to settle their own differences as well.
|
||||
Some efforts to promote more unified approaches to problems of
|
||||
common interest have been made in recent years, including the
|
||||
formation of the Gulf Cooperation Council (Saudi Arabia,
|
||||
Kuwait, Oman, Qatar, and the United Arab Emirates) in 1981 and
|
||||
the Arab Maghrib Union (Algeria, Libya, Mauritania, Morocco and
|
||||
Tunisia) and the Arab Cooperation Council (Egypt, Iraq, Jordan,
|
||||
and Yemen [Sana]) in 1989. The major inter-Arab rivalry is
|
||||
that between Syria and Iraq, the principal internal problem
|
||||
that of Lebanon, where communal strife has involved its
|
||||
neighbors and destabilized the region. The impact of
|
||||
population growth on economic development and the appeal of
|
||||
Islamic revolutionary factions to the disaffected will remain
|
||||
crucial to Arab prospects into the next century. CHARLES D.
|
||||
SMITH
|
||||
|
||||
MEMBERS OF THE ARAB LEAGUE
|
||||
|
||||
---------------------------------------------------------------
|
||||
COUNTRY AREA POPULATION PER CAPITA INFANT PERCENT
|
||||
(km sq.) (1989 EST.) INCOME MORTALITY URBAN
|
||||
(1986) (per 1,000
|
||||
live births)
|
||||
---------------------------------------------------------------
|
||||
Algeria * 13,600 24,900,000 2,570 81 43
|
||||
Bahrain 678 500,000 8,530 26 81
|
||||
Djibouti 23,200 400,000 1,067 127 74
|
||||
Egypt 1,001,449 54,800,000 760 93 45
|
||||
Iraq * 458,317 18,100,000 2,400 69 68
|
||||
Jordan 97,740 4,000,000 1,550 54 69
|
||||
Kuwait* 17,818 2,100,000 13,890 16 94
|
||||
Lebanon 16,000 3,300,000 1,000 50 80
|
||||
Libya * 1,759,540 4,100,000 7,170 74 76
|
||||
Mauritania 1,030,700 2,000,000 440 132 35
|
||||
Morocco 446,550 25,600,000 590 90 43
|
||||
Oman 212,457 1,400,000 4,990 100 9
|
||||
Qatar * 11,000 400,000 12,520 31 88
|
||||
Saudi 2,149,690 14,700,000 6,930 71 73
|
||||
Arabia
|
||||
Somalia 637,457 8,200,000 280 137 33
|
||||
Sudan 2,505,813 24,500,000 320 113 20
|
||||
Syria 185,180 12,100,000 1,560 48 50
|
||||
Tunisia 163,610 7,900,000 1,140 77 53
|
||||
United Arab 83,600 1,700,000 14,410 32 81
|
||||
Emirates*
|
||||
Yemen 332,968 2,500,000 480 132 20
|
||||
(Aden)
|
||||
Yemen 195,290 6,900,000 950 113 40
|
||||
(Sana)
|
||||
-----------------------------------------------------------------
|
||||
* Member of OPEC
|
||||
|
||||
|
||||
146
textfiles.com/politics/arafat.txt
Normal file
146
textfiles.com/politics/arafat.txt
Normal file
@@ -0,0 +1,146 @@
|
||||
Arafat's Speech in Johannesburg
|
||||
May 10, 1994
|
||||
|
||||
|
||||
The following is the complete text of PLO Chairman Yasser Arafat's
|
||||
address to a Islamic gathering in a mosque in Johannesburg on May 10,
|
||||
as broadcast by Israel Radio, Kol Yisrael:
|
||||
|
||||
|
||||
|
||||
Brothers, I have to thank you to give me this opportunity to come here
|
||||
to pray together, and Insh'Allah, we will pray together very soon in
|
||||
Jerusalem, the first shrine of Islam.
|
||||
|
||||
Excuse me for my poor language in English, but I try to do my best.
|
||||
|
||||
My brothers, after the signing of the agreement, and we have to
|
||||
understand that after the gulf war, the real conspiracy is to demolish
|
||||
completely the Palestinian issue from the agenda of the international
|
||||
new order. This is where the main conspiracy and it was not easy,
|
||||
because our people as you know had paid the price of this gulf war. As
|
||||
you know our community in Kuwait which was the biggest and richest
|
||||
community in Kuwait had been kicked out of Kuwait.
|
||||
|
||||
Not only that, after that we had been placed by this initiative
|
||||
declared by President Bush for Madrid Conference. And it wasn't easy,
|
||||
how we had accept to go to Madrid Conference. Why? Not to give them
|
||||
the reason and an excuse to exclude the cause of Jerusalem, the cause
|
||||
of Palestine. This has to be understood. And long after this agreement
|
||||
which is the first step and not more than that, believe me. There are
|
||||
a lot to be done.
|
||||
|
||||
The Jihad will continue and Jersualem is not for the Palestinian
|
||||
People. It is for all the Muslim Uma, all the Muslim Uma. You are
|
||||
responsible for Palestine and for Jerusalem before me.
|
||||
|
||||
(Verse from the Koran in Arabic) And we saved him (Abraham) and Lot,
|
||||
and we brought him to the land which is blessed for ever.
|
||||
|
||||
This blessing, to Abraham, for the land which had been blessed for the
|
||||
whole world. While after this agreement, you have to understand, our
|
||||
main battle is not to get how much we can achieve from them here or
|
||||
there. Our main battle is Jerusalem, Jerusalem, the first shrine of
|
||||
the Muslims.
|
||||
|
||||
This has to be understood for everybody and for this I was insisting
|
||||
before signing to have a letter from them, from the Israelis, that
|
||||
Jerusalem is one of the items which has to be under discussion. And
|
||||
no, the permanent state of Israel- no! It is the permanent state of
|
||||
Palestine. Yes, it is the permanent state of Palestine.And in this
|
||||
letter it is very important for everybody to know, I insist to mention
|
||||
and they have written it and I have this letter. I didn't declare - I
|
||||
didn't publish it till now. In this letter we are responsible for all
|
||||
the Christian and Muslim and the Islamic holy sacred places, and I had
|
||||
insisted to mention the Christian holy sacred place before the Islamic
|
||||
holy sacred place because I had to be faithful to the agreement
|
||||
between the Calipha Omar and the Patriarch Saphrona.
|
||||
|
||||
You remember this agreement between the Calipha Omar and the Patriarch
|
||||
Saphrona. For this I was insisting to mention in this letter the
|
||||
Christian holy places beside the Islamic holy places.
|
||||
|
||||
And here we are, I came and I have to speak frankly. I can't do it
|
||||
alone, without the support of the Islamic Uma, I can't do it alone.
|
||||
And what to say like the Jews, go and you will have to fight alone.
|
||||
No! You have to come, and to fight and to start the Jihad to liberate
|
||||
Jerusalem your first shrine.
|
||||
|
||||
And this is very important. And for this, in the agreement, I insist
|
||||
with my colleagues, with my brothers to mention that not exceeding the
|
||||
beginning of the third year and directly after signing the Cairo
|
||||
agreement to start discussions for the future of Jerusalem. The future
|
||||
of Jerusalem.
|
||||
|
||||
And you saw me on TV while I was hesitating...you remember the
|
||||
picture? Becuase I was insisting to mention Jerusalem. And I said OK,
|
||||
I don't want only from Rabin this promise. No! I want this promise
|
||||
from the co-sponsors, Christopher and Kosyrev, and as a witness,
|
||||
President Mubarak. And this has been done, which is very important for
|
||||
everbody to know.
|
||||
|
||||
Now, here we are. And everybody has to understand that there is a
|
||||
continuous conspiracy against Jerusalem. During the next two years,
|
||||
which have been mentioned, not exceeding the beginning of the third
|
||||
year, they will try to demolish and to change the demographics of
|
||||
Jerusalem. It is very important, unless we have to be very cautious
|
||||
and to put it in our priority as nothing worth to be priority than
|
||||
Jerusalem. To put it in our first priority not only as Palestinians,
|
||||
not only as Arabs, but as Muslims and as Christians too. I have
|
||||
mentioned this to the Pope and to the Patriarch of Istanbul and the
|
||||
Archbishop of Canterbury. To those I told them, if you want to make
|
||||
your holy sepulchre, your holy, sacred Christian places. OK. Carry on
|
||||
with the Israelis, with the Jews.
|
||||
|
||||
We are not against the Jews. We have to remember what has been
|
||||
mentioned in our Koran, (quotation in Arabic from the Koran) And in
|
||||
English, that among the nations of Musa there is a nation, or a part
|
||||
of the nation, which they believe in just, and by just they control.
|
||||
And for your information, there are two Jewish sects, in Palestine.
|
||||
Samaritans in Nablus and Natorei Karta in Jersualem. They are refusing
|
||||
to recognize the state of israel and they are considering themselves
|
||||
as Palestinians. I'm saying this to give you proof that what they are
|
||||
saying that it is their Capital - no! It is not their capital, it is
|
||||
our capital, it is your capital. It is the first Shrine of the Islam
|
||||
and the Muslims.
|
||||
|
||||
But we are in need of your support. Everywhere. This is a message for
|
||||
the people, of Palestine from our populations in Jerusalem. Calling to
|
||||
you, everybody here, not only here, everywhere, and I'm sure sooner or
|
||||
later, we'll pray in Jerusalem.Together.
|
||||
|
||||
This agreement I am not considering it more than the agreement which
|
||||
had been signed between our prophet Muhhamud and Quraysh. And you
|
||||
remember, Caliph Omar had refused this agreement and considering the
|
||||
agreement of the very low class. But Muhammud had accepted it and we
|
||||
are accepting now this peace accord.
|
||||
|
||||
But to continue our way to Jerusalem, to the first shrine, together
|
||||
and not alone. And we have to say clearly and honestly, that there is
|
||||
a very, very, very difficult circumstances that face us. I'll give one
|
||||
quote - one example. You remember after the massacre took place in the
|
||||
Mosque in Hebron? You remember? Twenty two days the security council
|
||||
was hesitating to accept the resolution to condemn this massacre. You
|
||||
remember? Twenty two days. Do you know why? For one way I was
|
||||
insisting to put in this resolution "throughout the occupied
|
||||
Palestinian land and territories, including Jerusalem." They were
|
||||
trying to bargain with me, to cancel Jerusalem. I refused. And I got
|
||||
it in the end, and you remember.
|
||||
|
||||
Again, I have to thank you, I have to thank you from my heart, from my
|
||||
heart, and I am telling you frankly from brother to brother, we are in
|
||||
need of you, we are in need of you as Muslims, as Mujadin.
|
||||
|
||||
And on this occasion, I have to tell my old friend, my old brother,
|
||||
Nelson Mandela, to thank him for give me this invitation to come, to
|
||||
visit South Africa for the first time as a part of your struggle, I am
|
||||
here. And I am telling again by your names and by the name of the
|
||||
Islamic Uma that we will be beside him and we are sure that you will
|
||||
continue to be beside us.
|
||||
|
||||
(Verses from the Koran in Arabic) We will enter the Mosque (El Aksa),
|
||||
like we entered the first time.. God doesn't break his promise. .And
|
||||
together, shoulder to shoulder, until victory, until victory, till
|
||||
Jerusalem, to Jerusalem, to Jerusalem.
|
||||
|
||||
They will help us more than they ever did before.
|
||||
113
textfiles.com/politics/armscont.txt
Normal file
113
textfiles.com/politics/armscont.txt
Normal file
@@ -0,0 +1,113 @@
|
||||
***** Reformatted. Please distribute.
|
||||
|
||||
|
||||
|
||||
CLINTON/GORE ON ARMS CONTROL
|
||||
|
||||
|
||||
The end of the Cold War leaves two great tasks for
|
||||
American arms control policy: to halt the spread
|
||||
of nuclear, chemical, biological and missile
|
||||
technologies to countries that do not have them;
|
||||
and to turn the legacy of the Cold War into
|
||||
effective strategy for the post-Cold War era.
|
||||
|
||||
|
||||
The Clinton/Gore Plan
|
||||
|
||||
Stop nuclear proliferation
|
||||
|
||||
* Bolster the International Atomic Energy
|
||||
Agency's capacity to inspect suspect
|
||||
facilities through surprise inspections in
|
||||
member countries.
|
||||
|
||||
* Lead a strong international effort to impose
|
||||
sanctions against companies or countries that
|
||||
spread dangerous weapons.
|
||||
|
||||
* Demand that other nations tighten their export
|
||||
laws and strengthen enforcement of policies
|
||||
regarding nuclear weapons.
|
||||
|
||||
* Never again subsidize the nuclear ambitions of
|
||||
a Saddam Hussein.
|
||||
|
||||
* Ensure that agricultural and other non-
|
||||
military loans to foreign governments are used
|
||||
as intended.
|
||||
|
||||
* Strengthen safeguards to ensure that key
|
||||
nuclear technology and equipment are kept out
|
||||
of dictators' grasp.
|
||||
|
||||
* Ratify the START Treaty and the follow-on
|
||||
agreement of June, 1992.
|
||||
|
||||
Pursue and strengthen international agreements
|
||||
|
||||
* Make non-proliferation the highest priority of
|
||||
our intelligence agencies.
|
||||
|
||||
* Press more nations to sigh and abide by the
|
||||
Missile Technology Control Regime.
|
||||
|
||||
* Conclude a chemical weapons convention banning
|
||||
the production, stockpiling, or use of
|
||||
chemical weapons.
|
||||
|
||||
* Lead the effort to achieve a Comprehensive
|
||||
Test Ban Treaty through a phased approach.
|
||||
|
||||
Nuclear weapons plans for the 21st century
|
||||
|
||||
* Maintain a survivable nuclear deterrent,
|
||||
consistent with our needs in the post-Cold War
|
||||
era.
|
||||
|
||||
* Develop effective defenses to protect our
|
||||
troops from short and medium range missiles.
|
||||
|
||||
* Support research on limited missile defense
|
||||
systems to protect the U.S. against new long-
|
||||
range missile threats.
|
||||
|
||||
* Conduct all such activities in strict
|
||||
compliance with the Anti-Ballistic Missile
|
||||
(ABM) Treaty.
|
||||
|
||||
The Record
|
||||
|
||||
* Al Gore has gained an international reputation
|
||||
as an innovative and hard working expert on
|
||||
arms control issues.
|
||||
|
||||
* Advocated sharp reductions in weapons and
|
||||
shift from destabilizing land-based multiple-
|
||||
warhead missiles to single warhead missiles -
|
||||
now core objectives of the American
|
||||
negotiating position.
|
||||
|
||||
* Wrote legislation to stop proliferation of
|
||||
ballistic missiles capable of delivering
|
||||
nuclear weapons, and is advocating new
|
||||
legislation to block the spread of chemical,
|
||||
biological and nuclear weapons to Iraq.
|
||||
|
||||
* Resisted weakening of the ABM treaty and
|
||||
worked to keep SDI form violating from U.S.
|
||||
obligations.
|
||||
|
||||
* Fought efforts to scrap SALT II limits and
|
||||
preserved them as the foundations for START.
|
||||
|
||||
* Favored a ban on short-time of flight or
|
||||
depresses trajectory missiles - a year before
|
||||
US negotiators adopted the position.
|
||||
|
||||
* Advocated special treatment for nuclear armed
|
||||
sea-launched cruise missiles because of their
|
||||
unusual nature.
|
||||
|
||||
* Monitored Geneva arms control talks as one of
|
||||
ten Senate observers.
|
||||
59
textfiles.com/politics/art.nws
Normal file
59
textfiles.com/politics/art.nws
Normal file
@@ -0,0 +1,59 @@
|
||||
The Ultimate society - The Quest for a Lost America
|
||||
by Howard C. Miller
|
||||
|
||||
America was once a golden promise of freedom for those who would
|
||||
flee from places of slavery anddictatorship. Have we abused or
|
||||
misued our freedom, or even given it a false image? Even today,
|
||||
in the modern American society, prejudice, racism and hatred are
|
||||
to be found everywhere. Is this truly a civilized land we live in,
|
||||
when we review some of the true wrongs of our society? We
|
||||
certainly have been given far more freedom and rights than any
|
||||
other country has ever known, but from what I see, I wonder if we
|
||||
deserve them. Perhaps we do, or perhaps not all of us do.
|
||||
|
||||
One major problem is the way the government totally misuses the
|
||||
political system. Another major problem is the mass communications
|
||||
area, which can and often does give a narrowminded and biased view
|
||||
of the subject they are referring to. And possibly the most
|
||||
serious of these problems is our education in the public schools
|
||||
of America This is partly the fault of the government.
|
||||
|
||||
Since it looks probable that we cannot change the ways of the
|
||||
people who are in command today as responsible adults, when
|
||||
referring to those past thei fourth decade of life, we must teach
|
||||
our children better and more. To do this, it is important to press
|
||||
the government to make more funds available to the education system
|
||||
and other necessary social programs.
|
||||
|
||||
But money alone won't help. The education system must be totally
|
||||
revised to give the maximum amount of information on all sides, not
|
||||
a diluted viewpoint of the subject at hand to be later expanded by
|
||||
college education, if the person in question decides to have such
|
||||
higher learning.
|
||||
|
||||
I feel we could learn a good deal from the Japanese social
|
||||
structure today. Japan is a rich country, and its students are
|
||||
motivated and encouraged to learn so well, that b the time they are
|
||||
entering their early twenties, the're already working towards their
|
||||
Ph.D! I think, in my opinon, Japan's government and social
|
||||
structure outclasses the America one in many ways.
|
||||
|
||||
Too much of the southeastern states are still undereducated,
|
||||
prejudiced and so forth. They are in serious need of help from the
|
||||
north and southwest states to solve this problem.
|
||||
|
||||
But even in the north, racism and prejudice run rampant Prejudice
|
||||
is ugly and must be fought against, no matter what form it takes,
|
||||
because it is simply wrong, intended or not.
|
||||
|
||||
Let us make 1990 the Year of Equal Treatment and Rights For All.
|
||||
Let us make it also the Year of Services for those who need it.
|
||||
Because, when we get right down to the simple cold and logical fact
|
||||
that we are all humans, regardless of our shape, size and color,
|
||||
it will be a better world for us all. A rose is a rose, whether
|
||||
it is red, white or yellow. A cat is a cat, whether it be a lion,
|
||||
tiger, panther, cheetah or house pet. Whether a rose is missing
|
||||
a petal or not, it is still a rose. Whether a cat is missing a leg
|
||||
or not, it is still a cat.
|
||||
|
||||
|
||||
35
textfiles.com/politics/art20.txt
Normal file
35
textfiles.com/politics/art20.txt
Normal file
@@ -0,0 +1,35 @@
|
||||
Abraham Lincoln And Abortion
|
||||
|
||||
|
||||
|
||||
In November 1781, Lucy Hanks was a young beautiful servant girl
|
||||
employed by a wealthy plantation owner. Her employer was a
|
||||
bachelor who was educated in England at Oxford. When he migrated
|
||||
to America he brought with him his favorite books.
|
||||
|
||||
Like many young poor people during the 18th century, Lucy Hanks was
|
||||
illiterate. One day, as she was doing her housekeeping, her employer
|
||||
caught her looking at the pictures in one of his books. He could tell
|
||||
she was fascinated, so he read the captions of each picture to her.
|
||||
From that time on, after hours of work, he privately tutored her and
|
||||
successfully taught her to read and write.
|
||||
|
||||
They became romantically involved and she became very pregnant.
|
||||
During those days, when a girl got into trouble, she was treated like
|
||||
a dog. The bachelor employer wouldn't marry her, so he gave her some
|
||||
money and sent her away.
|
||||
|
||||
Abortion wasn't a choice in 1782, so Lucy Hanks gave birth to a
|
||||
daughter whom she named Nancy Hanks. Nancy Hanks grew up and married
|
||||
a drifter named Thomas Lincoln, and in 1809 Abraham Lincoln was
|
||||
born.
|
||||
|
||||
By today's standards Nancy Hanks could have easily been swept away by
|
||||
abortion, along with one of the greatest presidents of all time.
|
||||
|
||||
A million and a half babies are robbed every year of being an Abe
|
||||
Lincoln, Sister Theresa or a Joe Montana, but more importantly they
|
||||
are being robbed of just being.
|
||||
|
||||
From Visalia Times Delta 1/29/90 by Duane Phelps
|
||||
|
||||
88
textfiles.com/politics/artcle90.txt
Normal file
88
textfiles.com/politics/artcle90.txt
Normal file
@@ -0,0 +1,88 @@
|
||||
From: sean@dranet.dra.com (Sean Donelan)
|
||||
Subject: Year 1990: computer users rights and the popular press
|
||||
Date: Sun, 30 Dec 90 22:19:53 EST
|
||||
|
||||
The year 1990 in review. Here is a list of some of the articles that have
|
||||
appeared in the "popular" press in the last year. There were some 800+
|
||||
articles on computer crime, "hackers" (in the negative sense), and viruses.
|
||||
For comparison there were about equal number of articles on those topics
|
||||
in each of the preceeding four years. However in the preceeding four years
|
||||
I couldn't find a single article in 1300+ periodicals that mentioned
|
||||
protecting rights of people who use computers. Note the slight difference
|
||||
from the rights of people in a computerized society (lots of articles on
|
||||
privacy, computer (mis)matching, and various computer snafu's).
|
||||
|
||||
Perhaps the EFF should have hired a advertising firm before a lawyer? :-)
|
||||
|
||||
Actually for only six months it is a pretty impressive showing.
|
||||
|
||||
-------------
|
||||
|
||||
1 High-tech witch-hunting vs. First Amendment. (Electronic Frontier
|
||||
Foundation protecting legal rights of computer users) (editorial), PC
|
||||
Week, Oct 8, 1990 v7 n40 p87(1)
|
||||
Article No. 09485051 *** Full-text article (2566 characters) ***
|
||||
|
||||
2 Can invaders be stopped but civil liberties upheld?; Industry executives
|
||||
have joined to stimulate debate over computer users' rights. (computer
|
||||
hackers, The Executive Computer), The New York Times, Sept 9, 1990 v139
|
||||
pF12(N) pF12(L) 21 col in
|
||||
Article No. 08822456
|
||||
|
||||
3 EFF: bringing Bill of Rights into the computer age. (Electronic Frontier
|
||||
Foundation), Byte, Sept 1990 v15 n9 p28(2)
|
||||
Article No. 08819820
|
||||
|
||||
4 Slow push to judgement. (computer hackers)(Viewpoint) (column),
|
||||
Computerworld, August 27, 1990 v24 n35 p21(1)
|
||||
Article No. 08791012
|
||||
|
||||
5 Group to address computer users' rights. (Computer Professionals for
|
||||
Social Responsibility) (Business) (company profile), PC Week, August 13,
|
||||
1990 v7 n32 p117(1)
|
||||
Article No. 08748606 *** Full-text article (2745 characters) ***
|
||||
|
||||
6 Fighting back against Fed's BBS crackdown. (heavy-handed approach of
|
||||
federal government toward operators of computer bulletin boards) (The
|
||||
Wide View) (column), PC Week, July 23, 1990 v7 n29 p53(1)
|
||||
Article No. 08670228 *** Full-text article (5156 characters) ***
|
||||
|
||||
7 Crackdown on hackers 'may violate civil rights.' (computer hackers), New
|
||||
Scientist, July 21, 1990 v127 n1726 p22(1)
|
||||
Article No. 09300107
|
||||
|
||||
8 Rights Advocate. (Mitchell Kapor; Newsmaker) (column),
|
||||
CommunicationsWeek, July 16, 1990 n309 p2(1)
|
||||
Article No. 08638928
|
||||
|
||||
9 Kapor group lines up for rights fight. (entrepreneur Mitch Kapor's
|
||||
Electronic Frontier Foundation) (includes related article on three
|
||||
hackers pleading guilty to documentation theft), Computerworld, July 16,
|
||||
1990 v24 n29 p6(1)
|
||||
Article No. 08639188
|
||||
|
||||
10 Group to defend civil rights of hackers founded by computer industry
|
||||
pioneer. (Mitchell Kapor), The Wall Street Journal, July 11, 1990 pB4
|
||||
pB4 16 col in
|
||||
Article No. 08619396
|
||||
|
||||
11 High-tech crime fighting: the threat to civil liberties., The Futurist,
|
||||
July-August 1990 v24 n4 p20(6)
|
||||
Article No. 09177465 *** Full-text article (22737 characters) ***
|
||||
|
||||
12 Hacker raids stir up battle over constitutional rights., Computerworld,
|
||||
June 25, 1990 v24 n26 p1(2)
|
||||
Article No. 08583448
|
||||
|
||||
13 Drive to counter computer crime aims at invaders; legitimate users voice
|
||||
worries over rights., The New York Times, June 3, 1990 v139 p1(N) p1(L)
|
||||
36 col in
|
||||
Article No. 08498074
|
||||
|
||||
True, I'm not working on the clock, and it is sunday night, so this isn't as
|
||||
complete as professional research should be, but you get what you pay for...
|
||||
--
|
||||
Sean Donelan, Data Research Associates, Inc, St. Louis, MO 63132-1806
|
||||
Domain: sean@dranet.dra.com, Voice: (Work) +1 314-432-1100
|
||||
|
||||
|
||||
134
textfiles.com/politics/articles.120
Normal file
134
textfiles.com/politics/articles.120
Normal file
@@ -0,0 +1,134 @@
|
||||
Version 1.2
|
||||
July 22, 1992
|
||||
|
||||
|
||||
|
||||
ARTICLES OF INCORPORATION OF EFF-AUSTIN
|
||||
|
||||
The undersigned natural persons of the age of eighteen (18) years
|
||||
or more acting as incorporators of a corporation under the Texas
|
||||
Non-Profit Corporation Act, hereby adopt the following Articles
|
||||
of Incorporation for such corporation:
|
||||
|
||||
ARTICLE ONE
|
||||
The name of the corporation is EFF-Austin.
|
||||
|
||||
ARTICLE TWO
|
||||
The corporation is a non-profit corporation.
|
||||
|
||||
ARTICLE THREE
|
||||
The period of its duration is perpetual.
|
||||
|
||||
ARTICLE FOUR
|
||||
The purposes for which the corporation is organized are those
|
||||
within the scope and meaning of the Texas Non-Profit Corporation
|
||||
Act which are pursuant to the following goals:
|
||||
|
||||
(a) to engage in and support educational activities that
|
||||
increase understanding of the opportunities and challenges posed
|
||||
by computing and telecommunications, and related civil liberties
|
||||
issues.
|
||||
|
||||
(b) to foster a clearer social understanding of the issues
|
||||
underlying free and open telecommunications; and
|
||||
|
||||
(c) to facilitate and encourage communication between
|
||||
individuals interested in computer and telecommunication
|
||||
technology and related social and legal issues.
|
||||
|
||||
This corporation shall not, except to an insubstantial degree,
|
||||
engage in any activities or exercise any powers that are not in
|
||||
furtherance of the primary purposes of this corporation. This
|
||||
corporation is organized pursuant to the Texas Non-Profit
|
||||
Corporation Act and no part of the net earnings of the corporation
|
||||
nor of its assets shall inure to the benefit of any individual
|
||||
member, officer or individual except that the corporation shall be
|
||||
authorized and empowered to pay reasonable compensation for
|
||||
services rendered and to make payments and distributions in
|
||||
furtherance of the purposes stated herein.
|
||||
|
||||
ARTICLE FIVE
|
||||
The street address of the initial registered office of the
|
||||
corporation is 2700-A Metcalfe, Austin TX, 78741 and the name of
|
||||
its initial registered agent at such address is Steve Jackson.
|
||||
|
||||
ARTICLE SIX
|
||||
The number of directors constituting the board of directors of the
|
||||
corporation is nine, and the names and addresses of the persons who
|
||||
are to serve as the initial directors are:
|
||||
|
||||
Smoot Carl-Mitchell XXXXXXX
|
||||
Austin, TX 78741
|
||||
|
||||
Edward Cavazos XXXXXXXX
|
||||
Austin, TX 78741
|
||||
|
||||
Matt Lawrence XXXXX
|
||||
Austin, TX 78758
|
||||
|
||||
Steve Jackson XXXXXXX
|
||||
Austin, TX 78744
|
||||
|
||||
John Quarterman XXXXXXXX
|
||||
Austin, TX 78746
|
||||
|
||||
|
||||
The qualifications, manner of selection, duties, terms and other
|
||||
matters relating to the Board of Directors shall be provided in the
|
||||
Bylaws of the Corporation.
|
||||
|
||||
ARTICLE SEVEN
|
||||
The name and street address of each incorporator is:
|
||||
|
||||
Smoot Carl-Mitchell XXXXXXXX
|
||||
Austin, TX 78741
|
||||
|
||||
Edward Cavazos XXXXXXXXXX
|
||||
Austin, TX 78741
|
||||
|
||||
Steve Jackson XXXXXXXXXXXX
|
||||
Austin, TX 78744
|
||||
|
||||
ARTICLE EIGHT
|
||||
No member of the organization, member of the Board, or Officer
|
||||
shall be personally liable for the payment of the debts of the
|
||||
Corporation except as such member, Director, or Officer may be
|
||||
liable by reason of his own conduct and acts.
|
||||
|
||||
ARTICLE NINE
|
||||
Upon dissolution of the corporation, assets shall be distributed
|
||||
for one or more exempt purposes within the meaning of section
|
||||
501(c)(3) of the Internal Revenue Code, or corresponding section
|
||||
of any future federal tax code.
|
||||
|
||||
IN WITNESS WHEREOF, we have hereunto set our hands, this _______
|
||||
day of ___________________, l992.
|
||||
|
||||
____________________________
|
||||
Smoot Carl-Mitchell, Incorporator
|
||||
____________________________
|
||||
Steve Jackson, Incorporator
|
||||
____________________________
|
||||
Edward Cavazos, Incorporator
|
||||
|
||||
THE STATE OF TEXAS $
|
||||
COUNTY OF TRAVIS $
|
||||
|
||||
I, a notary public, do hereby certify that on this _____ day of
|
||||
____________________, l992, personally appeared before me EDWARD
|
||||
CAVAZOS, STEVE JACKSON, and SMOOT CARL-MITCHELL, Incorporators,
|
||||
known to me to be the persons whose names are subscribed to the
|
||||
foregoing document, who, being first by me duly sworn, individually
|
||||
and severally declared that they are the persons who executed the
|
||||
foregoing document as Incorporators, that they executed it for the
|
||||
purposes therein expressed, and that the statements therein
|
||||
contained are true and correct.
|
||||
|
||||
IN WITNESS WHEREOF, I have hereunto set my hand and
|
||||
seal the day and year above written.
|
||||
|
||||
_______________________________
|
||||
Notary Public, State of Texas (seal)
|
||||
|
||||
|
||||
|
||||
93
textfiles.com/politics/arts.txt
Normal file
93
textfiles.com/politics/arts.txt
Normal file
@@ -0,0 +1,93 @@
|
||||
***** Reformatted. Please distribute.
|
||||
|
||||
|
||||
|
||||
CLINTON/GORE ON THE ARTS
|
||||
|
||||
|
||||
|
||||
Bill Clinton and Al Gore believe that the arts
|
||||
should play an essential role in educating and
|
||||
enriching all Americans. The White House should
|
||||
help the arts become an integral part of education
|
||||
in every community, helping broaden the horizons of
|
||||
our children and preserve our valuable cultural
|
||||
heritage. A Clinton/Gore Administration will
|
||||
ensure that all of our citizens have access to the
|
||||
arts for all of our citizens.
|
||||
|
||||
As President and Vice President, Bill Clinton and
|
||||
Al Gore will defend freedom of speech and artistic
|
||||
expression by opposing censorship or "content
|
||||
restrictions" on grants made by the National
|
||||
Endowment for the Arts. They will continue federal
|
||||
funding for the arts and promote the full diversity
|
||||
of American culture recognizing the importance of
|
||||
providing all Americans with access to the arts.
|
||||
|
||||
|
||||
The Record
|
||||
|
||||
* Governor Bill Clinton initiated sweeping
|
||||
educational reforms in the 1980s. The new
|
||||
standards which the state adopted in 1983
|
||||
include art and music in the curriculum for
|
||||
all K-12 students and require one-half unit of
|
||||
fine arts instruction for high school
|
||||
graduation. As a result:
|
||||
|
||||
! Arkansas is among only a few states that
|
||||
have included the arts in the basic,
|
||||
required high school curriculum.
|
||||
|
||||
! Student participation in arts programs
|
||||
has increased 30 percent and funding for
|
||||
positions for music and art teachers has
|
||||
increased 35 percent since 1983.
|
||||
|
||||
! A "Survey of Fine Arts" course at the
|
||||
high school level, with curriculum
|
||||
guidelines for art and instrumental and
|
||||
vocal music classes in elementary and
|
||||
secondary schools.
|
||||
|
||||
* Governor Clinton has enthusiastically
|
||||
supported the state's commitment to programs
|
||||
for the general public. In 1991-92, in the
|
||||
face of shifting priorities and declining
|
||||
grant awards from the National Endowment for
|
||||
the Arts, Governor Clinton strongly sustained
|
||||
the state's support for touring programs and
|
||||
local arts agencies.
|
||||
|
||||
! While many states' arts agency budgets
|
||||
dropped as much as 40 percent, Governor
|
||||
Clinton's budget for the Arkansas Arts
|
||||
Council increased funding for arts
|
||||
programs. In 1992, grants from the
|
||||
Arkansas state Arts Council supported 393
|
||||
performances, exhibitions and arts
|
||||
classes in 138 cities and communities in
|
||||
Arkansas.
|
||||
|
||||
! Arkansas has a strong folk arts tradition
|
||||
and is home to a regional repertory
|
||||
theater, the nationally recognized
|
||||
Children's Theater, the Arkansas Symphony
|
||||
Orchestra, Ballet Arkansas, and numerous
|
||||
local theater and performing arts
|
||||
programs.
|
||||
|
||||
* Senator Gore has supported funding to bring
|
||||
operas, symphony orchestras, playhouses, and
|
||||
educational arts programs to all of America.
|
||||
|
||||
* Opposed measures which would cut funding for
|
||||
the National Endowment for the Arts and place
|
||||
content restrictions on federally funded
|
||||
artists.
|
||||
|
||||
* Led the fight to preserve funding for public
|
||||
television programs like Sesame Street that
|
||||
enrich the lives of million of American
|
||||
families.
|
||||
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|
||||
Monday January 31, 1994
|
||||
|
||||
YOU WANNA KNOW HOW TO HANDLE CRIME? ASK A COP
|
||||
|
||||
By MIKE ROYKO
|
||||
|
||||
THEY'RE ALL over TV and the papers talking about crime: the president of the
|
||||
United States, his aides, members of Congress, lawyers, professors. They are
|
||||
promising this and that and vowing to do such and such.
|
||||
|
||||
But I've noticed the absence of one group that might be expected to have some
|
||||
opinion on crime and what, if anything, can be done to reduce it.
|
||||
|
||||
Cops.
|
||||
|
||||
Oh, once in a while you might get a high-ranking police official, a chief of
|
||||
some big city department. But police brass sound like the politicians, since
|
||||
they deal with budgets, manpower charts and other administrative matters.
|
||||
|
||||
By cops, I mean the men and women who go out on the street every day and try to
|
||||
solve crimes and arrest criminals.
|
||||
|
||||
In all the blather coming out of Washington about crime, and what the
|
||||
big-spenders will do about it, the invisible man is the street cop.
|
||||
|
||||
So the morning after President Clinton blew hot air at the nation, I called a
|
||||
friend who has been a cop for many years. He's worked on homicides, robberies,
|
||||
rapes, just about every form of foul behavior.
|
||||
|
||||
Because he aspires to higher rank, and clout still means something in the
|
||||
Chicago Police Department, it wouldn't help his career to be known as my
|
||||
friend. So his name can't be used.
|
||||
|
||||
But he's real. And when I asked him what his reaction was to the current
|
||||
anti-crime frenzy in the White House and Congress, he said: ''It's a lot of
|
||||
bull----.''
|
||||
|
||||
He elaborated. ''There's nothing we haven't heard before. Three strikes and
|
||||
you're out. We already send up three-time losers in Illinois. Hasn't done
|
||||
anything to the crime rate. Build more prisons. We can't build enough prisons
|
||||
to hold all the bad guys. Tougher gun laws. Look, the only people the gun laws
|
||||
affect are honest people. Frankly, I wish every decent family in America had a
|
||||
gun and knew how to use it.
|
||||
|
||||
''Besides, federal crime laws don't mean a damn thing to me because about 95
|
||||
percent of the crimes in this country are local, not federal. The feds aren't
|
||||
dealing with shootings in saloons or guys going nuts and killing their wives
|
||||
and kids or the neighbors. Most of their busts are white-collar. So federal
|
||||
laws don't mean squat when it comes to everyday crime.
|
||||
|
||||
''Now, I'm in a minority, but a lot of cops agree with me on this. And that's
|
||||
the drug laws. We're wasting our time trying to control that crap. We're
|
||||
wasting billions of dollars and throwing people in jail who are just
|
||||
self-destructive goofs.
|
||||
|
||||
''We'd be better off doing what we do with liquor and cigarettes. Tax them and
|
||||
license the sale. Sure, people abuse booze and they smoke. But smoking is way
|
||||
down because most people know it's bad for them. The same thing with booze.
|
||||
More white wine and light beer and fewer boilermakers.
|
||||
|
||||
''It's the same thing with drugs. Right now, most people don't use drugs. If
|
||||
you legalize it, most people still won't use drugs.
|
||||
|
||||
''But you take away the illegal profit motive, there go the drug peddlers, the
|
||||
gangs and the other serious crime. And most of the police and political
|
||||
corruption.
|
||||
|
||||
''Then you wouldn't have thousands of cops wasting their time trying to bust
|
||||
some small-time dealer. You wouldn't have them clogging up the courts and
|
||||
filling up cells that somebody dangerous should be in.
|
||||
|
||||
''But you don't hear the politicians say that because they're afraid of the
|
||||
people who say: 'I don't want my kids buying drugs.' Hey, lady, if your kid
|
||||
wants to buy drugs right now, he can do it. And maybe he already is.
|
||||
|
||||
''Look back 20 years. Anybody who said we ought to legalize gambling in
|
||||
Illinois was treated like a nut. The Mafia will take it over. Where there's a
|
||||
casino there will be murder and prostitution, and families are going to fall
|
||||
apart because the old man is blowing his paycheck at the blackjack table.
|
||||
|
||||
''Now we got gambling boats all over Illinois. We're going to have them in
|
||||
Chicago and the suburbs. And it's no big deal. The sky isn't falling.
|
||||
|
||||
''Same thing with drugs. What, somebody is going to smoke some marijuana at
|
||||
home, listen to music, then go out and shoot everybody he sees? No, he's going
|
||||
to fall asleep and get up the next morning with less of a hangover than if he
|
||||
drank three boilermakers.
|
||||
|
||||
''Now, if you legalize the stuff, and tax it, you save billions of dollars that
|
||||
we're wasting now, and you bring in a lot of extra money from the taxes.
|
||||
|
||||
''Then you take that money and use some of it for rehabbing the junkies.
|
||||
|
||||
''But you also find ways to invest it in places like the West Side, in public
|
||||
works projects or to help start private businesses that will create jobs.
|
||||
Because that's where it all started, the craziness and the higher crime rate.
|
||||
When the low-skill jobs disappeared, the husbands were out of work and they
|
||||
disappeared. And that's why we have all these one-parent or no-parent families
|
||||
that turn out the street criminals.
|
||||
|
||||
''Hey, but what do I know? I only go out there and arrest them, fill out the
|
||||
paperwork and go to court.
|
||||
|
||||
''It's not like I'm some expert in Washington and get on C-Span.''
|
||||
1060
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textfiles.com/politics/asset2.txt
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|
||||
Asset Forfeiture: Civil Forfeiture
|
||||
|
||||
- Part 2 -
|
||||
|
||||
IV. Common Factors of Circumstantial Proof
|
||||
|
||||
''Close Proximity''
|
||||
Despite recent decreased emphasis on seizures of cash and/or cars that
|
||||
occur during the arrest of drug violators, such seizures nevertheless
|
||||
continue to account for many civil forfeitures. The courts recognize
|
||||
that the location of assets in "close proximity" to narcotics is a
|
||||
relevant factor. Such evidence helps establish that the property
|
||||
constitutes drug proceeds or was intended to be exchanged in a narcotics
|
||||
transaction.(18) In each case, of course, the courts also examine the
|
||||
circumstances of the seizure for evidence of narcotics trafficking.
|
||||
|
||||
Cash Hordes
|
||||
|
||||
Courts often regard cash hordes as strongly indicative of narcotics
|
||||
trafficking. As one court has noted, "[a] large sum of cash, in and of
|
||||
itself, is evidence of its use for the purpose of an illegal drug
|
||||
transaction."(19)
|
||||
|
||||
|
||||
In situations involving a cash horde, the government ordinarily seeks to
|
||||
forfeit the horde as money obtained directly in exchange for narcotics.
|
||||
By itself, the presence of cash will not justify forfeiture. However,
|
||||
the attendant circumstances frequently provide additional proof linking
|
||||
the horde to narcotics trafficking. For example, as stated above, the
|
||||
money may have been found in close proximity to narcotics. In addition,
|
||||
as one court recently observed: Of particular significance is the nature
|
||||
of the currency itselfQthe way it was packaged, the mixed denominations
|
||||
of the bills, and the sheer amount of currency consisting of a large
|
||||
number of small billsQ which in this court's own experience . . .
|
||||
appears to be a common thread running through cases involving controlled
|
||||
substances and the proceeds therefrom.(20)
|
||||
|
||||
Thus, the circumstances of each cash horde should be carefully analyzed
|
||||
for indications of drug dealing.
|
||||
|
||||
Concealment Efforts and Commingled Funds
|
||||
|
||||
Efforts to conceal the true ownership of property or to disguise the
|
||||
manner in which it was purchased constitute significant evidentiary
|
||||
factors. For example, in United States v. Parcels of Land
|
||||
(Laliberte),(21) the court noted: Laliberte attempted to shield this
|
||||
money from the attention of the government, which is a further
|
||||
|
||||
|
||||
indication of drug trafficking . . . Laliberte instructed [his partner]
|
||||
not to make deposits of . . . money in amounts greater than $10,000 in
|
||||
order to avoid scrutiny by the Internal Revenue Service. Laliberte also
|
||||
told his accountant not to itemize his personal investments . . .
|
||||
despite the tax benefits he could have realized from doing so.(22)
|
||||
|
||||
Likewise, in United States v. Haro,(23) the court based its decision to
|
||||
allow a criminal forfeiture of a defendant's property, in part, on his
|
||||
efforts to conceal the property's true ownership.(24) The defendant, an
|
||||
attorney, undertook extensive measures to conceal narcotics proceeds in
|
||||
order to buy real estate. Such proof, albeit circumstantial, obviously
|
||||
serves to link assets to narcotics activity.(25)
|
||||
Commingled funds pose special difficulties for the government. Although
|
||||
commingling may be evidence of narcotics activity, the government's
|
||||
recovery is limited to the percentage of the property proven to be
|
||||
tainted.(26) Courts will carefully scrutinize allegedly commingled
|
||||
funds, however, to ensure that they are partially derived from
|
||||
legitimate sources.(27)
|
||||
|
||||
Extensive Cash Expenditures
|
||||
|
||||
Another factor often cited by the courts is the tendency of drug
|
||||
traffickers to engage in numerous large cash transactions. This pattern
|
||||
|
||||
|
||||
is so well recognized that the Fourth Circuit recently reversed a
|
||||
district court decision that failed to give such evidence proper weight:
|
||||
The district court found that during a nine-month stretch . . . [the
|
||||
claimant] made cash expenditures totaling $137,000.... The court failed
|
||||
to note the significance of this evidence, namely that the possession of
|
||||
unusually large amounts of cash . . . or the making of uncommonly large
|
||||
cash purchases . . . may be circumstantial evidence of drug
|
||||
trafficking.(28)
|
||||
|
||||
Likewise, the Second Circuit, after recounting a claimant's various cash
|
||||
expenditures, recently concluded that "[t]he district court could
|
||||
reasonably infer that it was unusual to pay for expensive property such
|
||||
as real estate and heavy construction equipment with cash it could also
|
||||
find even more unusual [the claimant's] payments for some of the
|
||||
purchases with five, ten, and twenty dollar bills."(29)
|
||||
|
||||
Informal Net-Worth Analysis
|
||||
|
||||
The tendency of drug traffickers to engage in large cash transactions is
|
||||
frequently accompanied by the absence of legitimate means of employment
|
||||
capable of supporting such large expenditures. Accordingly, courts often
|
||||
consider an apparent discrepancy between an individual's lifestyle and
|
||||
his or her employment income as indicative of narcotics trafficking and
|
||||
|
||||
|
||||
its proceeds.
|
||||
In most cases, courts note this conflict without conducting the type of
|
||||
formal "net worth" analysis typical of tax prosecutions. For example,
|
||||
one leading commentator has observed: In the typical proceeds case, the
|
||||
government shows that a drug trafficker has acquired substantial assets,
|
||||
often purchased with cash, but has no legitimate or declared source of
|
||||
income that could account for more than a fraction of his wealth.
|
||||
Frequently, he has filed no tax returns for several years, and, of
|
||||
course, there is always the strong evidence of a "likely source from
|
||||
which [the trier of fact] could reasonably find that the net worth
|
||||
increases sprang." Such evidence is usually enough to show probable
|
||||
cause to believe that all of the trafficker's more valuable property is
|
||||
subject to forfeiture....(30)
|
||||
|
||||
Thus, after quoting the above excerpt, one district court stated:
|
||||
Under a net worth theory, the government could survive a motion to
|
||||
dismiss by alleging, with sufficient particularity, that [the claimant]
|
||||
is a drug trafficker, that he has no other known source of income, and
|
||||
that he has accumulated substantial assets during the period in which he
|
||||
had no known source of income.(31)
|
||||
|
||||
Accordingly, even an informal net worth analysis provides a strong
|
||||
evidentiary basis for finding that targeted assets constitute narcotics
|
||||
|
||||
|
||||
proceeds.
|
||||
|
||||
Formal Net-Worth Analysis
|
||||
|
||||
On occasion, the government has resorted to a more formal presentation
|
||||
of "net worth" proof. This process involves establishing an individual
|
||||
target's income during a designated period and comparing this figure
|
||||
with his expenditures or increased net worth during the same period.
|
||||
Given proof of substantial narcotics trafficking, the difference between
|
||||
these amounts suggests that the proceeds are illicit.
|
||||
|
||||
Before 1988, the government rarely relied on this method of proof in
|
||||
forfeiture cases. Since then, however, law enforcement has learned that
|
||||
this highly effective method of tracing proceeds can be accomplished
|
||||
relatively easily and without the complexities of a tax prosecution. As
|
||||
a result, net-worth proof has become more common in civil forfeiture
|
||||
cases. More important, numerous appellate courts have relied on this
|
||||
mode of proof to sustain forfeitures.
|
||||
For example, in United States v. Parcels of Land (Laliberte)(32) the
|
||||
First Circuit initially noted that the claimant's average annual
|
||||
adjusted gross income was $27,690, and then set forth his numerous
|
||||
expenditures during this period. Based on a comparison of these figures,
|
||||
the court stated: The sheer magnitude of Laliberte's expenditures
|
||||
|
||||
|
||||
supports an inference that his property acquisitions were funded with
|
||||
the proceeds of drug trafficking. Laliberte's millions of dollars in
|
||||
purchases far exceeded his reported average annual income, . . . and
|
||||
there was no other apparent legitimate source of money to account for
|
||||
the magnitude of the expenditures.(33)
|
||||
|
||||
Similarly, in United States v. Thomas,(34) the Fourth Circuit observed:
|
||||
Here the undisputed cash expenditures vastly exceeded Thomas' legitimate
|
||||
income. During this period, Thomas' only source of income was his
|
||||
business .... Records ... show that Thomas reported only $13,964 in
|
||||
gross income on his business license applications for the years 1983
|
||||
through 1986 .... Thomas' tax returns ... report an income of
|
||||
approximately $11,000 in 1985 and $1,300 in 1986. According to testimony
|
||||
of his wife, Thomas also had significant obligations during this period:
|
||||
two separate households with a woman and five children in each. Evidence
|
||||
that cash expenditures by ThomasQa suspected drug traffickerQhugely
|
||||
exceeded any verifiable income suggest that the money was derived
|
||||
illegally.(35)
|
||||
|
||||
Given the persuasive effect of net-worth analysis, this methodology has
|
||||
been repeatedly endorsed by federal appellate courts.(36) For this
|
||||
reason, although forfeiture can generally be achieved without such
|
||||
proof, net-worth analysis should be considered in major civil forfeiture
|
||||
|
||||
|
||||
actions aimed at narcotics proceeds.
|
||||
|
||||
Failure to Account for Income; Inherently Incredible Testimony and
|
||||
Affirmative Misrepresentations
|
||||
|
||||
Another circumstantial factor applied by the courts focuses on an
|
||||
individual's inability to account for the targeted asset and/or an
|
||||
individual's tendency to misrepresent how the property was obtained. The
|
||||
special nature of civil forfeiture proceedings provides the government
|
||||
with unique opportunities to develop this line of evidence.
|
||||
Because forfeiture actions under $881 are civil proceedings,
|
||||
individual's cannot take complete refuge under the privilege against
|
||||
self incrimination. The privilege does apply to civil proceedings, of
|
||||
course, but within that context judges may draw an adverse inference
|
||||
about individuals asserting the privilege.(37) As a result, owners of
|
||||
seized property are potentially exposed to scrutiny either through
|
||||
pretrial discovery or by cross-examination at trial. This exposure
|
||||
places pressure on those owners to explain how they obtained their money
|
||||
or other property.
|
||||
Accordingly, when property owners have failed to provide a satisfactory
|
||||
explanation, courts have cited this failure as indicative of a
|
||||
connection between narcotics trafficking and the asset(s) in question.
|
||||
For example, in United States v. 228 Acres of Land,(38) the Second
|
||||
|
||||
|
||||
Circuit based its probable cause finding, in part, on the following
|
||||
analysis: [The Claimant] failed to account adequately for his possession
|
||||
of such large sums of cash. He made no claim of prior gifts or of
|
||||
earlier investments. Instead, he claimed that the funds were after-tax
|
||||
profits from his jewelry business, but he failed to offer any bills,
|
||||
receipts or other records to prove that his . . . businesses were
|
||||
actually capable of generating such large sums of cash.(39)
|
||||
|
||||
Most claimants resort to asserting that the money in question
|
||||
constitutes gambling winnings or cash that had been stored at home. This
|
||||
position has been almost universally rejected. For example: In trying to
|
||||
prove that the large sum of money in question is not subject to
|
||||
forfeiture, claimant asserts that he won the majority of the money
|
||||
gambling . . . He is unclear, however, as to the amounts he won and when
|
||||
he won the money. Also, for the years he claimed he won the money, his
|
||||
tax returns do not show any gambling winnings.... Claimant testified
|
||||
that he kept the money in a large wooden box in the utility room
|
||||
attached to his house; however, his wife testified . . . that she never
|
||||
recalled seeing a large wooden box .... The court also finds it highly
|
||||
unlikely that a person would keep such a large sum . . . in a box in a
|
||||
utility room accessible only from the outside . . . of the house.(40)
|
||||
|
||||
Similarly, in other cases, courts have found the testimony of the owner
|
||||
|
||||
|
||||
in question to be contradictory, non-credible, or outright false. Such
|
||||
evidence, therefore, is considered indicative of a connection between an
|
||||
asset and narcotics trafficking.(41)
|
||||
|
||||
Proof of Narcotics Trafficking
|
||||
|
||||
A threshold requirement in this general context is proof of narcotics
|
||||
trafficking during a specified time period. Absent such proof, none of
|
||||
the factors set forth above would warrant forfeiture. In addition,
|
||||
however, courts are more likely to find that assets constitute narcotics
|
||||
proceeds when the government proves extensive narcotics activity. In
|
||||
other words, the more evidence of drug dealing, the more likely the
|
||||
assets will be deemed narcotics proceeds.
|
||||
Proof of trafficking is regarded indicative of illicit proceeds because
|
||||
judges recognize that the drug trade typically generates large profits.
|
||||
Thus, extensive proof of trafficking increases the likelihood of tainted
|
||||
assets. Such proof may consist of prior convictions and arrests for drug
|
||||
dealing as well as evidence that did not result in prosecution.(42) In
|
||||
addition, courts may consider the purity of the drugs in question as
|
||||
suggestive of both the claimant's role in the distribution chain and of
|
||||
the length of time he has been in the trade.(43) Thus, when the purity
|
||||
of the drugs is high, the violator is probably both high up in the
|
||||
distribution chain and likely to have been dealing drugs for a
|
||||
|
||||
|
||||
substantial period.(44)
|
||||
|
||||
Statements by Informants
|
||||
|
||||
In federal prosecutions, courts also have recognized the potential value
|
||||
of informant statements set forth in affidavits. Though generally not a
|
||||
major part of the government's case, such evidence is viewed as
|
||||
suggestive. For example, such evidence recently was used to help
|
||||
establish an individual's involvement in drug trafficking and to
|
||||
identify his illicit proceeds.(45) Therefore, its potential value ought
|
||||
to be kept in mind.
|
||||
|
||||
Expert Opinions
|
||||
|
||||
The significance of circumstantial evidence presented by the
|
||||
government's case may be explained to the court by an expert witness.
|
||||
For example, in United States v. 228 Acres of Land,(46) the court
|
||||
allowed a DEA agent to give an expert opinion on several matters,
|
||||
including the proposition that the purity of the claimant's heroin was
|
||||
indicative of both his role in the narcotics enterprise and his
|
||||
connection to the supply source.(47) Because an expert witness can
|
||||
explain the importance of facts that otherwise may appear innocuous or
|
||||
insignificant, such testimony can make a crucial difference in close
|
||||
|
||||
|
||||
cases. Moreover, because expert opinion affords the government a key
|
||||
opportunity to explain and summarize its case, expert testimony should
|
||||
be used whenever a forfeiture case is based on circumstantial evidence.
|
||||
|
||||
Conclusion
|
||||
|
||||
Asset forfeiture continues to be a critical weapon in the war on
|
||||
narcotics trafficking. Fortunately for law enforcement, the case law has
|
||||
developed in a manner that both interprets the term "proceeds" broadly
|
||||
and facilitates the tracing of such proceeds to narcotics trafficking.
|
||||
Thus, law enforcement need not rely only on direct evidence, which is
|
||||
rarely available, to establish a strong forfeiture case. Circumstantial
|
||||
evidence is often sufficient. To maximize the potential afforded by
|
||||
asset forfeiture, however, prosecutors and investigators must make every
|
||||
effort to present in court the array of circumstantial proof outlined in
|
||||
this monograph.
|
||||
|
||||
Endnotes
|
||||
|
||||
1. See M. Goldsmith, Asset ForfeitureQCivil Forfeiture: Tracing the
|
||||
Proceeds of Narcotics Trafficking (BJA 1988).
|
||||
|
||||
2. D. Smith, The Prosecution and Defense of Forfeiture Cases, $4.03[4]
|
||||
|
||||
|
||||
(1990 Supp.) [hereinafter Smith, Forfeiture].
|
||||
|
||||
3. 675 F. Supp. 645 (D. Fla. 1987).
|
||||
|
||||
4. Id. at 645-46; see United States v. One 1980 Rolls Royce, 905 F.2d
|
||||
89, 91 (5th Cir. 1990).
|
||||
|
||||
5. See, e.g., United States v. Monkey, 725 F.2d 1007, 1012 (5th Cir.
|
||||
1984). An expansive view of proceeds was addressed in the dicta, the
|
||||
issue itself was not brought up on appeal.
|
||||
|
||||
6. Wood v. United States, 863 F.2d 417, 419 (5th Cir. 1989).
|
||||
|
||||
7. United States v. $4,250,000 in Currency, 808 F.2d 895, 897 (5th Cir.
|
||||
1987); United States v. A Single Family Residence, 803 F.2d 625, 628
|
||||
(11th Cir. 1986).
|
||||
|
||||
8. United States v. One 56 Foot Motor Yacht, 702 F.2d 1276, 1282 (9th
|
||||
Cir. 1987), United States v. One 1964 Beechcraft, 691 F.2d 725, 728 (5th
|
||||
Cir. 1982).
|
||||
|
||||
9. United States v. $4,255,625.39 in Currency, 762 F.2d 895, 904 (11th
|
||||
Cir. 1985); United States v. $13,000 in Currency, 733 F.2d 581, 585 (8th
|
||||
|
||||
|
||||
Cir. 1984).
|
||||
|
||||
10. United States v. Banco Cafetero Panama, 797 F.2d 1154, 1160 (2d Cir.
|
||||
1986); United States v. $4,265,000 in Currency, 762 F.2d 895, 904 (11th
|
||||
Cir. 1985).
|
||||
|
||||
11. United States v. One 1980 Red Ferrari, 875 F.2d 186, 188 (8th Cir.
|
||||
1989); see also United States v. Thomas, 913 F.2d 1111, 1114 (4th Cir.
|
||||
1990).
|
||||
|
||||
12. United States v. Edwards, 885 F.2d 377, 390 (7th Cir. 1989), see
|
||||
also United States v. Thomas, 913 F.2d 1111, 1114 (4th Cir. 1990).
|
||||
|
||||
13. 913 F.2d 1111 (4th Cir. 1990).
|
||||
|
||||
14. Id. at 1115.
|
||||
|
||||
15. Id. at 1117.
|
||||
|
||||
16. 903 F.2d 36 (1st Cir. 1990).
|
||||
|
||||
17. Id. at 38-39 (emphasis added).
|
||||
|
||||
|
||||
|
||||
18. See, e.g., United States v. Pace, 898 F.2d 1218, 1235-36 (7th Cir.
|
||||
1990); United States v. $91,960, 897 F.2d 1457, 1462 (8th Cir. 1990)
|
||||
|
||||
19. United States v. One Lot of $99,870, 1988 Dist. Lexis 15415 (D.
|
||||
Mass.) (noting, however, that such proof alone does not necessarily
|
||||
constitute probable cause).
|
||||
|
||||
20. United States v. $103,025, 741 F. Supp. 903, 905 (M.D. Ga. 1990).
|
||||
|
||||
21. 903 F.2d 36 (1st Cir. 1990).
|
||||
|
||||
22. Id. at 40.
|
||||
|
||||
23. 685 F. Supp. 1468 (E.D. Wisc. 1988), aff'd. sub. nom. United States
|
||||
v. Herrero, 893 F.2d 1512, 1543 (7th Cir. 1990).
|
||||
|
||||
24. Id. at 1470-71 & 1475.
|
||||
|
||||
25. See also United States v. 228 Acres of Land and Dwelling, 916 F.2d
|
||||
808, 813 (2nd Cir. 1990) (effort to conceal income a factor in probable
|
||||
cause determination), United States v. 1.678 Acres of Land, 684 F. Supp.
|
||||
426, 427 (W.D. N.C. 1988) (payments for property made in the name of
|
||||
third parties; violator deeded property to third party shortly after
|
||||
|
||||
|
||||
seizure of drugs and currency).
|
||||
|
||||
26. See, e.g., United States v. One Rolls Royce, 905 F.2d 89, 90-91 (5th
|
||||
Cir. 1990) (citing other authority); United States v. Certain Real
|
||||
Property at 2323 Charms Rd., 726 F. Supp. 164, 169 (E.D. Mich. 1989).
|
||||
Once this percentage has been determined, however, the government will
|
||||
likely benefit from a favorable accounting procedure to maximize the
|
||||
amount subject to forfeiture. United States v. Banco Cafetero Panama,
|
||||
797 F.2d 1154, 1159 (2d Cir. 1986).
|
||||
|
||||
27. United States v. One Rolls Royce, 905 F.2d 89, 91 (5th Cir. 1990).
|
||||
|
||||
28. United States v. Thomas, 913 F.2d 1111,1115 (4th Cir. 1990).
|
||||
|
||||
29. United States v. 228 Acres of Land, 916 F.2d 808, 813 (2nd Cir.
|
||||
1990); see also United States v. Parcels of Land (Laliberte), 903 F.2d
|
||||
36, 40 (1st Cir. 1990); United States v. $215,300 United States
|
||||
Currency, 882 F.2d 417, 419 (9th Cir. 1989).
|
||||
|
||||
30. Smith, Forfeiture, supra note 2, $4.03, at 450 (1990 Supp.). This
|
||||
observation, however, is qualified by the following appropriate
|
||||
commentary:
|
||||
A problem of proof, however, arises where the government makes the
|
||||
|
||||
|
||||
mistake of trying to forfeit literally everything owned by the drug
|
||||
trafficker, including a great many items of small value. If the
|
||||
trafficker can show any non-drug income, fairness dictates that he ought
|
||||
to at least be able to keep a portion of his total assets corresponding
|
||||
to the proportion his non-drug income bears to his drug derived income.
|
||||
Id. at 451, cited with approval in United States v. Property at 2323
|
||||
Charms Rd., 726 F. Supp. 164, 169 (E.D. Mich 1989)
|
||||
|
||||
31. United States v. Property at 2323 Charms Rd., 726 F. Supp. 164, 169
|
||||
(E.D. Mich. 1989); see also United States v. Miscellaneous Property, 667
|
||||
F. Supp. 232, 239-41 (D. Md. 1987).
|
||||
|
||||
32. 903 F.2d 36 (2d Cir. 1990).
|
||||
|
||||
33. Id. at 39-40.
|
||||
|
||||
34. 913 F.2d 1111 (4th Cir. 1990).
|
||||
|
||||
35. Id. at 1115 (citing other authority).
|
||||
|
||||
36. See United States v. One 1987 Mercedes 560 SEL, 919 F.2d 327, 331-32
|
||||
(5th Cir. 1990); United States v. 228 Acres of Land, 916 F.2d 808, 813
|
||||
(2nd Cir. 1990); United States v. Edwards, 885 F.2d 377, 390 (7th Cir.
|
||||
|
||||
|
||||
1989), United States v. Nelson, 851 F.2d 976, 980 (7th Cir. 1988).
|
||||
|
||||
37. See, e.g., United States v. Thomas 913 F.2d 1111, 1115 (4th Cir.
|
||||
1990) (citing Baxter v. Palmigiano, 425 U.S. 308 318 (1976)).
|
||||
|
||||
38. 916 F.2d 808 (2nd Cir. 1990).
|
||||
|
||||
39. Id. at 813.
|
||||
|
||||
40. United States v. $103,025 in U.S. Currency, 741 F. Supp. 903, 906
|
||||
(M.D. Ga. 1990); see also United States v. Thomas, 913 F.2d 1111, 1118
|
||||
(4th Cir. 1990).
|
||||
|
||||
41. United States v. 228 Parcels of Land, 916 F.2d 808, 813 (2nd Cir.
|
||||
1990) (false statements); United States v. Haro, 685 F. Supp. 1468,
|
||||
1470-71 & 1475 (E.D. Wisc. 1988) (testimony incredible and perjurious),
|
||||
aff'd. sub. nom. United States v. Herrero, 893 F.2d 1512, 1543 (7th Cir.
|
||||
1990); United States v. One Lot of $99,870 in U.S. Currency, 1988 U.S.
|
||||
Dist. Lexis 15415 (D. Mass.) (contradictory testimony); United States v.
|
||||
11348 Wyoming, 705 F. Supp. 352, 355-56 (E.D. Mich. 1989); cf. United
|
||||
States v. One 1987 Mercedes SEL, 919 F.2d 327 332 (5th Cir. 1990)
|
||||
(claimant unable to meet burden of proof); United States v. Parcels of
|
||||
Land (Laliberte), 903 F.2d 36 41-42 (1st Cir. 1990) (same).
|
||||
|
||||
|
||||
|
||||
42. See, e.g., United States v. Thomas 913 F.2d 1111, 1116 (4th Cir.
|
||||
1990); United States v. One Lot of $99,870 in U.S . Currency, 1988 U.S.
|
||||
Dist. Lexis 15415 (D. Mass.) (arrest resulting in nolle prosequi still a
|
||||
1659
textfiles.com/politics/asset3.txt
Normal file
1659
textfiles.com/politics/asset3.txt
Normal file
File diff suppressed because it is too large
Load Diff
140
textfiles.com/politics/assetnew.txt
Normal file
140
textfiles.com/politics/assetnew.txt
Normal file
@@ -0,0 +1,140 @@
|
||||
ASSET FORFEITURE TAKES A BIG HIT IN CALIFORNIA!
|
||||
|
||||
Thank you, folks, for helping in this endevor:
|
||||
|
||||
|
||||
LAWMAKERS REVOKE COPS' ASSET-SEIZING POWERS
|
||||
|
||||
WIDESPREAD ABUSE LEADS LEGISLATURE TO LET THE LAW REVERT TO 1988 RULES,
|
||||
WHICH REQUIRE A CONVICTION.
|
||||
|
||||
By GARY WEBB
|
||||
Mercury News Sacramento Bureau
|
||||
|
||||
SACRAMENTO -- Stung by evidence of widespread abuse, the California
|
||||
Legislature decided Friday night to kill the state's asset-forfeiture law,
|
||||
which for four years has allowed police to take money and property from people
|
||||
who were merely suspected of dealing drugs.
|
||||
|
||||
Starting next year, police will be required to obtain drug-trafficking
|
||||
convictions in most cases before they can keep seized property.
|
||||
|
||||
``The way the asset forfeiture law was being applied was an assault on
|
||||
individual property rights and not necessarily on drug dealers,'' said
|
||||
Assemblyman John Burton, D-San Francisco, who led the fight to reform the
|
||||
forfeiture law. ``I think we have solved a significant problem here.''
|
||||
|
||||
With the repeal, California becomes only the second state in the nation to
|
||||
revoke the vast seizure powers police agencies were granted in the 1980s when
|
||||
the ``war on drugs'' was at its height. Missouri lawmakers scaled back their
|
||||
forfeiture laws this spring after evidence of police abuses surfaced.
|
||||
|
||||
The outcome was a stunning defeat for California law enforcement agencies, who
|
||||
until a few weeks ago were almost assured of getting the controversial law
|
||||
made permanent. Last year, police said keeping the law -- which has produced
|
||||
at least $180 million for police and prosecutors since 1989 -- was their No. 1
|
||||
political priority.
|
||||
|
||||
But lobbyists and lawmakers said a recent Mercury News series on forfeiture
|
||||
abuses changed everything.
|
||||
|
||||
``I think the accuracy and the detail of the series outlining the abuses was
|
||||
the turning point in the negotiations,'' said Margaret Pena, a lobbyist for
|
||||
the American Civil Liberties Union, which has been pressing for reform of the
|
||||
forfeiture statutes for several years. ``For once the Legislature has put the
|
||||
concerns of innocent people who have been abused by the police above the
|
||||
interests of law enforcement.''
|
||||
|
||||
Some lawmakers complained their telephone lines were tied up for hours by
|
||||
callers urging forfeiture reforms.
|
||||
|
||||
Attorney General Dan Lungren, in a news conference early Friday, accused the
|
||||
press of being duped by drug lawyers. He described lawmakers who supported
|
||||
forfeiture reforms as advocating a ``cease-fire'' in the drug war.
|
||||
|
||||
REPORTS CALLED `DISTORTED'
|
||||
|
||||
``Unfortunately, the white powder bar has done a great job of getting this
|
||||
issue represented in the press in very distorted fashion to suggest that
|
||||
somehow there are wide-scale problems with this law,'' Lungren said. ``That
|
||||
is, in fact, inaccurate. That has not been true since the law took effect.''
|
||||
|
||||
Lungren, who favors expanding the forfeiture laws, said there were few
|
||||
``troublesome'' cases among the 16,000 forfeiture actions filed by state
|
||||
prosecutors in the last four years -- less than one-thousandth of 1 percent,
|
||||
he said.
|
||||
|
||||
The Mercury News investigation, which examined more than 250 court cases in
|
||||
five counties, found dozens of instances in which property was taken from
|
||||
people who had never been convicted of drug trafficking or who had their cases
|
||||
dropped. The law was intended to take profits away from major drug dealers,
|
||||
but records show property seizures were often aimed at the poor, casual drug
|
||||
users and people who speak no English.
|
||||
|
||||
Burton, chairman of the Assembly Rules Committee, attempted to change the law
|
||||
to allow forfeiture claimants access to up to $10,000 of their own funds to
|
||||
hire a lawyer. Since forfeiture is a civil, not criminal, proceeding,
|
||||
claimants have no right to have a court-appointed lawyer. The Mercury News
|
||||
found that many people whose assets were seized were forced to represent
|
||||
themselves.
|
||||
|
||||
Burton's bill, AB 114, also would have prohibited police from seizing items
|
||||
worth less than $1,500 and required law enforcement to file criminal charges
|
||||
before assets could be seized.
|
||||
|
||||
Law enforcement agencies objected strongly to allowing forfeiture claimants
|
||||
access to money to hire lawyers, saying it would give ``millions of dollars to
|
||||
drug lawyers'' and allow drug dealers to keep $40 million a year.
|
||||
|
||||
By early this morning, Burton's bill, backed by an unusual coalition of
|
||||
conservative Republicans and liberal Democrats, had not come up for a vote.
|
||||
Because no new forfeiture bill was approved, the current law expires Dec. 31,
|
||||
and forfeitures will then be governed by a 1988 law that requires criminal
|
||||
convictions in most cases.
|
||||
|
||||
``I tried to work with (law enforcement) on it, but they kept saying they'd
|
||||
rather let the (current law) die,'' Burton said. After reading the 1988 law
|
||||
that will govern asset forfeitures if the current law isn't renewed, Burton
|
||||
said he was happy to oblige.
|
||||
|
||||
``The '88 law doesn't have some of the protections that mine does, but at
|
||||
least they've got to get a criminal conviction before they can take
|
||||
anything,'' Burton said. ``I couldn't get my bill out of committee with a
|
||||
conviction requirement in it.''
|
||||
|
||||
Only cases involving the seizure of more than $25,000 in cash will not require
|
||||
convictions. But in those cases, prosecutors must provide clear and convincing
|
||||
evidence that the cash is drug-tainted -- a much higher level of proof than
|
||||
what is currently required.
|
||||
|
||||
Negotiations between Burton and law enforcement broke down Wednesday after
|
||||
anonymous leaflets written by prosecutors began circulating through the halls
|
||||
of the statehouse, depicting Burton as a friend of drug dealers. Burton
|
||||
stormed out and told reporters he wouldn't continue the talks until he got a
|
||||
public apology.
|
||||
|
||||
`OVERZEALOUS COPS' BLAMED
|
||||
|
||||
Assemblyman Richard Katz, the Los Angeles Democrat who wrote the 1989 bill
|
||||
that gave rise to many of the abuses, acknowledged the law had caused some
|
||||
unintended problems, which he blamed on ``overzealous cops.''
|
||||
|
||||
Katz said the 1992 killing of Donald Scott, a Ventura County millionaire who
|
||||
was gunned down by police during an asset forfeiture raid that found no drugs,
|
||||
was ``a prime example'' of law enforcement gone awry.
|
||||
|
||||
``But I think generally asset forfeiture has been one of the most successful
|
||||
weapons in the war on drugs,'' Katz said. ``Rather than lose the law, I think
|
||||
the problems could have been worked out.''
|
||||
|
||||
Sen. Ken Maddy, R-Fresno, one of the Legislature's staunchest supporters of
|
||||
asset forfeiture, said Friday that he would try again next year -- an election
|
||||
year -- to get the forfeiture law reinstated.
|
||||
|
||||
But Burton said that as long as he runs the Assembly Rules Committee, which
|
||||
decides the fate of thousands of bills every year, that is unlikely to happen.
|
||||
|
||||
``They're not going to get anything else on this for as long as I'm here,''
|
||||
Burton vowed.
|
||||
|
||||
San Jose Mercury News
|
||||
113
textfiles.com/politics/auction.txt
Normal file
113
textfiles.com/politics/auction.txt
Normal file
@@ -0,0 +1,113 @@
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
GOVERNMENT SURPLUS AUCTIONS 1994
|
||||
GOVERNMENT SURPLUS AUCTIONS
|
||||
|
||||
MISCELLANEOUS
|
||||
|
||||
August 9 -------------------- Hereford
|
||||
August 17 ------------------- Southampton
|
||||
August 24 ------------------ Carlisle/Catterick
|
||||
September 7 ----------------- Telford
|
||||
September 12 ---------------- Banbury
|
||||
September 13 ---------------- Banbury
|
||||
October 20 ------------------ Stirling
|
||||
November 8 ------------------ Hereford
|
||||
November 16 ----------------- Southampton
|
||||
November 21 ----------------- Banbury
|
||||
November 22 ----------------- Banbury
|
||||
November 30 ----------------- Carlisle/Catterick
|
||||
December 7 ------------------ Telford
|
||||
|
||||
|
||||
|
||||
Auctions Auctioneers
|
||||
|
||||
STIRLING Harrison & Hetherington Ltd
|
||||
The King Robert Hotel Borderway Mart
|
||||
Bannockburn Rosehill
|
||||
Stirling Carlisle
|
||||
Scotland CA1 2RS
|
||||
Tel:0228 26292
|
||||
|
||||
BANBURY Midland Marts Ltd
|
||||
The Pedigree Centre PO Box 10
|
||||
Banbury Stockyard The Stockyard
|
||||
Oxon Banbury
|
||||
Oxon
|
||||
OX16 8EP
|
||||
Tel:0295 250501
|
||||
|
||||
SOUTHAMPTON Austin & Wyatt
|
||||
The Post House Hotel The Squiare
|
||||
Herbert Walker Avenue Bishops Waltham
|
||||
Southampton Hants
|
||||
Hants SO3 1GG
|
||||
Tel:0489 893466
|
||||
|
||||
HEREFORD Russel Baldwin & Bright
|
||||
Hereford Moat House The Mews
|
||||
Belmont House King Street
|
||||
Hereford Hereford
|
||||
HR4 9DB
|
||||
Tel:0432 355441
|
||||
|
||||
CARLISLE/CATTERICK Harrison &
|
||||
Hetherington Ltd
|
||||
"The Auctioneer" Borderway Mart
|
||||
Borderway Mart Rosehill
|
||||
Rosehill Carlisle
|
||||
Carlisle CA1 2RS
|
||||
Tel:0228 26292
|
||||
|
||||
TELFORD Harrison &
|
||||
Hetherington Ltd
|
||||
Telford Racqet Centre Borderway Mart
|
||||
Telford Rosehill
|
||||
Shropshire Carlisle
|
||||
CA1 2RS
|
||||
Tel:0228 26292
|
||||
|
||||
|
||||
|
||||
|
||||
VEHICLE AUCTIONEERS
|
||||
|
||||
MEASHAM - HGV and Plant ADT
|
||||
Tamworth Road
|
||||
Measham
|
||||
Burton on Trent
|
||||
DE12 7DY
|
||||
|
||||
LEEDS - All Types Motor Auction Leeds
|
||||
Hillidge Road
|
||||
Leeds
|
||||
LS10 1DE
|
||||
Tel:0532 772644
|
||||
|
||||
PETERBOROUGH - Cars and Light ADT
|
||||
Commercials Boongate
|
||||
Peterborough
|
||||
Cambridgeshire
|
||||
PE11 5AH
|
||||
Tel:0733 68881
|
||||
|
||||
KINROSS - All Types Kinross Motor Auctions
|
||||
Bridgend
|
||||
Kinross
|
||||
KY13 7RN
|
||||
Tel:0577 62564
|
||||
|
||||
ASTON DOWN - All Types ADT
|
||||
MOD PE
|
||||
Aston Down
|
||||
Stroud
|
||||
Glos
|
||||
GL8 8HT
|
||||
Tel:061 2239179
|
||||
|
||||
3899
textfiles.com/politics/autobio
Normal file
3899
textfiles.com/politics/autobio
Normal file
File diff suppressed because it is too large
Load Diff
86
textfiles.com/politics/awpp.txt
Normal file
86
textfiles.com/politics/awpp.txt
Normal file
@@ -0,0 +1,86 @@
|
||||
At What Price Peace
|
||||
|
||||
An Editorial by Robert Hoffman, Editor
|
||||
The Bear Valley Voice
|
||||
Big Bear Lake, CA USA
|
||||
February 23, 1994
|
||||
|
||||
(c) 1994 - Posted with Permission
|
||||
|
||||
|
||||
On Singapore TV last night, the Muppets sang a song urging
|
||||
toleration among the various types of monsters, a lesson in
|
||||
which kids here don't need much instruction. This tiny
|
||||
island, floating in the South China Sea and blown by hot,
|
||||
wet winds off the Straights of Jahore, is home to 2.5
|
||||
million natives and another 3 million foreign workers.
|
||||
|
||||
There are Malays, Tamils, Chinese, Indians, Europeans and
|
||||
a few other ethnic groups here who live in peace (mostly)
|
||||
under the watchful eye of a paternalistic government.
|
||||
Toleration --- of religious, cultural and linguistic
|
||||
differences --- is not merely a consumation devoutly to
|
||||
be wished. It is a necessity of life.
|
||||
|
||||
One is struck by this, and by the almost total lack of
|
||||
violent crime. And one is tempted to wish that America
|
||||
could be run this well. Until, of course, a deeper look
|
||||
reveals the cost of peace and relative safety.
|
||||
|
||||
It is illegal in Singapore to chew gum, smoke indoors, spit
|
||||
anywhere and to fail to flush the toilet. Infractions can
|
||||
cost you a hefty fine, although we have yet to see any police
|
||||
patrolling the men's rooms. The penalty for trafficking in
|
||||
drugs is the ultimate one --- the gallows. Two years ago, a
|
||||
couple of Australians found out the government was not
|
||||
kidding about this.
|
||||
|
||||
Those unwise enough to commit crimes are subjected to another
|
||||
punishment that most Americans would also find cruel and
|
||||
unusual --- caning. A man who killed a prostitute, rather
|
||||
inadvertently, got five years --- and 12 strokes.
|
||||
|
||||
If a newspaper publishes something the government takes
|
||||
exception to, the authorities simply ban it from the stands.
|
||||
|
||||
And the system works. There is no gum on the sidewalk, no
|
||||
foul smell of smoke in the restaurants, and so far all the
|
||||
toilets appear to be duly flushed. There are not homeless
|
||||
beggars squatting on the sidewalks, and if drug addiction
|
||||
exists, it does so behind tightly closed doors. Newspapers
|
||||
tow the line.
|
||||
|
||||
The price? An almost tangible lack of jay -- not content-
|
||||
ment or security, but happiness. These folks are somber
|
||||
and businesslike. They are dutiful, responsible, frugal,
|
||||
obedient, compliant, polite --- and humorless. And even
|
||||
in this sultry tropical setting, the people of Singapore are
|
||||
as buttoned up and as frightfully modern as a businessman
|
||||
from Phoenix or a computer nerd from Silicon Valley.
|
||||
|
||||
This may have come from Singapore's history as a Crown
|
||||
colony --- 150 years under rule from London. The Japanese
|
||||
arrived one morning on bicycles and rousted the British
|
||||
garrison (which was, unaccountably, waiting for the invasion
|
||||
on the wrong sde of the island), and the Singaporeans were
|
||||
visited with one of the most brutal occupations in history.
|
||||
In the early '60s, they became their own masters --- flirting
|
||||
with communism, dallying with Malaysia and Indonesia, and
|
||||
finally striking out on their own under the heavy-handed but
|
||||
avuncular leadership of Oxford-educated former prime minister
|
||||
Lee Kwan Yew.
|
||||
|
||||
The result is a country steeped in Western ways (English is
|
||||
the dominant language and will be probably forever) with an
|
||||
Asian soul. Individual freedom is not an Oriental virtue,
|
||||
and the average Singaporean is amused that Americans are
|
||||
aghast at the control the government has over the people's
|
||||
lives. They point to their low crime rate and their clean
|
||||
streets and wonder how we can put personal freedoms over such
|
||||
blessings.
|
||||
|
||||
We don't bother to explain.
|
||||
|
||||
|
||||
|
||||
Dennis R. Hilton <drhilton@kaiwan.com>
|
||||
171
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Normal file
171
textfiles.com/politics/b-i-c.txt
Normal file
@@ -0,0 +1,171 @@
|
||||
Danielle Crittenden - Wall Street Journal - March 31, 1994
|
||||
(Ms. Crittenden recently moved back to her native Toronto)
|
||||
----------------------------------------------------------
|
||||
|
||||
Recently I spoke to a friend who had given birth to her second
|
||||
child a week after I did in November. My child's birth was
|
||||
covered by private insurance in New York; my friend gave birth
|
||||
here, under Canada's much-lauded, state-funded, universal health
|
||||
care plan.
|
||||
|
||||
"Did you have an epidural?" she asked suspiciously, referring to
|
||||
the local anesthetic injected into the lower spine, a common
|
||||
painkiller for childbirth.
|
||||
|
||||
"Of course," I said (neither of us romanticize the pain of
|
||||
"natural" labor). "It was wonderful. My husband and I played
|
||||
Scrabble in the birthing room right up until I had to push. I
|
||||
won," I added.
|
||||
|
||||
A cold silence.
|
||||
|
||||
"How did yours go?" I asked.
|
||||
|
||||
"It was awful," she said bitterly. "When I got to the hospital, I
|
||||
asked for an epidural. The nurse said I had to wait - there were
|
||||
three people ahead of me. Soon, I was feeling sick with pain. The
|
||||
nurse told me to take a hot shower. I couldn't stand it anymore,
|
||||
and begged for the anesthetic. It still wasn't my turn. I was
|
||||
rocking back and forth in agony. Then the doctor arrived and said
|
||||
the baby was coming out and it was too late for anything.
|
||||
Afterward he apologized o me - he said I looked in terrible pain
|
||||
and it was horrible to watch."
|
||||
|
||||
It seemed astonishing to me, listening to my friend's story, that
|
||||
in late 20th century North America a woman would have to give
|
||||
birth the old-fashioned way - in pain. It's true incidents like
|
||||
this do sometimes occur in the U.S., yet in Ontario - Canada's
|
||||
richest and most populous province - government control of
|
||||
medicine has made the exceptional the norm.
|
||||
|
||||
My friend, who is an editor at a national magazine and married to
|
||||
a partner in a major law firm, give birth at St. Michael's, a
|
||||
bustling central Toronto hospital. The hospital's head of
|
||||
anesthesia confirms that from 4 P.M. to 8 A.M., as well as on
|
||||
weekends and holidays, there is only one anesthetist on duty for
|
||||
the entire hospital; for traffic-accident and burn victims,
|
||||
everyone. If he's busy, tough luck.
|
||||
|
||||
St. Michael's isn't unique, either. I checked with other large
|
||||
hospitals in the city. Few had more than a single anesthetist on
|
||||
duty off-hours. At North York General, in the midst of Toronto's
|
||||
most affluent suburbs, 3,500 babies are born a year, 60% of them
|
||||
to women who request epidurals - and there is still only one
|
||||
anesthetist on duty off-hours.
|
||||
|
||||
Outside of Toronto, the situation is even worse. Ontario's
|
||||
socialist government, desperately seeking to control its runaway
|
||||
health budget, has announced that epidurals will no longer be
|
||||
available to women in Thunder Bay, a community of 125,000 in the
|
||||
northwest of the province. Thunder Bay women needn't feel picked
|
||||
on. According to Richard Johnston, a spokesman for the Ontario
|
||||
Medical Association, the availability of epidurals is sporadic
|
||||
everywhere outside Toronto, because few small hospitals have the
|
||||
budget for anesthetists trained to give epidurals, especially
|
||||
during off-hours. Many women end up going to their general
|
||||
practitioners for delivery and doing it "naturally," whether they
|
||||
like it or not.
|
||||
|
||||
Apologists for the Canadian health system blame greedy doctors
|
||||
for its chronic shortages and queues. But an Ontario doctor
|
||||
receives only US$100 to administer an epidural. His U.S.
|
||||
counterpart usually collects about US$1,000 (a figure that,
|
||||
unlike the Canadian, takes into account overhead and equipment).
|
||||
Epidurals are vanishing from Ontario, not because doctors are
|
||||
overpaid but because hospitals' fees per birth are capped at very
|
||||
low rates by a debt-burdened government. And, as many argue would
|
||||
happen under the Clinton health plan, it is illegal for either
|
||||
the doctor or the hospital to charge even willing patients more
|
||||
than the state-prescribed fee.
|
||||
|
||||
The result? As Dr. Johnston says: "In the case of an anesthetist
|
||||
trained to give epidurals, it is not lucrative for him to offer
|
||||
his services all night. Why bother staying up, if you don't get
|
||||
paid extra for it?"
|
||||
|
||||
Some American women have already gotten a whiff of the cruelties
|
||||
of Canadian medicine. In California, the Midwest, and Florida,
|
||||
according to Nancy Oriol, director of obstetric anesthesia at
|
||||
Beth Israel Hospital in Boston, some large HMOs refuse to pay for
|
||||
epidurals unless a patient has a medical condition thought to
|
||||
warrant it, such as a history of heart disease. And of course it
|
||||
is the intention of the Clinton health plan to drive ever large
|
||||
numbers of Americans into HMOs.
|
||||
|
||||
My friend did have one choice that the users of HMOs do not - the
|
||||
freedom to choose her own doctor. But her choice was an empty
|
||||
one. For while she might pick an obstetrician, she had no way to
|
||||
be sure that he would in the end deliver her baby. Most Canadian
|
||||
obstetricians now work in groups, and a patient gets whichever of
|
||||
them happens to be on call at the time she goes into labor, or
|
||||
the intern on duty at the hospital (again, why bother to work
|
||||
late ...). Further, few Canadian doctors can afford to have
|
||||
ultrasound machines or other sophisticated machinery in their
|
||||
offices. Those tests have to be booked weeks in advance.
|
||||
|
||||
My New York doctor, on the other hand, was there for me at any
|
||||
hour, even for a false labor at 2 A.M., because he is an
|
||||
old-style fee-for-service man. He also had an ultrasound in his
|
||||
examining room. In the end, my friend's baby was delivered by her
|
||||
family GP, because he promised to be present.
|
||||
|
||||
Pregnant women, of course, are not the only Canadians suffering
|
||||
as provinces across the country seek to hold down health care
|
||||
costs. Americans are by now familiar with tales of Canadians
|
||||
queuing for heart bypasses and chemotherapy, or crossing the
|
||||
border for surgery. But what my friend's nasty experience reveals
|
||||
is that the system can no longer cope with an event as
|
||||
straightforward as birth. It is as if medical practice in Canada
|
||||
is reeling backward in time; in the case of birth, as much as a
|
||||
century.
|
||||
|
||||
As part of this drive toward ever more primitive medicine, the
|
||||
Ontario government has set up three free-standing "birth
|
||||
centers," staffed by midwives. It is hoped that these centers, so
|
||||
much less costly to run than high-tech maternity wards, will
|
||||
attract "low-risk" pregnant women away from hospitals. Midwifery
|
||||
became a licensed profession in Ontario last year. These
|
||||
graduates of a three-year community college program will earn, on
|
||||
average, as much as $300 more per birth than obstetricians (who
|
||||
are paid $250 per delivery, and $18 per pre- and post-natal
|
||||
visit). The government has committed $8 million to the program.
|
||||
|
||||
The ministry of health claims that its sudden munificence toward
|
||||
midwives is all the in the spirit of promoting "choice" for
|
||||
women. But given the difficulty women who do not want to suffer
|
||||
pain in childbirth face in exercising their right of choice, the
|
||||
gesture smacks of cynicism. It is health bureaucrats who are
|
||||
making the real choices. They have decided that epidurals are an
|
||||
"elective," even an extravagance, and that women who anticipate
|
||||
normal labors should have their babies without anesthesia, and
|
||||
better still, in someplace other than a costly hospital ward.
|
||||
|
||||
You might expect that Ontario's anti-anesthetic policy would face
|
||||
charges of sexism. No one is suggesting, for instance, that men
|
||||
have hernia surgery without painkillers, under the knife of a
|
||||
"caring professional" who did not graduate from med school. When
|
||||
the American College of Obstetricians and Gynecologists last year
|
||||
found out that some U.S. insurers were refusing to pay for
|
||||
epidurals, they issued a report pointing out "there is no other
|
||||
circumstance where it is considered acceptable for a person to
|
||||
experience severe pain amenable to safe intervention while under
|
||||
a physician's care."
|
||||
|
||||
But in Canada, the very feminist groups who ought to be outraged
|
||||
by the policy have, in fact, lobbied for it. These organizations
|
||||
have long complained about the male-dominated medical profession,
|
||||
its insistence on delivering babies in sterile hospital
|
||||
facilities, it enthusiasm for technology. One of the most
|
||||
important local advocacy groups is even proposing that five
|
||||
maternity wards in Toronto be shut down once the midwife program
|
||||
is up and running.
|
||||
|
||||
A free-market health system, including one with HMOs, might not
|
||||
include insured epidurals; but it might create a relatively
|
||||
undistorted market in which people are to purchase this procedure
|
||||
themselves. A health system that is run by politicians is,
|
||||
however, subject to political pressure. This is especially true
|
||||
when a group's ideologic agenda coincides with the government's
|
||||
need to save money. In this instance, it actually puts women and
|
||||
their babies in the sort of danger and pain they have not known
|
||||
since their great-grandmother's day.
|
||||
138
textfiles.com/politics/badcheck.txt
Normal file
138
textfiles.com/politics/badcheck.txt
Normal file
@@ -0,0 +1,138 @@
|
||||
|
||||
|
||||
Bank 3/20* <---+----- Original: by Unnkown Author ---*
|
||||
*--- Reformatted: by James P. Leonard ----> 7/10/92
|
||||
|
||||
Representativess Knew of Overdrafts
|
||||
|
||||
If the major media has been full of the developing scandal of an
|
||||
imperial Congress abusing its own bank for Members' private benefit,
|
||||
it has also been full of the excuses these members have made to
|
||||
whitewash their malfeasance.
|
||||
|
||||
Prime among these are various versions of blaming the bank for bad
|
||||
record keeping and notification procedures.
|
||||
|
||||
However, according to the Report of the Committee on Standards of
|
||||
Official Conduct of the House of Representatives, released March 10,
|
||||
(Report # 102-452), every member who wrote a check which overdrew
|
||||
his account by more than the amount of his next month's salary was
|
||||
notified of the fact by telephone and asked to cover the overdraft.
|
||||
|
||||
So for most of the offenders, this excuse simply will not wash.
|
||||
|
||||
|
||||
According to the report, "The daily accumulation of Member overdrafts
|
||||
was so routine that one Bank employee spent much of her time tele-
|
||||
phoning Members..."
|
||||
|
||||
Ms. Klemp, a Bank employee testifying before the Committee is quoted
|
||||
by the report as follows:
|
||||
|
||||
Mr. McHugh (Chairman of the Committee): "...did you tell them that
|
||||
they had to make their checks good but at the very least they had to
|
||||
bring them below the next month's salary?"
|
||||
|
||||
Ms. Klemp: "That is basically what I said_you have x number amount
|
||||
of overdrafts. You are over your next month's salary, and I
|
||||
would always give their salary figure and ask them to please make a
|
||||
deposit.
|
||||
|
||||
"I didn't always say make the exact deposit, but I said please, make
|
||||
a deposit. In a lot of cases, the Member would clear up the whole
|
||||
amount. In other cases, they would just drop themselves back below
|
||||
the next month's salary."
|
||||
|
||||
|
||||
|
||||
Mr. McHugh: "In terms of what you communicated to them...should they
|
||||
have known that their overdrafts should never exceed their next
|
||||
month's salary?"
|
||||
|
||||
Ms. Klemp: "Yes, I did make that very clear. In fact, when I would
|
||||
call and again often talk to a staff person I would say at that time,
|
||||
if I started to see a lot of overdrafts coming in all of a sudden,
|
||||
sometimes a lot came in, sometimes it was a trickle all month, if a
|
||||
lot came in and I could see there was going to be a problem, I would
|
||||
always say, you are not to exceed your next month's salary or checks
|
||||
will start to be returned."
|
||||
|
||||
But, according to the Report, they seldom, if ever were returned.
|
||||
|
||||
So many Members were allowed to write checks while vastly exceeding
|
||||
their monthly salaries. In addition to the telephone calls alerting
|
||||
members to their overdrafts, the Report quotes a 1928 letter
|
||||
from the then Sergeant-at-Arms boasting, that the House Bank was
|
||||
one of the first in Washington "to install up-to-date methods of
|
||||
returning monthly statements to its depositors."
|
||||
|
||||
|
||||
|
||||
While the Report makes no mention of whether that practice still
|
||||
obtains, there is every reason to expect that it would, and that
|
||||
Members would demand no less, although some of their statements
|
||||
raise the question of whether or not it does.
|
||||
|
||||
Furthermore, the practice of allowing members to write overdraft
|
||||
checks for the amount of their next month's wages, was in itself,
|
||||
not officially sanctioned, other than, by custom.
|
||||
|
||||
But the Report states that the General Accounting Office, the
|
||||
investigative branch of Congress, expressed misgivings about the
|
||||
overdrafts. It at first, beginning in the 1950s, repeatedly
|
||||
requested the Sergeant-at-Arms to rectify the situation and either
|
||||
not allow overdrafts or to establish hard and fast guidelines.
|
||||
|
||||
The practice ultimately became sanctioned by custom, however, when
|
||||
the succeeding Sergeants-at-Arms defended the practice as being an
|
||||
allowable draft against the next month's salary, rather than as
|
||||
an overdraft. Thus, by a semantic game, did the Members and
|
||||
their employee, the Sergeants-at-Arms, extend their privilege.
|
||||
|
||||
|
||||
|
||||
Criticism of the practice by the GAO, apparently ended in the 1970s,
|
||||
when the GAO audits were made public. But it did make lists of
|
||||
suggested regulations which were never adopted, and it did note
|
||||
with horror that in a ten year period ending in 1968, the number
|
||||
of unpaid checks had tripled.
|
||||
|
||||
It did not mention the matter again until the two reports that
|
||||
triggered the closure of the House Bank and the disclosure of those
|
||||
who had abused their privileges, covering the two fiscal years from
|
||||
July 1, 1988 to June 30, 1990.
|
||||
|
||||
The Committee had some difficulty in defining what constituted
|
||||
"abuse of banking privileges." Its assigned task was to consider
|
||||
whether Members had "routinely and repeatedly" written overdraft
|
||||
checks in a "significant" amount.
|
||||
|
||||
It decided that any amount up to one month's advance was not
|
||||
"significant," and ultimately settled on defining "significant"
|
||||
as being overdrawn in excess of one month's salary.
|
||||
|
||||
|
||||
|
||||
|
||||
It acknowledged that anyone unfamiliar with the House Bank "will
|
||||
find this definition of 'significant amount' generous." It then
|
||||
went on to say that "In common parlance, the term 'repeated' means
|
||||
more than once, and 'routine' suggests a pattern of conduct."
|
||||
|
||||
But the Committee decided that "repeated" and "routine" meant that
|
||||
the conduct was engaged in for more than 20 percent of the
|
||||
39 months under review. So the Committee of Members was still in
|
||||
fact trying to protect its prerogatives.
|
||||
|
||||
But the Minority Report, or that of Republican members of the
|
||||
Committee challenged this by stating, "we find it impossible to
|
||||
defend a definition of 'abuse' that is so narrow that it excludes
|
||||
an individual who wrote over 850 NSF checks totaling over $150,000
|
||||
with seven separate months of negative balance exceeding next
|
||||
month's salary deposit."
|
||||
|
||||
A late breaking report in The Washington Times, which has been the
|
||||
first to break and keep on the story, said that finally the Justice
|
||||
Department is investigating the scandal to determine whether Income
|
||||
Tax regulations and campaign finance regulations had been violated
|
||||
with an eye to criminal proceedings. _ADR
|
||||
341
textfiles.com/politics/badcit.mag
Normal file
341
textfiles.com/politics/badcit.mag
Normal file
@@ -0,0 +1,341 @@
|
||||
|
||||
<20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͻ
|
||||
<20> BAD CITIZENS AND GOOD FREEDOM <20>
|
||||
<20> <20>
|
||||
<20> by <20>
|
||||
<20> Jefferson Mack <20>
|
||||
<20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͼ
|
||||
|
||||
"The danger is not that a particular class is unfit to
|
||||
govern. Every class is unfit to govern." --Lord Acton
|
||||
|
||||
If every class is unfit to govern, then who will lead
|
||||
us? The answer is obvious. No one!
|
||||
Free, independent, competent people don't need leaders.
|
||||
A truly free society is disorganized. Nobody is in charge.
|
||||
Nobody takes orders. Everyone does exactly what he or she
|
||||
wants to do, taking orders from nobody else. If you want
|
||||
something from someone else, you make a voluntary trade or
|
||||
exchange in which both of you are happy with the deal.
|
||||
The people who preach the need to organize don't want
|
||||
you to be free. What they want is for you to pay their
|
||||
bills and do their dirty work so they can be free to do what
|
||||
they want to do.
|
||||
The last thing someone who wants to boss others wants
|
||||
around are independent, competent people who want to left
|
||||
alone to live their own lives. Such people never make good
|
||||
citizens, not the way a politician talks about good citizens.
|
||||
A political leader will tell you a good citizen obeys
|
||||
the law--every law. A good citizen works hard--at whatever
|
||||
job the government tells him he is suppose to work at. A
|
||||
good citizen pays his taxes--even if he doesn't have enough
|
||||
left over to feed his kids. A good citizen volunteers his or
|
||||
her time to work on civic projects the leader designs. A
|
||||
good citizen goes off to fight and die in wars with people he
|
||||
doesn't know so that the leader can win a place in the
|
||||
history books. The good citizen never complains--no matter
|
||||
how stupid or crude a government official treats him nor how
|
||||
much a leader asks him to sacrifice.
|
||||
Give a politician enough good citizens and he will rule
|
||||
forever, fat and happy, while the good citizens sweat and
|
||||
suffer and die to make sure the political leader keeps the
|
||||
good life.
|
||||
Politicians and bureaucrats spend a great deal of time
|
||||
and effort trying to convince the people they rule that a
|
||||
moral person must be a good citizen. Back in the dark ages
|
||||
they called it the "Divine Right of Kings". Now days it's
|
||||
called patriotic duty, or civic responsibility, but it all
|
||||
adds up to the argument that every decent, honorable person
|
||||
must put the interests of the state and the government above
|
||||
their own personal interests.
|
||||
|
||||
BAD CITIZENS HAVE MORE FUN BECAUSE THEY ARE MORE FREE.
|
||||
|
||||
A free society is supposed to have free citizens, not
|
||||
good citizens. The day you wake up and realize you don't
|
||||
have all the freedom you want, the first thing you want to do
|
||||
is bad citizen.
|
||||
A bad citizen may love the place where he lives. He may
|
||||
love his country and respect his neighbors. But a bad
|
||||
citizen won't love or respect the people who run the
|
||||
government. A bad citizen will always put his own interest
|
||||
and the interest of his family and friends above the interest
|
||||
of some common good as described by the people who hold
|
||||
political power.
|
||||
We are not talking here about violent criminals or
|
||||
rebels. Political leaders love those kinds of people. They
|
||||
love pulling their guns, arresting people and putting down
|
||||
riots. If you don't think the politicians loved the recent
|
||||
events in Los Angeles, you haven't been watching the TV news.
|
||||
Every single politician in the country has jumped on the band
|
||||
wagon by promising us they'll solve the problem if we'll just
|
||||
give them some more of our money and a little more of our
|
||||
freedom.
|
||||
Political leaders love big trials with lots of newspaper
|
||||
space. It gives them a chance to show how powerful they can
|
||||
really be. They are expecting open confrontation and they
|
||||
will be prepared to deal with it. They have detention camps,
|
||||
secret police, riot control equipment, and the army ready to
|
||||
go after all those who dare openly confront the government.
|
||||
But any political leader who's got a country full of
|
||||
peaceful bad citizens has got a serious problem. Bad
|
||||
citizens work hard to support themselves, they treat their
|
||||
neighbors with respect, they won't cheat others for their own
|
||||
gain, and they don't do violent acts that hurt innocent
|
||||
people.
|
||||
What bad citizens won't do is help the government make
|
||||
his or her life miserable. They continually try to maximize
|
||||
the freedom they have, even if they have to break or ignore a
|
||||
few laws to do it.
|
||||
Too many bad citizens make government almost impossible.
|
||||
That's one big reason why the Soviet Union didn't work. Too
|
||||
many Soviet citizens realized they were never going to get a
|
||||
fair share out of socialism and they stopped being good
|
||||
citizens. They looked out for themselves rather than the
|
||||
good of the State.
|
||||
|
||||
GOOD CITIZENS MAKE TYRANTS POSSIBLE.
|
||||
|
||||
Nazi Germany wasn't filled with people who wanted to
|
||||
throw Jews into bonfires, make slaves of eastern Europeans,
|
||||
or rule the world from Berlin. Nazi Germany was filled with
|
||||
good citizens and Hitler did everything he could to make all
|
||||
those good citizens think they were better off with him in
|
||||
charge, even if they did have to give up a few freedoms.
|
||||
Hitler was more frightened that all those good citizens might
|
||||
stop being good citizens than he was of the allied armies.
|
||||
North Korea, Viet Nam, Cuba, Iran, and Iraq are filled
|
||||
with good citizens, all of them hoping that by being good
|
||||
citizens, they will help things get better. Only things keep
|
||||
getting worse. The good citizen works harder but gets less
|
||||
to eat, has less fun, enjoys life less, and has less hope for
|
||||
a better future.
|
||||
|
||||
BAD CITIZENS HAVE KEPT THE UNITED STATES FREE.
|
||||
|
||||
Back in 1917 a majority of the voters in the United
|
||||
States decided they knew what was best for everyone and
|
||||
passed the Eighteenth Amendment, taking away the freedom of a
|
||||
man to relax with a beer after an honest day's work. Hundred
|
||||
of thousands in this great country suddenly turned into bad
|
||||
citizens. They didn't organize into a let's-bring-back-the-
|
||||
booze political party or start blowing up police stations.
|
||||
All they did was to keep on drinking. Some bad citizens were
|
||||
more than willing to smuggle, distill, or brew the booze and
|
||||
sell it for a profit.
|
||||
In 1933, the social manipulators and the do-gooders
|
||||
finally gave up, agreed to throw out the great experiment and
|
||||
a tens of thousands of people went back to being good
|
||||
citizens.
|
||||
These kind of things keep happening all over this
|
||||
country. Have you tried driving a fixed fifty-five along our
|
||||
highways? A whole industry has gotten rich selling us radar
|
||||
detectors to give us a chance against the modern technology
|
||||
of the Highway Patrol. Eventually, the wizards in Washington
|
||||
had no choice but to up the speed limit to 65, at least in a
|
||||
few places.
|
||||
The Drug Enforcement Administration, and every State and
|
||||
local police department spend billions each year to try and
|
||||
stamp out the use of recreational drugs. Yet every year, the
|
||||
price of the drugs go down, while availability go up.
|
||||
Anybody who wants to smoke pot, can, any place in the United
|
||||
States.
|
||||
Other freedoms are under constant attack. Take the
|
||||
issue of gun control. The people who tout this totalitarian
|
||||
principle keep telling us that the majority of Americans want
|
||||
some kind of gun control. So what? No majority in a free
|
||||
country has the right to take away the freedoms of any
|
||||
minority. That's what freedom is all about, and owning a gun
|
||||
is a damn good way to help make sure nobody starts
|
||||
interfering with your personal freedom. As long as the
|
||||
people who understand and believe that principle insist on
|
||||
keeping their guns, we are going to be able to keep them.
|
||||
In California the state government outlawed a whole
|
||||
collection of different kinds of semi-automatic weapons and
|
||||
demanded that every citizen register those weapons and turn
|
||||
them in. Non-compliance has been almost total.
|
||||
Americans used to be pretty good tax payers, way back in
|
||||
the forties and fifties. But one day we woke up and realized
|
||||
that the fat cat friends of Congress had all been given
|
||||
special privileges and were paying less than their fair
|
||||
share.
|
||||
So a whole lot of good taxpayers have turned into bad
|
||||
citizens. We are now a nation of tax evaders. We figure
|
||||
every angle, both legal and illegal to bring down our own
|
||||
taxes. Every increase in the tax structure is matched or
|
||||
exceeded by losses as more ordinary middle class citizens
|
||||
figure out ways to cheat on their taxes or join the
|
||||
underground economy. We've now got the politicians against
|
||||
the ropes. They are bankrupting the treasury, but they can't
|
||||
raise taxes any farther because the know all us bad citizens
|
||||
aren't going to take it any more.
|
||||
If we keep protesting and evading new tax increases,
|
||||
eventually the politicians will have no choice but to start
|
||||
cutting the waste if they want to leave enough money in the
|
||||
treasury to keep paying them their fat salaries.
|
||||
Each of the above examples shows just how much we are a
|
||||
nation of bad citizens. That's why we have as much freedom
|
||||
as we do. That's why in recent years, this country has been
|
||||
moving in the direction of more freedom, not less. The
|
||||
politicians are finally beginning to understand that you
|
||||
can't take an American's freedom away and make it stick.
|
||||
There are two many bad citizens in this country.
|
||||
|
||||
HOW TO SURVIVE AS A BAD CITIZEN
|
||||
|
||||
Once you realize that you are not living in a free
|
||||
country and that there is no go reason why you should be a
|
||||
good citizen, there are a few rules you need to learn so you
|
||||
can get the most benefit out of being a bad citizen without
|
||||
suffering more loss of personal freedom or even going to
|
||||
jail.
|
||||
A smart bad citizen won't let himself get caught being
|
||||
bad. He won't brag to his friends and neighbors about what a
|
||||
bad citizen he is. He won't tell the local newspaper how
|
||||
proud he is of being a bad citizen. He will not deliberately
|
||||
confront the government, and he will avoid doing anything in
|
||||
public that will warn any government official that he is not
|
||||
a good citizen.
|
||||
The bad citizen tries to be the invisible man or woman,
|
||||
the person the government official would never expect is
|
||||
denying the government his help and cooperation.
|
||||
That means if you want to be a bad citizen, you don't
|
||||
want to stand on any street corners making speeches demanding
|
||||
revolution and you don't want to run with a mob throwing
|
||||
rocks at police vehicles. You just want to live your own
|
||||
life, doing everything in private you want to do, exactly the
|
||||
way you want to do it.
|
||||
You want to look like a good citizen. You will even
|
||||
want to do some things that all good citizens do, like vote.
|
||||
Only once you are in the voting booth, you vote against
|
||||
every bond issue, every politician who's in office, and every
|
||||
new initiative that will increase government power or raise
|
||||
your taxes. If the only choice is between two common thieves
|
||||
then a bad citizen writes in someone else's name, or even his
|
||||
own.
|
||||
You insist on getting every possible government benefit
|
||||
you are eligible for and demand every government service the
|
||||
law says you are entitled to receive. If you are eligible,
|
||||
you'll collect social security, unemployment benefits, use
|
||||
food stamps, dip into Medicare, claim farm subsidies, and try
|
||||
to get the government to pay you for drawing obscene art or
|
||||
writing nasty stories.
|
||||
You may even decide to take a government job, if you can
|
||||
make more money doing that than working for some private
|
||||
firm. But a bad citizen who's got a government job takes all
|
||||
his sick leave, goofs off every chance he gets, and does
|
||||
everything he can to minimize the damage the government can
|
||||
do to other bad citizens.
|
||||
But don't cooperate with the bastards when it's not to
|
||||
your advantage to do so. Except when it's in your direct,
|
||||
economic advantage, you ignore the government. Never
|
||||
voluntarily do anything that will help the government in any
|
||||
way.
|
||||
If bad citizens know someone who is cheating on their
|
||||
taxes, violating a business license law, working in a job
|
||||
paying less than the minimum wage, or selling a little dope,
|
||||
they don't call the authorities.
|
||||
A bad citizen files his income tax return but cheats in
|
||||
ways that take advantage of IRS incompetence. Bad citizens
|
||||
work off the books and don't declare the income. They'll
|
||||
drive one hundred and fifty miles to buy a truck load of
|
||||
groceries in another state that charges less sales tax.
|
||||
A bad citizen loses his census form, or fills it in
|
||||
wrong. Bad citizens don't provide the government any kind of
|
||||
information unless they get an immediate benefit or there is
|
||||
a government official standing there insisting that they do
|
||||
it.
|
||||
Bad citizens don't sacrifice their own pleasures or
|
||||
happiness just because the government tells them such
|
||||
sacrifices are in the common good. They don't volunteer
|
||||
their services for anything the government is trying to do,
|
||||
no matter how worthwhile the project appears to be. If the
|
||||
politicians tell them there is an energy crisis, they don't
|
||||
turn the heat down and the lights off if they can afford the
|
||||
electricity.
|
||||
Bad citizens enjoy the freedom of driving their own
|
||||
personal cars instead of riding tax-subsidized mass transit
|
||||
systems or subjecting their personal schedules to the demands
|
||||
of car pooling. Bad citizens don't waste time sorting
|
||||
garbage unless there is a direct economic benefit for doing
|
||||
so. They don't man a voting booth, support the local
|
||||
sheriff, waste time in town meetings, donate to political
|
||||
parties, report poachers, nor contribute to the Community
|
||||
Chest and United Fund. They recognize that a government that
|
||||
steals freedom shouldn't get any voluntary help.
|
||||
Of course, there is a chance that someone will show up
|
||||
at your door pointing a gun to make you volunteer for some
|
||||
civic duty like jury duty. When that happens, don't argue,
|
||||
go. But a bad citizen won't do anything more than what is
|
||||
absolutely necessary. On something like jury duty, it may
|
||||
even be possible to help screw up the system even while
|
||||
pretending to act like a good citizen.
|
||||
It the person on trial is accused of tax evasion, drug
|
||||
offenses, bootlegging, pornography, non-violent sex offenses,
|
||||
a failure to obtain a business license, or any other crime
|
||||
that shouldn't be a crime in a free society, a bad citizen
|
||||
can always find some justification for voting not guilty,
|
||||
even if every other member of the jury is convinced he's
|
||||
guilty.
|
||||
Such a bad citizen is exercising the right of jury
|
||||
nulification, that is, the right to set a person free because
|
||||
the juror thinks the law is not constitutional. But the bad
|
||||
citizen won't admit that to the judge, the jury, nor the
|
||||
press. Instead, he or she will insist that he or she was not
|
||||
convinced by the prosecutor's evidence.
|
||||
When the government confronts a bad citizen, the bad
|
||||
citizen will insist that the government official respect
|
||||
every right that the Constitution and the law gives every
|
||||
citizen. The bad citizen makes sure he knows what rights the
|
||||
law gives him, and then he demands they be respected. The
|
||||
bad citizen will be polite, he will fight the urge to get
|
||||
angry, he will never, ever, initiate violence against a
|
||||
government official, but he will insist on his rights.
|
||||
Unless he is presented with a warrant, he won't let a
|
||||
government official into his house, he won't give permission
|
||||
to any officer of the law to search any of his belongings,
|
||||
and he won't answer any questions, even apparently innocent
|
||||
questions without first checking with a lawyer.
|
||||
Even in the United States with all the protections
|
||||
against self-incrimination, most of the people in jails are
|
||||
there because they talked too much.
|
||||
When questioned by a government official, the smart
|
||||
person in such a situation becomes the dumbest citizen in the
|
||||
county. He hasn't been reading the newspapers, doesn't
|
||||
listen to the radio, doesn't know a thing about what is going
|
||||
on, but he loves the government, and loves doing his civic
|
||||
duty, and he knows his rights.
|
||||
If bad citizens are asked a direct question, they won't
|
||||
lie, but they give as little information as possible. They
|
||||
never gives any information that they are not required by law
|
||||
to give. But the do it all courteously, never suggesting by
|
||||
tone or attitude that they are being anything but totally
|
||||
cooperative.
|
||||
All you have to do is say, "I don't want to answer that
|
||||
question." If the government official insists you answer
|
||||
the question, then you say, "I want to speak to my lawyer
|
||||
before I answer that question."
|
||||
But most of the time, the bad citizen will never be
|
||||
bothered by some government thug because he will learn how to
|
||||
maximize his own happiness without having to have any
|
||||
dealings with the politician or the bureaucrat.
|
||||
|
||||
|
||||
+-----------------------------------------------------------------+
|
||||
| THE CHAOS ADVOCATE is copyrighted by Mack Tanner. You |
|
||||
| may review and read sections of this electronic publication |
|
||||
| to determine whether or not you would like to read the entire |
|
||||
| work. If you decide to read the entire magazine, or if you |
|
||||
| keep a copy of the magazine in the unpacked, readable format |
|
||||
| for your own personal use or review for more than two days |
|
||||
| must pay a SHARELIT fee by mailing $2.00 to |
|
||||
| |
|
||||
| Mack Tanner |
|
||||
| 1234 Nearing Rd. |
|
||||
| Moscow, ID 83843 |
|
||||
| |
|
||||
| If you want a receipt, include a self-addressed and |
|
||||
| stamped envelope. |
|
||||
| |
|
||||
+-----------------------------------------------------------------+
|
||||
|
||||
277
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Normal file
277
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Normal file
@@ -0,0 +1,277 @@
|
||||
|
||||
|
||||
The Immorality of the State
|
||||
|
||||
by Mikhail Bakunin [1814-1876]
|
||||
|
||||
Transcribed by The Dak
|
||||
|
||||
Holiday Inn, Cambodia BBS 209/456-8584
|
||||
|
||||
=======================================
|
||||
|
||||
|
||||
The existence of a single limited State necessarily presupposed the
|
||||
|
||||
existence, and if necessary provokes the formation of several States, it
|
||||
|
||||
being quite natural that the individuals who find themselves outside of this
|
||||
|
||||
State and who are menaced by it in their existence and liberty, should in
|
||||
|
||||
turn league themselves against it. Here we have humanity broken up into an
|
||||
|
||||
indefinite number of States which are foreign, hostile, and menacing toward
|
||||
|
||||
one another.
|
||||
|
||||
|
||||
There is no common right, and no social contract among them, for if such a
|
||||
|
||||
contract and right existed, the various States would cease to be absolutely
|
||||
|
||||
independent of one another, becoming federated members of one great State.
|
||||
|
||||
Unless this great State embraces humanity as a whole, it will necessarily
|
||||
|
||||
have against it the hostility of other great States, federated internally.
|
||||
|
||||
Thus war would always be supreme law and the inherent necessity of the very
|
||||
|
||||
existence of humanity.
|
||||
|
||||
|
||||
Every State, whether it is of a federative or a non-federative character,
|
||||
|
||||
must seek, under the penalty of utter ruin, to become the most powerful of
|
||||
|
||||
States. It has to devour others in order not to be devoured in turn, to
|
||||
|
||||
conquer in order not to be conquered, to enslave in order not to be enslaved
|
||||
|
||||
- for two similar and at the same time alien powers, cannot co-exist without
|
||||
|
||||
destroying each other.
|
||||
|
||||
|
||||
THE STATE THEN IS THE MOST FLAGRANT NEGATION, THE MOST CYNICAL AND
|
||||
|
||||
COMPLETE NEGATION OF HUMANITY. It rends apart the universal solidarity of
|
||||
|
||||
all men upon earth, and it unites some of them only in order to destroy,
|
||||
|
||||
conquer, and enslave all the rest. It takes under its protection only its
|
||||
|
||||
own citizens, and it recognizes human right, humanity, and civilization only
|
||||
|
||||
within the confines of its own boundries. And since it does not recognize
|
||||
|
||||
any right outside of its own confines, it quite logically arrogated to itself
|
||||
|
||||
the right to treat with the most ferocious inhumanity all the foreign
|
||||
|
||||
populations whom it can pillage, exterminate, or subordinate to its will.
|
||||
|
||||
|
||||
Since international law does not exist, and since it never can exist in a
|
||||
|
||||
serious and real manner without undermining the very foundations of the
|
||||
|
||||
principle of absolute State sovereignty, the State cannot have any duties
|
||||
|
||||
toward foreign populations. If then it treats humanely a conquered people,
|
||||
|
||||
if it does not go to the full length in pillaging and exterminating it, and
|
||||
|
||||
does not reduce it to the last degree of slavery, it does so perhaps because
|
||||
|
||||
of considerations of political expediency and prudence, or even because of
|
||||
|
||||
pure magnanimity, but never because of duty - for it has an absolute right to
|
||||
|
||||
dispose of them in any way it deems fit.
|
||||
|
||||
|
||||
This flagrant negation of humanity, which constitutes the very essence of
|
||||
|
||||
the State, is from the point of view of the latter the supreme duty and the
|
||||
|
||||
greatest virtue: it is called PATRIOTISM and it constitutes the TRANSCENDENT
|
||||
|
||||
MORALITY of the State. We call it the transcendent morality because
|
||||
|
||||
ordinarily it transcends the level of human morality and justice, whether
|
||||
|
||||
private or common, and thereby it often sets itself in shard contradiction to
|
||||
|
||||
them. Thus, for instance, to offend, oppress, rob, plunder, assassinate, or
|
||||
|
||||
enslave one's fellowman is, to the ordinary morality of man, to commit a
|
||||
|
||||
serious crime.
|
||||
|
||||
|
||||
In public life, on the contrary, from the point of view of patriotism,
|
||||
|
||||
when it is done for the greater glory of the State in order to conserve or to
|
||||
|
||||
enlarge its power, all that becomes a duty and a virtue. And this duty, this
|
||||
|
||||
virtue, are obligatory upon every patriotic citizen. Everyone is expected to
|
||||
|
||||
discharge those duties not only in respect to strangers but in respect to his
|
||||
|
||||
fellow-citizens, members and subjects of the same State, whenever the welfare
|
||||
|
||||
of the State demands it from him.
|
||||
|
||||
|
||||
The supreme law of the State is self-preservation at any cost. And since
|
||||
|
||||
all States, ever since they came to exist upon the earth, have been condemned
|
||||
|
||||
to perpetual struggle - a struggle against their own populations, whom they
|
||||
|
||||
oppress and ruin, a struggle against all foreign States, every one of which
|
||||
|
||||
can be strong only if the others are weak - and since the States cannot hold
|
||||
|
||||
their own in this struggle unless they constantly keep on augmenting their
|
||||
|
||||
power against their own subjects as well as against the neighborhood States -
|
||||
|
||||
- it follows that the supreme law of the State is the augmentation of its
|
||||
|
||||
power to the detriment of internal liberty and external justice.
|
||||
|
||||
|
||||
Such is in its stark reality the sole morality, the sole aim of the State.
|
||||
|
||||
It worships God himself only because he is its own exclusive God, the
|
||||
|
||||
sanction of its power and of that which it calls its right, that is, the
|
||||
|
||||
right to exist at any cost and always to expand at the cost of other States.
|
||||
|
||||
Whatever serves to promote this end is worthwhile, legitimate, and virtuous.
|
||||
|
||||
Whatever harms it is criminal. The morality of the State then is the
|
||||
|
||||
reversal of human justice and human morality.
|
||||
|
||||
|
||||
The State has to recognize in its own hypocritical manner the powerful
|
||||
|
||||
sentiment of humanity. In the face of this fainful alternative there remains
|
||||
|
||||
only one way out: and that it hypocrisy. The States pay their outward
|
||||
|
||||
respects to this idea of humanity; they speak and apparently act only in the
|
||||
|
||||
name of it, but they violate it every day. This, however, should not be held
|
||||
|
||||
against the States. They cannot act otherwise, their position having become
|
||||
|
||||
such that they can hold their own only by lying. Diplomacy has no other
|
||||
|
||||
mission.
|
||||
|
||||
|
||||
Therefore what do we see? Every time a State wants to declare war upon
|
||||
|
||||
another State, it starts off by launching a manifesto addressed not only to
|
||||
|
||||
its own subjects but to the whole world. In this manifesto it declares that
|
||||
|
||||
right and justice are on its side, and it endeavors to prove that it is
|
||||
|
||||
actuated only by love of peace and humanity and that, imbued with generous
|
||||
|
||||
and peaceful sentiments, it suffered for a long time in silence until the
|
||||
|
||||
mounting iniquity of its enemy forced it to bare its sword. At the same time
|
||||
|
||||
it vows that, disdainful of all material conquest and not seeking any
|
||||
|
||||
increase in territory, it will put and end to this war as soon as justice is
|
||||
|
||||
reestablished. And its antagonist answers with a similar manifesto, in which
|
||||
|
||||
naturally right, justice, humanity, and all the generous sentiments are to be
|
||||
|
||||
found respectively on its side.
|
||||
|
||||
|
||||
Those mutually opposed manifestos are written with the same eloquence,
|
||||
|
||||
they breathe the same virtuous indignation, and one is just as sincere as the
|
||||
|
||||
other; that is to say both of them are equally brazen in their lies, and it
|
||||
|
||||
is only fools who are deceived by them. Sensible persons, all those who have
|
||||
|
||||
had some political experience, do not even take the trouble of reading such
|
||||
|
||||
manifestoes. On the contrary, they seek ways to uncover the interests
|
||||
|
||||
driving both adversaries into this war, and to weigh the respective power of
|
||||
|
||||
each of them in order to guess the outcome of the struggle. Which only goes
|
||||
|
||||
to prove that moral issues are not at stake in such wars.
|
||||
|
||||
|
||||
Perpetual war is the price of the State's existence. The rights of
|
||||
|
||||
peoples, as well as the treaties regulating the relations of the States, lack
|
||||
|
||||
any moral sanction. In every definite historic epoch they are the material
|
||||
|
||||
expression of the equilibrium resulting from the mutual antagonism of States.
|
||||
|
||||
So long as States exist, there will be no peace. There will be only more or
|
||||
|
||||
less prolonged respites, armistices concluded by the perpetually belligerent
|
||||
|
||||
States; but as soon as the State feels sufficiently strong to destroy this
|
||||
|
||||
equilibrium to its advantage, it will never fail to do so. The history of
|
||||
|
||||
humanity fully bears out this point.
|
||||
|
||||
|
||||
Crimes are the moral climate of the States. This explains to us why ever
|
||||
|
||||
since history began, that is, ever since States came inmto existence, the
|
||||
|
||||
political world has always been and still continues to be the stage for high
|
||||
|
||||
knavery and unsurpassed brigandage - brigandage and knavery which are held in
|
||||
|
||||
high honor, since they are ordained by patriotism, transcendent morality, and
|
||||
|
||||
by the supreme interest of the State. This explains to us why all the
|
||||
|
||||
history of ancient and modern States is nothing more than a series of
|
||||
|
||||
revolting crimes; why present and past kings and ministers of all times and
|
||||
|
||||
of all countries - statesmen, diplomats, bureaucrats, and warriors - if
|
||||
|
||||
judged from the point of view of simple morality and human justice, deserve a
|
||||
|
||||
thousand times the gallows of penal servitude.
|
||||
|
||||
|
||||
For there is no terror, cruelty, sacrilege, perjury, imposture, infamous
|
||||
|
||||
transaction, cynical theft, brazen robbery or foul treason which has not been
|
||||
|
||||
committed and all are still being committed daily by representatives of the
|
||||
|
||||
State, with no other excuse than this elastic, at times so convenient and
|
||||
|
||||
terrible phrase REASON OF STATE.
|
||||
|
||||
|
||||
|
||||
965
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|
||||
|
||||
|
||||
BIBLIOGRAPHY
|
||||
Cyberspace
|
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|
||||
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|
||||
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|
||||
|
||||
Compiled by
|
||||
Anne Balsamo
|
||||
Program in Science, Technology and Culture
|
||||
School of Literature, Communication and Culture
|
||||
Georgia Institute of Technology
|
||||
Atlanta, GA 30332
|
||||
anne.balsamo@lcc.gatech.edu
|
||||
|
||||
(additions welcomed)
|
||||
|
||||
November, 1992
|
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|
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
|
||||
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|
||||
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||||
|
||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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||||
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|
||||
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||||
|
||||
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||||
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||||
|
||||
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|
||||
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|
||||
|
||||
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|
||||
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||||
|
||||
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||||
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||||
|
||||
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Smith, Steven Scott. "Continuum: Picture This." Omni October 1990: 33.
|
||||
|
||||
Smith, R.B. "The alternative reality kit: an animated environment for
|
||||
creating interactive simulations." Proceedings of the 1986 IEEE computer
|
||||
Society Workshop on Visual Languages, June 25-27, 1986, Dallas, Texas:
|
||||
99-196.
|
||||
|
||||
Sobchack, Vivian. Screening Space: The American science fiction film.
|
||||
New York: Ungar, 1987.
|
||||
|
||||
Soja, Edward W. Postmodern Geographies: The reassertion of space in
|
||||
critical social theory. London: Verso books, 1989.
|
||||
|
||||
de Sola Pool, Ithiel. Technologies of Freedom. Cambridge, MA: Harvard
|
||||
UP, 1983.
|
||||
|
||||
Solomonides, Tony and Les Levidow, eds. Compulsive TEchnology:
|
||||
computers as culture. London: Free Association books, 1985.
|
||||
|
||||
Sterling, Bruce. "War on the Electric Frontier." American Book Review,
|
||||
13, 1 (1991): 4-5.
|
||||
|
||||
Sterling, Bruce. "Cyberpunk in the Nineties." Interzone: Science Fiction
|
||||
and Fantasy 38 (June 1990): 39-41.
|
||||
|
||||
Sterling, Bruce. "Cyberspace (TM)." Interzone: Science Fiction and
|
||||
Fantasy 41 (November 1990): 54 (3).
|
||||
|
||||
Sterling, Bruce. "Shinkansen." Whole Earth Review (Winter, 1990): 72-
|
||||
76.
|
||||
|
||||
Sterling, Bruce. "Report on the Cyberpunk Bust." Interzone: Science
|
||||
Fiction and Fantasy 48 (February 1991): 47-51.
|
||||
|
||||
Sterling, Bruce. The Hacker Crackdown: Law and disorder on the
|
||||
electronic frontier. Bantam, 1992.
|
||||
|
||||
Stone, Allucquere Rosanne. "Will the Real Body Please Stand Up?:
|
||||
Boundary stories about virtual cultures." Cyberspace: First steps. Ed.
|
||||
Michael Benedikt. Cambridge, MA: MIT press, 1991: 80-118.
|
||||
|
||||
Stone, Judith. "Turn on, Tune in, boot up: Timothy Leary, drug guru of
|
||||
the sixties, has found a new way to hawk hallucinations." Discover June
|
||||
1991: 32-36.
|
||||
|
||||
Stratton, Bob. "ImagineNation 'Virtual Reality' for entertainment."
|
||||
Mondo 2000 (Summer 1990): 63.
|
||||
|
||||
Stewart, Doug. "Artificial Reality: Don't stay home without it."
|
||||
Smithsonian 21.10 (January 1991): 36.
|
||||
|
||||
Street, John. Politics and TEchnology. New York: The Guilford press, 1992.
|
||||
|
||||
Sudnow, David. Pilgrim in the Microworld. New York: Warner
|
||||
communications, 1983.
|
||||
|
||||
Suvin, Darko. "On Gibson and Cyberpunk SF." Foundation 46 (1989): 40-
|
||||
51.
|
||||
|
||||
Synergy, Michael. "Synergy Speaks: Goodbye Banks, Goodbye Telephones,
|
||||
Goodbye Welfare Checks." Mondo 2000 #3 (Winter 1991): 50-54.
|
||||
|
||||
Takayuki, Tatsumi. "An interview with Darko Suvin." Science-fiction
|
||||
Studies 12 (1985): 202-208.
|
||||
|
||||
Thomas, Wes. "Hyperwebs: CyberFusion." Mondo 2000 (Summer 1990): 68-
|
||||
69.
|
||||
|
||||
Tisdale, Sallie. "It's Been Real." Esquire (April 1991): 36 (3).
|
||||
|
||||
Todd, Daniel. "Autodesk: A success story." Information Week July 23,
|
||||
1990.
|
||||
|
||||
Toffler, Future Shock. New York: Random House, 1970.
|
||||
|
||||
Toffler, The Third Wave. New York:
|
||||
|
||||
Tomas, David. "The Technophilic Body: On technicity in William Gibson's
|
||||
cyborg culture." New Formations 8 (Spring, 1989): 113-129.
|
||||
|
||||
Tribe, Laurence H. "The Constitution in Cyberspace." The Humanist
|
||||
(September/October, 1991) 51.5: 15-21.
|
||||
|
||||
Tucker, M. Art after Modernism. Boston: David R. Godine, incl 1984.
|
||||
|
||||
Turck, Fred. "The Prompt and VR." Leonardo (1991).
|
||||
|
||||
Turkle, Sherry and Seymour Papert. "Epistemological Pluralism: Styles
|
||||
and Voices with the computer culture." SIGNS 16.11 (1990): 128-157.
|
||||
|
||||
Turkle, Sherry. The Second Self: Computers and the human spirit. New
|
||||
York: Simon and Schuster, 1984.
|
||||
|
||||
Turner, Fredrick. "Escape from Modernism: Technology and the future of
|
||||
the imagination." Harpers (November, 1987): 47-55.
|
||||
|
||||
Ulmer, Gregory. Teletheory: Grammatology in the age of video. New York:
|
||||
Routledge, 1989.
|
||||
|
||||
Uncapher, Willard. "Trouble in Cyberspace." The Humanist
|
||||
(September/October, 1991) 51.5: 5-14.
|
||||
|
||||
Varley, Pamela. "Electronic Democracy." Technology Review
|
||||
(November/December, 1991): 43-51.
|
||||
|
||||
Virtual World News: A Publication of VPL Research Inc. (Summer, 1990
|
||||
Vol 2, no. 1) and (Summer/Siggraph 1991 Vol. 3, no. 1).
|
||||
|
||||
Walker, John. "Through the Looking Glass: Beyond 'User interfaces.'"
|
||||
CADalyst (Dec 1989): 40-43.
|
||||
|
||||
Wallich, Paul. "Silicon Babies." Scientific American (December, 1991):
|
||||
124-134.
|
||||
|
||||
Walley, Benjamin. "Larger than Life." New Statesman and Society Aug. 30,
|
||||
1991.
|
||||
|
||||
Walser, Randal. "On the Road to Cyberia: A few thoughts on Autodesk's
|
||||
cyberspace initiative." CADalyst (Dec 1989): 43-45.
|
||||
|
||||
Walser, Randal. "Spacemakers and the Art of the Cyberspace Playhouse."
|
||||
Mondo 2000 #2 (Summer 1990): 60-61.
|
||||
|
||||
Walser, Randal. "Doing it Directly, The experiential development of
|
||||
cyberspaces." Proceedings 100- SPIE/SPSE Symposium on Electronic Imaging
|
||||
Science & Technology, Santa Clara, CA.
|
||||
|
||||
Watkins, R. "Through the Looking Glass." Computer Graphics World (Jan,
|
||||
1988): 40-42.
|
||||
|
||||
Watkinson, David. "VR: The ultimate special effect." Videography
|
||||
(October 1, 1990).
|
||||
|
||||
Weinberg, Nathan. Computers in the Information Society. Boulder:
|
||||
Westview press, 1990.
|
||||
|
||||
Weiner, Norbert. The Human Use of Human Beings. New York: Avon, 1950.
|
||||
|
||||
Weiner, Norbert. "Cybernetics." Scientific American 179, 46 (1947):
|
||||
|
||||
Welter, Therese R. "The Artificial Tourist: Virtual reality promises
|
||||
new worlds for industry." Industry Week, October 15, 1990: 66+.
|
||||
|
||||
Wheeler, David L. "Computer-created world of 'virtual reality' opening
|
||||
new vistas to scientists." The Chronicle of Higher Education March 13,
|
||||
1991 (Vol. 37, no. 26): A6.
|
||||
|
||||
Williams, Raymond. Television: Technology and Cultural Form. New York:
|
||||
Schocken Books, 1974.
|
||||
|
||||
Williams, Raymond. "Science Fiction." Science-Fiction Studies 15.3
|
||||
(1988): 356-360.
|
||||
|
||||
Wolf, Gary. "Avital Ronell on Hallucinogenres." Mondo 2000 #4: 63-69.
|
||||
|
||||
Woodward, Kathleen. "Cybernetic Modeling in recent American Writing: A
|
||||
critique." North Dakota Quarterly 51.1 (Winter 1983): 57-73.
|
||||
|
||||
Woodward, Kathleen, ed. The Myths of Information: Technology and
|
||||
postindustrial culture. Madison, WI: Coda Press, 1980.
|
||||
|
||||
Zachary, G. Pascal. "Artificial Realtiy: Computer Simulations One Day
|
||||
may Provide Surreal Experiences." Wall Street Journal, January 23, 1990,
|
||||
sec. 1: 1.
|
||||
|
||||
Zachmann, W.F. "Adventures in cyberspace." PC Magazine May 30, 1089: 83-
|
||||
84.
|
||||
|
||||
Zuboff, Shoshana. In the Age of the Smart Machine. New York: SImon and
|
||||
Schuster, 1989.
|
||||
|
||||
2030, F.M. ARe you a transhuman? Warner, 1989.
|
||||
|
||||
/
|
||||
|
||||
526
textfiles.com/politics/banned.91
Normal file
526
textfiles.com/politics/banned.91
Normal file
@@ -0,0 +1,526 @@
|
||||
Banned Computer Material 1992
|
||||
|
||||
Inspired by Banned Book Week '92, this is a list of computer material
|
||||
that was banned or challenged in academia in 1992. Iowa State
|
||||
University has the dubious distinction of being listed most often
|
||||
(three times).
|
||||
|
||||
The list proper starts after a list of the academic institutions where
|
||||
bans or challenges have occurred. The list proper is followed by
|
||||
instructions on how to get more information about specific incidents
|
||||
and then by instructions on how to get general information about
|
||||
computers and academic freedom.
|
||||
|
||||
Please send reports, corrections, and updates to either
|
||||
caf-talk@eff.org (a public mailing list) or kadie@eff.org (private).
|
||||
|
||||
-- Carl Kadie, kadie@eff.org,
|
||||
co-editor Computer and Academic Freedom News
|
||||
Disclaimer: I do not represent EFF; this is just me.
|
||||
version: 1.09
|
||||
|
||||
============= Academic Institutions ==================
|
||||
USA
|
||||
Ball State University
|
||||
Boston University (i)
|
||||
Carnegie Mellon University
|
||||
Iowa State University (i)
|
||||
North Dakota State University
|
||||
Princeton
|
||||
University of California at Berkeley (site of an unsuccessful challenge)
|
||||
University of Massachusetts at Boston
|
||||
University of Nebraska at Lincoln
|
||||
University of Wyoming
|
||||
Virginia Public Education Network
|
||||
Virginia Tech
|
||||
Williams College (the college not directly involved)
|
||||
Canada
|
||||
Canadian universities
|
||||
Simon Fraser University
|
||||
University of British Columbia
|
||||
University of Manitoba
|
||||
University of Toronto (site of an unsuccessful challenge)
|
||||
University of Ottawa
|
||||
Wilfrid Laurier University (i)
|
||||
Wilfrid Laurier University (ii)
|
||||
Europe
|
||||
Irish universities
|
||||
German universities
|
||||
Middle East Technical University in Turkey
|
||||
United Kingdom Net
|
||||
Updates
|
||||
Iowa State University (ii)
|
||||
University of Illinois at Urbana-Champaign (ban ended)
|
||||
Continuing
|
||||
Boston University (ii)
|
||||
Iowa State University (iii)
|
||||
James Madison University
|
||||
Pennsylvania State University
|
||||
University of Newcastle
|
||||
University of Texas
|
||||
University of Toledo
|
||||
Western Washington University (& University of Washington)
|
||||
|
||||
=============== List of Banned Computer Materials ==============
|
||||
|
||||
+ USA:
|
||||
|
||||
Computer code at *Ball State University* to crack passwords
|
||||
... even if it is never run. During a system-wide search, an
|
||||
administrator found the computer code. The user says "[i]t really
|
||||
bothers me that I'm going to get in a lot of trouble (probably
|
||||
anyway) just for the mere possession of a program."
|
||||
REFERENCE:
|
||||
news/cafv02n11:<9202161945.AA24863@bsu-cs.bsu.edu>
|
||||
|
||||
Lyrics to Ice-T's Cop Killer in a .plan file at *Boston University*
|
||||
"Two people have complained to my department's chair... .He asked me
|
||||
informally to remove it. I told him I would not do so voluntarily."
|
||||
REFERENCE:
|
||||
news/cafv02n35:<JBW.92Jul16195814@bigbird.bu.edu>
|
||||
|
||||
Articles in an open bulletin board at *Carnegie Mellon University* if
|
||||
they offend
|
||||
The University threatened to investigate the author on charges of
|
||||
sexual harassment unless he stopped writing.
|
||||
news/cafv02n11:<46750.298C2BB3@psycho.fidonet.org>
|
||||
news/cafv02n08:<1992Jan28.223429.20426@eff.org>
|
||||
|
||||
Material from the rec.arts.erotica newsgroup at *Iowa State University*
|
||||
To protest the University's ban of this newsgroup, a student
|
||||
reposted some of the articles to newsgroup isu.newsgroups. He was
|
||||
summarily expelled from the University computers. Later his
|
||||
account was restored. The incident made the front page of the
|
||||
student newspaper.
|
||||
news/cafv02n30:<1992May6.033143.16713@eff.org>
|
||||
news/cafv02n30:<1992May8.064304.8364@news.iastate.edu>
|
||||
|
||||
All "offensive" material at *North Dakota State University*
|
||||
Banned by the Policy on Misuse of Computer Facilities
|
||||
news/cafv02n20:<1992Apr27.214917.13402@eff.org>
|
||||
|
||||
Any electronic posting at *Princeton* that demeans a person because of
|
||||
his or her beliefs
|
||||
banned by Princeton's Guidelines for the use of Campus and
|
||||
Network Computing Resources and the more general Rights, Rules,
|
||||
Responsibilities Policy.
|
||||
news/cafv02n20:<199204292110.AA23705@eff.org>
|
||||
news/cafv02n20:<1992Apr29.213206.24214@eff.org>
|
||||
|
||||
Anti-Semitic material available at the *University of California at
|
||||
Berkeley* via the Internet
|
||||
... challenged by a student, but the University and the
|
||||
Anti-Defamation League of B'nai B'rith said that censorship would be
|
||||
inappropriate.
|
||||
news/cafv02n07:<kpgo3cINNvq@news.bbn.com>
|
||||
|
||||
All .plan files at the *University of Massachusetts at Boston* that would
|
||||
not be given a PG-13 rating
|
||||
news/cafv02n39:<BETSYS.92Aug3155829@ra.cs.umb.edu>
|
||||
|
||||
All the alternative newsgroups (even alt.censorship) at the
|
||||
*University of Nebraska at Lincoln*
|
||||
... because someone might find some of the articles in some of the
|
||||
newsgroups "objectionable". On April 6th the UNL Academic Senate
|
||||
Executive Committee voted to request restoration of the majority of
|
||||
the alt.* groups, but none have been restored.
|
||||
news/cafv02n22:<1992Mar26.214421.26447@sparky.imd.sterling.com>
|
||||
news/cafv02n22:<9203212232.AA24018@cse.unl.edu>
|
||||
news/cafv02n23:<1992Apr1.192701.28737@eff.org>
|
||||
news/cafv02n23:<9205040334.AA04565@cse.unl.edu>
|
||||
news/cafv02n23:<fwd.9204201540.AA12109@herodotus.cs.uiuc.edu>
|
||||
news/cafv02n30:<1992May5.005813.281@eff.org>
|
||||
|
||||
Computer code at the *University of Wyoming* for Internet Relay Chat
|
||||
A student was told that if university searches turned up IRC code in
|
||||
his possession, he "would be disusered without hope for reinstatement."
|
||||
news/cafv02n08:
|
||||
<3803321809011992_A11466_POSSE_11614C9F3200@mrgate.uwyo.edu>
|
||||
|
||||
Any network use on *Virginia Public Education Network* that violates
|
||||
"generally accepted social standards"
|
||||
Such use is defined as "obscene" and is banned by PEN's Acceptable
|
||||
Use Policy.
|
||||
policies/virginia.pen.edu
|
||||
policies/virginia.pen.edu.critique
|
||||
|
||||
Any "unwarranted annoyance" or "unsolicited email" at *Virginia Tech*
|
||||
... banned by the Information System's Appropriate Use Policy.
|
||||
The policy is currently being revised.
|
||||
news/cafv02n20:<1992Apr27.214917.13402@eff.org>
|
||||
|
||||
The phrase "George Bush and his people need a bullet in the head" posted
|
||||
to the Net from *Williams College*
|
||||
The posting led to a U.S. Secret Service and grand jury investigation.
|
||||
news/cafv02n29:<1992Jun11.001601.29258@morrow.stanford.edu>
|
||||
|
||||
+ Canada:
|
||||
|
||||
alt.sex.bondage and other "pornographic writing" anywhere in *Canada*.
|
||||
... challenged in a CBC Radio show reporting that some police
|
||||
consider these legally obscene, and would like to suppress them
|
||||
if possible. (The police haven't acted, but their statements may
|
||||
have caused some sites to ban material.)
|
||||
news/cafv02n30:<telecom12.427.9@eecs.nwu.edu>
|
||||
|
||||
All Netnews discussions of sex at *Simon Fraser University*
|
||||
The _Globe and Mail_ quotes the director of academic computing
|
||||
services: "It's the same as if somebody wants Playboy or
|
||||
Penthouse. We don't have them in the university library." In
|
||||
fact, SFU has _Playboy_ in its library.
|
||||
news/cafv02n38:<1992Jul21.164722.252@jarvis.csri.toronto.edu>
|
||||
news/cafv02n37:<philip.12@SMU.StMarys.CA>
|
||||
|
||||
All "vulgar", "reprehensible", "pornographic", or "poison[ous]"
|
||||
material that might be accessed from, created on, or stored on
|
||||
*University of British Columbia* computing equipment starting with
|
||||
newsgroups alt.sex and rec.arts.erotica
|
||||
... banned by order of the president of the University
|
||||
news/cafv02n39:<DALTON.92Jul31231305@oligo.Geop.UBC.CA>
|
||||
|
||||
All Netnews discussions of sex at the *University of Manitoba*
|
||||
... banned the day after a critical article in the Winnipeg Free Press
|
||||
news/cafv02n21:<1992May10.093635.27536@ccu.umanitoba.ca>
|
||||
news/cafv02n38:<1992Jul21.164722.252@jarvis.csri.toronto.edu>
|
||||
news/cafv02n37:<philip.12@SMU.StMarys.CA>
|
||||
news/cafv02n26:<1992May28.010057.18609@cs.sfu.ca>
|
||||
news/cafv02n30:<1992May31.080939.25516@clarinet.com>
|
||||
|
||||
All on-line material related to sex at *University of Toronto*
|
||||
... challenged in a broadcast by CITY-TV (an independent Toronto
|
||||
television station) that suggested the U. of Toronto should deal
|
||||
with the "problem" like U. of Manitoba did, that is, by banning the
|
||||
material. The U. of Toronto resisted the challenge and refused to
|
||||
censor the material.
|
||||
news/cafv02n34:<1992Jul7.150830.27316@ccu.umanitoba.ca>
|
||||
policies/utoronto.ca
|
||||
news/cafv02n37:<philip.12@SMU.StMarys.CA>
|
||||
news/cafv02n33:<1992Jun16.045026.15800@gpu.utcs.utoronto.ca>
|
||||
|
||||
The alt.sex* newsgroups at the *University of Ottawa*
|
||||
cases/wlu.ca
|
||||
|
||||
All "profane" computer file names at *Wilfrid Laurier University*
|
||||
news/cafv02n40:<1992Aug13.182157.5688@m.cs.uiuc.edu>
|
||||
|
||||
The alt.sex* newsgroups at *Wilfrid Laurier University*
|
||||
... because the administration thinks they are "offensive" and "puerile".
|
||||
cases/wlu.ca
|
||||
|
||||
+ Europe:
|
||||
|
||||
Newsgroups at *many German universities* that discuss sex, including
|
||||
discussion of recovery from sexual abuse
|
||||
... banned in response to an article in the German paper "EMMA" .
|
||||
news/cafv02n23:<199204201927.AA07124@eff.org>
|
||||
|
||||
Netnews discussion in *Ireland* of abortion
|
||||
news/cafv02n11:<1992Feb24.222848.12187@maths.tcd.ie>
|
||||
|
||||
Netnews discussion via Switzerland's SWITCH of gay rights, of drugs
|
||||
and drug policy, and of sex and recovery from sexual abuse. Also,
|
||||
United Press International articles related to terrorism or sex
|
||||
SWITCH is an academic network consortium. The official rational is
|
||||
that this information *might* be illegal under Swiss law.
|
||||
news/cafv02n22:<1992Mar2.135005.14877@neptune.inf.ethz.ch>
|
||||
news/cafv02n11:<1992Feb20.180752@sic.epfl.ch>
|
||||
news/cafv02n13:<16825.9203091724@pyr.swan.ac.uk>
|
||||
|
||||
All on-line political or religions "activism" at *Middle East
|
||||
Technical University in Turkey*
|
||||
news/cafv02n21:<1992May4.223243.28741@eff.org>
|
||||
|
||||
Newsgroups alt.sex*, alt.drugs, alt.evil, alt.tasteless and
|
||||
rec.arts.erotica on *United Kingdom Net*
|
||||
UKNet is commercial network that connects most academic institutions in
|
||||
the United Kingdom. They say that they fear UK law.
|
||||
news/cafv02n33:<1992Jun08.165434.4998@bas-a.bcc.ac.uk>
|
||||
news/cafv02n30:<1992May19.093311.105@rdg.dec.com>
|
||||
|
||||
+ Updates:
|
||||
|
||||
Most on-line discussion of sex at *Iowa State University*
|
||||
Iowa State University restricts access to these newsgroups. The
|
||||
rational for the restriction is Iowa's Obscenity law. That law,
|
||||
however, explicitly exempts universities. Since the original
|
||||
restrictions were started rec.arts.erotica has been added to the
|
||||
restricted list, while discussion of drugs and drug policy were
|
||||
removed.
|
||||
news/cafv02n11:<1992Feb23.201324.12799@m.cs.uiuc.edu>
|
||||
news/cafv02n11:<3198@ecicrl.ocunix.on.ca>
|
||||
news/cafv02n08:<1992Jan24.160039.20161@news.iastate.edu>
|
||||
news/cafv02n30:<1992May11.132630.23905@news.iastate.edu>
|
||||
|
||||
Email send to or from the National Center for Supercomputer
|
||||
Applications (NCSA) that verbally attacks the Center or the
|
||||
*University of Illinois at Urbana-Champaign*
|
||||
No longer grounds for a computer file search
|
||||
case/ncsa.email
|
||||
news/cafv02n33:<1992Jun2.011050.15719@m.cs.uiuc.edu>
|
||||
|
||||
+ No Changes Reported:
|
||||
|
||||
Any computer files at *Boston University* that anyone else finds
|
||||
offensive or annoying
|
||||
The rules at Boston University prohibit a computer user from "making
|
||||
accessible offensive [or] annoying ... material".
|
||||
news/cafv01n10
|
||||
|
||||
All rude articles at *Iowa State University*
|
||||
On-line rudeness is prohibited by Iowa State computer policy. A
|
||||
student was reprimanded for posting a rude article to the net.
|
||||
news/cafv01n38
|
||||
news/cafv02n23:<1992Apr2.174625.23219@eff.org>
|
||||
|
||||
All email containing "offensive" material at *James Madison University*
|
||||
news/cafv01n39
|
||||
|
||||
The alt.sex.* hierarchy on PSUVM, the main general purpose computer at
|
||||
*Pennsylvania State University*
|
||||
news/cafv01n34
|
||||
|
||||
All offensive messages at *University of Newcastle*
|
||||
news/cafv01n39
|
||||
|
||||
All email or Netnews articles that "bring discredit" to the *University
|
||||
of Texas* or its Computer Science Department"
|
||||
news/cafv01n37
|
||||
|
||||
The alt.sex newsgroup at the *University of Toledo*
|
||||
batch/oct_06_1991
|
||||
|
||||
More than a dozen newsgroups, including alt.sex, at *Western Washington
|
||||
University*
|
||||
They were removed from Western Washington University on the order of
|
||||
one person, the Vice Provost for "information and communication".
|
||||
Alt.sex remains at the *University of Washington*, but other
|
||||
newsgroups were removed right before a negative article was printed
|
||||
in the Seattle _Post Intelligencer_.
|
||||
news/cafv01n33
|
||||
news/cafv01n36
|
||||
news/cafv01n35
|
||||
news/cafv01n41
|
||||
|
||||
========= How to get more information about an incident =========
|
||||
|
||||
Following each item in the list above is one or more references.
|
||||
For example:
|
||||
news/cafv02n11:<9202161945.AA24863@bsu-cs.bsu.edu>
|
||||
news/cafv01n10
|
||||
policies/virginia.pen.edu
|
||||
cases/wlu.ca
|
||||
batch/oct_06_1991
|
||||
|
||||
In the first example, "news/cafv02n11" is the name of a file and
|
||||
"<9202161945.AA24863@bsu-cs.bsu.edu>" is a message-id within the file.
|
||||
The other example references consist of just file names. If a
|
||||
reference includes a message-id, retrieved the named file first, then
|
||||
edit it and do a text search for that message-id.
|
||||
|
||||
The files are available by anonymous ftp (the preferred method) and by
|
||||
email. To get the files via ftp, do an anonymous ftp to ftp.eff.org
|
||||
(192.88.144.4), and "get" the files.
|
||||
|
||||
For example:
|
||||
|
||||
get pub/academic/news/cafv02n11
|
||||
get pub/academic/news/cafv01n10
|
||||
get pub/academic/policies/virginia.pen.edu
|
||||
get pub/academic/cases/wlu.ca
|
||||
get pub/academic/batch/oct_06_1991
|
||||
|
||||
To get the files by email, send email to archive-server@eff.org.
|
||||
For the files in the example, the email should contain the lines:
|
||||
|
||||
send acad-freedom/news cafv02n11
|
||||
send acad-freedom/news cafv01n10
|
||||
send acad-freedom/policies virginia.pen.edu
|
||||
send acad-freedom/cases wlu.ca
|
||||
send acad-freedom/batch oct_06_1991
|
||||
|
||||
========== Other Information of Possible Interest ===========
|
||||
|
||||
All these documents are available on-line. Access information follows.
|
||||
|
||||
=================
|
||||
caf
|
||||
=================
|
||||
A description to the comp-academic-freedom-talk mailing list. It is a
|
||||
free-forum for the discussion of questions such as: How should general
|
||||
principles of academic freedom (such as freedom of expression, freedom
|
||||
to read, due process, and privacy) be applied to university computers
|
||||
and networks? How are these principles actually being applied? How can
|
||||
the principles of academic freedom as applied to computers and
|
||||
networks be defended?
|
||||
|
||||
=================
|
||||
banned.1991
|
||||
=================
|
||||
A list of computer material that was banned at universities during (or
|
||||
before) 1991. It summarizes incidents and policies at Ohio State U.,
|
||||
the U. of Illinois (two campuses), Case Western U., Boston U., U. of
|
||||
Waterloo, U. of Toledo, Western Washington U., Iowa State U.,
|
||||
Pennsylvania State U., U. of Texas, U. of Newcastle, James Madison U.,
|
||||
U. of Wisconsin, and others.
|
||||
|
||||
=================
|
||||
statements/caf-statement
|
||||
=================
|
||||
This is an attempt to codify the application of academic freedom to
|
||||
academic computers. It reflects our seven months of on-line discussion
|
||||
about computers and academic freedom. It covers free expression, due
|
||||
process, privacy, and user participation.
|
||||
|
||||
Comments and suggestions are very welcome (especially when posted to
|
||||
CAF-talk). All the documents referenced are available on-line.
|
||||
(Critiqued).
|
||||
|
||||
=================
|
||||
statements/caf-statement.critique
|
||||
=================
|
||||
This is a critique of an attempt to codify the application of academic
|
||||
freedom to academic computers. It reflects our seven months of on-line
|
||||
discussion about computers and academic freedom. It covers free
|
||||
expression, due process, privacy, and user participation.
|
||||
|
||||
Additional comments and suggestions are very welcome (especially when
|
||||
posted to CAF-talk). All the documents referenced are available
|
||||
on-line.
|
||||
|
||||
=================
|
||||
faq/netnews.reading
|
||||
=================
|
||||
q: Should my university remove (or restrict) Netnews newsgroups
|
||||
because some people find them offensive? If it doesn't have the
|
||||
resources to carry all newsgroups, how should newsgroups be selected?
|
||||
|
||||
=================
|
||||
faq/netnews.writing
|
||||
=================
|
||||
q: Should my university allow students to post to Netnews?
|
||||
|
||||
=================
|
||||
faq/netnews.liability
|
||||
=================
|
||||
q: Does a University reduce its likely liability by screening Netnews
|
||||
for offensive articles and newsgroups?
|
||||
|
||||
=================
|
||||
faq/censorship-and-harassment
|
||||
=================
|
||||
q: Must/should universities ban material that some find offensive
|
||||
(from Netnews facilities, email, libraries, and student publications,
|
||||
etc) in order to comply with antiharassment laws?
|
||||
|
||||
=================
|
||||
faq/media.control
|
||||
=================
|
||||
q: Since freedom of the press belongs to those who own presses, a
|
||||
public university can do anything it wants with the media that it
|
||||
owns, right?
|
||||
|
||||
=================
|
||||
faq/policy
|
||||
=================
|
||||
q: What guidance is there for creating or evaluating a computer policy?
|
||||
|
||||
=================
|
||||
library/bill-of-rights.ala
|
||||
=================
|
||||
The Library Bill of Rights from the American Library Association.
|
||||
|
||||
=================
|
||||
library/diversity.ala
|
||||
=================
|
||||
"Diversity in Collection Development"
|
||||
|
||||
An interpretation by the American Library Association of the "Library
|
||||
Bill of Rights"
|
||||
|
||||
It says that collections should be inclusive, not exclusive. And that
|
||||
materials should cover the needs and interest of all patrons. "This
|
||||
includes materials that reflect political, economic, religious,
|
||||
social, minority, and sexual issues."
|
||||
|
||||
=================
|
||||
academic/speech-codes.aaup
|
||||
=================
|
||||
On Freedom of Expression and Campus Speech Codes Expression - An
|
||||
official statement of the American Association of University
|
||||
Professors (AAUP)
|
||||
|
||||
It says in part: "On a campus that is free and open, no idea can be
|
||||
banned or forbidden. No viewpoint or message may be deemed so hateful
|
||||
or disturbing that it may not be expressed."
|
||||
|
||||
=================
|
||||
academic/student.freedoms.aaup
|
||||
=================
|
||||
Joint Statement on Rights and Freedoms of Students -- This is the main
|
||||
U.S. statement on student academic freedom.
|
||||
|
||||
=================
|
||||
law/uwm-post-v-u-of-wisconsin
|
||||
=================
|
||||
The full text of UWM POST v. U. of Wisconsin. This recent district
|
||||
court ruling goes into detail about the difference between protected
|
||||
offensive expression and illegal harassment. It even mentions email.
|
||||
|
||||
It concludes: "The founding fathers of this nation produced a
|
||||
remarkable document in the Constitution but it was ratified only with
|
||||
the promise of the Bill of Rights. The First Amendment is central to
|
||||
our concept of freedom. The God-given "unalienable rights" that the
|
||||
infant nation rallied to in the Declaration of Independence can be
|
||||
preserved only if their application is rigorously analyzed.
|
||||
|
||||
The problems of bigotry and discrimination sought to be addressed here
|
||||
are real and truly corrosive of the educational environment. But
|
||||
freedom of speech is almost absolute in our land and the only
|
||||
restriction the fighting words doctrine can abide is that based on the
|
||||
fear of violent reaction. Content-based prohibitions such as that in
|
||||
the UW Rule, however well intended, simply cannot survive the
|
||||
screening which our Constitution demands."
|
||||
|
||||
|
||||
=================
|
||||
=================
|
||||
|
||||
These document(s) are available by anonymous ftp (the preferred
|
||||
method) and by email. To get the file(s) via ftp, do an anonymous ftp
|
||||
to ftp.eff.org (192.88.144.4), and get file(s):
|
||||
|
||||
pub/academic/caf
|
||||
pub/academic/banned.1991
|
||||
pub/academic/statements/caf-statement
|
||||
pub/academic/statements/caf-statement.critique
|
||||
pub/academic/faq/netnews.reading
|
||||
pub/academic/faq/netnews.writing
|
||||
pub/academic/faq/netnews.liability
|
||||
pub/academic/faq/censorship-and-harassment
|
||||
pub/academic/faq/media.control
|
||||
pub/academic/faq/policy
|
||||
pub/academic/library/bill-of-rights.ala
|
||||
pub/academic/library/diversity.ala
|
||||
pub/academic/academic/speech-codes.aaup
|
||||
pub/academic/academic/student.freedoms.aaup
|
||||
pub/academic/law/uwm-post-v-u-of-wisconsin
|
||||
|
||||
To get the file(s) by email, send email to archive-server@eff.org.
|
||||
Include the line(s) (be sure to include the space before the file
|
||||
name):
|
||||
|
||||
send acad-freedom caf
|
||||
send acad-freedom banned.1991
|
||||
send acad-freedom/statements caf-statement
|
||||
send acad-freedom/statements caf-statement.critique
|
||||
send acad-freedom/faq netnews.reading
|
||||
send acad-freedom/faq netnews.writing
|
||||
send acad-freedom/faq netnews.liability
|
||||
send acad-freedom/faq censorship-and-harassment
|
||||
send acad-freedom/faq media.control
|
||||
send acad-freedom/faq policy
|
||||
send acad-freedom/library bill-of-rights.ala
|
||||
send acad-freedom/library diversity.ala
|
||||
send acad-freedom/academic speech-codes.aaup
|
||||
send acad-freedom/academic student.freedoms.aaup
|
||||
send acad-freedom/law uwm-post-v-u-of-wisconsin
|
||||
159
textfiles.com/politics/batf-not.txt
Normal file
159
textfiles.com/politics/batf-not.txt
Normal file
@@ -0,0 +1,159 @@
|
||||
From _American Firearms Industry_, September 1993
|
||||
|
||||
BATF and the Night of Terror
|
||||
|
||||
by Bob Lesmeister
|
||||
|
||||
Bold face: "What are you doing in my house? Get out of my house!"
|
||||
|
||||
This is what Janice Hart screamed as she witnessed agents of the Bureau
|
||||
of Alcohol, Tobacco, & Firearms (BATF) literally tearing her home apart.
|
||||
What had Janice Hart done to have her house destroyed? NOTHING. BATF had the
|
||||
wrong house and the wrong suspect. In what has become the rule instead of
|
||||
the exception, BATF agents blatantly and knowingly violated Hart's 1st, 2nd,
|
||||
3rd, 4th, 5th, 6th Amendment rights. In addition, agents once again
|
||||
forcefully abused children in the "pursuit of their duties."
|
||||
|
||||
As related by Margie Boule in the Washington OREGONIAN, in the evening of
|
||||
February 5th Janet [sic] Hart had just returned home to her house outside of
|
||||
Portland, Oregon, from the grocery store with her two young daughters when
|
||||
she noticed law enforcement agents swarming in and out of her home. Little
|
||||
did she realize that they had literally torn the inside of her house apart
|
||||
in the search for guns that didn't exist. When she stormed up to the side
|
||||
door (it had been torn off its hinges and then nailed back on) demanding an
|
||||
answer a BATF agent yanked her inside telling her she was going to jail. In
|
||||
typical BATF fashion, Hart was not informed of the charges against her, she
|
||||
was not read her rights, nor was she allowed to see after her children.
|
||||
|
||||
The children were terrified. Both daughters heard the BATF agent say Mrs.
|
||||
Hart was headed for jail and they became horrified. As Hart's daughter told
|
||||
THE OREGONIAN, "I was crying. They (BATF agents) say, 'Shut up and get back
|
||||
in the car.' So, I put up my knee like to get out, and he shut the door on
|
||||
my knee." BATF may call this act of child abuse an "accident" or something
|
||||
that happened in "the heat of confrontation" but the truth is, agents have
|
||||
been engaging in this sort of behavior since the inception of the BATF as a
|
||||
bureau. The most blatant case being the storming of the Branch Davidian
|
||||
compound with automatic weapons, knowing full well that children would be
|
||||
caught in the crossfire. Another incident was the case of Del and Melisa
|
||||
Knudson. During a raid on the Knudson home (no illegal firearms were found),
|
||||
Mrs. Knudson was handcuffed and forced to leave her 21-month old daughter
|
||||
unattended in a bathtub. Luckily, the baby didn't drown. Evidently, the
|
||||
agents were not concerned with the baby's welfare nor that of the parents.
|
||||
|
||||
As the daughters were being held outside the home, Hart was forced
|
||||
inside. In what must have seemed like a scene from a Gestapo raid in Nazi
|
||||
Germany, Janice Hart witnessed the destruction of her personal property by
|
||||
the "secret police." As she related to THE OREGONIAN, "I'm screaming, 'Oh my
|
||||
God, what are you doing to my house?' They told me to shut up. They said I
|
||||
could talk later. And they kept saying, 'You're going to prison, Janice.'
|
||||
The whole house was totally destroyed."
|
||||
|
||||
BATF agents in the kitchen were throwing plates and dishes on the floor.
|
||||
In the bedroom agents were ripping clothes off hangers and dumping them on
|
||||
the floor. Dresser drawers were overturned and strewn all about. Hart's life
|
||||
was terrorized, her children were abused, her house destroyed, and her
|
||||
personal belongings ravaged. During the Gestapo-style raid, while Mrs. Hart
|
||||
was in custody, BATF agents did not bother to insure that Hart was indeed
|
||||
the subject of their warrant. They simply didn't bother to check. And what's
|
||||
worse, when it was obvious the had the wrong person, they continued to
|
||||
terrorize Hart and her family.
|
||||
|
||||
In a complete violation of Hart's civil and constitutional rights, BATF
|
||||
agents herded her into the basement of the house and interrogated her. Like
|
||||
a scene from some cheap detective move, agents gave her the "third degree."
|
||||
|
||||
"There's about eight of them down there," she told the OREGONIAN, "and
|
||||
they're asking my over and over my name, my Social Security number, my
|
||||
birthdate. On and on, over and over. And I'm saying, 'What did I do?'"
|
||||
|
||||
Hart was forced to answer questions for over an hour before she was read
|
||||
her rights and then agents refused to allow her to call an attorney, both
|
||||
serious violations of Hart's Constitutional rights knowingly violated by
|
||||
BATF. George Kim, main investigator, should have known better. The person
|
||||
cited in the warrant was Janice Marie Harrell, who had used "Hart" as an
|
||||
alias, but that's where the similarity ends. The Janice the BATF was in
|
||||
search of had a scar on her face. Janice Hart did not. Harrell was a street
|
||||
woman, while Hart was a working-class homeowner with two children. Hart's
|
||||
eyes were a different color than Harrell's, her hair was different and she
|
||||
was heavier than the real suspect. There was nothing in Hart's background or
|
||||
physical appearance that matched Janice Marie Harrell.
|
||||
|
||||
"They pulled up my sleeves, looking for scars," said Hart. Of course,
|
||||
they weren't there. "I say, 'How do I remove scars? Scars don't disappear.'
|
||||
That's when he (Kim) started getting this expression on his face like 'I
|
||||
think I messed up.' But of course, they don't admit that to you."
|
||||
|
||||
So, when it's obvious that Agent Kim and his bumbling agents have the
|
||||
wrong person, do they release Hart? No, they arrest her. They read Hart her
|
||||
rights and take her to the Portland slammer. It was at the Portland police
|
||||
station when things finally turned around. The Portland police, professional
|
||||
and conscientious, treated Hart as a person, without intimidation and
|
||||
threats. Immediately upon being fingerprinted, they released her because it
|
||||
was obvious that Kim and his Keystone Cops had arrested the wrong person. It
|
||||
took Portland police 30 seconds to recognize that Janice Hart was not Janice
|
||||
Harrell and they released her, while Kim and his agents were standing nearby
|
||||
scratching their heads.
|
||||
|
||||
OREGONIAN reporter, Margie Boule recounted Hart's story for local
|
||||
Portland BATF resident agent in charge, Pete McLouth and he basically said
|
||||
that his agents did indeed pick up the wrong person. He couldn't deny it
|
||||
because Harrell was picked up shortly after the terrorist raid on Hart's
|
||||
home. That's about all he said, however, because McLouth took the standard
|
||||
BATF line of "I can't talk about it because it's an ongoing investigation."
|
||||
|
||||
The search warrants used by the BATF in the Hart case were much like the
|
||||
ones used in the Branch Davidian case. Someone, with hearsay knowledge,
|
||||
tipped BATF off. There was no evidence that Janice Hart was Janice Harrell
|
||||
and absolutely no evidence or even the slightest indication that Hart was
|
||||
illegally dealing firearms.
|
||||
|
||||
The raid was conducted simply because of one person's gossip. Even though
|
||||
Janice Hart no longer faces criminal charges, she is still feeling the
|
||||
harassment of BATF. She now suffers both sleep and eating disorders. She and
|
||||
her older daughter visit a psychiatrist to deal with the stress and her
|
||||
4-year-old daughter has had related problems in school. Added to that,
|
||||
Hart's neighbors are no longer the friendly sort. To them, Hart is still a
|
||||
criminal subject of a police raid.
|
||||
|
||||
What is evident once again from this raid is the fact that BATF agents
|
||||
did not feel that violent behavior, destruction of property, violation of
|
||||
rights and child abuse would be challenged. It shows once again that silence
|
||||
from the top, read that to mean BATF Director Stephen Higgins' office, is
|
||||
taken as a green light to commit atrocities in the name of the law. Director
|
||||
Higgins is well aware that violations are being committed on a daily basis
|
||||
by his agents, yet he has done nothing and continues to do nothing about it.
|
||||
He once again has proved himself to be an eneffectual and incompetent law
|
||||
enforcement officer. Over the past year it has been shown that sexual
|
||||
harrassment and intimidation even within the ranks of the BATF has gone
|
||||
unabated and violent terrorist raids on innocent citizens continue at an
|
||||
alarming rate. This continues because the Director allows it. One word or
|
||||
one directive from Higgins could prevent future Constitutional and civil
|
||||
rights violations by BATF agents, but so far, he denies there is a problem.
|
||||
Unless citizens get involved and pressure the White House to appoint a
|
||||
professional person with integrity and respect for the Bill of Rights to
|
||||
head BATF, the abuses will continue.
|
||||
|
||||
Tom Cloyd, writing an editorial to THE OREGONIAN in response to the raid,
|
||||
sums it up best. "But the horror and violence go even beyond this, for child
|
||||
abuse was apparently involved in this case. Three children, ages 12, 9 and 4
|
||||
were in the car when Hart arrived home to find it being trashed by federal
|
||||
agents. The children had to watch this act of incomprehensible violence and
|
||||
the 12-year-old was physically abused when and agent closed a door on her
|
||||
leg to keep her from getting out of the car. I hope others will join with me
|
||||
in demanding that federal law enforcement agents of all sorts be briefed on
|
||||
the Bill of Rights, be held accountable to the public for their actions and
|
||||
be prosecuted when they take our society's legitimate and law-driven pursuit
|
||||
of justice into their own hands."
|
||||
|
||||
Unfortunately, it seems that Director Higgins is unconcerned with the
|
||||
Bill of Rights as he permits his agents to violate the law time and again
|
||||
without censure or reprimand. I try hard not to draw parallels to the
|
||||
Gestapo of the 1930's and 40's and Stalin's ruthless NKVD, but breaking down
|
||||
of doors, the destruction of property, illegal interrogations etc. of
|
||||
innocent people by BATF are so close to "secret police" tactics that they
|
||||
could be right out of the KGB manual. Russia's first secret police was
|
||||
formed by Ivan the Terrible in 1565 and they were every bit as cruel as
|
||||
their descendants in the Cheka and the KGB. French biographer and historian
|
||||
Henri Troyat describes some of Ivan's secret police tactics: "Husbands were
|
||||
tortured in front of wives, mothers in front of children." I'm sure
|
||||
12-year-old Nina Hart and 4-year-old Randi Hart know the feeling.
|
||||
46
textfiles.com/politics/bbs-olt.txt
Normal file
46
textfiles.com/politics/bbs-olt.txt
Normal file
@@ -0,0 +1,46 @@
|
||||
|
||||
Reprinted from: Compuserve's Online Today
|
||||
|
||||
FEDERAL PRIVACY SUIT AGAINST BBS OPERATOR (March 26)
|
||||
|
||||
An electronic bulletin board system user has filed a $112,000 lawsuit
|
||||
against a BBS and its system operator claiming that the sysop did not properly
|
||||
safeguard private electronic mail. The lawsuit could prove to be a landmark
|
||||
since a court ruling would be the first one handed down under the federal
|
||||
Electronic Communications Privacy Act of 1986. The ECPA mandates privacy
|
||||
protection of electronic communications, including the electronic mail found
|
||||
on commercial services and bulletin board systems.
|
||||
Linda Thompson filed a pro se complaint in the US District Court for the
|
||||
Southern District of Indiana. The civil action alleges that Bob Predaina,
|
||||
doing business as the Professional's Choice Bulletin Board, violated federal
|
||||
or Indiana state law on 10 counts.
|
||||
According to the complaint obtained by Online Today, during December of 1987,
|
||||
Predaina allowed others to access and view the contents of all electronic
|
||||
communications in a private message portion of the subscription BBS.
|
||||
Previously deleted private messages were also restored so that others could
|
||||
read them. Apparently, Thompson`s private e-mail was among the messages made
|
||||
available to others.
|
||||
Again, in January, 1988, the sysop "intentionally or recklessly intercepted
|
||||
and restored to the public portion of the board," a private message of
|
||||
Thompson's that she had previously deleted. In subsequent action, the sysop
|
||||
denied Thompson access to the board even though she had paid one year
|
||||
subscription to the BBS. When Thompson requested that the sysop refrain from
|
||||
actions that "were contrary to the law," Predaina refused.
|
||||
The last two counts of the complaint could be the most damaging and state
|
||||
that on January 6, the sysop "intentionally, maliciously or with reckless
|
||||
disregard for the truth, made statements which on their face are damaging to
|
||||
the professional and personal reputation of [Thompson] in public and to another
|
||||
person, subjecting the Petitioner to humiliation, personal anguish and
|
||||
ridicule." In the suit, Predaina is charged with making similar statements in
|
||||
the form of publicly posted BBS messages.
|
||||
Predaina did not respond to phone calls from Online Today for a reaction to
|
||||
the lawsuit. However, callers to Predaina's BBS are greeted with a public
|
||||
apology to Thompson.
|
||||
"Generally sysops are good at policing themselves and their boards," Thompson
|
||||
told Online Today. "The reason for the lawsuit was that there apparently was
|
||||
going to be no resolution between [Predaina and myself]. I think that if you
|
||||
have a board that has a facility for private mail, you have a right to expect
|
||||
that private mail stays private and is not spread all over."
|
||||
|
||||
--James Moran
|
||||
|
||||
28
textfiles.com/politics/bbsefct.txt
Normal file
28
textfiles.com/politics/bbsefct.txt
Normal file
@@ -0,0 +1,28 @@
|
||||
|
||||
This file contains a short article on the impact one Bulletin Board
|
||||
system (BBS) can have in the local enviroment. Be sure to read if you
|
||||
are a SYSOP or travel the bulletin boards.
|
||||
THE IMPACT BULLETIN BOARD SYSTEMS AND LOCAL INFORMATION EXCHANGE
|
||||
SYSTEMS CAN HAVE ON THE POLITICAL PROCESS.
|
||||
The following message was left by Fred McCamic on the RECYCLENET Bulletin
|
||||
board in New Jersey, Jan 85.
|
||||
Do you wonder what difference a computer bulletin board could make? Beg,
|
||||
borrow or steal the March 1985 issue of "Whole Earth Review", turn to
|
||||
page 89, and read "The Neighborhood ROM": Computer Aided Local Politics".
|
||||
It's an interview of Dave Hughes, a retired U.S. Army Colonel who runs a
|
||||
bulletin board in Colorado Springs.
|
||||
Two years ago, it seems, Hughes spotted a small legal notice regarding
|
||||
an ordinance that would have regulated working at home. He attended the
|
||||
planning commission meeting, and was alone in speaking against the ordinance.
|
||||
The commission agreed to table the ordinance for 30 days, during which time
|
||||
he posted the text on his BBS, and wrote just two letters to editors
|
||||
suggesting that people could dial his BBS. In the next 10 days, over 250
|
||||
people called the board.
|
||||
Some 175 aroused citizens attended the next city council meeting. At least
|
||||
one person submitted revised ordinance text to the BBS. The planning board
|
||||
made four successive revisions of the ordinance; each one was posted on the
|
||||
BBS. When the final version came up for a vote, no one had anything to say
|
||||
-it had already been said on the BBS.
|
||||
ed on the
|
||||
BBS. When the final version came up for a vote, no one had anything to say
|
||||
-it had already been
|
||||
157
textfiles.com/politics/bbsvslaw.txt
Normal file
157
textfiles.com/politics/bbsvslaw.txt
Normal file
@@ -0,0 +1,157 @@
|
||||
|
|
||||
| From: MIKE SWARTZBECK Refer#: NONE
|
||||
| To: ALL Recvd: NO
|
||||
| Subj: Rodney King beaten AGAIN! Conf: (160) ANEWS
|
||||
| from Computer Underground Digest, 12.03.92:
|
||||
| Date: 02 Dec 92 11:49:08 EST
|
||||
| From: David Lehrer <71756.2116@COMPUSERVE.COM>
|
||||
| Subject: File 8--Akron BBS trial update!
|
||||
|
|
||||
| Akron BBS trial update: Dangerous precedents in sysop prosecution
|
||||
|
|
||||
| You may already know about the BBS 'sting' six months ago in Munroe
|
||||
| Falls, OH for "disseminating matter harmful to juveniles." Those
|
||||
| charges were dropped for lack of evidence. Now a trial date of 1/4/93
|
||||
| has been set after new felony charges were filed, although the
|
||||
| pretrial hearing revealed no proof that *any* illegal content ever
|
||||
| went out over the BBS, nor was *any* found on it.
|
||||
|
|
||||
| For those unfamiliar with the case, here's a brief summary to date.
|
||||
| In May 1992 someone told Munroe Falls police they *thought* minors
|
||||
| could have been getting access to adult materials over the AKRON
|
||||
| ANOMALY BBS. Police began a 2-month investigation. They found a small
|
||||
| number of adult files in the non-adult area.
|
||||
|
|
||||
| The sysop says he made a clerical error, causing those files to be
|
||||
| overlooked. Normally adult files were moved to a limited-access area
|
||||
| with proof of age required (i.e. photostat of a drivers license).
|
||||
|
|
||||
| Police had no proof that any minor had actually accessed those files
|
||||
| so police logged onto the BBS using a fictitious account, started a
|
||||
| download, and borrowed a 15-year old boy just long enough to press the
|
||||
| return key. The boy had no knowledge of what was going on.
|
||||
|
|
||||
| Police then obtained a search warrant and seized Lehrer's BBS system.
|
||||
| Eleven days later police arrested and charged sysop Mark Lehrer with
|
||||
| "disseminating matter harmful to juveniles," a misdemeanor usually
|
||||
| used on bookstore owners who sell the wrong book to a minor. However,
|
||||
| since the case involved a computer, police added a *felony* charge of
|
||||
| "possession of criminal tools" (i.e. "one computer system").
|
||||
|
|
||||
| Note that "criminal tool" statutes were originally intended for
|
||||
| specialized tools such as burglar's tools or hacking paraphenalia used
|
||||
| by criminal 'specialists'. The word "tool" implies deliberate use to
|
||||
| commit a crime, whereas the evidence shows (at most) an oversight.
|
||||
| This raises the Constitutional issue of equal protection under the law
|
||||
| (14'th Amendment). Why should a computer hobbyist be charged with a
|
||||
| felony when anyone else would be charged with a misdemeanor?
|
||||
|
|
||||
| At the pretrial hearing, the judge warned the prosecutor that they'd
|
||||
| need "a lot more evidence than this" to convict. However the judge
|
||||
| allowed the case to be referred to a Summit County grand jury, though
|
||||
| there was no proof the sysop had actually "disseminated", or even
|
||||
| intended to disseminate any adult material "recklessly, with knowledge
|
||||
| of its character or content", as the statute requires. Indeed, the
|
||||
| sysop had a long history of *removing* such content from the non-adult
|
||||
| area whenever he became aware of it. This came out at the hearing.
|
||||
|
|
||||
| The prosecution then went on a fishing expedition. According to the
|
||||
| Cleveland Plain Dealer (7/21/92)
|
||||
|
|
||||
| "[Police chief] Stahl said computer experts with the Ohio Bureau
|
||||
| of Criminal Identification and Investigation are reviewing the
|
||||
| hundreds of computer files seized from Lehrer's home. Stahl said it's
|
||||
| possible that some of the games and movies are being accessed in
|
||||
| violation of copyright laws."
|
||||
|
|
||||
| Obviously the police believe they have carte blanche to search
|
||||
| unrelated personal files, simply by lumping all the floppies and files
|
||||
| in with the computer as a "criminal tool." That raises Constitutional
|
||||
| issues of whether the search and seizure was legal. That's a
|
||||
| precedent which, if not challenged, has far-reaching implications for
|
||||
| *every* computer owner.
|
||||
|
|
||||
| Also, BBS access was *not* sold for money, as the Cleveland Plain
|
||||
| Dealer reports. The BBS wasn't a business, but rather a free community
|
||||
| service, running on Lehrer's own computer, although extra time on the
|
||||
| system could be had for a donation to help offset some of the
|
||||
| operating costs. 98% of data on the BBS consists of shareware
|
||||
| programs, utilities, E-mail, etc.
|
||||
|
|
||||
| The police chief also stated:
|
||||
|
|
||||
| "I'm not saying it's obscene because I'm not getting into that
|
||||
| battle, but it's certainly not appropriate for kids, especially
|
||||
| without parental permission," Stahl said.
|
||||
|
|
||||
| Note the police chief's admission that obscenity wasn't an issue at
|
||||
| the time the warrant was issued.
|
||||
|
|
||||
| Here the case *radically* changes direction. The charges above were
|
||||
| dropped. However, while searching the 600 floppy disks seized along
|
||||
| with the BBS, police found five picture files they think *could* be
|
||||
| depictions of borderline underage women; although poor picture quality
|
||||
| makes it difficult to tell.
|
||||
|
|
||||
| The sysop had *removed* these unsolicited files from the BBS hard
|
||||
| drive after a user uploaded them. However the sysop didn't think to
|
||||
| destroy the floppy disk backup, which was tossed into a cardboard box
|
||||
| with hundreds of others. This backup was made before he erased the
|
||||
| files off the hard drive.
|
||||
|
|
||||
| The prosecution, lacking any other charges that would stick, is using
|
||||
| these several floppy disks to charge the sysop with two new second-degree
|
||||
| felonies, "Pandering Obscenity Involving A Minor", and
|
||||
| "Pandering Sexually Oriented Matter Involving A Minor" (i.e. kiddie
|
||||
| porn, prison sentence of up to 25 years).
|
||||
|
|
||||
| The prosecution produced no evidence the files were ever "pandered".
|
||||
| There's no solid expert testimony that the pictures depict minors. All
|
||||
| they've got is the opinion of a local pediatrician. All five pictures
|
||||
| have such poor resolution that there's no way to tell for sure to what
|
||||
| extent makeup or retouching was used. A digitized image doesn't have
|
||||
| the fine shadings or dot density of a photograph, which means there's
|
||||
| very little detail on which to base an expert opinion. The
|
||||
| digitization process also modifies and distorts the image during
|
||||
| compression.
|
||||
|
|
||||
| The prosecutor has offered to plea-bargain these charges down to
|
||||
| "possession" of child porn, a 4th degree felony sex crime punishable
|
||||
| by one year in prison. The sysop refuses to plead guilty to a sex
|
||||
| crime. Mark Lehrer had discarded the images for which the City of
|
||||
| Munroe Falls adamantly demands a felony conviction. This means the
|
||||
| first "pandering" case involving a BBS is going to trial in *one*
|
||||
| month, Jan 4th.
|
||||
|
|
||||
| The child porn statutes named in the charges contain a special
|
||||
| exemption for libraries, as does the original "dissemination to
|
||||
| juveniles" statute (ORC # 2907.321 & 2). The exemption presumably
|
||||
| includes public and privately owned libraries available to the public,
|
||||
| and their disk collections. This protects library owners when an adult
|
||||
| item is misplaced or loaned to a minor. (i.e. 8 year olds can rent
|
||||
| R-rated movies from a public library).
|
||||
|
|
||||
| Yet although this sysop was running a file library larger than a small
|
||||
| public library, he did not receive equal protection under the law, as
|
||||
| guaranteed by the 14th Amendment. Neither will any other BBS, if this
|
||||
| becomes precedent. The 'library defense' was allowed for large
|
||||
| systems in Cubby versus CompuServe, based on a previous obscenity case
|
||||
| (Smith vs. California), in which the Supreme Court ruled it generally
|
||||
| unconstitutional to hold bookstore owners liable for content, because
|
||||
| that would place an undue burden on bookstores to review every book
|
||||
| they carry, thereby 'chilling' the distribution of books and
|
||||
| infringing the First Amendment.
|
||||
|
|
||||
| If the sysop beats the bogus "pandering" charge, there's still
|
||||
| "possession", even though he was *totally unaware* of what was on an
|
||||
| old backup floppy, unsolicited in the first place, found unused in a
|
||||
| cardboard box. "Possession" does not require knowledge that the person
|
||||
| depicted is underage. The law presumes anyone in possession of such
|
||||
| files must be a pedophile. The framers of the law never anticipated
|
||||
| sysops, or that a sysop would routinely be receiving over 10,000 files
|
||||
| from over 1,000 users.
|
||||
| _______________________
|
||||
|
|
||||
| One comment: If a computer is a 'criminal tool' my local
|
||||
| public library and most of the schools in this area are in -BIG-
|
||||
| trouble...
|
||||
1640
textfiles.com/politics/betrayed.txt
Normal file
1640
textfiles.com/politics/betrayed.txt
Normal file
File diff suppressed because it is too large
Load Diff
1950
textfiles.com/politics/beverley.txt
Normal file
1950
textfiles.com/politics/beverley.txt
Normal file
File diff suppressed because it is too large
Load Diff
250
textfiles.com/politics/beyondwr.hum
Normal file
250
textfiles.com/politics/beyondwr.hum
Normal file
@@ -0,0 +1,250 @@
|
||||
|
||||
"The unleashed power of the atom has changed everything save our modes
|
||||
of thinking and we thus drift toward unparalleled catastrophe."
|
||||
Albert Einstein, 1946
|
||||
|
||||
The development, deployment and use of nuclear weapons have
|
||||
forever altered our environment. For the first time, a species
|
||||
has the capability of destroying itself and its life support
|
||||
system. Our thinking, however, has not yet caught up with that
|
||||
reality. In order to survive, we must change our mode of
|
||||
thinking. This change requires knowledge, decision, and action.
|
||||
|
||||
I. KNOWLEDGE
|
||||
|
||||
A. War is Obsolete
|
||||
|
||||
Throughout recorded history, war has been used to acquire, to
|
||||
defend, to expand, to impose, to preserve. War has been the
|
||||
ultimate arbiter of differences between nations. War and the
|
||||
preparation for war have become intrinsic to human culture. Now
|
||||
we must accept the reality that war has become obsolete.
|
||||
|
||||
* We cannot fight a full-scale nuclear war. A full-scale nuclear
|
||||
war would destroy civilization as we know it and would threaten
|
||||
life itself.
|
||||
|
||||
* We cannot fight a limited nuclear war. Detonation of even a
|
||||
small percentage of the world's nuclear arsenals could trigger a
|
||||
"nuclear winter" and could cause the extinction of humanity. It
|
||||
is also highly probable that a limited nuclear war would escalate
|
||||
to a full-scale nuclear war.
|
||||
|
||||
* We cannot fight a conventional war among the superpowers. Such
|
||||
a war would likely escalate to a nuclear war.
|
||||
|
||||
* We cannot fight a conventional war among the non-superpowers
|
||||
without potentially involving the superpowers. The growing
|
||||
interdependence of nations has produced a network of "vital
|
||||
interests" that the superpowers have pledged to defend. This
|
||||
defense could, in turn, escalate through conventional war to
|
||||
nuclear war.
|
||||
|
||||
Today, because war has become obsolete, we must learn to resolve
|
||||
conflict without violence.
|
||||
|
||||
|
||||
|
||||
B. We are One
|
||||
|
||||
"Once a photograph of the earth, taken from the outside, is available...
|
||||
a new idea as powerful as any in history will let loose."
|
||||
Sir Fred Hoyle, 1948
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
The view of the earth from space is a symbol of the
|
||||
interconnectedness of all life. This symbol of oneness is
|
||||
validated by a variety of scientific discoveries of the last
|
||||
century.
|
||||
|
||||
* Physics demonstrates that nothing exists in isolation. All of
|
||||
matter, from sub-atomic particles to the galaxies in space, is
|
||||
part of an intricate web of relationships in a unified whole.
|
||||
|
||||
* Ecology provides the understanding that all parts of a living
|
||||
system are interconnected and that greater stability results from
|
||||
increased diversity.
|
||||
|
||||
* Biology reveals that, in a totally interrelated system, the
|
||||
principle of survival of the "fittest" is now seen as that
|
||||
species which best contributes to the well-being of the whole
|
||||
system.
|
||||
|
||||
* Psychology explains the projection of the dark side of the
|
||||
personality upon an "enemy." That knowledge gives us new tools
|
||||
to understand conflict and to improve relationships between
|
||||
individuals and between nations.
|
||||
|
||||
Together these discoveries reveal in a new way the meaning of
|
||||
"One." We are one interconnected, interdependent life-system,
|
||||
living on one planet.
|
||||
|
||||
|
||||
C. The New Mode of Thinking
|
||||
|
||||
The knowledge that war is obsolete and that we are one is the
|
||||
foundation of the new mode of thinking. Our mode of thinking is
|
||||
what we identify with. It determines our values, our attitudes,
|
||||
our motivation, and our actions.
|
||||
|
||||
Until recently, we had not experienced the earth as one
|
||||
integrated system. We had limited experience of other peoples
|
||||
and other cultures. Therefore, our primary loyalty has been
|
||||
limited to our family, tribe, race, religion, ideology, or
|
||||
nation. Our identification has been restricted and we have often
|
||||
seen those beyond that identification as enemies.
|
||||
|
||||
In the nuclear age this limited identification threatens all
|
||||
humanity. We can no longer be preoccupied with enemies. We can
|
||||
no longer see ourselves as separate. Modern transportation,
|
||||
communication systems and the discoveries of science have
|
||||
increased tremendously our direct and indirect experience of the
|
||||
world. We now see that all of life is interdependent, that we
|
||||
share a common destiny, that our individual well-being depends on
|
||||
the well-being of the whole system. We must now identify with
|
||||
all humanity, all life, the whole earth. This expanded
|
||||
identification is the new mode of thinking.
|
||||
|
||||
It may be that we will never eliminate conflict between
|
||||
individuals or between nations. There will always be different
|
||||
perspectives, different ideas and different approaches to
|
||||
problems. However, an overriding identification with the whole
|
||||
earth will enable us to resolve conflicts by discovering
|
||||
solutions that benefit all. Diversity will no longer be a cause
|
||||
of war. By changing our mode of thinking, diverse points of view
|
||||
will become a source of creative solutions.
|
||||
|
||||
The human species has repeatedly demonstrated the ability to
|
||||
change its mode of thinking. As we have matured and acquired new
|
||||
knowledge, we have expanded our identification beyond the tribe,
|
||||
clan and the city-state. As we began to expand our
|
||||
identification beyond race, we abolished the institution of
|
||||
slavery. Now, by expanding our identification to the whole earth
|
||||
and all humanity, we will build a world beyond war.
|
||||
|
||||
"The Age of Nations is past. The task before us now, if we would not
|
||||
perish, is to shake off our ancient prejudices and build the earth."
|
||||
Pierre Teilhard de Chardin, 1936
|
||||
|
||||
II. DECISION
|
||||
|
||||
The process of building a world beyond war begins with the
|
||||
acknowledgement that war is obsolete and that we are one. Change
|
||||
then requires a decision to reject totally the obsolete and to
|
||||
commit totally to build upon the new identification.
|
||||
|
||||
Decision means "to-cut" (-cision) "away from" (de-), to reject
|
||||
forever an option, to close the door to an existing possibility.
|
||||
Without a decision it is impossible to discover the new. There
|
||||
is always a peril in moving into the unknown. We cannot preview
|
||||
all that will happen. We must draw upon our individual and
|
||||
collective experience of making such "leaps" in the past.
|
||||
|
||||
The decision to change our modes of thinking must be made on an
|
||||
individual basis. Individuals are the basic element of
|
||||
societies. Without an individual change, societal change cannot
|
||||
occur. Each of us must decide to adopt the new mode of thinking
|
||||
as the basis of his or her life.
|
||||
|
||||
"To compromise in this matter is to decide; to postpone and evade decision
|
||||
is to decide; to hide the matter is to decide...There are a thousand ways
|
||||
of saying no; one way of saying yes; and no way of saying anything else."
|
||||
Gregory Vlastos, 1934
|
||||
|
||||
III. ACTION
|
||||
|
||||
Societies generate their own vision of what is possible and draw
|
||||
their behavior from that vision. This nation must renew its
|
||||
commitment to the vision upon which it was founded and build
|
||||
agreement about the implications of that vision in the
|
||||
contemporary world.
|
||||
|
||||
"We hold these truths to be self-evident: that all men are created equal;
|
||||
that they are endowed by their Creator with certain unalienable rights;
|
||||
that among these are life, liberty and the pursuit of happiness; that, to
|
||||
secure these rights, governments are instituted among men, deriving
|
||||
their just powers from the consent of the governed."
|
||||
Declaration of Independence, 1776
|
||||
|
||||
We have not always lived up to the highest expression of our
|
||||
founding principles. For example, "all men are created equal"
|
||||
originally meant only white, tax-paying, property-owning males.
|
||||
Clearer understanding of these principles has resulted in
|
||||
creative change. When enough of us agreed that "all men are
|
||||
created equal" meant black and white, we abolished slavery. When
|
||||
enough of us agreed that it meant women and men, we instituted
|
||||
women's suffrage. When enough of us agree that it mean more than
|
||||
"separate but equal," we recognized civil rights.
|
||||
|
||||
When new agreements about principles are reached, laws, treaties
|
||||
and policies are developed to implement them. That is the only
|
||||
sequence of lasting change: agreement about principle, the law.
|
||||
Law cannot effectively precede agreement. Agreement must spring
|
||||
from new understanding of principles. The action through which
|
||||
agreement is built is education.
|
||||
|
||||
|
||||
Today education must be based upon the knowledge that war is
|
||||
obsolete and that we are one. We now know that the principle
|
||||
"all men are created equal" applies to every human being on the
|
||||
planet. We now know that the unalienable right to life, liberty
|
||||
and the pursuit of happiness cannot be secured by war. We must
|
||||
now work together to build agreement based on that knowledge
|
||||
throughout our society.
|
||||
|
||||
Power comes from individuals who are connected to universal
|
||||
principles and who are working together to build new agreements.
|
||||
The power of the nation has come from involvement of the people
|
||||
in the unfolding of our founding principles. We have always
|
||||
agreed that such involvement is not the exclusive right of the
|
||||
elite. Truth is self-evident: it is available to all. Power
|
||||
flows not from the top, but from the consent of the governed.
|
||||
Our Great Seal says it clearly: "E Pluribus Unum--Out of Many,
|
||||
One."
|
||||
|
||||
We have become a demonstration of that statement on our Great
|
||||
Seal. The possibility that resulted from the process of
|
||||
involving people in the pursuit of truth has been unfolding for
|
||||
200 years. This process has served as a beacon of hope and
|
||||
inspiration to people around the world. It has drawn the largest
|
||||
diversity of people ever assembled in one nation. We have
|
||||
gathered the "Many"--the religions, the races, the
|
||||
nationalities--working for the well-being of the "One," the
|
||||
United States of America.
|
||||
|
||||
To fulfill the purpose and vision upon which this nation was
|
||||
founded, we must change our understanding of the principle "Out
|
||||
of Many, One" to include the whole earth and all life. We must
|
||||
work together to build a world beyond war.
|
||||
|
||||
"I know of no safe repository of the ultimate power of society but the
|
||||
people. And if we think them not enlightened enough, the remedy is not
|
||||
to take the power from them, but to inform them by education."
|
||||
Thomas Jefferson, 1820
|
||||
|
||||
************************************************
|
||||
|
||||
|
||||
Try to take the whole concept in together. Do not get lost in a
|
||||
disagreement on a small point or technicality. This is the most important
|
||||
issue to face Mankind. We need your help, now!
|
||||
|
||||
|
||||
Questions or comments concerning this concept should be directed
|
||||
to the Beyond War BBS (FIDO 301) at (213) 477-5706, 23 hours per
|
||||
day. Give us a call.
|
||||
|
||||
Call The Works BBS - 1600+ Textfiles! - [914]/238-8195 - 300/1200 - Always Open
|
||||
|
||||
1106
textfiles.com/politics/biblemor.d
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textfiles.com/politics/biblemor.d
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2611
textfiles.com/politics/bigjoke.txt
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textfiles.com/politics/bigjoke.txt
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textfiles.com/politics/billofr
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|
||||
|
||||
NEW
|
||||
THE^BILL OF RIGHTS
|
||||
|
||||
Nearly everything has changed in the United States since the Bill of
|
||||
Rights was written and adopted. We still see the original words when
|
||||
we read those first 10 Amendments to the Constitution, yet the meaning
|
||||
is vastly different now.
|
||||
|
||||
And no wonder. We've gone from a country of a few million to a few
|
||||
hundred million. The nation's desire to band together was replaced by
|
||||
revulsion of togetherness. We exchanged a birthright of justice for a
|
||||
magic bullet, and replaced the Pioneer Spirit with the Pioneer Stereo.
|
||||
|
||||
We're not the people who founded this country and our Bill of Rights
|
||||
should reflect this.
|
||||
|
||||
As we approach the 21st Century, it's time to bring the wording up to
|
||||
date showing what we are and who we are.
|
||||
|
||||
AMENDMENT I
|
||||
|
||||
Congress shall make no law establishing religion, but shall act as if
|
||||
it did; and shall make no laws abridging the freedom of speech, unless
|
||||
such speech can be construed as "commercial speech" or "irresponsible
|
||||
speech" or "offensive speech;" or shall abridge the right of the
|
||||
people to peaceably assemble where and when permitted; or shall
|
||||
abridge the right to petition the government for a redress of
|
||||
grievances, under proper procedures.
|
||||
|
||||
It shall be unlawful to cry "Fire!" in a theatre occupied by three or
|
||||
more persons, unless such persons shall belong to a class declared
|
||||
Protected by one or more divisions of Federal, State or Local
|
||||
government, in which case the number of persons shall be one or more.
|
||||
|
||||
|
||||
AMENDMENT II
|
||||
|
||||
A well-regulated military force shall be maintained under control of
|
||||
the President, and no political entity within the United States shall
|
||||
maintain a military force beyond Presidential control. The right of
|
||||
the people to keep and bear arms shall be determined by the Congress
|
||||
and the States and the Cities and the Counties and the Towns (and
|
||||
someone named Fred.)
|
||||
|
||||
|
||||
AMENDMENT III
|
||||
|
||||
No soldier shall, in time of peace, be quartered in any house without
|
||||
the consent of the owner, unless such house is believed to have been
|
||||
used, or believed may be used, for some purpose contrary to law or
|
||||
public policy.
|
||||
|
||||
|
||||
AMENDMENT IV
|
||||
|
||||
The right of the people to be secure in their persons, houses, papers,
|
||||
and effects against unreasonable searches and seizures may not be
|
||||
suspended except to protect public welfare. Any place or conveyance
|
||||
shall be subject to search by law enforcement forces of any political
|
||||
entity, and any such places or conveyances, or any property within
|
||||
them, may be confiscated without judicial proceeding if believed to be
|
||||
used in a manner contrary to law.
|
||||
|
||||
|
||||
AMENDMENT V
|
||||
|
||||
Any person may be held to answer for a crime of any kind upon any
|
||||
suspicion whatever; and may be put in jeopardy of life or liberty by
|
||||
the state courts, by the federal judiciary, and while incarcerated;
|
||||
and may be compelled to be a witness against himself by the forced
|
||||
submission of his body or any portion thereof, and by testimony in
|
||||
proceedings excluding actual trial. Private property forfeited under
|
||||
judicial process shall become the exclusive property of the judicial
|
||||
authority and shall be immune from seizure by injured parties.
|
||||
|
||||
|
||||
AMENDMENT VI
|
||||
|
||||
In all criminal prosecutions, the accused shall enjoy the right to
|
||||
avoid prosecution by exhausting the legal process and its
|
||||
practitioners. Failure to succeed shall result in speedy
|
||||
plea-bargaining resulting in lesser charges. Convicted persons shall
|
||||
be entitled to appeal until sentence is completed. It shall be
|
||||
unlawful to bar or deter an incompetent person from service on a jury.
|
||||
|
||||
|
||||
AMENDMENT VII
|
||||
|
||||
In civil suits, where a contesting party is a person whose private
|
||||
life may interest the public, the right of trial in the Press shall
|
||||
not be abridged.
|
||||
|
||||
|
||||
AMENDMENT VIII
|
||||
|
||||
Sufficient bail may be required to ensure that dangerous persons
|
||||
remain in custody pending trial. There shall be no right of the public
|
||||
to be afforded protection from dangerous persons, and such protection
|
||||
shall be dependent upon incarceration facilities available.
|
||||
|
||||
|
||||
AMENDMENT IX
|
||||
|
||||
The enumeration in The Constitution of certain rights shall be
|
||||
construed to deny or discourage others which may from time to time be
|
||||
extended by the branches of Federal, State or Local government, unless
|
||||
such rights shall themselves become enacted by Amendment.
|
||||
|
||||
AMENDMENT X
|
||||
|
||||
The powers not delegated to the United States by the Constitution
|
||||
shall be deemed to be powers residing in persons holding appointment
|
||||
therein through the Civil Service, and may be delegated to the States
|
||||
and local Governments as determined by the public interest. The
|
||||
public interest shall be determined by the Civil Service.
|
||||
|
||||
-----------------------------------------------------------------------
|
||||
The Pen is mightier than the Sword.
|
||||
The Court is mightier than the Pen.
|
||||
The Sword is mightier than the Court.
|
||||
- Rey Barry -
|
||||
-----------------------------------------------------------------------
|
||||
237
textfiles.com/politics/biosurvy.txt
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237
textfiles.com/politics/biosurvy.txt
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|
||||
COUNTING ANIMALS, ONE BY ONE
|
||||
Will Babbitt's Bio Survey Violate Property Rights?
|
||||
By Charles Oliver
|
||||
In Los Angeles
|
||||
Investor's Business Daily
|
||||
October 22, 1993, Page 1
|
||||
|
||||
========================================================================
|
||||
"Essentially, what they are proposing is that the government permanently
|
||||
keep track of almost every living thing in the United State. That isn't
|
||||
physically possible."
|
||||
Robert Gordon, Executive Director of the National Wildlife Institute.
|
||||
========================================================================
|
||||
|
||||
Have you every wondered how many living things ther are in the U.S.?
|
||||
How many plants and animals -- trees, squirrels, cockroaches, etc. --
|
||||
share our homeland?
|
||||
|
||||
There are perhaps 500,000 species in the U.S., and there are easily
|
||||
billions of living creatures. No one knows for sure how many.
|
||||
|
||||
But if Interior Secretary Bruce Babbitt has his way, we may one day
|
||||
know. Not soon, certainly, but eventually.
|
||||
|
||||
Later this year, after Congress approves its final budget, the Interior
|
||||
Department will begin the National Biological Survey, an ambitious, some
|
||||
say impossible, attempt to catalog every nonhuman living organism in the
|
||||
U.S. The plan excludes only bacteria and other microorganisms.
|
||||
|
||||
That mammoth undertaking has already generated quite a bit of
|
||||
controversy.
|
||||
|
||||
Babbitt claims that the survey will both enrich our stock of knowledge
|
||||
of the natural world and make application of the nation's environmental
|
||||
laws more efficient.
|
||||
|
||||
But critics of the survey worry about that second point. They fear
|
||||
that, in order to conduct the survey, government researchers may invade
|
||||
the privacy of private citizens.
|
||||
|
||||
And they also are concerned that the data generated by the survey will
|
||||
make it easier for the federal goverment to take away the property
|
||||
rights of landowners under the guise of environmental protection.
|
||||
|
||||
The National Biological Survey has sometimes been referred to as
|
||||
an enviromental census.
|
||||
|
||||
But that label may not be quite right.
|
||||
|
||||
The survey will not be a singular event or even a recurring count taking
|
||||
place evey 10 years like the census that counts the number of persons in
|
||||
the U.S.
|
||||
|
||||
Rather, the more correct analogy would be to the National Geological
|
||||
Survey. Just as the geological survey is an ongoing effort to provide
|
||||
ever more acurate maps of the nation's natural resources, the biological
|
||||
survey will, its backers hope, be a perpetual effort to map the nation's
|
||||
ecosystems.
|
||||
|
||||
Hope is the key word. The survey will be funded as an administrative
|
||||
effort of the Interior Department, operating at the discretion of the
|
||||
secretary.
|
||||
|
||||
A bill that would make the survey a permanent federal agency with a
|
||||
presidentially appointed head was approved by the House of
|
||||
Representatives earlier this month. But the Senate is unlikely to act
|
||||
on the proposal until next year.
|
||||
|
||||
Babbitt has indicated that he considers the survey possibly to be the
|
||||
most important program that he will initiate.
|
||||
|
||||
Some in the environmental community agree.
|
||||
|
||||
"Everyone stands to benefit from a more coordinated, more complete
|
||||
database," said David Wilcove, senior ecologist at the Environmental
|
||||
Defense Fund.
|
||||
|
||||
"We will get a much better picture of which species are in decline and
|
||||
which are not," he said.
|
||||
|
||||
"We'll be more able to devote resourses to those that are endangered and
|
||||
we can do so at an earlier stage when we have more options."
|
||||
|
||||
The survey will begin with a budget of about $170 million and 1,700
|
||||
employees. The bulk of its funding and most of its employees will come
|
||||
from absorbing existing research projects from various Interior
|
||||
Department agencies.
|
||||
|
||||
The first stage of the survey will involve compling and analyzing the
|
||||
data already collected by the federal government, state governments,
|
||||
universities and other private researchers and preparing a preliminary
|
||||
inventory of living things in the U.S.
|
||||
|
||||
But eventually, the project will expand to count every organism on all
|
||||
U.S. public and private lands.
|
||||
|
||||
With only one researcher for every 300 species, survey officials say
|
||||
they will have to rely upon outside sources -- universities, state
|
||||
agencies and various other think tanks -- for much of the actual
|
||||
legwork.
|
||||
|
||||
Still, the task remains daunting.
|
||||
|
||||
"We can't begin to overestimate the enormity of this project," said
|
||||
Robert Gordon, executive director of the National Wilderness Institute.
|
||||
|
||||
Gordon contends that whatever data are gathered will be snapshots of
|
||||
particular moments in time -- not a comprehensive, good-for-all-time
|
||||
census.
|
||||
|
||||
"The number of a given species in a given area is constantly changing.
|
||||
It's influenced by so many different things -- the weather, the presence
|
||||
of species that feed upon it or that it feeds upon. Point data are
|
||||
meaningless; what counts is direction," said Gordon.
|
||||
|
||||
ONGOING EFFORT
|
||||
But that, say the survey's supporters, is exactly why it should be an
|
||||
ongoing effort, not a one-time count.
|
||||
|
||||
"Essentially, what they are proposing is that the government permanently
|
||||
keep track of almost every living thing in the United States. That
|
||||
isn't physically possible," Gordon said.
|
||||
|
||||
The EDF's Wilcove concedes that it will be "a long, long time before we
|
||||
have an accurate inventory of every plant and animal."
|
||||
|
||||
"But we'll be learning more and more about more and more species as we
|
||||
go along, and that will be enormously helpful. Information can be
|
||||
significant, even when it isn't complete," Wilcove said.
|
||||
|
||||
Opponents of the survey worry about what that information will be used
|
||||
for.
|
||||
|
||||
"A lot of people are concerned that the survey will be used as a cover
|
||||
for national land-use planning," said Ike Sugg, an environmental analyst
|
||||
at the Competitive Enterprise Institute.
|
||||
|
||||
Not so, said Trudy Harlow, a spokesperson for the Interior Department.
|
||||
|
||||
"The survey is nonadvocacy and nonregulatory. All it will do is collect
|
||||
information.," she said.
|
||||
|
||||
|
||||
REGUALTION NIGHTMARE?
|
||||
But even something as benign as information is generated within a
|
||||
context, says Robert Gordon.
|
||||
|
||||
"And the context of the national Biological Survey is a vast array of
|
||||
federal environmental rules -- the Endangered Species Act, wetlands
|
||||
regulations, the national Natural Landmark Program and other rules. The
|
||||
survey is obviously intended to strengthen the enforcement of such
|
||||
regualtions," Gordon said.
|
||||
|
||||
"Ignorance isn't a tool," countered David Wilcove. "The survey is
|
||||
taking a lot of heat from people upset with the nation's environmental
|
||||
laws. But if those laws are their real concern, they should address
|
||||
those laws and try to change what they think is wrong with them, not
|
||||
attack information gathering."
|
||||
|
||||
In any event, Babbitt and the survey's supporters say, there's no reason
|
||||
to suppose that the survey will lead to greater environmental regulation
|
||||
until the data are collected.
|
||||
|
||||
In fact, they say, the data could lead to a relaxation of environmental
|
||||
rules in some cases.
|
||||
|
||||
"It's certainly possible that we could learn that more species are
|
||||
endangered than we thought and that they need protection, but it's also
|
||||
possible that we could learn that some species aren't in as much trouble
|
||||
as we thought," Wilcove said.
|
||||
|
||||
|
||||
COUNTERING CRITICS' SUSPICIONS
|
||||
But the suspicions of the survey's opponents were strengthed by two
|
||||
suggestions made by Interior Secretary Babbitt.
|
||||
|
||||
The first was that the survey be exempt from the Freedom of Information
|
||||
Act. The second was that those collecting data for the survey not have
|
||||
to get written permission from private property owners before venturing
|
||||
onto their lands.
|
||||
|
||||
Interior's Harlow says Babbitt's intent isn't secrecy at all costs.
|
||||
|
||||
"We want an exemption from the Freedom of Information Act simply because
|
||||
it's difficult to protect a very limited species if people know where it
|
||||
is," Harlow said.
|
||||
|
||||
"For example, if we announced that the last few members of, say, a given
|
||||
species of cactus could be found in a certain location, someone would
|
||||
try to dig them up. We wanted to prevent those kinds of situations,"
|
||||
harlow said.
|
||||
|
||||
And the survey has no plans to violate anyone's property rights, she
|
||||
contends.
|
||||
|
||||
"We would abide by the same requirements that other researchers must,
|
||||
and that's oral permission of landowners," Harlow said.
|
||||
|
||||
TRACKING SPECIES
|
||||
"Tracking some species can involve crossing numerous parcels of land. I
|
||||
know of one case in which researchers tracking a parrot species had to
|
||||
cross 1,500 (individual private) parcels," she said.
|
||||
|
||||
"If you tell people what you want, they'll usually give you permission
|
||||
and the work can be done quickly," she added. "But having to get
|
||||
written persmission fromeach and every property owner would slow things
|
||||
down too much."
|
||||
|
||||
Earlier this month, a bill that would make the National Biological
|
||||
Survey a permanent federal agency came to the floor of the House, where
|
||||
members succeeded in adding several amendments addressing landowners'
|
||||
fears.
|
||||
|
||||
One amendment requires the survey to catalog all federal lands before
|
||||
looking at private property.
|
||||
|
||||
Another requires researchers to get written permission from landowners
|
||||
before surveying private property.
|
||||
|
||||
And a third amenment forbids the survey from using volunteers to collect
|
||||
field data on private lands.
|
||||
|
||||
While these amendments made the bill more palatable to those concerned
|
||||
about protecting property rights -- enough so that it passed in teh
|
||||
House -- they don't completely allay their fears.
|
||||
|
||||
Critics of the survey point out that they still have no idea what the
|
||||
Senate version of the bill -- or more important the final law -- will
|
||||
look like. It may not incorporate the protections placed in the House
|
||||
bill.
|
||||
|
||||
Moreover, their central concern -- that the data gathered by the
|
||||
National Biological Survey will be used as the basis for further
|
||||
restrictions on private property -- cannot be remedied by anything short
|
||||
of defunding the survey.
|
||||
|
||||
|
||||
58
textfiles.com/politics/biowar.txt
Normal file
58
textfiles.com/politics/biowar.txt
Normal file
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|
||||
PENTAGON BIOWARFARE RESEARCH CONDUCTED IN UNIVERSITY LABORATORIES
|
||||
|
||||
Overshadowed by Star Wars and overlooked by the media, the push
|
||||
toward biowarfare has been one of the Reagan administration's best
|
||||
kept secrets. The research budget for infectious diseases and toxins
|
||||
has increased tenfold since fiscal '81 and most of the '86 budget of
|
||||
$42 million went to 24 U.S. university campuses where the world's most
|
||||
deadly organisms are being cultured in campus labs.
|
||||
The amount of military money available for biotechnology research
|
||||
is a powerful attraction for scientists whose civilian funding
|
||||
resources dried up. Scientists formerly working on widespread killers
|
||||
like cancer now use their talents developing strains of such rare
|
||||
pathogens as anthrax, dengue, Rift Valley fever, Japanes encephalitis,
|
||||
tularemia, shigella, botulin, Q fever, and mycotoxins.
|
||||
Many members of the academic community find the trend alarming,
|
||||
but when MIT's biology department voted to refuse Pentagon funds for
|
||||
biotech research, the administration forced it to reverse its
|
||||
decision. And, in 1987, the University of Wisconsin hired Philip
|
||||
Sobocinski, a retired Army colonel, to help professors tailor their
|
||||
research to attract Pentagon-funded biowarfare research to the school.
|
||||
Richard Jannaccio, a former science writer at UW, was dismissed from
|
||||
his job on August 25, 1987, the day after the student newspaper, THE
|
||||
DAILY CARDINAL, published his story disclosing the details of Colonel
|
||||
Sobicinski's mission at the University.
|
||||
Since the U.S. is a signatory to the 1972 Biological and Toxic
|
||||
Weapons Convention which bans "development, production, stockpiling
|
||||
and use of microbes or their poisonous products except in amounts
|
||||
necessary for protective and peaceful research," the university-based
|
||||
work is being pursued under the guise of defensive projects aimed at
|
||||
developing vaccines and protective gear. Scientists who oppose the
|
||||
program insist that germ-warfare defense is clearly impractical; every
|
||||
person would have to be vaccinated for every known harmful biological
|
||||
agent. Since vaccinating the entire population would be virtually
|
||||
impossible, the only application of a defensive development is in
|
||||
conjunction with offensive use. Troops could be effectively vaccinated
|
||||
for a single agent prior to launching an attack with that agent.
|
||||
Colonel David Huxsoll, commander of the U.S. Army Medical Research
|
||||
Institute of Infectious Diseases admits that offensive research is
|
||||
indistinguishable from defensive research even for those doing it.
|
||||
Each of the sources for this synopsis raised ethical questions
|
||||
about the perversion of academia by military money and about the U.S.
|
||||
engaging in a biological arms race that could rival the nuclear
|
||||
threat, yet none mentioned the safety or the security of the labs
|
||||
involved. The failure to investigate this aspect of the issue is a
|
||||
striking omission. Release of pathogens, either by accident or
|
||||
design, would prove tragic at any of the following schools: Brigham
|
||||
Young, California Institute of Technology, Colorado State University,
|
||||
Emory, Illinois Institute of Technology, Iowa University, M.I.T.,
|
||||
Purdue, State University of N.Y. at Albany, Texas A&M, and the
|
||||
Universities of California, California at Davis, Cincinnati,
|
||||
Connecticut, Georgia, Idaho, Kansas, Kentucky, Maryland,
|
||||
Massachusetts, Minnesota, North Carolina, and Utah.
|
||||
|
||||
SOURCES: ISTHMUS, 10/9/87, "Biowarfare and the UW," by Richard
|
||||
Jannaccio, pp 1, 9, 10; THE PROGRESSIVE, 11/16/87, "Poisons from the
|
||||
Pentagon," by Seth Shulman, pp 16-20; WALL STREET JOURNAL, 9/17/86,
|
||||
"Military Science," by Bill Richards and Tim Carrington, pp 1, 23.
|
||||
|
||||
273
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273
textfiles.com/politics/bjrtext.txt
Normal file
@@ -0,0 +1,273 @@
|
||||
|
||||
THE BILL OF JURY RIGHTS
|
||||
|
||||
The following six points were approved for inclusion in the
|
||||
Bill of Jury Rights by voting delegates at the St. Louis "BJR"
|
||||
Conference. Time ran out before several other items proposed for
|
||||
the Bill could be debated and voted upon.
|
||||
|
||||
Conference participants were subsequently asked to send us
|
||||
their signatures if they wanted us to attach them to the six
|
||||
points that were approved, for publication in this issue of the
|
||||
FIJActivist. The "signed" Bill, then, is to date as follows:
|
||||
|
||||
1. The inherent right of jurors to be informed of their duty
|
||||
to judge the law as well as the facts in all cases shall not be
|
||||
infringed.
|
||||
|
||||
2. In all criminal trials, a jury of at least twelve persons
|
||||
must be seated unless declined by the defendant.
|
||||
|
||||
3. The jury must be told that unanimity is not required, but
|
||||
if not achieved, a retrial is possible.
|
||||
|
||||
4. A guilty or innocent verdict must be established
|
||||
unanimously by the jury.
|
||||
|
||||
5. Jurors must be randomly selected from the widest
|
||||
possible base.
|
||||
|
||||
6. Jurors may not be disqualified from service except by
|
||||
reason of conflict of interest.
|
||||
|
||||
|
||||
|
||||
Signatures of those who've signed to date will be reproduced
|
||||
in the next FIJActivist. So far, we've received signatures from:
|
||||
|
||||
David S. Curland, NH; Toni L. Black, SC; Frank Nugent, MO;
|
||||
Red Beckman, MT; Honey Lanham Dodge, TX; Ken Bush, MO; Godfrey D.
|
||||
Lehman, CA; Sasha D. Kennison, SC; Marjorie C. Davies, OH;
|
||||
Richard B. Boddie, CA; Dick Sunderman, WY; Norma D. Segal, NY;
|
||||
Dave Dawson, WY; Paul Carroll, AZ; Eon Marshall, CA; Barbara
|
||||
Anderson, NH; Bro. Jim Lorenz, CA; Dennis Kurk, MN; Beatrice
|
||||
Kurk, MN; Walter A. Murray, Jr. WY; Richard Tompkins, AZ; Darlene
|
||||
Span, AZ; Jerry Span, AZ; Larry Dodge, MT; Don Doig, MT.
|
||||
|
||||
|
||||
BJR Conferees and Speakers note: If you haven't done so
|
||||
already, you can still "sign" the Bill of Jury Rights, as
|
||||
presented above. Just send us your signature. We'll cut it out
|
||||
and paste it up with the others. We'll send you a master copy of
|
||||
the signed document, and print it in the next FIJActivist!
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
"DRAFTERMATH"
|
||||
|
||||
Since the St. Louis conference, Texans for FIJA met to draft
|
||||
a "Texas version", which proposes item 1 of the Bill of Jury
|
||||
Rights as an amendment to the section of that state's
|
||||
constitution dealing with trial by jury, and includes BJR items
|
||||
2-5 as part of a list of proposed statutes by which to implement
|
||||
and supplement that section, as amended.
|
||||
|
||||
The Texas version also divided the statutes into those which
|
||||
would apply to all trials, and those which would apply only to
|
||||
criminal trials. After discussing the Texas version with FIJA
|
||||
activists in Colorado and Wyoming, collecting from them still
|
||||
more suggestions, Larry Dodge brought the accumulated commentary
|
||||
to FIJA HQ in Montana, where he and Don Doig added still a third
|
||||
battery of statutes, applicable only to civil cases, and rewrote
|
||||
the entire document, using as many suggestions as possible.
|
||||
|
||||
After some debate over whether some of the items in the list
|
||||
should be separated out as "rights of the defendant", as opposed
|
||||
to "jury rights" (resolved by deciding that all rights of the
|
||||
jury are derivative of the right of defendants to trial by jury,
|
||||
so that it makes no sense to separate them), a more-or-less
|
||||
comprehensive Bill of Jury Rights was developed:
|
||||
|
||||
Proposed Constitutional Amendment, (either by legislative
|
||||
referendum or citizen initiative) to the state constitutional
|
||||
section on Trial by Jury:
|
||||
|
||||
"The inherent right of jurors to be informed of their duty
|
||||
to judge the law as well as the facts in all cases shall not be
|
||||
infringed."
|
||||
|
||||
Proposed statutes to implement the above amendment, and to
|
||||
supplement state constitutional sections dealing with Trial by
|
||||
Jury or with Rights of the Accused:
|
||||
|
||||
1. In all trials:
|
||||
|
||||
a. a jury of at least twelve persons must be seated
|
||||
unless declined by the defendant.
|
||||
|
||||
b. jurors must be selected randomly, from the widest
|
||||
possible base.
|
||||
|
||||
c. jurors may not be disqualified from service except
|
||||
by reason of conflict of interest.
|
||||
|
||||
d. no evidence which either side wishes to present to
|
||||
the jury may be withheld, provided it was lawfully obtained.
|
||||
|
||||
e. jurors may take notes in the courtroom, have
|
||||
questions posed to witnesses, and take reference materials into
|
||||
the jury room.
|
||||
|
||||
f. during selection, jurors may refuse to answer
|
||||
questions which they believe violate their right of privacy,
|
||||
without prejudice.
|
||||
|
||||
|
||||
2. In all criminal trials:
|
||||
|
||||
a. the court must inform the jury of its right to judge
|
||||
both law and fact in reaching a verdict, and failure to so inform
|
||||
the jury is grounds for mistrial. The jurors must acknowledge by
|
||||
oath that they understand this right, no party to the trial may
|
||||
be prevented from encouraging them to exercise it, and no
|
||||
potential juror may be disqualified from serving on a jury
|
||||
because he expresses a willingness to judge the law or its
|
||||
application, or to vote according to conscience.
|
||||
|
||||
b. the jury must be told that it is not required to
|
||||
reach a unanimous verdict, but that failure to do so will produce
|
||||
a hung jury, and a retrial will be possible.
|
||||
|
||||
c. A unanimous vote of the jury is required in order
|
||||
for it to render a verdict of guilty or innocent.
|
||||
|
||||
d. the jury must be informed of the range of
|
||||
punishments which can be administered if the defendant is found
|
||||
guilty, and what, if any, exceptions to that range may be
|
||||
available to the convict.
|
||||
|
||||
e. the court may grant no motions which limit the
|
||||
individual rights of the defendant, most particularly his right
|
||||
to have the jury hear whatever justifications for his actions the
|
||||
defense may wish to present.
|
||||
|
||||
|
||||
3. In all civil trials:
|
||||
|
||||
a. civil trial jurors also retain the traditional power
|
||||
to judge the law, and must be so told by the court whenever the
|
||||
government or any agent of the government is a party to the
|
||||
trial, and where the amount in dispute exceeds $20.
|
||||
|
||||
b. agreement by three-quarters of the jury constitutes
|
||||
a verdict.
|
||||
|
||||
c. no judge may overturn the verdict of the jury.
|
||||
Appeals may be made only to another jury, and if these juries
|
||||
disagree, the case shall be decided by a third jury.
|
||||
|
||||
|
||||
|
||||
|
||||
"PLUS THREE"
|
||||
|
||||
The St. Louis conference produced three independent
|
||||
proposals for wording which we would like to reproduce here as
|
||||
additional food for thought.
|
||||
|
||||
FORMER JUSTICE JOHN I. PURTLE'S PROPOSAL
|
||||
|
||||
Trial juries shall be composed of 12 or more citizens chosen
|
||||
at random from a pool consisting of all persons in the judicial
|
||||
district over the age of 18 years. In criminal cases the verdict
|
||||
must be unanimous and in civil cases, 75% must agree on the
|
||||
verdict. Jurors shall be allowed to take notes during the trial
|
||||
and may take the notes and all evidence into the deliberation
|
||||
room.
|
||||
|
||||
Grand juries shall consist of 16 or more members selected
|
||||
from the same pool and an indictment must be signed by 75% of the
|
||||
panel. The grand jury shall have the right to select independent
|
||||
counsel.
|
||||
|
||||
The inherent rights of jurors to be informed of their duty
|
||||
to judge the law and the facts in all cases shall not be
|
||||
infringed.
|
||||
|
||||
GODFREY DAVIDSBURG LEHMAN'S PROPOSAL
|
||||
|
||||
The inherent right of jurors to be informed of their duty
|
||||
to judge the law and facts by general or special verdicts at
|
||||
their discretion in all cases shall not be infringed.
|
||||
|
||||
Trial juries shall be composed of 12 or more citizens
|
||||
selected at random from the widest possible community base in the
|
||||
judicial district without peremptory challenge; challenges for
|
||||
cause shall be limited only to cases of direct partisan interest.
|
||||
|
||||
Verdicts in all criminal trials shall be unanimous and in
|
||||
civil trial shall be by 75%. Jurors shall be informed of their
|
||||
options to select the third verdict of "Not Proven" when they are
|
||||
dissatisfied with the limitations by either an outright acquittal
|
||||
or conviction.
|
||||
|
||||
The court shall not withhold from the jury any evidence
|
||||
which any of the litigants wish to bring before the jury, except
|
||||
for evidence illegally obtained. In the case of evidence
|
||||
obtained under questionable circumstances, the court shall
|
||||
explain to the jury how the evidence was obtained without
|
||||
revealing the evidence itself and the judge may express his
|
||||
opinion as to proper admissibility.
|
||||
|
||||
But the evidence shall be allowed only if one-third (?) or
|
||||
more of the jury so desire provided that a ruling of illegality
|
||||
by the jury shall constitute an automatic indictment of the
|
||||
persons who obtained such evidence, and who shall be tried
|
||||
immediately under the criminal statutes of this state concurrent
|
||||
with the originating trial.
|
||||
|
||||
Should defendants be acquitted in said trial, the suppressed
|
||||
evidence shall be made immediately available to the jury in the
|
||||
originating trial; but if said trial be already completed, the
|
||||
freed evidence shall constitute grounds for a new trial upon the
|
||||
request of either party.
|
||||
|
||||
The Seventh Amendment's proscription that "no fact tried by
|
||||
a jury shall be otherwise re-examined in any court of the United
|
||||
States, than by the rules of the common law," shall be understood
|
||||
that no appellate court in any case may evaluate the jury verdict
|
||||
neither to overrule nor uphold, being limited only to determine
|
||||
if the trial was conducted fairly per Constitutional mandate.
|
||||
|
||||
If a question appears to the court or in the case of new
|
||||
evidence, the court shall send the case back to the trial court
|
||||
for a new trial before a second jury, equal in sovereign rank to
|
||||
the first jury, which can deliver a new verdict or uphold the
|
||||
first verdict. If the second jury overrules the first, a third
|
||||
trial may be held, the final determination being the two agreeing
|
||||
juries.
|
||||
|
||||
FRANK NUGENT'S PROPOSAL
|
||||
|
||||
ADMISSIBILITY OF EVIDENCE 1. It being the natural right and
|
||||
ability of each and every citizen of this state to judge for
|
||||
himself or herself as to the relevance of evidence, and it being
|
||||
the natural right and ability of each and every citizen to resist
|
||||
pre-judging any issue, no evidence shall be declared inadmissible
|
||||
or otherwise kept from the jury on the grounds of relevance or
|
||||
irrelevancy, nor on the ground that such evidence would be
|
||||
prejudicial.
|
||||
|
||||
2. Should any judge rule that any evidence being submitted
|
||||
was obtained illegally, the question of admissibility of such
|
||||
evidence shall be turned over to arbitration consisting of the
|
||||
following persons: prosecuting attorney, defense attorney or the
|
||||
pro se defendant, and three jurors from the general jury pool.
|
||||
If the arbiters decide by an 80% vote that such evidence was
|
||||
obtained legally, then such evidence shall be placed before the
|
||||
jury. A less than 80% vote shall constitute a finding that the
|
||||
evidence was obtained illegally, and then it shall not be
|
||||
admitted nor revealed to the jury; provided however, that such a
|
||||
ruling of illegality shall constitute an automatic indictment of
|
||||
the persons who obtained such evidence, and who shall be tried
|
||||
immediately under the criminal statutes of this state concurrent
|
||||
with the originating trial. Should defendants be acquitted in
|
||||
said trial, the suppressed evidence shall be made immediately
|
||||
available to the jury in the originating trial; but if said trial
|
||||
be already completed, the freed evidence shall constitute grounds
|
||||
for a new trial upon the prayer of either party.
|
||||
|
||||
|
||||
390
textfiles.com/politics/bkrsfld.txt
Normal file
390
textfiles.com/politics/bkrsfld.txt
Normal file
@@ -0,0 +1,390 @@
|
||||
1/9/8
|
||||
1841696
|
||||
In California, a Question of Abuse; An Excess of Child Molestation
|
||||
Cases Brings Kern County's Investigative Methods Under Fire.
|
||||
The Washington Post, May 31, 1989, FINAL Edition
|
||||
BY: Jay Mathews, Washington Post Staff Writer
|
||||
SECTION: Style, p. d01
|
||||
STORY TYPE: News National
|
||||
LINE COUNT: 314 WORD COUNT: 3456
|
||||
|
||||
BAKERSFIELD, Calif. - Only two of the children at the trial could even
|
||||
identify Gina Miller. She was Colleen Forsythe's friend, the only
|
||||
nonrelative in Bakersfield's infamous Pitts family child molestation and
|
||||
pornography ring.
|
||||
|
||||
Identified or not, the jury found her guilty with the others in 1985 and
|
||||
sent the soft-spoken, auburn-haired fast-food worker to prison for 405
|
||||
years, forcing her to end abruptly the breast-feeding of her fourth child,
|
||||
10-month-old Tammra.
|
||||
|
||||
After hearing the lurid allegations made during the seven-month trial,
|
||||
the 12 jurors from this San Joaquin Valley city of oil wells and fruit
|
||||
trees may have felt even the most severe punishment was insufficient.
|
||||
Children testified that several adult members of the Pitts family gathered
|
||||
regularly to sodomize and molest their own sons, daughters, nephews or
|
||||
nieces, often after forcing drugs or alcohol on them. Children said they
|
||||
saw cameras apparently filming the sexual acts.
|
||||
|
||||
There had never been anything like it here, and in a city full of
|
||||
families from Oklahoma and the South who prided themselves on their
|
||||
Christian values and adherence to law and order, the reaction was horror
|
||||
and outrage. Children could not make up such stories, prosecutors
|
||||
repeatedly reminded the jurors and the public. "I can't conceive of a
|
||||
reason for something like this," said Superior Court Judge Gary T. Friedman
|
||||
as he pronounced sentences. "I doubt if our friends in the animal kingdom
|
||||
would treat their young in such a fashion."
|
||||
|
||||
A few defense attorneys raised objections to the extraordinary prison
|
||||
terms. The total of 2,619 years for the seven defendants set a child abuse
|
||||
case record for California and probably the whole country. Defense
|
||||
attorneys noted that no adults had testified to witnessing the crimes, that
|
||||
there was no sign of the alleged pornographic films or videotapes and that
|
||||
the medical evidence was controversial. But such objections were buried in
|
||||
an outpouring of disgust at the trial testimony and a growing concern about
|
||||
mass child abuse cases materializing in many other parts of the country.
|
||||
Then, as months went by, a few Bakersfield residents began to wonder
|
||||
about the Pitts case and several other sexual abuse investigations that had
|
||||
been carried out for several years by a number of very active officials in
|
||||
the Kern County district attorney's and sheriff's offices. One analysis
|
||||
showed that in 1982 the county's rate of arrests for child molesting was
|
||||
twice the state average. Investigations that initially focused on just one
|
||||
or two children seemed to grow to include many more.
|
||||
|
||||
Finally, a county investigation of an alleged satanic cult, a group that
|
||||
made the Pitts defendants appear kindly by comparison, careened irrevocably
|
||||
out of control. Child witnesses who had been repeatedly interviewed, much
|
||||
like the witnesses in the Pitts and several other cases, told investigators
|
||||
that the cult had not only molested children but conducted blood rites and
|
||||
even killed babies. Frantic efforts to discover the bodies proved
|
||||
fruitless, and then three young witnesses went one crucial step further.
|
||||
They identified as members of the satanic ring a sheriff's deputy, a social
|
||||
worker and a deputy district attorney--persons with impeccable reputations
|
||||
who could not possibly have been where the children said they saw them.
|
||||
|
||||
This was the turning point. The credibility of both witnesses and
|
||||
investigators in the series of molestation cases began to come into serious
|
||||
question. Gina Miller, obsessed with thoughts of her children, said she
|
||||
felt her spirits lifting for the first time. Perhaps she had a chance to
|
||||
get out soon.
|
||||
|
||||
Within months a special investigative team from the state attorney
|
||||
general's office had descended on Bakersfield and produced one of the most
|
||||
damning reports one California agency had ever written about another. The
|
||||
80-page document concluded that a county child sexual abuse coordinator and
|
||||
sheriff's deputies overinterviewed and pressured child witnesses, gave them
|
||||
opportunities to share accounts of the case, and assumed anything a child
|
||||
said was true. The report said this prompted investigators "to accept the
|
||||
children's statements without question, to neglect to verify those
|
||||
statements through additional questions of the victim and others close to
|
||||
the victim, and to fail to seek additional corroborative evidence to
|
||||
support the children's claims."
|
||||
|
||||
The county's investigation, the report concluded, "foundered in a sea of
|
||||
unproven allegations, insufficient corroborative evidence, and bizarre
|
||||
allegations that in some instances were proven to be false and raised
|
||||
serious questions about the victims' credibility."
|
||||
|
||||
The state's highest law enforcement officials had decided that, in
|
||||
Bakersfield at least, horribly detailed stories of abuse and molestation
|
||||
told by innocent children might not always be true. Not only did the report
|
||||
challenge an article of faith in the conviction of the Pitts family and
|
||||
other defendants here, but it was directly critical of methods used by
|
||||
investigators who had participated, at least in part, in gathering
|
||||
testimony used against the Pitts family and many others.
|
||||
|
||||
The resulting furor has not drawn much attention outside California's
|
||||
San Joaquin Valley. Notable molestation cases like the McMartin Preschool
|
||||
trial in Los Angeles have preempted most national media attention. But the
|
||||
attorney general's report on Bakersfield paints a picture of what has to be
|
||||
considered one of the clumsiest and most destructive child abuse
|
||||
investigations in American history. The report leaves unanswered many
|
||||
questions about how to deal with such tragedies, and what to do about many
|
||||
other Kern County residents left in prison whose cases have not attracted a
|
||||
full-scale second look.
|
||||
|
||||
For the attorney general's report said nothing directly about the Pitts
|
||||
defendants. Miller said she experienced a sinking feeling that the state's
|
||||
exposure of investigative clumsiness might not help them after all, and
|
||||
others raised the same concerns.
|
||||
|
||||
Glenn Cole, a retired accountant who led the county grand jury from 1983
|
||||
to 1985, said he believes "innocent people are in jail right today" because
|
||||
children were "questioned to the point where they could not tell truth from
|
||||
fiction." He said he thinks the initial investigators were not properly
|
||||
trained and the attorney general's office should have done more to right
|
||||
the wrongs. "I try to put it out of my mind," Cole said, "but I get very
|
||||
emotional about it."
|
||||
|
||||
Some attorneys, particularly those defending the Pittses, are beginning
|
||||
to compare many of the Bakersfield child abuse investigations to the Salem
|
||||
witch trials. They say they fear that instinctive loathing over unusually
|
||||
egregious accounts of child molestation has subverted the rule of law and
|
||||
due process and unnecessarily shattered dozens of lives, including those of
|
||||
several children.
|
||||
|
||||
In some minds the parallels across three centuries are very close.
|
||||
Michael Snedeker, a San Francisco attorney representing one of the Pitts
|
||||
defendants, said the Salem trials began in 1692 with two children who,
|
||||
after repeated questioning, identified many local people as witches. "The
|
||||
Salem witchcraft fever did not break until the children made absolutely
|
||||
unbelievable accusations, pointing their damning fingers at the governor's
|
||||
wife," he said. "They also accused those most eager in the prosecution of
|
||||
witches. Once disbelieved in a few particulars, they lost the power to
|
||||
condemn they undoubtedly never sought."
|
||||
|
||||
Bitter arguments have broken out here over the guilt or innocence of the
|
||||
Pitts defendants and several others jailed after investigations similar to
|
||||
the discredited satanic case. At the very least, the turmoil shows how
|
||||
damaging a misstep in a child abuse case can be, and how it may take years
|
||||
to erase the effects of overzealous interviewing and an unshakable belief
|
||||
in the veracity of children, even those under severe emotional pressure.
|
||||
|
||||
In the last several months two of the alleged child victims in the Pitts
|
||||
case have recanted, saying nothing at all happened in the green house on
|
||||
Sycamore Street where the molestations were supposed to have occurred.
|
||||
|
||||
The sudden shift in the cases sparked unusual tensions between many
|
||||
leading Bakersfield citizens. Andrew Gindes, a former prosecutor who
|
||||
handled the Pitts case, has sued Alfred T. Fritts, former
|
||||
co-publisher/editor of the Bakersfield Californian, for libel after the
|
||||
newspaper printed a story about one witness's recantation. Gindes'
|
||||
complaint alleged that Fritts was hostile toward him because Fritts feared
|
||||
his "own activities would be disclosed if a vigorous policy was pursued by
|
||||
law enforcement against child molesters." Dennis Kinnaird, an attorney
|
||||
representing Fritts and other defendants in the case, called the allegation
|
||||
"totally incorrect" and said, "We don't think it has any basis in fact."
|
||||
|
||||
Gindes, in an interview, expressed outrage that the results of a lengthy
|
||||
jury trial were now being questioned, and accused attorneys for the Pitts
|
||||
defendants of organizing a "media hype." "I don't think the media should be
|
||||
used to conduct a public relations campaign to attempt to prejudice the
|
||||
judicial system," he said.
|
||||
|
||||
Investigators and prosecutors here who handled most of the cases say
|
||||
that their evidence stands up, and bitterly denounce the decision to drop
|
||||
the satanic cult case. Kern County District Attorney Edward R. Jagels, who
|
||||
refused to prosecute the satanic case, still defends the investigative
|
||||
methods and lengthy prison sentences in the Pitts and other cases.
|
||||
Arguments against them, he said, "just don't hang together."
|
||||
|
||||
Although some attorneys with the state attorney general's office
|
||||
privately express doubts about the evidence in the Pitts and other cases
|
||||
brought during the widespread molestation investigations of 1982 to 1985,
|
||||
they say they can do nothing to overturn jury verdicts. Deputy Attorney
|
||||
General Thomas Gede, who was assigned to the Pitts case on appeal, said
|
||||
that after reading all 14,000 pages of trial transcript he is convinced of
|
||||
the guilt of all seven defendants.
|
||||
While those verdicts are being appealed, the Pitts defendants and many
|
||||
others remain in prison with multiple life sentences, wondering if they
|
||||
will ever leave prison and, if they do, ever restore a semblance of their
|
||||
previous lives.
|
||||
|
||||
Colleen Forsythe, sentenced to 373 years in the Pitts case, said her
|
||||
13-year-old daughter Windy, one of the two witnesses who have recently
|
||||
recanted, has been through several foster homes and returned more than once
|
||||
to the custody of juvenile authorities.
|
||||
|
||||
During trial, Forsythe, now 30, insisted on her innocence. "There was no
|
||||
way I was going to say that I did something like that when I didn't," she
|
||||
said during an interview at the California Institution for Women in
|
||||
Frontera.
|
||||
|
||||
Miller rejected an early offer of a lighter sentence in exchange for
|
||||
testifying against the others. "People think I was crazy for not taking
|
||||
that deal, but how could I take responsibility for all these people?" she
|
||||
said.
|
||||
|
||||
Bakersfield tree surgeon Roy Nokes, who spent $50,000 in a successful
|
||||
fight to clear his son and daughter-in-law of molestation charges in
|
||||
another case, said he thinks some innocent people who lacked the necessary
|
||||
financial resources accepted shorter jail terms after seeing the huge jury
|
||||
verdicts against those in the Pitts case and others. His son,
|
||||
daughter-in-law and others are suing a prosecutor and an investigator for
|
||||
the alleged harm done them and their families.
|
||||
|
||||
"They should be hit hard enough that they never do anything like this
|
||||
again," he said.
|
||||
|
||||
The Pitts case began in 1984 when Ricky Lynn Pitts, now 36 and a former
|
||||
truck driver and bartender, and his wife Marcella were accused of molesting
|
||||
Marcella's three sons by a previous marriage. The new wife of Marcella's
|
||||
ex-husband told authorities the boys had reported being molested during
|
||||
weekend visits to the Pittses' house on Sycamore Street.
|
||||
|
||||
Marcella Pitts, 34, serving a 373-year sentence in the case, said the
|
||||
wife of her ex-husband made false charges because "she knew I was going to
|
||||
fight for custody of those kids and she knew I'd win." But the boys'
|
||||
account led authorities to take custody of them as well as eight other
|
||||
children and, after weeks of interviews with the 11 children, to file
|
||||
molestation charges against the Pittses, Forsythe, Forsythe's husband Wayne
|
||||
(they have since divorced), Forsythe's mother Grace Dill, 55, Dill's son
|
||||
Wayne Dill Jr., 33, and Miller.
|
||||
|
||||
At the trial, some children said they were injected with drugs, forced
|
||||
to drink urine and alcohol and to engage in sex acts with adults and other
|
||||
children while as many as three cameras recorded the scene. In some cases,
|
||||
Ricky Pitts was accused of threatening children with being tied to a board
|
||||
hanging on the wall.
|
||||
|
||||
The seven defendants all insisted on their innocence, and four took and
|
||||
passed lie detector tests. But the prosecution produced testimony from a
|
||||
physician, Bruce Woodling, that there were signs of molestation in two
|
||||
children. The prosecution said it produced medical testimony on only these
|
||||
two because they were the only ones who denied being molested.
|
||||
|
||||
Many child witnesses were interviewed repeatedly by Carol Darling, the
|
||||
district attorney's child sexual abuse coordinator, before telling stories
|
||||
of abuse and agreeing to testify. Darling, who declined to comment on the
|
||||
case, retired on a disability pension last year for excessive mental and
|
||||
emotional stress.
|
||||
|
||||
Andrew Rubin, an attorney who represented Ricky Pitts, said he saw many
|
||||
inconsistencies in the children's testimony and thought it sounded as if it
|
||||
came from an outside source, but the jury seemed impressed by the medical
|
||||
testimony and one moment of courtroom drama.
|
||||
|
||||
A 6-year-old girl witness, whom Pitts said he had disciplined in the
|
||||
past, began screaming hysterically, "Don't let him get me! Don't let him
|
||||
kill me!" when she was asked to identify him at the defendants' table.
|
||||
Uncontrollable, she ran into the arms of Judge Friedman, who said after the
|
||||
trial he felt "she was definitely traumatized, as were the other children."
|
||||
|
||||
At that point in the trial, Rubin said, "I realized I was in serious
|
||||
trouble in this case."
|
||||
|
||||
The defendants began serving their sentences in the summer of 1985.
|
||||
Their continued protestations of innocence were largely ignored until
|
||||
Christina Hayes, now 14, Ricky Pitts' niece and the eldest of the child
|
||||
witnesses, had a conversation with her guardian's wife during the 1986
|
||||
Christmas season.
|
||||
|
||||
The wife, Mary Isabell, said she was concerned about the girl's hostile
|
||||
attitude and poor study habits. After a visit by Christina's grandfather,
|
||||
who firmly believed in the innocence of the Pitts defendants, Isabell
|
||||
invited Christina into her bedroom to discuss the trial.
|
||||
"I said, 'We have to talk about it,'" Isabell said in a taped interview
|
||||
with private investigator Denver Dunn, which is now part of the court
|
||||
record. "I told her, 'You have to tell me the truth. Good God, if it
|
||||
happened a little bit, not at all, a whole bunch, whatever happened, I need
|
||||
to know so that I can help you.'"
|
||||
|
||||
After thinking about it for a moment, Christina changed her story and
|
||||
said that nothing had happened. In the course of several days of talk with
|
||||
Robert Hayes, the guardian she refers to as her father, and with Isabell,
|
||||
she said her trial testimony had emerged from hours of interviews with
|
||||
social worker Carol Darling and other investigators, in which she was told
|
||||
accounts of what other children were saying. She said Darling told her some
|
||||
potentially violent friends of the Pitts family were out to do her harm.
|
||||
|
||||
"They told me that if I didn't cooperate they would take me away from my
|
||||
dad (Hayes) and put me in a foster home," Christina said in an interview
|
||||
conducted during a walk in her Bakersfield neighborhood with no other
|
||||
adults present. Her natural mother, Clovette Pitts, disappeared when the
|
||||
others were arrested.
|
||||
|
||||
Hayes said he believes Christina is now telling the truth and noted that
|
||||
her grades and general attitude have improved. But Jagels, the county
|
||||
district attorney, and other county investigators said her new story is
|
||||
false, perhaps concocted to relieve tension in the family. They emphasized
|
||||
her lengthy, detailed testimony on the stand, which defense attorneys point
|
||||
out consisted mostly of short, affirmative answers to detailed prosecution
|
||||
questions. Jagels said he thought it significant that she could not specify
|
||||
precisely where and when she heard the details of the molestations she
|
||||
testified to. Jagels also noted her recantation came shortly after she
|
||||
learned her grandmother, Grace Dill, had broken her leg in prison.
|
||||
|
||||
Three weeks after Christina Hayes changed her story, district attorney's
|
||||
investigator Tam Hodgson interviewed Windy Betterton, Forsythe's daughter,
|
||||
producing a transcript that is now in the court record:
|
||||
|
||||
Hodgson: "Okay. Those things that you testified to, are all of them
|
||||
true, some of them true, none of them true?"
|
||||
|
||||
Betterton: "None of them are true."
|
||||
|
||||
Her cousin, Sherril Boyd, told Hodgson that she had informed the girl of
|
||||
Christina Hayes' recantation and cautioned Windy to be sure she was telling
|
||||
the truth. Boyd said the girl began to cry, and then said "the people at
|
||||
the DA's office had kept asking, or saying over and over and over that they
|
||||
knew she had been molested. She had finally just made up something to keep
|
||||
them from questioning her anymore."
|
||||
|
||||
In the satanic cases, the attorney general's report criticized Kern
|
||||
County investigators for interviewing "victims repeatedly, covering old
|
||||
ground, reiterating other victims' statements, failing to question the
|
||||
children's statements, and urging them to name additional suspects and
|
||||
victims." Despite state guidelines against multiple interviews, one child
|
||||
in the satanic case "was interviewed 24 times by sheriff's deputies and a
|
||||
total of 35 times in the investigation," the report said.
|
||||
|
||||
Critics of the Kern County investigations, citing the attorney general's
|
||||
report, have focused on several other cases investigated about the same
|
||||
time by some of the same Kern County officials or by other officials using
|
||||
similar methods:
|
||||
|
||||
Scott and Brenda Kniffen and Alvin and Deborah McCuan, two couples with
|
||||
two small children each, were given prison terms of 240 to 268 years for
|
||||
molesting their children, despite evidence that some of the children had
|
||||
falsely accused other adults and had come under the influence of a mentally
|
||||
disturbed relative who resented some of the defendants. Prosecutors used
|
||||
testimony from Woodling that was challenged by David Paul, an
|
||||
internationally recognized child abuse expert.
|
||||
|
||||
David A. Duncan, a 39-year-old former oil field worker, was sent to
|
||||
prison for 60 years in 1984 on a molestation charge. Duncan was accused by
|
||||
child witnesses discovered during a sweep of a neighborhood in another
|
||||
investigation. The children were repeatedly interviewed before they
|
||||
testified, and testimony by a jail-house informant was also used against
|
||||
Duncan. He was released in late January after an appeals court reversed his
|
||||
conviction and the prosecutor dropped the charges.
|
||||
|
||||
Howard L. Weimer, a 65-year-old former automobile repair shop owner, has
|
||||
been in prison for a year after a woman he and his wife cared for as foster
|
||||
parents years before accused him of molesting her. Eventually sheriff's
|
||||
deputies, in part through lengthy interviews, found four other former
|
||||
foster children of the couple who made similar accusations. The trial judge
|
||||
imposed a 42-year sentence.
|
||||
|
||||
John A. Stoll, a 45-year-old former gas plant foreman, received a
|
||||
40-year sentence after being convicted of molestation on testimony from his
|
||||
son and some other children, including some who later recanted.
|
||||
|
||||
Many investigators and attorneys who handled Bakersfield child abuse
|
||||
cases in the early 1980s vigorously defend their actions and ridicule the
|
||||
attorney general's report. "It was just junk," former deputy district
|
||||
attorney Gindes said in an interview. He said he still believed the satanic
|
||||
cult accusations might have merit.
|
||||
|
||||
In a follow-up interview, Gindes denied criticizing the attorney
|
||||
general's attack on the satanic case investigation or saying he thought the
|
||||
satanic case might still have merit. He declined to say what his attitude
|
||||
toward the case was.
|
||||
|
||||
Carol Darling's husband Brad, a lieutenant in the Kern County sheriff's
|
||||
office, has continued to speak to church groups about his belief in some of
|
||||
the satanic charges. He told one group, according to a transcript, that his
|
||||
witnesses "described things that I can't fathom a child knowing about or
|
||||
learning on television." The Darlings declined to be interviewed.
|
||||
|
||||
Snedeker said an expert witness, University of California Irvine
|
||||
gynecologist R. David Miller, has concluded that the medical evidence used
|
||||
at the trial was meaningless. But appeals and new trials take time. Despite
|
||||
the widespread doubt about many of the Bakersfield molestation cases, the
|
||||
people sent to prison expect to be there for some time.
|
||||
Gina Miller said she is certain she will be free some day and thinks she
|
||||
can start a new life with her children in another state. Her friend Colleen
|
||||
Forsythe is less hopeful. When she is freed, she said, she may not try to
|
||||
retrieve her children from their new homes.
|
||||
|
||||
"I'm scared of kids. I'm scared to death of kids," she said. "I'm glad I
|
||||
can't have any more."
|
||||
|
||||
CAPTIONS: Gina Miller, of the defendants in the Bakersfield trial.
|
||||
Grace Dill, Marcella Pitts and Colleen Forsythe in prison.
|
||||
Christina Hayes, eldest of the child witnesses, has since recanted her
|
||||
testimony. LV witnesses, has since recanted her testimony. LV
|
||||
|
||||
NAMED PERSONS: MILLER, GINA; FORSYTHE, COLLEEN; PITTS, RICKY LYNN;
|
||||
PITTS, MARCELLA
|
||||
DESCRIPTORS: Child molestation; Trials; California ;^<0F> <00>\ PMODEM FON <00>^<5E><12> <00> <00>ABALON TXT <19> <13> 9* FORCE TXT <00><>
|
||||
84
textfiles.com/politics/blakquot.txt
Normal file
84
textfiles.com/politics/blakquot.txt
Normal file
@@ -0,0 +1,84 @@
|
||||
The following is a collection of quotes by BLACK Americans:
|
||||
|
||||
ROBERT C. MAYNARD (black, syndicated columnist)
|
||||
|
||||
"The underclass is a lawless, illiterate minority with zero
|
||||
regard for the common decencies of those more fortunate than
|
||||
they. (It is categorized by) masses of illiterate, untrained
|
||||
youth on the streets with abundant access to drugs and guns.
|
||||
(This is) our nation's future. Unless we begin to re-channel
|
||||
the energies and reshape the values of the youth of that
|
||||
underclass, none of us is safe. The burgeoning underclass is
|
||||
the social dynamite that threatens the stability of the entire
|
||||
society."
|
||||
|
||||
...
|
||||
|
||||
WILLIAM HOUGH (black, retired Army sergeant)
|
||||
|
||||
"We have been accusing whites of the very same offense for years.
|
||||
No there is no other ethnic group in America that seems more
|
||||
prejudiced than us blacks. And it is virtually destroying us as
|
||||
a race. The black media, the black leaders and our parents must
|
||||
share in the blame for this. What started out as black pride
|
||||
eventually turned into black racism. How can we see racism and
|
||||
prejudice in other races but fail to recognize it among ourselves?
|
||||
|
||||
We are constantly bombarded with negativism by our black press. For
|
||||
instance, we are fed depressing information about this wicked, one-
|
||||
sided society that we live in and that our chance of making it is
|
||||
almost nil.
|
||||
|
||||
We hear this same kind of negativism from family, friends, and
|
||||
neighbors. No wonder so many young blacks are turned off. We end
|
||||
up with an embittered and confused individual.
|
||||
|
||||
Black Supreme Court Justice Clarence Thomas, when he was chairman
|
||||
of the Equal Employment Opportunity Commission, charged that black
|
||||
leaders 'are sitting there watching the destruction of our race
|
||||
while they bitch, bitch, bitch about Ronald Reagan. Ronald Reagan
|
||||
isn't the problem. Jimmy Carter was not the problem. The lack of
|
||||
black leadership is the problem."
|
||||
|
||||
...
|
||||
|
||||
WALTER WILLIAMS (black professor at George Mason University)
|
||||
|
||||
"Civil rights organizations, once part of a proud struggle, have
|
||||
now squandered their moral authority. They are little more than
|
||||
race hustlers championing a racial spoils system. They no longer
|
||||
seek fair play and a color blind society. Their agenda is one of
|
||||
rights, where quota is king and colorblindness is viewed with
|
||||
contempt. Today's civil rights organizations differ only in degree
|
||||
,but not in kind, from white racist organizations past and present."
|
||||
|
||||
...
|
||||
|
||||
SHELBY STEELE (a black professor)
|
||||
|
||||
"A generation after the Watts riot and the passage of the Civil
|
||||
Rights Act of 1964, it is time for blacks to drop the crutch of
|
||||
racial victimization and rely on their own efforts to gain access
|
||||
to the American mainstream."
|
||||
|
||||
"The opportunities are there. Blacks have only to stop hiding
|
||||
behind racism and take advantage of them. While racism still exists,
|
||||
it is not what is holding back America's black people. Instead, the
|
||||
specter of racism has become a crippling fixation of blacks, a way
|
||||
not just to excuse failure but to avoid dealing with real problems.
|
||||
Victimization views white people as omnipotent. It is as though
|
||||
white people are in charge of our fate rather than ourselves. The
|
||||
sense of victimization has led blacks to rely on programs like
|
||||
affirmative action that both stem from and perpetuate their sense
|
||||
of being victims."
|
||||
|
||||
"The insistence on black victimization and white guilt sets in motion
|
||||
a never-ending and ultimately futile, inter-racial battle . . . that
|
||||
leaves us with an identity (as a victim) that is at war with our best
|
||||
interests, that magnifies our oppression and diminishes our sense of
|
||||
possibility."
|
||||
|
||||
"It did blacks no good to ignore their real fears and blame racism
|
||||
for all their failings. Blacks have tremendous possibilities, but
|
||||
if you think you're up against a white racism and your just a total
|
||||
victim of it, then you can't do anything except be mad."
|
||||
320
textfiles.com/politics/bookban.txt
Normal file
320
textfiles.com/politics/bookban.txt
Normal file
@@ -0,0 +1,320 @@
|
||||
|
||||
Censored Books
|
||||
|
||||
Responding to the Meese commission's official approval of pressure-group
|
||||
censorship, Waldenbooks staged a promotion featuring 52 volumes that had been
|
||||
"challenged, burned or banned somewhere in the United States in the last 15
|
||||
years." The titles and the reasons for outrage against these books are so
|
||||
astounding that we decided to publish the complete list.
|
||||
|
||||
THE BASTARD, by John Jakes.
|
||||
Removed from Montour (Pennsylvania) High School library, 1976.
|
||||
|
||||
BLOODLINE, by Sidney Sheldon.
|
||||
Challenged in Abingdon, Virginia, 1980;
|
||||
Elizabethton, Tennessee, 1981.
|
||||
|
||||
BRAVE NEW WORLD, by Aldous Huxley.
|
||||
Removed from classroom, Miller, Missouri, 1980.
|
||||
Challenged frequently throughout the U.S.
|
||||
|
||||
CARRIE, by Stephen King.
|
||||
Considered "trash" that is especially harmful for "younger girls."
|
||||
Challenged by Clark High School library, Las Vegas, Nevada, 1975.
|
||||
Placed on special closed shelf in Union High School library, Vergennes,
|
||||
Vermont, 1978.
|
||||
|
||||
THE CATCHER IN THE RYE, by J.D. Salinger.
|
||||
Considered "dangerous" because of vulgarity, occultism, violence and sexual
|
||||
content.
|
||||
Banned in Freeport High School, DeFuniak Springs, Florida, 1985.
|
||||
Removed from
|
||||
Issaquah, Washington, optional high school reading list, 1978;
|
||||
required reading list, Middleville, Michingan, 1979.;
|
||||
Jackson-Milton school libraries, North Jackson, Ohio, 1980;
|
||||
Anniston, Alabama, high school libraries, 1982.
|
||||
Challenged by Libby (Montana) High School, 1983.
|
||||
|
||||
CATCH-22, by Joseph Heller.
|
||||
Considered "dangerous" because of objectionable language.
|
||||
Banned in Strongsville, Ohio, 1972 (overturned in 1976).
|
||||
Challenged by Dallas, Texas, Independent School District high school
|
||||
libraries, 1974,
|
||||
Snoqualmie, Washington, 1979.
|
||||
|
||||
THE CLAN OF THE CAVE BEAR, by Jean M. Auel.
|
||||
Challenged by numerous public libraries.
|
||||
|
||||
A CLOCKWORK ORANGE, by Anthony Burgess.
|
||||
"Objectionable" language.
|
||||
Removed from
|
||||
Westport, Rhode Island, high school classrooms, 1977;
|
||||
Aurora, Colorado, high school classrooms, 1976;
|
||||
Anniston, Alabama, high school libraries, 1982.
|
||||
|
||||
THE COLOR PURPLE, by Alice Walker.
|
||||
Considered inappropriate because of its "troubling ideas about race relations,
|
||||
man's relationship to God, African history and human sexuality."
|
||||
Challenged by Oakland, California, high school honors class, 1984;
|
||||
rejected for purchase by Hayward, California, school trustees.
|
||||
|
||||
THE CRUCIBLE, by Arthur Miller.
|
||||
Considered dangerous because it contains "sick words from the mouths of
|
||||
demon-possessed people."
|
||||
Challenged by Cumberland Valley High School, Harrisburg, Pennsylvania,
|
||||
1982.
|
||||
|
||||
CUJO, by Stephen King.
|
||||
Profanity and strong sexual content cited as reasons for opposition.
|
||||
Banned by Washington County, Alabama, Board of Education, 1985;
|
||||
challenged by Rankin County, Mississippi, School District, 1984;
|
||||
removed from Bradford, New York, school library, 1985;
|
||||
rejected for purchase by Hayward, California, school trustees, 1985.
|
||||
|
||||
DEATH OF A SALESMAN, by Arthur Miller.
|
||||
Cited for profanity.
|
||||
Banned by Spring Valley Community High School, French Lick, Indiana,
|
||||
1981;
|
||||
challenged by Dallas, Texas, Independent School District high school
|
||||
libraries, 1974.
|
||||
|
||||
THE DEVIL'S ALTERNATE, by Frederick Forsyth.
|
||||
Removed by Evergreen School District, Vancouver, Washington, 1983.
|
||||
|
||||
THE DIARY OF A YOUNG GIRL, by Anne Frank.
|
||||
Objections to sexually offensive passages.
|
||||
Challenged by Wise County, Virginia, 1982;
|
||||
Alabama State Book Committee, 1983.
|
||||
|
||||
EAST OF EDEN, by John Steinbeck.
|
||||
Considered "ungodly and obscene."
|
||||
Removed from Anniston, Alabama, high school libraries, 1982;
|
||||
Morris, Manitoba, school libraries, 1982.
|
||||
|
||||
A FAREWELL TO ARMS, by Ernest Hemingway.
|
||||
Labeled as a "sex novel."
|
||||
Challenged by Dallas, Texas, Independent School District high school
|
||||
libraries, 1974;
|
||||
Vernon-Verona-Sherill, New York, School District, 1980.
|
||||
|
||||
FIRESTARTER, by Stephen King.
|
||||
Cited for "graphic descriptions of sexual acts, vulgar language and violence."
|
||||
Challenged by Campbell County, Wyoming, school system, 1983-1984.
|
||||
|
||||
FLOWERS FOR ALGERNON, by Daniel Keyes.
|
||||
Explicit, distasteful love scenes cited among reasons for opposition.
|
||||
Banned by Plant City, Florida, 1976;
|
||||
Emporium, Pennsylvania, 1977;
|
||||
Glen Rose (Arkansas) High School library, 1981.
|
||||
Challenged by Oberlin (Ohio) High School, 1983;
|
||||
Glenrock (Wyoming) High School, 1984.
|
||||
|
||||
FLOWERS IN THE ATTIC, by V.C. Andrews.
|
||||
Considered "dangerous" because it contains "offensive passages concerning
|
||||
incest and sexual intercourse."
|
||||
Challenged by Richmond (Rhode Island) High School, 1983.
|
||||
|
||||
FOREVER, by Judy Blume.
|
||||
Detractors cite its "four-letter words and [talk] about masturbation, birth
|
||||
control and disobedience to parents."
|
||||
Challenged by Midvalley Junior-Senior High School library, Scranton,
|
||||
Pennsylvania, 1982;
|
||||
Orlando, Florida, schools, 1982;
|
||||
Akron, Ohio, School District libraries, 1983;
|
||||
Howard-Suamico (Wisconsin) High School, 1983;
|
||||
Holdredge, Nebraska, Public Library, 1984;
|
||||
Cedar Rapids, Iowa, Public Library, 1984;
|
||||
Patrick County, Virginia, School Board, 1986;
|
||||
Park Hill (Missouri) South Junior High School library,
|
||||
1982.
|
||||
|
||||
THE GRAPES OF WRATH, by John Steinbeck.
|
||||
Considered "dangerous" because of obscene language and the unfavorable
|
||||
depiction of a former minister.
|
||||
Banned in Kanawha, Iowa, 1980; Morris, Manitoba, 1982.
|
||||
Challenged by Vernon-Verona-Sherill, New York, School District, 1980;
|
||||
Richford, Vermonth, 1991.(?)
|
||||
|
||||
HARRIET THE SPY, by Louise Fitzhugh.
|
||||
Considered "dangerous" because it "teaches children to lie, spy, back-talk
|
||||
and curse."
|
||||
Challenged by Xenia, Ohio, school libraries, 1983.
|
||||
|
||||
HUCKLEBERRY FINN, by Mark Twain.
|
||||
Considered "dangerous" because of objectionable language and "racist" terms
|
||||
and content.
|
||||
Challenged by Winnetka, Illinois, 1976;
|
||||
Warrington, Pennsylvania, 1981;
|
||||
Davenport, Iowa, 1981;
|
||||
Fairfax County, Virginia, 1982;
|
||||
Houston, Texas, 1982;
|
||||
State College, Pennsylvania, area school district
|
||||
1983;
|
||||
Springfield, Illinois, 1983
|
||||
Waukegan, Illinois, 1984.
|
||||
|
||||
I KNOW WHY THE CAGED BIRD SINGS, by Maya Angelou.
|
||||
Considered "dangerous" because it preaches "bitterness and hatred against
|
||||
whites."
|
||||
Challenged by Alabama State Textbook Committee, 1983.
|
||||
|
||||
GGIE'S HOUSE, by Judy Blume.
|
||||
Challenged by Caspar, Wyoming, school libraries, 1984.
|
||||
|
||||
IT'S OKAY IF YOU DON'T LOVE ME, by Norma Klein.
|
||||
Considered "dangerous" because it portrays "sex as the only thing on your
|
||||
people's minds."
|
||||
Banned in Haywood County, California, 1981.
|
||||
Removed by Widefield (Colorado) High School, 1983;
|
||||
Vancouver, Washington, School District, 1984.
|
||||
|
||||
THE LIVING BIBLE, by William C. Bower.
|
||||
Considered "dangerous" because it is "a perverted commentary on the King James
|
||||
Version."
|
||||
Burned in Gastonia, North Carolina, 1986.
|
||||
|
||||
LORD OF THE FLIES, by William Golding.
|
||||
Considered "demoralizing inasmuch as it implies that man is little more than
|
||||
an animal."
|
||||
Challenged by Dallas, Texas, Independent School District high school
|
||||
libraries, 1974;
|
||||
Sully Buttes (South Dakota) High School, 1981;
|
||||
Owen (North Carolina) High School, 1981;
|
||||
Marana (Arizona) High School, 1983;
|
||||
Olney, Texas, Independent School District, 1984.
|
||||
|
||||
LOVE IS ONE OF THE CHOICES, by Norma Klein.
|
||||
Removed from Evergreen School District, Vancouver, Washington, 1983.
|
||||
|
||||
THE MARTIAN CHRONICLES, by Ray Bradbury.
|
||||
Profanity and the use of God's name in vain sparked opposition to this novel.
|
||||
Challenged by Haines City (Florida) High School, 1982.
|
||||
|
||||
MATARESE CIRCLE, by Robert Ludlum.
|
||||
"Unnecessarily rough language and sexual descriptions" caused opposition to
|
||||
this novel.
|
||||
Restricted (to students with parental consent) by Pierce (Nebraska)
|
||||
High School, 1983.
|
||||
|
||||
THE MERCHANT OF VENICE, by William Shakespeare.
|
||||
Objections to purported anti-Semitism.
|
||||
Banned by Midland, Michigan, classrooms, 1980.
|
||||
|
||||
NINETEEN EIGHTY-FOUR, by George Orwell. Objections to pro- Communist material
|
||||
and explicit sexual matter.
|
||||
Challenged by Jackson County, Florida, 1981.
|
||||
|
||||
OF MICE AND MEN, by John Steinbeck.
|
||||
Considered "dangerous" because of its profanity and "vulgar language."
|
||||
Banned in Syracuse, Indiana, 1974;
|
||||
Oil City, Pennsylvania, 1977;
|
||||
Grand Blanc, Michigan, 1979;
|
||||
Continental, Ohio, 1980l
|
||||
Skyline High School, Scottsboro, Alabama, 1983.
|
||||
Challenged by Greenville, South Carolina, 1977;
|
||||
Vernon-Verona- Sherill, New York, School District, 1980;
|
||||
St. David, Arizona, 1981;
|
||||
Telly City, Indiana, 1982;
|
||||
Knoxville, Tennessee, School Board, 1984.
|
||||
|
||||
ONE DAY IN THE LIFE OF IVAN DENISOVICH, by Alexander Solzhenitsyn.
|
||||
Objectionable language.
|
||||
Removed by Milton (New Hampshire) High School library, 1976.
|
||||
Challenged by Mahwah, New Jersey, 1976;
|
||||
Omak, Washington, 1979;
|
||||
Mohawk Trail Regional High School, Buckland, Mass, 1981.
|
||||
|
||||
ONE FLEW OVER THE CUCKOO'S NEST, by Ken Kesey.
|
||||
Removed from required reading list by Westport, Massachusetts, 1977.
|
||||
Banned by Freemont High School, St. Anthony, Idaho. (Instructor was
|
||||
fired.)
|
||||
Challenged by Merrimack (New Hampshire) High School, 1982.
|
||||
|
||||
ORDINARY PEOPLE, bu Judith Guest.
|
||||
Called "obscene" and "depressing."
|
||||
Banned (temporarily) by Merrimack (New Hampshire) High School, 1982.
|
||||
|
||||
OTHERWISE KNOWN AS SHEILA THE GREAT, by Judy Blume.
|
||||
Challenged by Caspar, Whyoming, school libraries, 1984.
|
||||
|
||||
THE PIGMAN, by Paul Zindel.
|
||||
Considered "dangerous" because it features "liars, cheaters and stealers."
|
||||
Challenged by Hillsboro, Missouri, School District, 1985.
|
||||
|
||||
THE RED PONY, by John Steinbeck.
|
||||
Called a "filthy, trashy sex novel."
|
||||
Challenged by Vernon-Verona-Sherill, New York, School District, 1980.
|
||||
|
||||
THE SEDUCTION OF PETER S., by Lawrence Sanders.
|
||||
Called "blatantly graphic, pornographic and wholly unacceptable for a high
|
||||
school library."
|
||||
Burned by Stroudsburg (Pennsylvania) High School library, 1985.
|
||||
|
||||
A SEPARATE PEACE, by John Knowles.
|
||||
Detractors cite offensive language and sex as dangerous elements in this novel.
|
||||
Challenged by Vernon-Verona-Sherill, New York, School District, 1980;
|
||||
Fannett-Metal High School, Shippensburg, Pa, 1985.
|
||||
|
||||
THE SHINING, by Stephen King.
|
||||
Considered dangerous because it "contains violence and demonic possession and
|
||||
ridicules the Christian religion."
|
||||
Challenged by Campbell County, Wyoming, school system, 1983.
|
||||
Banned by Washington County, Alabama, Board of Education, 1985.
|
||||
|
||||
SILAS MARNER, by George Eliot.
|
||||
Banned by Union High School, Anaheim, California, 1978.
|
||||
|
||||
SLAUGHTERHOUSE-FIVE, by Kurt Vonnegut, Jr.
|
||||
Considered "dangerous" because of violent, irreverent, profane and sexually
|
||||
explicit content.
|
||||
Burned in Drake, North Carolina, 1973;
|
||||
Rochester, Michigan, 1972;
|
||||
Levittown, New York, 1975;
|
||||
North Jackson, Ohio, 1979;
|
||||
Lakeland, Florida, 1982.
|
||||
Barred from purchase by Washington Park High School, Racine, Wi, 1984.
|
||||
Challenged by Owensboro (Kentucky) High School library, 1985.
|
||||
|
||||
SUPERFUDGE, by Judy Blume. Disapproval based on "profane, immoral and
|
||||
offensive" content.
|
||||
Challenged by Caspar, Wyoming, school libraries, 1984;
|
||||
Bozeman, Montana, school libraries, 1985.
|
||||
|
||||
THAT WAS THEN, THIS IS NOW, by S.E. Hinton.
|
||||
Objections to "graphic language, subject matter, immoral tone and lack of
|
||||
literary quality."
|
||||
Challenged by Pagosa Springs, Colorado, 1983.
|
||||
|
||||
TO KILL A MOCKINGBIRD, by Harper Lee.
|
||||
Considered "dangerous" because of profanity and undermining of race relations.
|
||||
Challenged (temporaily banned) in Eden Valley, Minnesota, 1977;
|
||||
Vernon-Verona-Sherill, New York, School District, 1980;
|
||||
Warren, Indiana, township schools, 1981;
|
||||
Waukegan, Illinois, School District, 1984;
|
||||
Kansas City, Missouri, junior high schools, 1985;
|
||||
Park Hill (Missouri) Junior High School, 1985.
|
||||
Protested by black parents and NAACP in Casa Grande (Arizona)
|
||||
Elementary School District, 1985.
|
||||
|
||||
ULYSSES, by James Joyce.
|
||||
"Given its long history of censorship, ULYSSES has rarely been selected for
|
||||
high school libraries." -- Judith Krug, director, Office for Intellectual
|
||||
Freedom, American Library Association, 1986.
|
||||
|
||||
UNCLE TOM'S CABIN, by Harriet B. Stowe.
|
||||
Use of the word nigger caused opposition.
|
||||
Challenged by Waukegan, Illinois, School District, 1984.
|
||||
|
||||
WHERE THE SIDEWALK ENDS, by Shel Silverstein.
|
||||
Considered by opponents to undermine parental, school and religious authority.
|
||||
Pulled from shelves for review by Minot, North Dakota, public school
|
||||
libraries, 1986.
|
||||
Challenged by Xenia, Ohio, school libraries, 1983..
|
||||
|
||||
Sources for all of the above information: American Library Association
|
||||
RESOURCE BOOK FOR BANNED BOOK WEEK 1986 and the NEWSLETTER ON INTELLECTUAL
|
||||
FREEDOM, published by the Office for Intellectual Freedom. Complete
|
||||
documentation is available from the American Library Association.
|
||||
----------------------------
|
||||
-BB@VI/\617/527.0091/\14.4k-
|
||||
----------------------------
|
||||
52
textfiles.com/politics/boondogl.hum
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@@ -0,0 +1,52 @@
|
||||
ONLY THE BEST FOR UNCLE SAM
|
||||
|
||||
There has been entirely too much nattering about excessive prices paid by our
|
||||
government for things like hammers, toilet seats and coffee makers.
|
||||
|
||||
That's not to excuse such boondoggles It's just that we have all paid too much
|
||||
for something now and again -- why expect the government to be different?
|
||||
|
||||
Sure, the Defense Department itself probably has five million procurement
|
||||
specialists. But it's still a tough job to spend $300 billion or more just to
|
||||
keep our rockets pointed in the right direction and our military clothed, fed
|
||||
and shuttled around from post to post.
|
||||
|
||||
Lookit. You, over there in the back. Yes, you. You're complaining that a
|
||||
really good hammer costs about $20 at the neighborhood hardware store, right?
|
||||
But what about last Valentine's Day (which you had forgotten even though it's
|
||||
your wedding anniversary also)? Remember? You went out and paid $75 for a
|
||||
dozen red roses! Ha!
|
||||
|
||||
And YOU! You bought a perfectly fine new car last fall when the '85s came out
|
||||
for $17,500. Right. Now that same model is advertised for $12,498. Ha!
|
||||
|
||||
And what about your wife who ordered that nightie from Frederick's of Hollywood
|
||||
for $89 only to find the same thing on sale at Wal-Mart two weeks later for
|
||||
$6.99? Ha!
|
||||
|
||||
Let's get back to those 5 million procurement specialists for a sec'. Even if
|
||||
there were actually that many (and there aren't), each would have to personally
|
||||
spend about $6 million of the Defense budget in a year's time just to keep up.
|
||||
When was the last time YOU managed to spend $6 million? Most of us will have a
|
||||
hard time going through $500,000 in a lifetime. Half-a-million bucks A
|
||||
pittance.
|
||||
|
||||
I'll bet if you had to procure as much stuff with as much red tape as those
|
||||
civil and military people do, you'd have a boondoggle or two in your attic, too.
|
||||
|
||||
What about the time your whole family got together and decided to jointly buy
|
||||
that condo in Nicaragua? How long has it been since the Sandinista took it over
|
||||
for a command post? What is it they're paying you to rent it? Nothing?? Ha!
|
||||
|
||||
Turn the tables for a moment. Let's say you have to go out and buy a Star Wars
|
||||
-- er, Strategic Defense Initiative. They're not sold off the shelf like
|
||||
Cabbage Patch Kids, you know; they're custom made. Do you think the sheet metal
|
||||
fabricator who works in the back of that motorcycle shop down the road could
|
||||
come up with one any cheaper than what our government is going to pay? Heck,
|
||||
even George Lucas had to spend upwards of $10 million for all that clay and
|
||||
plastic stuff in his movies, and it's all fake.
|
||||
|
||||
Now, here's the most telling point of all: What was your tax bill last year?
|
||||
Three, four thousand? Ten grand? Did you get what you paid for? Will you
|
||||
EVER? That's gotta be the biggest boondoggle of them all. Ha!
|
||||
|
||||
588
textfiles.com/politics/bor-stat.txt
Normal file
588
textfiles.com/politics/bor-stat.txt
Normal file
@@ -0,0 +1,588 @@
|
||||
Feel free to copy this article far and wide, but please
|
||||
keep my name and this sentence on it.
|
||||
|
||||
|
||||
The Bill of Rights, a Status Report
|
||||
by Eric Postpischil
|
||||
|
||||
4 September 1990
|
||||
|
||||
6 Hamlett Drive, Apt. 17
|
||||
Nashua, NH 03062
|
||||
|
||||
edp@jareth.enet.dec.com
|
||||
|
||||
|
||||
How many rights do you have? You should check, because it
|
||||
might not be as many today as it was a few years ago, or
|
||||
even a few months ago. Some people I talk to are not
|
||||
concerned that police will execute a search warrant without
|
||||
knocking or that they set up roadblocks and stop and
|
||||
interrogate innocent citizens. They do not regard these as
|
||||
great infringements on their rights. But when you put
|
||||
current events together, there is information that may be
|
||||
surprising to people who have not yet been concerned: The
|
||||
amount of the Bill of Rights that is under attack is
|
||||
alarming.
|
||||
|
||||
Let's take a look at the Bill of Rights and see which
|
||||
aspects are being pushed on or threatened. The point here
|
||||
is not the degree of each attack or its rightness or
|
||||
wrongness, but the sheer number of rights that are under
|
||||
attack.
|
||||
|
||||
|
||||
Amendment I
|
||||
|
||||
Congress shall make no law respecting an
|
||||
establishment of religion, or prohibiting the
|
||||
free exercise thereof; or abridging the freedom
|
||||
of speech, or of the press; or the right of the
|
||||
people peaceably to assemble, and to petition the
|
||||
Government for a redress of grievances.
|
||||
|
||||
ESTABLISHING RELIGION: While campaigning for his first
|
||||
term, George Bush said "I don't know that atheists should
|
||||
be considered as citizens, nor should they be considered
|
||||
patriots." Bush has not retracted, commented on, or
|
||||
clarified this statement, in spite of requests to do so.
|
||||
According to Bush, this is one nation under God. And
|
||||
apparently if you are not within Bush's religious beliefs,
|
||||
you are not a citizen. Federal, state, and local
|
||||
governments also promote a particular religion (or,
|
||||
occasionally, religions) by spending public money on
|
||||
religious displays.
|
||||
|
||||
FREE EXERCISE OF RELIGION: Robert Newmeyer and Glenn
|
||||
Braunstein were jailed in 1988 for refusing to stand in
|
||||
respect for a judge. Braunstein says the tradition of
|
||||
rising in court started decades ago when judges entered
|
||||
carrying Bibles. Since judges no longer carry Bibles,
|
||||
Braunstein says there is no reason to stand -- and his
|
||||
Bible tells him to honor no other God. For this religious
|
||||
practice, Newmeyer and Braunstein were jailed and are now
|
||||
suing.
|
||||
|
||||
|
||||
FREE SPEECH: We find that technology has given the
|
||||
government an excuse to interfere with free speech.
|
||||
Claiming that radio frequencies are a limited resource, the
|
||||
government tells broadcasters what to say (such as news and
|
||||
public and local service programming) and what not to say
|
||||
(obscenity, as defined by the Federal Communications
|
||||
Commission [FCC]). The FCC is investigating Boston PBS
|
||||
station WGBH-TV for broadcasting photographs from the
|
||||
Mapplethorpe exhibit.
|
||||
|
||||
FREE SPEECH: There are also laws to limit political
|
||||
statements and contributions to political activities. In
|
||||
1985, the Michigan Chamber of Commerce wanted to take out
|
||||
an advertisement supporting a candidate in the state house
|
||||
of representatives. But a 1976 Michigan law prohibits a
|
||||
corporation from using its general treasury funds to make
|
||||
independent expenditures in a political campaign. In
|
||||
March, the Supreme Court upheld that law. According to
|
||||
dissenting Justice Kennedy, it is now a felony in Michigan
|
||||
for the Sierra Club, the American Civil Liberties Union, or
|
||||
the Chamber of Commerce to advise the public how a
|
||||
candidate voted on issues of urgent concern to their
|
||||
members.
|
||||
|
||||
FREE PRESS: As in speech, technology has provided another
|
||||
excuse for government intrusion in the press. If you
|
||||
distribute a magazine electronically and do not print
|
||||
copies, the government doesn't consider you a press and
|
||||
does not give you the same protections courts have extended
|
||||
to printed news. The equipment used to publish Phrack, a
|
||||
worldwide electronic magazine about phones and hacking, was
|
||||
confiscated after publishing a document copied from a Bell
|
||||
South computer entitled "A Bell South Standard Practice
|
||||
(BSP) 660-225-104SV Control Office Administration of
|
||||
Enhanced 911 Services for Special Services and Major
|
||||
Account Centers, March, 1988." All of the information in
|
||||
this document was publicly available from Bell South in
|
||||
other documents. The government has not alleged that the
|
||||
publisher of Phrack, Craig Neidorf, was involved with or
|
||||
participated in the copying of the document. Also, the
|
||||
person who copied this document from telephone company
|
||||
computers placed a copy on a bulletin board run by Rich
|
||||
Andrews. Andrews forwarded a copy to AT&T officials and
|
||||
cooperated with authorities fully. In return, the Secret
|
||||
Service (SS) confiscated Andrews' computer along with all
|
||||
the mail and data that were on it. Andrews was not charged
|
||||
with any crime.
|
||||
|
||||
FREE PRESS: In another incident that would be comical if
|
||||
it were not true, on March 1 the SS ransacked the offices
|
||||
of Steve Jackson Games (SJG); irreparably damaged property;
|
||||
and confiscated three computers, two laser printers,
|
||||
several hard disks, and many boxes of paper and floppy
|
||||
disks. The target of the SS operation was to seize all
|
||||
copies of a game of fiction called GURPS Cyberpunk. The
|
||||
Cyberpunk game contains fictitious break-ins in a
|
||||
futuristic world, with no technical information of actual
|
||||
use with real computers, nor is it played on computers.
|
||||
The SS never filed any charges against SJG but still
|
||||
refused to return confiscated property.
|
||||
|
||||
PEACEABLE ASSEMBLY: The right to assemble peaceably is no
|
||||
longer free -- you have to get a permit. Even that is not
|
||||
enough; some officials have to be sued before they realize
|
||||
their reasons for denying a permit are not Constitutional.
|
||||
|
||||
PEACEABLE ASSEMBLY: In Alexandria, Virginia, there is a
|
||||
law that prohibits people from loitering for more than
|
||||
seven minutes and exchanging small objects. Punishment is
|
||||
two years in jail. Consider the scene in jail: "What'd
|
||||
you do?" "I was waiting at a bus stop and gave a guy a
|
||||
cigarette." This is not an impossible occurrence: In
|
||||
Pittsburgh, Eugene Tyler, 15, has been ordered away from
|
||||
bus stops by police officers. Sherman Jones, also 15, was
|
||||
accosted with a police officer's hands around his neck
|
||||
after putting the last bit of pizza crust into his mouth.
|
||||
The police suspected him of hiding drugs.
|
||||
|
||||
PETITION FOR REDRESS OF GRIEVANCES: Rounding out the
|
||||
attacks on the first amendment, there is a sword hanging
|
||||
over the right to petition for redress of grievances.
|
||||
House Resolution 4079, the National Drug and Crime
|
||||
Emergency Act, tries to "modify" the right to habeas
|
||||
corpus. It sets time limits on the right of people in
|
||||
custody to petition for redress and also limits the courts
|
||||
in which such an appeal may be heard.
|
||||
|
||||
|
||||
Amendment II
|
||||
|
||||
A well regulated Militia, being necessary to the
|
||||
security of a free State, the right of the people
|
||||
to keep and bear Arms, shall not be infringed.
|
||||
|
||||
RIGHT TO BEAR ARMS: This amendment is so commonly
|
||||
challenged that the movement has its own name: gun
|
||||
control. Legislation banning various types of weapons is
|
||||
supported with the claim that the weapons are not for
|
||||
"legitimate" sporting purposes. This is a perversion of
|
||||
the right to bear arms for two reasons. First, the basis
|
||||
of freedom is not that permission to do legitimate things
|
||||
is granted to the people, but rather that the government is
|
||||
empowered to do a limited number of legitimate things --
|
||||
everything else people are free to do; they do not need to
|
||||
justify their choices. Second, should the need for defense
|
||||
arise, it will not be hordes of deer that the security of a
|
||||
free state needs to be defended from. Defense would be
|
||||
needed against humans, whether external invaders or
|
||||
internal oppressors. It is an unfortunate fact of life
|
||||
that the guns that would be needed to defend the security
|
||||
of a state are guns to attack people, not guns for sporting
|
||||
purposes.
|
||||
|
||||
Firearms regulations also empower local officials, such as
|
||||
police chiefs, to grant or deny permits. This results in
|
||||
towns where only friends of people in the right places are
|
||||
granted permits, or towns where women are generally denied
|
||||
the right to carry a weapon for self-defense.
|
||||
|
||||
|
||||
Amendment III
|
||||
|
||||
No Soldier shall, in time of peace be quartered
|
||||
in any house, without the consent of the Owner,
|
||||
nor in time of war, but in a manner to be
|
||||
prescribed by law.
|
||||
|
||||
QUARTERING SOLDIERS: This amendment is fairly clean so
|
||||
far, but it is not entirely safe. Recently, 200 troops in
|
||||
camouflage dress with M-16s and helicopters swept through
|
||||
Kings Ridge National Forest in Humboldt County, California.
|
||||
In the process of searching for marijuana plants for four
|
||||
days, soldiers assaulted people on private land with M-16s
|
||||
and barred them from their own property. This might not be
|
||||
a direct hit on the third amendment, but the disregard for
|
||||
private property is uncomfortably close.
|
||||
|
||||
|
||||
Amendment IV
|
||||
|
||||
The right of the people to be secure in their
|
||||
persons, houses, papers and effects, against
|
||||
unreasonable searches and seizures, shall not be
|
||||
violated, and no Warrants shall issue, but upon
|
||||
probable cause, supported by Oath or affirmation,
|
||||
and particularly describing the place to be
|
||||
searched, and the persons or things to be seized.
|
||||
|
||||
RIGHT TO BE SECURE IN PERSONS, HOUSES, PAPERS AND EFFECTS
|
||||
AGAINST UNREASONABLE SEARCHES AND SEIZURES: The RICO law
|
||||
is making a mockery of the right to be secure from seizure.
|
||||
Entire stores of books or videotapes have been confiscated
|
||||
based upon the presence of some sexually explicit items.
|
||||
Bars, restaurants, or houses are taken from the owners
|
||||
because employees or tenants sold drugs. In Volusia
|
||||
County, Florida, Sheriff Robert Vogel and his officers stop
|
||||
automobiles for contrived violations. If large amounts of
|
||||
cash are found, the police confiscate it on the PRESUMPTION
|
||||
that it is drug money -- even if there is no other evidence
|
||||
and no charges are filed against the car's occupants. The
|
||||
victims can get their money back only if they prove the
|
||||
money was obtained legally. One couple got their money
|
||||
back by proving it was an insurance settlement. Two other
|
||||
men who tried to get their two thousand dollars back were
|
||||
denied by the Florida courts.
|
||||
|
||||
RIGHT TO BE SECURE IN PERSONS, HOUSES, PAPERS AND EFFECTS
|
||||
AGAINST UNREASONABLE SEARCHES AND SEIZURES: A new law goes
|
||||
into effect in Oklahoma on January 1, 1991. All property,
|
||||
real and personal, is taxable, and citizens are required to
|
||||
list all their personal property for tax assessors,
|
||||
including household furniture, gold and silver plate,
|
||||
musical instruments, watches, jewelry, and personal,
|
||||
private, or professional libraries. If a citizen refuses
|
||||
to list their property or is suspected of not listing
|
||||
something, the law directs the assessor to visit and enter
|
||||
the premises, getting a search warrant if necessary. Being
|
||||
required to tell the state everything you own is not being
|
||||
secure in one's home and effects.
|
||||
|
||||
NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED
|
||||
BY OATH OR AFFIRMATION: As a supporting oath or
|
||||
affirmation, reports of anonymous informants are accepted.
|
||||
This practice has been condoned by the Supreme Court.
|
||||
|
||||
PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED AND
|
||||
PERSONS OR THINGS TO BE SEIZED: Today's warrants do not
|
||||
particularly describe the things to be seized -- they list
|
||||
things that might be present. For example, if police are
|
||||
making a drug raid, they will list weapons as things to be
|
||||
searched for and seized. This is done not because the
|
||||
police know of any weapons and can particularly describe
|
||||
them, but because they allege people with drugs often have
|
||||
weapons.
|
||||
|
||||
Both of the above apply to the warrant the Hudson, New
|
||||
Hampshire, police used when they broke down Bruce Lavoie's
|
||||
door at 5 a.m. with guns drawn and shot and killed him.
|
||||
The warrant claimed information from an anonymous
|
||||
informant, and it said, among other things, that guns were
|
||||
to be seized. The mention of guns in the warrant was used
|
||||
as reason to enter with guns drawn. Bruce Lavoie had no
|
||||
guns. Bruce Lavoie was not secure from unreasonable search
|
||||
and seizure -- nor is anybody else.
|
||||
|
||||
Other infringements on the fourth amendment include
|
||||
roadblocks and the Boston Police detention of people based
|
||||
on colors they are wearing (supposedly indicating gang
|
||||
membership). And in Pittsburgh again, Eugene Tyler was
|
||||
once searched because he was wearing sweat pants and a
|
||||
plaid shirt -- police told him they heard many drug dealers
|
||||
at that time were wearing sweat pants and plaid shirts.
|
||||
|
||||
|
||||
Amendment V
|
||||
|
||||
No person shall be held to answer for a capital,
|
||||
or otherwise infamous crime, unless on a
|
||||
presentment or indictment of a Grand Jury, except
|
||||
in cases arising in the land or naval forces, or
|
||||
in the Militia, when in actual service in time of
|
||||
War or public danger; nor shall any person be
|
||||
subject to the same offence to be twice put in
|
||||
jeopardy of life or limb; nor shall be compelled
|
||||
in any criminal case to be a witness against
|
||||
himself, nor be deprived of life, liberty, or
|
||||
property, without due process of law; nor shall
|
||||
private property be taken for public use without
|
||||
just compensation.
|
||||
|
||||
INDICTMENT OF A GRAND JURY: Kevin Bjornson has been
|
||||
proprietor of Hydro-Tech for nearly a decade and is a
|
||||
leading authority on hydroponic technology and cultivation.
|
||||
On October 26, 1989, both locations of Hydro-Tech were
|
||||
raided by the Drug Enforcement Administration. National
|
||||
Drug Control Policy Director William Bennett has declared
|
||||
that some indoor lighting and hydroponic equipment is
|
||||
purchased by marijuana growers, so retailers and
|
||||
wholesalers of such equipment are drug profiteers and
|
||||
co-conspirators. Bjornson was not charged with any crime,
|
||||
nor subpoenaed, issued a warrant, or arrested. No illegal
|
||||
substances were found on his premises. Federal officials
|
||||
were unable to convince grand juries to indict Bjornson.
|
||||
By February, they had called scores of witnesses and
|
||||
recalled many two or three times, but none of the grand
|
||||
juries they convened decided there was reason to criminally
|
||||
prosecute Bjornson. In spite of that, as of March, his
|
||||
bank accounts were still frozen and none of the inventories
|
||||
or records had been returned. Grand juries refused to
|
||||
indict Bjornson, but the government is still penalizing
|
||||
him.
|
||||
|
||||
TWICE PUT IN JEOPARDY OF LIFE OR LIMB: Members of the
|
||||
McMartin family in California have been tried two or three
|
||||
times for child abuse. Anthony Barnaby was tried for
|
||||
murder (without evidence linking him to the crime) three
|
||||
times before New Hampshire let him go.
|
||||
|
||||
COMPELLED TO BE A WITNESS AGAINST HIMSELF: Oliver North
|
||||
was forced to testify against himself. Congress granted
|
||||
him immunity from having anything he said to them being
|
||||
used as evidence against him, and then they required him to
|
||||
talk. After he did so, what he said was used to find other
|
||||
evidence which was used against him. The courts also play
|
||||
games where you can be required to testify against yourself
|
||||
if you testify at all.
|
||||
|
||||
COMPELLED TO BE A WITNESS AGAINST HIMSELF: In the New York
|
||||
Central Park assault case, three people were found guilty
|
||||
of assault. But there was no physical evidence linking
|
||||
them to the crime; semen did not match any of the
|
||||
defendants. The only evidence the state had was
|
||||
confessions. To obtain these confessions, the police
|
||||
questioned a 15-year old without a parent present -- which
|
||||
is illegal under New York state law. Police also refused
|
||||
to let the subject's Big Brother, an attorney for the
|
||||
Federal government, see him during questioning. Police
|
||||
screamed "You better tell us what we want to hear and
|
||||
cooperate or you are going to jail," at 14-year-old Antron
|
||||
McCray, according to Bobby McCray, his father. Antron
|
||||
McCray "confessed" after his father told him to, so that
|
||||
police would release him. These people were coerced into
|
||||
bearing witness against themselves, and those confessions
|
||||
were used to convict them.
|
||||
|
||||
COMPELLED TO BE A WITNESS AGAINST HIMSELF: Your answers to
|
||||
Census questions are required by law, with a $100 penalty
|
||||
for each question not answered. But people have been
|
||||
evicted for giving honest Census answers. According to the
|
||||
General Accounting Office, one of the most frequent ways
|
||||
city governments use census information is to detect
|
||||
illegal two-family dwellings. This has happened in
|
||||
Montgomery County, Maryland; Pullman, Washington; and Long
|
||||
Island, New York. The August 8, 1989, Wall Street Journal
|
||||
reports this and other ways Census answers have been used
|
||||
against the answerers.
|
||||
|
||||
COMPELLED TO BE A WITNESS AGAINST HIMSELF: Drug tests are
|
||||
being required from more and more people, even when there
|
||||
is no probable cause, no accident, and no suspicion of drug
|
||||
use. Requiring people to take drug tests compels them to
|
||||
provide evidence against themselves.
|
||||
|
||||
DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS
|
||||
OF LAW: This clause is violated on each of the items life,
|
||||
liberty, and property. Incidents including such violations
|
||||
are described elsewhere in this article. Here are two
|
||||
more: On March 26, 1987, in Jeffersontown, Kentucky,
|
||||
Jeffrey Miles was killed by police officer John Rucker, who
|
||||
was looking for a suspected drug dealer. Rucker had been
|
||||
sent to the wrong house; Miles was not wanted by police.
|
||||
He received no due process. In Detroit, $4,834 was seized
|
||||
from a grocery store after dogs detected traces of cocaine
|
||||
on three one-dollar bills in a cash register.
|
||||
|
||||
PRIVATE PROPERTY TAKEN FOR PUBLIC USE WITHOUT JUST
|
||||
COMPENSATION: RICO is shredding this aspect of the Bill of
|
||||
Rights. The money confiscated by Sheriff Vogel goes
|
||||
directly into Vogel's budget; it is not regulated by the
|
||||
legislature. Federal and local governments seize and
|
||||
auction boats, buildings, and other property. Under RICO,
|
||||
the government is seizing property without due process.
|
||||
The victims are required to prove not only that they are
|
||||
not guilty of a crime, but that they are entitled to their
|
||||
property. Otherwise, the government auctions off the
|
||||
property and keeps the proceeds.
|
||||
|
||||
|
||||
Amendment VI
|
||||
|
||||
In all criminal prosecutions, the accused shall
|
||||
enjoy the right to a speedy and public trial, by
|
||||
an impartial jury of the State and district
|
||||
wherein the crime shall have been committed,
|
||||
which district shall have been previously
|
||||
ascertained by law, and to be informed of the
|
||||
nature and cause of the accusation; to be
|
||||
confronted with the witnesses against him; to
|
||||
have compulsory process for obtaining Witnesses
|
||||
in his favor, and to have the assistance of
|
||||
counsel for his defence.
|
||||
|
||||
THE RIGHT TO A SPEEDY AND PUBLIC TRIAL: Surprisingly, the
|
||||
right to a public trial is under attack. When Marion Barry
|
||||
was being tried, the prosecution attempted to bar Louis
|
||||
Farrakhan and George Stallings from the gallery. This
|
||||
request was based on an allegation that they would send
|
||||
silent and "impermissible messages" to the jurors. The
|
||||
judge initially granted this request. One might argue that
|
||||
the whole point of a public trial is to send a message to
|
||||
all the participants: The message is that the public is
|
||||
watching; the trial had better be fair.
|
||||
|
||||
BY AN IMPARTIAL JURY: The government does not even honor
|
||||
the right to trial by an impartial jury. US District Judge
|
||||
Edward Rafeedie is investigating improper influence on
|
||||
jurors by US marshals in the Enrique Camarena case. US
|
||||
marshals apparently illegally communicated with jurors
|
||||
during deliberations.
|
||||
|
||||
OF THE STATE AND DISTRICT WHEREIN THE CRIME SHALL HAVE BEEN
|
||||
COMMITTED: This is incredible, but Manuel Noriega is being
|
||||
tried so far away from the place where he is alleged to
|
||||
have committed crimes that the United States had to invade
|
||||
another country and overturn a government to get him. Nor
|
||||
is this a unique occurrence; in a matter separate from the
|
||||
Camarena case, Judge Rafeedie was asked to dismiss charges
|
||||
against Mexican gynecologist Dr. Humberto Alvarez Machain
|
||||
on the grounds that the doctor was illegally abducted from
|
||||
his Guadalajara office in April and turned over to US
|
||||
authorities.
|
||||
|
||||
TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION:
|
||||
Steve Jackson Games, nearly put out of business by the raid
|
||||
described previously, has been stonewalled by the SS. "For
|
||||
the past month or so these guys have been insisting the
|
||||
book wasn't the target of the raid, but they don't say what
|
||||
the target was, or why they were critical of the book, or
|
||||
why they won't give it back," Steve Jackson says. "They
|
||||
have repeatedly denied we're targets but don't explain why
|
||||
we've been made victims." Attorneys for SJG tried to find
|
||||
out the basis for the search warrant that led to the raid
|
||||
on SJG. But the application for that warrant was sealed by
|
||||
order of the court and remained sealed at last report, in
|
||||
July. Not only has the SS taken property and nearly
|
||||
destroyed a publisher, it will not even explain the nature
|
||||
and cause of the accusations that led to the raid.
|
||||
|
||||
TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM: The courts
|
||||
are beginning to play fast and loose with the right to
|
||||
confront witnesses. Watch out for anonymous witnesses and
|
||||
videotaped testimony.
|
||||
|
||||
TO HAVE COMPULSORY PROCESS FOR OBTAINING WITNESSES: Ronald
|
||||
Reagan resisted submitting to subpoena and answering
|
||||
questions about Irangate, claiming matters of national
|
||||
security and executive privilege. A judge had to dismiss
|
||||
some charges against Irangate participants because the
|
||||
government refused to provide information subpoenaed by the
|
||||
defendants. And one wonders if the government would go
|
||||
to the same lengths to obtain witnesses for Manuel Noriega
|
||||
as it did to capture him.
|
||||
|
||||
TO HAVE THE ASSISTANCE OF COUNSEL: The right to assistance
|
||||
of counsel took a hit recently. Connecticut Judge Joseph
|
||||
Sylvester is refusing to assign public defenders to people
|
||||
ACCUSED of drug-related crimes, including drunk driving.
|
||||
|
||||
TO HAVE THE ASSISTANCE OF COUNSEL: RICO is also affecting
|
||||
the right to have the assistance of counsel. The
|
||||
government confiscates the money of an accused person,
|
||||
which leaves them unable to hire attorneys. The IRS has
|
||||
served summonses nationwide to defense attorneys, demanding
|
||||
the names of clients who paid cash for fees exceeding
|
||||
$10,000.
|
||||
|
||||
|
||||
Amendment VII
|
||||
|
||||
In Suits at common law, where the value in
|
||||
controversy shall exceed twenty dollars, the
|
||||
right of trial by jury shall be preserved, and no
|
||||
fact tried by a jury, shall be otherwise
|
||||
reexamined in any Court of the United States,
|
||||
than according to the rules of common law.
|
||||
|
||||
RIGHT OF TRIAL BY JURY IN SUITS AT COMMON LAW: This is a
|
||||
simple right; so far the government has not felt threatened
|
||||
by it and has not made attacks on it that I am aware of.
|
||||
This is our only remaining safe haven in the Bill of Rights.
|
||||
|
||||
|
||||
Amendment VIII
|
||||
|
||||
Excessive bail shall not be required, nor
|
||||
excessive fines imposed, nor cruel and unusual
|
||||
punishments inflicted.
|
||||
|
||||
EXCESSIVE BAIL AND FINES: Tallahatchie County in
|
||||
Mississippi charges ten dollars a day to each person who
|
||||
spends time in the jail, regardless of the length of stay
|
||||
or the outcome of their trial. This means innocent people
|
||||
are forced to pay. Marvin Willis was stuck in jail for 90
|
||||
days trying to raise $2,500 bail on an assault charge. But
|
||||
after he made that bail, he was kept imprisoned because he
|
||||
could not pay the $900 rent Tallahatchie demanded. Nine
|
||||
former inmates are suing the county for this practice.
|
||||
|
||||
CRUEL AND UNUSUAL PUNISHMENTS: House Resolution 4079
|
||||
sticks its nose in here too: "... a Federal court shall
|
||||
not hold prison or jail crowding unconstitutional under the
|
||||
eighth amendment except to the extent that an individual
|
||||
plaintiff inmate proves that the crowding causes the
|
||||
infliction of cruel and unusual punishment of that
|
||||
inmate."
|
||||
|
||||
CRUEL AND UNUSUAL PUNISHMENTS: A life sentence for selling
|
||||
a quarter of a gram of cocaine for $20 -- that is what
|
||||
Ricky Isom was sentenced to in February in Cobb County,
|
||||
Georgia. It was Isom's second conviction in two years, and
|
||||
state law imposes a mandatory sentence. Even the judge
|
||||
pronouncing the sentence thinks it is cruel; Judge Tom
|
||||
Cauthorn expressed grave reservations before sentencing
|
||||
Isom and Douglas Rucks (convicted of selling 3.5 grams of
|
||||
cocaine in a separate but similar case). Judge Cauthorn
|
||||
called the sentences "Draconian."
|
||||
|
||||
|
||||
Amendment IX
|
||||
|
||||
The enumeration in the Constitution, of certain
|
||||
rights, shall not be construed to deny or
|
||||
disparage others retained by the people.
|
||||
|
||||
OTHER RIGHTS RETAINED BY THE PEOPLE: This amendment is so
|
||||
weak today that I will ask not what infringements there are
|
||||
on it but rather what exercise of it exists at all? What
|
||||
law can you appeal to a court to find you not guilty of
|
||||
violating because the law denies a right retained by you?
|
||||
|
||||
|
||||
Amendment X
|
||||
|
||||
The powers not delegated to the United States by
|
||||
the Constitution, nor prohibited by it to the
|
||||
States, are reserved to the States respectively,
|
||||
or to the people.
|
||||
|
||||
POWERS RESERVED TO THE STATES OR THE PEOPLE: This
|
||||
amendment is also weak, although it is not so nonexistent
|
||||
as the ninth amendment. But few states set their own speed
|
||||
limits or drinking age limits. Today, we mostly think of
|
||||
this country as the -- singular -- United States, rather
|
||||
than a collection of states. This concentration of power
|
||||
detaches laws from the desires of people -- and even of
|
||||
states. House Resolution 4079 crops up again here -- it
|
||||
uses financial incentives to get states to set specific
|
||||
penalties for certain crimes. Making their own laws
|
||||
certainly must be considered a right of the states, and
|
||||
this right is being infringed upon.
|
||||
|
||||
|
||||
Out of ten amendments, nine are under attack, most of them
|
||||
under multiple attacks of different natures, and some of
|
||||
them under a barrage. If this much of the Bill of Rights
|
||||
is threatened, how can you be sure your rights are safe? A
|
||||
right has to be there when you need it. Like insurance,
|
||||
you cannot afford to wait until you need it and then set
|
||||
about procuring it or ensuring it is available. Assurance
|
||||
must be made in advance.
|
||||
|
||||
The bottom line here is that your rights are not safe. You
|
||||
do not know when one of your rights will be violated. A
|
||||
number of rights protect accused persons, and you may think
|
||||
it is not important to protect the rights of criminals.
|
||||
But if a right is not there for people accused of crimes,
|
||||
it will not be there when you need it. With the Bill of
|
||||
Rights in the sad condition described above, nobody can be
|
||||
confident they will be able to exercise the rights to which
|
||||
they are justly entitled. To preserve our rights for
|
||||
ourselves in the future, we must defend them for everybody
|
||||
today.
|
||||
814
textfiles.com/politics/breakaway_02.txt
Normal file
814
textfiles.com/politics/breakaway_02.txt
Normal file
@@ -0,0 +1,814 @@
|
||||
|
||||
Voila. Une miracle formidable! ;)))
|
||||
|
||||
Issue number two of Breakaway is here!
|
||||
|
||||
And this time, my Internet account won't make any trouble, 'cause
|
||||
I've got a brand new account. So be sure to test it by submitting to
|
||||
<vidarh@powertech.no> ;-)
|
||||
|
||||
By the way, a notice about the trouble with my account went out
|
||||
to about half of the subscribers. To those who didn't receive it:
|
||||
|
||||
- If you have asked me questions, and didn't get any replies,
|
||||
please mail me again.
|
||||
|
||||
- If you still haven't received issue #1, notify me.
|
||||
|
||||
Vidar Hokstad
|
||||
Editor
|
||||
|
||||
|
||||
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
BEGIN BREAKAWAY.002
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
B R E A K A W A Y
|
||||
|
||||
Debates on modern marxism
|
||||
|
||||
|
||||
-+*+-
|
||||
|
||||
|
||||
Issue no. 2, volume no. 1
|
||||
|
||||
|
||||
June/July 1994
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
CONTENTS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
(00) EDITORIAL
|
||||
|
||||
(01) column: WHAT'S UP?
|
||||
Some informal notes on issues we want to tell you about
|
||||
|
||||
(02) FIRST VICTIM OF THE REVOLUTION
|
||||
Another poem...
|
||||
|
||||
(03) AUGUST MEETING
|
||||
Red Forum needs a platform.
|
||||
|
||||
(04) column: A SEARCHLIGHT ON INTERNET
|
||||
Revolutionary resources on the information highway
|
||||
|
||||
(05) column: READERS COMMENTS
|
||||
got anything to say? do it here.
|
||||
|
||||
(06) series: FOR A NEW BEGINNING (1 of 2)
|
||||
a critique of secterianism
|
||||
|
||||
(07) GENERAL INFORMATION
|
||||
How and what to submit, how to contact us, etc.
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(00) EDITORIAL
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Finally. Summer's coming. At least it gets hotter in the air here
|
||||
up north.
|
||||
|
||||
So. Time to liven up. But where are we heading? How will we work
|
||||
to get a step or two closer towards our goals the last half of 1994?
|
||||
|
||||
For we can't just sit back and dream. Revolution won't grow on
|
||||
dreams.
|
||||
|
||||
Submissions might be one way to do something. Because unity can
|
||||
only be achieved if we know what other people think; if we know what
|
||||
we think ourselves.
|
||||
|
||||
By submissions, I'm naturally fishing for articles for Breakaway,
|
||||
but not only that. In general: Write, submit, make noise. If you write
|
||||
well, even bourgeois papers might occasionally print. And when they
|
||||
don't: Complain, call the editor, resubmit your piece to another,
|
||||
more progressive newspaper and tell them who didn't want to print it,
|
||||
and what excuse they gave.
|
||||
|
||||
It's worth a try. Even if the only result is that *one* reader
|
||||
takes the trouble of learning more about socialism.
|
||||
|
||||
It's up to you. Overflow your local newspaper with articles and
|
||||
comments. And if they don't publish, maybe we will...
|
||||
|
||||
Keep writing!
|
||||
|
||||
|
||||
Vidar Hokstad
|
||||
Editor
|
||||
|
||||
|
||||
BTW: I may not have made this clear enough before, so I make sure
|
||||
I do this time. The contents of this zine need not reflect the policy
|
||||
of Red Forum, even when I it's written by me. Unless an expressivly
|
||||
say so, the views presented are those of the author.
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(01) column: WHAT'S UP?
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
- Thursday 20th May, a meeting in the executive committee of the
|
||||
Norwegian Communist Party's (NKP) section in Oslo and Akershus
|
||||
declared to be in favor of supporting a computer project suggested
|
||||
by Red Forum / IC economically.
|
||||
|
||||
Suggested investments went up to 50.000 NOK (7500 USD), with
|
||||
RF/IC paying an additional 4000 USD over a 5 year period,
|
||||
allowing RF / IC to start it's own BBS with UUCP connection to
|
||||
USENET, in addition to using the system for DTP.
|
||||
|
||||
Unfortunately, on a meeting the 15th of June, the final decision
|
||||
were postponed until August. However, it is clear that RFIC will
|
||||
probably set up a UUCP site whatever the NCP decides.
|
||||
|
||||
On the meeting on the 15th, critique against the project was
|
||||
mainly directed towards the emphasis on information gathering
|
||||
through electronic media, and the role of RFIC. An important
|
||||
argument for the project is that the NCP will be unable to
|
||||
provide the same facilities for producing it's party news-
|
||||
paper without cooperation with RFIC.
|
||||
|
||||
|
||||
- Breakaway #1 was advertized in three rounds in a series of USENET
|
||||
conferences, and by June 28th, it had been distributed to
|
||||
subscribers from USA, Canada, UK, Norway, Australia, France,
|
||||
Spain, South-Africa, Ireland and Germany. I continued getting
|
||||
responses to one of the posts for more than 6 weeks after it
|
||||
was posted.
|
||||
|
||||
|
||||
- Bourgeois censorship? The postal strike[1] in northern Germany
|
||||
throughout this month was barely mentioned in Norwegian media. It
|
||||
was if the whole thing wasn't happening, and our only source for
|
||||
updated info turned out to be GermNews <germnews@vm.gmd.de> (news
|
||||
from Germany in German, edited by some guy in Berlin).
|
||||
|
||||
But really, we should've expected this. Telling people about
|
||||
the suggested "Postreform II", which in essence is the bourgeois
|
||||
forces in the Bundestags attempt at selling the entire German
|
||||
postal service to the highest-bidder, would certainly not
|
||||
increase the popularity of the European Union which our social-
|
||||
democratic government continues to insist is the best way to
|
||||
secure social-democratic values (Notice that they stopped saying
|
||||
"socialist values" about 15 years ago...).
|
||||
|
||||
Breakaway welcomes your comments on this and similar matters.
|
||||
Do you find news on the net or elsewhere which is ignored by
|
||||
bourgeoise newspapers and TV-stations? Tell us about it.
|
||||
|
||||
|
||||
- Norwegians: In a short time, if everything turn out the way we
|
||||
want to, we will be able to distribute selected articles from
|
||||
"Friheten" through e-mail. Mail me if you want to subscribe.
|
||||
This is meant to be the first step in providing material from
|
||||
leftist newspapers through e-mail, and in a few weeks several
|
||||
other revolutionary newspapers in Norway will receive the
|
||||
same offer.
|
||||
|
||||
Be sure to specify whether you only want to receive the index
|
||||
(to request selected articles later), or the full text.
|
||||
|
||||
We also welcome initiative from our subscribers when it
|
||||
comes to providing material from newspapers outside Norway.
|
||||
|
||||
|
||||
- Information about membership in Red Forum / IC can now
|
||||
be obtained from me. Request the file info/Membership.
|
||||
|
||||
|
||||
- Request submission guidelines by asking for the file
|
||||
info/Submissions
|
||||
|
||||
----
|
||||
[1] The German "postal" service includes the divisions "Postbank" and
|
||||
"Telecom" in addition to mail delivery, and have about 670.000
|
||||
employees.
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(02) FIRST VICTIM OF THE REVOLUTION
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
I saw a glimpse
|
||||
of our future tonight.
|
||||
|
||||
Misery were thrown toward my eyes,
|
||||
opression like today,
|
||||
but most of all a spark
|
||||
of hope.
|
||||
|
||||
In each and every
|
||||
socalled "home"
|
||||
man discussed his future.
|
||||
|
||||
|
||||
Misery forced him
|
||||
|
||||
into action.
|
||||
|
||||
|
||||
And as days went by in pain,
|
||||
there were each and every day
|
||||
another one
|
||||
that whispered in the dark
|
||||
a little,
|
||||
long forgotten,
|
||||
word.
|
||||
|
||||
But fear
|
||||
it brought
|
||||
when someone
|
||||
|
||||
in broad daylight
|
||||
|
||||
stood up straight and
|
||||
dared to scream
|
||||
|
||||
- Revolution
|
||||
|
||||
and was shot.
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(03) AUGUST MEETING
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
It is quite some time since Red Forum was formed, and it was
|
||||
decided to prepare a basic platform. Not much have been done, and now
|
||||
summer's threatening :-) Meetings close to summer vacation have to
|
||||
many times proved _impossible_... So, final decision concerning our
|
||||
platform have been postponed until August.
|
||||
|
||||
But that does not mean that we won't do any work before that.
|
||||
Presented here are some of the results of what have been done, with
|
||||
explanations of the circumstances under which it has been done.
|
||||
|
||||
We hereby invite all RF / IC members, as well as Breakaway readers,
|
||||
and others, to send us comments, alternative platforms (or just the
|
||||
platform of _your_ favorite organization), criticism etc. We promise
|
||||
that any input will be discussed at our meeting (unless we are drowning
|
||||
in documents...), and at least an extensive summary of what we receive
|
||||
will be published in Breakaway.
|
||||
|
||||
Since we plan to include as much as possible in Breakaway, and
|
||||
to make as much of what we can't include in Breakaway publicly
|
||||
accessibly by other means (from this autumn hopefully a series of
|
||||
listserv / mailserver services), to as wide a public as possible,
|
||||
we would prefer to receive documents in English, but if a) you have
|
||||
printed documents you think would be of interest, or b) you feel
|
||||
unable to express your ideas clear enough in English, we will at least
|
||||
read, and quite possibly also translate, documents received in French,
|
||||
German, Norwegian, Swedish and Danish.
|
||||
|
||||
Vidar Hokstad <vidarh@powertech.no>
|
||||
Red Forum / Internationalists Committee
|
||||
|
||||
|
||||
PS: Unfortunately, it has during my work on issue #2 of Breakaway
|
||||
become clear that the person that were supposed to provide us with a
|
||||
draft for discussion haven't been able to do so in time. The
|
||||
mauscript, or another draft, will therefore make it to Breakaway at
|
||||
earliest in time for Breakaway #3.
|
||||
|
||||
Because of this, this section may seems a litle strange. It was
|
||||
meant to include the draft, in addition to two or three other short
|
||||
pieces with comments, which all have been left out.
|
||||
|
||||
|
||||
|
||||
|
||||
VIDAR HOKSTAD: On the "Oslo meeting" in February
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
It was still winter, and cold. Colder than the last years. The
|
||||
streets were filled with snow, and walking out of the train station, I
|
||||
think we all wished we'd lived somewhere warmer.
|
||||
|
||||
We were fewer than expected as we reached the offices of the
|
||||
Norwegian Communist Party, where our meeting were to be held. Still
|
||||
the meeting was attended by members from a broad range of
|
||||
organisations.
|
||||
|
||||
The agenda of the meeting was nothing less than to form a new
|
||||
revolutionary organisation. It wasn't a new party we wanted to build,
|
||||
but an organisation that could try to unify through open debate, and
|
||||
to spread information about marxism to new people, outside our
|
||||
movement, and especially youth.
|
||||
|
||||
As in many other industrialized countries, the revolutionary left
|
||||
have since long been dying in Norway. After the maoist movement stopped
|
||||
attracting new youth in the middle of the seventies, almost no more
|
||||
members came, and the old ones literally started dying.
|
||||
|
||||
However, with Gorbachev, new hopes strated growing. Even though
|
||||
many of us, looking back, believe that Gorbachev was a lousy leader,
|
||||
he should still be admired for freeing the revolutionary movement of
|
||||
the curse which the Soviet union, and the "socialist" countries in
|
||||
eastern Europe have been.
|
||||
|
||||
Finally it was possible for us to talk freely about the sacred
|
||||
dogmas, the fanatical love directed towards the October revolution
|
||||
1917, the admiration of Stalin because of his warfare against Hitler
|
||||
(how could he not fight Hitler, a man who treatened his reign, a
|
||||
competitor for the "crown"?), without being insulted; being called
|
||||
petty-bourgeois, traitor, or "worse": Trotskyite.[1]
|
||||
|
||||
The main part of our meeting consisted of avoiding "difficult"
|
||||
matters. Red Forum was never meant to be an organisation with views
|
||||
about everything - the different parties and groups have thos views.
|
||||
Too many of them. We wanted an organisation open to everyone,
|
||||
everywhere, that accepts a basic platform, that consider themselves
|
||||
marxists and revolutionaries, that are consequent internationalists.
|
||||
|
||||
The firm programme, the strong party line, is not something that
|
||||
can be voted on by a small group. The revolutionary party, in my
|
||||
opinion an international party, can only be formed by uniting the
|
||||
existing movement, by bringing at least the majority of existing
|
||||
groups and tendencies together.
|
||||
|
||||
It will take years, but continuous debates internally in the
|
||||
movement will sooner or later bring the unity that is neccesary;
|
||||
an unity that will be forced upon us as the threat from capitalist
|
||||
regimes in crisis, scared capitalists, grow stronger.
|
||||
|
||||
One of the results of these principles were that we decided to
|
||||
wait before creating a thorough program. We agreed that instead,
|
||||
for a few months, giving us time to discuss, and to bring more
|
||||
people into the forum, the following would do:
|
||||
|
||||
- Red Forum is a forum for the discussion of Marxist theory and
|
||||
politics based on a revolutionary, internationlist foundation.
|
||||
|
||||
This is the foundation on which we invite new people to join
|
||||
Red Forum / IC (so let me se some new members now ;), and which
|
||||
provide a minimal basis for the work we have started doing. It is
|
||||
not a foundation that can give us easy solutions to the daily
|
||||
political struggle, but for this we have our respective parties.
|
||||
|
||||
It is a foundation which we hope will bring together, at first,
|
||||
a small, geographically and politically, widespread group of people
|
||||
to discuss new ways for the Marxist movement to escape from the
|
||||
secterianism that have polluted the left for decades.
|
||||
|
||||
Applications for membership are encouraged. No fees are charged
|
||||
at present, but expect this to change after the August meeting.
|
||||
|
||||
V.H.
|
||||
|
||||
----
|
||||
[1] But secteric organisations still claim to be a guiding light for us
|
||||
all here too. It's less than a month ago a member of "the ML group
|
||||
Revolution" published an article covering an entire A3 page in the NCP
|
||||
party newspaper, trying to insult me by calling me a "pettybourgeois
|
||||
trotskyite" after I had criticized Stalin in the same newspaper on the
|
||||
1st of May.
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(04) column: A SEARCHLIGHT ON INTERNET
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
* Pathfinder Press
|
||||
|
||||
GOPHER: ftp.std.com in '/Book Sellers'
|
||||
|
||||
Pathfinder Press specializes in publishing revolutionary and
|
||||
working-class leaders in their own words, including Malcolm X, Nelson
|
||||
Mandela, Che Guevara, Fidel Castro, Karl Marx and Frederick Engels.
|
||||
|
||||
It should be noted that Pathfinder is closely related to Militant
|
||||
if I'm not mistaken...
|
||||
|
||||
|
||||
* Book Stacks Unlimited Inc.
|
||||
|
||||
TELNET: books.com
|
||||
|
||||
Even though they're certainly not "progressive", it is possible
|
||||
to find quite a lot of books by leftist writers among their 270.000
|
||||
titles, even Marx. From my position, with the prices of books here
|
||||
in Norway, it seemed cheap.
|
||||
|
||||
|
||||
* Agora BBS
|
||||
|
||||
TELNET: agora.stm.it
|
||||
|
||||
BBS of the Italian Radical party, supporting 7 different languages.
|
||||
(English, French, German, Italian, Esperanto, Russian and Spanish If
|
||||
I remember correcly, It's a long time since I tested it). Even though
|
||||
the interface is cumbersome, the system might contain some useful
|
||||
information.
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(05) READERS COMMENTS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Notice that I will not usually reply to critique on political
|
||||
issues in the same issue as the letter is published. Replies will be
|
||||
published at _earliest_ the issue after the letter, however admin-
|
||||
istrative questions and comments, as well as direct questions to me
|
||||
will be answered at once.
|
||||
|
||||
Also, when you write to me, please state clearly whether your
|
||||
comment is a submission or not. If you don't, don't blame me if I
|
||||
don't treat them as you intended.
|
||||
|
||||
Ed.
|
||||
|
||||
|
||||
----
|
||||
To: Vidar
|
||||
From: Jack Hill <mlbooks@mercury.mcs.com>
|
||||
|
||||
Dear Vidar,
|
||||
|
||||
I still haven't had time to work up any real thorough critique of the
|
||||
first issue of Breakaway. However, I do have a few thoughts and
|
||||
comments that I would like to share with you.
|
||||
|
||||
Let me say first of all that roughly speaking I agree with your
|
||||
analysis of what is the situation facing Marxist theory and those who
|
||||
want to apply it to the current political and economic struggles. What
|
||||
I mean is that we agree that Marxism is essential for the liberation of
|
||||
the working class and all the oppressed; that it has been trampled on,
|
||||
distorted, and mutilated by a wide variety of forces who claimed to be
|
||||
communists; that we face a huge struggle to restore the good name of
|
||||
communism.
|
||||
|
||||
One place where I think we don't see completely eye to eye, is in how
|
||||
to characterize the regimes in Russia, Eastern Europe, China and
|
||||
elsewhere which abandoned Marxism (or in some cases, never followed
|
||||
it). You seem to want to call all these bureaucratic regimes
|
||||
"Stalinist". I'm not sure that is an adequate characterization. I do
|
||||
think they were all state capitalist regimes, but they varied quite a
|
||||
bit among themselves in terms of how they came to power, how they
|
||||
maintained it, to what extent they had popular support. Maoism is a
|
||||
revisionist theory but it is not the same as Stalinism. There are a
|
||||
lot of varieties of revisionism in the world and we have to look at all
|
||||
of them carefully. Another related point is that I think the evidence
|
||||
is clear that the Chinese revolution in particular produced substantial
|
||||
advances for the Chinese masses. In other words I think the Chinese
|
||||
revolution was a genuine popular revolution although the party which
|
||||
led it was not a proletarian Marxist-Leninist party. So that when we
|
||||
denounce Maoism, we are not denouncing the epic revolutionary struggle
|
||||
of the Chinese people.
|
||||
|
||||
Anyway, there is a lot of theoretical sorting out to do get rid of the
|
||||
mountains of historical garbage and re-establish a genuine, scientific
|
||||
and revolutionary Marxist theory. The Marxist-Leninist Party, in my
|
||||
opinion, did some very good historical research into some of these
|
||||
questions, but there are a lot more questions yet to be cleared up. As
|
||||
one example, comrades in Chicago did very extensive research into the
|
||||
women's movement and the struggles for women's liberation in early
|
||||
Soviet Russia. We will be publishing a book bringing together our
|
||||
articles and research in the next couple of months.
|
||||
|
||||
There is a lot more to be said on this but I don't have time right now.
|
||||
|
||||
I have a couple other less political comments. Personally I didn't
|
||||
care much for the poem you published. I prefer literature which more
|
||||
directly attacks the "system" in one way or another. Have you heard of
|
||||
Struggle magazine? I'll send you a copy in the mail. The editor and I
|
||||
have been politically associated for over 25 years.
|
||||
|
||||
The other point is not major and I'm not sure if I should ever mention
|
||||
it but I will. I don't want to sound too harsh or overly critical, but
|
||||
my point is that there were some spots in that first issue where the
|
||||
English could have been improved. All your main points came through
|
||||
clearly enough, so I don't want to make too big a deal out of this.
|
||||
But for maximum clarity, it could probably use a little more work.
|
||||
|
||||
So, good job! Hang in there. I'm looking forward to the next issue.
|
||||
|
||||
While I'm at it I will send you a couple other things that I didn't
|
||||
send you before. There is a May First leaflet we put out, an exchange
|
||||
I had on PNEWS Conferences about the dissolution of the MLP, and the
|
||||
editorial of Struggle magazine which I posted to PNEWS.
|
||||
|
||||
Keep up the struggle,
|
||||
Jack Hill
|
||||
|
||||
----
|
||||
Editors comments:
|
||||
|
||||
- When it comes to fiction, we'll probably annoy quite a few of you,
|
||||
because a lot of what we publish will be experimental in a lot of ways,
|
||||
and very much of it related to Cyberpunk. The reason? The taste of
|
||||
the editor, and the people I relate to, and "steal" material from.
|
||||
The only way to change this is by actually submitting...
|
||||
|
||||
So: All of you that write fiction, submit. That's the only way of
|
||||
increasing the diversity of this zine.
|
||||
|
||||
- When it comes to improving grammar and style, please feel free to
|
||||
comment. Especially help on which terms to use etc. will be
|
||||
appreciated, as translating texts on politics in general, and marxism
|
||||
in particular, demands quite a lot of terms that certainly can't be
|
||||
translated directly, and were it often is little help in a dictionary.
|
||||
|
||||
The problem is certainly not reduced by the fact that we have to
|
||||
rely on translations done entirely by people with English as their
|
||||
second language.
|
||||
|
||||
If anyone feel they can contribute: I would be extremely grateful
|
||||
if someone offers to read through material to check the language every
|
||||
now and then, or, even better, volunteer to help translating when (if)
|
||||
we get hold of material in languages you master.
|
||||
|
||||
|
||||
Apart from that? Well, I _will_ give my views with regards to Jack's
|
||||
other comments in the next issue, so watch out... ;)
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(06) FOR A NEW BEGINNING (1 of 2)
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
I received the following article from Dave Hollis some time ago, and
|
||||
even though the article is quite long, I decided to edit it only
|
||||
slightly. The unedited text is available on request. To let Dave
|
||||
himself tell you about the background (quoted from the message he
|
||||
sent me):
|
||||
|
||||
" The following article was written by myself for a conference of
|
||||
people who came out of a trotskyist organisation. Over 1.5 years ago I
|
||||
did so myself. The article is an attempt to elaborate experiences made
|
||||
in German and the UK on the questions of sectarianism and democratic
|
||||
centralism. "
|
||||
|
||||
|
||||
|
||||
|
||||
FOR A NEW BEGINNING
|
||||
|
||||
Written by Dave Hollis <ln_dho@pki-nbg.philips.de>
|
||||
Co-authored by Maggie McQuillan
|
||||
Please contact the author before republishing the article.
|
||||
|
||||
|
||||
|
||||
It is lamentable that he [Ted Grant] has allowed his political
|
||||
authority to be used by people whose main concern is not to
|
||||
clarify ideas but to cause the maximum damage to Militant.
|
||||
One unfortunate feature of political life is the spiteful urge
|
||||
of former activists to justify their defection by hurling
|
||||
allegations of heinous political crimes at their former
|
||||
comrades.
|
||||
(Militant, 24/1/1992)
|
||||
|
||||
The action to spread these lies outside the organisation, is a
|
||||
despicable attempt to sabotage our work, which arises from
|
||||
pure spite ...
|
||||
(A Reply to PBy, RWe, JG)
|
||||
|
||||
|
||||
|
||||
|
||||
The current developments in England come as no surprise to us. The
|
||||
decision we took to leave over a year and a half ago was based on the
|
||||
understanding that the new organisation was not fundamentally different
|
||||
from the old one. We realised and said then that it was only a
|
||||
question of time until a new split would take place. The formation of
|
||||
the "Democratic Platform" days after the world conference was only an
|
||||
harbinger of the events that were to follow.
|
||||
|
||||
I have avoided commenting up to now on the events taking place in the
|
||||
"Socialist Appeal". Although a pamphlet was dedicated to us and we
|
||||
were used as a stick to beat the "Democratic Platform" with, I chose to
|
||||
remain silent. It was not a case of being unable to answer the
|
||||
accusations and the points made, it was quite simply that I, and
|
||||
others, had put this sect behind us.
|
||||
|
||||
Given that a discussion is now beginning to take place on how one
|
||||
should go forward, I feel that the time is now appropriate to comment
|
||||
on the current events, relate our experiences and put forward what I
|
||||
consider has to be done. I recommend all Comrades to read the document
|
||||
Bruno wrote shortly after we left, "How and what must be Discussed".
|
||||
It contains a concise explanation of the state of thinking in Germany
|
||||
at that time and what we considered to be the next steps.
|
||||
|
||||
Before I go into details, I would like to put the question of Pat's
|
||||
role in Germany straight. Despite what the leaders of sect number two
|
||||
think or want to believe, there was no secret activity between the
|
||||
"Democratic Platform" and the German group. There was no one pulling
|
||||
our strings. In addition, anyone with a degree of political
|
||||
understanding could have seen that there were (and most probably are) a
|
||||
number of political disagreements between us.
|
||||
|
||||
An author is often betrayed by the language used when writing or
|
||||
speaking. This is very much case in the article "answering" Pat,
|
||||
Julian and Roy. For instance, why does the second sect talk about a
|
||||
"conspiracy"? Why do comrades act "in spite", and so on? It is
|
||||
necessary to look into the reasons why people react in such a way. For
|
||||
instance, why do members of such an organisation view those who leave
|
||||
as "betrayers" who, to add insult to injury, are also considered to be
|
||||
acting "in spite"?
|
||||
|
||||
The answer to these questions lies in understanding that we are dealing
|
||||
here with a typical behaviour of a sect.
|
||||
|
||||
|
||||
|
||||
SECTS
|
||||
|
||||
One thing that strikes me when thinking back to the definition of a
|
||||
sect in the Militant and Socialist Appeal, is the fact that a sect is
|
||||
defined by its inability to build a mass base. At best, this
|
||||
definition is only half the truth and at worse, it is totally false.
|
||||
|
||||
What characterises a sect is not its inability to build but its
|
||||
internal workings - how the members relate to each other, how they
|
||||
react to "outsiders", etc. A sect is a group of people who follow a
|
||||
particular teaching and consider every other teaching to be wrong and
|
||||
dangerous. To put it another way: a sect is the belief of a group of
|
||||
people that their "model" of how society is to be interpreted is the
|
||||
one and only truth.
|
||||
|
||||
This definition does not quite capture the real nature of a sect. What
|
||||
is also important is that psychological factors play the main role. A
|
||||
sect is held together by beliefs. Either you accept them and you are a
|
||||
member, otherwise you have no place within it. The loyalty to the
|
||||
organisation is not based on a conscious understanding of its aims, it
|
||||
is loyalty to the group. The members "function", they mostly do not
|
||||
act consciously. The smaller the organisation the greater the part
|
||||
played by psychological factors. It is no accident that such
|
||||
organisations have their idols and "great leaders". It is also no
|
||||
accident that the feeling of "us" and "them" was nurtured in Militant
|
||||
and Socialist Appeal. The "family feeling" is a prerequisite for the
|
||||
functioning of a sect.
|
||||
|
||||
The Jehovah Witnesses have their bible, a Marxist organisation has the
|
||||
works of Marx, Engels, Lenin, Trotsky or whoever.
|
||||
|
||||
This way of thinking leads unavoidably its members to considering those
|
||||
who disagree with their point of view to be "not loyal", "spiteful",
|
||||
out to cause damage, etc. Those who become "dissidents" are countered
|
||||
in the main by insults and not by arguments. For most of the members
|
||||
of Militant it was only necessary to put us into a particular
|
||||
compartment, accuse us of departing from Marxism and that was that -
|
||||
and it worked! In both sects we experienced this, I don't think I have
|
||||
to elaborate further.
|
||||
|
||||
One particular analogy that springs to mind is that of looking at
|
||||
membership of a sect as being like a marriage. To leave a sect is like
|
||||
getting divorced. It is neither easy, nor is it without pain.
|
||||
|
||||
As is the case with other subjects, there is still a lot that needs to
|
||||
be written on this. In passing, I would just like to mention the
|
||||
following aspects not discussed in this article: martyrdom, sacrifices
|
||||
for the cause and assimilation. They are worth an article in
|
||||
themselves. Unfortunately, time is pressing - I want to finish this
|
||||
article before your conference and not afterwards. One of the most
|
||||
painful but most interesting revelations for me was the discovery that
|
||||
the workings of a political and a religious sect are more less
|
||||
identical and that all "cadre" organisations I have met up to know
|
||||
operate in the same way.
|
||||
|
||||
At first I found it hard to believe this. Since leaving the second
|
||||
sect, however, I have spoken with a number of people who were also
|
||||
members of "cadre" organisations and have found out that the behaviour
|
||||
experienced was always strikingly similar.
|
||||
|
||||
I can imagine the howls of rage at such statements. I hope, however,
|
||||
that no one was offended. Whoever feels offended should think over
|
||||
very carefully why this is the case.
|
||||
|
||||
There are many obvious behaviours that indicate the presence of a
|
||||
political sect. A few examples: The inability to think for oneself,
|
||||
the repetition of the "line", blind loyalty, the inability to question
|
||||
a point of view, the "functioning" of the members, the inability to
|
||||
understand someone else's point of view.
|
||||
|
||||
Comrades who do not believe this should ask themselves a few questions:
|
||||
Did not the old organisations talk about their faith in the working
|
||||
class? What place does "faith" have for people who consider themselves
|
||||
to be "Marxists"? Either we are talking about a science or we are
|
||||
talking about a religion. It is necessary to decide which of the two
|
||||
possibilities we want. Why does the resolution on the founding of the
|
||||
new (old) International talk about being based on the first four
|
||||
congresses of the Communist International? Is it not obvious to anyone
|
||||
who claims to be a Marxist that resolutions passed over seventy years
|
||||
ago are very unlikely to have any bearing on the economical and
|
||||
political situation of today? The references to the writings of the
|
||||
'great teachers' are just as bad.
|
||||
|
||||
In passing, the attempt by such organisations to justify their program
|
||||
and actions by reference to such things or people is religious activity
|
||||
at its purest.
|
||||
|
||||
As we only know too well (see the resolution on the founding of the
|
||||
"International" passed at Tarrogona), an attempt is made to build a
|
||||
line of tradition backwards to particular "gurus" or whatever. The
|
||||
organisation stands at the front of this line as the natural
|
||||
continuation of the best traditions of the past. However, it is
|
||||
overseen that this is religion. Religion is re-ligio - a backwards
|
||||
connection to a mystical beginning.
|
||||
|
||||
Once a political organisation has laid claim to this "revolutionary
|
||||
continuity", the question of a programme's content is also solved.
|
||||
Either the timeless validity of programmes out of the past are insisted
|
||||
upon or parts of various programmes are eclectically thrown together.
|
||||
|
||||
I remember very clearly Ted not being happy with our idea in Germany of
|
||||
writing a new political program, i.e. a manifesto. "What do you need
|
||||
it for, you have the Transitional Programme" -as if the world had stood
|
||||
still for the past fifty years! It is no wonder that in such
|
||||
organisations practices characteristic of religious sects quickly
|
||||
manifest themselves ...
|
||||
|
||||
|
||||
...continued in Breakaway #3
|
||||
|
||||
|
||||
=======================================================================
|
||||
(07) GENERAL INFORMATION
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
A reduced "General Information" column from now on, not to use
|
||||
all the space repeating the same info...
|
||||
|
||||
Breakaway will be published as often as we have enough material.
|
||||
"Enough" is at present about 30kb of text, but this might increase
|
||||
if we get enough submissions. Under any circumstances we'll limit
|
||||
ourselves to 30kb until we reach one issue every two weeks. (Probably
|
||||
won't happen in your lifetime ;-)
|
||||
|
||||
The format is, as you can see, pure 7-bit ASCII.
|
||||
|
||||
|
||||
Do you:
|
||||
|
||||
- want to subscribe?
|
||||
- have an idea?
|
||||
- have a question?
|
||||
- want to submit, and want to know how?
|
||||
|
||||
|
||||
Just send us a message, preferably by e-mail, and we'll send you
|
||||
appropriate information as soon as possible. To ensure that we can
|
||||
reply, please include your e-mail address in the body of the message.
|
||||
|
||||
|
||||
|
||||
SOME BRIEF NOTES ON SUBMISSIONS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
* BREAKAWAY will accept articles from people belonging to all trends
|
||||
or ideologies related to marxism, or from people who are simply
|
||||
interested in marxist theory or practice.
|
||||
|
||||
* You should limit yourself to articles between 100 and 300 lines if
|
||||
possible (shorter pieces will naturally also be accepted). If you
|
||||
find that difficult, try to divide your article into shorter
|
||||
sections suitable for publishing over two to four issues.
|
||||
|
||||
* We will publish most articles or news reports we receive concerning
|
||||
marxist ideology, the actions of marxist organisations, or
|
||||
information of importance to the average revolutionary. Also
|
||||
fiction might be accepted (contact us for more info)
|
||||
|
||||
* We accept anonymous submissions. However, if you choose to do so,
|
||||
we would prefer if you give us a pseudonym to use as your
|
||||
signature.
|
||||
|
||||
|
||||
|
||||
How to contact Red Forum / Internationalists Committee:
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Editor : Vidar Hokstad
|
||||
E-mail : <vidarh@powertech.no>
|
||||
Snailmail : Boks 30, N-2001 Lillestroem, NORWAY
|
||||
Tel. : +47 638 170 35 (5pm to 9pm GMT)
|
||||
|
||||
=======================================================================
|
||||
Proletarians of all countries, unite!
|
||||
=======================================================================
|
||||
|
||||
END BREAKAWAY.002
|
||||
909
textfiles.com/politics/breakaway_03.txt
Normal file
909
textfiles.com/politics/breakaway_03.txt
Normal file
@@ -0,0 +1,909 @@
|
||||
|
||||
Again delayed...
|
||||
|
||||
This time partly on purpose. Finally we've gotten a listserver to
|
||||
take care of mailing out Breakaway, and I wanted to wait until it was all
|
||||
set up, so that I didn't have to mail out hundreds of issues manually
|
||||
again...
|
||||
|
||||
Vidar Hokstad <vidarh@powertech.no>
|
||||
Editor
|
||||
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
BEGIN BREAKAWAY.003
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
B R E A K A W A Y
|
||||
|
||||
Debates on modern marxism
|
||||
|
||||
|
||||
-+*+-
|
||||
|
||||
|
||||
Issue no. 3, volume no. 1
|
||||
|
||||
|
||||
August/September 1994
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
CONTENTS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
(00) EDITORIAL
|
||||
|
||||
(01) column: WHAT'S UP?
|
||||
Some informal notes on issues we want to tell you about
|
||||
|
||||
(02) STATE CAPITALISM AND STALINISM
|
||||
An attempt at a reply to Jack Hills letter in issue #2
|
||||
|
||||
(04) column: A SEARCHLIGHT ON INTERNET
|
||||
Revolutionary resources on the information highway
|
||||
|
||||
(05) column: ANNOUNCEMENTS
|
||||
Red Orange ?!? What's that?
|
||||
|
||||
(06) series: FOR A NEW BEGINNING (2 of 2)
|
||||
a critique of secterianism
|
||||
|
||||
(07) GENERAL INFORMATION
|
||||
How and what to submit, how to contact us, etc.
|
||||
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(00) EDITORIAL
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Thank you!
|
||||
|
||||
The last two months my mailbox have been overflowing. Allthough
|
||||
the number of submissions still is low, the amount of subscription
|
||||
requests, interesting info, and positive feedback mailed to me have
|
||||
been overwealming.
|
||||
|
||||
It is certainly enough socialists out on the net to justify this
|
||||
publication.
|
||||
|
||||
The beauty of the net, is the lack of distribution-problems due to
|
||||
geographical issues. For a truly international movement, the net is a
|
||||
blessing of similar importance today, as the railroad was when Marx and
|
||||
Engels wrote their famous _Manifesto_[1]. What before took years, can
|
||||
today be done in weeks - the human factor being the last barrier...
|
||||
|
||||
We are as users of the net witnessing capitalism create the
|
||||
ultimate tool for the working class to use. The final weapon to turn
|
||||
against them. An anarchic structure where the number of voices crying
|
||||
out their opinions into cyberspace is finally more important than the
|
||||
money of the bourgeoisie.
|
||||
|
||||
Watch the drama unfold, as capitalist companies struggle to make
|
||||
net access available to us all at low cost, so that we can turn it
|
||||
against them even more easily, or wither away as loosers in an ever
|
||||
hardening competition.
|
||||
|
||||
Look around you, and see virtual worlds, empires, of information,
|
||||
be created, live and die, in an accelerating cycle of "living
|
||||
knowledge" - the net is a medium in which a creation will never be
|
||||
finished, never will be finite, but always lies open for new
|
||||
exploration and new enhancements.
|
||||
|
||||
Enter the age of the virtual commune...
|
||||
|
||||
Vidar Hokstad
|
||||
Editor
|
||||
|
||||
|
||||
|
||||
----
|
||||
[1] "And that union, to attain which the burghers of the Middle Ages,
|
||||
with their miserable highways, required centuries, the modern
|
||||
proletarian, thanks to railways, achieve in a few years."
|
||||
|
||||
|
||||
=======================================================================
|
||||
(01) column: WHAT'S UP?
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
- After a few series of adverts on a series of USENET conferences
|
||||
and mailing-lists the numbers of subscribers practically went
|
||||
through the roof. On 1th of July, shortly after my first round of
|
||||
advertising for issue #2, 15 subscription requests arrived
|
||||
during my less than an hour online that day (and several more had
|
||||
arrived before I logged on), and that was only the beginning...
|
||||
|
||||
Breakaway is now distributed to subscribers in (sorted after
|
||||
numbers of subscribers) USA, UK, Canada, France, Norway, Germany,
|
||||
Ireland, Australia, South-Africa, Spain, Finland, New Zealand,
|
||||
Sweden and South-Korea!
|
||||
|
||||
Most of our subscribers (approx. 60%) comes from the US. Breakaway
|
||||
has also been uploaded to a few local BBS's around the world.
|
||||
|
||||
I would especially like to welcome our first subscriber in
|
||||
South-Korea, who, in spite of the political oppression, still
|
||||
takes the chance involved with subscribing to Breakaway. The
|
||||
South-Korean government have, as naby of you will know, a
|
||||
reputation for imprisoning revolutionaries, and I doubt they'd
|
||||
like Breakaway very much...
|
||||
|
||||
- Breakaway is now archived in the ftp archive at
|
||||
etext.archive.umich.edu in the directory /pub/Zines/Breakaway.
|
||||
Another archive is expected soon...
|
||||
|
||||
- Red Forum have recently gotten it's own gopher archive at the
|
||||
EDIN gopher. In addition to general information about Red Forum,
|
||||
the archive also contains material from Breakaway, and a pointer
|
||||
to the archive mentioned above. Try gopher to garnet.berkeley.edu,
|
||||
port 1520, 1521 or 1522, and select "13. Political Movements and
|
||||
Theory/", then "2. Socialist Political Groups/", and finally
|
||||
"3. Non-US Socialist Organizations/" to find us.
|
||||
|
||||
- I've adjusted the size of Breakaway up to approx. 40kb from this
|
||||
issue.
|
||||
|
||||
- The Red Forum meeting will be in late September or early October
|
||||
instead of August.
|
||||
|
||||
- Two mailing-lists have been set up. One for Breakaway, and another
|
||||
one as a discussion list for Breakaway subscribers and RFIC
|
||||
members.
|
||||
|
||||
The address is "majordomo@powertech.no". Send a message with
|
||||
"help" in the body to retrieve informations about the commands
|
||||
at your disposal, or use "lists" to get a list of all the lists
|
||||
administrated by Powertech (our service provider).
|
||||
|
||||
The discussion list may possibly not be set up correctly when you
|
||||
read this. I'll post a short notice to the Breakaway mailing list
|
||||
as soon as it is working. You will *NOT* be automatically
|
||||
subscribed to this list even if you subscribe to Breakaway.
|
||||
|
||||
- Breakaway is now also available on WWW. Select the URL
|
||||
"http://www.ifi.uio.no/~vidarh/" (my homepage) from Mosaic or Lynx,
|
||||
or go directly to the Breakaway archive by adding "Breakaway/" to
|
||||
the above URL. Starting with issue #4, most material will be
|
||||
available on the web before it is being mailed out, since it
|
||||
will be written in a custom SGML format, and converted to HTML
|
||||
(for WWW), ASCII, and AmigaGuide.
|
||||
|
||||
For more info about World Wide Web, send mail to info@cern.ch
|
||||
(automatic mailer)
|
||||
|
||||
The WWW editions will be _updated_ with current addresses, more
|
||||
links etc. However, no new entries will be added.
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(02) STATE CAPITALISM AND STALINISM
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
An attempt at a reply to Jack Hills letter in issue #2, and more... [1]
|
||||
|
||||
I agree that naming all regimes "Stalinist" without a closer
|
||||
examination, is to simple. But let me try to explain this
|
||||
simplification.
|
||||
|
||||
Jack stated, in my opinion correctly, that the Chinese revolution
|
||||
originated as a popular revolution despite the degeneration that
|
||||
followed it, and the party that led it. This is an assertion that
|
||||
seems to provide us with a major difference between the development in
|
||||
China and Russia, as there are differences between Stalinism, defined
|
||||
strictly as _Stalins theory and practice_, contrary to using Stalinism
|
||||
in a broad sense for denoting any state capitalist regime using
|
||||
communist symbolism, and Maoism.
|
||||
|
||||
And yes, Maoism is revisionistic where stalinism is reactionary.
|
||||
While Stalinism were in effect, with it's bureaucratic system, trying to
|
||||
reverse the process of building capitalism, Maoism was, at the time,
|
||||
a force of liberation.
|
||||
|
||||
Even the Russian revolution was a popular revolution, allthough the
|
||||
_October revolution_ did not have the support of the majority. In the
|
||||
same way as the great French revolution of 1789 didn't consist of just
|
||||
one attack on the establishment, but a series of struggles, the Russian
|
||||
revolution was a process that at least must be said to include the
|
||||
overthrowing of the Czar regime in February 1917, and later the October
|
||||
Revolution, but which could be extended in both directions: Towards
|
||||
the uprisings in 1905, and throughout the end of of Lenins life.
|
||||
|
||||
Or even further...
|
||||
|
||||
Some would even claim that the Russian revolution didn't finish it's
|
||||
task before the State-Capitalist regime was overthrown, and Russia
|
||||
finally got to experience the curse of developed capitalism in a
|
||||
"free market" environment.
|
||||
|
||||
My opinion is that this is going too far. As always, history has
|
||||
shown us some of it's innumerable variations, by providing us with a
|
||||
series of "socialist" revolutions which all degenerated into state
|
||||
capitalism. State capitalism has earned a position as an independent
|
||||
stage in the development of our world at a place where we before only
|
||||
knew the direct transition from feudalism to capitalism, as it had
|
||||
happened in the developed countries.
|
||||
|
||||
State capitalism has earned a position as an intermediate step on
|
||||
the underdeveloped countries way to capitalism, as socialism[2] by most
|
||||
communists are seen as an intermediate step on our way towards
|
||||
communism.
|
||||
|
||||
Again roughly simplified, Maoism played the role equivalent to the
|
||||
role of Leninism in Russia. In the same way as Leninism, Maoism was an
|
||||
adaption of Marxism to a severly underdeveloped, perhaps even non-existent
|
||||
capitalism. It meant the inclusion of the poor peasants into the proletariat,
|
||||
even though we have been able to witness how large parts of these peasants
|
||||
didn't share the interests of the proletariat.
|
||||
|
||||
There's a lot to criticize about both Lenin and Mao, but there's little
|
||||
doubt about their intent.
|
||||
|
||||
I don't feel I can say the same about Stalin. And it would be highly
|
||||
unfair to call Mao China's Stalin.
|
||||
|
||||
True, good intent is no excuse for oppression, but there _is_ a
|
||||
difference between unwillingly causing death by starvation, and organized,
|
||||
well planned, executions. There _is_ a difference between causing the
|
||||
creation of an oppressive regime by not foreseeing the consequences of
|
||||
what you do, and actually intentionally strenghtening oppression.
|
||||
|
||||
Still the errors of Mao _and_ Lenin must be openly discussed, and
|
||||
the crimes they _did_ commit condemned, as the actions of any revolutionary
|
||||
must be constantly under attack by ourselves - we can't expect to win a war
|
||||
against capitalism, if we don't dare to fight minor battles with our
|
||||
comrades of fear that we might be wrong.
|
||||
|
||||
But we must also we very aware about what we are doing, and be careful
|
||||
not to throw away the experiences, and ideas, that actually are worth using,
|
||||
and developing.
|
||||
|
||||
What about state capitalism, then?
|
||||
|
||||
Certainly there must be valuable experiences to be extracted from the
|
||||
state capitalist regimes, and conclusions to be made?
|
||||
|
||||
In opposition to some trends, I do not see state capitalism as a
|
||||
highly developed capitalism, ready for the socialist revolution, but
|
||||
as a backward regime created out of combining the political inheritance
|
||||
from a feudalist past with the awakening capitalist economic structures.
|
||||
|
||||
As such, the development in China, towards a market economy controlled
|
||||
by a highly totalitarian government is no surprise. Similar tendencies
|
||||
could be seen in Europe during the early years of capitalist economy.
|
||||
|
||||
We just hadn't a good word for it until recently[3]
|
||||
|
||||
History always repeats itself, but it has a bad memory. It never
|
||||
replicates the exact same patters over and over again. Like the
|
||||
Mandelbrot set of fractals: the further you move from your point of
|
||||
origin, the larger the differences, but changes never appear suddenly -
|
||||
the patterns seems to go through a slow metamorphosis.
|
||||
|
||||
The revolutions of China and Russia have many differences. But
|
||||
these are minor, cosmetic, differences. The main tendencies, the
|
||||
radicalisation, and then degenerisation, of a bourgeoisie revolution,
|
||||
are the same.
|
||||
|
||||
This tendency we find in every bourgeoisie revolution, but only
|
||||
in the underdeveloped countries the bourgeoisie is weak enough to let
|
||||
this radicalisation continue to a point where it causes the seizure
|
||||
of state power by a vanguardist minority _strong enough to keep it_.
|
||||
|
||||
We remember from the French Revolution of 1789 a phase of
|
||||
radicalisation. But this phase was ended by reactionary forces,
|
||||
creating another dictature, and thus it isn't suitable for the
|
||||
capitalists when they look for ways to fight communism.
|
||||
|
||||
They find their weapons in the "socialist" revolutions - the
|
||||
revolutions where the bourgeoisie finds regimes that looks like
|
||||
their visions of communism. For can their reign be ended without
|
||||
replacing it with _another_ oppressive force? And won't this force
|
||||
be the _state_? This is the nightmare the capitalists envision.
|
||||
|
||||
Their reign _will_ be replaced by new oppression. Not the state,
|
||||
or rather not the state as in bourgeoisie terminology. It will by
|
||||
neccessity be the dictatorship of the majority, of the proletariat.
|
||||
But it will also be the democracy of the many instead of the few.
|
||||
|
||||
Here lies the problems of the "socialist revolutions". Until
|
||||
now, they have been seizure of power by an elite - a minority - that
|
||||
haven't understood that the time had not yet come for socialism.
|
||||
|
||||
To build socialism in countries that lack most fundamental goods,
|
||||
that can't fulfill the basic needs of their populations, will
|
||||
inevitably end in oppression:
|
||||
|
||||
The vanguardist parties will always be haunted by people in search
|
||||
of power, by people that want more than their share. In a country
|
||||
where poverty rules, how can you escape poverty? By seizing power
|
||||
for yourself, by becoming emperor...
|
||||
|
||||
In a country with ONE party, or at least only one party with
|
||||
power, which party do you turn to if power is what you want?
|
||||
|
||||
|
||||
Vidar Hokstad <vidarh@powertech.no>
|
||||
|
||||
|
||||
----
|
||||
[1] Please note that the inclusion of Jack's letter in issue #2 was an
|
||||
error on my behalf - the letter was not meant to be published. However
|
||||
I've chosen still to comment on the issues he mentioned, because I find
|
||||
the problems he rises interesting. I would like to hear more opinions
|
||||
on these questions. Submissions are especially welcome, but write even
|
||||
if you don't want to submit (just make sure you state that clearly,
|
||||
so I don't mess up again...).
|
||||
|
||||
[2] That is, the political system, not the ideology or ideologies.
|
||||
|
||||
[3] It should also be noted that while early western capitalism
|
||||
certainly showed remarkable resemblances to state capitalism as the
|
||||
term is used here, there were also distinct differences - again the
|
||||
natural variations of history? Or are the differences more fundamental?
|
||||
I won't go into that now. Any comments?
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(04) column: A SEARCHLIGHT ON INTERNET
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
* CPUSA
|
||||
|
||||
E-MAIL: communistpty@igc.apc.com,
|
||||
pww@igc.apc.com (Peoples Weekly World)
|
||||
timwheeler@igc.apc.com (PWW editor Tim Wheeler)
|
||||
|
||||
Communist Party of USA. Publishes Peoples Weekly World, and the
|
||||
theoretical journal Political Affairs. Their youth organization is
|
||||
YCL - Young Communist League.
|
||||
|
||||
|
||||
|
||||
* Marxism (mailing-list)
|
||||
|
||||
E-MAIL: marxism-request@world.std.com (majordomo)
|
||||
marxism-approval@world.std.com (the list moderator)
|
||||
|
||||
The Marxism list have had a steady stream of messages, and have
|
||||
established itself as one of the more high-volume leftist lists.
|
||||
It's highly focused on academic questions, but should still provide
|
||||
interesting reading for others - at least you'd probably have no
|
||||
problems getting enough suggestions for what to read ;)
|
||||
|
||||
|
||||
|
||||
* Marxist Leninist Bookstore
|
||||
|
||||
E-MAIL: <mlbooks@mcs.com>
|
||||
|
||||
Jack Hill writes:
|
||||
|
||||
" Actually, this is just an e-mail address that
|
||||
the Chicago Workers' Voice (a small Marxist-Leninist political group
|
||||
in Chicago, formerly the Chicago branch of the Marxist-Leninist Party
|
||||
(USA) ) uses to exchange views and information on political issues.
|
||||
|
||||
We publish two periodicals: an agitational newsletter _The Chicago
|
||||
Workers' Voice_/_Voz Obrera_ in English and Spanish, and _The Chicago
|
||||
Workers' Voice Theoretical Journal_. I would certainly be willing to
|
||||
send anyone who requests it the text of our agitational articles. I
|
||||
can also inform anyone who asks what are the contents of our
|
||||
theoretical journal. Each issue runs about 240-250K so it would be hard
|
||||
to sent out the whole journal by e-mail, but I might be able to send
|
||||
individual articles if someone is really interested. Of course, if I
|
||||
start getting hundreds of requests, I may have to reconsider this offer.
|
||||
|
||||
M-L Books is an actual bookstore located in a storefront in the
|
||||
Mexican community of Chicago. We have been in this community for 15
|
||||
years. We have a wide variety of titles of Marx, Engels, and Lenin in
|
||||
English and Spanish. Our prices are generally low, since much of our
|
||||
stock was acquired years ago at low prices. I don't have a complete
|
||||
listing of our current stock with current prices, but if there is a
|
||||
title you want, let me know. We can probably help you.
|
||||
|
||||
Keep up the struggle.
|
||||
Jack Hill <mlbooks@mcs.com>"
|
||||
|
||||
|
||||
|
||||
* Committees of Correspondence
|
||||
|
||||
GOPHER: See the EDIN gopher below.
|
||||
LIST: cocdiscuss@garnet.berkeley.edu (The CocDiscuss list)
|
||||
newman@garnet.berkeley.edu (the list moderator)
|
||||
|
||||
|
||||
|
||||
* EDIN gopher
|
||||
|
||||
GOPHER: garnet.berkeley.edu (ports 1520/1521/1522)
|
||||
E-MAIL: newman@garnet.berkeley.edu (Nathan Newman)
|
||||
|
||||
The EDIN gopher is one of the main resources for revolutionary and
|
||||
other progressive groups on the Net. Apart from pointers to a wide range
|
||||
of leftist organization on the Internet, it contains massive information
|
||||
about human rights organizations, economics etc., and pointers to tons
|
||||
of other info. An absolute _must_. Red Forum can also be found here.
|
||||
|
||||
The maintainer, Nathan Newman, is highly active on Usenet, and also
|
||||
moderates the Committees of Correspondence discussion list - CocDiscuss.
|
||||
|
||||
|
||||
|
||||
* Partei des Demokratischen Sozialismus
|
||||
|
||||
GOPHER:
|
||||
USENET: cl.gruppen.pds
|
||||
E-MAIL: PDS-BLV@IPN-B.comlink.de (PDS Landesvorstand Berlin)
|
||||
|
||||
Notice that this entry is by no means complete. The PDS have an
|
||||
extensive list of e-mail addresses to a long range of local sections and
|
||||
members of their party. The few addresses mentioned here have been taken
|
||||
from the newsgroup "cl.gruppen.pds".
|
||||
|
||||
|
||||
|
||||
* Archiv fuer marxistische Theorie
|
||||
|
||||
EMAIL: CHRONIK@LINK-S.cl.sub.de
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(05) ANNOUNCEMENTS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
|
||||
RED ORANGE
|
||||
|
||||
A Marxist Triquarterly of Theory, Politics, and the Everyday
|
||||
|
||||
Robert A. Nowlan, Chief Editor
|
||||
Robert J. Cymbala, Managing Editor
|
||||
|
||||
|
||||
The inaugural issue of Red Orange will be published in the spring
|
||||
of 1995. Red Orange will contribute to the positive development of
|
||||
revolutionary Marxist knowledges of contemporary capitalist economics,
|
||||
politics, society, and culture. Red Orange will include critical,
|
||||
theoretical, and pedagogical articles of sustained length, as well as a
|
||||
dossier of briefer writings which deal with developments in popular
|
||||
consciousness and mass culture. Red Orange will produce work that is
|
||||
engaged in systematic investigation and explanation, and which is
|
||||
concerned with extending and developing revolutionary Marxist critical
|
||||
theory of capitalist society and culture. Red Orange will argue for the
|
||||
necessary theoretical and political priority of such concepts as class,
|
||||
class conflict and struggle, class consciousness, history, materiality,
|
||||
mode of production, forces and relations of production, labor,
|
||||
proletariat, revolution, socialism, communism, dialectics, ideology,
|
||||
theory, and critique.
|
||||
|
||||
The first issue of Red Orange will begin to investigate the broad
|
||||
topic of "Late Capitalism at the Fin-de-Siecle." This focus will
|
||||
continue throughout the first year as the second and third issues of Red
|
||||
Orange will (tentatively) focus upon the specific topics of market and
|
||||
commodity culture (issue two) and globality, globalism, and global
|
||||
post-ality (issue three) in fin-de-siecle late capitalism. We invite
|
||||
submissions for this first and for the subsequent second and third
|
||||
issues of Red Orange that focus on the development of revolutionary
|
||||
Marxist critical theory of, and intellectual-pedagogical intervention
|
||||
within, various institutions, discourses, practices, and social
|
||||
relations of fin-de-siecle late capitalism. We invite submissions from
|
||||
across the full range of traditional academic-intellectual
|
||||
"disciplines." We are also particularly interested in articles which
|
||||
will address the related question -- in the course of their
|
||||
investigation of fin-de-siecle late capitalist economics, politics,
|
||||
society, and culture -- of How and Why, on the Advent of the
|
||||
Twenty-First Century, the Revolutionary Socialist Transformation of
|
||||
Capitalism into Communism is -- Still -- Possible and -- Still --
|
||||
Necessary.
|
||||
|
||||
Texts and inquiries should be addressed to Red Orange, Post Office
|
||||
Box 1055, Tempe, AZ, 85280-1055, U.S.A.
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(06) FOR A NEW BEGINNING (2 of 2)
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Written by Dave Hollis <ln_dho@pki-nbg.philips.de>
|
||||
Co-authored by Maggie McQuillan
|
||||
Please contact the author before republishing the article.
|
||||
|
||||
|
||||
... continued from Breakaway #2
|
||||
|
||||
Democratic Centralism
|
||||
|
||||
Democratic centralism is usually justified by saying that it originates
|
||||
out of the organisation the workers give themselves in struggle.
|
||||
Leaving aside for a moment that its historical roots were completely
|
||||
different, let me try and examine the concept as such.
|
||||
|
||||
Instinctively, the idea of democratically deciding and then acting
|
||||
together is very appealing - at least in the cases when one is fighting
|
||||
the class enemy. For a revolutionary organisation, however, democratic
|
||||
centralism has meant and means something else.
|
||||
|
||||
Democratic centralism is usually defined as being "freedom of
|
||||
discussion and unity of action". This definition, taken from Lenin
|
||||
himself, doesn't tell the whole story. A democratic centralist
|
||||
organisation is based on a separation of the task of leadership from
|
||||
the task of carrying out the decisions. This separation takes the
|
||||
form, in the best case, of a yearly election of a central or national
|
||||
committee.
|
||||
|
||||
Whatever name this committee may have, I think that no one will
|
||||
contradict me in saying that it has the right to lead the organisation
|
||||
and take decisions in its name which are then binding on the members.
|
||||
|
||||
Before going into the ramifications of such powers, it is very
|
||||
important to note that such a division of labour is nothing more than a
|
||||
reproduction of the capitalist model of parliamentary democracy in a
|
||||
workers' organisation. Instead of the majority leading the
|
||||
organisation we have the majority drawing up the leaders. As is the
|
||||
case with parliamentary elections when electing MPs, the rank and file
|
||||
does not lead an organisation and the people do not lead parliament
|
||||
because the leaders are elected at regular intervals.
|
||||
|
||||
The effects of the separation described above are not at first glance
|
||||
apparent. To understand them it is necessary to not only investigate
|
||||
the practical consequences of democratic centralism on the workings of
|
||||
a political organisation, but also to look into what effects it has on
|
||||
the minds of the members.
|
||||
|
||||
As experienced in the previous two sects, democratic centralism
|
||||
required of the members that they put forward its programme and
|
||||
policies when working within the movement. This makes it very
|
||||
difficult for the members to question and develop differing ideas to
|
||||
those internally agreed.
|
||||
|
||||
One could of course counter by saying that one can discuss anything
|
||||
with anyone. However it should be obvious that members will feel
|
||||
"obliged" to put forward the "line" in public and not develop ones
|
||||
ideas in a dialogue with the workers. A tendency can and will develop
|
||||
that engenders conformity, something very unhealthy for a revolutionary
|
||||
organisation. Furthermore, it is very easy for a feeling to develop of
|
||||
"us" and "them" - something we have already had more than enough
|
||||
experience of in the past. The underlying processes at work here are
|
||||
by no means easy to depict. Attitudes are shaped by an organisation
|
||||
but an organisation is also shaped by attitudes. Cause and effect will
|
||||
change places more than once
|
||||
|
||||
Ideas when taken up by people become a material force in their own
|
||||
right. Separating the overwhelming majority of the members from the
|
||||
decision making process has consequences that go a lot further than
|
||||
depicted up to now.
|
||||
|
||||
A tendency will develop, as is the case in almost any workers'
|
||||
organisation, of loyalty and acceptance of the leaders. Those who
|
||||
decide will also be those who appear to be competent in the eyes of the
|
||||
members. If the organisation grows, i.e. it is successful, the
|
||||
position of the leadership will be strengthened, a bureaucracy can then
|
||||
develop. If the organisation declines, it is by no means said that the
|
||||
leadership will be weakened [1]. How often in the history of the labour
|
||||
movement have leaderships survived bad decisions because of the loyalty
|
||||
of the members? Leaderships of Stalinist organisations, for example,
|
||||
have often committed great crimes against their members and still
|
||||
survived to tell the story!
|
||||
|
||||
Looking through the documents of the factional struggle within
|
||||
Militant, it immediately becomes apparent that the force of ideas were
|
||||
by no means sufficient to break the loyalty built up in the leadership.
|
||||
Loyalty to a leadership - be it blind or conscious - is poison for a
|
||||
revolutionary organisation. This point has to be seen in context of
|
||||
what I wrote above on sectarianism and the psychological background of
|
||||
loyalty.
|
||||
|
||||
The development of loyalties, the inability to question ideas, to
|
||||
understand differing ideas shows that democratic checks, as important
|
||||
as they undoubtedly are, are in now way sufficient to prevent an
|
||||
organisation from degenerating. To put it another way, there is always
|
||||
a need for democratic checks when the organisation in question has un-
|
||||
democratic traits in it right from the word go!
|
||||
|
||||
Bureaucratic centralism, or bureaucratism in general, begins with the
|
||||
separation of the leaders from the rest, i.e. those who carry out the
|
||||
decisions. As soon as no active control takes place - be it due to the
|
||||
structure of the organisation or because the members do not want to -
|
||||
bureaucratism will be the result. It must be the result.
|
||||
|
||||
Up till now, I have looked into the effects of democratic centralism in
|
||||
the organisation itself. I would like to now portray how democratic
|
||||
centralism affects the political work in the movement. In passing, it
|
||||
should be obvious that the criticisms of democratic centralism are, in
|
||||
a slightly modified form, just as applicable and relevant to the
|
||||
organisations of the labour movement, i.e. the trade unions and the
|
||||
Labour Party.
|
||||
|
||||
The discussion on the merits or otherwise of democratic centralism are
|
||||
by no means new. Both Rosa Luxemburg and Leon Trotsky criticized in
|
||||
detail, and independently of each other, Lenin's organisation concept.
|
||||
Rosa Luxemburg's contribution appeared in English under the title
|
||||
Organizational Question of Russian Social Democracy. Although the
|
||||
translation is terrible, the translator managed to get the meaning more
|
||||
or less across - the article is well worth a read. Trotsky's pamphlet,
|
||||
Our Political Tasks, was published in 1904 in Russian and also
|
||||
translated in 1970 into German.
|
||||
|
||||
One of Trotsky's criticisms of Lenin's organisation concept concerned
|
||||
the question of self-activity, i.e. the ability of the working class
|
||||
to act by itself. In Lenin's concept this self-activity was given
|
||||
narrow bounds.
|
||||
|
||||
In contrast, Trotsky saw the main task of the Social Democracy as being
|
||||
one of stimulating and fostering this self-activity. Trotsky saw in
|
||||
Lenin's plans an obstacle for the development of political
|
||||
consciousness of the proletariat. Moreover he saw the danger that the
|
||||
party, due to its not legitimated claim to hegemony with regard to the
|
||||
working class and the resulting strict separation from the proletariat,
|
||||
taking up such a sectarian position that the proletariat could turn its
|
||||
back on the party at the decisive moment.
|
||||
|
||||
Lenin's formal centralism would not lead to its declared aim, the
|
||||
strengthening of the party, but, instead, to the danger of the
|
||||
separation of the working class from the party. Trotsky saw the
|
||||
guarantee for the party's stability "in an active and self-active
|
||||
participating proletariat and not in its organisational head".
|
||||
|
||||
Trotsky counterposed to democratic centralism the concept of
|
||||
democratic centralisation, i.e. a centralisation from below. In his
|
||||
view, this centralisation can only be the majority will of the rank
|
||||
and file organisations, which exercise a continuous control over their
|
||||
delegates. To give a flavor and the direction of Trotsky's
|
||||
criticisms, here are a few passages from his pamphlet:
|
||||
|
||||
|
||||
|
||||
"The system of political substitution is, as is the system of
|
||||
'economistic' simplification, derived consciously or
|
||||
unconsciously from a 'sophistic' understanding of the
|
||||
relationship of the objective interests of the proletariat to its
|
||||
consciousness. Marxism teaches that the interests of the
|
||||
proletariat are determined by its objective conditions of
|
||||
existence. These interests are so imperious that they in the end
|
||||
cause the proletariat to transfer them into the area of its
|
||||
consciousness, i.e. to reach its objective interests by its
|
||||
subjective needs. Between both these factors - the objective
|
||||
factor of its class interests and its subjective consciousness -
|
||||
lies, in reality unavoidable, road of knocks and blows, mistakes
|
||||
and disappointments, vicissitudes and defeats. For the tactical
|
||||
wisdom of the party of the proletariat, the whole task lies
|
||||
between these two planes, it consists in shortening and
|
||||
facilitating the road from the one to another."
|
||||
|
||||
|
||||
"... If the Economists do not lead in this way the proletariat
|
||||
because it trots behind them, the 'politicians' also do not lead
|
||||
the proletariat because they are themselves looking to perform
|
||||
their duties. If the Economists shirk their colossal tasks by
|
||||
devoting themselves to a modest role, to march at the tail of
|
||||
history, the 'politicians' solve the question by making history
|
||||
to its own tail..."
|
||||
|
||||
|
||||
"We revolutionize the masses badly or well (mostly badly) by
|
||||
waking in them their elementary political instincts. However, as
|
||||
long as it is the question of the complex tasks of transforming
|
||||
these instincts into the conscious efforts of a political working
|
||||
class determined by the class itself, we resort to the short and
|
||||
simplified methods of the thoughts of standing in for others and
|
||||
substitution.
|
||||
|
||||
In the internal politics of the party, these methods lead, as we
|
||||
will see, to the party organisation replacing the party itself,
|
||||
the CC replacing the party's organisation and finally a dictator
|
||||
replacing the CC; furthermore, these methods lead to the
|
||||
committees creating and abolishing the 'lines', while 'the people
|
||||
remain silent'. In the external politics, these methods appear
|
||||
in the attempts to exert pressure on other social organisations,
|
||||
not by the real power of the proletarian conscious of its own
|
||||
interests but by the abstract power of the class interests of the
|
||||
proletariat."
|
||||
|
||||
|
||||
"We are speaking of the absolute necessity of the creation of
|
||||
party members, of conscious social democrats, not, however, of
|
||||
simple skilled 'detail workers'- and one answers us: 'That goes
|
||||
without saying'. What does that mean? For whom does 'that' go
|
||||
without saying? Does 'that' go without saying in the context of
|
||||
our party work, i.e. does the creation of political thinking
|
||||
party comrades an absolute, integral part of it?"
|
||||
|
||||
|
||||
"Every thought that promotes the technical principle of the
|
||||
division of labour to the principle of social democratic
|
||||
organisation, consciously or unconsciously acquires the final
|
||||
unavoidable consequence: the separation of consciousness and
|
||||
implementation, the separation of social democratic thought from
|
||||
technical functions by means of which these thoughts must
|
||||
necessarily be realised. The 'organisation of professional
|
||||
revolutionaries', more precisely its head, appears as the centre
|
||||
of social democratic consciousness and underneath this centre,
|
||||
the disciplined executors of technical functions are to be
|
||||
found."
|
||||
|
||||
|
||||
|
||||
Originally, I planned at this point to look into the historical
|
||||
background of democratic centralism in some detail. Due to lack of
|
||||
time, I can only skirt over the subject. If enough interest is
|
||||
present, I can into this subject in some detail.
|
||||
|
||||
If one reads 'What is to be Done', Lenin states clearly that his
|
||||
organisational model stems from a terrorist organisation, 'Land and
|
||||
Freedom'. Moreover, his ideas were based on an amalgamation of the
|
||||
Marxism of the 2. International (in particular the German Marxism of
|
||||
Kautsky) with the traditions of the Russian revolutionary
|
||||
intelligentsia.
|
||||
|
||||
The idea taken directly from Kautsky that the proletariat is only
|
||||
capable of developing a trade union consciousness and therefore the
|
||||
bourgeois intelligentsia, collected in the Social Democracy, is
|
||||
required to 'bring in' a socialist consciousness into the working
|
||||
class, determined Lenin's organisational concept.
|
||||
|
||||
Despite the fact that Lenin modified his views on this subject under
|
||||
pressure from without, the organisational principles derived from this
|
||||
false understanding of the question of socialist consciousness
|
||||
remained. The idea that the ideas of socialism are not to be explained
|
||||
by the material conditions but instead are to viewed as a question of
|
||||
science, higher morals and a successful propaganda activity, have since
|
||||
this time bedevilled the labour movement.
|
||||
|
||||
The ideas of separating out the tasks of leadership, i.e. the
|
||||
separation detailed above, also have their roots in this false
|
||||
understanding of the question of socialist consciousness. Instead of
|
||||
it being a question of the working class being able to free itself from
|
||||
the chains of capitalism, this mentality leads to this question being
|
||||
reduced to a technical problem that can only be solved by technicians.
|
||||
Slowly, surely and unavoidably, the whole concept of socialism is
|
||||
robbed of its human content: "We have the solution and you have to put
|
||||
it into practice". Having experienced this way of thinking more than
|
||||
once and over a long period of time, I think I can say that this way of
|
||||
thinking was prevalent in the sects.
|
||||
|
||||
|
||||
|
||||
Instead of a conclusion
|
||||
|
||||
It is easy to criticize, it is easy to know better. I was tempted -
|
||||
despite the shortness of time available to me - to pick up on a number
|
||||
of points made in the documents for your national meeting. What struck
|
||||
me on reading them however, is that it is very unclear as to what you
|
||||
consider to be your tasks.
|
||||
|
||||
The road to hell is paved with good intentions. What sort of
|
||||
organisation is required and for what purpose? It is stated in the
|
||||
document Establishing a new Tradition that there is a tremendous
|
||||
political vacuum existing in the current world situation.
|
||||
Unfortunately, it is much more than a vacuum. The ideas of socialism,
|
||||
i.e. that the workers can take charge of society, have been
|
||||
discredited and most probably for a whole historical period. The
|
||||
rediscovery of these ideas can only take place over a long period of
|
||||
time. As we have already said in Germany, it is not even clear whether
|
||||
these new ideas will acquire the name "Socialism".
|
||||
|
||||
What alternatives are there going to be, how they are going to look,
|
||||
etc. will only result from a long period of discussion in and with the
|
||||
labour movement and also by learning from experiences. One very
|
||||
important part of these discussions will undoubtedly be a reappraisal
|
||||
of the history of the labour movement and its ideas. This reappraisal
|
||||
will require socialists having to leave no stone unturned and really
|
||||
questioning things we have always taken for granted.
|
||||
|
||||
From what I have said in the article as a whole, revolutionaries will
|
||||
have to take more account of a number of things that it has never
|
||||
really done to any great degree in the past. Life has changed a lot
|
||||
since the "great teachers". Either one has to learn to come to terms
|
||||
with this fact and draw the necessary conclusions otherwise how things
|
||||
will end up will be clear right from the word go - sect No. 3!
|
||||
|
||||
To hold comrades together just on the basis of ideas is not going to be
|
||||
a simple task. Once the pressure is off, those comrades who have
|
||||
missed out on life up to know will want to catch up. Some, or perhaps
|
||||
many, will leave politics altogether.
|
||||
|
||||
Life is no longer going to be rosy or easy. There are no simple
|
||||
solutions and to call for the nationalization of the top 200 monopolies
|
||||
at every appropriate and inappropriate occasion is not going to help
|
||||
either. Only by understanding what went wrong in the past and why it
|
||||
went wrong, is it possible to build for the future. The form and
|
||||
content this will take are still very unclear - if we recognize this
|
||||
fact, there is a chance that we can do it better. But only if we do
|
||||
so!
|
||||
Dave Hollis, 15.4.94
|
||||
|
||||
|
||||
P.S. This document was written in a hurry and under pressure from an
|
||||
ongoing struggle against redundancies. It would have been impossible
|
||||
to have written it without the help and critical comments of Maggie
|
||||
McQuillan, who agrees with the main lines of argument and conclusions.
|
||||
In this sense, the document should be considered to have been co-
|
||||
authored by her. All grammatical mistakes, mis-spellings, etc. are,
|
||||
of course my responsibility.
|
||||
|
||||
|
||||
----
|
||||
[1] In fact, often the leadership have been _strengthened_, since it
|
||||
generally is the opposition that leaves the organisation first, leaving
|
||||
the sinking ship in an even worse condition than before. Editors remark
|
||||
|
||||
|
||||
|
||||
=======================================================================
|
||||
(07) GENERAL INFORMATION
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Breakaway will be published as often as we have enough material.
|
||||
"Enough" is at present about 40kb of text, but this might increase
|
||||
if we get enough submissions. Under any circumstances we'll try to
|
||||
limit ourselves to 40kb until we reach one issue every two weeks.
|
||||
(Probably won't happen in your lifetime ;-)
|
||||
|
||||
The format is, as you can see, pure 7-bit ASCII.
|
||||
|
||||
|
||||
Do you:
|
||||
|
||||
- want to subscribe?
|
||||
- have an idea?
|
||||
- have a question?
|
||||
- want to submit, and want to know how?
|
||||
|
||||
|
||||
Just send us a message, preferably by e-mail, and we'll send you
|
||||
appropriate information as soon as possible. To ensure that we can
|
||||
reply, please include your e-mail address in the body of the message.
|
||||
|
||||
|
||||
|
||||
SOME BRIEF NOTES ON SUBMISSIONS
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
* BREAKAWAY will accept articles from people belonging to all trends
|
||||
or ideologies related to marxism, or from people who are simply
|
||||
interested in marxist theory or practice.
|
||||
|
||||
* You should limit yourself to articles between 100 and 300 lines if
|
||||
possible (shorter pieces will naturally also be accepted). If you
|
||||
find that difficult, try to divide your article into shorter
|
||||
sections suitable for publishing over two to four issues.
|
||||
|
||||
* We will publish most articles or news reports we receive concerning
|
||||
marxist ideology, the actions of marxist organisations, or
|
||||
information of importance to the average revolutionary. Also
|
||||
fiction might be accepted (contact us for more info)
|
||||
|
||||
* We accept anonymous submissions. However, if you choose to do so,
|
||||
we would prefer if you give us a pseudonym to use as your
|
||||
signature.
|
||||
|
||||
|
||||
|
||||
How to contact Red Forum / Internationalists Committee:
|
||||
-----------------------------------------------------------------------
|
||||
|
||||
Editor : Vidar Hokstad
|
||||
E-mail : <vidarh@powertech.no>
|
||||
Snailmail : Boks 30, N-2001 Lillestroem, NORWAY
|
||||
Tel. : +47 638 170 35 (5pm to 9pm GMT)
|
||||
|
||||
=======================================================================
|
||||
Proletarians of all countries, unite!
|
||||
=======================================================================
|
||||
|
||||
END BREAKAWAY.003
|
||||
1114
textfiles.com/politics/brnrec.txt
Normal file
1114
textfiles.com/politics/brnrec.txt
Normal file
File diff suppressed because it is too large
Load Diff
382
textfiles.com/politics/bugs.txt
Normal file
382
textfiles.com/politics/bugs.txt
Normal file
@@ -0,0 +1,382 @@
|
||||
from the Amnet Civil Liberties BBS, Chicago
|
||||
-------------------------------------------
|
||||
|
||||
BUGS, TAPS AND INFILTRATORS: WHAT TO DO ABOUT POLITICAL SPYING
|
||||
|
||||
by Linda Lotz
|
||||
American Friends Service Committee
|
||||
|
||||
|
||||
Organizations involved in controversial issues -- particularly those who
|
||||
encourage or assist members to commit civil disobedience -- should be alert to
|
||||
the possibility of surveillance and disruption by police or federal agencies.
|
||||
|
||||
During the last three decades, many individuals and organizations were spied
|
||||
upon, wiretapped, their personal lives dirupted in an effort to draw them away
|
||||
from their political work, and their organizations infiltrated. Hundreds of
|
||||
thousands of pages of evidence from agencies such as the FBI and CIA were
|
||||
obtained by Congressional inquiries headed by Senator Frank Church and
|
||||
Representative Otis Pike, others were obtained through use of the Freedom of
|
||||
Information Act and as a result of lawsuits seeking damages for First
|
||||
Amendment violations.
|
||||
|
||||
Despite the public outcry to these revelations, the apparatus remains in place,
|
||||
and federal agencies have been given increased powers by the Reagan
|
||||
Administration.
|
||||
|
||||
Good organizers should be acquainted with this sordid part of American history,
|
||||
and with the signs that may indicate their group is the target of an
|
||||
investigation.
|
||||
|
||||
HOWEVER, DO NOT LET PARANOIA IMMOBILIZE YOU. The results of paranoia and
|
||||
overreaction to evidence of surveillance can be just as disruptive to an
|
||||
organization as an actual infiltrator or disruption campaign.
|
||||
|
||||
This document is a brief outline of what to look for -- and what to do if you
|
||||
think your group is the subject of an investigation. This is meant to suggest
|
||||
possible actions, and is not intended to provide legal advice.
|
||||
|
||||
|
||||
POSSIBLE EVIDENCE OF GOVERNMENT SPYING
|
||||
|
||||
|| OBVIOUS SURVEILLANCE
|
||||
|
||||
Look for:
|
||||
|
||||
* Visits by police or federal agents to politically involved individuals,
|
||||
landlords, employers, family members or business associates. These visits may
|
||||
be to ask for information, to encourage or create possibility of eviction or
|
||||
termination of employment, or to create pressure for the person to stop his or
|
||||
her political involvement.
|
||||
|
||||
* Uniformed or plainclothes officers taking pictures of people entering your
|
||||
office or participating in your activities. Just before and during
|
||||
demonstrations and other public events, check the area including windows and
|
||||
rooftops for photographers. (Credentialling press can help to separate the
|
||||
media from the spies.)
|
||||
|
||||
* People who seem out of place. If they come to your office or attend your
|
||||
events, greet them as potential members. Try to determine if they are really
|
||||
interested in your issues -- or just your members!
|
||||
|
||||
* People writing down license plate numbers of cars and other vehicles in
|
||||
the vicinity of your meetings and rallies.
|
||||
|
||||
Despite local legislation and several court orders limiting policy spying
|
||||
activities, these investigatory practices have been generally found to be
|
||||
legal unless significant "chilling" of constitutional rights can be proved.
|
||||
|
||||
|
||||
|| TELEPHONE PROBLEMS:
|
||||
|
||||
Electronic surveillance equipment is now so sophisticated that you should not
|
||||
be able to tell if your telephone converstaions are being monitored. Clicks,
|
||||
whirrs, and other noises probably indicate a problem in the telephone line or
|
||||
other equipment.
|
||||
|
||||
For example, the National Security Agency has the technology to monitor
|
||||
microwave communications traffic, and to isolate all calls to or from a
|
||||
particular line, or to listen for key words that activate a tape recording
|
||||
device. Laser beams and "spike" microphones can detect sound waves hitting
|
||||
walls and window panes, and then transmit those waves for recording. In these
|
||||
cases, there is little chance that the subject would be able to find out about
|
||||
the surveillance.
|
||||
|
||||
Among the possible signs you may find are:
|
||||
|
||||
* Hearing a tape recording of a conversation you, or someone else in your
|
||||
home or office, have recently held.
|
||||
|
||||
* Hearing people talking about your activities when you try to use the
|
||||
telephone.
|
||||
|
||||
* Losing service several days before major events.
|
||||
|
||||
Government use of electronic surveillance is governed by two laws, the Omnibus
|
||||
Crime Control and Safe Streets Act and the Foreign Intelligence Surveillance
|
||||
Act. Warrants for such surveillance can be obtained if there is evidence of a
|
||||
federal crime, such as murder, drug trafficking, or crimes characteristic of
|
||||
organized crime, or for the purpose of gathering foreign intelligence
|
||||
information available within the U.S. In the latter case, an "agent of a
|
||||
foreign power" can be defined as a representative of a foriegn government,
|
||||
from a faction or opposition group, or foreign based political groups.
|
||||
|
||||
|
||||
|| MAIL PROBLEMS:
|
||||
|
||||
Because of traditional difficulties with the US Postal Service, some problems
|
||||
with mail delivery will occur, such as a machine catching an end of an envelope
|
||||
and tearing it, or a bag getting lost and delaying delivery.
|
||||
|
||||
However, a pattern of problems may occur because of political intelligence
|
||||
gathering:
|
||||
|
||||
* Envelopes may have been opened prior to reaching their destination;
|
||||
contents were removed and/or switched with other mail. Remember that the glue
|
||||
on envelopes doesn't work as well when volume or bulk mailings are involved.
|
||||
|
||||
* Mail may arrive late, on a regular basis different from others in your
|
||||
neighborhood.
|
||||
|
||||
* Mail may never arrive.
|
||||
|
||||
There are currently two kinds of surveillance permitted with regards to mail:
|
||||
the mail cover, and opening of mail. The simplest, and least intrusive form is
|
||||
the "mail cover" in which postal employees simply list any information that can
|
||||
be obtained from the envelope, or opening second, third or fourth class mail.
|
||||
Opening of first class mail requires a warrant unless it is believed to hold
|
||||
drugs .... More leeway is given for opening first class international mail.
|
||||
|
||||
|
||||
|| BURGLARIES:
|
||||
|
||||
A common practice during the FBI's Counter-Intelligence Program (COINTELPRO)
|
||||
was the use of surreptitious entries or "black bag jobs." Bureau agents were
|
||||
given special training in burglary, key reproduction, etc. for use in entering
|
||||
homes and offices. In some cases, keys could be obtained from "loyal American"
|
||||
landlords or building owners.
|
||||
|
||||
Typical indicators are:
|
||||
|
||||
* Files, including membership and financial reports, are rifled, copied or
|
||||
stolen.
|
||||
|
||||
* Items of obvious financial value are left untouched.
|
||||
|
||||
* Equipment vital to the organization may be broken or stolen, such as
|
||||
typewriters, printing machinery, and computers.
|
||||
|
||||
* Signs of a political motive are left, such as putting a membership list or
|
||||
a poster from an important event in an obvious place.
|
||||
|
||||
Although warrantless domestic security searches are in violation of the Fourth
|
||||
Amendment, and any evidence obtained this way cannot be used in criminal
|
||||
proceedings, the Reagan Administration and most recent Presidents (excepting
|
||||
Carter) have asserted the inherent authority to conduct searches against those
|
||||
viewed as agents of a foreign power.
|
||||
|
||||
|
||||
|| INFORMERS AND INFILTRATORS:
|
||||
|
||||
Information about an organization or individual can also be obtined by placing
|
||||
an informer or infiltrator. This person may be a police officer, employee of a
|
||||
federal agency, someone who has been charged or convicted of criminal activity
|
||||
and has agreed to "help" instead of serve time, or anyone from the public.
|
||||
|
||||
Once someone joins an organization for the purposes of gathering information,
|
||||
the line between data gathering and participation blurs. Two types of
|
||||
infiltrators result -- those who are under "deep cover" and adapt to the
|
||||
lifestyle of the people they are infiltrating, and agents provocateurs.
|
||||
Deep-cover infiltrators may maintain their cover for many years, and an
|
||||
organization may never know who these people are. Agents provocateurs are more
|
||||
visible, because they will deliberately attempt to disrupt or lead the group
|
||||
into illegal activites. They often become involved just as an event or crisis
|
||||
is occurring, and leave town or drop out after the organizing slows down.
|
||||
|
||||
An agent may:
|
||||
|
||||
* Volunteer for tasks which provide access to important meetings and papers
|
||||
such as financial records, membership lists, minutes and confidential files.
|
||||
|
||||
* Not follow through or complete tasks, or else do them poorly despite an
|
||||
obvious ability to do good work.
|
||||
|
||||
* Cause problems for a group such as commiting it to activities or expenses
|
||||
without following proper channels, or urge the group to plan activities that
|
||||
divide group unity.
|
||||
|
||||
* Seem to create or be in the middle of personal or political difference that
|
||||
slow the work of the group.
|
||||
|
||||
* Seek the public spotlight, in the name of your group, and then make
|
||||
comments or present an image different from the rest of the group.
|
||||
|
||||
* Urge the use of violence or breaking the law, and provide information and
|
||||
resources to enable such ventures.
|
||||
|
||||
* Have no obvious source of income over a period of time, or have more money
|
||||
available than his or her job should pay.
|
||||
|
||||
* Charge other people with being agents (a process called snitch-jackets),
|
||||
thereby diverting attention from him or herself, and draining the group's
|
||||
energy from other work.
|
||||
|
||||
THESE ARE NOT THE ONLY SIGNS, NOR IS A PERSON WHO FITS SEVERAL OF THESE
|
||||
CATEGORIES NECESSARILY AN AGENT. BE EXTREMELY CAUTIONS AND DO NOT CALL ANOTHER
|
||||
PERSON AN AGENT WITHOUT HAVING SUBSTANTIAL EVIDENCE.
|
||||
|
||||
Courts have consistently found that an invividual who provides information,
|
||||
even if it is incriminating, to an informer has not had his or her
|
||||
Constitutional rights violated. This includes the use of tape recorders or
|
||||
electronic transmitters as well.
|
||||
|
||||
Lawsuits in Los Angeles, Chicago and elsewhere, alleging infiltration of lawful
|
||||
political groups, have resulted in court orders limiting the use of police
|
||||
informers and infiltrators. However, this does not affect activities of federal
|
||||
agencies.
|
||||
|
||||
|
||||
|| IF YOU FIND EVIDENCE OF SURVEILLANCE:
|
||||
|
||||
* Hold a meeting to discuss spying and harassment
|
||||
|
||||
* Determine if any of your members have experienced any harassment or noticed
|
||||
any surveillance activities that appear to be directed at the organization's
|
||||
activities. Carefully record all the details of these and see if any patterns
|
||||
develop.
|
||||
|
||||
* Review past suspicious activities or difficulties in your group. Have one
|
||||
or several people been involved in many of these events? List other possible
|
||||
"evidence" of infiltration.
|
||||
|
||||
* Develop internal policy on how the group should respond to any possible
|
||||
surveillance or suspicious actions. Decide who should be the contact person(s),
|
||||
what information should be recorded, what process to follow during any event or
|
||||
demonstration if disruption tactics are used.
|
||||
|
||||
* Consider holding a public meeting to discuss spying in your community and
|
||||
around the country. Schedule a speaker or film discussing political
|
||||
surveillance.
|
||||
|
||||
* Make sure to protect important documents or computer disks, by keeping a
|
||||
second copy in a separate, secret location. Use fireproof, locked cabinets if
|
||||
possible.
|
||||
|
||||
* Implement a sign-in policy for your office and/or meetings. This is helpful
|
||||
for your organizing, developing a mailing list, and can provide evidence that
|
||||
an infiltrator or informer was at your meeting. Appoint a contact for spying
|
||||
concerns. This contact person or committee should implement the policy
|
||||
developed above and should be given authority to act, to get others to respond
|
||||
should any problems occur.
|
||||
|
||||
The contact should:
|
||||
|
||||
* Seek someone familiar with surveillance history and law, such as the local
|
||||
chapter of the National Lawyers Guild, the American Civil Liberties Union, the
|
||||
National Conference of Black Lawyers or the American Friends Service Committee.
|
||||
Brief them about your evidence and suspicions. They will be able to make
|
||||
suggestions about actions to take, as well as organizing and legal contacts.
|
||||
|
||||
* Maintain a file of all suspected or confirmed experiences of surveillance
|
||||
and disruption. Include: date, place, time, who was present, a complete
|
||||
description of everything that happened, and any comments explaining the
|
||||
context of the event or showing what impact the event had on the individual or
|
||||
organization. If this is put in deposition form and signed, it can be used as
|
||||
evidence in court.
|
||||
|
||||
* Under the Freedom of Information Act and the Privacy Act, request any files
|
||||
on the organization from federal agencies such as the FBI, CIA, Immigration and
|
||||
Naturalization, Bureau of Alcohol, Tobacco and Firearms, etc. File similar
|
||||
requests with local and state law enforcement agencies, if your state freedom
|
||||
of information act applies.
|
||||
|
||||
|| PREPARE FOR MAJOR DEMONSTRATIONS AND EVENTS:
|
||||
|
||||
* Plan ahead; brief your legal workers on appropriate state and federal
|
||||
statutes on police and federal officials spying. Discuss whether photographing
|
||||
with still or video cameras is anticipated and decide if you want to challenge
|
||||
it.
|
||||
|
||||
* If you anticipate surveillance, brief reporters who are expected to cover
|
||||
the event, and provide them with materials about past surveillance by your
|
||||
city's police in the past, and/or against other activitists throughout the
|
||||
country.
|
||||
|
||||
* Tell the participants when surveillance is anticipated and discuss what
|
||||
the group's response will be. Also, decide how to handle provocateurs, police
|
||||
violence, etc. and incorporate this into any affinity group, marshall or other
|
||||
training.
|
||||
|
||||
|
||||
|| DURING THE EVENT:
|
||||
|
||||
* Carefully monitor the crowd, looking for surveillance or possible
|
||||
disruption tactics. Photograph any suspicious or questionable activities.
|
||||
|
||||
* Approach police officer(s) seen engaging in questionable activities.
|
||||
Consider having a legal worker and/or press person monitor their actions.
|
||||
|
||||
|
||||
|| IF YOU SUSPECT SOMEONE IS AN INFILTRATOR:
|
||||
|
||||
* Try to obtain information about his or her background: where s/he attended
|
||||
high school and college; place of employment, and other pieces of history.
|
||||
Attempt to verify this information.
|
||||
|
||||
* Check public records which include employment; this can include voter
|
||||
registation, mortgages or other debt filings, etc.
|
||||
|
||||
* Check listings of police academy graduates, if available.
|
||||
|
||||
|
||||
|| ONCE YOU OBTAIN EVIDENCE THAT SOMEONE IS AN INFILTRATOR:
|
||||
|
||||
* Confront him or her in a protected setting, such as a small meeting with
|
||||
several other key members of your group (and an attorney if available).
|
||||
Present the evidence and ask for the person's response.
|
||||
|
||||
* You should plan how to inform your members about the infiltration,
|
||||
gathering information about what the person did while a part of the group and
|
||||
determining any additional impact s/he may have had.
|
||||
|
||||
* You should consider contacting the press with evidence of the infiltration.
|
||||
|
||||
|
||||
|| IF YOU CAN ONLY GATHER CIRCUMSTANTIAL EVIDENCE, BUT ARE CONCERNED THAT THE
|
||||
PERSON IS DISRUPTING THE GROUP:
|
||||
|
||||
* Hold a strategy session with key leadership as to how to handle the
|
||||
troublesome person.
|
||||
|
||||
* Confront the troublemaker, and lay out why the person is disrupting the
|
||||
organization. Set guidelines for further involvement and carefully monitor the
|
||||
person's activities. If the problems continue, consider asking the person to
|
||||
leave the organization.
|
||||
|
||||
* If sufficient evidence is then gathered which indicates s/he is an
|
||||
infiltrator, confront the person with the information in front of witnesses
|
||||
and carefully watch reactions.
|
||||
|
||||
* Request an investigation or make a formal complaint
|
||||
|
||||
* Report telephone difficulties to your local and long distance carriers.
|
||||
Ask for a check on the lines to assure that the equipment is working properly.
|
||||
Ask them to do a sweep/check to see if any wiretap equipment is attached
|
||||
(Sometimes repair staff can be very helpful in this way.) If you can afford it,
|
||||
request a sweep of your phone and office or home from a private security firm.
|
||||
Remember this will only be good at the time that the sweep is done.
|
||||
|
||||
* File a formal complaint with the US Postal Service, specifying the problems
|
||||
you have been experiencing, specific dates, and other details. If mail has
|
||||
failed to arrive, ask the Post Office to trace the envelope or package.
|
||||
|
||||
* Request a formal inquiry by the police, if you have been the subject of
|
||||
surveillance or infiltration. Describe any offending actions by police
|
||||
officers and ask a variety of questions. If an activity was photographed, ask
|
||||
what will be done with the pictures. Set a time when you expect a reply from
|
||||
the police chief. Inform members of the City Council and the press of your
|
||||
request.
|
||||
|
||||
* If you are not pleased with the results of the police chief's reply, file
|
||||
a complaint with the Police Board or other administrative body. Demand a full
|
||||
investigation. Work with investigators to insure that all witnesses are
|
||||
contacted. Monitor the investigation and respond publicy to the conclusions.
|
||||
|
||||
* Initiate a lawsuit if applicable federal or local statutes have been
|
||||
violated. Before embarking on a lawsuit, remember that most suits take many
|
||||
years to complete and require tremendous amounts of organizers' and legal
|
||||
workers' energy and money.
|
||||
|
||||
* Always notify the press when you have a good story; keep interested
|
||||
reporters updated on any new developments. They may be aware of other police
|
||||
abuses, or be able to obtain further evidence of police practices. Press
|
||||
coverage of spying activities is very important, because publicity-conscious
|
||||
politicians and police chiefs will be held accountable for questionable
|
||||
practices.
|
||||
|
||||
Prepared by:
|
||||
Linda Lotz
|
||||
American Friends Service Committee
|
||||
980 North Fair Oaks Avenue
|
||||
Pasadena, CA 91103
|
||||
|
||||
226
textfiles.com/politics/burintrv.61
Normal file
226
textfiles.com/politics/burintrv.61
Normal file
@@ -0,0 +1,226 @@
|
||||
INTERVIEW
|
||||
with
|
||||
WILLIAM S. BURROUGHS
|
||||
conducted by
|
||||
Gregory Corso
|
||||
and
|
||||
Allen Ginsberg
|
||||
Originally appeared in Journal For the Protection of All People
|
||||
1961
|
||||
Transcribed by Flesh
|
||||
1992
|
||||
B= William Burroughs
|
||||
C= Gregory Corso
|
||||
G= Allen Ginsberg
|
||||
|
||||
C: What is your department?
|
||||
|
||||
B: Kunst unt Wissenschaft
|
||||
|
||||
C: What say you about political conflicts?
|
||||
|
||||
B: Political conflicts are merely surfaced manifestations. If
|
||||
conflicts arise you may certain powers intend to keep this
|
||||
conflict under operation since they hope to profit from the
|
||||
situation. To concern yourself with surface political conflicts
|
||||
is to make the mistake of the bull in the ring, you are
|
||||
charging the cloth. That is what politics is for, to teach you
|
||||
the cloth. Just as the bullfighter teaches the bull, teaches him
|
||||
to follow, obey the cloth.
|
||||
|
||||
C: Who manipulates the cloth?
|
||||
|
||||
B: Death
|
||||
|
||||
G: What is death?
|
||||
|
||||
B: A gimmick. It's the time birth death gimmick. Can't go on much
|
||||
longer, too many people are wising up.
|
||||
|
||||
C: Do you feel there has been a definite change in man's makeup?
|
||||
A new consciousness?
|
||||
|
||||
B: Yes, I can give you a precise answer to that. I feel that the
|
||||
change the mutation in consciousness will occur spontaneously
|
||||
once certain pressures now in operation are removed. I feel that
|
||||
the principal instrument of monopoly and control that prevents
|
||||
expansion of consciousness is the word lines controlling thought
|
||||
feeling and apparent sensory impressions of the human host.
|
||||
|
||||
G: And if removed, what step?
|
||||
|
||||
B: The forward step must be made in silence. we detach ourselves
|
||||
from word forms-this can be accomplished by substituting for
|
||||
words, letters, concepts, verbal concepts, other modes of
|
||||
expression; for example, color. We can translate word and
|
||||
letter into color (Rimbaud stated that in his color vowels,
|
||||
words quote "words" can be read in silent color.) In other
|
||||
words man must get away from verbal forms to attain the
|
||||
consciousness, that which is there to be perceived at hand.
|
||||
|
||||
C: How does one take that "forward step," can you say?
|
||||
|
||||
B: Well, this is my subject and is what I am concerned with.
|
||||
Forward steps are made by giving up old armor because words are
|
||||
built into you---in the soft typewriter of the womb you do not
|
||||
realize the word-armor you carry; for example, when you read
|
||||
this page your eyes move irresistibly from left to right
|
||||
following the words that you have been accustomed to. Now try
|
||||
breaking up part of the page like this:
|
||||
Are there or just we can translate
|
||||
many solutions for example color word color
|
||||
in the soft typewriter into
|
||||
political conflicts to attain consciousness
|
||||
monopoly and control
|
||||
|
||||
C: Reading that it seems you end up where you began, with politics
|
||||
and it's nomenclature: conflict, attain, solution, monopoly,
|
||||
control--so what kind of help is that?
|
||||
|
||||
B: Precisely what I was saying---if you talk you always end up with
|
||||
politics, it gets nowhere, I mean man it's strictly from the
|
||||
soft typewriter.
|
||||
|
||||
C: What kind of advice you got for politicians?
|
||||
|
||||
B: Tell the truth once and for all and shut up forever.
|
||||
|
||||
C: What if people don't want to change, don't want no new
|
||||
consciousness?
|
||||
|
||||
B: For any species to change, if they are unable and are unwilling
|
||||
to do so--I might for example however have suggested to the
|
||||
dinosaurs that heavy armor and great size was a sinking ship,
|
||||
and that they do well to convert to mammal facilities---it would
|
||||
not lie in my power or desire to reconvert a reluctant
|
||||
dinosaur. I can make my feeling very clear, Gregory, I fell like
|
||||
I'm on a sinking ship and I want off.
|
||||
|
||||
C: Do you think Hemingway got off?
|
||||
|
||||
B: Probably not.
|
||||
|
||||
|
||||
(Next day)
|
||||
|
||||
G: What about control?
|
||||
|
||||
B: Now all politicians assume a necessity of control, the more
|
||||
efficient the control the better. All political organizations
|
||||
tend to function like a machine, to eliminate the unpredictable
|
||||
factor of AFFECT---emotion. Any machine tends to absorb,
|
||||
eliminate, Affect. Yet the only person who can make a machine
|
||||
move is someone who has a motive, who has Affect. If all
|
||||
individuals were conditioned to machine efficiency in the
|
||||
performance of their duties they would have to be at least one
|
||||
person outside the machine to give the necessary orders; if the
|
||||
machine absorbed or eliminated all those outside the machine the
|
||||
machine will slow down and stop forever. Any unchecked impulse
|
||||
does, within the human body & psyche, lead to the destruction
|
||||
of the organism.
|
||||
|
||||
G: What kind of organization could technological society have
|
||||
without control?
|
||||
|
||||
B: The whole point is I feel the machine should be eliminated. Now
|
||||
that it has served its purpose of alerting us to the dangers of
|
||||
machine control. Elimination of all natural sciences----If
|
||||
anybody ought to go to the extermination chambers definitely
|
||||
scientists, yes I'm definitely antiscientist because I feel that
|
||||
science represents a conspiracy to impose as, the real and only
|
||||
universe, the Universe of scientists themselves----they're
|
||||
reality-addicts, they've got to have things so real so they can
|
||||
get their hands on it. We have a great elaborate machine which
|
||||
I feel has to be completely dismantled--- in order to do that
|
||||
we need people who understand how the machine works ---the mass
|
||||
media---paralleled opportunity.
|
||||
|
||||
G: Who do you think is responsible for the dope situation in
|
||||
America?
|
||||
|
||||
B: Old Army game, "I act under orders ." As Captain Ahab said,
|
||||
"You are not other men but my arms and legs---" Mr. Anslinger
|
||||
has a lot of arms and legs, or whoever is controlling him, same
|
||||
thing as the Wichman case, he's the front man, the man who has
|
||||
got to take the rap, poor bastard, I got sympathy for him.
|
||||
|
||||
C: Could you or do you think it wise to say who it will be or just
|
||||
what force it will be that will destroy the world?
|
||||
|
||||
B: You want to create a panic? That's top secret----want to swamp
|
||||
the lifeboats?
|
||||
|
||||
C: O.K. How did them there lifeboats get there in the first place?
|
||||
|
||||
B: Take for instance some Indians in South America I seen. There
|
||||
comes along this sloppy cop with his shirt buttons all in the
|
||||
wrong hole, well then, Parkinson's law goes into
|
||||
operation---there's need not for one cop but seven or eight,
|
||||
need for sanitation inspectors, rent collectors, etc.; so after
|
||||
a period of years problems arise, crime, dope taking and
|
||||
traffic, juvenile delinquency---So the question is asked, "What
|
||||
should we do about these problems?" The answer as Gertrude Stein
|
||||
on her deathbed said comes before the question--- in short
|
||||
before the bastards got there in the first place! that's all---
|
||||
|
||||
G: What do you think Cuba and the FLN think about poets? And what
|
||||
do you think their marijuana policy is?
|
||||
|
||||
B: All political movements are basically anti-creative----since a
|
||||
political movement is a form of war. "There's no place for
|
||||
impractical dreamers around here" that's what they always say.
|
||||
"Your writing activities will be directed, kindly stop horsing
|
||||
around." "As for the smoking of marijuana, it is the
|
||||
exploitation for the workers." Both favor alcohol and are
|
||||
against pot.
|
||||
|
||||
C: I feel capitol punishment is dooming U.S.A.
|
||||
|
||||
B: I'm against Capitol Punishment in all forms, and I have written
|
||||
many pamphlets on this subject in the manner of Swift's modest
|
||||
proposal pamphlet incorporated into Naked Lunch; these pamphlets
|
||||
have marked Naked Lunch as an obscene book, most all methods
|
||||
of Capitol Punishment are designed to inflict the maximum of
|
||||
humiliation---note attempts to prevent suicide.
|
||||
|
||||
G: What advice do you have for American youth who are drawn to
|
||||
political action out of sympathy for the American revolution---
|
||||
|
||||
B: "I wouldn't be in your position"---old saw. If there is any
|
||||
political move that I would advocate it would be an alliance
|
||||
between America and Red China, if they'd have us.
|
||||
|
||||
C: What about the Arab peoples---how are they faring?
|
||||
|
||||
B: They're stuck back thousands of years and they think they're
|
||||
going to get out with a TV set.
|
||||
|
||||
C: What about the Negros, will they make it---not only the ones in
|
||||
the South, but everywhere?
|
||||
|
||||
B: Biologically speaking the Afro-asiatic block is in the
|
||||
ascendancy---always remember that both Negro and White are
|
||||
minority groups---the largest race is the mongoloid group. In
|
||||
the event of atomic war there is a tremendous biological
|
||||
advantage in the so-called underdeveloped areas that have high
|
||||
birth rates and high death rate because, man, they can plow
|
||||
under those mutations. The country with a low birth rate and low
|
||||
death rate will be hardest hit---and so the poor may indeed
|
||||
inherit the earth, because they're healthier.
|
||||
|
||||
G: What do you think of White Supremacy?
|
||||
|
||||
B: The essence of white supremacy is this: they are people who want
|
||||
to keep things as they are. That their children's children's
|
||||
children might be a different color is something very alarming
|
||||
to them---in short they are committed to the maintenance of
|
||||
static image. The attempt to maintain a static image, even if
|
||||
it's a good image, just won't work.
|
||||
|
||||
C: Do you think Americans want and could fight the next war with
|
||||
the same fire and fervency as they did in World War 2?
|
||||
|
||||
B: Undoubtedly, yes---because they remember what a soft time they
|
||||
had in the last one---they sat on their ass.
|
||||
|
||||
|
||||
150
textfiles.com/politics/bush-add.txt
Normal file
150
textfiles.com/politics/bush-add.txt
Normal file
@@ -0,0 +1,150 @@
|
||||
-------------------------------------------
|
||||
President Bush's Address to the Nation
|
||||
Wednesday, January 16, 1991, 9:00 PM E.S.T.
|
||||
-------------------------------------------
|
||||
|
||||
|
||||
Just two hours ago, Allied Air forces began an attack on military
|
||||
targets in Iraq and Kuwait. These attacks continue as I speak.
|
||||
Ground forces are not engaged.
|
||||
This conflict started August 2d, when the dictator of Iraq
|
||||
invaded a small and helpless neighbor. Kuwait, a member of the
|
||||
Arab league and a member of the United Nations, was crushed; its
|
||||
people brutalized. Five months ago Saddam Hussein started this
|
||||
cruel war against Kuwait. Tonight, the battle has been joined.
|
||||
This military action, taken in accord with United Nations
|
||||
resolutions, and with the consent of the United States Congrees,
|
||||
follows months of constant and virtually endless diplomatic
|
||||
activity on the part on the United Nations, the United States,
|
||||
and many, many other countries. Arab leaders sought what became
|
||||
known as an Arab solution only to conclude that Saddam Hussein
|
||||
was unwilling to leave Kuwait. Others traveled to Baghdad, and a
|
||||
variety of efforts to restore peace and justice. Our Secretary
|
||||
of State, James Baker, held an historic meeting in Geneva, only
|
||||
to be totally rebuffed. This past weekend, in a last ditch
|
||||
effort, the Secretary General of the United Nations went to the
|
||||
Middle East, with peace in his heart - his second such mission.
|
||||
And he came back from Baghdad with no progress at all in getting
|
||||
Saddam Hussein to withdraw from Kuwait. Now, the 28 countries
|
||||
with forces in the Gulf area, have exhausted all reasonable
|
||||
efforts to reach a peaceful resolution, have no choice but to
|
||||
drive Saddam from Kuwait by force. We will not fail.
|
||||
As I report to you, air attacks are underway against
|
||||
military targets in Iraq. We are determined to knock out Saddam
|
||||
Hussein's nuclear bomb potential; we will also destroy his
|
||||
chemical weapons facilities; much of Saddam's artillery and tanks
|
||||
will be destroyed. Our operations are designed to best protect
|
||||
the lives of all the coalition forces by targeting Saddam's vast
|
||||
military arsenal. Initial reports from General Schwarzkopf are
|
||||
that our operations are proceeding according to plan. Our
|
||||
objectives are clear : Saddam Hussein's forces will leave Kuwait,
|
||||
the legitimate government of Kuwait will be restored to its
|
||||
rightful place, and Kuwait will once again be free. Iraq will
|
||||
eventually comply with all relevant United Nations resolutions
|
||||
and then, when peace is restored, it is our hope, that Iraq will
|
||||
live as a peaceful and cooperative member of the family of
|
||||
nations, thus enhancing the security and stability of the Gulf.
|
||||
Some may ask, "Why act now, why not wait?" The answer is
|
||||
clear : The world could wait no longer. Sanctions, though having
|
||||
some effect, showed no signs of accomplishing their objective.
|
||||
Sanctions were tried for well over five months, and we and our
|
||||
allies concluded that sanctions alone would not force Saddam from
|
||||
Kuwait.
|
||||
While the world waited, Saddam Hussein systematically raped,
|
||||
pillaged, and plundered a tiny nation no threat to his own. He
|
||||
subjected the people of Kuwait to unspeakable atrocities. And
|
||||
among those maimed and murdered - innocent children. While the
|
||||
world waited, Saddam sought to add to the chemical weapons
|
||||
arsenal he now possesses - an infinitely more dangerous weapon of
|
||||
mass destruction - a nuclear weapon. And while the world waited,
|
||||
while the world talked peace and withdraw, Saddam Hussein dug in
|
||||
and moved massive forces into Kuwait. While the world waited,
|
||||
while Saddam stalled, more damage was being done to the fragile
|
||||
economies of the third world, emerging democracies of Eastern
|
||||
Europe, to the entire world including to our own economy. The
|
||||
United States, together with the United Nations, exhausted every
|
||||
means at our disposal to bring this crisis to a peaceful end.
|
||||
However, Saddam clearly felt, that by stalling and threatening
|
||||
and defying the United Nations, he could weaken the forces
|
||||
arrayed against him. While the world waited, Saddam Hussein met
|
||||
every overture of peace with open contempt. While the world
|
||||
prayed for peace, Saddam prepared for war.
|
||||
I had hoped, that when the United States Congress, in
|
||||
historic debate, took its resolute action, Saddam would realize
|
||||
he could not prevail, and would move out of Kuwait in accord with
|
||||
the United Nation resolutions. He did not do that. Instead, he
|
||||
remained intransigent, certain that time was on his side. Saddam
|
||||
was warned over and over again to comply with the will of the
|
||||
United Nations - "Leave Kuwait or be driven out." Saddam has
|
||||
arrogantly rejected all warnings. Instead he tried to make this
|
||||
a dispute between Iraq and the United States of America. Well he
|
||||
failed.
|
||||
Tonight, 28 nations, countries from five continents : Europe
|
||||
and Asia, Africa and the Arab league, have forces in the Gulf
|
||||
area, standing shoulder to shoulder against Saddam Hussein.
|
||||
These countries had hoped the use of force could be avoided.
|
||||
Regrettably, we now believe that only force will make him leave.
|
||||
Prior to ordering our forces into battle I instructed our
|
||||
military commanders to take every necessary step to prevail as
|
||||
quickly as possible. And with the greatest degree of protection
|
||||
possible for American and Allied servicemen and women. I've told
|
||||
the American people before, that this will not be another
|
||||
Vietnam. And I repeat this here tonight, our troops will have
|
||||
the best possible support in the entire world. And they will not
|
||||
be asked to fight with one hand tied behind their back. I'm
|
||||
hopeful that this fighting will not go on for long, and that
|
||||
casualties will be held to an absolute minimum.
|
||||
This is an historic moment. We have, in this past year,
|
||||
made great progress in ending the long era of conflict and cold
|
||||
war. We have before us the opportunity to forge for ourselves
|
||||
and for future generations a new world order. A world where the
|
||||
rule of law, not the law of the jungle, governs the conduct of
|
||||
nations. When we are successful, and we will be, we have a real
|
||||
chance at this new world order, an order in which a credible
|
||||
United Nations can use its peace-keeping role to fulfill the
|
||||
promise and vision of the U.N.'s founders.
|
||||
We have no argument with the people of Iraq. Indeed, for
|
||||
the innocents caught in this conflict, I pray for their safety.
|
||||
Our goal is not the conquest of Iraq. It is the liberation of
|
||||
Kuwait. It is my hope that somehow the Iraqi people can, even
|
||||
now, convince their dictator that he must lay down his arms,
|
||||
leave Kuwait, and let Iraq itself rejoin the family of peace
|
||||
loving nations. Thomas Paine wrote, many years ago, "These are
|
||||
the times that try mens' souls." Those well known words are so
|
||||
very true today. But even as planes of the multi national forces
|
||||
attack Iraq, I prefer to think of peace, not war. I'm convinced,
|
||||
not only that we will prevail, but that out of the horror of
|
||||
combat, will come the recognition that no nation can stand
|
||||
against a world united. No nation will be permitted to brutally
|
||||
assault its neighbor.
|
||||
No president can easily commit our sons and daughters to
|
||||
war. They are the nation's finest. Ours is an all volunteer
|
||||
force, magnificently trained, highly motivated. The troops know
|
||||
why they're there. And listen to what they say. For they've
|
||||
said it better than any president or prime minister ever could.
|
||||
Listen to Hollywood Huddleston, Marine Lance Corporal. He says,
|
||||
"Let's free these people so we can go home and be free again."
|
||||
And he's right. The terrible crimes and tortures committed by
|
||||
Saddam's henchmen against the innocent people of Kuwait are an
|
||||
affront to mankind and a challenge to the freedom of all. Listen
|
||||
to one of our great officers out there. Marine Lieutenant
|
||||
General Walter Boomer. He said, "There are things worth fighting
|
||||
for. A world in which brutality and lawlessness are allowed to
|
||||
go unchecked isn't the kind of world we're going to want to live
|
||||
in." Listen to Master Sergeant J.P. Kendel of the 82nd Airborne.
|
||||
"We're here for more than just the price of a gallon of gas.
|
||||
What we're doing is going to chart the future of the world for
|
||||
the next hundred years. Its better to deal with this guy now,
|
||||
then five years from now." And finally, we should all sit up and
|
||||
listen to Jackie Jones, an Army lieutenant, when she says, "If we
|
||||
let him get away with this, who knows what's going to be next."
|
||||
I've called upon Hollywood and Walter and J.P. and Jackie, and
|
||||
all their courageous comrades in arms, to do what must be done.
|
||||
Tonight, America and the world are deeply grateful to them,
|
||||
and to their families. And let me say to everyone listening or
|
||||
watching tonight, when the troops we've sent in finish their
|
||||
work, I'm determined to bring them home as soon as possible.
|
||||
Tonight, as our forces fight, they and their families are in our
|
||||
prayers. May God bless each and every one of them, and the
|
||||
coalition forces at our side in the Gulf, and may he continue to
|
||||
bless our nation, the United States of America.
|
||||
447
textfiles.com/politics/bush.q
Normal file
447
textfiles.com/politics/bush.q
Normal file
@@ -0,0 +1,447 @@
|
||||
These quotes are all from our fearless leader, who puked in Tokyo, and
|
||||
started crying in Panama, George Herbert Walker Bush. These quotes are mostly
|
||||
from the new book "Bushisms" by the editors of The New Republic, but as time
|
||||
goes on, more quotes will be added to the list. If you like
|
||||
these quotes, I strongly recomend you get Bushisms at the nearest book store.
|
||||
Try not to weap as you read 'em! :-) More info at the end of the file.
|
||||
-----------------------------------------------------------------------------
|
||||
We cannot gamble with inexperience in that Oval Office.
|
||||
-While campaigning '88
|
||||
|
||||
Take out the word `Quayle' and insert the word `Bush' wherever it appears,
|
||||
and that's the crap I took for eight years. Wimp. Sycophant. Lap dog.
|
||||
Poop. Lightweight. Boop. Squirrel. Asshole. George Bush.
|
||||
-defending his choice of Dan Quayle as his running mate.
|
||||
|
||||
You cannot be president of the United States if you don't have faith.
|
||||
Remember Lincoln, going to his knees in times of trial and the Civil War
|
||||
and all that stuff. And we are blessed. So don't feel sorry for - don't
|
||||
cry for me, Argentina.
|
||||
-Stressing the importance of prayer, while campaigning in New
|
||||
Hampshire, 1/15/92.
|
||||
|
||||
We've got a little toy department to look at to get some stuff for the
|
||||
grandchildren. `Slime' is the name of it, I believe. It's a toy.
|
||||
-While Christmas shopping in Frederick, MD. Bush then
|
||||
went to look for "that slime thing"
|
||||
|
||||
If frogs had wings, they'd let down their tail.
|
||||
-At a press conference.
|
||||
|
||||
I think in politics there are certain moral values. I'm one who - we believe
|
||||
strongly in the seperation of church and state, but when you get into some
|
||||
questions, there are some moral overtones. Murder, that kind of thing, and I
|
||||
feel a little, I will say, uncomfortable with the elevation of the religion
|
||||
thing.
|
||||
-On the TV show Meet the Press.
|
||||
|
||||
It's like Missouri, `Show me.' I'm from Missouri; we've got to see exactly
|
||||
what's going on.
|
||||
-at a press conference on Iraq's claim to complying
|
||||
with UN resolutions.
|
||||
|
||||
So tomorrow there'll be another tidal wave, so keep your snorkel above the
|
||||
water level and do what you think is right.
|
||||
-When asked on forthcoming budget negotiations.
|
||||
|
||||
You know every day, many important papers come across the desk in that
|
||||
marvelous Oval Office, and very few items remain there for long. Got to keep
|
||||
that paper moving or you get inundated. Your snorkel will fill up and there
|
||||
will be no justice.
|
||||
-On the dificulty of keeping up with presidental duties.
|
||||
|
||||
Bush: It's a jungle out there.
|
||||
Reporter: Are you getting frustrated with Gorbachev?
|
||||
B: Did you hear about Tarzan and Jane?
|
||||
R: No.
|
||||
B: Tarzan came down and said, "Jane, I'll have a double. On the rocks." She
|
||||
said, "Tarzan, you don't..." "I'll have another double on the rocks." He has a
|
||||
third drink. Jane says, "What's the matter, Tarzan." He says, "It's a
|
||||
jungle out there." Get it?
|
||||
R: Yeah.
|
||||
-At a golf-course news conference.
|
||||
|
||||
So far it did not reverberate in the negative there. The signature is being
|
||||
checked through the master computer, which is located someplace else, and
|
||||
we'll get an answer back after we leave.
|
||||
-Using a signature-verifier at a National Grocers Association
|
||||
conference in Orlando, Florida. This is the same place he was
|
||||
amazed by a check out scanner saying "This is for checking out?"
|
||||
|
||||
There's no difference between me and the president on taxes. No more
|
||||
nitpicking. Zip-ah-dee-doo-dah. Now, it's off to the races!
|
||||
-responding to criticism that differences between himself and
|
||||
Reagan on tax issues were creating a political liability.
|
||||
|
||||
I say the same thing I say to a person whose family was maimed by a pistol
|
||||
or an explosive charge or whatever else it might be - a fire - this is bad.
|
||||
-on his response to families of victims of gun violence. Bush
|
||||
went on to lament the dificulties of trying to put limits on
|
||||
AK-47 assault rifles "and still, you know, do what's right by
|
||||
the legitimate sportsman."
|
||||
|
||||
We've got the best health care plan there is and it does not socialize
|
||||
medicine in this country. It preserves the quality of care. It makes health
|
||||
care - gives health care access to all and it does it without the quality of
|
||||
American education.
|
||||
-Does he belive what he's saying?
|
||||
|
||||
I'm all for Lawrence Welk. Lawrence Welk is a wonderful man. He used to be,
|
||||
or was, or wherever he is now, bless him.
|
||||
-While arguing for the line item veto. He apparently didn't know
|
||||
if Welk was alive or dead.
|
||||
|
||||
Ours is a great state, and we don't like limits of any kind. Ricky Clunn is
|
||||
one of the great bass fisherman. He's a Texas young guy, and he's a very
|
||||
competitve fisherman, and he talked about learning to fish wading in creeks
|
||||
behind his dad. He in his underwear went wading in the creeks behind his
|
||||
father, and he said - as a fisherman he said it's great to grow up in a
|
||||
country with no limits.
|
||||
-At a live stock event in Houston. Bush, born and raised in the
|
||||
East, can get defensive about his credentials as a Texan: "I have
|
||||
my Texas hunting license here..."
|
||||
|
||||
I've been talking the same way for years, so it can't be that serious.
|
||||
-While attending church in Kennebunkport, Maine. "Can't act," he
|
||||
explained, "Just have to be me."
|
||||
|
||||
I just am not one who - who flamboyantly believes in throwing a lot of words
|
||||
around.
|
||||
-On his reluctance of calling U.S. interference with Iraqi
|
||||
shipping a "Blockade". Bush thought it gave the wrong impresion.
|
||||
|
||||
Look, how was the actual deployment thing?
|
||||
-To astronauts aboard the Shuttle Atlantis.
|
||||
|
||||
I've got to be careful I don't overcheerlead on this economy.
|
||||
-Expressing caution lest his optimism about the state of the
|
||||
economy be mistaken as indifference to the plight of the
|
||||
unemployed.
|
||||
|
||||
Well, I'm going to kick that one right into the end zone of the secretary of
|
||||
education. But, yes, we have all - he travels a good deal, goes abroad. We
|
||||
have alot of people in the department that does that. We're having an
|
||||
international - this is not as much education as dealing with the environment
|
||||
- a big international conference coming up. And we get it all the time -
|
||||
exchanges of ideas. But I think we've got - we set out there - and I want to
|
||||
give credit to your Governor McWherter and to your former governor Lamar
|
||||
Alexander - we've gotten great ideas for a national goals program from - in
|
||||
this country - from the governors who were responding to, maybe the principal
|
||||
of your high school, for heaven's sake.
|
||||
-Responding to ideas on education reform.
|
||||
|
||||
I saw a story yesterday that I went a little ballistic - which is only part
|
||||
true - semiballistic.
|
||||
-While announcing John Tower as the nominee for secretary of
|
||||
defense.
|
||||
|
||||
I don't know that it would be my judgment - my - the function of the president
|
||||
to suggest what employment somebody should take. If you ask me, would I like
|
||||
to go out there, leaving my job and go to work for this sheik when I get
|
||||
through being president, no, I wouldn't like to do that.
|
||||
-At a press conferance on Sununu aide Edward Rogers' possible
|
||||
conflict of interest in accepting a position with a Saudi
|
||||
sheik for $600,000.
|
||||
|
||||
Look, if an American Marine is killed - if they kill an American Marine,
|
||||
that's real bad. And if they threaten and brutalize the wife of an American
|
||||
citizen, sexually threatening the lieutenant's wife while kicking him in the
|
||||
groin over and over again, then, Mr. Gorbachev, please understand, this
|
||||
president is going to do somthing about it.
|
||||
-Especialy if they know about Iran-Contra!
|
||||
|
||||
I mean I think there'll be a lot of aftermaths in what happened, but we're
|
||||
going forward.
|
||||
-When announcing Dick Cheny as the nominee as the new seceratary
|
||||
of defense.
|
||||
|
||||
The Democrats choked the throttle - pulled the throttle back of a slowing
|
||||
economy while they hunted for every last morsel of partisan advantage.
|
||||
-At an Oklahoma fund raiser.
|
||||
|
||||
I don't know whether I'd call it `cashing in'. I expect every president has
|
||||
written his memoirs and recieved money for it. Indeed, I read that a former
|
||||
president - was it Grant? Grant got half a million bucks - that's when half a
|
||||
million really meant something.
|
||||
-Defending Reagan from charges that the $5,000,000 he recieved
|
||||
from his autobiography was cashing in on the presidancy.
|
||||
|
||||
I'm for Mr. Reagan - blindly.
|
||||
-While campaining in '84.
|
||||
|
||||
I will never apologize for the United States of America. I don't care what the
|
||||
facts are.
|
||||
-to the Bush '88 Coalition of American Nationalities, confirming
|
||||
that "I'm not an apologize-for-America kind of guy."
|
||||
|
||||
Theses, they're very dangerous. They trap you. Especially these furry ones...
|
||||
it's these furry guys that get you in trouble. They can reach out and listen
|
||||
to somthing so - keep it respectful here.
|
||||
-at a photo opportunity with his fitness czar, Arnold
|
||||
Schwarzeneggar, on the need for caution when near a microphone.
|
||||
|
||||
Those are two hypo-rhetorical questions.
|
||||
-during the Bush-Dukakis presidential debat, probing Dukakis'
|
||||
defense policy.
|
||||
|
||||
I'm not going to hypothecate that it may - anything goes too fast.
|
||||
-on the speed of reform in Eastern Europe.
|
||||
|
||||
Hey, hey, nihaoma. Hey, yeah, yeah. Heil, heil - a kind of Hitler salute.
|
||||
-greeting foriegn tourists at Lafayette Park on his way home from
|
||||
church. (Nihaoma is Mandarin for "how are you?")
|
||||
|
||||
Watch quite a bit. I watch the news and I don't like to tell you this, because
|
||||
you'll think I'm into some weird TV freak here, but we - I have a set upstairs
|
||||
that has five screens on it and I can sit on my desk and whip - just punch a
|
||||
button if I see one off on the corner, that moves into the middle screen, the
|
||||
other one goes to the side. Then I can run up an down the - up and down the
|
||||
dial. So I - and you can record all four - four going at once, while you -
|
||||
when you're watching. I don't quite know how to do that yet. But I cite this
|
||||
because Barbara accuses me of being too much - not too much, but plugged into
|
||||
TV too often, put it that way. Love sports on TV.
|
||||
-during a C-SPAN interview on his favorite pastimes.
|
||||
|
||||
I know what I've told you I'm going to say, I'm going to say. And what else I
|
||||
say, well, I'll take some time to figure out - figure that all out.
|
||||
-working on the "message thing"
|
||||
|
||||
You know, I mentioned - and with realy from the heart - the concept of going
|
||||
across the river. to this little church and watching one of our children -
|
||||
adopted kid - be baptized. And that made for me - it was very emotional for
|
||||
me. It helped me in reaching a very personal view of this question. And I
|
||||
don't know.
|
||||
-responding to criticism that his position supporting prosecution
|
||||
of abortionists, but not of women choosing abortion was a double
|
||||
standard.
|
||||
|
||||
We're delighted to be here, Barbara and I. There's a danger: You have
|
||||
President Reagan, Governor Deukmejian, and George Bush. Watch out - Overdose
|
||||
of charisma! That's not too good.
|
||||
-At a campaign rally in Los Angeles. "I think I'm a charismatic
|
||||
sun of a gun." He then added "I'm not going to depend entirely
|
||||
on that to win.
|
||||
|
||||
We're delighted to be here, Barbara and I. There's a danger: You have
|
||||
President Reagan, Governor Deukmejian, and George Bush. Watch out - Overdose
|
||||
of charisma! That's not too good.
|
||||
-At a campaign rally in Los Angeles. "I think I'm a charismatic
|
||||
sun of a gun." He then added "I'm not going to depend entirely
|
||||
on that to win.
|
||||
|
||||
You need to be able to do more than `just say no'. You need to have the
|
||||
confidance to look you false friends in the eyes and say `Hell, no, I don't
|
||||
want any of that.'
|
||||
-At an anti-drug rally in Denver. Bush was hoping to save
|
||||
youngsters from people he once called "narced-up terrorist kinda
|
||||
guys."
|
||||
|
||||
I had an opportunity to than him eyeball-to-eyeball for the best
|
||||
communications I belive any two countries could possibly have had.
|
||||
-at a press conferance following his Camp David meeting with
|
||||
President Ozal of Turkey.
|
||||
|
||||
No your not going to see me stay put... I am not going to forsake my
|
||||
responsibilities. You may not see me put as much - I mean, un-put as much.
|
||||
-clarifying travel plans for the coming year.
|
||||
|
||||
Barbara: I think it's because I don't threaten anybody. I don't make any big
|
||||
decisions, I'm trying to say this nicley so I won't hurt my own fealings.
|
||||
But-I mean-no Marilyn Monroe am I. I'm just not a threat to anybody. I like
|
||||
people. And I feal for them. Maybe more than I should that's good for me.
|
||||
|
||||
George: Maybe Joe DiMaggio disagrees with you.
|
||||
|
||||
Barbara: What's that mean? Marilyn Monroe?
|
||||
|
||||
George: I think - Marilyn Monroe - maybe has the same high regard.
|
||||
|
||||
Barbara: Well that's nice.
|
||||
-during an interview with David Frost.
|
||||
|
||||
Please don't look at part of the glass, the part that is only less than half
|
||||
full.
|
||||
-On the defeat of his friend Dick Thornburghin
|
||||
|
||||
Fluency in English is somthing that I'm not often accused of.
|
||||
-toasting Pakistani Prime Minister Benazir Bhuttoo at a White
|
||||
House dinner.
|
||||
|
||||
And I guess with these cameras listening, be sure never to end your sentence
|
||||
with a - without - end a sentance with a preposition because it will be duly
|
||||
reported all across the countries by these gaurdians of the --
|
||||
-Offering a quick grammar lesson to students.
|
||||
|
||||
All I was doing was appealing for an endorsement, not suggesting you endorse
|
||||
it.
|
||||
-To Roy Romer, governor of Colorodo, at a meeting of the National
|
||||
Governors Association. After Bush outlined his growth plan, Romer
|
||||
attacked it as being partisan.
|
||||
|
||||
I was shot down, and I was floating around in a little yellow raft, setting a
|
||||
record for paddling. I thought of my family, my mom and dad, and the strength
|
||||
I got from them. I thought of my faith, the seperation of church and state.
|
||||
-relating his experiances in WWII.
|
||||
|
||||
This is not a tax break for the rich, it is a creation of small jobs.
|
||||
-on his proposed capital gaines tax cut
|
||||
|
||||
And let me say in conclusion, thanks for the kids. I learned an awful lot
|
||||
about bathtub toys - about how to work the telephone. One guy knows -
|
||||
several of them know their own phone numbers - preperation to go to the
|
||||
dentist. A lot of things I'd forgotten. So it's been a good day.
|
||||
-at the Emily Harns Head Start center in Maryland.
|
||||
|
||||
My running mate took the lead, was the author, of the Job Training Partnership
|
||||
Act. Now, because of alot of smoke and frenzying of bluefish out there, going
|
||||
after a drop of blood in the water, nobody knows that.
|
||||
-on Dan Quayle. He then stated "There's somthing very exciting
|
||||
about putting some confidence in someone in his 30's or 40's."
|
||||
|
||||
She refurbished the White House with the dignity that is her legacy.
|
||||
-on former first lady Nancy Reagan.
|
||||
|
||||
We have a complicated three-way conundrum at this point.
|
||||
-on the dificulty of restoring the economy to post invasion
|
||||
Panama while ensuring democracy and Panama's sovereignty (ha ha).
|
||||
|
||||
Bush: Let me be clear, I'm not in favor of new taxes. I'll repeat that over,
|
||||
and over, and over again. And this one compromise that - where we begrudgingly
|
||||
had to accespt revenues, revenue increases, is the exception that proves the
|
||||
rule.
|
||||
|
||||
Reporter: The exception that proves what rule?
|
||||
|
||||
Bush: The rule that I'm strongly opposed to raising taxes.
|
||||
-he justified his change of heart to reporters by saying "I'm
|
||||
doing like Lincoln did, `Think anew.' I'm thinking anew"
|
||||
|
||||
It's no exaggeration to say the undecideds could go one way or another.
|
||||
-At a campaign rally in Ohio in '88, speculating to local voters
|
||||
that Ohio's 23 electorial votes might be the "swing votes" that
|
||||
would determine the election.
|
||||
|
||||
I think there are some differences, there's no question, and will still be.
|
||||
We're talking about a major, majore situation here... I mean we've got a major
|
||||
rapport - relationship of economics, major in the security, and all of that,
|
||||
we should not loose sight of.
|
||||
-durring a conference before his vist to Japan, where he would
|
||||
puke on Prime Minsister Miyazawa.
|
||||
|
||||
We have - I have - want to be positioned in that I could not possibly support
|
||||
David Duke, because of the racism and because of the... bigotry and all of
|
||||
this.
|
||||
-distancing himself from Duke, whom he described as an "insicere
|
||||
charlatan"
|
||||
|
||||
Boy, they were big on crematoriums, weren't they?
|
||||
-during a tour of Auschwitz
|
||||
|
||||
When I need a little free advice about Saddam Hussein, I turn to country
|
||||
music.
|
||||
-at a country music awards ceremony in Nashville. He then refered
|
||||
to the Nitty Gritty Dirt Band as the "Nitty Ditty Nitty Gritty
|
||||
Great Bird"
|
||||
|
||||
Get this passed. Later on, we can all debate it.
|
||||
-on his economic growth plan.
|
||||
|
||||
High tech is potent, precise, and in the end, unbeatable. The truth is, it
|
||||
reminds a lot of people of the way I pitch horseshoes. Would you believe some
|
||||
people? Would you believe our dog?
|
||||
-on the importance of high tech.
|
||||
|
||||
Obviously when you see somebody go berserk and get a weapon and go in and
|
||||
murder people, of course it troubles me.
|
||||
-on the Killeen massacre, where a lone gunman killed 23 people in
|
||||
Texas.
|
||||
|
||||
It has been said by some cynic, maybe a former president, "If you want a
|
||||
friend in Washington, get a dog." We took them literaly - that advice -
|
||||
as you know. But I didn't need that because I have Barbara Bush.
|
||||
-I wonder what Barbara thought?
|
||||
|
||||
I'm delighted that Barbara Bush is with me today, and I - She got a good clean
|
||||
bill of health yesterday from Walter Reed Hospital, I might add, and then -
|
||||
But I'm taking another look at our doctor. He told her it's ok to kiss the dog
|
||||
- I mean - no - it's ok to kiss your husband, but don't kiss the dog. So I
|
||||
don't know exactly what that means.
|
||||
-At a New Jersey high school.
|
||||
|
||||
Reporter: Do you know to what extent the U.S and Colombia are in fact
|
||||
cooperating militarily now, in terms of interdiction efforts?
|
||||
|
||||
Bush: Well I - Yes I know that.
|
||||
|
||||
R: Can you share that with us?
|
||||
|
||||
B: No.
|
||||
|
||||
R: Why not, sir?
|
||||
|
||||
B: Because I don't feel like it.
|
||||
-durring a press conference before attending the drug summit.
|
||||
|
||||
I don't want to just sit here blaming Congress. I mean, we're all in this
|
||||
together.
|
||||
-on a TV interview
|
||||
|
||||
I think the Congress should be blamed.
|
||||
-several minutes later.
|
||||
|
||||
I'm not the most articulate emotionalist.
|
||||
-at a question-and-answer session, following the Malta summit
|
||||
with Gorbachev, when asked "what was it like for you sitting
|
||||
across from this man."
|
||||
|
||||
I am less intersted in what the definition is. You might argue technically,
|
||||
are we in a recession or not. But when there's this kind of slugishness and
|
||||
concerns - defintions, heck with it.
|
||||
-At an interview in Philidelphia.
|
||||
|
||||
I had a good long talk bilaterally with Francois Mitterrand this morning.
|
||||
-during a news conferance, after a Nato confereance in Rome.
|
||||
|
||||
If your worried about the caribou, take a look at the arguments that were used
|
||||
about the pipeline. They'd say the caribou would be extinct. You've got to
|
||||
shake them away with a stick. They're all making love lying up against the
|
||||
pipeline and you got thousands of caribou up there.
|
||||
-At a Bush/Quayle '92 fund raiser, defending his plan to offer
|
||||
oil companies "enviromentaly responsive access" to the Alaskan
|
||||
National Wildlife Reserve.
|
||||
|
||||
If you want to have a philosophical discussion, I take your point, because I
|
||||
think it is important that if we - that if you presented me with a hypothesis,
|
||||
"You've got to do this or you've got to do that," and I would accept it and
|
||||
understand the political risks that'd be involved if I showed any flexibility
|
||||
at all in even discussing it - I would have to say that - that a - that you
|
||||
make a very valid point in your question, because, as I tried to indicate in
|
||||
my remarks, it's job creation, and that is attraction of capital that is realy
|
||||
the best antidote to poverty.
|
||||
-Money is an antidote to poverty? Where did he get that crazy
|
||||
idea???
|
||||
|
||||
----------------------------------------------------------------------------
|
||||
Thanks to the editors of the New Republic for compiling and finding most
|
||||
of these quotes!
|
||||
|
||||
This list was typed completly by Asher Feldman. You can do whatever you want
|
||||
with it, but please leave this, and the info at the top intact. I plan on
|
||||
maintaining and updating this list. If you have an addition/corection/comment
|
||||
than feal free to send me E-mail at the following adresses :
|
||||
|
||||
PORTAL : Wizard0
|
||||
NETCOM : asher
|
||||
Internet : asher@netcom.com
|
||||
OR
|
||||
wizard0@cup.portal.com
|
||||
If you have any lists of funny Bush/Quayle quotes, or related material, please
|
||||
send them to me. My U.S. Snail adress is
|
||||
|
||||
Asher Feldman
|
||||
4791 Calle de Tosca
|
||||
San Jose, CA 95118
|
||||
|
||||
and your name will be added to the list.
|
||||
Please excuse any and all spelling errors.
|
||||
|
||||
54
textfiles.com/politics/buyusa.txt
Normal file
54
textfiles.com/politics/buyusa.txt
Normal file
@@ -0,0 +1,54 @@
|
||||
The recent "Buy American" hysteria has raised the question of just
|
||||
which common products are, in fact, made by American companies.
|
||||
Here's a quiz:
|
||||
|
||||
1. The parent company of Braun household appliances is:
|
||||
a) Swiss; b) German; c) American; d) Japanese
|
||||
|
||||
2. Bic pens are:
|
||||
a) Japanese; b) Czech; c) American; d) French
|
||||
|
||||
3. The maker of Haagen-Dazs ice cream is based in:
|
||||
a) France; b) Sweden; c) Britain; d) America
|
||||
|
||||
4. RCA televisions are made by a company based in:
|
||||
a) Japan; b) America; c) France; d) Korea
|
||||
|
||||
5. The parent of Arrow shirts is:
|
||||
a) Thai; b) Italian; c) American; d) French
|
||||
|
||||
6. Godiva chocolate is:
|
||||
a) French; b) Belgian; c) Swiss; d) American
|
||||
|
||||
7. Vaseline's owner is:
|
||||
a) American; b) French; c) Anglo-Dutch; d) German
|
||||
|
||||
8. Firestone tires are:
|
||||
a) Japanese; b) American; c) German; d) French
|
||||
|
||||
9. Holiday Inns are owned by a company based in:
|
||||
a) France; b) America; c) Britain; d) Saudi Arabia
|
||||
|
||||
10. Tropicana orange juice is owned by a company based in:
|
||||
a) Brazil; b) Canada; c) Mexico; d) America
|
||||
|
||||
11. Jaguar cars are made by a company based in:
|
||||
a) Germany; b) Britain; c) America; d) Japan
|
||||
|
||||
12. Atari video games are:
|
||||
a) Korean; b) American; c) Japanese; d) Malaysian
|
||||
|
||||
Answers: 1. (c) Braun is American (Gillette Co.)
|
||||
2. (d) Bic is French (Bic SA)
|
||||
3. (c) Haagen-Dasz is British (Grand Metropolitan PLC)
|
||||
4. (c) RCA is French (Thomson SA)
|
||||
5. (d) Arrow is French (Bidermann International)
|
||||
6. (d) Godiva is American (Campbell Soup Co.)
|
||||
7. (c) Vaseline is Anglo-Dutch (Unilever PLC)
|
||||
8. (a) Firestone is Japanese (Bridgestone Corp.)
|
||||
9. (c) Holiday Inns is British (Bass PLC)
|
||||
10. (b) Tropicana is Canadian (Seagram Co. Ltd.)
|
||||
11. (c) Jaguar is American (Ford Motor Co.)
|
||||
12. (b) Atari is American (Atari Corp.).
|
||||
---
|
||||
* Origin: *PowerSurge!* (23:914/0)
|
||||
84
textfiles.com/politics/byeusa.yes
Normal file
84
textfiles.com/politics/byeusa.yes
Normal file
@@ -0,0 +1,84 @@
|
||||
|
||||
BLUEPRINT FOR A TAKEOVER
|
||||
|
||||
Back in 1944 a great Congressman (Samuel Pettengill) warned that communism
|
||||
wanted America to spend itself into bankruptcy and was striving in every
|
||||
way to get Americans to become totally dependent on a centralized government.
|
||||
He gave to his fellow members of the House of Representatives the 12 points
|
||||
of the Socialist Manifesto for the economic destruction of free governments.
|
||||
We need, desperately, to review his words. In order to prepare a nation for
|
||||
socialism or communism he said:
|
||||
"The people must be made to feel their utter helplessness and their inability
|
||||
to solve their own problems. While in this state of mind, there is held up
|
||||
before them a benign and all-wise leader to whom they must look for the cure
|
||||
for all thir ills. This state of mind is most readily developed in a time of
|
||||
ecomonic stress or national diaster.
|
||||
|
||||
"The principle of local self-government must be wiped out, so that this
|
||||
leader or group in control can have all political power readily at hand.
|
||||
|
||||
"The centralized government, while appearing in form to represent the people,
|
||||
must dutifully register the will of the leader or group in control .
|
||||
|
||||
"Constitutuional guarantees must be swept aside. This is accomplished in part
|
||||
by ridiculing them as outmoded and as obstructions to progress.
|
||||
|
||||
"Public faith in the legal profession and respect for the courts must be
|
||||
undermined..
|
||||
|
||||
"The law-making body must be intimidated and from time to time rebuked, so
|
||||
as to prevent the development of public confidence therin.
|
||||
|
||||
"Economically, the people must be kept ground down by high taxes, which,
|
||||
under one pretext or another, they are called upon to pay. This, they are
|
||||
brought to a common level and all income above a meager living is taken
|
||||
from them. In this manner,ecomomic independence is kept to a minimin and
|
||||
the citizen is forced to rely more amd more upon the government that
|
||||
controls him. Capital and credits is this completely within the control
|
||||
of the government.
|
||||
|
||||
"A great public debt must be built up so that citizens can never escape
|
||||
its burdens. This makes govenment the virtual receiver for the entire nation.
|
||||
|
||||
"A general distrust of private business and industry must be kept alive,
|
||||
so that the public may not begin to rely upon its own resources.
|
||||
|
||||
"Government bureaus are set up to control practically every phase of the
|
||||
citizen's life. These bureaus issue directives without number, but all
|
||||
under the authority of the leader to whom they are immediately responsible.
|
||||
It is a government of men, and not of laws.
|
||||
|
||||
"The education of the youth of the nation is taken under control to the end
|
||||
that all may, at an early age, be incoculated with a spirit of submission to
|
||||
the system and of reverence for the benevolennt leader.
|
||||
|
||||
"To supplement and fortify all the foreging, there is kept flowing a steady
|
||||
stream of governmental propaganda designed to extol all that bow the knee,
|
||||
and to vilify those who dare to raise a voice of dissent."
|
||||
|
||||
These are the twelve points in the blueprint of the communists to take over
|
||||
this nation via economic manipulation as prsented by Samuel Pettengill.
|
||||
Stop and go back over them and ask yourself how near to total completion and
|
||||
fulfullmenmt America is at this present moment to every one of them.
|
||||
|
||||
Remember Lenin said in 1921 . . . "They will spend themselves into
|
||||
bankruptcy . . . they will commit national suicide." Stalin said, "We
|
||||
won't have to fire a single shot . . . they will fall, like overripe fruit,
|
||||
into our hands."
|
||||
|
||||
But finally, let us remember the words of our own Thomas Jefferson, author
|
||||
of the Declaration of Independence, third President and one of the wisest of
|
||||
our Founding Fathers. He said, "If we let Washington tell us what to sow and
|
||||
when to reap, the nation shall soom want for bread."
|
||||
-----------------------------------------------------------------------------
|
||||
Karl Marx said, "Spend Them To Death." Americans will master plan their own
|
||||
destruction by taxing and spending themselves to death and will fall to us
|
||||
like over-ripe apples!
|
||||
-From Karl Marx Manifesto
|
||||
------------------------------------------------------------------------------
|
||||
**** PLEASE REPRODUCE THIS PACKET AND PASS ON, THANK YOU - AND MAY GOD
|
||||
**** BLESS YOU - AND AMERICA !!! (602) 997-4624
|
||||
==============================================================================
|
||||
======================== T H E E N D =================================
|
||||
==============================================================================
|
||||
|
||||
219
textfiles.com/politics/bylaws.2_1
Normal file
219
textfiles.com/politics/bylaws.2_1
Normal file
@@ -0,0 +1,219 @@
|
||||
Version 2.1
|
||||
August 17, 1992
|
||||
|
||||
|
||||
The By-Laws of EFF-Austin
|
||||
|
||||
|
||||
I. Introduction
|
||||
|
||||
These are the by-laws of EFF-Austin, a non-profit organization
|
||||
incorporated under the laws of the State of Texas. These by-laws
|
||||
are adopted by the Board of Directors, under the authority of the
|
||||
Articles of Incorporation of EFF-Austin, and pursuant to the goals,
|
||||
powers and limitations set out therein.
|
||||
|
||||
EFF-Austin shall from time to time informally conduct
|
||||
activities and correspond with others under the name "Electronic
|
||||
Frontier Foundation -- Austin Chapter" to signify its relationship
|
||||
with its parent national organization: The Electronic Frontier
|
||||
Foundation.
|
||||
|
||||
II. Boards, Officers and Members
|
||||
|
||||
A. Board of Directors
|
||||
|
||||
Section (1) -- General Powers
|
||||
The business and affairs of the Corporation shall be managed by its
|
||||
Board of Directors (the Board).
|
||||
|
||||
Section (2) -- Number, & Tenure of Directors
|
||||
The number of seats on the Board shall be 9. Each director shall
|
||||
hold office until a majority of the Board votes to replace the
|
||||
director, or until the director resigns. A seat on the board is
|
||||
to be considered vacant if the director holding the seat is absent
|
||||
from 2 consecutive meetings as described in section (3) below.
|
||||
|
||||
Section (3) -- Regular Meetings
|
||||
A regular meeting of the Board shall be held, without other notice
|
||||
than this by-law, on the second Tuesday of each month, at a place
|
||||
to be determined by the Board. The Board may provide, by
|
||||
resolution, the time and the place for additional regular meetings
|
||||
without notice other than such resolution.
|
||||
|
||||
Section (4) -- Special Meetings
|
||||
Special meetings of the Board shall be called by the Secretary at
|
||||
the request of any 2 directors. The Secretary may fix any place,
|
||||
within or without the city of Austin, Texas, as a place for holding
|
||||
any special meeting of the Board called by them.
|
||||
|
||||
|
||||
Section (5) -- Notice
|
||||
Notice of any special meeting shall be given at least two days
|
||||
previously thereto by written notice, telephone call, or electronic
|
||||
means to each director at his business or home address or telephone
|
||||
number. The Board shall define a procedure which, if followed,
|
||||
will be deemed to provide a board member with constructive notice
|
||||
of special meetings.
|
||||
|
||||
Section (6) -- Quorum
|
||||
A majority of the number of current directors shall constitute a
|
||||
quorum for the transaction of business at any meeting of the board
|
||||
of directors.
|
||||
|
||||
Section (7) -- Manner of Acting
|
||||
The act of the majority of current directors at a meeting at which
|
||||
a quorum is present shall be the act of the Board.
|
||||
|
||||
Section (8) -- Action Without A Meeting
|
||||
Any action required or permitted to be taken by the Board at a
|
||||
meeting may be taken without a meeting if consent in writing,
|
||||
setting forth the action so taken, shall be signed by all of the
|
||||
directors.
|
||||
|
||||
Section (9) -- Telephone Meetings
|
||||
Any or all of the directors may participate in a meeting of the
|
||||
Board by means of a conference telephone or similar
|
||||
communications equipment by means which all persons in the meeting
|
||||
can communicate with each other at the same time; and participation
|
||||
by such means shall constitute presence in person at any such
|
||||
meeting.
|
||||
|
||||
Section (10) -- Vacancies
|
||||
Any vacancies occurring on the Board may be filled by an
|
||||
affirmative vote of a majority of the remaining directors though
|
||||
less than a quorum of the Board. A director so elected shall
|
||||
immediately replace his predecessor.
|
||||
|
||||
Section (11) -- Presumption of Assent
|
||||
A director of the Corporation who is present at a meeting of
|
||||
the Board at which action on any matter is taken, shall be presumed
|
||||
to have assented to the action unless his dissent is entered in
|
||||
the minutes of the meeting or unless he shall file his written
|
||||
dissent to such action with the person acting as the Secretary of
|
||||
the meeting before the approval of the minutes thereof.
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
B. Officers
|
||||
|
||||
The Board shall elect a President, Vice President, Secretary and
|
||||
Treasurer whose duties will be determined by the Board. The Board
|
||||
may appoint assistants to these officers or create new positions
|
||||
as seen fit. Officers, assistants, and any others appointed by the
|
||||
board shall serve until such time as they resign, or are replaced
|
||||
or removed by the Board.
|
||||
|
||||
C. Advisory Board
|
||||
|
||||
Section (1) -- Appointment
|
||||
The Board of Directors from time to time shall appoint individuals
|
||||
to an Advisory Board, providing such individuals have consented to
|
||||
said appointment.
|
||||
|
||||
Section (2) -- Nature and Tenure
|
||||
The Advisory Board shall act in accordance with guidelines provided
|
||||
by the Board of Directors. Advisory Board members shall serve on
|
||||
the Advisory Board at the discretion of the Board of Directors,
|
||||
until such time as they may be replaced or removed.
|
||||
|
||||
|
||||
D. Members
|
||||
|
||||
The Board shall set any and all membership requirement including,
|
||||
but not limited to: fees, dues, residency and any other
|
||||
requirements except for those in violation of (E) below. A
|
||||
membership shall last until the end of the month one year following
|
||||
the month a membership is accepted.
|
||||
|
||||
|
||||
E. Non-discrimination policy
|
||||
|
||||
Under no circumstances shall the following criteria be used to
|
||||
limit or favor membership, appointment to the Board or Advisory
|
||||
Board, or to affect any other decision making process:
|
||||
|
||||
An individual's race, sex, religious affiliation, national origin,
|
||||
or sexual preference.
|
||||
|
||||
|
||||
III. Contractual Obligations
|
||||
|
||||
All deeds, leases, transfers, contracts, bonds, notes and other
|
||||
obligations (including checks) authorized on behalf of the
|
||||
corporation shall be signed by two of the four officers appointed
|
||||
in accordance with these bylaws.
|
||||
|
||||
|
||||
IV. Fiscal Year
|
||||
|
||||
The fiscal year of EFF-Austin shall begin on the first day of
|
||||
January and end on the last day of December.
|
||||
|
||||
|
||||
V. Books and Records
|
||||
|
||||
EFF-Austin shall keep correct and complete books and records of
|
||||
account pursuant to the Texas Non-Profit Corporation Act and any
|
||||
other relevant laws. Any person with a proper purpose in relation
|
||||
to EFF-Austin may, after a written request, inspect and copy the
|
||||
corporation's books and records, and may do so through his attorney
|
||||
or agent. The Board may establish reasonable inspection and
|
||||
copying fees to cover material and labor involved. A member of
|
||||
EFF-Austin can request that a financial audit be performed by an
|
||||
accounting firm of his choice, providing that said member cover all
|
||||
associated costs and fees, and that said member does not subject
|
||||
EFF-Austin to more than one audit per year.
|
||||
|
||||
|
||||
VI. Miscellaneous Provisions
|
||||
|
||||
A. Legal Construction
|
||||
|
||||
The by-laws shall be construed in accordance with the laws of the
|
||||
State of Texas. All reference in the bylaws to statutes,
|
||||
regulations, or other sources of legal authority shall refer to the
|
||||
authorities cited, or their successors, as they may be amended from
|
||||
time to time.
|
||||
|
||||
B. Headings
|
||||
|
||||
The headings used in the by-laws are used for convenience and shall
|
||||
not be considered in construing the terms of the by-laws.
|
||||
|
||||
C. Gender
|
||||
|
||||
Wherever the context requires, all words in the by-laws in the male
|
||||
gender shall be deemed to include the female or neuter gender, all
|
||||
singular words shall include the plural, and all plural words
|
||||
shall include the singular.
|
||||
|
||||
|
||||
|
||||
VII. Bylaw Revision
|
||||
|
||||
These bylaws may be altered, amended or repealed and new by-laws
|
||||
may be adopted by the Board at any regular or special meeting.
|
||||
|
||||
|
||||
CERTIFICATE OF SECRETARY
|
||||
|
||||
I certify that I am the duly elected and acting secretary of EFF-
|
||||
Austin and that the foregoing By-laws constitute the by-laws of the
|
||||
Corporation. These by-laws were duly adopted at a meeting of the
|
||||
Board of Directors held on __________________, 1992.
|
||||
|
||||
|
||||
|
||||
Dated: _________________, 1992
|
||||
|
||||
|
||||
___________________________
|
||||
Steve Jackson
|
||||
Secretary
|
||||
EFF-Austin
|
||||
|
||||
|
||||
85
textfiles.com/politics/c_a_m.txt
Normal file
85
textfiles.com/politics/c_a_m.txt
Normal file
@@ -0,0 +1,85 @@
|
||||
The Crypto Anarchist Manifesto
|
||||
|
||||
Timothy C. May
|
||||
tcmay@netcom.com
|
||||
|
||||
|
||||
A specter is haunting the modern world, the specter of crypto
|
||||
anarchy.
|
||||
|
||||
Computer technology is on the verge of providing the ability for
|
||||
individuals and groups to communicate and interact with each other
|
||||
in a totally anonymous manner. Two persons may exchange
|
||||
messages, conduct business, and negotiate electronic contracts
|
||||
without ever knowing the True Name, or legal identity, of the other.
|
||||
Interactions over networks will be untraceable, via extensive re-
|
||||
routing of encrypted packets and tamper-proof boxes which
|
||||
implement cryptographic protocols with nearly perfect assurance
|
||||
against any tampering. Reputations will be of central importance, far
|
||||
more important in dealings than even the credit ratings of today.
|
||||
These developments will alter completely the nature of government
|
||||
regulation, the ability to tax and control economic interactions, the
|
||||
ability to keep information secret, and will even alter the nature of
|
||||
trust and reputation.
|
||||
|
||||
The technology for this revolution--and it surely will be both a social
|
||||
and economic revolution--has existed in theory for the past decade.
|
||||
The methods are based upon public-key encryption, zero-knowledge
|
||||
interactive proof systems, and various software protocols for
|
||||
interaction, authentication, and verification. The focus has until now
|
||||
been on academic conferences in Europe and the U.S., conferences
|
||||
monitored closely by the National Security Agency. But only recently
|
||||
have computer networks and personal computers attained sufficient
|
||||
speed to make the ideas practically realizable. And the next ten
|
||||
years will bring enough additional speed to make the ideas
|
||||
economically feasible and essentially unstoppable. High-speed
|
||||
networks, ISDN, tamper-proof boxes, smart cards, satellites, Ku-band
|
||||
transmitters, multi-MIPS personal computers, and encryption chips
|
||||
now under development will be some of the enabling technologies.
|
||||
|
||||
The State will of course try to slow or halt the spread of this
|
||||
technology, citing national security concerns, use of the technology
|
||||
by drug dealers and tax evaders, and fears of societal disintegration.
|
||||
Many of these concerns will be valid; crypto anarchy will allow
|
||||
national secrets to be traded freely and will allow illicit and stolen
|
||||
materials to be traded. An anonymous computerized market will
|
||||
even make possible abhorrent markets for assassinations and
|
||||
extortion. Various criminal and foreign elements will be active users
|
||||
of CryptoNet. But this will not halt the spread of crypto anarchy.
|
||||
|
||||
Just as the technology of printing altered and reduced the power of
|
||||
medieval guilds and the social power structure, so too will
|
||||
cryptologic methods fundamentally alter the nature of corporations
|
||||
and of government interference in economic transactions. Combined
|
||||
with emerging information markets, crypto anarchy will create a
|
||||
liquid market for any and all material which can be put into words
|
||||
and pictures. And just as a seemingly minor invention like barbed
|
||||
wire made possible the fencing-off of vast ranches and farms, thus
|
||||
altering forever the concepts of land and property rights in the
|
||||
frontier West, so too will the seemingly minor discovery out of an
|
||||
arcane branch of mathematics come to be the wire clippers which
|
||||
dismantle the barbed wire around intellectual property.
|
||||
|
||||
Arise, you have nothing to lose but your barbed wire fences!
|
||||
|
||||
..........................................................................
|
||||
Timothy C. May | Crypto Anarchy: encryption, digital money,
|
||||
tcmay@netcom.com | anonymous networks, digital pseudonyms, zero
|
||||
408-688-5409 | knowledge, reputations, information markets,
|
||||
W.A.S.T.E.: Aptos, CA | black markets, collapse of governments.
|
||||
Higher Power: 2^756839 | PGP Public Key: by arrangement.
|
||||
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
Another file downloaded from: The NIRVANAnet(tm) Seven
|
||||
|
||||
& the Temple of the Screaming Electron Taipan Enigma 510/935-5845
|
||||
Burn This Flag Zardoz 408/363-9766
|
||||
realitycheck Poindexter Fortran 510/527-1662
|
||||
Lies Unlimited Mick Freen 801/278-2699
|
||||
The New Dork Sublime Biffnix 415/864-DORK
|
||||
The Shrine Rif Raf 206/794-6674
|
||||
Planet Mirth Simon Jester 510/786-6560
|
||||
|
||||
"Raw Data for Raw Nerves"
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
88
textfiles.com/politics/campfin.txt
Normal file
88
textfiles.com/politics/campfin.txt
Normal file
@@ -0,0 +1,88 @@
|
||||
***** Reformatted. Please distribute.
|
||||
|
||||
|
||||
|
||||
CLINTON/GORE ON CAMPAIGN FINANCE REFORM
|
||||
|
||||
|
||||
American politics is held hostage by big money
|
||||
interests. Members of Congress now collect more
|
||||
than $2.5 million in campaign funds every week
|
||||
while Political Action Committees, industry
|
||||
lobbies, and cliques of $100,000 donors buy access
|
||||
to Congress and the White House.
|
||||
|
||||
George Bush recently vetoed the 1992 Campaign
|
||||
Finance Reform Bill in order to protect the special
|
||||
interest that support him. American pay for this
|
||||
system in decreased environmental and worker safety
|
||||
regulations, increased health care costs, and
|
||||
weakened consumer regulations.
|
||||
|
||||
Bill Clinton and Al Gore believe it's long past
|
||||
time to clean up Washington. As part of their plan
|
||||
to fight the cynicism that is gripping the American
|
||||
people, Bill Clinton and Al gore will support and
|
||||
sign strong campaign finance reform legislation to
|
||||
bring down the cost of campaigning and encourage
|
||||
real competition.
|
||||
|
||||
We can't go four more years without a plan to take
|
||||
away power form the entrenched bureaucracies and
|
||||
special interests that dominate Washington.
|
||||
|
||||
|
||||
The Clinton/Gore Plan
|
||||
|
||||
* Place voluntary spending caps on House and
|
||||
Senate Races, depending on a state's
|
||||
population. These caps will level the playing
|
||||
field and encourage challengers to enter the
|
||||
race.
|
||||
|
||||
* Limit political action committee (PAC)
|
||||
contributions to the $1000 legal limit for
|
||||
individuals.
|
||||
|
||||
* Reduce the cost to television air time to
|
||||
promote real discussion and turn TV into an
|
||||
instrument of education, not a weapon of
|
||||
political assassination.
|
||||
|
||||
* Eliminate tax deductions for special interest
|
||||
lobbying expenses and the "lawyer' loophole,"
|
||||
which allows lawyer-lobbyists to disguise
|
||||
lobbying activities on behalf of foreign
|
||||
governments and powerful corporations.
|
||||
|
||||
* Require lobbyists who appear before
|
||||
Congressional committees to disclose the
|
||||
campaign contributions they've made to members
|
||||
of those committees. The public has a right
|
||||
to know when moneyed interests are trying
|
||||
influence elected officials in Washington.
|
||||
|
||||
* End the unlimited "soft" money contributions
|
||||
that are funneled through national, state, and
|
||||
local parties to Presidential candidates.
|
||||
|
||||
|
||||
The Record
|
||||
|
||||
* In the face of legislative resistance and
|
||||
powerful opposition form special interests,
|
||||
Governor Clinton spearheaded a successful
|
||||
citizen's initiative to adopt an Ethics and
|
||||
Lobbyist Disclosure Act which requires
|
||||
professional lobbyists to disclose the amount
|
||||
of money they spend to influence public
|
||||
officials, and public officials to disclose
|
||||
information about their income and financial
|
||||
holdings.
|
||||
|
||||
* Senator Gore voted for the Senate Elections
|
||||
Ethics Act which establishes spending limits
|
||||
on Senate campaigns, prohibits Federal office
|
||||
holders and candidates from raising "soft
|
||||
money," eliminates "leadership PACs," and
|
||||
encourages cleaner campaigns.
|
||||
588
textfiles.com/politics/canada.hc
Normal file
588
textfiles.com/politics/canada.hc
Normal file
@@ -0,0 +1,588 @@
|
||||
Newsgroups: bit.listserv.words-l
|
||||
Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
|
||||
Message-ID: <01GTWG1NEDEE001H7J@camins.Camosun.BC.CA>
|
||||
Date: Sun, 24 Jan 1993 14:59:52 -0800
|
||||
Sender: English Language Discussion Group <WORDS-L@uga.cc.uga.edu>
|
||||
From: Peter Montgomery <MONTGOMERY@CAMINS.CAMOSUN.BC.CA>
|
||||
Subject: Official Canadian Document on Handicap Language: c 560 lines
|
||||
Lines: 579
|
||||
|
||||
A
|
||||
|
||||
W A Y
|
||||
|
||||
with
|
||||
|
||||
W O R D S
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
GUIDELINES AND APPROPRIATE TERMINOLOGY
|
||||
FOR THE PORTRAYAL OF PERSONS WITH DISABILITIES
|
||||
|
||||
|
||||
Separate Insert Sheet with Terminology List:
|
||||
|
||||
TERMINOLOGY GUIDE
|
||||
|
||||
CONCERNING PERSONS WITH DISABLITIES
|
||||
|
||||
Do not use or say Do use or say
|
||||
|
||||
Aged (The) SENIORS
|
||||
elderly (The) Adjectives like frail, senile or feeble
|
||||
suggest a negative image of seniors
|
||||
and should not be used.
|
||||
|
||||
Birth defect PERSON WITH A DISABILITY SINCE
|
||||
congenital defect BIRTH, PERSON WHO HAS A
|
||||
deformity CONGENITAL DISABILITY
|
||||
|
||||
Blind (The) PERSON WHO IS BLIND, PERSON
|
||||
visually impaired (the) WITH A VISUAL IMPAIRMENT
|
||||
|
||||
Confined to a wheelchair PERSON WHO USES A
|
||||
wheelchair bound WHEELCHAIR, WHEELCHAIR USER
|
||||
For individuals with a mobility
|
||||
impairment, a wheelchair is a
|
||||
means to get around independently.
|
||||
|
||||
Cripple PERSON WITH A DISABILITY,
|
||||
crippled PERSON WITH A MOBILITY
|
||||
lame IMPAIRMENT, PERSON WHO
|
||||
HAS ARTHRITIS, A SPINAL CORD
|
||||
INJURY,ETC.
|
||||
|
||||
Deaf (The) PERSON WHO IS DEAF
|
||||
When referring to the entire deaf
|
||||
population and their culture it is
|
||||
acceptable to use "the deaf".
|
||||
|
||||
Hard of hearing (The) PERSON WHO IS HARD OF
|
||||
hearing impaired (the) HEARING
|
||||
These individuals are not deaf and
|
||||
may compensate for a hearing loss
|
||||
with an amplification device or
|
||||
system.
|
||||
|
||||
Epileptic (The) PERSON WHO HAS EPILEPSY
|
||||
|
||||
|
||||
Fit SEIZURE
|
||||
|
||||
Hnadicapped (The) PERSON WITH A DISABILITY
|
||||
UNLESS REFERRING TO AN
|
||||
ENVIRONMENTAL OR ATTITUDINAL BARRIER
|
||||
In such instances "Person who is
|
||||
handicapped by" is appropriate.
|
||||
|
||||
Insane PERSONS WITH A MENTAL
|
||||
lunatic HEALTH DISABILITY, PERSON WHO
|
||||
maniac HAS SCHIZOPHRENIA, PERSON
|
||||
mental patient WHO HAS DEPRESSION
|
||||
mentally diseased It is important to remember that
|
||||
neurotic the development of appropriate
|
||||
psycho terminology is still in progress;how-
|
||||
psychotic ever, the above terms are currently
|
||||
schizophrenic in use. The term "insane" (unsound
|
||||
unsound mind mind) should only be used in strictly
|
||||
legal sense. Obviously, words such
|
||||
as "crazy", "demented", "deviant"
|
||||
"loony", "mad" and "nuts" should
|
||||
be avoided.
|
||||
|
||||
Invalid PERSON WITH A DISABILITY
|
||||
The literal sense of the word
|
||||
"invalid" is "not valid".
|
||||
|
||||
|
||||
Mentally Retarded PERSON WITH AN INTELLECTUAL
|
||||
defective DISABILITY, PERSON WHO IS
|
||||
feeble minded INTELLECTUALLY IMPAIRED
|
||||
idiot One can say, a person with
|
||||
imbecile Down's syndrome, only if relevant
|
||||
moron to the story.
|
||||
retarded
|
||||
simple
|
||||
mongoloid
|
||||
|
||||
Normal PERSON WHO IS NOT DISABLED
|
||||
Normal is only acceptable in refer-
|
||||
ence to statistics, e.g., "the norm".
|
||||
|
||||
Patient PERSON WITH A DISABILITY
|
||||
Unless the relationship being referred
|
||||
to is between a doctor and client.
|
||||
|
||||
Physically challenged PERSON WITH A DISABILITY
|
||||
differently able
|
||||
|
||||
Spastic PERSON WHO HAS SPASMS
|
||||
Spastic should never be used as
|
||||
a noun.
|
||||
|
||||
Suffers from PERSON WITH A DISABILITY,
|
||||
afflicted PERSON WHO HAS CEREBRAL
|
||||
stricken with PALSY,ETC.
|
||||
Having a disability is not synony-
|
||||
mous with suffering.
|
||||
|
||||
Victim of cerebral palsy PERSON WHO HAS CEREBRAL
|
||||
multiple sclerosis, PALSY, MULTIPLE SCLEROSIS,
|
||||
arthritis, etc ARTHRITIS, ETC., PERSON
|
||||
WITH A DISABILITY, PERSON
|
||||
WITH A MOBILITY IMPAIRMENT
|
||||
|
||||
A
|
||||
WAY
|
||||
WITH
|
||||
WORDS
|
||||
Guidelines and appropriate
|
||||
terminology for the portrayal
|
||||
of persons with disabilities
|
||||
|
||||
Produced by
|
||||
Status of Disabled Persons Secretariat
|
||||
Department of the Secretary of State
|
||||
of Canada
|
||||
Ottawa, Ontario
|
||||
KlA OM5
|
||||
(819) 997-2412 (VOICE and TDD)
|
||||
|
||||
This booklet is available in alternate media format.
|
||||
Ce guide est egalement disponible en francais.
|
||||
|
||||
c Minister of Supply and Services Canada 1991
|
||||
Cat No. S2-216/1991 E
|
||||
ISBN 0-662-18713-X
|
||||
|
||||
|
||||
I N T R O D U C T I 0 N
|
||||
|
||||
Language is a powerful and important tool in
|
||||
shaping ideas, perceptions, and ultimately,
|
||||
public attitudes.
|
||||
|
||||
Words are a mirror of society's attitudes and
|
||||
perceptions. Attitudes can be the most diffi-
|
||||
cult barrier persons with disabilities must face
|
||||
in gaining full integration, acceptance and
|
||||
participation in society.
|
||||
|
||||
Careful presentation of information about per-
|
||||
sons with disabilities can help overcome neg-
|
||||
ative attitudes and shape positive ones. The
|
||||
Standing Committee on the Status of Disabled
|
||||
Persons found in its report No News is Bad
|
||||
News that vocabulary con create perception.
|
||||
Demeaning, belittling or negative words are
|
||||
a barrier to greater understanding and can
|
||||
trivialize genuine support given by a commu-
|
||||
nity to persons with disabilities.
|
||||
|
||||
Language use is changing as persons with
|
||||
disabilities claim their individual and collec-
|
||||
tive right to participate fully in society.
|
||||
|
||||
Dated and disparaging words are being
|
||||
replaced with precise, descriptive terms
|
||||
which have specific meanings that are not
|
||||
interchangeable.
|
||||
|
||||
1
|
||||
|
||||
|
||||
|
||||
Persons with disabilities are asking, just as
|
||||
women and minority groups are asking, that
|
||||
the media use respectful terms in writing
|
||||
about them or issues that affect their lives.
|
||||
|
||||
Individuals with disabilities are working to
|
||||
achieve equality, independence and full par-
|
||||
ticipation in our society. The ways in which
|
||||
issues are reported and the use of proper ter-
|
||||
minology can help persons with disabilities
|
||||
reach these goals.
|
||||
|
||||
P U R P O S E :
|
||||
|
||||
This booklet suggests current and appropriate
|
||||
terminology to reflect the increased participa-
|
||||
tion by Canadians with disabilities in our
|
||||
society. This booklet is intended to encour-
|
||||
age and promote fair and accurate portrayal
|
||||
of persons with disabilities. It is primarily
|
||||
designed for print and broadcast media pro-
|
||||
fessionals writing and reporting about issues
|
||||
of concern to persons with disabilities.
|
||||
|
||||
C O N T E N T:
|
||||
|
||||
This booklet has two sections and a remov-
|
||||
able insert. GENERAL GUIDELINES has infor-
|
||||
mation on terminology and portrayal of
|
||||
persons with disabilities.
|
||||
|
||||
|
||||
|
||||
2
|
||||
|
||||
|
||||
MEDIA COVERAGE OF PERSONS WITH
|
||||
DISABILITIES deals with reporting on issues of
|
||||
concern to persons with disabilities. The
|
||||
removable insert suggests appropriate termi-
|
||||
nology.
|
||||
|
||||
G E N E R A L G U I D E L I N E S:
|
||||
|
||||
1. It is important to remember that each
|
||||
word in today's terminology has a pre-
|
||||
cise meaning and that the words are not
|
||||
interchangeable.
|
||||
|
||||
2 "Disabled" and "handicapped" are not
|
||||
the same thing. A disability is a function-
|
||||
al limitation or restriction of an individu-
|
||||
al's ability to perform an activity. A
|
||||
"handicap" is an environmental or attitu-
|
||||
dinal barrier that limits the opportunity for
|
||||
a person to participate fully. Negative
|
||||
attitudes or inaccessible entrances to
|
||||
buildings are examples of handicaps.
|
||||
|
||||
3 The word "disabled" is an adjective, not
|
||||
a noun. People are not conditions. Do
|
||||
not use "the disabled"; use "persons with
|
||||
disabilities".
|
||||
|
||||
4 Focus on the issue rather than the disability.
|
||||
If the disability is not relevant to the story,
|
||||
it is not necessary to report it.
|
||||
|
||||
|
||||
3
|
||||
|
||||
|
||||
5 Try to avoid categorizing persons with
|
||||
disabilities as either super-achievers or
|
||||
tragic figures. Choose words that are
|
||||
non-judgemental, non-emotional and are
|
||||
accurate descriptions. Avoid using
|
||||
"brave", "courageous", "inspirational" or
|
||||
other similar words that are routinely used
|
||||
to describe a person with a disability.
|
||||
|
||||
Remember that the majority of persons
|
||||
with disabilities are average and typical
|
||||
of the rest of the population.
|
||||
|
||||
Similarly, references which cause discom-
|
||||
fort, quilt, pity or insult, should be avoided.
|
||||
Words like "suffers from stricken with",
|
||||
"afflicted by", "patient", "disease" or
|
||||
"sick" suggest constant pain and a sense
|
||||
of hopelessness. While this may be the
|
||||
case for some individuals, a disability is a
|
||||
condition that does not necessarily cause
|
||||
pain or require medical attention.
|
||||
|
||||
6 Avoid the use of words such as "burden
|
||||
"incompetent", "defective", "special",
|
||||
etc. which suggest that persons with
|
||||
disabilities should be treated differently or
|
||||
be excluded from activities generally
|
||||
available in the community.
|
||||
|
||||
4
|
||||
|
||||
|
||||
7 Be particularly careful with terminology
|
||||
used in headlines. Remember that head-
|
||||
lines make the first impression.
|
||||
|
||||
8 Refer to technical aids in factual, non-
|
||||
emotional terms. Avoid prolonged focus
|
||||
on support equipment.
|
||||
|
||||
9 Persons with disabilities are comfortable
|
||||
with the terminology used to describe
|
||||
daily living activities. Persons who use
|
||||
wheelchairs go for "walks". people with
|
||||
visual impairments "see" what you mean,
|
||||
etc. A disability may just mean that some
|
||||
things are done in a different manner;
|
||||
however, that does not mean the words
|
||||
used to describe the activity must be
|
||||
different.
|
||||
|
||||
10 Remember that although some disabilities
|
||||
are not visible, it does not mean they are
|
||||
less real. Individuals with invisible dis-
|
||||
abilities such as epilepsy, haemophilia,
|
||||
mental health, learning, or developmental
|
||||
disabilities also encounter negative
|
||||
attitudes and barriers.
|
||||
|
||||
5
|
||||
|
||||
|
||||
M E D I A C O V E R A G E
|
||||
O F P E R S O N S W I T H
|
||||
D I S A B I L I T I E S
|
||||
|
||||
Researching, Writing and Reporting
|
||||
|
||||
1 Too often, when a person with a disability
|
||||
is featured in a story that has several pos-
|
||||
sible angles, the human interest story line
|
||||
dominates, e.g., how the individual has
|
||||
overcome great odds.
|
||||
|
||||
2 There are few examples of in-depth cover-
|
||||
age of issues of particular importance to
|
||||
persons with disabilities (e.g., lack of
|
||||
physical access to facilities, employment,
|
||||
poverty, etc.).
|
||||
|
||||
3 Persons with disabilities are seldom asked
|
||||
for their views on stories dealing with
|
||||
transportation, the environment, child
|
||||
care, etc.
|
||||
|
||||
The media can help create and reinforce
|
||||
positive attitudes towards persons with
|
||||
disabilities. Progress has been made in
|
||||
recent years and media professionals are
|
||||
asking advice on how to report on,
|
||||
discuss, and write about disability.
|
||||
|
||||
6
|
||||
|
||||
|
||||
|
||||
Bridging the Communicutions Gap
|
||||
|
||||
Here are some suggestions to improve com-
|
||||
munications with persons with disabilities.
|
||||
|
||||
1 When talking with a person with a disability
|
||||
speak directly to him/her rather than
|
||||
through a companion who may be there.
|
||||
|
||||
2 Avoid putting persons with disabilities on
|
||||
a pedestal and using patronizing terms.
|
||||
Interview a person with a disability as
|
||||
you would any other person.
|
||||
|
||||
3 Do not unnecessarily emphasize differences.
|
||||
Having a "one of them" versus a "one of us"
|
||||
attitude only serves to reinforce barriers.
|
||||
|
||||
4 In visual treatments (e.g., television,
|
||||
photographs), do not dwell on technical
|
||||
aids or adaptive devices unless, of
|
||||
course, the purpose is to introduce or
|
||||
discuss a particular aid or device.
|
||||
|
||||
Following an interview, ask yourself:
|
||||
|
||||
1 Am I writing this piece because it involves
|
||||
a person with a disability or because the
|
||||
issue and related circumstances are rele-
|
||||
vant to the general population? If it did
|
||||
not involve a person with a disability,
|
||||
would I still want to write it?
|
||||
|
||||
7
|
||||
|
||||
|
||||
|
||||
2 Is a reference to a disability necessary to
|
||||
the story? If it is, am I using the correct
|
||||
terminology (e.g., "uses a wheelchair",
|
||||
and not "confined to a wheelchair")?
|
||||
|
||||
3 Is this piece accurate and unbiased?
|
||||
Have I avoided sensationalism?
|
||||
|
||||
|
||||
|
||||
C O N C L U S I O N
|
||||
|
||||
Journalists can contribute to a more positive
|
||||
and accurate image of persons with disabili-
|
||||
ties. The information provided to the general
|
||||
public, and the ways in which this informa-
|
||||
tion is presented, often create a framework
|
||||
for the attitudes people have and the ways in
|
||||
which they interact with individuals with dis-
|
||||
abilities. If the coverage of disability-related
|
||||
issues is done in a non-emotional, factual and
|
||||
integrative manner, the public will no doubt
|
||||
begin to question the prejudices and stereo-
|
||||
types that still exist.
|
||||
|
||||
8
|
||||
|
||||
|
||||
|
||||
R E F E R E N C E S :
|
||||
|
||||
Editing Canadian English. Prepared for the
|
||||
Freelance Editors Association of Canada.
|
||||
|
||||
Guidelines for Reporting ond Writing About
|
||||
People with Disabilities. Archalert, Volume 4,
|
||||
No. 7.
|
||||
|
||||
No News is Bad News. Standing Committee
|
||||
on the Status of Disabled Persons, House of
|
||||
Commons.
|
||||
|
||||
Portraying People with Disabilities. National
|
||||
Easter Seal Society (Chicago, Illinois).
|
||||
|
||||
"Watch Your Longuoge. Words Shape
|
||||
Attitudes". Frances Strong (appeared in the
|
||||
Rehabilitation Digest, winter, 1989).
|
||||
|
||||
Word Choices. A lexicon of preferred terms
|
||||
for disability issues. Office for Disabled
|
||||
Persons, Government of Ontario.
|
||||
|
||||
Words with Dignity. Ontario March of
|
||||
Dimes.
|
||||
|
||||
Worthless or Wonderful: The Social
|
||||
Stereotyping of Persons with Disobilities.
|
||||
Status of Disabled Persons Secretariat,
|
||||
Department of the Secretary of State of
|
||||
Canada.
|
||||
|
||||
9
|
||||
|
||||
|
||||
|
||||
O R G A N I Z A T I 0 N S
|
||||
C O N S U L T E D
|
||||
|
||||
Canadian Association for Community Living
|
||||
(CACL)
|
||||
4700 Keele Street, Kinsmen Building
|
||||
Toronto, Ontario
|
||||
M3J 1P3
|
||||
(416) 661-9611
|
||||
|
||||
Canadian Association of the Deaf (CAD)
|
||||
2435 Holly Lane, Suite 205
|
||||
Ottawa, Ontario
|
||||
KlV 7P2
|
||||
(613) 526-4785
|
||||
|
||||
Canadian Council of the Blind (CCB)
|
||||
396 Cooper Street
|
||||
Ottawa, Ontario
|
||||
K2P 2H7
|
||||
(613) 567-0311
|
||||
|
||||
Canadian Hard of Hearing Association
|
||||
(CHHA)
|
||||
2435 Holly Lane, Suite 205
|
||||
Ottawa, Ontario
|
||||
KIV 7P2
|
||||
VOICE (613) 526-1584,
|
||||
TDD (613) 526-2692
|
||||
|
||||
10
|
||||
|
||||
|
||||
|
||||
|
||||
Canadian Mental Health Association (CMHA)
|
||||
2160 Yonge Street
|
||||
Toronto, Ontario
|
||||
M4S 2Z3
|
||||
(416) 484-7750
|
||||
|
||||
Canadian National Institute for the Blind
|
||||
(CNIB)
|
||||
1931 Bayview Avenue
|
||||
Toronto, Ontario
|
||||
M4G 4C8
|
||||
(416) 486-2500
|
||||
|
||||
Canadian Paraplegic Association (CPA)
|
||||
520 Sutherland Drive
|
||||
Toronto, Ontario
|
||||
M4G 3V9
|
||||
(416) 391-0203
|
||||
|
||||
Coalition of Provincial Organizations
|
||||
of the Handicapped (COPOH)
|
||||
624-294 Portage Avenue
|
||||
Winnipeg, Manitoba
|
||||
R3C OB9
|
||||
(204) 947-0303
|
||||
|
||||
Learning Disabilities Association
|
||||
of Canada (LDAC)
|
||||
323 Chapel Street
|
||||
Ottawa, Ontario
|
||||
KlN 7Z2
|
||||
(613) 238-5721
|
||||
|
||||
11
|
||||
|
||||
|
||||
|
||||
National People First
|
||||
4700 Keele Street, Kinsmen Building
|
||||
Toronto, Ontario
|
||||
M3J 1P3
|
||||
(416) 661-9611
|
||||
|
||||
Canadian Deaf and Hard of
|
||||
Hearing Forum (CDHHF)
|
||||
2435 Holly Lane, Suite 205
|
||||
Ottawa, Ontario
|
||||
KIV 7P2
|
||||
VOICE (613) 526-4867,
|
||||
TDD (613) 526-2492
|
||||
|
||||
National Educational Association
|
||||
of Disabled Students (NEADS)
|
||||
4th Level Unicentre
|
||||
Carleton University
|
||||
Ottawa, Ontario
|
||||
K1S 5B6
|
||||
(613) 233-5963
|
||||
|
||||
One Voice Seniors Network
|
||||
350 Sparks Street, Suite 901
|
||||
Ottawa, Ontario
|
||||
K1R 7S8
|
||||
(613) 238-7624
|
||||
|
||||
12
|
||||
|
||||
|
||||
|
||||
The Society for Depression and Manic-
|
||||
Depression of Manitoba
|
||||
4-1 000 Notre-Dame Avenue
|
||||
Winnipeg, Manitoba
|
||||
R3F 0N3
|
||||
(204) 786-0987
|
||||
|
||||
Canadian Friends of Schizophrenics
|
||||
95 Barber Greene Road, Suite 309
|
||||
Don Mills, Ontario
|
||||
M3C 3F9
|
||||
(416) 445-820A
|
||||
|
||||
13
|
||||
128
textfiles.com/politics/cantwell.alt
Normal file
128
textfiles.com/politics/cantwell.alt
Normal file
@@ -0,0 +1,128 @@
|
||||
The Electronic Frontier Foundation
|
||||
==================================
|
||||
1001 G Street NW, Suite 950 E
|
||||
Washington DC 20001 USA
|
||||
+1 202 347 5400 (voice)
|
||||
+1 202 393 5509 (fax)
|
||||
+1 202 638 6120 (BBS)
|
||||
Internet: ask@eff.org
|
||||
|
||||
|
||||
* EFF Wants You (to add your voice to the crypto fight!) *
|
||||
|
||||
|
||||
The Electronic Frontier Foundation needs your help to ensure privacy rights!
|
||||
|
||||
|
||||
* DISTRIBUTE WIDELY *
|
||||
|
||||
Monday, February 7th, 1994
|
||||
|
||||
From: Jerry Berman, Executive Director of EFF
|
||||
jberman@eff.org
|
||||
|
||||
|
||||
Dear Friends on the Electronic Frontier,
|
||||
|
||||
I'm writing a personal letter to you because the time has now come for
|
||||
action. On Friday, February 4, 1994, the Administration announced that it
|
||||
plans to proceed on every front to make the Clipper Chip encryption scheme
|
||||
a national standard, and to discourage the development and sale of
|
||||
alternative powerful encryption technologies. If the government succeeds
|
||||
in this effort, the resulting blow to individual freedom and privacy could
|
||||
be immeasurable.
|
||||
|
||||
As you know, over the last three years, we at EFF have worked to ensure
|
||||
freedom and privacy on the Net. Now I'm writing to let you know about
|
||||
something *you* can do to support freedom and privacy. *Please take a
|
||||
moment to send e-mail to U.S. Rep. Maria Cantwell (cantwell@eff.org) to
|
||||
show your support of H.R. 3627, her bill to liberalize export controls on
|
||||
encryption software.* I believe this bill is critical to empowering
|
||||
ordinary citizens to use strong encryption, as well as to ensuring that
|
||||
the U.S. software industry remains competitive in world markets.
|
||||
|
||||
Here are some facts about the bill:
|
||||
|
||||
Rep. Cantwell introduced H.R. 3627 in the House of Representatives on
|
||||
November 22, 1993. H.R. 3627 would amend the Export Control Act to move
|
||||
authority over the export of nonmilitary software with encryption
|
||||
capabilities from the Secretary of State (where the intelligence community
|
||||
traditionally has stalled such exports) to the Secretary of Commerce. The
|
||||
bill would also invalidate the current license requirements for
|
||||
nonmilitary software containing encryption capablities, unless there is
|
||||
substantial evidence that the software will be diverted, modified or
|
||||
re-exported to a military or terroristic end-use.
|
||||
|
||||
If this bill is passed, it will greatly increase the availability of
|
||||
secure software for ordinary citizens. Currently, software developers do
|
||||
not include strong encryption capabilities in their products, because the
|
||||
State Department refuses to license for export any encryption technology
|
||||
that the NSA can't decipher. Developing two products, one with less secure
|
||||
exportable encryption, would lead to costly duplication of effort, so even
|
||||
software developed for sale in this country doesn't offer maximum
|
||||
security. There is also a legitimate concern that software companies will
|
||||
simply set up branches outside of this country to avoid the export
|
||||
restrictions, costing American jobs.
|
||||
|
||||
The lack of widespread commercial encryption products means that it will
|
||||
be very easy for the federal government to set its own standard--the
|
||||
Clipper Chip standard. As you may know, the government's Clipper Chip
|
||||
initiative is designed to set an encryption standard where the government
|
||||
holds the keys to our private conversations. Together with the Digital
|
||||
Telephony bill, which is aimed at making our telephone and computer
|
||||
networks "wiretap-friendly," the Clipper Chip marks a dramatic new effort
|
||||
on the part of the government to prevent us from being able to engage in
|
||||
truly private conversations.
|
||||
|
||||
We've been fighting Clipper Chip and Digital Telephony in the policy arena
|
||||
and will continue to do so. But there's another way to fight those
|
||||
initiatives, and that's to make sure that powerful alternative encryption
|
||||
technologies are in the hands of any citizen who wants to use them. The
|
||||
government hopes that, by pushing the Clipper Chip in every way short of
|
||||
explicitly banning alternative technologies, it can limit your choices for
|
||||
secure communications.
|
||||
|
||||
Here's what you can do:
|
||||
|
||||
I urge you to write to Rep. Cantwell today at cantwell@eff.org. In the
|
||||
Subject header of your message, type "I support HR 3627." In the body of
|
||||
your message, express your reasons for supporting the bill. EFF will
|
||||
deliver printouts of all letters to Rep. Cantwell. With a strong showing
|
||||
of support from the Net community, Rep. Cantwell can tell her colleagues
|
||||
on Capitol Hill that encryption is not only an industry concern, but also
|
||||
a grassroots issue. *Again: remember to put "I support HR 3627" in your
|
||||
Subject header.*
|
||||
|
||||
This is the first step in a larger campaign to counter the efforts of
|
||||
those who would restrict our ability to speak freely and with privacy.
|
||||
Please stay tuned--we'll continue to inform you of things you can do to
|
||||
promote the removal of restrictions on encryption.
|
||||
|
||||
In the meantime, you can make your voice heard--it's as easy as e-mail.
|
||||
Write to cantwell@eff.org today.
|
||||
|
||||
|
||||
|
||||
Sincerely,
|
||||
|
||||
Jerry Berman
|
||||
Executive Director, EFF
|
||||
jberman@eff.org
|
||||
|
||||
|
||||
|
||||
P.S. If you want additional information about the Cantwell bill, send
|
||||
e-mail to cantwell-info@eff.org. To join EFF, write membership@eff.org.
|
||||
For introductory info about EFF, send any message to info@eff.org.
|
||||
|
||||
The text of the Cantwell bill can be found on the Internet with the any of
|
||||
the following URLs (Universal Resource Locators):
|
||||
|
||||
ftp://ftp.eff.org/pub/EFF/Policy/Legislation/cantwell.bill
|
||||
http://www.eff.org/ftp/EFF/Policy/Legislation/cantwell.bill
|
||||
gopher://gopher.eff.org/00/EFF/legislation/cantwell.bill
|
||||
|
||||
It has been posted to CompuServe (go EFFSIG; hr3627.bil in Library #2),
|
||||
and GEnie (Public Forum*Non-Profit Connection library; keyword PF, page 545).
|
||||
It is also available on AOL (keyword EFF).
|
||||
|
||||
90
textfiles.com/politics/case_234.txt
Normal file
90
textfiles.com/politics/case_234.txt
Normal file
@@ -0,0 +1,90 @@
|
||||
Author: Krishna Padmasola
|
||||
e-mail: krishna@scri.fsu.edu
|
||||
Credit: The idea for writing this story came after reading the 1992 Scientific
|
||||
American special issue on Mind and Brain.
|
||||
|
||||
|
||||
Case No. 234FA
|
||||
|
||||
``It was a diminutive winged creature, a little bird with
|
||||
crimson headdress, its brown feathered body quivering with the
|
||||
restless energy derived from the accelerated metabolic rate so
|
||||
characteristic of its species. Displaying excellent navigational
|
||||
skills, it would suddenly dive into the thicket to feast on some
|
||||
insect which betrayed its own presence and relieve it of its burden of
|
||||
existence, and emerge again from the world of inconstant shadows into
|
||||
the brilliant sunlit garden. However, the feast is soon forgotten, and
|
||||
the search for new source of food begins all over again; this time
|
||||
perhaps it is a flower in bloom, its scent hinting at the presence of
|
||||
nectar, advertising its need for pollination. It was fascinating to
|
||||
watch the exquisite little bundle of life, and I could see every
|
||||
detail of its feathered body, I could feel its heartbeat, I followed
|
||||
the rythmic motion of its wings flapping in synchrony, its tail
|
||||
serving to steer and balance at the same time. There was no message in
|
||||
its existence, and as I realized the senselessness of the demand for
|
||||
the meaning of life by ossified minds, I felt a strange kinship
|
||||
towards my avian friend...''
|
||||
|
||||
Three days ago, a patient was admitted to the ward. Evidently
|
||||
he was suffering from severe depression. He used to be a dancer in a
|
||||
Broadway show, before he was fired six months ago for being rude and
|
||||
giving unsolicited advice to the director. As is usually the case, the
|
||||
onset of mania was quite sudden and apparently without any obvious
|
||||
reason. At home he mistreated his wife, and made life difficult for
|
||||
her with his tense and irritable demeanor. Then he left to live with
|
||||
his father, who also suffered from similar symptoms, though not quite
|
||||
that degree. There, however, his condition steadily deteriorated , and
|
||||
finally he accepted hospitalization. Although he received a dose of
|
||||
tranquilizer, he spent the night disrupting the ward, and in the
|
||||
morning, signed out against medical advice. That was two days ago....
|
||||
Yesterday we learnt that he had committed suicide. Interestingly, the
|
||||
cause of death was unknown. One would have thought that he had passed
|
||||
away in his sleep had it not been for the note found in his clenched
|
||||
hands, in which he stated that he was committing suicide of his own
|
||||
free will.
|
||||
|
||||
The description of the bird in the garden was one of the many
|
||||
remarkable entries we found in his diary, each of them revealing an
|
||||
intensity of perception and heightened awareness which a prejudiced
|
||||
mind would have thought him incapable of possessing. It has been
|
||||
observed that manic-depressives are talented or even endowed with
|
||||
genius. Perhaps, as some suggest, the extreme swings of mood and the
|
||||
accompanying changes of outlook may give rise to creativity. The same
|
||||
emotional fluctuations often lead manic-depressives to exhibit
|
||||
suicidal tendencies, and their spark of creativity is prematurely
|
||||
extinguished , perhaps an indication of the inherent instability of
|
||||
creativity itself. If I were allowed to speculate, I might say that
|
||||
creativity is a local revolution against mental entropy; but that is
|
||||
the philosopher's job, and henceforth I shall withhold myself from
|
||||
trespassing into the realm of his investigations.
|
||||
|
||||
How did he come by his death? That is an interesting question,
|
||||
but his diary is mute upon that point, understandably so. Perhaps if
|
||||
the fleeting images of his thoughts in the moments prior to his death
|
||||
were captured by an invisible scribe , they might read like this...
|
||||
`` I am on the shore of a mighty ocean, a silent observer, dwarfed by
|
||||
its magnificence to an insignificant speck . The waves are rushing to
|
||||
pounce upon the beach, then receding to muster all their strength and
|
||||
prepare for a fresh assault with renewed determination. But deep below
|
||||
the raging surface, there is an undercurrent, signifying confidence
|
||||
and purpose. This, I recognize to be my mind, my conciousness
|
||||
witnessing the various activities going on in it. I am now lying down,
|
||||
with the suicide note in my hand, and have willed myself to death. The
|
||||
waves are subsiding gradually , and now the surface is disturbed only
|
||||
by tiny ripples. I feel my breath to be a tenuous thread connecting me
|
||||
with life. Deep down, on the ocean floor, a dormant volcano is about
|
||||
to wake up, and if it did, its tremors would create a tidal wave of
|
||||
uncontrollable fury. This is my innermost survival instinct rebelling
|
||||
against the sentence I have placed upon myself, but it vanished as
|
||||
soon as I recognised its identity. Now the ocean is completely
|
||||
stagnant, its surface mirroring the blue sky above. Suddenly, there
|
||||
are clouds floating across the sky, their reflections skimming the
|
||||
ocean surface. These are the images of various people, cherished,
|
||||
forgotten or vanished memories , the faces, sights, sounds and smells
|
||||
that I had hoarded in my unconcious. They are of no value to me
|
||||
anymore. Of what use are dead memories to a dead man? My breath has
|
||||
stopped and the heart has followed suit. Now there is just the calm
|
||||
ocean, and a clear blue sky , both merging together in the horizon.
|
||||
There is no more division between the mind and the conciousness; they
|
||||
are one. Only I exist. ''
|
||||
|
||||
71
textfiles.com/politics/cato1091.rep
Normal file
71
textfiles.com/politics/cato1091.rep
Normal file
@@ -0,0 +1,71 @@
|
||||
CATO POLICY REPORT
|
||||
|
||||
CHAIRMAN'S MESSAGE
|
||||
|
||||
(By CATO Institute Chairman William Niskanen)
|
||||
|
||||
The Crime Bill is a Killer
|
||||
|
||||
Crime in the United States is a serious problem. The crime bill now being
|
||||
considered in Congress, however, is not a serious solution. A product of
|
||||
mindless Republicans and spineless Democrats, the crime bill is counter-
|
||||
productive, discriminatory, and expensive. Let me count the ways.
|
||||
|
||||
Approval of the crime bill would probably INCREASE the number of murders.
|
||||
It has been widely reported that the bill authorizes capital punishment for some
|
||||
51 crimes. What has not been widely reported is that 10 of those crimes involve
|
||||
something other than murder; treason, espionage, transporting explosives with
|
||||
intent to kill, arson of federal property in interstate commerce, the fourth
|
||||
felony conviction of a major drug supplier, drug trafficking "drive by
|
||||
shootings," aircraft hijacking, hostage taking, kidnapping, and bank robbery.
|
||||
Those are clearly serious offenses. The problem with authorizing capital
|
||||
punishment for them is that it would eliminate any marginal deterrent effect on
|
||||
the offender who murders the victims or witnesses to those offenses. That would
|
||||
surely increase the number of hostages, kidnap victims, witnesses to bank
|
||||
robbery, and so on who are murdered. The deterrent effect of a criminal penalty
|
||||
is a function of the severity of the penalty and the probability of arrest and
|
||||
conviction. An increase in the penalty for the crimes listed here would reduce
|
||||
the number of offenders convicted, at the cost of the lives of innocent victims
|
||||
and witnesses.
|
||||
|
||||
Second, the bill creates different classes of murders, depending on the
|
||||
status of the victim. The murder of foreign officials, a wide range of federal
|
||||
officials from the president to poultry inspectors, the families of federal
|
||||
officials, state officials assisting federal officials, court officers and
|
||||
jurors, and others would be capital crimes. The bill would not provide a
|
||||
similar deterrent for the 99-plus percent of murders that do not fall under
|
||||
those categories. Similarly, the bill authorizes a police officers "bill of
|
||||
rights" without addressing the rights of those who are abused by the arbitrary
|
||||
exercise of police power. One might hope that those sections would be ruled
|
||||
unconstitutional as inconsistent with equality under the law.
|
||||
|
||||
And third, the bill is expensive, authorizing an additional #3 billion of
|
||||
federal funds for enforcement, incarceration, and the training of police
|
||||
officials. That figure underestimates the total cost, because other provisions
|
||||
would increase the current overcrowding of state prisons and jails. Crime is a
|
||||
serious problem, and additional funding might be appropriate if there were any
|
||||
evidence that it would reduce crime. Sen. Warren Rudman (R-N.H.) expressed what
|
||||
may be a common belief when he said, "Crime in America is inversely proportional
|
||||
to the number of policemen we have on the streets." Unfortunately, there is NO
|
||||
evidence that a general increased in funding for police and corrections would
|
||||
reduce crime.
|
||||
|
||||
The provisions of the crime bill discussed above are broadly supported by
|
||||
the Bush Administration and members of Congress of both parties. Most of the
|
||||
controversy has been focused on the provisions affecting gun control and the
|
||||
exclusionary rule. Crime in America is a serious problem, but whatever the
|
||||
merits of those provisions, the crime bill of 1991 is not serious legislation.
|
||||
|
||||
In 1723, the English Parliament passed the Black Act, which authorized the
|
||||
capital punishment for such heinous offenses as stalking deer in disguise at
|
||||
night, cutting down young trees, and writing threatening letters. The crime bill
|
||||
now before the House is addressed to more serious offenses, but the political
|
||||
incentives to talk tough and legislate stupidly are the same as those that led
|
||||
to the notorious Black Act.
|
||||
|
||||
Submitted by:
|
||||
|
||||
Chris Crobaugh
|
||||
North Ridgeville, Ohio 44039
|
||||
(216) 327-6655
|
||||
|
||||
BIN
textfiles.com/politics/cattlism.fun
Normal file
BIN
textfiles.com/politics/cattlism.fun
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83
textfiles.com/politics/ccbc-w.txt
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83
textfiles.com/politics/ccbc-w.txt
Normal file
@@ -0,0 +1,83 @@
|
||||
WIRED's Press Release Regarding the Ban - 3/23/94
|
||||
FOR IMMEDIATE RELEASE Contact:
|
||||
Taara Eden Hoffman
|
||||
544 Second Street Director of Publicity
|
||||
San Francisco, CA 94107 USA +1 (415) 904 0666
|
||||
taara@wired.com
|
||||
|
||||
|
||||
|
||||
Cyberspace Cannot Be Censored
|
||||
*****************************
|
||||
|
||||
WIRED Responds to Canadian Ban of Its April Issue
|
||||
|
||||
Wednesday, March 23, 1994, San Francisco
|
||||
|
||||
|
||||
WIRED's April issue has been banned in Canada. WIRED's offense? Publication
|
||||
of a story called "Paul and Karla Hit the Net," a 400-word article about
|
||||
how Canadians are getting around a Canadian court decision to ban media
|
||||
coverage of details in the Teale-Homolka murder case.
|
||||
|
||||
This article does not reveal details of the case. Instead, the article
|
||||
|
||||
WIRED's Press Release Regarding the Ban - 3/23/94 (23/24)
|
||||
explains why the media ban has proven unenforceable and reports how
|
||||
information on the case is readily available to Canadians.
|
||||
|
||||
According to a survey conducted by the Ottawa Citizen newspaper, 26 percent
|
||||
of those polled said they knew prohibited details of the trial, because
|
||||
they are continuously leaked by Canadian court witnesses, police, and
|
||||
others to the international media. Once this information is published, it
|
||||
pours back into Canada via fax, videocassettes, magazines and photocopies
|
||||
of articles, e-mail, Internet newsgroups, and other online services. In the
|
||||
United States, People magazine, and the TV show, A Current Affair as well
|
||||
as the New York Times and other publications and shows have covered the
|
||||
story and the ban.
|
||||
|
||||
As WIRED's story and the action of Canada's Attorney General make clear,
|
||||
the ban is not only a waste of time and money,but has actually had the
|
||||
opposite effect of what was intended. Rumors and sensationalized accounts
|
||||
of the case abound, and the Teale-Homolka trial is one of the hottest
|
||||
topics of discussion among Canadians.
|
||||
|
||||
"Banning of publications is behavior we normally associate with Third World
|
||||
dictatorships," said WIRED publisher Louis Rossetto. "This an ominous
|
||||
indication that the violation of human rights is becoming Canadian policy."
|
||||
|
||||
WIRED's Press Release Regarding the Ban - 3/23/94 (24/47)
|
||||
According to Rossetto, the Canadian Government's recent seizure of gay and
|
||||
lesbian periodicals under the guise of controlling "pornography" and its
|
||||
behavior in the Teale-Homolka case have made Canada a leading violator of
|
||||
free speech rights, and have set a scary precedent for other nations that
|
||||
would like to control what its citizens read and think.
|
||||
|
||||
"Information wants to be free," said Jane Metcalfe, WIRED's president. "At
|
||||
the end of the 20th century, attempts to ban stories like this one are
|
||||
condemned to be futile. That WIRED's criticism of the ban has itself been
|
||||
banned is supremely ironic and utterly chilling."
|
||||
|
||||
Since WIRED supports free speech, WIRED is making the text of its "banned"
|
||||
story with details on how readers can get more information on the case
|
||||
available on the Internet. Canadians and people around the world can
|
||||
discover exactly what the Canadian government is trying to keep hidden.
|
||||
|
||||
The banned article text can be obtained via the following WIRED Online
|
||||
services:
|
||||
|
||||
o WIRED Infobot e-mail server send e-mail to infobot@wired.com,
|
||||
containing the words "get
|
||||
homolka/banned.text" on a single
|
||||
|
||||
WIRED's Press Release Regarding the Ban - 3/23/94 (24/69)
|
||||
line inside the message body
|
||||
|
||||
o WIRED Gopher gopher to gopher.wired.com
|
||||
select "Teale-Homolka "
|
||||
|
||||
o WIRED on World Wide Web http://www.wired.com
|
||||
select "Teale-Homolka "
|
||||
|
||||
The complete text of WIRED 2.04 will be available from the Infobot, Gopher,
|
||||
and World Wide Web on April 19.
|
||||
BIN
textfiles.com/politics/centamer.hum
Normal file
BIN
textfiles.com/politics/centamer.hum
Normal file
Binary file not shown.
605
textfiles.com/politics/century.txt
Normal file
605
textfiles.com/politics/century.txt
Normal file
@@ -0,0 +1,605 @@
|
||||
[Speech: Massachusetts Libertarian Party:
|
||||
200th Birthday of the Bill of Rights, December 19, 1991.]
|
||||
|
||||
|
||||
|
||||
The occasion of the two-hundredth anniversary of the Bill of
|
||||
Rights reminds us to be very worried about the growth since World War Il
|
||||
of a national-security oligarchy, a secret and invisible state within
|
||||
the public state.
|
||||
|
||||
The national-security state has come upon us not all at once but
|
||||
bit by bit over a span of several decades. It is useful to review the
|
||||
episodes -- the ones that are now known to us -- through which the current
|
||||
situation evolved.
|
||||
|
||||
1. 1945: The Gehlen Deal
|
||||
|
||||
Wild Bill Donovan of the wartime Office of Strategic Services,
|
||||
the OSS, proposed to President Roosevelt before the war was over that
|
||||
the United States should setup a permanent civilian intelligence agency,
|
||||
but military foes of Donovan leaked his plan to a conservative
|
||||
journalist, Walter Trohan, who exposed the idea in the Chicago _Tribune_
|
||||
and denounced it as an" American Gestapo." [1]
|
||||
|
||||
But only a few weeks after this. after Roosevelt's death and the
|
||||
inauguration of Harry Truman. In the utmost secrecy, the Army was taking
|
||||
its own much more dangerous steps toward an American Gestapo.
|
||||
|
||||
Days after the Nazi surrender in May 1945, a US Army command
|
||||
center in southern Germany was approached by Nazi Brigadier General
|
||||
Reinhard Gehlen. Gehlen was the chief of the Nazi intelligence apparatus
|
||||
known as the FHO, Foreign Armies East. The FHO ran spy operations
|
||||
throughout East Europe and the Soviet Union during the war, and it
|
||||
remained intact during the late-war period when the rest of the
|
||||
Wehrmacht was crumbling. In fact, the FHO was the one part of the
|
||||
Naziwar machine that continued to recruit new members right through the
|
||||
end of the war. SS men at risk of war crimes charges in particular were
|
||||
told to join with Gehlen, go to ground, and await further orders.
|
||||
|
||||
Gehlen presented himself for surrender to the American forces
|
||||
with an arrogant, take-me-to-your-leader attitude and was for a few
|
||||
weeks shunted aside by GIs who were unimpressed by his demand for
|
||||
red-carpet treatment. But he had an interesting proposal to make and was
|
||||
soon brought before high-level officers of the Army's G-2 intelligence
|
||||
command.
|
||||
|
||||
Gehlen's proposal in brief: Now that Germany has been defeated,
|
||||
he told his captors, everyone knows that the pre-war antagonism between
|
||||
the Soviet Union and the United States will reappear - Who emerges with
|
||||
the upper hand in Europe may well depend on the quality of either side's
|
||||
intelligence. The Soviets are well known to have many spies placed in
|
||||
the United States and the American government, but the Americans have
|
||||
almost no intelligence capability in East Europe and the Soviet Union.
|
||||
Therefore, Gehlen proposes that the United States Army adopt the FHO in
|
||||
its entirety, including its central staff, as well as its underground
|
||||
intelligence units, several thousand men strong, throughout East Europe
|
||||
and the U.S.S.R. Thus, the FHO will continue doing what it was doing for
|
||||
Hitler that is, fighting Bolshevism - but will now do it for the United
|
||||
States.
|
||||
|
||||
The OSS was formally dismantled in the fall of 1945 at the very
|
||||
moment at which General Gehlen and six of his top aides were settling
|
||||
into comfortable quarters at the army's Fort Hunt in Virginia, not far
|
||||
from the Pentagon. For the next several months, in highly secret
|
||||
conversations, Gehlen and the U.S. Army hammered out the terms of their
|
||||
agreement. By February 1946, Gehlen and his staff were back in Europe,
|
||||
installed in a new village-sized compound in Pullach, from which they
|
||||
set about the business of reactivating their wartime intelligence
|
||||
network, estimated at between 6,000 and 20,000 men, all of them former
|
||||
Nazis and SS members, many of them wanted for war crimes but now (like
|
||||
the famous Klaus Barbie) protected through Gehlen's deal with the United
|
||||
States both from the Nuremberg Tribunal and the de-Nazification
|
||||
program.
|
||||
|
||||
Thus it was that the superstructure of the United States'
|
||||
post-war intelligence system was laid on the foundation of an international
|
||||
Nazi spy ring that had come to be the last refuge of SS war criminals who
|
||||
had no other means of escaping judgment. The Gehlen Org, as it came to be
|
||||
called by the few Americans who knew about it (and needless to say, the United
|
||||
States Congress knew nothing of the Gehlen deal, and the evidence is strong
|
||||
that Truman knew very little, if anything at all, about it) continued to serve
|
||||
the United States as its eyes and ears on Europe and the U.S.S.R. until 1955.
|
||||
At that time, fulfilling one of the terms of the secret treaty of Fort Hunt in
|
||||
1945, the entire Gehlen Org was transferred to the new West German government,
|
||||
which gave it the name of the Federal Intelligence Service, or BND, and which
|
||||
the descendants of General Gehlen serve to this day. The BND continued to serve
|
||||
as the backbone of NATO intelligence and is said to have supplied well into the
|
||||
1960s something in the order of seventy percent of the NATO intelligence take.
|
||||
|
||||
This is the base upon which the U.S. intelligence system was
|
||||
founded. The National Security Act of 1947 reorganized the military and
|
||||
created the CIA, but the Gehlen Org was the base from which U.S.
|
||||
intelligence developed throughout the decades of the Cold War. I am not
|
||||
trying to imply here that Stalin was not a villain or that Soviet
|
||||
communism was not a threat to Europe. I am saying rather that everything
|
||||
American policymakers believed they knew about Europe and the U.S.S.R.
|
||||
well into the 1960s was sent to them by an intelligence network made up
|
||||
completely of Hitler's most dedicated Nazis. I believe this fact helps to
|
||||
explain how the American national-security community evolved the
|
||||
quasi-fascistic credo we can observe developing in the following incidents.
|
||||
|
||||
2. 1945: Operation Shamrock
|
||||
|
||||
This program, set up by the Pentagon and turned over to the
|
||||
National Security Agency after 1947, was discovered and shut down by
|
||||
Congress in 1975. As a House committee explained in a 1979 report,
|
||||
Shamrock intercepted "virtually all telegraphic traffic sent to, from,
|
||||
or transitting the United States." Said the House report,'Operation
|
||||
Shamrock was the largest government interception program affecting
|
||||
Americans" ever carried out. In a suit brought by the ACLU in the 1978
|
||||
to declassify Shamrock files, the Defense Department claimed that either
|
||||
admitting or denying that the Shamrock surveillance took place, never
|
||||
mind revealing actual files, would disclose "state secrets." A judicial
|
||||
panel decided in the Pentagon's favor despite the ACLU's argument that
|
||||
to do so was 'dangerously close to an open ended warrant to intrude on
|
||||
liberties guaranteed by the Fourth Amendment.' [2]
|
||||
|
||||
3. 1945: Project Paperclip
|
||||
|
||||
This is perhaps the most famous of such programs but it is still
|
||||
not well understood. The U.S. Army wanted German rocket scientists both
|
||||
for its own interest in rocketry and to keep them out of the hands of
|
||||
the Soviets, who had the same ambitions. United States law forbade these
|
||||
scientists' entry into the U.S., however, because they were all Nazis
|
||||
and members of the SS, including the prize among them, Dr. Werner von
|
||||
Braun. The Army acted unilaterally, therefore, in bringing the rocket
|
||||
scientists to the United States as prisoners of war and defining the
|
||||
Redstone rocket laboratory in Huntsville as a POW compound. Later the
|
||||
Paperclip scientists were de- Nazified by various bureaucratic means and
|
||||
emplaced at the center of the military space program. What is not well
|
||||
understood is that hundreds of additional Nazi SS members who had
|
||||
nothing at all to contribute to a scientific program were also admitted.
|
||||
This included the SS bureaucrat who oversaw the slave labor efforts in
|
||||
digging the underground facilities at the Nazi rocket base on
|
||||
Peenemunde. [3]
|
||||
|
||||
4. 1947: Project Chatter
|
||||
|
||||
The U.S. Navy initiated this program to continue Nazi
|
||||
experiments in extracting truth from unwilling subjects by chemical
|
||||
means, especially mind-altering drugs such as Mescaline. This was at the
|
||||
same time that U.S. investigative elements detailed to the Nuremberg
|
||||
Tribunal were rounding up Nazis suspected of having experimented with
|
||||
"truth serums" during World War II. Such experiments are banned by
|
||||
international law. [4]
|
||||
|
||||
5. 1948: Election Theft
|
||||
|
||||
New to the world and eager to learn, the CIA immediately began
|
||||
spending secret money to influence election results in France and Italy.
|
||||
Straight from the womb, it thus established a habit of intervention
|
||||
which, despite being rationalized in terms of the Red menace abroad,
|
||||
would ultimately find expression within the domestic interior. [5]
|
||||
|
||||
6. 1953: MK-Ultra
|
||||
|
||||
The CIA picked up the Navy's Project Chatter and throughout the
|
||||
1950s and '60s ran tests on involuntary and unwitting subjects using
|
||||
truth drugs and electro-magnetic fields to see if it could indeed
|
||||
control a subject's mind without the subject's being aware. This
|
||||
research continued despite the fact that the United States signed the
|
||||
Nuremberg Code in 1953 stipulating that subjects must be aware, must
|
||||
volunteer, must have the aid of a supervising doctor, and must be
|
||||
allowed to quit the experiment at any moment.
|
||||
|
||||
7. 1953: HT/Lingual
|
||||
|
||||
The CIA began opening all mail traveling between United States
|
||||
and the U.S.S.R. and China. HT/Lingual ran until 1973 before it was
|
||||
stopped. We found out about it in 1975. [6]
|
||||
|
||||
8. 1953: Operation Ajax
|
||||
|
||||
The CIA overthrew Premier Mohammed Mossadegh in Iran,
|
||||
complaining of his neutralism in the Cold War, and installed in his
|
||||
place General Fazlollah Zahedi, a wartime Nazi collaborator. Zahedi
|
||||
showed his gratitude by giving 25-year leases on forty percent of Iran's
|
||||
oil to three American firms. One of these firms, Gulf Oil, was fortunate
|
||||
enough a few years later to hire as a vice president the CIA agent
|
||||
Kermit Roosevelt, who had run Operation Ajax. Did this coup set the
|
||||
clock ticking on the Iranian hostage crisis of 1979-80? [7]
|
||||
|
||||
9. 1954: Operation Success
|
||||
|
||||
The CIA spent $20 million to overthrow the democratically
|
||||
elected Jacabo Arbenz in Guatemala for daring to introduce an agrarian
|
||||
reform program that the United Fruit Company found threatening. General
|
||||
Walter Bedell Smith, CIA director at the time, later joined the board of
|
||||
United Fruit. [8]
|
||||
|
||||
10. 1954: News Control
|
||||
|
||||
The CIA began a program of infiltration of domestic and foreign
|
||||
institutions, concentrating on journalists and labor unions. Among the
|
||||
targeted U.S. organizations was the National Student Association, which
|
||||
the CIA secretly supported to the tune of some $200,000 a year. This
|
||||
meddling with an American and thus presumably off-limits organization
|
||||
remained secret until _Ramparts_ magazine exposed it in 1967. It was at
|
||||
this point that mainstream media first became curious about the CIA and
|
||||
began unearthing other cases involving corporations, research centers,
|
||||
religious groups and universities. [9]
|
||||
|
||||
11. 1960-1961: Operation Zapata
|
||||
|
||||
Castro warned that the United States was preparing an invasion
|
||||
of Cuba, but this was 1960 and we all laughed. We knew in those days the
|
||||
United States did not do such things. Then came the Bay of Pigs, and we
|
||||
were left to wonder how such an impossible thing could happen.
|
||||
|
||||
12. 1960--63: Task Force W
|
||||
|
||||
Only because someone still anonymous inside the CIA decided to
|
||||
talk about it to the Senate Intelligence Committee in 1975, we
|
||||
discovered that the CIA's operations directorate decided in September
|
||||
1960: (a) that it would be good thing to murder Fidel Castro and other
|
||||
Cuban leaders, (b) that it would be appropriate to hire the Mafia to
|
||||
carry these assassinations out, and (c) that there would be no need to
|
||||
tell the President that such an arrangement was being made. After all,
|
||||
was killing not the Mafia's area of expertise?
|
||||
|
||||
It hardly seemed to trouble the CIA that the Kennedy
|
||||
administration was at the very same time trying to mount a war on
|
||||
organized crime focusing on precisely the Mafia leaders that the CIA was
|
||||
recruiting as hired assassins.
|
||||
|
||||
13. 1964: Brazil
|
||||
|
||||
Two weeks after the Johnson administration announced the end of
|
||||
the JFK Alliance for Progress with its commitment to the principle of
|
||||
not aiding tyrants, the CIA staged and the U.S. Navy supported a coup
|
||||
d'etat in Brazil over-throwing the democratically elected Joao Goulart.
|
||||
Within twenty-four hours a new right-wing government was installed,
|
||||
congratulated and recognized by the United States.
|
||||
|
||||
14. 1965: The DR
|
||||
|
||||
An uprising in the Dominican Republic was put down with the help
|
||||
of 20,000 U.S. Marines. Ellsworth Bunker, the U.S. ambassador, Abe
|
||||
Fortas, a new Supreme Court justice and a crony of LBJ's presidential
|
||||
advisors (Adolf Berle, Averill Harriman, and Joseph Farland) were all on
|
||||
the payroll of organizations such as the National Sugar Refining
|
||||
Company, the Sucrest Company, the National Sugar Company, and the South
|
||||
Puerto Rico Sugar Company--all of which had holdings in the Dominican
|
||||
Republic that were threatened by the revolution.
|
||||
|
||||
15. 1967: The Phoenix Program
|
||||
|
||||
A terror and assassination program conceived by the CIA but
|
||||
implemented by the military command targeted Viet Cong cadres by name
|
||||
-- a crime of war, according to international law. At least twenty thousand
|
||||
were killed, according to the CIA's own William Colby, of whom some 3,000
|
||||
were political assassinations. A CIA analyst later observed "They
|
||||
killed a lot of the wrong damn people". [10]
|
||||
|
||||
16. August 1967: COINTELPRO
|
||||
|
||||
Faced with mounting public protest against the Vietnam War, the
|
||||
PBI formally inaugurated its so-called COINTELPRO operations, a
|
||||
rationalized and extended form of operations under way for at least a
|
||||
year. A House committee reported in 1979 that "the FBI Chicago Field
|
||||
Office files <20> <20> <20> in 1966 alone contained the identities of a small
|
||||
army of 837 informers, all of whom reported on antiwar activists' political
|
||||
activities, views or beliefs, and none of whom reported on any unlawful
|
||||
activities by these activists." [11]
|
||||
|
||||
17. October 1967: MH/Chaos
|
||||
|
||||
Two months after the PBI started up COINTELPRO, the CIA followed
|
||||
suit with MH/Chaos, set up in the counterintelligence section run by a
|
||||
certifiable paranoid named James Jesus Angleton. Even though the illegal
|
||||
Chaos infiltration showed that there was no Soviet financing or
|
||||
manipulation of the antiwar movement, Johnson refused to accept this,
|
||||
and the operation continued in to the Nixon administration. By 1971, CIA
|
||||
agents were operating everywhere there were students inside America,
|
||||
infiltrating protest groups not only to spy on them but to provide
|
||||
authentic cover stories they could use while traveling abroad and
|
||||
joining foreign anti-war groups. Chaos was refocused on international
|
||||
terrorism in 1972, but another operation, Project Resistance, conducted
|
||||
out of the CIA Office of Security, continued surveillance of American
|
||||
domestic dissent until it was ended in June 1973.
|
||||
|
||||
18. April 1968: The King Plot
|
||||
|
||||
The assassination of Martin Luther King, Jr. led at once to
|
||||
massive urban riots, the breakup of the nonviolent civil rights movement
|
||||
and in ten years to a congressional investigation that found evidence of
|
||||
conspiracy, despite the initial finding that, as in the JFK case, the
|
||||
assassin was a lone nut. The conspiracy evidence included proof that the
|
||||
FBI had directly threatened King and that, in the certain knowledge that
|
||||
King was a target of violent hate groups, the Memphis Police Department
|
||||
had withdrawn its protective surveillance and had let this fact be known
|
||||
publically via newspaper, radio, and television broadcasts.
|
||||
|
||||
19. June 1968: The RFK Hit
|
||||
|
||||
The assassination of Robert Kennedy came on the heels of his
|
||||
victory in the California presidential primary. This victory had
|
||||
virtually guaranteed his nomination as an antiwar presidential candidate
|
||||
at the Democratic convention in August. The assassinations of King and
|
||||
the second Kennedy were body blows to the civil rights and the antiwar
|
||||
movements and drove nails in the coffins of those who were still
|
||||
committed to the principles of democratic nonviolent struggle.
|
||||
|
||||
From now on there would be virtually nothing left of the
|
||||
organized movement except the Black Panthers and the Weathermen, both
|
||||
committed to violence and thus both of them doomed. The official
|
||||
verdict in Robert Kennedy's murder was, predictably enough, that it was
|
||||
the work of another lone nut. This conclusion was reached by a
|
||||
still-secret Los Angeles Police Department investigation, despite the
|
||||
fact that L.A. coroner Thomas Noguchi found that most of RFK's wounds were
|
||||
fired point blank behind him whereas the alleged assassin Sirhan Sirhan, by
|
||||
unanimous testimony of many eyewitnesses, never got his pistol closer to
|
||||
Kennedy than six feet and was always in front of him. It was true
|
||||
nevertheless, that Sirhan fired. It was also true that he was, and
|
||||
apparently remains, insane. Sirhan has claimed several times that he
|
||||
was "programmed" to carry out the assassination by unnamed sources. Was Sirhan
|
||||
the offspring of Project Chatter and/or MK-Ultra?
|
||||
|
||||
20. 1969: Operation Minaret
|
||||
|
||||
This was a CIA program charted to intercept (according to a
|
||||
House Report) "the international communications of selected American
|
||||
citizens and groups on the basis of lists of names, 'watchlists,'
|
||||
supplied by other government agencies...The Program applied not only to
|
||||
alleged foreign influence on domestic dissent, but also to American
|
||||
groups and individuals whose activities 'may result in civil
|
||||
disturbances...'" [14]
|
||||
|
||||
21. April 1971: Helms protests
|
||||
|
||||
In a rare public speech to the American Society of Newspaper
|
||||
Editors, CIA Director Richard Helms asked the nation to "take it on
|
||||
faith that we too are honorable men devoted to her service." He went on
|
||||
to say, "We do not target on American citizens." [15]
|
||||
|
||||
22. 1972: Watergate
|
||||
|
||||
As though to give body to Helms' touching promise, seven CIA
|
||||
Operatives detailed to the Nixon White House played the same political
|
||||
game the CIA learned abroad in all its clandestine manipulations from
|
||||
France to Brazil, from Italy to Guatemala, but now in the context of
|
||||
U.S. Presidential politics. Whether through sheer fluke or a subtle
|
||||
counter-conspiracy, Nixon's CIA burglars were caught in the act, and two
|
||||
years later Nixon was therefore forced to resign. For a moment, a
|
||||
window opened into the heart of darkness.
|
||||
|
||||
23. 1973: Allende Murdered
|
||||
|
||||
Frustrated in its 1970 efforts to control the Chilean election,
|
||||
the CIA resorted to murder once again in the elimination of Salvador
|
||||
Allende. Allende government official Orlando Letelier along with an
|
||||
American supporter, Ronnie Moffit, were also killed, not far away in
|
||||
Chile, but in Dupont Circle in our nation's capital.
|
||||
|
||||
24. Late 1970s: "Defenders of Democracy"
|
||||
|
||||
As death squads raged through Latin America, FBI agents and U.S.
|
||||
marshals in Puerto Rico secretly created, trained and armed a super-secret
|
||||
police unit named "Defenders of Democracy" and dedicated to the assassination
|
||||
of leaders of the Puerto Rican independence movement. [16]
|
||||
This was in the Jimmy Carter period. Did Carter know?
|
||||
|
||||
25. 1980: October Surprise
|
||||
|
||||
The facts in this strange first act of the Iran-Contra episode
|
||||
are still in dispute, but the charge made by Barbara Honegger, activist
|
||||
in the Reagan 1980 campaign, and by Carter national security aide Gary
|
||||
Sick, is of megascandal dimensions.
|
||||
|
||||
Honegger and Sick claim in outline that in 1980 William Casey,
|
||||
long-time U.S. super-spy but at that point without the least portfolio,
|
||||
led a secret Reagan campaign delegation to Europe to strike a secret
|
||||
deal with Iran, a nation with which the United States was virtually at
|
||||
war because of the 42 hostages Iran had seized from the U.S. embassy.
|
||||
|
||||
In the alleged deal, Iran agreed not to release the hostages
|
||||
until the U.S. presidential race was over, thus denying President Carter
|
||||
the political benefit of getting the hostages back. Reagan agreed that,
|
||||
if elected, he would help Iran acquire certain weapons. Well, for a few
|
||||
bucks here and there, too, of course, and something for Israel, but the
|
||||
basic deal was U.S. Arms for U.S. hostages held by Iran.
|
||||
|
||||
The basic deal was also so deeply criminal as to go beyond all
|
||||
statutes but those that deal with treason.
|
||||
|
||||
26. 1970s and 1980s: The Noreiga Connection
|
||||
|
||||
The CIA was exposed time and again throughout these decades in
|
||||
big-time international dope trafficking. This was not altogether new.
|
||||
Already in the late '60s we had discovered that this was happening in
|
||||
Southeast Asia, where the CIA's regional airline, Air America, was found
|
||||
deeply involved in the opium trade being run out of the so called Golden
|
||||
Triangle centered in Laos and involving Chinese drug lords associated
|
||||
with the anti-Communist Kuomintang. [17] The ClA's support in moving
|
||||
large amounts of opium was valuable, it seemed, in maintaining good
|
||||
relations with our anti-Communist friends. In the 1970s and '80s, CIA
|
||||
drug operations appeared in this hemisphere for a related but even
|
||||
better reason: they were a convenient way to finance anti-Communist
|
||||
operations that the Congress would not fund.
|
||||
|
||||
The rash of drug cases around former Panamanian strongman Manuel
|
||||
Noriega--once a darling of the CIA until he dared oppose U.S. policy in
|
||||
Nicaragua--provides a glimpse into the true heart of the contemporary
|
||||
CIA. Noriega received as much as $10 million a month from the Medellin
|
||||
Cartel (whose profits were $3 million a day) plus $200,000 a year from
|
||||
the CIA for the use of Panamanian runways in transhipment of cocaine to
|
||||
the north.
|
||||
|
||||
Noriega is only in trouble today because he turned against the
|
||||
Reaganauts. The real attitude of Reagan and Bush toward drug trafficking
|
||||
is indicated much less in Noriega's trial itself than in the kind of
|
||||
deals the Justice Department is willing to make to convict him.
|
||||
According to a recent _Boston Globe_ news story, federal prosecution
|
||||
have paid at least $1.5 million in "fees" for testimony against Noriega.
|
||||
In addition, some government witnesses have received freedom from life
|
||||
sentences, recovery of stashed drug profits and confiscated property,
|
||||
and permanent U.S. residency and work permits for themselves and family
|
||||
members.
|
||||
|
||||
The best deals go to the biggest offenders, such as Carlos
|
||||
Lehder. Leader of the Medellin Cartel, Lehder was sentenced to 145 years
|
||||
in prison, but is probably facing a real sentence of less than five
|
||||
years on account of his collaboration against Noriega. He is said to
|
||||
have made a $10-million contribution to the contra cause.
|
||||
|
||||
The case of Floyd Carlton is also instructive. Carlton was a
|
||||
drug pilot whose testimony led to Noriega's indictment in 1988. He was
|
||||
allowed by Bush's prosecutors to transfer his cocaine profits into the
|
||||
U.S.tax-free. Bush also promised not to seize his various homes and
|
||||
ranches and agreed to pay $210,000 to support his wife, three children,
|
||||
and a nanny and to furnish them with permanent residence in the U.S. and
|
||||
work permits. [18]
|
||||
|
||||
27. October 1986: The Enterprise
|
||||
|
||||
A contra supply plane was shot down in Nicaragua. A low-level
|
||||
CIA agent named Eugene Hassenfus was captured alive. Hassenfus chose not
|
||||
to make a martyr of himself, and thus was born the Iran-Contra scandal,
|
||||
a continuation of the politics of the October Surprise but on a far
|
||||
grander scale. The CIA and the NSC were learning how to operate beyond
|
||||
the reach of American Law. With the "free-standing, off-the-books"
|
||||
organization they called "the Enterprise," capable of financing it's
|
||||
operations from drug profits and thus independent of the exchequer, The
|
||||
likes of Oliver North and John Poindexter and Theodore Shackley and
|
||||
Thomas Clines and Rafael Quintero and William Casey had it made. They
|
||||
could form U.S. policy pretty much by themselves, especially since the
|
||||
super-patriot Ronald Reagan seemed content to blink and doze. Who cared
|
||||
what Congress might think or say? As Admiral Poindexter put it so
|
||||
eloquently, "I never believed . . . that the Boland Amendment ever
|
||||
applied to the -- National Security Council staff." [19]
|
||||
|
||||
28. 1991: BCCI
|
||||
|
||||
The main difference between the CIA's early Cold War scandals
|
||||
and the ones we are seeing today is that the more recent ones are
|
||||
immeasurably more complex. This is sharply true of our last two
|
||||
examples, one of which is that of the still emerging scandal around the
|
||||
Bank of Credit and Commerce International. The BCCI scandal appears to
|
||||
involve the CIA in a far-flung international financial network created
|
||||
for the primary purpose of laundering vast amounts of drug money and
|
||||
with the secondary purpose of ripping off the unsuspecting smaller banks
|
||||
that BCCI acquired in pursuit of its primary objective.
|
||||
|
||||
One fascinating aspect of the BCCI scandal is that it may at last supply
|
||||
us with the final solution of one of the outstanding riddles of the last
|
||||
decades--namely, why does the government insist on keeping drugs illegal
|
||||
since the only evident result of this is to keep the price of drugs (in
|
||||
both dollars and lives) high? Could this be because it is the secret
|
||||
elements of the Government--The CIA, the NSC, the Enterprise--that is actually
|
||||
selling them?
|
||||
|
||||
29. 1991: Casolaro
|
||||
|
||||
Finally, consider just briefly another case of astounding
|
||||
complexity, still not at all exposed, still writhing in the
|
||||
twilight--the case of Inslaw, Inc., involving the George Bush Justice
|
||||
Department and the death of Danny Casolaro, a free-lance investigative
|
||||
journalist with whom I happen to identify most closely, even though I
|
||||
never met him.
|
||||
|
||||
The story in brief: Inslaw, Inc. in the early 1980s was an
|
||||
enterprising computer software company whose most important product was
|
||||
a software program called Promis. Promis' appeal lay in the fact that it
|
||||
made it possible for Justice Department attorneys to keep track of an
|
||||
extremely large number of cases. The Justice Department bought Promis
|
||||
from Inslaw in 1982 and began installing it in its various offices.
|
||||
|
||||
Inslaw had completed nineteen installations of Promis within a
|
||||
year, and all seemed to be going well. But suddenly the Justice
|
||||
Department began to complain about Promis and soon was refusing to pay
|
||||
Inslaw, which therefore careened into bankruptcy.
|
||||
|
||||
The fact, however, was that nothing at all was wrong with
|
||||
Promis. Rather, the Justice Department--so it is alleged--had made a
|
||||
deal with Dr. Earl Brian, California health secretary under Governor
|
||||
Ronald Reagan. In this alleged deal--which Dr. Brian denies--the Justice
|
||||
Department would simply steal Inslaw's Promis software and give it to
|
||||
Dr. Brian, who--would then be in a position to sell it back to the
|
||||
Justice Department for an estimated $250 million.
|
||||
|
||||
Part of the reason the Justice Department was willing to do this
|
||||
for Dr. Brian, as the allegation continues, is that Brian had helped
|
||||
persuade Iranian leaders to cooperate with Reagan in the October
|
||||
Surprise operation of 1980.
|
||||
|
||||
But there's more to the allegation. The attempt to get Promis
|
||||
out of Inslaw's hands and into Dr. Brian's had two other purposes,
|
||||
according to Inslaw's attorney, Elliot L. Richardson. The first was "to
|
||||
generate revenue for covert operations not authorized by Congress. The
|
||||
second was to supply foreign intelligence agencies with a software
|
||||
system that would make it easier for U.S. eavesdroppers to read
|
||||
intercepted signals." That is, a back door access was built into the
|
||||
Promis software. Anyone who bought Promise was buying a Trojan Horse.
|
||||
|
||||
Danny Casolaro had talked to many of the informants in this
|
||||
case. Telling friends he was on his way to contact an informant who
|
||||
would put the last piece in the picture, he left his home in Washington
|
||||
in August l99l to travel to Martinsburg, West Virginia, where he took a
|
||||
hotel room and waited for the informant to contact him. Before leaving
|
||||
he had told his friends not to believe it if he died in a car accident.
|
||||
|
||||
He was found dead in his room, in the bathtub, with both arms
|
||||
slashed a total of twelve times. The Martinsburg police quickly ruled
|
||||
his death a suicide and allowed his body to be embalmed immediately,
|
||||
even before notifying his family of his death. His hotel room was
|
||||
cleaned of the least indication that he had been in it. His briefcase
|
||||
and his notes were never found. In his _New York Times_ op-ed piece
|
||||
about this last October, Elliot Richardson ended by reminding his
|
||||
readers that he had called for a special prosecutor once before.
|
||||
|
||||
Richardson was the nominated Attorney General in 1973 and
|
||||
resigned in disagreement with Nixon, calling for a special prosecutor to
|
||||
investigate Watergate.
|
||||
|
||||
Now Richardson wants another special prosecutor to probe the
|
||||
Inslaw case. He believes Casolaro was murdered and that evidence points
|
||||
to "a widespread conspiracy implicating lesser government officials in
|
||||
the theft of Inslaw's technology." These same officials, of course,
|
||||
would also be involved in the apparent attempt to generate funding for
|
||||
illegal covert operations and to sneak Trojan Horse software into the
|
||||
systems by which other governments monitor their litigation caseloads.
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
We can be sure at least that the events we have briefly reviewed
|
||||
here are not isolated and separate. In the painful story that begins
|
||||
with General of the Third Reich Reinhard Gehlen and continues down to
|
||||
the death of Danny Casolaro, we face a stream of systemically connected
|
||||
corruption and abuses of power.
|
||||
|
||||
A secret state has set itself up within the darkest corners of
|
||||
the American government. It is what Nixon adviser John Dean called a
|
||||
cancer on the presidency, but it has metastasized well beyond the White
|
||||
House. It is not paranoia to call attention to this, but a simple act
|
||||
of realism.
|
||||
|
||||
|
||||
NOTES
|
||||
|
||||
1. John Ranalegh, The Agency: The Rise and Decline of the CIA (New
|
||||
York: Simon and Schuster, 1987), p. 80.
|
||||
|
||||
2. House Select Committee on Assassinations: Report, vol. Vlll, pp.
|
||||
506-08.
|
||||
|
||||
3. Linda Hunt, Secret Agenda (New York: St. Martins Press, 1990).
|
||||
|
||||
4. Martin Lee and Bruce Shlain, Acid Dreams (New York: Grove
|
||||
Press, 1985).
|
||||
|
||||
5. Ranalegh, p. 131.
|
||||
|
||||
6. Ibid., p. 270.
|
||||
|
||||
7. Ibid., p. 261-64.
|
||||
|
||||
8. Ibid., p. 268.
|
||||
|
||||
9. Ibid., p. 246, p. 471.
|
||||
|
||||
10. Ibid., p. 440, p. 553.
|
||||
|
||||
11. HSCA, vol. VIII, p. 524.
|
||||
|
||||
12. Ranalegh, p. 534.
|
||||
|
||||
13. The HSCA Report. Findings and Recommendations (Washington: U.S.
|
||||
Government Printing Office, 1979). See p. 407 re the FBI and p.
|
||||
418 re the MPD.
|
||||
|
||||
14. HSCA, vol. VIII, p. 507.
|
||||
|
||||
15. Ranalegh, p. 281.
|
||||
|
||||
16. See Boston Globe and New York Times stories of January 29, 1992.
|
||||
|
||||
17. See Alfred McCoy, The Politics of Heroin in Southeast Asia (New
|
||||
York: Harper Colophon, 1973).
|
||||
|
||||
18. Boston Globe, Dec. 13, 1991.
|
||||
|
||||
19. Iran-Contra Trading Cards #35.
|
||||
723
textfiles.com/politics/cfp1-sum
Normal file
723
textfiles.com/politics/cfp1-sum
Normal file
@@ -0,0 +1,723 @@
|
||||
Date: Mon, 1 Apr 91 22:56:31 EST
|
||||
|
||||
[not an April Fool's joke]
|
||||
|
||||
From: mercuri@grad1.cis.upenn.edu (Rebecca Mercuri)
|
||||
|
||||
Subject: Computers, Freedom, Privacy Trip Report
|
||||
|
||||
The following constitutes my trip report for the Computers, Freedom and
|
||||
Privacy Conference held March 26-28, Airport Marriott Hotel,
|
||||
Burlingame, California. Although I have made a sincere attempt to
|
||||
relate the events of the conference in a fair and unbiased manner, the
|
||||
nature of the material covered entails a certain amount of emotion and
|
||||
it is difficult, if not impossible, to separate one's own feelings from
|
||||
the subject matter. I therefore apologize for any inadvertent mistakes,
|
||||
omissions, or philosophical commentary. Readers are encouraged to send
|
||||
corrections to me at the email address below. No flames please!
|
||||
|
||||
Respectfully submitted, R. T. Mercuri
|
||||
|
||||
mercuri@gradient.cis.upenn.edu
|
||||
|
||||
|
||||
No portion of this document may be copied or distributed for commercial
|
||||
purposes without the prior express written permission of the author.
|
||||
Non-commercial uses are permitted, but the author and source must be
|
||||
credited.
|
||||
Copyright (C) 1991 R. T. Mercuri. All Rights Reserved. [Edited lightly
|
||||
by PGN and included in RISKS with permission of the author.]
|
||||
|
||||
This work was partially supported by the University of Pennsylvania's
|
||||
Distributed Systems Laboratory as a part of its promotion of the
|
||||
professional activities of its students. Matching funds were also
|
||||
provided by Election Watch, a division of the Urban Policy Research
|
||||
Institute, a non-profit organization.
|
||||
|
||||
|
||||
======================================================================
|
||||
The First Conference on Computers, Freedom and Privacy was organized
|
||||
and chaired by Jim Warren, and sponsored by the Computer Professionals
|
||||
for Social Responsibility (CPSR). Numerous other organizations also
|
||||
lent their support to the conference, which was attended by
|
||||
approximately 400 individuals (described by Terry Winograd as ranging
|
||||
>from the sandals of Silicon Valley to the dark suits of Washington)
|
||||
covering the fields of law, investigation, programming, engineering,
|
||||
computer science, hacking, industry, media, academics, government, law
|
||||
enforcement, and civil rights. The crowd was about 75% male, with very
|
||||
few minorities in evidence (only ~10% of the speakers were female, and
|
||||
none were minorities). Attendees formed a veritable who's who of
|
||||
hacking with key figures such as Captain Crunch, Phiber Optik, Steve
|
||||
Jackson, Craig Neidorf, and other notables there, some accompanied by
|
||||
an entourage of defense and prosecuting attorneys. Cliff Stoll and Ted
|
||||
Nelson (separately) took the opportunity to distribute copies of their
|
||||
books and give autos. (Cliff was fond of playing with a brightly-
|
||||
colored yo-yo and writing memos to himself on his hand, Ted appeared to
|
||||
be creating a video record of the conference by filming each speaker
|
||||
with a small hand-held camera for a few seconds as each talk began.) A
|
||||
list of attendees was distributed, providing all information that each
|
||||
participant marked as "open". The vast majority of participants
|
||||
provided their name, company, address, phone number and email address.
|
||||
Some people remarked privately that had they been more aware of the
|
||||
manner in which such information is currently being used, they likely
|
||||
would have "closed" more of their own data. (The list was printed in
|
||||
name-alphabetical order so it was unfortunately possible to derive the
|
||||
names of individuals who elected not to be listed.)
|
||||
|
||||
Jim Warren, who described himself as a self-made multi-millionaire,
|
||||
entrepreneur, futures columnist, and member of the board of directors
|
||||
of MicroTimes and Autodesk, Inc., took a severe loss on the conference.
|
||||
He had estimated break-even at 500 participants, but had only achieved
|
||||
around 300 paid admissions as most of the media and some staff members
|
||||
attended for free. To his credit, he organized a fast-paced, well-run
|
||||
(on-time) conference which allowed many of the key figures in this
|
||||
field to present their thoughts and ideas. Audio and videotapes, as
|
||||
well as the conference proceedings (published by Springer-Verlag) will
|
||||
be available shortly [write to CFP Proceedings, 345 Swett Road,
|
||||
Woodside, CA 94062]. The conference was preceded by a day of tutorial
|
||||
sessions, but I was unable to attend those activities.
|
||||
|
||||
My major criticism regarding the conference was that the sheer volume
|
||||
of speakers (over 20 per day) allowed little time for questioning from
|
||||
the audience. Many of those who were not wearing red speaker's badges
|
||||
began feeling like second-class citizens whose opinions were neither
|
||||
wanted nor recognized. If someone managed to obtain a microphone and
|
||||
used it to make a statement rather than to ask a question, they were
|
||||
routinely hissed by a large portion of the audience. The unresolved
|
||||
tension became most obvious on the last day of the conference when,
|
||||
during the panel discussion on Electronic Speech, Press & Assembly, a
|
||||
loud altercation broke out in the front of the room. This panel had a
|
||||
representative from Prodigy Services, but the person who was supposed
|
||||
to give opposing commentary (apparently regarding the email privacy
|
||||
issue) had been unable to appear. Certain attendees were prepared to
|
||||
present their views, but were informed that they would not be permitted
|
||||
to do so. A private meeting was arranged for those who wished to
|
||||
discuss the Prodigy matter, but many found this to be unacceptable.
|
||||
|
||||
An oft-heard word describing the material revealed during the
|
||||
conference was "chilling". After the second day of the conference I
|
||||
became aware of how invasive the monitoring systems have become. As I
|
||||
returned to my room within the hotel, I realized that my use of the
|
||||
electronic pass-key system could alert the hotel staff of my entry and
|
||||
exit times. People could leave messages for me, which would be reported
|
||||
on my television screen, all of this being recorded in some database
|
||||
somewhere, possibly not being erased after my departure. My entire
|
||||
hotel bill, including phone calls and meal charges could also be
|
||||
displayed on my television screen, along with my name, for anyone to
|
||||
access (without a password) if they were in my room. Chilling indeed.
|
||||
Pondering all of this, I left the room, lured to the hotel lobby by the
|
||||
sound of what I assumed to be a cocktail piano player. When I located
|
||||
the baby grand piano I realized that, through the high-tech wonders of
|
||||
Yamaha, no human sat at the keyboard. A sophisticated computerized unit
|
||||
rendered a seemingly- endless sequence of expertly arranged tunes, with
|
||||
no requests allowed from the audience. This ghostly image reemphasized,
|
||||
to me, the silent pervasion of computers into our daily lives, and the
|
||||
potential erosion of personal freedom and privacy.
|
||||
|
||||
Throughout the conference, many problems were posed, few answers were
|
||||
given. Factions developed --- some people felt we needed more laws,
|
||||
some people felt we needed fewer laws, some felt that all data
|
||||
(including program code) should be free and accessible to everyone,
|
||||
some felt that everything is personal property and should be
|
||||
specifically released by the owner(s) prior to general use. Certain
|
||||
people felt that all problems could be resolved by tightly encrypting
|
||||
everything at all times (the issue of password distribution and
|
||||
retention was ignored). What was resolved was to form an organization
|
||||
called the US Privacy Council which "will attempt to build a consensus
|
||||
on privacy needs, means, and ends, and will push to educate the
|
||||
industry, legislatures, and citizens about privacy issues." The first
|
||||
thing this organization did was form a newsgroup, called alt.privacy. I
|
||||
observed that at least 50 messages were posted to this newsgroup within
|
||||
the 3 days following the conference, most pertaining to privacy of
|
||||
emails. This was disappointing, to say the least. Presumably people
|
||||
will use the mailing list and the newsgroup to disseminate information,
|
||||
but whether this is merely a duplication of other existing newsgroups
|
||||
(such as RISKS), and whether the Privacy Council will have any impact
|
||||
at all, shall be left to be seen.
|
||||
|
||||
The conference opened with a comment by Jim Warren that this meeting
|
||||
could be "the first Constitutional Convention of the new frontier". He
|
||||
then introduced Harvard Law Professor Lawrence Tribe who used the
|
||||
analogy of cyberspace to describe some of the problems of a "virtual
|
||||
constitutional reality". He quoted Eli Noam as saying that "networks
|
||||
become political entities" and that there could conceivably be "data
|
||||
havens", private networks much like Swiss bank accounts, which are
|
||||
virtual governments in themselves. He asserted that a bulletin board
|
||||
sysop is not a publisher, in the same way that a private bookstore
|
||||
owner is not a publisher. The individual merely makes the products
|
||||
available, and has the responsibilities of a seller, not a publisher.
|
||||
Tribe then went on to delineate five major points. First, there is a
|
||||
vital difference between governmental (public) and private actions.
|
||||
Second, ownership is an issue that goes beyond that which may be
|
||||
technologically feasible. Property encourages productivity. You have a
|
||||
constitutional right to inhabit your own body. Free speech may be a
|
||||
luxury we can't afford (like yelling "fire" in a crowded theater, or
|
||||
viruses roaming the network). Third, the government cannot control
|
||||
speech as such. Recently it was ruled that answers to very simple
|
||||
questions (such as your name, age) are considered testimonial, as they
|
||||
require the use of the human mind. Fourth, the Constitution was founded
|
||||
on a normative understanding of humanity, and should not be subject to
|
||||
disproof by science and technology. The words of the 4th Amendment
|
||||
apply to material things, it defends people, not places. It is the task
|
||||
of law to inform and project an evolutionary reading of the bill of
|
||||
rights to new situations. Fifth, Constitutional principles should not
|
||||
vary with accidents of technology. In conclusion, Tribe proposed an
|
||||
additional amendment to the constitution which asserted that "this
|
||||
Constitution's protection for freedom of speech, press,
|
||||
assembly...shall be construed as fully applicable without regard to the
|
||||
technological medium used."
|
||||
|
||||
The first panel discussion of the conference was titled: Trends in
|
||||
Computers and Networks. Peter Denning of NASA Ames introduced the panel
|
||||
by stating that computers are now under attack due to security being
|
||||
added on as an afterthought. John Quarterman of Texas Internet
|
||||
Consulting then discussed the manner in which user/host names could be
|
||||
made more readable (accessable) on the network. Peter Neumann of SRI
|
||||
overviewed general issues surrounding the authorship of the "Computers
|
||||
at Risk" book, stating that the group involved with the text was
|
||||
primarily interested in motivating efforts towards evaluating safe,
|
||||
secure, reliable systems (and that they only proposed general
|
||||
guidelines in the text). He warned the listeners "don't wait for the
|
||||
catastrophe". Neumann also mentioned the issue of disenfranchization of
|
||||
the poor and lower class who will be unable to access the new
|
||||
technology, stating that "gaps are getting much bigger". Martin Hellman
|
||||
of Stanford University discussed cryptography. He stated that the 56
|
||||
bit DES standard was set not by technology, but instead by economics.
|
||||
He mentioned a study at Bell Labs that indicated that 70% of all
|
||||
passwords there could be cracked using a dictionary technique. He
|
||||
believes that technology will not solve all of our problems, and that
|
||||
persons who are concerned about social responsibility are not
|
||||
(necessarily) anti-technical. David Chaum of DigiCash spoke about
|
||||
informational rights and secure channels with regard to electronic
|
||||
money transactions. He believes that with an adequately encrypted
|
||||
system there is no necessity for a central, mutually trusted party. The
|
||||
problem is in finding a practical encryption protocol, or a
|
||||
distributed, mutually-trusted tamper-proof box solution. David Farber
|
||||
of the University of Pennsylvania expressed the view that protection
|
||||
schemes might not be "retrofittable" and should be part of the
|
||||
fundamental design of computer architecture, protocols and technology,
|
||||
rather than being tacked on, but he worried that people may not be
|
||||
willing to pay for these design features. Farber also mentioned the
|
||||
possibility of retroactive wiretapping, where archived data could be
|
||||
obtained through invasive means.
|
||||
|
||||
The second panel session was titled: International Perspectives and
|
||||
Impacts. Ronald Plesser of the Washington D.C. law firm of Piper &
|
||||
Marbury first mentioned that these issues impact on how international
|
||||
business is conducted. Many countries, particularly in Europe, have
|
||||
already established standards with which we must comply. Databases
|
||||
feeding Europe must be concerned with the processing of personal data
|
||||
of individuals. Certain directives have been authored that are so
|
||||
general in scope as to be difficult to apply ("to all files located in
|
||||
its territory" was one example). Tom Riley, of Riley Information
|
||||
Services in Canada, continued this discussion regarding data protection
|
||||
policies. He urged the authoring of a harmonized directive, similar to
|
||||
that for other exports. The United States, by lagging behind in
|
||||
establishing standards of its own, risks the possibility of losing the
|
||||
opportunity to affect these policies as they are being written. David
|
||||
Flaherty entertained the crowd with his "George Bush" speech, stressing
|
||||
that "privacy begins at home". Robert Veeder of the D.C. Office of
|
||||
Information Regulatory Affairs discussed the impact of the 30,000+
|
||||
messages to Lotus which effectively stopped the production of their CD-
|
||||
ROM database. This electronic lobbying had never been used to such
|
||||
great effect prior to that time. He believes the electronic forum will
|
||||
provide larger access to public concerns. (The impression I was left
|
||||
with was that certain governmental agencies are not wholly enthusiastic
|
||||
about this powerful method of expression, and that they are monitoring
|
||||
the situation.)
|
||||
Next, we heard from a variety of speakers on the subject of Personal
|
||||
Information and Privacy. Janlori Goldman, of the ACLU, discussed the
|
||||
"library lending" project by the FBI. This was an attempt to track
|
||||
library usage habits of foreign nationals. The ACLU objects to this
|
||||
sort of surveillance as well as other similar broad-based methods. An
|
||||
audience member criticized the ACLU's own release of membership data,
|
||||
to which Janlori replied that she did not agree with her organization's
|
||||
policy to allow such releases, but was currently unable to do more than
|
||||
protest against it. John Baker, Senior Vice President of Equifax,
|
||||
described the benefits of information with regard to improved goods,
|
||||
services, prices, convenience and wider choices. (Equifax is an
|
||||
organization which supplies marketplace data with specific information
|
||||
about consumers.) He stressed that people need to understand their
|
||||
rights, responsibilities and opportunities with regard to their
|
||||
published data. He believes that the Lotus Marketplace product was
|
||||
flawed because of the delay involved when customers wanted to "opt-out"
|
||||
of the database. He portrayed a spectrum of controls over data usage,
|
||||
ranging from no restrictions (free speech), through some restrictions
|
||||
(based on impact, sensitivity, access, security and confidentiality),
|
||||
to absolute restrictions (where the available information would have
|
||||
little value). Equifax took a survey on consumer interest in
|
||||
availability of data for direct marketing purposes which revealed that
|
||||
75% would find it acceptable as long as there is a facility to opt-out.
|
||||
An audience member raised the point that the default is opt-out rather
|
||||
than opt-in.
|
||||
|
||||
These two speakers were followed by a debate between Marc Rotenberg,
|
||||
Washington Office Director of the Computer Professionals for Social
|
||||
Responsibility, and Alan Westin, Professor of Public Law and Government
|
||||
at Columbia University, with the subject "should individuals have
|
||||
absolute control over secondary use of their personal information?"
|
||||
Marc argued in favor of the statement, using an eloquent oratorial
|
||||
style, and Alan spoke in opposition with the demeanor of a seasoned
|
||||
litigator. Marc made such statements as "we are all privacy advocates
|
||||
about something in our personal lives", "it is the most fragile
|
||||
freedom" and "protect privacy, change the default", stressing that the
|
||||
individual should have the right to control the value and use of their
|
||||
personal information. Alan outlined four major issues: 1. Nature of the
|
||||
secondary use; 2. Society should decide on fair uses, not a nihilistic
|
||||
veto; 3. Underpinning of constitutional democracy; 4. Adequate control
|
||||
protects against potential misuse. He believes that the consumer
|
||||
benefits from the advantages of a knowledge society. No winner/loser of
|
||||
the debate was declared.
|
||||
|
||||
Speakers continued on the subject of Personal Information and Privacy.
|
||||
Lance Hoffman, of the EE & CS department at George Washington
|
||||
University, mentioned that Japan will be instituting a system of
|
||||
personal phone number calling --- basically you can send and receive
|
||||
calls at your "own" phone number wherever you happen to be situated.
|
||||
This permits very close tracking of individual movements and is a
|
||||
potential further invasion of privacy. He noted that no one has ever
|
||||
received the ACM Turing Award for a socially responsible system, and
|
||||
encouraged positive recognition of achievements along these lines. He
|
||||
also recommended that a "dirty dozen" list of worst systems be compiled
|
||||
and distributed.
|
||||
|
||||
Evan Hendricks, editor and publisher of Privacy Times, listed many
|
||||
records that are and are not currently protected by law from
|
||||
distribution. Interestingly, video rental records are protected, but
|
||||
medical records are not. He cited an interesting example of a
|
||||
circumstance where a man and woman living in the same home (but with
|
||||
different last names) were sent copies of each other's bills, urging
|
||||
them to encourage their "roommate" to pay. It turned out that the
|
||||
individuals were landlady and tenant. Another interesting fact that
|
||||
Evan revealed was that studies indicate ~30% of social security numbers
|
||||
in some databases are inaccurate. Lists of persons having filed
|
||||
Workmen's Compensation claims have, in some cases, been used to
|
||||
blacklist people from jobs. Hendricks urged people to ban the recording
|
||||
and distribution of human genome information --- some parents
|
||||
voluntarily provide cellular test results in case their child is later
|
||||
missing or kidnapped. There is no way to know how these records are
|
||||
likely to be used in the future.
|
||||
|
||||
Tom Mandel, director of the Values and Lifestyles Program (VALS) at
|
||||
SRI, spoke in favor of the Lotus Marketplace product. He felt that the
|
||||
30K response was not representative of the general public, and believes
|
||||
that a small percentage of "media sophisticates" can have apply greater
|
||||
leverage. He noted that VALS is currently involved with a joint venture
|
||||
with Equifax, who is currently involved with a joint venture with
|
||||
Lotus.
|
||||
|
||||
Willis Ware, of the RAND Corporation, chaired the HEW committee that
|
||||
led to the 1980 privacy act (a reporter preparing materials for
|
||||
publication can not be searched). He felt that the government
|
||||
previously was considered to be a threat to privacy, not a protector,
|
||||
and considers the privacy issue as one of social equity. He indicated
|
||||
that personal information should not be considered to be private
|
||||
property, and should be shared in an equitable manner. To apply
|
||||
royalties for usage would place a tremendous impact on costs. He noted
|
||||
that the databases behind airline, pharmacy and point-of-sale systems
|
||||
may be open to access by various groups including the Internal Revenue
|
||||
Service and Drug Enforcement personnel.
|
||||
|
||||
Simon Davies, a member of the law faculty at Australia's University of
|
||||
New South Wales, provided a sobering criticism of this conference and
|
||||
the United States' policy making processes, stating that the conference
|
||||
was too "nice" and "conciliatory" and that the "US is an embarrassment
|
||||
to the privacy issue". He used the term "pragvocate" (pragmatic
|
||||
advocate) to describe policy-makers who are well-trained, say the right
|
||||
things, and denounce extremes, giving environmentalists as an example.
|
||||
He reminded us that the basis of the US system is not to "opt-out" ---
|
||||
no one would write to the LA police asking "don't beat me up". Davies
|
||||
alerted us to the fact that Thailand, an oppressive military
|
||||
government, is currently purchasing US technology to provide smart ID
|
||||
cards for their citizens. He noted that the Smithsonian Institute
|
||||
awarded them a trophy for their use of technology. He stated that the
|
||||
United States is encouraging similar activities in the Philippines and
|
||||
Indonesia.
|
||||
|
||||
A somewhat light-hearted after-dinner talk was delivered by Eli Noam,
|
||||
of Columbia University's School of Business, on the subject of
|
||||
"reconciling free speech and freedom of association". He suggested that
|
||||
phone systems be established whereby individuals can provide their
|
||||
friends and associates with special access codes so that they can dial
|
||||
them. Others can call, but at a higher rate. (Note that this would
|
||||
likely have an adverse impact on legitimate business and social calls
|
||||
as well as possibly reducing undesirable calls.) He stated that
|
||||
presently "no computer can write the 4-line plot capsules that appear
|
||||
in TV Guide", with regard to the failure of AI systems. Noam questioned
|
||||
the lack of policies concerning what happens to an information data
|
||||
base after an individual's death. He concluded with the statement that
|
||||
for "all digital systems --- 0's and 1's are created equal."
|
||||
|
||||
The second day of the conference opened with a session on Law
|
||||
Enforcement Practices & Problems. Glenn Tenney, well known as the
|
||||
organizer of the Hacker's Conference, chaired this panel with little
|
||||
comment. Don Ingraham, Assistant DA of Alameda County, Calif. (who,
|
||||
during a tutorial earlier in the week, distributed information on the
|
||||
writing of search warrants), gave a fantastically humorous
|
||||
presentation. He spoke of the "pernicious myth of cyberspace" and
|
||||
declared "you ARE the country". He mentioned that systems exist with
|
||||
"the security built in of a sieve" and that people have their
|
||||
information on these systems, but not necessarily because they want it
|
||||
to be there. He feels that the attitude of "don't worry, we don't need
|
||||
standards" is a poor one, and that laws should be written to let the
|
||||
people know what the rules are. He would rather see an organization
|
||||
formed called Sociable Professionals for Responsible Computing (instead
|
||||
of CPSR). He finished his talk by saying "if you don't do it, who will
|
||||
-- if not now, when" (a Talmudic quotation that he used without
|
||||
citation).
|
||||
|
||||
Robert Snyder, of the Columbus Ohio Police Department, presented the
|
||||
view of the "cop on the street". He spoke of his naivete when first
|
||||
entering the field of computer law, and how much evidence was destroyed
|
||||
at first by listening to suspects who told him to type things like
|
||||
"format c:" in order to access the hard disk. He has encountered
|
||||
situations where the suspect actually does not know what is on the
|
||||
system --- some of these are cases where a parent is running a business
|
||||
and a child is using the machine for illicit hacking purposes. In these
|
||||
cases, even though he has a warrant to obtain all of the computer
|
||||
equipment, he often will not shut down a legitimate business. He
|
||||
brought up the issue of unregistered software sitting on a confiscated
|
||||
system. There are liability problems dealing with the return of such
|
||||
materials. Basically he stated that the law enforcement personnel
|
||||
require further education and training, and should operate within
|
||||
guidelines but with prudence.
|
||||
|
||||
Donald Delaney, Senior Investigator with the New York State Police,
|
||||
began his talk by relating how when his home was burglarized in 1985,
|
||||
he experienced a feeling of violation. This feeling is much the same
|
||||
with computer crime. Many firms experience a loss of income from such
|
||||
activities. In his experience, many of the people caught are engaged in
|
||||
more crimes than the ones they are charged with.
|
||||
|
||||
Dale Boll, Deputy Directory of the Fraud Division of the U.S. Secret
|
||||
Service, spoke of the various forms of access device fraud (credit
|
||||
card, ATM, passwords, phone access, frequent flyer numbers, etc.). He
|
||||
stated that it is illegal to posses counterfeit access devices and that
|
||||
if you have 15+ illegal access devices or numbers in your possession,
|
||||
you may be a subject of federal investigation. They have a 96%
|
||||
conviction rate. ATM cards can be manufactured illegally using
|
||||
cardboard and regular audio tape. The credit card industry is now
|
||||
losing $1 Billion per year. An audience member asked if they are using
|
||||
programs like Gofer (grep for UNIX hackers) to search for information
|
||||
they want on bulletin boards and networks. He replied that although
|
||||
they own this program, they use it personally and not for investigation
|
||||
purposes.
|
||||
|
||||
The next session, on Law Enforcement and Civil Liberties, had seven
|
||||
participants, none of whom were given much time to present their views.
|
||||
I will briefly highlight what they said here. Sheldon Zenner, the
|
||||
Attorney for Craig Neidorf said that the prosecutors had originally
|
||||
sought a 2-year sentence, and that thanks to many of the people at this
|
||||
conference who rallied to Craig's support, they were able to get him
|
||||
off. Mark Rasch who defended the internet worm case stated that the
|
||||
expectation of privacy is changed because of the technology employed --
|
||||
- technology affects behavior. Cliff Figallo, manager of the WELL
|
||||
(Whole Earth 'Lectronic Link, popular among many Bay Area participants
|
||||
as an alternative means of accessing the Internet) addressed his
|
||||
concerns about overuse of law enforcement. He wants his users to feel
|
||||
safe. Sharon Beckman, Litigation Council to the Electronic Freedom
|
||||
Foundation (EFF) and Attorney for Steve Jackson Games (whose computers
|
||||
were seized, when one of his fantasy games was perceived as being
|
||||
capable of training users to "hack" into computers) stated that
|
||||
underlying values of the constitution should be interpreted in terms of
|
||||
today's technology. Ken Rosenblatt, a District Attorney covering the
|
||||
Silicon Valley area, stated that he is charged with upholding civil
|
||||
liberties and feels that the laws are presently adequate. Mike Gibbons,
|
||||
Special Agent for the FBI, mentioned that he worked various white
|
||||
collar cases, including the 75 cent case (described in Cliff Stoll's
|
||||
book), and the Robert Morris case. He feels that there are various
|
||||
classes of computer crime, including impairment, data theft, and
|
||||
intrusion. Mitch Kapor, founder of EFF, stated that the "electronic
|
||||
frontier hasn't been settled yet" and that we should not stifle the
|
||||
"network petri dish inventing the future". He questioned the nature of
|
||||
reasonable search, stating that there haven't been enough cases yet to
|
||||
establish a meaning for this in computer law. Everyone should be
|
||||
protected from tyranny, not only hackers. He looks at the EFF as a
|
||||
means of civilizing cyberspace. The matter of free speech was discussed
|
||||
in the questioning session with the panel -- much speculation was
|
||||
directed towards the legality of discussions of bomb-making, system
|
||||
hacking, and the publication of other potentially lawless activities on
|
||||
the net or in technical papers. Other comments included the fact that
|
||||
law enforcement cannot seize an entire post office, their search must
|
||||
be limited to the mailbox of the suspect. This analogy applies to
|
||||
computer networks as well, although the volatility (ease of total
|
||||
destruction of evidence) of computer data is of concern to
|
||||
investigators. As I had an extended and quite insightful conversation
|
||||
with Russ Brand over lunch, I returned a tad late to the next session,
|
||||
on Legislation and Regulation, and was only able to catch two of the
|
||||
speakers. Elliot Maxwell, Assistant Vice President at Pacific Telesis
|
||||
stated that it is "difficult to have simple and specific rules". Paul
|
||||
Bernstein, whose LawMUG BBS and Electronic Bar Association is well
|
||||
known among the legal community, stated that one should "use mediums
|
||||
that exist -- participate in fashioning the laws."
|
||||
|
||||
The most eye-opening session of the entire conference, in my opinion,
|
||||
was the following one on Computer-Based Surveillance of Individuals. It
|
||||
opened with Judith King describing the FBI Library Surveillance
|
||||
Program, where the reading habits of foreign nationals were
|
||||
investigated. She stated that many librarians want laws to protect the
|
||||
confidentiality of users, and some statutes have been passed. Karen
|
||||
Nussbaum, Executive Director of 9 to 5 (on which the film was based),
|
||||
gave an accounting of the monitoring of employees in the workplace.
|
||||
Currently over 26 Million employees are having their work tracked
|
||||
electronically, and over 10 Million have their pay based on computer
|
||||
evaluations. The personal habits of the worker can be monitored, one
|
||||
can look into a user's screen and see what they are doing or even send
|
||||
them messages. She described the "corporate plantation" as a place of
|
||||
stress, humiliation and harassment. Gary Marx, Sociology Professor at
|
||||
MIT, gave a whirlwind assessment of the importance of privacy, some
|
||||
technofallacies (like the Wizard of Oz "pay no attention to the little
|
||||
man behind the curtain"), and steps you can use to protect privacy (the
|
||||
bulk of these useful lists are published in the proceedings). He
|
||||
related how a telephone can be made "hot on the hook" so that you can
|
||||
silently monitor your babysitter, your children or your spouse, when
|
||||
you are not at home. Most devices, such as this one, are perfectly
|
||||
legal within your own house. David Flaherty spoke again, this time in a
|
||||
more serious vein, saying "we are living in a surveillant society" and
|
||||
"you have to make daily choices about what you are willing to give up
|
||||
about yourself." The second day's after-dinner speaker was William
|
||||
Bayse, Assistant Director, Technical Services Division of the FBI, who
|
||||
discussed a newly created national system called the NCIC-2000, under
|
||||
the topic of "balancing computer security capabilities with privacy and
|
||||
integrity". He began by asserting that crime has become more mobile and
|
||||
that conventional crime-tracking methods are inadequate. For example,
|
||||
he said, many missing persons actually want to remain missing. He feels
|
||||
that the accuracy of records is imperative. Various information bases
|
||||
have been formed, including lists of stolen items, vehicles, and wanted
|
||||
persons. Presently 65,000 officers are using this system, with 360M
|
||||
transactions annually, at a cost of 3 cents a transaction. For an
|
||||
example of effectiveness, over $1.1 Billion in vehicles have been
|
||||
recovered. Proposed, but not yet implemented is the portion of the
|
||||
system which provides a live scan of fingerprints at the scene of an
|
||||
arrest (or when someone is stopped for a motor vehicle violation) [with
|
||||
the intended purpose of considerably reducing false identifications...
|
||||
PGN]. Much criticism was generated from the audience regarding the
|
||||
potential misuse of this system for harassment, and the retention of
|
||||
fingerprints for future use. Marc Rotenberg addressed Bayse questioning
|
||||
why documents requested under the freedom of information act from his
|
||||
agency have still not been supplied, and stating that currently a
|
||||
lawsuit is pending to obtain their policies regarding monitoring of
|
||||
computer bulletin boards. Bayse refused comment.
|
||||
|
||||
The final day of the conference opened with a session on Electronic
|
||||
Speech, Press and Assembly. Jack Rickard of Boardwatch Magazine
|
||||
mentioned that bulletin boards are highly specialized, primarily funded
|
||||
by individuals, and are in their embrionic stage. David Hughes,
|
||||
Managing General Partner of Old Colorado City Communications, added
|
||||
some color to the conference with his western garb (10-gallon hat, bolo
|
||||
tie) and use of his laptop for the notes of his speech. He described
|
||||
himself as a "Citizen of the Western Frontier of the Information Age"
|
||||
and drawled, "Read my Cursor". He described electronic speech as
|
||||
"fingers of the tongue with the ear for the eye --- but it is still
|
||||
speech". In describing US history, were it to have occurred today,
|
||||
Jefferson would have used a Macintosh, Adams would have used a PC, but
|
||||
"Tom Paine would have put Common Sense on a private BBS with a
|
||||
Commodore 64". "Don't tread on my cursor!" he cried. George Perry, Vice
|
||||
President of Prodigy, began by saying that he did not want to engage in
|
||||
discussion on the dispute, but then stated that "Prodigy does not read
|
||||
private email". Prodigy is a privately owned and operated company which
|
||||
believes that the market should be allowed to decide what services need
|
||||
to be provided. The Constitution regulates free speech with respect to
|
||||
the government, Prodigy thinks of itself as a publisher. Lance Rose, a
|
||||
NY Attorney, enumerated the types of rights afforded to individuals and
|
||||
companies with regard to ownership, including trade secrets,
|
||||
confidentiality, trademark, copyright and patent. There is currently a
|
||||
great diversity of laws which service providers must adhere to, making
|
||||
the provider, in some instances, a law enforcement agent. During the
|
||||
open comment section, Hughes noted that very few legislators are
|
||||
currently on-line, and he thanked Prodigy for preparing the NAPLPS
|
||||
market (for his products). The notable talk in the Access to Government
|
||||
Information session was David Burnham's (Co-Director and Writer with
|
||||
the Transactional Records Access Clearinghouse [TRAC] in D.C.). He
|
||||
stated that "badly administered agencies are more damaging than rogue
|
||||
operations". The objectives of TRAC are to obtain transactional data
|
||||
>from federal enforcement agencies, such as the IRS, NRC, and Justice
|
||||
Department. He demonstrated how the raw statistics could be combined
|
||||
with additional figures regarding inflation, population, and margin of
|
||||
error, showing that the so-called "trends" of increasing crime, or
|
||||
increased non-compliance with tax law, were actually flat lines when
|
||||
the mitigating factors were added in.
|
||||
|
||||
The final panel discussion was on Ethics and Education. Richard
|
||||
Hollinger, Sociology Professor with the University of Florida, asserted
|
||||
that the "same officers who are investigating computer crimes are the
|
||||
ones who are protesting computers in their patrol cars because they
|
||||
feel it would be oppressive." He is concerned with the industry's
|
||||
encouragement of the use of computers in schools, before rules for
|
||||
their ethical use have been written. Donn Parker with SRI stated that
|
||||
laws are needed in order to convict hackers. Convictions have a "very
|
||||
good effect on our whole problem", he said. He referred back to the
|
||||
60's when the ACM and IEEE drafted codes of conduct, and said that
|
||||
these should be popularized. He believes that one can not teach ethics,
|
||||
that it comes from interpersonal relationships, and (for him) the
|
||||
Christian religion and the Bible. One can teach, he believes, the
|
||||
application of ethics, beyond the golden rule. He delineated three
|
||||
rules: 1. The Owner's Rule - you choose to issue your property into the
|
||||
public domain, or not; 2. The User's Rule - you assume everything
|
||||
belongs to something else, unless otherwise informed; 3. The Hacker's
|
||||
Rule - systems are free, everything should go to the people (which he
|
||||
rejected as childish, not worth considering). He suggested that we
|
||||
consider the dilemma of Descartes -- if it is OK to start by stealing
|
||||
pencils, where then can we draw the line? Dorothy Denning spoke briefly
|
||||
regarding the network uses by children (Kids Net). She speculated that
|
||||
we should teach them something about hacking in order to take the
|
||||
mystery out of it. She compared telephone fraud by children as a more
|
||||
sophisticated version of the "is your refrigerator running" prank.
|
||||
|
||||
The Education and Ethics panel continued with the softspoken John
|
||||
Gilmore, a "generalist" with Cygnus Support. He warned that we are
|
||||
losing the larger open society. The US is currently #1 in percentage of
|
||||
population in jail. He spoke of drug usage as a victimless crime. John
|
||||
asked the audience "who has not broken a law in the past month?" Only a
|
||||
few raised their hands. He then asked "who here has all their disks
|
||||
clean -- free from something you would not want them to find if you
|
||||
were investigated?" About 15% raised their hands, but after pondering
|
||||
it, a number of them lowered them (the person behind me muttered that
|
||||
he had some shareware for which he had not paid). Gilmore said "privacy
|
||||
is a means -- what is the end we are looking for? Tolerance." He urged
|
||||
real privacy of personal communications, financial transactions, things
|
||||
should be as "private as that thought held in our minds." He demanded
|
||||
that we stop building fake systems -- laws that dictate that you "can't
|
||||
listen to cellular phone calls" -- and instead build real protections
|
||||
into your systems and buy them from others. His talk received a
|
||||
standing ovation from the vast majority of the audience members.
|
||||
|
||||
The remaining panel speaker, Sally Bowman, a Child Psychologist with
|
||||
the Computer Learning Foundation, stated that her organization is
|
||||
working to raise awareness and solve a number of problem areas. The
|
||||
problems she outlined were: 1. Lack of awareness of the magnitude of
|
||||
the problem. Software industry is being hurt by piracy; 2. Many
|
||||
misimpressions -- confusion, lack of information; 3. Lack of teeth in
|
||||
software copying policies; 4. Lack of strategies in teaching ethics; 5.
|
||||
School budgets are too small to allow legal procurement of software.
|
||||
Her organization is presently educating parents as to the "tell-tale"
|
||||
signs which indicate whether a child is "abusing" computer systems.
|
||||
|
||||
The concluding session, entitled "Where Do We Go From Here" was staffed
|
||||
by a number of the conference speakers. They overviewed their feelings
|
||||
regarding the issues raised during the sessions and made general
|
||||
comments with respect to what they might do to raise awareness and
|
||||
resolve some of the problems.
|
||||
|
||||
Throughout the conference many pamphlets, brochures and newsletters
|
||||
were distributed. Although it is infeasible for me to provide copies of
|
||||
this literature, interested parties can contact me or Jim Warren
|
||||
(jwarren@well.sf.ca.us) to provide source names and addresses. Some of
|
||||
the more interesting items (in no particular order, just how they
|
||||
happened to come out of my briefcase) included:
|
||||
- Brochures from the Cato Institute "Toward a Moral Drug Policy",
|
||||
"America's Counter-revolution", "The Semiconductor Industry and Foreign
|
||||
Competition", "The Promise of High-Definition Television: The Hype and
|
||||
the Reality", and their publication catalog.
|
||||
- Matrix Information and Directory Services Newsletter.
|
||||
- The Manifesto of Militant Humanism.
|
||||
- "Are you a Hacker?" by Robert Bickford, reprinted from MicroTimes.
|
||||
- Call for formation of a World Privacy Network.
|
||||
- An advertisement for SafeWord Software (password
|
||||
checking/protection).
|
||||
- Condom distributed by Anterior Technology (they market a system
|
||||
whereby you can retrieve the first 80 characters of emails while out of
|
||||
town).
|
||||
- "The Bill of Rights is Under Attack" from Committee for the Bill of
|
||||
Rights.
|
||||
- Hollywood Hacker Info, reprinted from Computer Underground Digest.
|
||||
- Calif. State Assembly Bill #1168 on Personal Information Integrity.
|
||||
- Computer Learning Month - from the Computer Learning Foundation.
|
||||
- The Equifax Report on Consumers in the Information Age - A reprint
|
||||
of John Barlow's article "Crime and Puzzlement" from Whole Earth
|
||||
Review, Fall 1990.
|
||||
- Various brochures from the First Amendment Congress, an
|
||||
organization providing educational materials on the First Amendment.
|
||||
- Policy papers from the League for Programming Freedom including
|
||||
"Against Software Patents", "Lotus Disinformation Forewarned is
|
||||
Forearmed", and the Effector (its newsletter).
|
||||
- CPSR reprints of newsarticles regarding the Lotus database.
|
||||
- Promotional literature for Ted Nelson's Xanadu.
|
||||
- Brochure for the Community Memory BBS, and its newsletter.
|
||||
- Brochure for the Art Com Electronic Network.
|
||||
- Brochure for the International Society for Individual Liberty.
|
||||
- Various copies of MicroTimes.
|
||||
- Application forms for CPSR and the League for Programming Freedom.
|
||||
- Rel-EAST, the east-west high-tech business report.
|
||||
- Suggested reading on how computer crime is investigated from Don
|
||||
Ingraham.
|
||||
- Book promotional literature including: "Rogue Programs" edited by
|
||||
Lance Hoffman, Van Nostrand Reinhold "Protecting Privacy in
|
||||
Surveillance Societies", David Flaherty, University of North Carolina
|
||||
Press "Spectacular Computer Crimes", Buck Bloombecker, Dow Jones-Irwin
|
||||
"Using the Public Library in the Computer Age", Westin & Finger, ALA.
|
||||
Directions & Implications of Advanced Computing, Vol. 1 and Proceedings
|
||||
>from 88 and 90, CPSR.
|
||||
- Flyer announcing "The Privacy Project" an NPR series (for which I
|
||||
was interviewed) to be broadcast in the Fall of 1991.
|
||||
- Flyer advertising "Your Expanding Infosphere" an NPR ComputerTalk
|
||||
Program.
|
||||
- Reason, a magazine for "free minds and free markets" whose cover
|
||||
story was on cryogenics.
|
||||
- Flyer on the National Apple Users Group Conference, June 7-9, 1991.
|
||||
- Flyer on the Silicon Valley Networking Conference, April 23-25,
|
||||
1991.
|
||||
- Flyer on the third Chugach Conference, University of Alaska, Oct.
|
||||
3-5, 1991. Plus Center for Information Technology News from U. Alaska.
|
||||
- Flyer on the Calif. Forum of the First Amendment Congress, May 6,
|
||||
1991, Stanford University (free to the public).
|
||||
- Flyer for the Electronic Democracy Conference, Sept 4-5, 1991.
|
||||
- Calls for Papers from: The National Conference on Computing and
|
||||
Values (Aug. 12-16, 1991) Directions & Implications of Advanced
|
||||
Computing (May 2-3, 1992)
|
||||
|
||||
I returned home with a broader idea of the many facets of the computer
|
||||
freedom and privacy issue. I must now admit to being more worried than
|
||||
I was before I attended this conference, as to the lack of solutions
|
||||
being offered by my colleagues. Perhaps this meeting of the minds is a
|
||||
first start. More work needs to be done.
|
||||
|
||||
R. Mercuri mercuri@gradient.cis.upenn.edu The following are some
|
||||
addenda & corrections to my trip report on the Computers, Freedom and
|
||||
Privacy Conference, with thanks to the individuals who provided
|
||||
additional details and insights.
|
||||
|
||||
1. A second CFP conference has been scheduled for Spring 1992 in
|
||||
Washington, D.C. -- the general chairman will be Lance J. Hoffman.
|
||||
|
||||
2. Later figures for the first conference indicate that Jim Warren's
|
||||
losses may not have been as severe as he had indicated when I spoke
|
||||
with him.
|
||||
|
||||
3. Although the formation notice for alt.privacy indicated that the US
|
||||
Privacy Council was created AT the CFP conference, Lance Hoffman has
|
||||
informed me that this organization was actually formed PRIOR to the
|
||||
conference. Its first public meeting was held during the conference
|
||||
period but otherwise had no official conference involvement.
|
||||
|
||||
4. Robert Veeder works at the Office of Information Regulatory Affairs
|
||||
IN D.C., a branch of the federal Office of Management and Budget.
|
||||
|
||||
5. Mark Rasch prosecuted (not defended) the internet worm case.
|
||||
|
||||
6. Dorothy Denning wrote to me, mentioning that "the main point I tried
|
||||
to make in my talk was that we are letting our young people down by not
|
||||
taking responsibility for bringing them into the computing and network
|
||||
community as responsible users." My brief comments of her talk could
|
||||
lead a reader to believe that she was somewhat cavalier about the
|
||||
issue, which was certainly not the case.
|
||||
|
||||
7. The "sandals of Silicon Valley to the dark suits of Washington"
|
||||
quote should be accredited to Terry Winograd.
|
||||
|
||||
8. Judith Krug (not King) spoke in behalf of the American Library
|
||||
Association.
|
||||
|
||||
9. In Dave Hughes' talk, he had Franklin using an Apple and Jefferson
|
||||
using Word Perfect running under Windows (far more comical than what I
|
||||
had recalled).
|
||||
|
||||
Considering the length of the conference and quantity of speakers, I
|
||||
am relieved that my errors and omissions were so few.
|
||||
|
||||
Yours in good journalism, R. Mercuri mercuri@gradient.cis.upenn.edu
|
||||
--
|
||||
|
||||
|
||||
|
||||
|
||||
802
textfiles.com/politics/cfp2-sum
Normal file
802
textfiles.com/politics/cfp2-sum
Normal file
@@ -0,0 +1,802 @@
|
||||
COMPUTERS, FREEDOM, AND PRIVACY-2: A REPORT
|
||||
by Steve Cisler (sac@apple.com)
|
||||
|
||||
|
||||
[The opinions and views expressed are those of the author, Steve Cisler,
|
||||
and not necessarily those of Apple Computer, Inc. Misquotes of people's
|
||||
statements are my responsibility. Permission is granted for re-posting
|
||||
in electronic form or printing in whole or in part by non-profit
|
||||
organizations or individuals. Transformations or mutations into
|
||||
musicals, docudramas, morality plays, or wacky sitcoms remain the right
|
||||
of the author. This file may be found on the Internet in ftp.apple.com
|
||||
in the alug directory.
|
||||
-Steve Cisler, Apple Computer Library.
|
||||
Internet address: sac@apple.com ]
|
||||
|
||||
The Second Conference on Computers, Freedom, and Privacy, (March
|
||||
18-20, 1992. Washington,D.C.).was sponsored by the Association for
|
||||
Computing Machinery and thirteen co-sponsors including the American
|
||||
Library Association and a wide variety of advocacy groups.
|
||||
|
||||
The diversity of the attendees, the scope of the topics covered,
|
||||
and the dynamism of the organized and informal sessions gave me a
|
||||
perspective I had lost in endless conferences devoted only to library,
|
||||
information, and network issues. I can now view the narrower topics of
|
||||
concern to me as a librarian in new ways. Because of that it was one of
|
||||
the best conferences I have attended. But there's a danger of these
|
||||
issues being re-hashed each year with "the usual suspects" invited each
|
||||
time to be panelists, so I urge you, the readers, to become involved and
|
||||
bring your own experiences to the next conference in 1993 in the San
|
||||
Francisco Bay Area.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Wednesday, March 18
|
||||
|
||||
The day began with concurrent tutorials on the following topics:
|
||||
Getting on the Net (Mitchell Kapor, Electronic Frontier
|
||||
Foundation);
|
||||
Making Information Law and Policy (Jane Bortnick, Congressional
|
||||
Research Service);
|
||||
Communications and Network Evolution (Sergio Heker, JVNCNet),
|
||||
Private Sector Privacy (Jeff Smith, Georgetown University);
|
||||
Constitutional Law for Non-lawyers (Mike Godwin, EFF);
|
||||
Computer Crime (Don Ingraham, Alameda County (CA) District Attorney);
|
||||
Modern Telecommunications: Life After Humpty- Dumpty (Richard
|
||||
Wolff, Bellcore);
|
||||
International Privacy Developments (David Flaherty, Univ. of
|
||||
Western Ontario);
|
||||
|
||||
and the one I attended...
|
||||
Information Law and Policy: Jane Bortnick,
|
||||
Congressional Research Service (CRS)
|
||||
|
||||
In Bortnick's tutorial, she covered the following points:
|
||||
1)Setting information policy is not a linear process, and it's
|
||||
not clear how or when it is made because of many inputs to the process.
|
||||
2) Many policies sit on the shelf until a crisis, and the right
|
||||
technology is either in place, or certain people grab it.
|
||||
3)Events create renewed interest in information policy.
|
||||
4)Industry, academic, or non-governmental groups play an
|
||||
important role by testifying before committees studying policy and by
|
||||
lobbying.
|
||||
5)CRS is the institutional memory for Congress because of the
|
||||
rapid turnover in the staff on the Hill.
|
||||
6) The challenge is to develop policy that does not hinder or
|
||||
hold things up, but there is a high degree of uncertainty, change, and
|
||||
lack of data. The idea is to keep things as open as possible throughout
|
||||
the process.
|
||||
|
||||
Bortnick said that the majority of laws governing information
|
||||
policy were written in an era of paper; now electronic access is being
|
||||
added, and Congress is trying to identify fundamental principles, not
|
||||
specific changes.
|
||||
Because of the economic factors impinging on the delivery of
|
||||
information, members of Congress don't want to anger local cable, phone,
|
||||
or newspaper firms.
|
||||
To get sensible legislation in a rapidly changing environment you
|
||||
have to, paradoxically, slow down the legislative processes to avoid
|
||||
making bad laws. Nevertheless, in a crisis, Congress can sometimes work
|
||||
very quickly.
|
||||
We have to realize that Congress can't be long term because of
|
||||
annual budget cycles and because of the hard lobbying by local
|
||||
interests.
|
||||
In making good policy and laws, building consensus is the key.
|
||||
|
||||
The current scope of information policy:
|
||||
-spans broad range of topics dealing with information
|
||||
collection, use, access, and dissemination
|
||||
-global warming has a component because new satellites will dump
|
||||
a terabyte a day: who is responsible for storage, access, adding value
|
||||
to all of this data?
|
||||
-many bills have the phrase: "and they will establish a
|
||||
clearinghouse of information on this topic"
|
||||
-information policy has increasingly become an element within
|
||||
agency programs
|
||||
-impact of information technologies further complicates debate
|
||||
-result=more interested players from diverse areas.
|
||||
|
||||
Congress has many committees that deals with these issues. CRS
|
||||
gets 500,000 requests for information a year: 1700 in one day. After
|
||||
"60 minutes" is broadcast CRS gets many requests for information. from
|
||||
Congress.
|
||||
|
||||
Jim Warren asked several questions about access to government
|
||||
information. There was a general discussion about how the Library of
|
||||
Congress would be digitized (size, cost, copyright barriers). It was
|
||||
noted that state level experiments affected federal activity, especially
|
||||
the states that are copyrighting their information (unlike the federal
|
||||
government).
|
||||
|
||||
The discussion about Congressional reluctance to communicate via
|
||||
electronic mail with constituents: a new directory does not even list
|
||||
some fax numbers that had been quasi-public before some offices felt
|
||||
inundated with fax communications.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
|
||||
Keynote Address:
|
||||
Al Neuharth, The Freedom Forum and founder of USA Today
|
||||
"Freedom in cyberspace: new wine in old flasks"
|
||||
|
||||
Lunch, following the tutorials, was followed by an address by Al
|
||||
Neuharth. The high points were:
|
||||
1. First amendment freedoms are for everyone. Newspaper publishers
|
||||
should not relegate anyone to 2nd class citizenship or the back of the
|
||||
bus.
|
||||
2. The passion for privacy may make our democracy falter.
|
||||
3. Publishing of disinformation is the biggest danger, not
|
||||
information-glut.
|
||||
|
||||
Commenting on American Newspaper Publishers Assn. to keep RBOCs
|
||||
out of information business, Neuharth noted that the free press clause in
|
||||
the Bill of Rights does not only apply to newspapers. Telcos have first
|
||||
amendment rights too. "ANPA is spitting into the winds of change", he
|
||||
said, and some newspaper publishers are not happy with this stance, so
|
||||
there is a lot of turmoil. People should get their news when, how and
|
||||
where they want it: on screen or tossed on the front porch. Telcos have
|
||||
yet to demonstrate expertise in information gathering and dissemination;
|
||||
they have an outmoded allegiance to regulation .
|
||||
|
||||
He strongly criticized the use of anonymous sources by newspapers.
|
||||
Anonymous sources, he said, provide misinformation that does irreparable
|
||||
harm. The Washington Post is the biggest user of confidential sources.
|
||||
Withholding of names encourages fabricating and misinformation. Opinions
|
||||
and style should not be hidden in news pages but kept on the editorial
|
||||
page.
|
||||
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Wednesday Afternoon Session: Who Logs On?
|
||||
Given by Robert Lucky of Bell Labs:
|
||||
|
||||
Speaking personally, Lucky covered the following points:
|
||||
1. Fiber to the home: who pays for it?
|
||||
The consumers will pay and the consumer will benefit. How much
|
||||
they will pay and how much they will benefit is what matters.
|
||||
We must to install wideband switching and we will.The drama is
|
||||
mainly economic and political, not technical. It will happen in 40
|
||||
years. Asked what fiber will bring that copper will not, Lucky took the
|
||||
Field of Dreams approach: supply of bandwidth will create demand.
|
||||
2. Access and privacy.
|
||||
This is a personal quandary for Lucky. Intimate communications
|
||||
will be coming-- individual cells on each pole and an individual number
|
||||
for each person. "I like to call anybody from my wrist, but I hate
|
||||
having people calling me."
|
||||
If you have access, you can't have privacy. The right to be
|
||||
left alone takes away from the 'right' from other people. Lucky was the
|
||||
first of many to raise the problems of the FBI recommend legislation,
|
||||
the Digital Telephony Amendment, that would require re-design of present
|
||||
network so that surveillance could take place, and that the cost of
|
||||
doing this would be 20 cents a month per subscriber. It will be hard to
|
||||
find conversations, but you will pay for this. He viewed this with
|
||||
grave concern; it's a bad idea. He is all for getting drug kings but he
|
||||
wants his privacy.
|
||||
|
||||
3. Lucky's observations on the Internet/NREN:
|
||||
One of the wonderful things is the sense of freedom on the
|
||||
Internet. Anonymous ftp. There are programs and bulletin boards. Sense
|
||||
of freedom of information and freedom of communication, but nobody seems
|
||||
to pay for it. It just comes. As a member of AT&T, this needs to be
|
||||
transitioned to a commercial enterprise. Government is not good at this;
|
||||
intellectual property lawyers will build walls, and hackers may screw
|
||||
it up too. "I still want all the freedom in the commercial enterprise."
|
||||
|
||||
Linda Garcia of the OTA (Office of Technology Assessment) spoke
|
||||
about access issues and said it was a cost/benefit problem. Rural areas
|
||||
should be able construct a rural area network (RAN). Take small
|
||||
businesses, educators, hospitals and pool their demand for a broadband
|
||||
network. Government could act as a broker or community organizer and
|
||||
transfer the technology. Rural communities should not be treated the
|
||||
same way as urban areas. The regulatory structure should be different for
|
||||
rural Maine than for lower Manhattan. See her OTA reports "Critical
|
||||
Connections and Rural America at the Crossroads" for in-depth
|
||||
treatments of these issues.
|
||||
|
||||
Al Koppe of New Jersey Bell outlined the many new services being
|
||||
rolled out in NJ at the same time they are maintaining low basic rates.
|
||||
--In 1992 there will be narrowband digital service for low
|
||||
quality video conferencing; in 1994 wideband digital service.
|
||||
--Video on demand, entertainment libraries and distance learning
|
||||
applications will be coming along soon after.
|
||||
--Koppe predicted a 99% penetration by 1999 with complete fiber
|
||||
by 2010. This will be a public network and not a private one. It will
|
||||
still be a common carrier.
|
||||
This is a very aggressive and optimistic plan, an important one
|
||||
for all of us to watch. Lucky said he had never seen a study that shows
|
||||
video on demand services can be competitive with video store prices. The
|
||||
big question remains: how does a business based on low-bandwidth voice
|
||||
services charge for broadband services? It remains a paradox.
|
||||
|
||||
Brian Kahin, Kennedy School of Government, discussed the growth of
|
||||
the Internet and policy issues:
|
||||
--points of access for different users
|
||||
--network structure and current NSFNet controversy
|
||||
He said the NREN debate is one between capacity (enabling high end
|
||||
applications) and connectivity (number of resources and users online).
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Afternoon Session: Ethics, Morality, and Criminality
|
||||
|
||||
Mike Gibbons of the FBI chaired this session which was one of the
|
||||
central themes for all present. In the same room we had law enforcement
|
||||
(LE) representatives from state, local, and federal governments, civil
|
||||
libertarians, and convicted computer criminals, as well as some victims.
|
||||
|
||||
The FBI views the computer as a tool, and Gibbons told a story
|
||||
about the huge raid on Lyndon LaRouche's data center in Virginia where
|
||||
400 LE types took part. I had the feeling that Gibbons was telling his
|
||||
own hacker story because the audience would appreciate the challenges
|
||||
that faced him more than LE supervisors without a technical knowledge of
|
||||
computers would appreciate it. He was also involved in the Robert Morris
|
||||
case.
|
||||
|
||||
Mike Godwin of EFF agrees that it is not ethical to access other
|
||||
people's computer without permission, but Mike represents those who may
|
||||
have acted unethically but still have rights.
|
||||
|
||||
Case involving Craig Neidorf of _phrack_ who felt that his
|
||||
publication of a Bell South document was within the 1st amendment .
|
||||
Bell South pegged the Document cost was $70K because it included the Vax
|
||||
workstation and the software in the cost! There was a question whether
|
||||
that document was property at all. LE folks can make good faith
|
||||
mistakes, but Craig had to spend $100,000 and that the prosecutor and
|
||||
Secret Service never admitted they were wrong.
|
||||
|
||||
Jim Settle from FBI sets policy on computer crime and supervisor
|
||||
of computer crime squad. Background in Univacs in 1979. There is not a lot
|
||||
of case law on computer crimes. LE was computer stupid and is not out
|
||||
there to run over people's rights. They discuss moral issues even when
|
||||
an action was legal.
|
||||
|
||||
Don Delaney of the New York State Police: He has been dealing with
|
||||
PBX and calling card fraud; he talks to students about perils of
|
||||
computer crime, and works with companies who have been hit. Every day at
|
||||
least one corporation has called him. $40,000 to $400K loss in a short
|
||||
time. He has found glitches in the PBX software; he complained that few
|
||||
PBX salespeople tell the customers about remote access units through
|
||||
which criminals gain access. Once this happens the number is sold on the
|
||||
street in New York at about $10 for 20 minutes. Even Westchester County
|
||||
Library was hit. People used binoculars to read the PIN numbers on
|
||||
caller's cards as they dialed in Grand Central Station. Delaney called
|
||||
this 'shoulder surfing' and noted that cameras, camcorders, and
|
||||
binoculars are being used regularly.
|
||||
|
||||
Mitch Kapor raised the issue of the Digital Telephony Amendment.
|
||||
It is proposed legislation to amend 18 USC 2510 (government can intercept
|
||||
communications on showing probable cause as they did with John Gotti)
|
||||
Settle of the FBI asked: "What happens if the technology says you can't
|
||||
do it? You change the tech. to allow it or you repeal the law that
|
||||
allows wire tap. Don Parker of SRI said it is essential to have
|
||||
wiretap ability as a tool for LE.
|
||||
|
||||
The FBI under the Department of Justice has authority to use
|
||||
wiretaps in its operations. This has been one of the most effective
|
||||
tools that law enforcement has, but with the advent of digital telephony
|
||||
such as ISDN, the LE community is worried that no capability exists to
|
||||
intercept these digital signals, and this will preclude the FBI and
|
||||
other LE officials from intercepting electronic communications.
|
||||
|
||||
The FBI proposes an amendment to the Communications Act of 1934 to
|
||||
require electronic services providers to ensure that the government will
|
||||
e able to intercept digital communications. There are a number of parts
|
||||
to the bill:
|
||||
1. the FCC shall determine the interception needs of the DOJ and
|
||||
issue regulations 120 days after enactment.
|
||||
2. Service providers and pbx operators to modify existing telecom
|
||||
systems within 180 days and prohibit use of non-conforming equipment
|
||||
thereafter, with penalties of $10,000 per day for willful offenders.
|
||||
3. Gives FCC the authority to compensate the system operators by
|
||||
rate structure adjustment for required modifications. That is, the user
|
||||
will pay for this decreased security desired by the government.
|
||||
|
||||
Godwin said he believes that wiretap is okay when procedures are
|
||||
followed, but you have to decide what kind of society you want to live
|
||||
in. The FBI asked, "Are you going to say that crime is okay over the
|
||||
phones and that it should not be controlled?" He implied that not making
|
||||
changes to the law would leave cyberspace open to sophisticated
|
||||
criminals, many of whom have more resources for technology that does the
|
||||
LE community. For more information on this there is a 10 page
|
||||
legislative summary.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
The Evening of Day One:
|
||||
|
||||
There were Birds of a Feather (BOF) sessions that were less formal
|
||||
and with less attendance. Nevertheless, they were some of the high
|
||||
points of the conference.
|
||||
|
||||
Where else would one find the law enforcement types switching
|
||||
roles with computer intruders who had to defend a system against an attack?
|
||||
Kudos to Mike Gibbons for setting this up.
|
||||
|
||||
There was also a panel of hackers (I use the term in the broadest
|
||||
and non-pejorative sense) including "Emmanuel Goldstein"--the nom de
|
||||
plume for the editor of 2600: The Hacker's Weekly; Craig Neidorf,
|
||||
founder of phrack; Phiber Optik, a young man who recently plea bargained to
|
||||
a couple of charges; and Dorothy Denning, chair of the CS department at
|
||||
Georgetown University.
|
||||
|
||||
Goldstein (this was a character in Orwell's 1984 who was a front
|
||||
for the establishment!) sees hackers as intellectuals on a quest for
|
||||
bugs which, when corrected, help the system owner.He is extremely
|
||||
frustrated over media treatment of hackers, yet he was open to a
|
||||
Japanese camera crew filming the casual meetings of 2600 readers that
|
||||
took place in the hotel lobby throughout the conference. He said that
|
||||
hackers and system administrators work together with each other in
|
||||
Holland.
|
||||
|
||||
As an example of lax system management there was a military
|
||||
computer during the middle east war had a password of Kuwait'. Don
|
||||
Parker of SRI believes that Goldstein should not continually blame the
|
||||
victim.
|
||||
|
||||
Many of the hackers and publishers strongly believed that
|
||||
"knowing how things work is not illegal." The current publisher of Phrack
|
||||
said, "I believe in Freedom of Speech and want to tell people about new
|
||||
technology."
|
||||
|
||||
Most librarians would agree, but much of the problem was what some
|
||||
people did with that knowledge. An interesting discussion followed about
|
||||
who was responsible for security: vendors, system administrators, or
|
||||
public law enforcement personnel. Phiber Optik is now maintaining a Next
|
||||
machine on the Net and complained that answers to technical questions
|
||||
cost $100 per hour on the Next hotline.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Electronic Money: Principles and Progress
|
||||
Eric Hughes, DigiCash
|
||||
|
||||
Electronic money uses public key encryption. People can recognize
|
||||
your digital signature, but cannot read it. The goal is to create a bank
|
||||
on the Internet that only uses software and affords the user complete
|
||||
anonymity. There is the bank, the buyer, and the seller. Money flows
|
||||
from the bank in a money loop. Bank does not know what is signs but it
|
||||
knows that it did sign it and will honor the electronic check. This would
|
||||
allow financial transactions and privacy for the buyer.
|
||||
|
||||
In a library setting this would mean I could buy an item
|
||||
electronically (a document, image, code) and nobody could link it with
|
||||
my name. My buying habits would be private, and a person roaming through
|
||||
the transactions might see that someone purchased the computer simulation
|
||||
"Small furry animals in pain" but would not know the name of the
|
||||
purchaser.
|
||||
|
||||
Doing private database queries will become more and more important
|
||||
as the network is used for more business activities. The DigiCash scheme
|
||||
has multi-party security and is a safe way of exchanging files and
|
||||
selling them in complete privacy. It's also very cheap and the
|
||||
unlinkability is very important.
|
||||
|
||||
In the discussion session the issue of drug lords using the system
|
||||
was raised. DigiCash has limited its transactions to less than $10,000,
|
||||
and most would be far less. A British attendee said that stores had to
|
||||
keep extensive records for VAT tax audits, so EEC and US regulations
|
||||
would conflict with the goals of DigiCash.
|
||||
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Thursday Morning Sessions
|
||||
|
||||
For Sale: Government Information
|
||||
|
||||
This was staged as a role playing advisory panel where a grad
|
||||
student made a broad and complicated request for information in a
|
||||
particular format. The panelist made short statements about their
|
||||
interests and then tried to answer the pointed questions from George
|
||||
Trubow of John Marshall Law School.
|
||||
|
||||
Dwight Morris (LA Times):
|
||||
His job is to get government data and turn it into news stories.
|
||||
He noted that the FOIA is a joke; it's a last resort. Vendors are foia-ing
|
||||
the agencies and then trying to sell those foia requesters software to
|
||||
read the data tapes!
|
||||
|
||||
Ken Allen of the Information Agency Association:
|
||||
The government should not elude the appropriations process by
|
||||
selling information, nor should the agency control content. The IIA is
|
||||
against exclusive contracts.
|
||||
|
||||
Mitch Freedman,Westchester Co. Library ALA Coordinator for Access to
|
||||
Information:
|
||||
Are many people asking for access for this information, or will
|
||||
the coding benefit many users in the long run? He mentioned of WINDO
|
||||
program, freedom of access, and its link to informed democracy.
|
||||
|
||||
Franklin Reeder, Office of management and Budget:
|
||||
He observed that unusable databases in raw form mean that choice
|
||||
of format is irrelevant. There may be broader demand for this information,
|
||||
and the database should be provided with interfaces for many users.
|
||||
Government agencies should not turn to information provision for
|
||||
revenues; it becomes an impediment to access. "I don't think the public
|
||||
sector should be entrepreneurial. "
|
||||
|
||||
Costin Toregas, Public Technology, Inc.--owned by cities and counties in
|
||||
U.S. and Canada:
|
||||
We should re-examine our language when discussing information and
|
||||
access. How do you recover the costs of providing the new technological
|
||||
access mechanisms. The provision of this should be high priority.
|
||||
|
||||
Robert Belair, Kirkpatrick and Lockhart, deals in FOIA and privacy
|
||||
issues:
|
||||
Choice of format is an issue, and in general we are doing a bad
|
||||
job. Belair notes that FOIA requests are not cheap. There are $2-4,000
|
||||
fees from government agencies--even more than the lawyer fees!
|
||||
|
||||
Questions:
|
||||
|
||||
Denning: no view of where technology is taking us. Why not put the
|
||||
FOIA information online?
|
||||
Freedman says the Owens bill handles this.
|
||||
Weingarten says that one agency is planning for a db that has no
|
||||
equipment to handle it yet.
|
||||
Belair: we will get change in FOIA and the Owens bill is good.
|
||||
Toregas: A well-connected community is crucial.
|
||||
|
||||
Harry Goodman asked Ken Allen if he still believed that "libraries
|
||||
be taken off the dole."
|
||||
Allen denied he said this but Goodman had it on tape! Allen said
|
||||
privatization is a red herring. Government agencies might not be the
|
||||
best way to provide the access to information. Allen says it should be by
|
||||
diverse methods.
|
||||
|
||||
Glenn Tenney, running for Congress in San Mateo County (CA), said
|
||||
he had trouble getting information on voting pattern of the members of
|
||||
Congress and to buy it would have cost thousands of dollars.(
|
||||
Ken Allen replied that a private company had developed the
|
||||
information from raw material, but others thought this was basic
|
||||
information that should be available to all citizens. Other people
|
||||
wanted the Congressional Records online (and cheap); others wanted the
|
||||
private sector to do it all and to get the government to partner in such
|
||||
projects.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Free Speech and the Public Telephone Network
|
||||
|
||||
Jerry Berman of the EFF:
|
||||
--Do telcos have the right to publish over their own networks?
|
||||
--What are the implications of telcos as newspapers vs. telcos
|
||||
as common carrier? Aren't safeguards needed to compel free access for all
|
||||
players?
|
||||
--There is already discrimination on the 900 services (provision
|
||||
or billing for porno businesses).
|
||||
--When the public finds out what is on the network, there will
|
||||
be a big fight.
|
||||
--Will we follow the print model or the broadcasting model?
|
||||
--How can a new infrastructure secure a diversity of speech and
|
||||
more participants, and how we can break the deadlock between cable,
|
||||
papers, and telcos.
|
||||
|
||||
Henry Geller, Markle Foundation (FCC/NTIA) :
|
||||
-- The key is the common carrier nature of the telephone
|
||||
networks and that they should carry all traffic without determining what is
|
||||
appropriate.
|
||||
--Congress can't chose between warring industries, so it won't
|
||||
act on some of these telecomm issues.
|
||||
--Broadband area: if the bits flowing are TV programming, the
|
||||
telco is forbidden to provide. Print model is a good one to follow, not
|
||||
the cable or broadcast model. He mentioned CNN's squelching of NBC
|
||||
cable channel.
|
||||
|
||||
John Podesta (Podesta Associates):
|
||||
--There are forces that are trying to push messengers off the
|
||||
road and keep the network from being diverse.
|
||||
--We need a network with more voices, not just those of the
|
||||
owners.
|
||||
--We will be faced with censorship by the government and network
|
||||
owners (MCI, US West);
|
||||
--There will be more invasion of privacy
|
||||
Six things have to happen:
|
||||
1. More competition via open platform. Personal ISDN at low
|
||||
tariffs.
|
||||
2. Structural safeguards
|
||||
3. Common carriers should be content neutral when providing access
|
||||
4. Originators should bear responsibility for obscene or salacious
|
||||
postings.
|
||||
5. Protect net against invasion of privacy. Debate is whether it
|
||||
will be easier or harder to wiretap in the future.
|
||||
6. Don't adopt broadcast or cable model for network; both are more
|
||||
restrictive with regards to First Amendment issues.
|
||||
|
||||
Bob Peck (ACLU):
|
||||
--Government ban on RBOCs providing information is a first
|
||||
amendment issue, but there is also an issue of access. How do we make
|
||||
sure that everyone gets charged the same rates?
|
||||
--The Rust vs. Sullivan decision could affect network use;
|
||||
abortion clinics could not answer any questions about the topic. US
|
||||
Govt. claimed: "We paid for the microphone; we just want to be able to
|
||||
control what is said." This is being argued in other cases by DOJ
|
||||
and should be resisted.
|
||||
|
||||
Eli Noam (NYU):
|
||||
--Coming from state government he tried to be an oxymoron, a
|
||||
"forward-looking state utility commissioner".
|
||||
--Telcos say: If anyone can use the common carrier, why not
|
||||
themselves.
|
||||
--Free speech is rooted in the idea of scarcity and restraints
|
||||
to access.
|
||||
--When you have 9000 channels, who cares?
|
||||
--There will be no scarcity. He predicts people will be video
|
||||
literate. Video will have new obscene phone calls.
|
||||
--We are over-optimistic about the short term and too cautious
|
||||
about long term effects.
|
||||
--Telecommuting is already happening on a significant scale.
|
||||
--We will have telecommunities, subcultures of special interest
|
||||
groups.
|
||||
--Our political future is based on jurisdiction. Is there a new
|
||||
form of political entity emerging that transcends time zones?
|
||||
--Information glut: The key issue will be how you filter and
|
||||
screen it.
|
||||
--Handling the information will be a big issue.The user's brain
|
||||
is the ultimate bottleneck.
|
||||
--Internet news is about 18 MB a day.
|
||||
--Screening will be by the network itself or by user groups and
|
||||
telecommunities.
|
||||
--Rights of individuals vs. the governments. Is the first
|
||||
amendment a local ordinance?
|
||||
--We need power over international interconnection. Fly the flag
|
||||
of teledemocracy.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Lunch with Bruce Sterling
|
||||
|
||||
Bruce Sterling, author of The Difference Engine (with William
|
||||
Gibson) and a new title, The Hacker Crackdown, gave an outstanding
|
||||
performance/speech entitled "Speaking the Unspeakable" in which he
|
||||
represented three elements of the so- called computer community who were
|
||||
not at CFP-2.
|
||||
|
||||
--The Truly Malicious Hacker:
|
||||
"Your average so-called malicious user -- he's a dweeb! He
|
||||
can't keep his mouth shut! ....Crashing mainframes-- you call that
|
||||
malice? Machines can't feel any pain! You want to crash a machine, try
|
||||
derailing a passenger train. Any idiot can do that in thirty minutes,
|
||||
it's pig-easy, and there's *nothing* in the way of security. Personally
|
||||
I can't understand why trains aren't de-railed every day."
|
||||
|
||||
--A narco-general who has discovered the usefulness of his
|
||||
contacts with the North American law enforcement communities--and their
|
||||
databases:
|
||||
"These databases that you American police are maintaining.
|
||||
Wonderful things....The limited access you are granting us only whets
|
||||
our appetite for more. You are learning everything about our
|
||||
criminals....However, we feel that it is only just that you tell us
|
||||
about your criminals.....Let us get our hands on your Legions of Doom. I
|
||||
know it would look bad if you did this sort of thing yourselves. But you
|
||||
needn't."
|
||||
|
||||
--A data pirate from Asia:
|
||||
"The digital black market will win, even if it means the
|
||||
collapse of your most cherished institutions....Call it illegal, call it
|
||||
dishonest, call it treason against the state; your abuse does not
|
||||
matter; those are only words and words are not as real as bread. The only
|
||||
question is how much suffering you are willing to inflict on yourselves,
|
||||
and on others, in the pursuit of your utopian dream."
|
||||
|
||||
Sterling's speech was a hilarious, yet half-serious departure from
|
||||
the usual fare of conferences and is well worth obtaining the audio or
|
||||
video cassette. I also recommend you attend the American Library
|
||||
Association conference in late June 1992 when Sterling will address the
|
||||
LITA attendees.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Who's in Your Genes
|
||||
|
||||
Who's in Your Genes was an overview of genetic data banking, and a
|
||||
discussion of the tension between an individual's right to privacy and
|
||||
the interests of third parties. DNA forensic data banks and use of
|
||||
genetic records by insurers were explored. Madison Powers was
|
||||
chair. Panelists included John Hicks, FBI Lab; Paul Mendelsohn,
|
||||
Neurofibromatosis, Inc.; Peter Neufeld, Esq.; Madison Powers,
|
||||
Kennedy Center for Ethics, Georgetown University.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
|
||||
Private Collection of Personal Information
|
||||
|
||||
This was another role-playing session where the participants took
|
||||
positions close to those they would hold in real life. Ron Plessor of
|
||||
Piper and Marbury acted as the 'scene setter and facilitator'. It was he
|
||||
who posed the broad question "Should the government have a role in the
|
||||
privacy debate?" and asked the panelists to debate about the
|
||||
establishment of a data protection board (as proposed by Congressman
|
||||
Wise in H.R. 685d).
|
||||
|
||||
Janlori Goldman of the ACLU enthusiastically embraced the role of
|
||||
general counsel to the Data Board. She questioned the representatives
|
||||
from the fictitious private enterprises who were planning a supermarket
|
||||
discount shoppers' program where all items are matched with the
|
||||
purchaser and mailing lists would be generated with this fine-grained
|
||||
information.
|
||||
|
||||
"It would be good to come to the board before you start the
|
||||
service." Her tone was very ominous, that of a friendly but all powerful
|
||||
bureaucrat. "Bring your papers and come on in to discuss your project.
|
||||
Let's keep it informal and friendly this time to prevent the more formal
|
||||
meeting." She even alluded to making subpoenas and getting phone
|
||||
records of the direct marketeers. She would not offer the marketeers
|
||||
assurances of confidentiality in their discussion, and even though this
|
||||
was role playing, several people around me who had thought the idea of a
|
||||
board would be useful, changed their mind by the end, partly because of
|
||||
her fervor.
|
||||
|
||||
At the Q&A session about 25 people dashed for the microphones,
|
||||
making this session the most provocative of all. At least it touched a
|
||||
chord with everyone.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
On the evening of March 19, the Electronic Frontier Foundation
|
||||
presented the EFF Pioneer awards to those individuals who have done the
|
||||
most to advance liberty, responsibility, and access to computer-based
|
||||
communications. I was honored to serve as a judge and read the large
|
||||
number of nominations. Each person or institution made a strong
|
||||
impression on me, and it was difficult to narrow it down to five people.
|
||||
The recipients each made a very moving statement after they were called
|
||||
to the podium by Mitchell Kapor of the EFF.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
March 20
|
||||
|
||||
Privacy and Intellectual Freedom in the Digital Library
|
||||
Bob Walton of CLSI, Inc.
|
||||
|
||||
Walton discussed the transformation of libraries as collections of
|
||||
books into digital libraries with falling technological costs and
|
||||
volatile questions of intellectual property and reimbursement.
|
||||
|
||||
Gordon Conable, Monroe (MI) County Library system, spoke of
|
||||
libraries as First Amendment institutions, ones where Carnegie saw the
|
||||
provision of free information as a public good. However, the economics
|
||||
of digital information are quite different, and this causes problems, as
|
||||
does the government using the power of the purse to control speech (Rust
|
||||
vs. Sullivan).
|
||||
|
||||
I spoke about the case of Santa Clara County (CA) Library
|
||||
defending its open access policy when a citizen complained about
|
||||
children checking out videos he thought should be restricted. It was a
|
||||
good example of how the whole profession from the branch librarian on up
|
||||
to the California State Librarian presented a unified front in the face
|
||||
of opposition from some parts of the community and the San Jose Mercury
|
||||
News, the local paper that waffled somewhat on its own stance.
|
||||
|
||||
Jean Polly of Liverpool Public Library spoke about the problems
|
||||
running a library BBS where religious fundamentalists dominated the
|
||||
system, but outlined her library's many activities (smallest public
|
||||
library as an Internet node) and her plans for the future.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
|
||||
Who Holds the Keys?
|
||||
|
||||
In a sense the cryptography discussion was one of the most
|
||||
difficult to follow, yet the outlines of a very large battlefield came
|
||||
into view by the end of the session. The two sides are personal privacy
|
||||
and national security. Should the government be allowed to restrict the
|
||||
use of cryptography? (Only weakened schemes are allowed to be legally
|
||||
exported.) What legal protections should exist for enciphered
|
||||
communications?
|
||||
|
||||
David Bellin of the Pratt Institute stood up and spoke in code. He
|
||||
thought encrypted speech was protected and that he should have the right
|
||||
to associate with his peers through encryption (to prevent snooping). He
|
||||
did not believe the technology is controllable, nor that there is safety
|
||||
and one end and freedom at the other.
|
||||
|
||||
Jim Bidzos of RSA Data Security said we need a review of
|
||||
cryptographic policy. The long term effects of the current
|
||||
confrontational relationship will be bad. John Gilmore of Cygnus Support
|
||||
felt that the public should discuss cryptographic issues and not behind
|
||||
closed doors. This is a good time for network people, manufacturers, and
|
||||
the government to work together. John Perry Barlow sees encryption as an
|
||||
answer to the problem of having lots of privacy. Using the drug war
|
||||
rationale to prohibit export is a bad idea. Whitfield Diffie, of Sun
|
||||
Microsystems gave an excellent overview of the philosophy of encryption
|
||||
and why it's important as we move from face-to-face communications to
|
||||
electronic. There are a number of policy problems:
|
||||
--a bad person might be able to protect information against all
|
||||
assaults. In a free society a person is answerable for your actions,
|
||||
but a totalitarian society uses prior restraint. What will ours become?
|
||||
--Can a so-called 'free society' tolerate unrestricted use of
|
||||
cryptography? Because cryptography can be done on standard processors
|
||||
with small programs, and because covert channels are hard to detect,
|
||||
enforcement of a strong anti-crypto law would require drastic measures.
|
||||
|
||||
I asked Jim Bidzos about the government agencies beating their
|
||||
swords into plowshares by looking for new roles in a world without a
|
||||
Soviet threat. He thought NSA could use budget hearings to say that with
|
||||
a lean/mean military budget, a modest increase in crypto capability
|
||||
might give the government more lead time in an emergency.
|
||||
|
||||
One member of the audience challenged Bidzos to go ahead and
|
||||
export RSA outside of the US. Barlow responded "Come on, Jim. The
|
||||
Russians are already using RSA in their <missile> launch codes." To
|
||||
which Bidzos replied, "My revenue forecasts are being revised downward!"
|
||||
<laughter> Barlow answered, "You would not have gotten any royalties
|
||||
from them anyway." <more laughter> Bidzos: "Maybe..." <even more
|
||||
laughter>
|
||||
|
||||
With only a partial understanding of some of the technology
|
||||
involved (cryptography is a special field peopled mainly by
|
||||
mathematicians and intelligence officials), I think that this will be
|
||||
the issue of the 90s for libraries. It may be a way to protect both privacy
|
||||
and intellectual property in the digital libraries of the future.
|
||||
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Final Panel:
|
||||
Public Policy for the 21st Century,
|
||||
moderated by Mara Liasson, National Public Radio
|
||||
|
||||
"How will information technologies alter work, wealth, value,
|
||||
political boundaries?... What will the world be like in a decade or
|
||||
two?... What public policies now exist that may pull the opposite
|
||||
direction from the economic momentum and will lead to social tension and
|
||||
breakage if not addressed properly?"
|
||||
|
||||
Peter Denning, George Mason University:
|
||||
People used to have faith that strong governments would bring
|
||||
salvation through large programs (he named failures). The poor track
|
||||
record of government and changes in comms technology have accelerated
|
||||
the decline of the faith.
|
||||
|
||||
Mitchell Kapor:
|
||||
He sees digital media as the printing press of the 21st century.
|
||||
The WELL and others make us realize we are not prisoners of geography,
|
||||
so our religious, hobby, or academic interests can b shared by the enabling
|
||||
technologies of computers. "Individuals flourish from mass society with
|
||||
this technology" Openness, freedom, inclusiveness will help us make a
|
||||
society that will please our children and grandchildren.
|
||||
|
||||
Simon Davies, Privacy International:
|
||||
"There is possibly a good future, but it's in the hands of
|
||||
greedy men. I see a world with 15 billion beings scrambling for life,
|
||||
with new frontiers stopping good things. For 14 billion they are very
|
||||
pissed off, and that our wonderful informational community (the other
|
||||
billion) becomes the beast. It will be something most of the world will
|
||||
do without. If we recognize the apocalypse now we can work with the
|
||||
forces."
|
||||
|
||||
Esther Dyson, EDventure Holding, Inc.:
|
||||
She thinks that cryptography is a defensive weapon. The free-
|
||||
flow of cryptic information is dangerous to the powerful. She want more
|
||||
markets and less government. Large concentrations of power makes her
|
||||
suspicious. Global protected networks will help those in the
|
||||
minority(disagreeing with Davies). We don't have one global villages but
|
||||
many. How do we avert tribalism of class?
|
||||
|
||||
Roland Homet, Executive Inc.:
|
||||
Homet was more conciliatory. America has a penchant for ordered
|
||||
liberty. It uses toleration and restraint to keep forces working
|
||||
together.
|
||||
|
||||
++====================================================================++
|
||||
|
||||
Lance Hoffman, of the George Washington University and organizer of the
|
||||
conference, deserves a great deal of credit for a smooth running yet
|
||||
exciting three days.
|
||||
|
||||
There will be a CFP-3 in the San Francisco area next year. If you find
|
||||
these issues to be a major force in your professional life, we hope you
|
||||
will be able to attend next year. Traditionally, there have been
|
||||
scholarships available, but these depend on donations from individuals
|
||||
and firms.
|
||||
|
||||
End of Report/ Steve Cisler sac@apple.com
|
||||
|
||||
|
||||
|
||||
|
||||
98
textfiles.com/politics/cgw.txt
Normal file
98
textfiles.com/politics/cgw.txt
Normal file
@@ -0,0 +1,98 @@
|
||||
Computer Gaming World (Golden Empire Publications)
|
||||
June, 1990, Number 72, Page 8
|
||||
Editorial by Johnny L. Wilson
|
||||
|
||||
It CAN Happen Here
|
||||
|
||||
Although Nobel Prize-winning novelist Sinclair Lewis is probably best known
|
||||
for 'Main Street', 'Babbitt', 'Elmer Gantry', and 'Arrowsmith', my personal
|
||||
favorites are 'It Can't Happen Here' and 'Kingsblood Royal'. The latter is an
|
||||
ironic narrative in which who suffers from racial prejudice toward the black
|
||||
population discovers, through genealogical research, that he himself has black
|
||||
ancestors. The protagonist experienced a life-challenging discovery that
|
||||
enabled Lewis to preach a gospel of civil rights to his readership.
|
||||
|
||||
The former is, perhaps, Lewis' most lengthy novel and it tells how a radio
|
||||
evangelist was able to use the issues of morality and national security to form
|
||||
a national mandate and create a fascist dictatorship in the United States. As
|
||||
Lewis showed how patriotic symbolism could be distorted by power-hungry elite
|
||||
and religious fervor channeled into a political movement, I was personally
|
||||
shaken. As a highschool student, reading this novel, for the first time, I
|
||||
suddenly realized what lewis intended for his readers to realize. "It" (a
|
||||
dictatorship) really CAN happen here, There is an infinitesimally fine line
|
||||
between protecting the interests of society and encumbering the freedoms of the
|
||||
self-same society in the name of protection.
|
||||
|
||||
Now it appears that the civil liberties of game designers and gamers
|
||||
themselves are to be assaulted in the name of protecting society. In recent
|
||||
months two unrelated events have taken place which must make us pause: the
|
||||
raiding of Steve Jackson Games' offices by the United States Secret Service,
|
||||
and the introduction of A.B. 3280 into the California State Assembly by
|
||||
Assemblyperson Tanner.
|
||||
|
||||
On March 1, 1990, Steve Jackson Games (a small pen and paper game company)
|
||||
was raided by agents of the United States Secret Service. The raid was
|
||||
allegedly part of an investigation into data piracy and was, apparently,
|
||||
related to the latest supplement from SJG entitled, GURPS Cyberpunk (GURPS
|
||||
stands for Generic Universal Role-Playing System). GURPS Cyberpunk features
|
||||
rules for a game universe analogous to the dark futures of George Alec Effinger
|
||||
('When Gravity Fails'), William Gibson ('Neuromancer'), Norman Spinrad ('Little
|
||||
Heroes'), Bruce Sterling ('Islands in the Net'), and Walter Jon Williams
|
||||
('Hardwired').
|
||||
|
||||
GURPS Cyberpunk features character related to breaking into networks and
|
||||
phreaking (abusing the telephone system).Hence, certain federal agents are
|
||||
reported to have made several disparaging remarks about the game rules being a
|
||||
"handbook for computer crime". In the course of the raid (reported to have
|
||||
been conducted under the authority of an unsigned photocopy of a warrant; at
|
||||
least, such was the only warrant showed to the employees at SJG) significant
|
||||
destruction allegedly occurred. A footlocker, as well as exterior storage
|
||||
units and cartons, were deliberately forced open even though an employee with
|
||||
appropriate keys was present and available to lend assistance. In addition,
|
||||
the materials confiscated included: two computers, an HP Laserjet II printer, a
|
||||
variety of computer cards and parts, and an assortment of commercial software.
|
||||
In all, SJG estimates that approximately $10,000 worth of computer hardware and
|
||||
software was confiscated.
|
||||
|
||||
The amorphous nature of the raid is what is most frightening to me. Does
|
||||
this raid indicate that those who operate bulletin board systems as individuals
|
||||
are at risk for similar raids if someone posts "hacking" information on their
|
||||
computer? Or does it indicate that games which involve "hacking" are subject
|
||||
to searches and seizures by the federal government? Does it indicate that
|
||||
writing about "hacking" exposes one to the risk of a raid? It seems that this
|
||||
raid goes over the line of protecting society and has, instead, violated the
|
||||
freedom of its citizenry. Further facts may indicate that this is not the
|
||||
case, but the first impression strongly indicates an abuse of freedom.
|
||||
|
||||
Then there is the case of California's A.B 3280 which would forbid the
|
||||
depiction of any alcohol or tobacco package or container in any video game
|
||||
intended primarily for use by minors. The bill makes no distinction between
|
||||
positive or negative depiction of alcohol or tobacco, does not specify what
|
||||
"primarily designed for" means, and defines 'video game' in such a way that
|
||||
coin-ops, dedicated game machines, and computer games can all fit within the
|
||||
category.
|
||||
|
||||
Now the law is, admittedly, intended to help curb the use and abuse of
|
||||
alcohol and tobacco among minors. Yet the broad stroke of the brush with which
|
||||
it is written limits the dramatic license which can be used to make even
|
||||
desirable points in computer games. For example, Chris Crawford's 'Balance of
|
||||
the Planet' depicts a liquor bottle on a trash heap as part of a screen talking
|
||||
about the garbage problem. Does this encourage alcohol abuse? In 'Wasteland',
|
||||
one of the encounters involves two winos in an alley. Does their use of
|
||||
homemade white lightening commend it to any minors that might be playing the
|
||||
game?
|
||||
|
||||
One of the problems with legislating art is that art is designed to both
|
||||
reflect and cast new light and new perspectives on life. As such, depiction of
|
||||
any aspect of life may be appropriate, in context. Unfortunately for those who
|
||||
want to use the law as a means of enforcing morality, laws cannot be written to
|
||||
cover every context.
|
||||
|
||||
We urge our California readers to oppose A.B. 3280 and help defend our basic
|
||||
freedoms. We urge all of our readers to be on the alert for any governmental
|
||||
intervention that threatens our freedom of expression. "It" not only CAN
|
||||
happen here, but "it" is very likely to if we are not careful.
|
||||
|
||||
|
||||
|
||||
|
||||
1496
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265
textfiles.com/politics/chaos.mag
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|
||||
|
||||
<20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͻ
|
||||
<20> CHAOS AND SOCIAL ENGINEERING <20>
|
||||
<20> <20>
|
||||
<20> by <20>
|
||||
<20> Mack Tanner <20>
|
||||
<20><><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͼ
|
||||
|
||||
"Law of the Perversity of Nature: You cannot successfully
|
||||
determine beforehand which side of the bread to butter."
|
||||
--Anonymous
|
||||
|
||||
Most of you have probably heard the story about the
|
||||
clever young man who offers to go to work for a businessman
|
||||
on a try-out basis in which the young man will be paid only
|
||||
one cent on the first day, two cents for the second day, four
|
||||
cent on the third day, and so on, the salary doubling each
|
||||
day until the businessman decides whether or not he wants to
|
||||
hire the young man on a permanent basis.
|
||||
Thinking he's getting a good deal, the businessman takes
|
||||
on the kid and a month slips by before the businessman
|
||||
decides he won't keep the young man on. When the young man
|
||||
presents the bill for his wages for thirty days, the
|
||||
businessman discovers it's cheaper to sign over the company
|
||||
than paying the wages.
|
||||
The businessman has just learned the truth of compound
|
||||
interest. By doubling a single cent thirty times, you end up
|
||||
with $5,368,709.12 on the last doubling. The business man
|
||||
owes the young man over 10 million dollars for the thirty
|
||||
days of work.
|
||||
While this common mathematical principle has long been
|
||||
understood, it's only been in recent years that scientists
|
||||
have examined and explored what impact compounding small sums
|
||||
can have on what are called chaotic systems.
|
||||
A chaotic system is any dynamic physical, biological, or
|
||||
mathematical system in which a complicated set of data
|
||||
interact in non-linear and non-repetitive way. (Anyone
|
||||
interested in a more technical explanation of chaos theory
|
||||
should check out a library book on the subject.)
|
||||
Until recently, the philosophy of determinism was the
|
||||
basis for much of scientific thought and direction. The
|
||||
concept was that if we only knew the equations and had the
|
||||
precise data, the future could be predicted. This concept is
|
||||
best summarized in Laplace's famous statement:
|
||||
|
||||
"An intellect which at any given moment knew all the
|
||||
forces that animate Nature and the mutual positions of
|
||||
the beings that comprise it, if this intellect were vast
|
||||
enough to submit its data to analysis, could condense
|
||||
into a single formula the movement of the greatest
|
||||
bodies of the universe and that of the lightest atom:
|
||||
for such an intellect nothing could be uncertain; and
|
||||
the future just like the past would be present before
|
||||
its eyes." Pierre Simon de Laplace, 1749-1827
|
||||
|
||||
Chaos theory now shows how naive and ridiculous this
|
||||
statement is. What scientists have come to understand in
|
||||
only the last few years is that in all chaotic systems, very
|
||||
small variations in input data can have a profound impact on
|
||||
the future development of the system. The more the variables
|
||||
at the initiation of the system, the greater the difficulty
|
||||
in predicting what impact tiny increases or decrease in a
|
||||
single variable will have on the progress of the system. In
|
||||
a perverse sort of way, the longer term the prediction
|
||||
attempted, the greater and more accurate the amount of
|
||||
initial data that is required to make the prediction. As the
|
||||
thousands, or millions of different variables act upon each
|
||||
other, no human, nor human manufactured computing machine can
|
||||
predict what the smallest change to any single variable will
|
||||
do to the future of the system.
|
||||
The most commonly cited example of a chaotic system is
|
||||
the weather. Other chaotic systems include hydraulic
|
||||
turbulence, biological species interaction, epidemiology, and
|
||||
all human societies and economies.
|
||||
Understanding chaos theory explains why scientists have
|
||||
such a difficult time predicting the weather more than
|
||||
twenty-four hour in advance and why they now realize that
|
||||
they will never be able to make trustworthy long-term weather
|
||||
predictions. It is simply impossible to collect the in-put
|
||||
data in the quantity and with the degree of accuracy
|
||||
necessary to make a credible long term prediction. (Of
|
||||
course, the government will never admit this is good reason
|
||||
to stop spending billions trying to do so!)
|
||||
Understanding chaos theory also explains why it will be
|
||||
impossible for humans to ever control the weather to produce
|
||||
a desired result with no danger of unexpected and undesirable
|
||||
results. Cloud seeding may make it rain over a dry Iowa corn
|
||||
field, but the impact of that intervention might result in an
|
||||
hurricane destroying a coastal city in Florida six months, or
|
||||
six years in the future.
|
||||
Given the complexity of the non-linear equations in
|
||||
describing weather patterns, no scientist will ever be able
|
||||
to prove that it was the cloud seeding that caused the
|
||||
hurricane, nor, for that matter, that the cloud seeding
|
||||
didn't contribute to the hurricane's development.
|
||||
Humans can impact on or redirect a chaotic system, but
|
||||
we can not prove or disprove exactly how the human
|
||||
intervention impacted on the system over the long term. We
|
||||
will know we changed the system, but we can never know how we
|
||||
changed the system, nor what the system would have done if we
|
||||
had changed nothing.
|
||||
All human societies and all human economic systems are
|
||||
chaotic systems. They develop and progress as a result of an
|
||||
incredible amount of input in which any single individual may
|
||||
do something that will have an unexpected and unpredictable
|
||||
multiplier impact on how the system will operate at some
|
||||
future point in time.
|
||||
Chaos theory explains why social engineering can never
|
||||
produce the expected result and why such schemes will always
|
||||
produce unintended results. Chaos theory also explains why
|
||||
neither the social engineers nor the critics of social
|
||||
engineering can ever prove what real impact an attempt at
|
||||
social engineering actually had on the economy and the
|
||||
society.
|
||||
We have been listening to a lot of political debate
|
||||
about what caused the riots in Los Angeles. The
|
||||
conservatives blame the deteriorating situation of the city
|
||||
on social programs of the Great Society, welfare dependency,
|
||||
government regulation, minimum wages laws, high taxes, and
|
||||
moral decline while the liberals blame the failure of the
|
||||
government to spend enough money, racism, police brutality,
|
||||
illegal immigration, and the entire American corporate
|
||||
cultural.
|
||||
The entire debate is total bullshit!
|
||||
There is absolutely no way anyone can scientifically
|
||||
establish what things might have been done differently that
|
||||
could have prevented the deterioration of our cities into the
|
||||
current social morass. Furthermore, there is no way anyone
|
||||
can scientifically demonstrate what new proposals for social
|
||||
engineering will produce intended and only intended future
|
||||
results.
|
||||
The entire political debate over the domestic agenda
|
||||
that goes on in connection with the current presidential
|
||||
election is also total bullshit!
|
||||
Nobody can explain scientifically exactly what caused
|
||||
the recent recession nor place with any scientific certainty
|
||||
the blame on any set of government actions. And nobody can
|
||||
predict what impact all of the different proposed economic
|
||||
solutions will actually have on the future world economic
|
||||
situation.
|
||||
Yet every politician is demanding that we spend a
|
||||
trillion dollars on programs that they can't demonstrate will
|
||||
work and they won't ever to be able to prove that they did
|
||||
work once they are in place.
|
||||
The national economy and its interrelation with the
|
||||
world economy is a chaotic system even more complex,
|
||||
unpredictable, and unmanageable than the world weather and
|
||||
climate patterns. Any politician who claims he can control
|
||||
it for the benefit of everyone without damaging large groups
|
||||
of other people is either a fool, or a crook, or more likely
|
||||
both.
|
||||
The government can do lots of things that will have
|
||||
short term impact on the economy. Political leaders can
|
||||
lower interest rates, shift investment opportunities,
|
||||
legislate prices, regulate exchanges, and all those things
|
||||
will alter the economic future of the economy. But chaos
|
||||
theory explains why we can not predict what the long term
|
||||
result of such action will be and why the unintended results
|
||||
may well be much more disastrous than the original problem
|
||||
could have ever become if left alone and free of government
|
||||
intervention.
|
||||
All of this is scientific fact that can be described by
|
||||
observation of prior events, the examination of mathematical
|
||||
formulas and demonstrated with computer modeling.
|
||||
But don't expect any political candidate, office holder,
|
||||
member of congress, bureaucrat, or scientist working on a fat
|
||||
government contract to admit the truth of this. For them to
|
||||
do so would be for them to admit that the American federal
|
||||
budget is being wasted on social engineering projects with no
|
||||
guarantees that they will work or that they won't produce
|
||||
disasters.
|
||||
Chaos theory not only explains why economic central
|
||||
planning can't work, it also explains why government
|
||||
bureaucracy grows so fast.
|
||||
Because political leaders and the bureaucrats refuse to
|
||||
recognize that what they are trying to do can't be done, they
|
||||
work under the delusion that they only thing preventing
|
||||
ultimate success is more and better data. They excuse their
|
||||
repeated failures by insisting they didn't have enough data,
|
||||
*which is right*, but they refuse to understand that no
|
||||
matter how much data they collect, it will never be enough to
|
||||
allow them to predict and control what the economy is going
|
||||
to do.
|
||||
Instead, they collect and quantify increasingly greater
|
||||
amounts of data as the cost escalates much like the salary of
|
||||
the boy who stated out at a penny for the first day's work.
|
||||
The more information they collect, the more difficult the
|
||||
task of correlating, interpreting, and analyzing the
|
||||
information they have. They hire ever larger numbers of
|
||||
people who can be put to the task of collecting and handling
|
||||
the information.
|
||||
When things go wrong, the excuse is always a failure in
|
||||
intelligence and the proposed solution is to hire more people
|
||||
and gather more raw data. The more things go wrong, the more
|
||||
money they spend trying to fix it. A fascinating conclusion
|
||||
of chaos theory is that you cannot predict the result of the
|
||||
fix, even if you try to put everything back exactly like it
|
||||
was! When we used DDT to kill the bugs and found out that it
|
||||
did more harm than good - in unexpected ways - the decision
|
||||
to quit using DDT may have resulted in greater damage than
|
||||
would have been the result of continuing its use.
|
||||
|
||||
But if the government can't control the economy for the
|
||||
benefit of all, what is the government doing?
|
||||
|
||||
Our politician leaders and the bureaucrats they hire
|
||||
play exactly the same role in the modern secular state that
|
||||
pagan priests and shamans played in ancient civilizations.
|
||||
Except, where ancient pagan priests and shamans promised to
|
||||
magically control the weather, stop the earthquakes, and
|
||||
curse the enemy with disease and pestilence, these modern
|
||||
wizards and magicians promise us that everyone will have a
|
||||
good job, decent medical care, and a useful education while
|
||||
avoiding drugs, unwanted pregnancies, and crime in the
|
||||
streets.
|
||||
Fortunately for us all, the weather generally does treat
|
||||
human populations pretty well, and despite the bungled
|
||||
attempts of government interference, millions of free people,
|
||||
all looking out for their own selfish interest, usually
|
||||
succeed in creating a chaotic, but healthy economy that
|
||||
provides most of us with all the good things of life and a
|
||||
few of us the chance to get rich.
|
||||
Like their ancient counterparts always claimed credit
|
||||
for spring rains, sunny weather, and good harvests, the
|
||||
modern political wizards and magicians claim credit for the
|
||||
successful economy and insist that the taxpayers contribute
|
||||
even more money to guarantee continued success in the future.
|
||||
They are taking credit for things they didn't do and charging
|
||||
us high prices for not doing it.
|
||||
The amount they take for themselves and for those whom
|
||||
they decide to bless with entitlement programs continues to
|
||||
grow. Most of us are working five full months a year for the
|
||||
sole purpose of feeding our monstrous and useless government
|
||||
beast. And still the wizards are telling us they need more
|
||||
money.
|
||||
They will keep demanding more money for as long as the
|
||||
taxpayer will pay it. The debt will grow like the wages owed
|
||||
the clever young man until it reaches the point where the
|
||||
whole government system will collapse under the weight of
|
||||
it's own debt.
|
||||
But don't worry. Just like the good weather stuck
|
||||
around for long after humans gave up on paying pagan priests
|
||||
to guarantee good harvests, the basic economy, the sum total
|
||||
of all human interactions and economic exchanges, will still
|
||||
be around long after the collapse of big government.
|
||||
|
||||
+-----------------------------------------------------------------+
|
||||
| THE CHAOS ADVOCATE is copyrighted by Mack Tanner. You |
|
||||
| may review and read sections of this electronic publication |
|
||||
| to determine whether or not you would like to read the entire |
|
||||
| work. If you decide to read the entire magazine, or if you |
|
||||
| keep a copy of the magazine in the unpacked, readable format |
|
||||
| for your own personal use or review for more than two days |
|
||||
| must pay a SHARELIT fee by mailing $2.00 to |
|
||||
| |
|
||||
| Mack Tanner |
|
||||
| 1234 Nearing Rd. |
|
||||
| Moscow, ID 83843 |
|
||||
| |
|
||||
| If you want a receipt, include a self-addressed and |
|
||||
| stamped envelope. |
|
||||
| |
|
||||
+-----------------------------------------------------------------+
|
||||
|
||||
|
||||
181
textfiles.com/politics/charlott.txt
Normal file
181
textfiles.com/politics/charlott.txt
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@@ -0,0 +1,181 @@
|
||||
|
||||
|
||||
THE CHARLOTTE TOWN RESOLVES:
|
||||
|
||||
|
||||
RESOLVES ADOPTED IN CHARLOTTE TOWN,
|
||||
MECKLENBURG COUNTY, NORTH CAROLINA,
|
||||
MAY 31, 1775
|
||||
|
||||
Charlotte Town, Mecklenburg County, May 31.
|
||||
|
||||
This Day the Committee met, and passed the following
|
||||
|
||||
RESOLVES:
|
||||
|
||||
Whereas by an Address presented to his Majesty by both
|
||||
Houses of Parliament in February last, the American Colonies
|
||||
are declared to be in a State of actual Rebelion, we conceive
|
||||
that all Laws and Commissions confirmed by, or derived from the
|
||||
Authority of the King or Parliament, are annulled and vacated,
|
||||
and the former civil Constitution of these Colinies for the
|
||||
present wholly suspended. To provide in some Degree for the
|
||||
Exigencies of the County in the present alarming Period, we
|
||||
deem it proper and necessary to pass the following Resolves,
|
||||
viz.
|
||||
|
||||
1. That all Commissions, civil and military, heretofore
|
||||
granted by the Crown, to be exercised in these Colonies, are
|
||||
null and void, and the Constitution of each particular Colony
|
||||
wholly suspended.
|
||||
|
||||
2. That the Provincial Congress of each Province, under
|
||||
the Direction of the Great Continental Congress, is invested
|
||||
with all legislative and executive Powers within their
|
||||
respective Provinces; and that no other Legislative or
|
||||
Executive does or can exist, at this time, in any of these
|
||||
Colonies.
|
||||
|
||||
3. As all former Laws are now suspended in this Province,
|
||||
and the Congress have not yet provided others, we judge it
|
||||
necessary, for the better Preservation of good Order, to form
|
||||
certain Rules and Regulations for the internal Government of
|
||||
this County, until Laws shall be provided for us by the
|
||||
Congress.
|
||||
|
||||
4. That the Inhabitants of this County do meet on a
|
||||
certain Day appointed by this Committee, and having formed
|
||||
themselves into nine Companies, to wit, eight for the County,
|
||||
and one for the Town of Charlotte, do choose a Colonel and
|
||||
other military Officers, who shall hold and exercise their
|
||||
several Powers by Virtue of this Choice, and independent of
|
||||
Great-Britain, and former Constitution of this Province.
|
||||
|
||||
5. That for the better Preservation of the Peace, and
|
||||
Administration of Justice, each of these Companies do choose
|
||||
from their own Body two discreet Freeholders, who shall be
|
||||
impowered each by himself, and singly, to decide and determine
|
||||
all Matters of Controversy arising within the said Company
|
||||
under the Sum of Twenty Shillings, and jointly and together all
|
||||
Controversies under the Sum of Forty Shillings, yet so as their
|
||||
Decisions may admit of Appeals to the Convention of the Select
|
||||
Men of the whole County; and also, that any one of these shall
|
||||
have Power to examine, and commit to Confinement, Persons
|
||||
accused of Petit Larceny.
|
||||
|
||||
6. That those two Select Men, thus chosen, do, jointly
|
||||
and together, choose from the Body of their particular Company
|
||||
two Persons, properly qualified to serve as Constables, who may
|
||||
assist them in the Execution of their Office.
|
||||
|
||||
7. That upon the Complaint of any Person to either of
|
||||
these Select Men, he do issue his Warrant, directed to the
|
||||
Constable, commanding him to bring the Aggressor before him or
|
||||
them to answer the said Complaint.
|
||||
|
||||
8. That these eighteen Select Men, thus appointed, do
|
||||
meet every third Tuesday in January, April, July, and October,
|
||||
at the Court-House, in Charlotte, to hear and determine all
|
||||
Matters of Controversy for Sums exceeding Forty Shillings;
|
||||
also Appeals: And in Cases of Felony, to commit the Person or
|
||||
Persons convicted thereof to close Confinement, until the
|
||||
Provincial Congress shall provide and establish Laws and Modes
|
||||
of Proceeding in all such Cases.
|
||||
|
||||
9. That these Eighteen Select Men, thus convened, do
|
||||
choose a Clerk to record the Transactions of said Convention;
|
||||
and that the said Clerk, upon the Application of any Person or
|
||||
Persons aggrieved, do issue his Warrant to one of the
|
||||
Constables, to summon and warn said Offender to appear before
|
||||
the Convention at their next sittinbg, to answer the aforesaid
|
||||
Complaint.
|
||||
|
||||
10. That any Person making Complaint upon Oath to the
|
||||
Clerk, or any Member of the Convention, that he has Reason to
|
||||
suspect that any Person or Persons indebted to him in a Sum
|
||||
above Forty Shillings, do intend clandestinely to withdraw from
|
||||
the County without paying such Debt; the Clerk, or such Member,
|
||||
shall issue his Warrant to the Constable, commanding him to
|
||||
take the said Person or Persons into safe Custody, until the
|
||||
next sitting of the Convention.
|
||||
|
||||
11. That when a Debtor for a Sum below Forty Shillings
|
||||
shall abscond and leave the County, the Warrant granted as
|
||||
aforesaid shall extend to any Goods or Chattels of the said
|
||||
Debtor as may be found, and such Goods or Chattels be seized
|
||||
and held in Custody by the Constable for the Space of Thirty
|
||||
Days; in which Term if the Debtor fails to return and discharge
|
||||
the Debt, the Constable shall return the Warrant to one of the
|
||||
Select Men of the Company where the Goods and Chattels are
|
||||
found, who shall issue Orders to the Constable to sell such a
|
||||
Part of the said Goods as shall amount to the Sum due; that
|
||||
when the Debt exceeds Forty Shillings, the Return shall be made
|
||||
to the Convention, who shall issue the Orders for Sale.
|
||||
|
||||
12. That all Receivers and Collectors of Quitrents, Public
|
||||
and County Taxes, do pay the same into the Hands of the
|
||||
Chairman of this Committee, to be by them disbursed as the
|
||||
public Exigencies may require. And that such Receivers and
|
||||
Collectors proceed no farther in their Office until they be
|
||||
approved of by, and have given to this Committee good and
|
||||
sufficient Security for a faithful Return of such Monies when
|
||||
collected.
|
||||
|
||||
13. That the Committee be accountable to the County for
|
||||
the Application of all Monies received from such public
|
||||
Officers.
|
||||
|
||||
14. That all these Officers hold their Commissions during
|
||||
the Pleasure of their respective Constituents.
|
||||
|
||||
15. That this Commission will sustain all Damages that may
|
||||
ever hereafter accrue to all or any of these Officers thus
|
||||
appointed, and thus acting, on Account of their Obedience and
|
||||
Conformity to these Resolves.
|
||||
|
||||
16. That whatever Person shall hereafter receive a
|
||||
Commission from the Crown, or attempt to exercise any such
|
||||
Commission heretofore received, shall be deemed an Enemy to
|
||||
his Country; and upon Information being made to the Captain of
|
||||
the Company where he resides, the said Captain shall cause him
|
||||
to be apprehended, and conveyed before the two Select Men of
|
||||
the said Company, who, upon Proof of the Fact, shall commit him
|
||||
the said Offender, into safe Custody, until the next setting of
|
||||
the Convention, who shall deal with him as Prudence may direct.
|
||||
|
||||
17. That any Person refusing to yield Obedience to the
|
||||
above Resolves shall be deemed equally criminal, and liable to
|
||||
the same Punishments as the Offenders above last mentioned.
|
||||
|
||||
18. That these Resolves be in full Force and Virtue, until
|
||||
Instructions from the General Congress of this Province,
|
||||
regulating the Jurisprudence of this Province, shall provide
|
||||
otherwise, or the legislative Body of Great-Britain resign its
|
||||
unjust and arbitrary Pretentions with Respect to America.
|
||||
|
||||
19. That the several Militia Companies in this county do
|
||||
provide themselves with proper Arms and Accoutrements, and hold
|
||||
themselves in Readiness to execute the commands and Directions
|
||||
of the Provincial Congress, and of this committee.
|
||||
|
||||
20. That this committee do appoint Colonel Thomas Polk, and
|
||||
Doctor Joseph Kennedy, to purchase 300 lb. of Powder, 600 lb.
|
||||
of Lead, and 1000 Flints, and deposit the same in some safe
|
||||
Place, hereafter to be appointed by the committee.
|
||||
|
||||
Signed by Order of the Commitee.
|
||||
|
||||
EPH. BREVARD, Clerk of the Committee
|
||||
|
||||
------------------------------------
|
||||
|
||||
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
|
||||
Distributed by the Cybercasting Services Division of the
|
||||
National Public Telecomputing Network (NPTN).
|
||||
|
||||
Permission is hereby granted to download, reprint, and/or otherwise
|
||||
redistribute this file, provided appropriate point of origin
|
||||
credit is given to the preparer(s) and the National Public
|
||||
Telecomputing Network.
|
||||
V<EFBFBD><EFBFBD>R<EFBFBD><EFBFBD>T
|
||||
|
||||
106
textfiles.com/politics/choice.txt
Normal file
106
textfiles.com/politics/choice.txt
Normal file
@@ -0,0 +1,106 @@
|
||||
GW> Ain't sayin' which side I'm on here, but relax a bit -- I noticed the
|
||||
GW> phrase "anti-choice" enter the pro-choicers' vocabulary about the same
|
||||
GW> time I first heard the term "pro-abortion" used by pro-lifers. The
|
||||
GW> chicken or the egg, it doesn't matter, but in a battle for public
|
||||
GW> sentiment, neither side will give up its code words unless the other
|
||||
GW> one does first -- sounds like a stand-off to me.
|
||||
|
||||
|
||||
CHOICESPEAK:
|
||||
THE LANGUAGE TO ABORT THE CONSCIENCE
|
||||
|
||||
From where Winston stood, it was just possible to read, picked
|
||||
out on its face in elegant lettering, the three slogans of the
|
||||
party:
|
||||
WAR IS PEACE
|
||||
FREEDOM IS SLAVERY
|
||||
IGNORANCE IS STRENGTH
|
||||
1984, by George Orwell
|
||||
|
||||
Language has always been used for deceitful and misleading
|
||||
purposes. Misrepresentations, distortions and outright lying
|
||||
have been employed for ulterior motives throughout all of
|
||||
recorded history. And, as man has "progressed," his abuse of
|
||||
language has reached new levels of sophistication and
|
||||
treachery.
|
||||
|
||||
The abuse of language for devious purposes has been given
|
||||
several definitions over time. The term "doublespeak" (or
|
||||
"doubletalk") refers to language which APPEARS to be
|
||||
meaningful, but is actually a mixture of sense and nonsense.
|
||||
George Orwell, in his famous novel *1984*, coined the word
|
||||
"Newspeak," denoting a propagandistic language marked by
|
||||
ambiguity and contradictions. Its stated purpose: to
|
||||
"diminish the range of thought."
|
||||
|
||||
Never has language-for-propaganda been more cleverly or
|
||||
effectively used, however, than by our contemporary
|
||||
pro-abortionists. To as great an extent as possible, abortion
|
||||
advocates have conceptualized and debated abortion without
|
||||
mention of, or attention to, the act itself. For the last
|
||||
twenty years, they have strived to redefine child-killing as a
|
||||
"choice." Sadly, their endeavor has met with great success.
|
||||
One commonly hears, for instance: "Whose CHOICE is it, who
|
||||
decides?" "This fight is for reproductive CHOICE."
|
||||
"Pro-lifers are the anti-CHOICE minority." "Pro-CHOICE is not
|
||||
pro-abortion." "The issue is not abortion, the issue is
|
||||
CHOICE." And even in the "neutral" media: "Anti-abortion
|
||||
demonstrators squared off with pro-CHOICE activists."
|
||||
|
||||
Given the spread, like so many cancer cells, of such
|
||||
pro-abortion euphemisms throughout our language, it is clear
|
||||
that a new term is necessary to definitively characterize the
|
||||
pro-abortionists' misleading use of words for propaganda
|
||||
purposes. The term I propose to serve this purpose is
|
||||
"Choicespeak," which I define as "propagandistic language
|
||||
marked by ambiguity and contradictions DESIGNED TO INCREASE
|
||||
ACCEPTANCE OF THE ANTI-LIFE MENTALITY."
|
||||
|
||||
Specific examples of Choicespeak are not at all hard to find.
|
||||
A preborn baby becomes, via Choicespeak, the "product of
|
||||
conception." The scientific fact that a human being's
|
||||
biological life begins at fertilization (conception) becomes,
|
||||
via Choicespeak, a "religious view." The killing of a CHILD
|
||||
becomes, via Choicespeak, the "termination of a PREGNANCY."
|
||||
(In terms of intent and effect, abortion and childbirth should
|
||||
be contrasted as follows: CHILDBIRTH is the termination of a
|
||||
PREGNANCY; ABORTION is the "termination" of a CHILD.) And,
|
||||
last but not least, abortion --- the killing of an innocent
|
||||
preborn baby --- becomes, via Choicespeak, a valid "choice"
|
||||
that a woman may consider.
|
||||
|
||||
Words can be used as weapons so long as there is a target. In
|
||||
abortion, the targets are easy prey. Simply put, the abortion
|
||||
industry has wielded its powerfully deceptive words against
|
||||
vulnerable mothers and the innocent children within their
|
||||
wombs. Women are exploited; their babies destroyed; men are
|
||||
alienated. And the family, the very foundation of society, is
|
||||
assaulted at its core.
|
||||
|
||||
Therefore, the Choicespeaking zealots must be exposed; their
|
||||
NON-truths must be replaced by THE truth. To do this, one
|
||||
must be alert when exposed to pro-abortion rhetoric and
|
||||
anti-life logic. Probe beyond the surface and ascertain the
|
||||
underlying principles; uncover the real meaning behind the
|
||||
alluring message. Otherwise, the abortion seducing "Big
|
||||
Brother" may very well distort YOUR perception and diminish
|
||||
YOUR "range of thought," increasing your acceptance of and
|
||||
tolerance for abortion -- a truly unthinkable crime.
|
||||
|
||||
Woe to those who call evil good,
|
||||
and good evil,
|
||||
who change the darkness into light,
|
||||
and light into darkness,
|
||||
who change bitter into sweet,
|
||||
and sweet into bitter! (Isaiah 5:20)
|
||||
|
||||
---------------------------------------------------------------
|
||||
documentation provided by SCMIS
|
||||
|
||||
David on the Beach in Arizona
|
||||
|
||||
|
||||
|
||||
... To let live is to live yourself!
|
||||
--- Blue Wave/TG v2.00 [NR]
|
||||
* Origin: The Arizona Badlands BBS Casa Grande AZ 6028368336 (85:823/126.0)
|
||||
92
textfiles.com/politics/chron.txt
Normal file
92
textfiles.com/politics/chron.txt
Normal file
@@ -0,0 +1,92 @@
|
||||
|
||||
Via Greenlink II
|
||||
=================================================================
|
||||
|
||||
GREENPEACE WORLD PARK BASE
|
||||
|
||||
ANTARCTIC DIARY 23
|
||||
Jan 11,1990
|
||||
|
||||
|
||||
Our Resupply ship the MV Gondwana has left Auckland, New Zealand
|
||||
on the second leg of this years campaign to have this vast frozen
|
||||
continent protected as a World Park. This last twelve months
|
||||
living at Cape Evans has been a remarkable time for me both
|
||||
personally and as a small part of the world wide movement for
|
||||
environmental protection. When we left New Zealand on 22nd
|
||||
December 1988 the challenge was to highlight Antarctica's place
|
||||
in the mind's of people all around the world. From the many
|
||||
contacts we have had from many countries and from hearing about
|
||||
the growing influence of the Green political movement I feel sure
|
||||
that we humans are collectively changing our awareness of the
|
||||
natural world and in particular Antarctica's place in natural
|
||||
order of things.
|
||||
|
||||
It has long been a fear that oil exploration and exploitation was
|
||||
the biggest and most imminent danger that the natural world faced
|
||||
in Antarctica. 1989 seems to have been a year full of examples
|
||||
of the damage that can be done in the polar regions when fuel
|
||||
spills occur. In our own backyard we saw for ourselves that
|
||||
where large quantities of fuel are handled the possiblities for
|
||||
large spills seems to be almost inevitable. The US McMurdo
|
||||
Station, 25Km to the south has had a series of large fuel spills
|
||||
in the last eighteen months ( Over 450 000 Litres or nearly 118
|
||||
000 US Gals ) and none of these spills have been cleaned up to
|
||||
date. While we were investigating the environmental impact of
|
||||
one of these spills in early October we uncovered yet another
|
||||
fuel spill which was later admitted to be in fact a number of
|
||||
spills going back as far as 1983 and no records exist of these
|
||||
periodic spills. This spill site was only 150 Metres from New
|
||||
Zealand's Scott Base and was on an area of foreshore sea-ice that
|
||||
thaws each summer thus releasing the contaminating fuel directly
|
||||
into the sea.
|
||||
|
||||
Both New Zealand and the US are major sponsors of the Minerals
|
||||
Convention which is an agreement among the Antarctic Treaty
|
||||
signatory nations. This Convention which is also know around the
|
||||
world as the Wellington Convention, after the capital city of New
|
||||
Zealand was negotiated behind closed doors, sets out the
|
||||
conditions under which minerals can be extracted from Antarctica.
|
||||
|
||||
There are a growing number of governments, now responding to
|
||||
public opinion at home opposing the ratification of this Minerals
|
||||
Convention. Australia, France, Italy and Belgium have rejected
|
||||
the convention and along with a number of other countries are
|
||||
actively pushing for a comprehensive Envronmental Protection
|
||||
agreement for Antarctica in the form of a Wilderness Reserve.
|
||||
|
||||
Oil hungry nations and their supporters remain in favour of this
|
||||
Miners Convention stating that they wish to keep their options
|
||||
open for future oil exploration of Antarctica while reluctantly
|
||||
pursuing the more sensible path of energy conservation and the
|
||||
development of alternative energy systems.
|
||||
|
||||
Well, in my last diary written at World Park Base I found myself
|
||||
with the treat of oil-exploration in my mind and I haven't
|
||||
written about the Polar summer that is blazing around me. I
|
||||
suspect that there are two factors involved in my preoccupation.
|
||||
The news of the rusting hulk of the Kharg 5 tanker spilling its
|
||||
contents uncontrollably into the Atlantic off the Morroccan coast
|
||||
has brought back to me the 1989 events... the Bahia Paraiso -
|
||||
Anvers Isand Antarctica, the Exxon Valdez - Prince Philips Sound
|
||||
Alaska, the US South Pole Station, the US airfield McMurdo Sound
|
||||
Antarctica... all sites of environmental disasters in Polar
|
||||
regions. The other factor is that as a New Zealander I am
|
||||
saddened by the fact that my government remains a major sponsor
|
||||
of a Miners Convention for Antarctica.
|
||||
|
||||
Outside my window the sea-ice is in full-melt and the stretches
|
||||
of open water are growing before our eyes. In the Cape Evans
|
||||
area more than twenty Weddell Seals are basking ashore and the
|
||||
Skua chicks are growing. The amazing thaw that we have
|
||||
experienced this year continues to feed the thousands of little
|
||||
streams and dozens of miniature lakes that dot the area. We have
|
||||
had about two week of settled weather, ideal for preparing the
|
||||
base for the arrival of our resupply ship and our many old
|
||||
friends.
|
||||
|
||||
My kindest regards to all our supporters and friends as my time
|
||||
here at World Park base comes rapidly to and end.
|
||||
|
||||
Phil Doherty.
|
||||
|
||||
114
textfiles.com/politics/chrstlie.txt
Normal file
114
textfiles.com/politics/chrstlie.txt
Normal file
@@ -0,0 +1,114 @@
|
||||
"GIVING THE LIE TO THE CHRISTIAN RIGHTWING"
|
||||
|
||||
Howdy, gang! It's time for another radical-subversive, smutty,
|
||||
leftwing upload from that old electronic anarchist, Sax Allen, coming to you
|
||||
very much alive from Free San Francisco!
|
||||
|
||||
In recent weeks, the Reagan/Nixon stacked Supreme Court has
|
||||
abandoned law and precedent in favor of extreme rightwing ideology and the
|
||||
Heritage Foundation agenda. They've begun dismantling the progressive changes
|
||||
for which we all fought so hard and long. They're sabotaging and undermining
|
||||
important gains in civil rights, abortion, search and seizure, privacy and
|
||||
separation of church and state.
|
||||
|
||||
Because these rightwing noodle heads are so fond of making up
|
||||
their own "factoids" and because they're currently pumping out a bunch of
|
||||
malarkey about America supposedly being a "Christian" nation, and because as
|
||||
proof of this they're making up religious lies about some of our most
|
||||
intelligent presidents...for all these reasons I thought you'd enjoy hearing a
|
||||
few hot words from our founding fathers themselves. Note in particular what
|
||||
George Washington says!
|
||||
--------------------------------------------------------------------------------
|
||||
--------------------------------------------------------------------------------
|
||||
The American Revolution of 1776 was to a large degree led by men
|
||||
steeped in the rational humanism of the Enlightenment who considered all
|
||||
established religion a form of barbaric superstition. Thus their insistence on
|
||||
the separation of church and state, which was universally regarded as the MOST
|
||||
RADICAL aspect of the American Revolution.
|
||||
--------------------------------------------------------------------------------
|
||||
--------------------------------------------------------------------------------
|
||||
|
||||
THOMAS JEFFERSON:
|
||||
|
||||
"Millions of innocent men, women and children, since the
|
||||
introduction of Christianity, have been burnt, tortured, fined, imprisoned:
|
||||
yet we have not advanced one inch towards uniformity. What has been the effect
|
||||
of coercion? To make one half the world fools, and the other half hypocrites.
|
||||
To suport roguery and error all over the earth."
|
||||
-- "Notes on the State of Virginia" (1781-82)
|
||||
|
||||
"...the priests indeed have heretofore thought proper to ascribe
|
||||
to me religious, or rather anti-religious sentiments, of their own fabric, but
|
||||
such as soothed their resentments against the act of Virginia for establishing
|
||||
religious freedom. They wished him to be thought atheist, deist, or devil, who
|
||||
could advocate freedom from their religious dictations. But I have ever
|
||||
thought religion a concern purely between our God and our consciences, for
|
||||
which we were accountable to him, and not to the priests."
|
||||
-- Letter to Mrs. Harrison Smith (6 August 1816)
|
||||
|
||||
|
||||
JOHN ADAMS:
|
||||
|
||||
"Eight millions of Jews hope for a Messiah more powerful and
|
||||
glorious than Moses, David, or Solomon; who is to make them as powerful as he
|
||||
pleases. Some hundreds of millions of Mussulmans [Moslems] expect another
|
||||
prophet more powerful than Mahomet [Mohammed], who is to spread Islamism over
|
||||
the whole earth. Hundreds of millions of Christians expect and hope for a
|
||||
millennium in which Jesus is to reign for a thousand years over the whole world
|
||||
before it is burnt up. The Hindoos [Hindus] expect another and final
|
||||
incarnation of Vishnu, who is to do great and wonderful things, I know not
|
||||
what. All these hopes are founded on real or pretended revelation....
|
||||
You and I hope for splendid improvements in human society, and
|
||||
vast amelioration in the condition of mankind. Our faith may be supposed by
|
||||
more rational arguments than any of the former."
|
||||
-- Letter to Thomas Jefferson (24 September 1821)
|
||||
--------------------------------------------------------------------------------
|
||||
--------------------------------------------------------------------------------
|
||||
|
||||
"The Bible is not my book, nor Christianity my profession."
|
||||
-- Abraham Lincoln
|
||||
|
||||
|
||||
"The government of the United States is in no sense founded on
|
||||
the Christian religion."
|
||||
-- George Washington
|
||||
|
||||
|
||||
"Religion is excellent stuff for keeping common people quiet."
|
||||
-- Napoleon
|
||||
|
||||
|
||||
"When a man is freed of religion, he has a better chance to live
|
||||
a normal and wholesome life."
|
||||
-- Sigmund Freud
|
||||
, he has a better chance to live
|
||||
a
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
|
||||
Another file downloaded from: NIRVANAnet(tm)
|
||||
|
||||
& the Temple of the Screaming Electron Jeff Hunter 510-935-5845
|
||||
Salted Slug Systems Strange 408-454-9368
|
||||
Burn This Flag Zardoz 408-363-9766
|
||||
realitycheck Poindexter Fortran 415-567-7043
|
||||
Lies Unlimited Mick Freen 415-583-4102
|
||||
Tomorrow's 0rder of Magnitude Finger_Man 408-961-9315
|
||||
My Dog Bit Jesus Suzanne D'Fault 510-658-8078
|
||||
|
||||
Specializing in conversations, obscure information, high explosives,
|
||||
arcane knowledge, political extremism, diversive sexuality,
|
||||
insane speculation, and wild rumours. ALL-TEXT BBS SYSTEMS.
|
||||
|
||||
Full access for first-time callers. We don't want to know who you are,
|
||||
where you live, or what your phone number is. We are not Big Brother.
|
||||
|
||||
"Raw Data for Raw Nerves"
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
314
textfiles.com/politics/church.txt
Normal file
314
textfiles.com/politics/church.txt
Normal file
@@ -0,0 +1,314 @@
|
||||
|
||||
|
||||
CHURCH AND STATE
|
||||
|
||||
The school all recited in unison ". . .that one Nation,
|
||||
indivisible, under God, shall not perish from this Earth."
|
||||
"Now, let's give thanks to the Father for all the
|
||||
blessings we have received in the pursuit of our studies.
|
||||
Mr. Jones, will you lead us in the prayer?"
|
||||
Mr. Jack Jones, the minister of our local Methodist
|
||||
Church gives a short but inspiring prayer. The entire class
|
||||
of students respond with a sincere 'Amen'.
|
||||
They hold the opening ceremony each day in the audi-
|
||||
torium. Following the prayer, the entire school sings a
|
||||
song from the hymnal. They are accompanied by the church
|
||||
organist. No student has ever complained that they didn't
|
||||
enjoy these morning sessions. Students are excused and go
|
||||
to their respective classrooms.
|
||||
The school, sponsored by our church, gains its support
|
||||
from members of the church who have children attending the
|
||||
school. Parents became disenchanted with our public school
|
||||
system. They finally agreed they should have input in
|
||||
determining the teaching of their children.
|
||||
In the lower grade public schools, rowdiness had become
|
||||
an accepted fact of school life. The teachers had simply
|
||||
lost control over the students. It had become obvious that
|
||||
teaching was to accommodate slower students. Other students
|
||||
with more and faster learning abilities were held back.
|
||||
They were becoming bored and restive.
|
||||
In junior and senior high schools, the same problems
|
||||
existed and drug use is becoming evident. Physical violence
|
||||
is becoming an everyday occurrence. These problems were all
|
||||
on the minds of parents when they decided to form a school
|
||||
under the sponsorship of the church. Throughout the history
|
||||
of this country, churches were in the forefront of educa-
|
||||
tion. Some of the oldest colleges in the east were started
|
||||
in the same manner.
|
||||
In his study and interpretation of the history of
|
||||
education in the United States, Elwood P. Cubberly (1868-
|
||||
1941) demonstrated that in the United States the school
|
||||
arose everywhere as a child of the church. James F.
|
||||
Messenger (b. 1872), in his study of the history of
|
||||
education, points out at time of the framing of the
|
||||
Constitution of the United States, in 1787, education was
|
||||
regarded as a matter of church control. (Encyclopedia
|
||||
Americana)
|
||||
Back to our school. Several parents had been teachers
|
||||
in the past and they were hired for the new school. The man
|
||||
hired as principal also coordinated the lesson plans for all
|
||||
the classes. The student body had grown to 45 in the past
|
||||
year alone.
|
||||
Scholastically, our students scored appreciably higher
|
||||
than students of the same grades in public schools of our
|
||||
city. The students were proud of their achievements. The
|
||||
teachers were proud of their students as were the parents.
|
||||
|
||||
Our school was gaining a reputation for good, solid educa-
|
||||
tion. No frills, no pampering, no nonsense.
|
||||
That our students scored much higher than students in
|
||||
the public system obviously upset local and state education
|
||||
authorities. Efforts were started to close the school.
|
||||
First attack was on the teachers . . . they were not state
|
||||
accredited.
|
||||
The school answered that this was a private school and
|
||||
of no concern to educational authorities. Nevertheless, it
|
||||
was apparent these people had become concerned. Our
|
||||
students were learning to become God-fearing, questioning
|
||||
and upright citizens. They were not robots as were being
|
||||
churned out in the state run system.
|
||||
State authorities were not so easily dissuaded and
|
||||
filed suit in a local court to have the school closed. Our
|
||||
minister and principal ignored the court order and the
|
||||
school continued. For a short while, anyway. The local
|
||||
sheriff came by the church and school with an order for the
|
||||
school to close down. However, the minister had received a
|
||||
call from friends and the doors are locked barring their
|
||||
entry.
|
||||
Finally, in a show of police power, they forced their
|
||||
way into the buildings. They actually arrested the minister
|
||||
and principal for contempt of court.
|
||||
What was that? They forced their way into the church
|
||||
and school to arrest the minister and the principal? Is
|
||||
this still America? Just where do these knotheads find the
|
||||
authority to pull such a stunt?
|
||||
Separation of church and state, is their argument.
|
||||
Where do they find such a statement? They insist our
|
||||
Constitution guarantees separation of church and state.
|
||||
Religion belongs to the church and education is a state
|
||||
function.
|
||||
Cow paddies! Our Constitution says NO such thing.
|
||||
These are words of demented idiots. These people are
|
||||
parroting words which were taken completely out of their
|
||||
context. This statement is attributed to Thomas Jefferson
|
||||
and used by bleeding hearts out of it's intent and meaning
|
||||
for many years.
|
||||
Let's take a look at what our Constitution has to say
|
||||
about church and state.
|
||||
The First Amendment is part of our Bill of Rights.
|
||||
This specifically prohibits the government from interfering
|
||||
in special areas such as religion, press, free speech, etc.
|
||||
|
||||
The introductory statement or preamble to the Bill of
|
||||
Rights makes the intent crystal clear . . .
|
||||
|
||||
"THE Convention of a number of the States, having
|
||||
at the time of their adopting the Constitution,
|
||||
expressed a desire, in order to prevent mis-
|
||||
construction or abuse of its powers, that further
|
||||
declaratory and restrictive clauses should be
|
||||
added: And as extending the ground of public
|
||||
|
||||
confidence in the Government, will best ensure the
|
||||
beneficent ends of its institution:" (Also from
|
||||
Documents Illustrative of the Formation of the
|
||||
Union)
|
||||
|
||||
Not any question about the intent of the First Congress
|
||||
when it submitted the first twelve amendments to the states
|
||||
for their approval, is there? Further restraining and
|
||||
confining clauses to prevent the misunderstanding or abuse
|
||||
of its powers. This was the high fence around the powers.
|
||||
They also confined the misuse of those powers by the federal
|
||||
government.
|
||||
Back to the First Amendment . . . separation of church
|
||||
and state? Not a chance. Here is what it has to say about
|
||||
our RIGHT to religious freedom, opening and operating
|
||||
schools, etc:
|
||||
|
||||
"Congress shall make no law respecting an es-
|
||||
tablishment of religion, or prohibiting the free
|
||||
exercise thereof; or abridging the freedom of
|
||||
speech, or of the press; or the right of the
|
||||
people peaceably to assemble, and to petition the
|
||||
Government for a redress of grievances."
|
||||
|
||||
Can you read anything in there which allows them to
|
||||
close a school or arrest a minister or principal? Of course
|
||||
not. They would prefer you didn't know what our rights are
|
||||
so they say we are guaranteed "separation of church and
|
||||
state."
|
||||
We are GUARANTEED the right to establish any religion
|
||||
and to practice it freely as our hearts and consciences
|
||||
dictate. Our Founding Fathers were religious and Christian
|
||||
and believed religion was something between an individual
|
||||
and his Maker.
|
||||
In 1789, Congress passed an ordinance which declared
|
||||
that: Religion, morality, and knowledge, being necessary to
|
||||
good government and the happiness of mankind, schools and
|
||||
the means of education should ever be encouraged. (Encyclo-
|
||||
pedia Americana) Religion most certainly not an issue in
|
||||
which the government could stick its nose. This is one of
|
||||
those restrictive clauses to prevent an abuse of power!
|
||||
Is it possible that those who work for government don't
|
||||
know what our Constitution says either? It is not only
|
||||
possible but very definitely true. This even though we have
|
||||
ordered ALL persons who work for a government entity, at any
|
||||
level, to take an oath to support the document.
|
||||
Being men of wisdom, the Founding Fathers specified
|
||||
that no religious test be a qualification to office. (Art
|
||||
VI, Sec 3) They were firm believers in religious freedom.
|
||||
For the sake of illustration, let's say that you and
|
||||
three or four friends get together. You all decide to
|
||||
worship Isis or a stone or a jaguar, . . . . the idol is
|
||||
unimportant. The fact remains our Constitution says you
|
||||
have that RIGHT! And further you have the right to exercise
|
||||
|
||||
your religious belief freely.
|
||||
Your friends may not agree with you or your belief and
|
||||
I may not agree with you. Even government may also disagree
|
||||
with that belief. Yet they cannot interfere with your
|
||||
doctrine or the free exercise thereof. First Amendment
|
||||
guarantees that. There are no changes further on in our
|
||||
Constitution to say they can obstruct your belief. This is
|
||||
why they want you to believe there is a guarantee of
|
||||
separation of church and state.
|
||||
Going back to our opening illustration, the right to
|
||||
establish and practice a religious belief was violated.
|
||||
Also the right to freedom of speech and of the people to
|
||||
peacefully assemble. All First Amendment guarantees.
|
||||
How do they get away with it? Because they feel power
|
||||
and might makes right! And we are fast becoming illiterate
|
||||
and ignorant concerning our Constitution. At the same time
|
||||
we are becoming a nation of wimps. It's becoming apparent
|
||||
as we look around there are no real men anymore. No one has
|
||||
enough starch in their backbones to tell these people enough
|
||||
is enough. What has happened to the "land of the free and
|
||||
the home of the brave?"
|
||||
These people are seizing and assuming powers which we
|
||||
did not grant to government at any level. Can you imagine
|
||||
this happening in this country let's say 200 or even 100
|
||||
years ago? People would have been up in arms. And rightly
|
||||
so.
|
||||
A quote from an encyclopedia might shed some light on
|
||||
what our government has in mind for the United States . . .
|
||||
"In Russia, education is a state monopoly. No
|
||||
religious schools (apart from a few seminaries for the
|
||||
special purpose of training priests) or private schools of
|
||||
any kind are permitted to exist. (And we've seen what is
|
||||
going on there. They have people who don't know how to wind
|
||||
a watch.)
|
||||
Teaching in the schools must emphasize scientific
|
||||
materialism and exclude any consideration of the super-
|
||||
natural." (Encyclopedia Americana) God is a no-no!
|
||||
If you have a chance to see the original or true copy
|
||||
of our Constitution, you will see WE THE PEOPLE on the first
|
||||
line of the Preamble. We agreed to and established the
|
||||
Constitution giving permission and authority for our
|
||||
government.
|
||||
This is a fixed and immutable document changeable only
|
||||
by the ones who gave the authority for government . . . WE
|
||||
THE PEOPLE. (Art V) There is nothing in the document which
|
||||
gives the right to anyone in government to enlarge their
|
||||
sphere of power or authority.
|
||||
By our permission, they were given authority and
|
||||
jurisdiction to govern. When they exceed granted powers,
|
||||
they are breaking the law and violating the trust we imposed
|
||||
in them. By such an act their jurisdiction ceases. Alex-
|
||||
ander Hamilton pointed out in the Federalist Papers (No. 78)
|
||||
that 'No legislative act, therefore, contrary to the Consti-
|
||||
tution can be valid.'
|
||||
Let's take a look at how the federales are observing
|
||||
this guaranteed right to free exercise of our religious
|
||||
beliefs. Would it surprise you to hear that they don't
|
||||
believe we have it?
|
||||
The Internal Revenue Service, part of the executive
|
||||
branch, have regulations which have a direct or implied
|
||||
consent of the Congress. They can decide if a church
|
||||
doesn't conform to what they term is a conventional
|
||||
religious belief. By a simple letter they can then say you
|
||||
are not a church and take away your tax exempt status.
|
||||
Further restrictive clauses mentioned in the preamble
|
||||
to the Bill of Rights has a hollow ring. I'll have to admit
|
||||
it really generates confidence in our government, doesn't
|
||||
it?
|
||||
Looking a little further in our Bill of Rights, two
|
||||
more amendments will make our point. The Ninth and Tenth
|
||||
are clear to anyone that no power or authority not expressly
|
||||
granted can be seized. These were included just in case
|
||||
someone in government decided our Constitution and Bill of
|
||||
Rights didn't mean what they say. Let's see what they say
|
||||
and you will understand why governments really wish they
|
||||
didn't exist.
|
||||
|
||||
Article IX
|
||||
The enumeration in the Constitution, of certain
|
||||
rights, shall not be construed to deny or
|
||||
disparage others retained by the people.
|
||||
Article X
|
||||
The powers not delegated to the United States
|
||||
by the Constitution, nor prohibited by it to the
|
||||
States, are reserved to the States respectively or
|
||||
to the people.
|
||||
|
||||
Not difficult to understand, are they? Then why were
|
||||
the people arrested or the church and school closed? We
|
||||
have to reassert ourselves and assume the power of directing
|
||||
our governments to their intended roles. We have elected
|
||||
people to Congress who break the law by violating constitu-
|
||||
tional restrictions and the oath they took to support the
|
||||
document. Throw them out of office! Drastic? Not at all.
|
||||
Look at what they are doing to us. Those appointed deserve
|
||||
to have civil suits filed in federal courts for violation of
|
||||
our constitutional rights.
|
||||
Relying on Supreme Court decisions as a guide to filing
|
||||
suits in court is normally a false hope. First, the Supreme
|
||||
Court has NO authority under our form of government to make
|
||||
law. Their decisions are just that . . . decisions . . .
|
||||
only opinions! The basis for federal suits are the
|
||||
Constitution and what our Founding Fathers determined and
|
||||
established for our new government.
|
||||
Nevertheless, there are many older decisions which do
|
||||
substantiate our stand. Intensive research will find those.
|
||||
By staying strictly within constitutional authority, they
|
||||
have no where to turn to disagree or argue against.
|
||||
|
||||
Petitions for Redress of Grievances can be effective.
|
||||
Send them to all members of Congress together with anyone
|
||||
else in the bureaucracy with a suggestion of power. This is
|
||||
First Amendment right. Send any Petitions for Redress of
|
||||
Grievances via certified mail. It wouldn't be the first
|
||||
time bureaucrats have 'lost' mail when they haven't had to
|
||||
sign for it. Phone calls and letters to members of Congress
|
||||
are a must. Ask questions about assuming powers we did not
|
||||
confer . . . about the oath they have taken to support the
|
||||
document etc.
|
||||
Before someone takes me to task for the statement that
|
||||
the Founding Fathers were Christians, let me point out the
|
||||
last page of the Constitution. When the delegates affixed
|
||||
their signatures before it was sent to the Congress for its
|
||||
submission to the states we find:
|
||||
"DONE in Convention, by the Unanimous Consent of
|
||||
the States present the Seventeenth Day of
|
||||
September in the Year of Our Lord one thousand
|
||||
seven hundred and Eighty seven . . . ."
|
||||
The opening illustration was not hypothetical.
|
||||
Incidents like this are occurring with frightening regular-
|
||||
ity. Media reports show there are over 6000 cases now
|
||||
pending between religious organizations and the federal
|
||||
government.
|
||||
To allow these people to destroy our country and form
|
||||
of government, all good people need to do is nothing! What
|
||||
will you tell your posterity? How will you justify it? Or
|
||||
is it simply that you don't want to become involved . . .
|
||||
let your children or grandchildren worry about it them-
|
||||
selves?
|
||||
There is a point where the exercise of their power
|
||||
stops . . that's when we stand firm and say don't cross this
|
||||
line.
|
||||
Young minds are fertile ground. The state wants
|
||||
control of education to mold these minds to their view.
|
||||
They WANT robots. Let's deny them the power.
|
||||
|
||||
|
||||
PLEASE SUPPORT SHAREWARE BY REGISTERING WITH THE AUTHOR.
|
||||
2200
textfiles.com/politics/cia-doc.txt
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2200
textfiles.com/politics/cia-doc.txt
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76
textfiles.com/politics/cia.txt
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76
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@@ -0,0 +1,76 @@
|
||||
***NOTE: EXTRACTED FROM THE ACADEMIC AMERICAN
|
||||
ENCYCLOPEDIA***
|
||||
|
||||
TITLE(s): Central Intelligence Agency
|
||||
The Central Intelligence Agency of the United States (CIA) is one of
|
||||
several organizations responsible for gathering and evaluating foreign
|
||||
intelligence information vital to the security of the United States.
|
||||
|
||||
It is also charged with coordinating the work of other agencies in the
|
||||
intelligence community--including the NATIONAL SECURITY AGENCY and the
|
||||
Defense Intelligence Agency. It was established by the National Security Act
|
||||
of 1947, replacing the wartime Office of Strategic Services. Its first
|
||||
director was Adm. Roscoe Hillenkoetter.
|
||||
|
||||
The CIA's specific tasks include: advising the president and the NATIONAL
|
||||
SECURITY COUNCIL on international developments; conducting research in
|
||||
political, economic, scientific, technical, military, and other fields;
|
||||
carrying on counterintelligence activities outside the United States;
|
||||
monitoring foreign radio and television broadcasts; and engaging in more
|
||||
direct forms of ESPIONAGE and INTELLIGENCE OPERATIONS.
|
||||
|
||||
Throughout its history the CIA has seldom been free from controversy. In
|
||||
the 1950s, at the height of the cold war and under the direction of Allen
|
||||
Welsh DULLES, its activities expanded to include many undercover operations.
|
||||
It subsidized political leaders in other countries; secretly recruited the
|
||||
services of trade-union, church, and youth leaders, along with
|
||||
businesspeople, journalists, academics, and even underworld leaders; set up
|
||||
radio stations and news services; and financed cultural organizations and
|
||||
journals.
|
||||
|
||||
After the failure of the CIA-sponsored BAY OF PIGS INVASION of Cuba in
|
||||
1961, the agency was reorganized. In the mid-1970s a Senate Select Committee
|
||||
and a Presidential Commission headed by Nelson Rockefeller investigated
|
||||
charges of illegal CIA activities. Among other things, they found that the
|
||||
CIA had tried to assassinate several foreign leaders, including Fidel CASTRO
|
||||
of Cuba. It had tried to prevent Salvador ALLENDE from winning the 1970
|
||||
elections in Chile and afterward had worked to topple him from power.
|
||||
|
||||
Between 1950 and 1973 the CIA had also carried on extensive mind-control
|
||||
experiments at universities, prisons, and hospitals. In 1977, President
|
||||
Jimmy Carter directed that tighter restrictions be placed on CIA clandestine
|
||||
operations. Controls were later also placed on the use of intrusive
|
||||
surveillance methods, such as wiretapping and opening of mail, against U.S.
|
||||
citizens and resident aliens.
|
||||
|
||||
Late in the 1970s, however, fears arose that restraints on the CIA had
|
||||
undermined national security. The agency's failure to foresee the revolution
|
||||
in Iran (1979) gave new impetus to efforts at revitalization. President
|
||||
Ronald Reagan and his CIA director, William J. CASEY, loosened many of the
|
||||
restrictions, but such activities as the mining of Nicaraguan harbors in 1984
|
||||
as part of the covert campaign in support of the Contra rebels and the
|
||||
still-unclear role of the CIA in the IRAN-CONTRA AFFAIR focused renewed
|
||||
public attention on the agency.
|
||||
|
||||
Following Casey's death in 1987, Reagan appointed William WEBSTER, then
|
||||
director of the Federal Bureau of Investigation, to be Director of Central
|
||||
Intelligence. His reputation for integrity helped to restore the agency's
|
||||
image, but alleged intelligence failures during the PERSIAN GULF WAR (1991)
|
||||
tarnished the record of his tenure. He was succeeded in 1991 by Robert M.
|
||||
GATES.
|
||||
|
||||
Bibliography: Ameringer, C. D., Foreign Intelligence: The Secret Side of
|
||||
American History (1990); Breckinridge, S. A., The CIA and the U. S.
|
||||
Intelligence System (1986); Colby, William, and Forbath, Peter, Honorable
|
||||
Men: My Life in the CIA (1978); Jeffreys-Jones, Rhodri, The CIA and
|
||||
American Democracy (1989); Karalekas, Anne, History of the Central
|
||||
Intelligence Agency (1977); Leary, W. M., ed., The Central Intelligence
|
||||
Agency (1984); Lefever, Ernest W., and Godson, Roy, The CIA and the
|
||||
American Ethic: An Unfinished Debate (1980); McGarvey, Patrick, CIA: The
|
||||
Myth and the Madness (1972); Marchetti, Victor, and Marks, John D., The CIA
|
||||
and the Cult of Intelligence (1975); Ranelagh, John, The Agency: The Rise
|
||||
and Decline of the CIA (1986); Ransom, Harry H., The Intelligence
|
||||
Establishment (1970); Snepp, Frank, Decent Interval (1977);
|
||||
Turner, Stansfield, Secrecy and Democracy: The CIA in Transition (1985);
|
||||
Woodward, Bob, Veil: The Secret Wars of the CIA, 1981-1987 (1988).
|
||||
|
||||
350
textfiles.com/politics/circumnv.txt
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350
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@@ -0,0 +1,350 @@
|
||||
|
||||
_________________________________________________________________
|
||||
|
||||
|
||||
W I N N I N G B Y C I R C U M N A V I G A T I O N:
|
||||
|
||||
Milwaukee's clinic defenders find legal recourse
|
||||
on a detour around the District Attorney
|
||||
|
||||
Copyright 1993, 1994 by Muriel Hogan
|
||||
|
||||
_________________________________________________________________
|
||||
|
||||
|
||||
As the Milwaukee Clinic Protection Coalition (MCPC) steeled itself
|
||||
for a second Wisconsin winter on the street, members celebrated
|
||||
the anniversary of the permanent injunction signed December 10,
|
||||
1992 by Circuit Court Judge Jeffrey Wagner. The injunction
|
||||
limits certain kinds of protest activity outside Milwaukee's
|
||||
abortion clinics. Clinic escorts and defenders, dreading their
|
||||
winter vigil, are nonetheless cheered by indications that the
|
||||
fundamentalist Christian onslaught is diminishing at last.
|
||||
|
||||
Once-huge crowds of "Antis" have dwindled to a handful on
|
||||
weekdays and 20 or 30 on Saturdays. At some clinics, there've
|
||||
been no protesters at all, a condition the defenders call "NFA."
|
||||
Away from the clinics, protest leaders can't recruit more that a
|
||||
few hundred people to come to their public events. By contrast,
|
||||
LifeChain, an annual pro-life demonstration in Milwaukee,
|
||||
attracted 8,000 people last fall. The Milwaukee Journal quoted
|
||||
one LifeChain participant who preferred to express his opinion
|
||||
"without threatening anyone, without breaking any laws."
|
||||
|
||||
|
||||
* Signs of decline
|
||||
|
||||
Programming on the Christian broadcast station WVCY also reflects
|
||||
the cooldown. At the height of Milwaukee's 1992 summer protests,
|
||||
WVCY-FM aired two hours a day of live reports and exhortations,
|
||||
while WVCY-TV showed 30 minutes a night of clinic protest
|
||||
footage, often followed by an hour-long call-in show on the
|
||||
subject. In 1993, most abortion-related programs were nostalgic
|
||||
reruns of the Antis' 1992 glory days.
|
||||
|
||||
WVCY's anti-abortion radio show, "Building the Foundations" has
|
||||
cut back from 30 minutes to 15, inspiring its MCPC listeners to
|
||||
call it "The Quarter-Hour of Power." Other WVCY shows have
|
||||
switched to safer topics: school prayer, satanism in popular
|
||||
music, and the dangers of troll dolls. Today, WVCY often ignores
|
||||
news about abortion protesters who are facing fines and jail
|
||||
terms under the permanent injunction.
|
||||
|
||||
|
||||
* Attendance down, violence up
|
||||
|
||||
|
||||
MCPC started in April, 1992, when anti-abortion activists
|
||||
announced their eight-week "Short-Term Mission to the Pre-Born."
|
||||
That summer, the Missionaries to the Preborn, Operation Rescue,
|
||||
and Youth for America (YOFAM) orchestrated large demonstrations
|
||||
and blockades. Missionary founders Rev. Joseph Foreman and Rev.
|
||||
Matthew Trewhella stated their intention to close every abortion
|
||||
clinic in Milwaukee. The Short-Term Mission resulted in over
|
||||
1,000 arrests and $1 million in law enforcement costs.
|
||||
|
||||
By contrast, 1993's summer protests were much smaller, with
|
||||
police costs of $112,000. But the Milwaukee Fire Department
|
||||
reported costs of $48,000 for the butyric acid attack on one
|
||||
clinic in August, and $99,000 for two September "car rescues" in
|
||||
which Antis chained themselves into junked automobiles to block
|
||||
clinic doors. Figures are unavailable for protest-related court
|
||||
costs and for the amount of protesters' unpaid fines.
|
||||
|
||||
As the Antis' desperation has increased, so has their violence.
|
||||
Since Dr. David Gunn's assassination last March, Milwaukee's
|
||||
doctors have been the target of home blockades, stalking, and
|
||||
death threats. One clinic has had bullets fired through its
|
||||
windows four times in 1993.
|
||||
|
||||
|
||||
* How the defenders attack
|
||||
|
||||
On the street, MCPC's strategy is purely defensive, protecting
|
||||
patients and holding clinic doors to prevent blockades.
|
||||
Defenders practice the discipline of keeping their hands in their
|
||||
pockets and avoiding verbal exchanges with the Antis. But in
|
||||
court, the hands come out of the pockets. Using the permanent
|
||||
injunction, the Coalition has launched a full-tilt legal
|
||||
offensive against the Antis.
|
||||
|
||||
The injunction orders protesters to stay 25 feet away from each
|
||||
clinic and ten feet from each patient. Protesters must not
|
||||
impede patients, touch them, photograph them, or record their
|
||||
license plates. (See box.) If an Anti repeatedly breaks these
|
||||
rules, MCPC serves them with the injunction and starts collecting
|
||||
evidence of their violations.
|
||||
|
||||
|
||||
* The legal lioness
|
||||
|
||||
Attorney Joan Clark, one of MCPC's co-coordinators, has led the
|
||||
legal attacks like a mama lion: watchful, tenacious, and coolly
|
||||
aggressive. A self-described "housewife and mom," she plots
|
||||
strategies with other pro-choice attorneys including her husband
|
||||
Bill Guis, MCPC board members Katy Doyle and Katie Walsh, and
|
||||
Walsh's husband Steve Glenn. No doubt, the presence of so many
|
||||
female lawyers has inspired gland-shrivelling FemiNazi paranoia
|
||||
in many Antis.
|
||||
|
||||
Interviewed last week, Clark said MCPC began its legal work even
|
||||
before the Short-Term Mission. "By the time the first big crowds
|
||||
hit the streets," she said, "the Coalition had been successful in
|
||||
getting a preliminary injunction into place."
|
||||
|
||||
"That spring," Clark said, "Katie Walsh and Chris Korsmo (of
|
||||
NARAL) convinced the Powers That Be that there was going to be
|
||||
serious, serious trouble. And with no injunction, there'd be no
|
||||
mechanism to handle it."
|
||||
|
||||
The December permanent injunction, almost identical to the
|
||||
preliminary, solidified what Clark calls the "completely
|
||||
separate, parallel system of justice" that protects Milwaukee's
|
||||
five abortion clinics.
|
||||
|
||||
But even after the preliminary injunction was signed, its
|
||||
benefits were hard to see and difficult to enforce. "It didn't
|
||||
do us much tangible good until this year. But two significant
|
||||
things happened. First, fully half of the named defendents
|
||||
disappeared. In that respect, the injunction started helping
|
||||
right away. And second, it gave us a great morale boost."
|
||||
|
||||
|
||||
* A detour around what?
|
||||
|
||||
But why was this roundabout route necessary? "You get an
|
||||
injunction because there isn't an enforceable law on the books
|
||||
that will that will prevent certain things from taking place,"
|
||||
Clark explained. "There's a hole and you need to fill it up."
|
||||
|
||||
"We needed this injunction," she said, "because the Milwaukee
|
||||
District Attorney, E. Michael McCann, is anti-choice and would
|
||||
not charge people who were arrested day after day. The only way
|
||||
to stop this activity was to set up a completely separate system
|
||||
of justice," she said.
|
||||
|
||||
"People don't realize that the Missionaries had already been
|
||||
doing this for three years, long before the Short-Term Mission."
|
||||
Clark said. "Every single day at Summit, when a patient would
|
||||
approach, two people blocked the door. You call the cops, get
|
||||
the paddy, spend an hour getting rid of them. The woman would
|
||||
get in. And then when the next patient came -- two more people
|
||||
would sit down."
|
||||
|
||||
Clark said police officers have told her that "until the
|
||||
Coalition started, the DA wouldn't talk to police or clinic
|
||||
owners about anything, not even battery. Dr. Paul Seamars was
|
||||
physically restrained by one Anti while another took his picture,
|
||||
and the DA wouldn't do anything. It's a very, very, very
|
||||
dishonest policy."
|
||||
|
||||
"Anywhere else," said Clark, "if you receive ten municipal
|
||||
disorderly conduct tickets for the same activity within a
|
||||
relatively short period of time, you'll be charged with a crime,
|
||||
because these muni tickets are not deterring you."
|
||||
|
||||
"If we had had a District Attorney who'd do his job, the
|
||||
Missionaries wouldn't be here. Except for two weeks in Buffalo
|
||||
and four weeks in Wichita, we have the most chronic, terrible
|
||||
problem in the country," she said.
|
||||
|
||||
|
||||
* Have you been served?
|
||||
|
||||
You'll frequently find Clark in court, sitting at the prosecution
|
||||
table with counsel from the City Attorney or State Attorney
|
||||
General. "I'm there unofficially as an evidence gatherer. I'm
|
||||
more conversant with the facts than the city attorney, because
|
||||
usually I was there when the incident happened," Clark said. "A
|
||||
second function we serve is to tell the city when the people
|
||||
they're looking for show up at clinics."
|
||||
|
||||
Clark also serves injunctions for MCPC and keeps track of
|
||||
which Antis have been served. She described her informal rule:
|
||||
"We serve people whose names we know who violate the injunction.
|
||||
Because down the road, if they do something bad, we want to be
|
||||
able to bring a motion against them."
|
||||
|
||||
She's very sensitive to the free speech issues the injunction
|
||||
raises. "If you violate the injunction, the question is whether
|
||||
you're acting in concert with a named defendant, and / or whether
|
||||
we care," she said.
|
||||
|
||||
"Take the Concrete Christian," she said, referring to a protester
|
||||
who always stands motionless and silent. "He violates the
|
||||
injunction every day, but I couldn't care less. I consider that
|
||||
First Amendment activity, and I would never go after him," Clark
|
||||
said. Although we might get a judge to say this guy is acting in
|
||||
concert, it would be dishonest, because he's not."
|
||||
|
||||
Clark urges people to come observe how "sidewalk counselling"
|
||||
works. "Watch for half an hour," she said. "You'll see: it's
|
||||
not someone expressing a view. It's very aggressive, very
|
||||
physical -- and it's designed to scare the hell out of somebody
|
||||
who's seeking medical attention."
|
||||
|
||||
* Crime and punishment
|
||||
|
||||
So far, MCPC's biggest catch is Brian Longworth, convicted in
|
||||
November of criminal contempt and sentenced to two years for
|
||||
twice blockading clinic doors. Longworth first attracted MCPC's
|
||||
attention by leading "kiddie-hits," blockades that result in
|
||||
dozens of arrests of children as young as eight years old.
|
||||
"Longworth is definitely the worst," said Clark. "Longworth is
|
||||
big because he's the leader of Youth for America, he felt he was
|
||||
untouchable, and his name was not on the injunction."
|
||||
|
||||
Clark stressed the importance of prosecuting defendants whose
|
||||
names are not on the injunction: "The Antis tell everybody the
|
||||
injunction's just a piece of paper. If your name isn't on there,
|
||||
it doesn't apply to you. But this Longworth thing hit everybody
|
||||
right in the face. All of a sudden, they can't deny it any
|
||||
more," she said.
|
||||
|
||||
Another un-named defendant, Rev. Joseph Foreman, was found in civil
|
||||
contempt November 29. Foreman's a national figure among anti-
|
||||
abortion activists, a former field operations director for
|
||||
Operation Rescue. Since moving to Milwaukee in 1992, he's become
|
||||
the most prominent leader on the local scene. Oddly, neither
|
||||
WVCY nor the Missionaries to the Preborn has mentioned Foreman's
|
||||
conviction.
|
||||
|
||||
At his trial, Foreman complained that he felt singled out for
|
||||
selective prosecution, and urged the city to first pursue
|
||||
defendants who were named on the injunction. Joan Clark
|
||||
dismissed Foreman's assertion, saying, "Joe knows why he's being
|
||||
picked. A prosecutor with limited resources will go after the
|
||||
people who are the most troublesome."
|
||||
|
||||
Altogether, six Antis have been found in criminal contempt and 27
|
||||
in civil contempt. More than half of these people have come to
|
||||
Milwaukee from other states to participate in protests here.
|
||||
|
||||
A person found in civil contempt must forfeit $500, or swear to
|
||||
obey the injunction, or serve 20 days. For a second violation,
|
||||
penalties double. A third violation can become criminal
|
||||
contempt, carrying $5,000 or a year in jail. The Milwaukee City
|
||||
Attorney's office and the State Attorney General are continuing
|
||||
to bring contempt motions against Antis who violate the
|
||||
injunction.
|
||||
|
||||
|
||||
* Approaching the endgame
|
||||
|
||||
The permanent injunction, like many legal matters, has taken
|
||||
effect with an almost geological slowness over the past year.
|
||||
Now Clark and the Coalition can sense its increasing speed and
|
||||
effectiveness. "This is absolutely going to mop up the problem,"
|
||||
she said. "Things will pop up now and again, but most Antis will
|
||||
drop out after their first convictions. They're desperate! Why
|
||||
are they talking about Waco, Texas all the time, and Halloween?
|
||||
They can't even talk about this issue on the radio any more!"
|
||||
|
||||
At the clinics, defenders feel that the remaining protesters have
|
||||
become more frantic. As their legal woes multiply, previously
|
||||
mild-mannered Antis have spun out of control. In recent weeks,
|
||||
police have arrested middle-aged Christian homeowners for
|
||||
kicking, slapping, and spitting at clinic defenders and escorts.
|
||||
|
||||
With spring, MCPC hopes that the Freedom of Access to Clinic
|
||||
Entrances (FACE) bill will solve the Anti problem for clinics
|
||||
nationwide. FACE has passed both houses of Congress, but must
|
||||
clear a conference committee before President Clinton can sign
|
||||
it. Among hard-core protesters, a common practice is to blockade
|
||||
in one city until the penalties become too severe, then move to
|
||||
another city. Brian Longworth, for example, collected 16
|
||||
convictions in Georgia and California before he came to
|
||||
Wisconsin. The new federal law will stop these itinerant
|
||||
protestors much more effectively.
|
||||
|
||||
FACE may make the local issue moot, but the pro-choice community
|
||||
won't forget how their District Attorney made Milwaukee taxpayers
|
||||
underwrite his personal religious beliefs. And dollars don't
|
||||
cover the damage to patients' privacy and peace of mind. One
|
||||
clinic escort said, "I wish I'd counted the tears. Every time
|
||||
the Antis make a woman cry, I think of how the DA should make
|
||||
reparations for all those tears."
|
||||
|
||||
Clark said that one defender, Mike Salick, has found the perfect
|
||||
analogy for MCPC's long struggle. "It's like a town in the Old
|
||||
West," she said, "where the bad guys are preying on the
|
||||
townspeople. And for some reason, the sheriff won't do anything.
|
||||
Finally the townspeople say 'OK, we've had enough!' And they
|
||||
rise up and they drive the bad guys out of town. That's just
|
||||
what we've done!"
|
||||
|
||||
_________________________________________________________________
|
||||
|
||||
* Clip and save!
|
||||
|
||||
How to Exercise Your First Amendment Rights
|
||||
Without Getting Arrested:
|
||||
|
||||
A Handy Wallet Card for the Pro-Life Activist
|
||||
|
||||
|
||||
1. Do not come any closer than 25 feet to any abortion clinic's
|
||||
doorway, parking lot, or driveway.
|
||||
|
||||
2. Do not come any closer than 10 feet to any person entering or
|
||||
leaving the clinic.
|
||||
|
||||
3. Do not physically abuse, grab, touch, push, shove, or crowd
|
||||
any person entering or leaving the clinic.
|
||||
|
||||
4. Do not photograph any person entering or leaving the clinic,
|
||||
and do not record their car's license number.
|
||||
|
||||
5. Clinic defenders focus their legal offensive on certain kinds
|
||||
of protesters, those who:
|
||||
|
||||
- Blockade clinic entrances.
|
||||
|
||||
- Threaten or scare patients, doctors, or clinic staff.
|
||||
|
||||
- Make physical contact with patients or defenders.
|
||||
|
||||
- Lose their tempers, or are verbally abusive.
|
||||
|
||||
You can speak, pray, sing, hold a sign, and counsel anyone who
|
||||
voluntarily approaches you. People who follow these guidelines
|
||||
have nothing to worry about.
|
||||
|
||||
_________________________________________________________________
|
||||
|
||||
This article has appeared in:
|
||||
|
||||
The Shepherd Express, Milwaukee, WI, December, 1993.
|
||||
The Sojourner, Boston, MA, January, 1994, in a condensed version.
|
||||
Off Our Backs, Washington, DC, February, 1994.
|
||||
_________________________________________________________________
|
||||
|
||||
Copyright 1993, 1994 by Muriel Hogan
|
||||
|
||||
Anyone may duplicate or distribute this article on BBSs, nets,
|
||||
and echos. No one may reproduce this article in hardcopy for
|
||||
sale or free distribution without my prior written permission.
|
||||
For print permission, please contact me via Fido netmail.
|
||||
|
||||
_________________________________________________________________
|
||||
|
||||
124
textfiles.com/politics/citveto.txt
Normal file
124
textfiles.com/politics/citveto.txt
Normal file
@@ -0,0 +1,124 @@
|
||||
THE CITIZEN'S LINE ITEM VETO PROPOSITION
|
||||
|
||||
"If voting could change anything, it would be illegal." -- Karl
|
||||
Hess
|
||||
|
||||
"If a law is disliked by as many as one-third is it not likely
|
||||
that you would be better off without it?" -- The Moon is a Harsh
|
||||
Mistress, Robert A. Heinlein
|
||||
|
||||
Here's a proposition that, if passed, would convince me to
|
||||
abandon two decades of abstinence from the political process,
|
||||
register to vote, and vote early and often -- too often, I think,
|
||||
for this proposition to stand any chance of being enacted, for it
|
||||
would actually place real power in the hands of the average voter
|
||||
in a way that the established Powers That Be would not permit.
|
||||
|
||||
You are free to try proving me wrong by attempting to get it
|
||||
passed: I assure you it will not be enacted into law without
|
||||
being watered down so much as to be meaningless. But I offer it
|
||||
as an exercise for the politically active, to demonstrate to them
|
||||
the contempt in which the electorate is held by elected and
|
||||
appointed officials, and how any real attempt to enfranchise
|
||||
power in the hands of the people will be resisted tooth and nail.
|
||||
|
||||
California has in place a method of amending the state
|
||||
constitution through voters' initiatives called propositions.
|
||||
Very well -- California is as good a place as any to test any
|
||||
whacky new idea. If successful here, it will be imitated in
|
||||
other states, and perhaps even federally. Therefore, herewith
|
||||
proposed to be placed before the voters of the State of
|
||||
California is
|
||||
|
||||
|
||||
*****
|
||||
|
||||
THE CITIZEN'S LINE ITEM VETO PROPOSITION
|
||||
|
||||
Summary: The State of California shall establish a statewide
|
||||
voicemail telephone system whereby voters may exercise a line-
|
||||
item veto over all legislation signed by the governor. A one-
|
||||
third vote in favor of vetoing a line item shall prevent it from
|
||||
becoming law, with no override available.
|
||||
|
||||
The proposition:
|
||||
|
||||
Within one year of the passage of this proposition:
|
||||
|
||||
I. A. The State of California shall register any California voter
|
||||
who wishes to enroll for Citizen's Line Item Veto participation.
|
||||
Such enrollment shall identify these voters in a manner not
|
||||
invasive to their personal privacy, but with a level of security
|
||||
equivalent to that used by the commercial banking industry for
|
||||
telephone banking transactions.
|
||||
|
||||
B. The State of California shall establish a state-wide voice-
|
||||
mail telephone system, operated by touch-tone telephones using an
|
||||
(800) area code telephone number or other free-to-caller area
|
||||
code. All California voters enrolled for Citizen's Line Item
|
||||
Veto participation shall be entitled to vote on this system.
|
||||
|
||||
C. Each line item in all legislation signed by the governor the
|
||||
previous week shall be placed before the enrolled voters on this
|
||||
voice mail system. Each voter on the system shall be given one
|
||||
vote per line item of legislation signed by the governor, YES or
|
||||
NO.
|
||||
|
||||
D. A count shall be made each week of all votes on each line-
|
||||
item. If a line-item gains one-third or more NO votes, it shall
|
||||
fail to have been passed into law, and no appeal to any
|
||||
legislative, executive, or judicial authority may override this
|
||||
veto.
|
||||
|
||||
II. The State of California shall provide a weekly line-item
|
||||
summary of all legislation which has been signed into law by the
|
||||
governor the previous week. Such summary shall be in a form
|
||||
understandable to any resident of the State of California with a
|
||||
high school diploma issued by a California public school, and
|
||||
shall be made publicly available.
|
||||
|
||||
III. To compensate voters in the Line Item Veto for the time and
|
||||
effort of reading the legislation and registering their vote, all
|
||||
voters enrolled in the Line Item Veto who vote on the system at
|
||||
least eight times per year shall be exempt at point of sale on
|
||||
all purchases from the California Sales Tax for the next year.
|
||||
|
||||
IV. No line-item vetoed by the voters of the Line Item Veto may
|
||||
be reintroduced into legislation for a period of three years.
|
||||
|
||||
V. No tax or other method of public funding, including all usage
|
||||
fees, shall pass into effect without being subject to the
|
||||
Citizen's Line Item Veto, nor shall any tax or other method of
|
||||
funding, including all usage fees, remain in effect two years
|
||||
from the passage of this proposition unless it is placed before
|
||||
the enrolled voters of the Citizen's Line Item Veto.
|
||||
|
||||
|
||||
*****
|
||||
|
||||
|
||||
--J. Neil Schulman
|
||||
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
|
||||
Another file downloaded from: NIRVANAnet(tm)
|
||||
|
||||
& the Temple of the Screaming Electron Jeff Hunter 510-935-5845
|
||||
Salted Slug Systems Strange 408-454-9368
|
||||
Burn This Flag Zardoz 408-363-9766
|
||||
realitycheck Poindexter Fortran 415-567-7043
|
||||
Lies Unlimited Mick Freen 415-583-4102
|
||||
Tomorrow's 0rder of Magnitude Finger_Man 408-961-9315
|
||||
My Dog Bit Jesus Suzanne D'Fault 510-658-8078
|
||||
|
||||
Specializing in conversations, obscure information, high explosives,
|
||||
arcane knowledge, political extremism, diversive sexuality,
|
||||
insane speculation, and wild rumours. ALL-TEXT BBS SYSTEMS.
|
||||
|
||||
Full access for first-time callers. We don't want to know who you are,
|
||||
where you live, or what your phone number is. We are not Big Brother.
|
||||
|
||||
"Raw Data for Raw Nerves"
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
402
textfiles.com/politics/citzndef.txt
Normal file
402
textfiles.com/politics/citzndef.txt
Normal file
@@ -0,0 +1,402 @@
|
||||
Newsgroups: misc.legal
|
||||
From: jim@irvine.com (James)
|
||||
Subject: SSNs, taxes, legal jurisdictions, and citizenship
|
||||
Organization: Irvine Compiler Corp., Irvine, California, USA
|
||||
Date: Sat, 16 Jan 1993 02:03:16 GMT
|
||||
Message-ID: <C0xCDH.n2K@irvine.com>
|
||||
Lines: 394
|
||||
|
||||
I've come across claims that there is another class of citizenship in
|
||||
these United States, and that members of that class do not have to
|
||||
file taxes and hence do not have to obtain a Social Security Number
|
||||
for any reason.
|
||||
|
||||
I would very much like to obtain informed opinions and citings from
|
||||
legal decisions in support for or against, as I don't yet have all the
|
||||
facts.
|
||||
|
||||
To kick off the discussion, I'll offer what I've learned so far. But,
|
||||
please: I'm primarily interested in the legal aspects. Discussing the
|
||||
philosophical or social implications would be fun, but only as asides
|
||||
to the legal aspects. Also, I'm not especially interested in the
|
||||
tax consequences so much as I'm interested in the overall issue of
|
||||
individual Sovereignty and the loss thereof.
|
||||
|
||||
* * *
|
||||
|
||||
0. The Issue
|
||||
|
||||
With respect to US citizenship and SSNs, there are two claims made:
|
||||
1) that US citizens are required to file taxes and the IRS requires
|
||||
taxpayers to obtain an SSN; and 2) that there is another class of
|
||||
citizenship whose members do not have to file taxes and are not
|
||||
subject to most federal regulations.
|
||||
|
||||
The first claim is undeniably true. US citizens must definitely file
|
||||
taxes and the IRS definitely requires taxpayers to obtain SSNs.
|
||||
|
||||
A summary of the argument for the second claim follows. I am trying
|
||||
to track down all supporting information---court decisions in
|
||||
particular---to determine its veracity.
|
||||
|
||||
Where I've wished to add supporting evidence or personal interjections,
|
||||
I've placed references in square brackets [] to a Notes section.
|
||||
|
||||
|
||||
1. The Argument In Favor of Claim 2
|
||||
|
||||
1.1. Classes of Citizenship
|
||||
|
||||
There are two distinct and separate classes of citizenship: 1) State
|
||||
Citizenship, which has existed since before and after the Union was
|
||||
formed; and 2) US citizenship, which has existed only since the 14th
|
||||
Amendment (which actually created the class of US citizenship).
|
||||
|
||||
By Common Law birthright everyone who is born in a State is a
|
||||
Sovereign Citizen of the State in which they were born.
|
||||
|
||||
|
||||
1.2. Common Law
|
||||
|
||||
Common Law is the basis of the U.S. Constitution and the various State
|
||||
constitutions. Common Law derives from English law, and is largely
|
||||
uncodified. Common Law is approached as axiomatic, and provides that
|
||||
persons have inalienable (or "natural") rights that cannot be taken
|
||||
away by governmental entities. [1]
|
||||
|
||||
|
||||
1.3. The Nature of Sovereignty
|
||||
|
||||
The term Sovereign has very special meaning in law. It is from Common
|
||||
Law and derives from the body of law applicable to Kings (Sovereigns).
|
||||
A Sovereign is not necessarily subject to any higher authority.
|
||||
However, if one is not a Sovereign then one is subject to some higher
|
||||
authority.
|
||||
|
||||
There are three classes of Sovereigns in the United States: "We The
|
||||
People", the State Governments, and the Federal Government. Hence, a
|
||||
State Citizen is a Sovereign.
|
||||
|
||||
Each Sovereign State Citizen, with respect to every other Sovereign
|
||||
State Citizen, is a Sovereign. Each State, with respect to every
|
||||
other State, is a Sovereign. The United States of America ("the US"),
|
||||
as a country, is a Sovereign with respect to every other country in
|
||||
the world.
|
||||
|
||||
The Sovereign "We The People" created the States. The States are
|
||||
subject to the Sovereign We The People that created them. The
|
||||
Sovereign States created the US. The US is subject to the Sovereign
|
||||
States that created it.
|
||||
|
||||
|
||||
1.4. Classes of Constitutions
|
||||
|
||||
Each State has two constitutions: 1) an original Common Law
|
||||
constitution with which the State, as a Sovereign Country whose form
|
||||
of government was required to be a Republic (not quite the same thing
|
||||
as a Democracy), entered into the Union; and 2) a Corporate
|
||||
constitution created sometime after the State entered into the Union
|
||||
and had incorporated.
|
||||
|
||||
California, for example, has two Constitutions: the original Common
|
||||
Law constitution of 1849, and the statutory law ("Corporate")
|
||||
constitution of 1879. Both constitutions are still in effect. The
|
||||
Corporate constitution cites the original Common Law constitution and
|
||||
is a substitute for it. The term substitute has special meaning in
|
||||
law. It does not mean "to replace" or "to supersede". [2]
|
||||
|
||||
The State Constitutions and the Federal Constitution are documents
|
||||
specifically creating and delineating the powers and restrictions of
|
||||
the created government. All other powers are to remain with the
|
||||
People and all powers granted to the government are from the People.
|
||||
|
||||
The Constitutions give a Sovereign Citizen no rights whatsoever,
|
||||
because a Sovereign Citizen already possessed all rights possible:
|
||||
the Citizen was and is the ultimate Sovereign in this country.
|
||||
The Constitutions simply acknowledge and state the preexistence of
|
||||
these "inalienable rights" and guarantee that the government will not
|
||||
in any way infringe or take away these rights.
|
||||
|
||||
Among other things, the various Constitutions state that any
|
||||
government shall not infringe on the right of individuals to enter
|
||||
into contracts.
|
||||
|
||||
|
||||
1.5. The Nature of the District of Columbia
|
||||
|
||||
Each State in the Union is a separate Country. This is stated by US
|
||||
Supreme Court Cases and Congressional Record, most recently in 1968.
|
||||
|
||||
Late in the 18th century, 13 separate countries agreed to form a Union
|
||||
and to create a 14th separate country called the District Of Columbia.
|
||||
The land for the Federal District of Columbia was taken from the
|
||||
country of Maryland. [3]
|
||||
|
||||
Washington D.C. and all States are separate countries with respect to
|
||||
each other. Therefore, any entity, whether a person or a corporation,
|
||||
while residing in another country, is a foreigner (an "alien").
|
||||
|
||||
The US Government (of the District of Columbia) is a foreign/alien
|
||||
corporation with respect to each State.
|
||||
|
||||
|
||||
1.6. Classes of Citizenship Revisited
|
||||
|
||||
Sovereign State Citizenship is a Common Law birthright. That status
|
||||
was not and is not created by the State or the United States; it is
|
||||
axiomatic.
|
||||
|
||||
US citizenship was created by the 14th amendment to the Constitution,
|
||||
hence US citizens are subject to the US government.
|
||||
|
||||
A Sovereign State Citizen (or briefly, a State Citizen) is not subject
|
||||
to the US government in the same way that a US citizen is. A State
|
||||
Citizen has the full protections of all of the restrictions on the US
|
||||
Government that the US constitution provides.
|
||||
|
||||
State Citizens are Citizens of exactly one State. The US Constitution
|
||||
guarantees that every State shall treat Citizens of every other State
|
||||
while within that State as if they were Citizens of their State.
|
||||
|
||||
US citizens are citizens only of the District Of Columbia. They are
|
||||
not State Citizens of the State in which they reside. They are
|
||||
technically Franchises of the Corporation called the US Government.
|
||||
|
||||
Any US citizen residing in one of the 50 states is considered to be a
|
||||
resident alien of that state, and not a Citizen of that state---and,
|
||||
as a special point in law, is "residing" in that State, as opposed to
|
||||
being "domiciled" there.
|
||||
|
||||
A State Citizen is subject to common law and the original state
|
||||
constitution. The Common Law constitution can be invoked in court by
|
||||
a State Citizen. The Corporate constitution does not apply to a State
|
||||
Citizen. [4]
|
||||
|
||||
The Corporate constitution of a State does apply to a resident/alien.
|
||||
All modifications to the original Common Law constitution contained
|
||||
in the Corporate constitution do apply to residents/aliens.
|
||||
|
||||
|
||||
1.7. The Nature of Income Taxes
|
||||
|
||||
Both the US Constitution and the State Constitutions do allow for
|
||||
excise taxes.
|
||||
|
||||
The 16th Amendment to the United States Constitution provides that
|
||||
Congress may impose taxes on income. [5]
|
||||
|
||||
The US Supreme Court has ruled that the income tax is an excise tax
|
||||
because it is a tax on the earnings of corporate franchises (i.e. US
|
||||
citizens) and hence is an excise tax. [6]
|
||||
|
||||
Because a US citizen is a Franchise of a foreign corporation with
|
||||
respect to the State, and is residing in the State, that citizen pays
|
||||
some income taxes to a special state entity. In California, that
|
||||
entity is the Franchise Tax Board and the tax is called the Resident
|
||||
Income Tax.
|
||||
|
||||
State Citizens are not subject to the Resident Income Tax since they
|
||||
are not residents of the State and are not aliens with respect to the
|
||||
State. [7]
|
||||
|
||||
State Citizens are not citizens of the District Of Columbia and therefore
|
||||
they are not subject to the District Of Columbia's income tax.
|
||||
|
||||
|
||||
1.8. The Nature of the Social Security Tax
|
||||
|
||||
Social Security was first implemented in 1935, originally not as a tax
|
||||
per se. The Social Security Act of 1935 was repealed in 1938 and
|
||||
reenacted as a direct tax on all US citizens. It is a direct tax
|
||||
because the Social Security Act of 1938 states that the revenues can
|
||||
be used for "any other purposes". [8]
|
||||
|
||||
The Social Security tax today is a direct tax called FICA, and the
|
||||
revenue collected from payees is directly given to recipients.
|
||||
However, the revenue is considered part of the general tax revenues
|
||||
(e.g. those collected from taxes on incomes and other sources),
|
||||
and can be spent in any way specified by Congress.
|
||||
|
||||
The courts have ruled that Social Security disbursements are "gifts"
|
||||
from the government. However, the US Government is free to do with
|
||||
the monies whatever it wishes.
|
||||
|
||||
Social Security taxes are not refundable.
|
||||
|
||||
Since State Citizens are not US citizens they are not subject to
|
||||
social security tax. The social security tax is voluntary.
|
||||
|
||||
|
||||
2. Notes.
|
||||
|
||||
[1] I wanted to compare Common Law and Statutory Law, but my
|
||||
understanding of the nature of Statutory Law needs improvement.
|
||||
|
||||
[2] Each Sovereign State after entering into the Union eventually
|
||||
incorporated. Each State has two flags: the Sovereign State flag
|
||||
and the Corporate State flag. The Corporate constitution is the
|
||||
constitution that is full of all of the Statutory "laws" that
|
||||
apply to its residents. Anything the Corporate State creates is
|
||||
subject to it. The US Government is also a Corporation.
|
||||
The US also has two flags: the Sovereign United States flag and
|
||||
the Federal Corporate flag which, with Gold fringe, is also a
|
||||
military or martial law flag.
|
||||
|
||||
[3] The District of Columbia cannot become a state, because the land
|
||||
belongs to Maryland.
|
||||
|
||||
[4] If one examines many of the "laws" on the books and the Corporate
|
||||
Constitution of a State one will find that they are carefully written
|
||||
so as not to apply to State Citizens. They are written to apply to all
|
||||
the residents/foreigners/aliens/corporations (aka "Persons", i.e.
|
||||
non-State Citizens) residing in the state. Of course, virtually
|
||||
everyone in every state is a resident alien ("Person") since they
|
||||
are all citizens of the US. (State Citizens are "Sovereigns,"
|
||||
and, under statutory law, not "Persons".)
|
||||
|
||||
[5] The tax laws, as written by the US Congress, are not actually Laws
|
||||
(with a capital L) at all but are codes (or contract laws).
|
||||
The laws most certainly are valid for US citizens. Persons who
|
||||
claim the tax laws are unconstitutional are also wrong:
|
||||
there are US Supreme Court cases stating in clear and certain terms
|
||||
that the "income tax" is actually an excise and hence is not
|
||||
unconstitutional. In addition there are US Supreme Court cases
|
||||
stating in clear and certain terms that the tax laws apply to US
|
||||
citizens even if they earn all of their income outside of the US
|
||||
with no direct or indirect economic involvement with US.
|
||||
The mere fact that one is a US citizen empowers the IRS to determine
|
||||
one's Federal income tax liability. The IRS usually forces
|
||||
US citizens to "voluntarily" determine that liability themselves.
|
||||
|
||||
[6] There are court rulings stating that the income tax as it now
|
||||
stands has nothing to do with---and never has had anything to do
|
||||
with---the 16th amendment.
|
||||
|
||||
[7] Do Citizens of Thailand (a foreign country) pay their taxes to the US
|
||||
Government? No. State Citizens are considered non-resident
|
||||
aliens with respect to the District of Columbia. There is an IRS
|
||||
form W-8, "non-resident alien declaration", that exempts one from
|
||||
the Federal Income tax. If one files a W-8, the IRS will
|
||||
eventually send one a letter stating that one is exempt from all
|
||||
Federal tax liability. I have yet to actually see such a letter though.
|
||||
|
||||
[8] Many persons today, especially older persons, still claim that the
|
||||
Social Security tax is not a direct tax and is like an account into
|
||||
which they have paid and from which they expect all of "their" invested
|
||||
money back plus some. But that is only as it was originally
|
||||
implemented and stated to the American People, and has not applied
|
||||
since 1938.
|
||||
|
||||
|
||||
3. Analysis
|
||||
|
||||
3.1. Questions of Status and Jurisdiction
|
||||
|
||||
The key legal issue seems to be one of Status. Is one's status under
|
||||
law Sovereign or Subject? Status is critical to any legal proceeding
|
||||
so that proper and legal jurisdiction can be determined. It is
|
||||
beginning to look like the outcome of any given case, whether argued
|
||||
before the US Supreme Court or some other court, is ultimately
|
||||
affected by Status and Jurisdiction. Another key legal issue which
|
||||
ultimately affects Status are the terms "domiciled in/living in" and
|
||||
"resides in/residing in". According to law a citizen of his own
|
||||
country is domiciled in or lives in his country. A foreigner/alien or
|
||||
diplomat while "living in" a country not his own resides in or is
|
||||
residing in that country.
|
||||
|
||||
The question then in court is which constitution one can invoke. The
|
||||
constitution that one can invoke is totally dependent upon one's
|
||||
Status.
|
||||
|
||||
|
||||
3.2. Contracts and Social Security
|
||||
|
||||
A State Citizen or US citizen is entering into a contract by obtaining
|
||||
a driver's license, a credit card, a bank account, a social security
|
||||
card, by filing income tax returns, etc. Once one is party to a
|
||||
contract the terms of that contract are in full effect and actually
|
||||
are law for the parties of the contract and fully enforcible to the
|
||||
full extent of the Law.
|
||||
|
||||
The governments and courts must make sure the terms of the contract
|
||||
are followed to the letter. This is what the Federal Government and
|
||||
State Governments are supposed to do and are doing with great effect.
|
||||
They enforce the terms of contracts voluntarily and non-fraudulently
|
||||
entered into by two or more parties.
|
||||
|
||||
A State Citizen, by obtaining a social security number, is signing a
|
||||
contract. The terms of a contract can constrain or supersede any of
|
||||
the rights the Sovereign previously held. And those terms are fully
|
||||
enforcible by the courts.
|
||||
|
||||
The social security contract binds the parties to the laws and
|
||||
statutes regarding social security.
|
||||
|
||||
The social security contract also makes one a US citizen and hence
|
||||
makes one subject to the 14th amendment and to any other laws that
|
||||
apply to US citizens. One is still a State Citizen, but all the
|
||||
Federal laws, income tax laws, social security laws, etc., constrain
|
||||
one's rights contractually.
|
||||
|
||||
|
||||
3.3. Rights of US citizens vs. Rights of State Citizens
|
||||
|
||||
All US citizens are subject to the US Government and have "civil
|
||||
rights," but have neither "inalienable" rights nor rights guaranteed
|
||||
by the Constitutions. The rights that US citizens hold are only those
|
||||
granted to them by the US Government.
|
||||
|
||||
Civil rights can be removed or changed at will by legislation. For
|
||||
example, US citizens were given the right to a trial by jury only in
|
||||
1968. Previously, US citizens might be given trials by jury but the
|
||||
guaranteed right to a jury trial did not exist for them. In contrast,
|
||||
State Citizens have had that right guaranteed by the State and US
|
||||
Constitutions since their existence.
|
||||
|
||||
A State Citizen has absolutely no need of civil rights. A State
|
||||
Citizen already holds all rights as inalienable.
|
||||
|
||||
No challenges regarding constitutionality may be mounted by
|
||||
aliens/foreigners and US citizens since they did not create the US
|
||||
constitution---instead they are created constructs of the US
|
||||
constitution. Sovereign State Citizens can challenge the
|
||||
constitutionality of laws, codes, or statutes. This is why US citizen
|
||||
tax-protesters get slam-dunked when they stand before the US Supreme
|
||||
Court (or the Tax Court for that matter) and claim that the income tax
|
||||
is unconstitutional. They are wrong twice: they cannot legally even
|
||||
present the challenge, and the income tax is an excise tax and is
|
||||
constitutional.
|
||||
|
||||
|
||||
4. Conclusions
|
||||
|
||||
Some individuals now claim to be State Citizens by virtue of having
|
||||
obtained letters from the states in which they are domiciled
|
||||
acknowledging their Citizenships in those States. Also, to deny
|
||||
Federal jurisdiction, these Citizens have attempted to break all
|
||||
contractual ties with the US Government, by returning their Social
|
||||
Security cards, by submitting IRS W-8 forms and by closing all
|
||||
financial accounts with members of the Federal Reserve System (credit
|
||||
cards, bank accounts, loans) etc. In addition, to deny Corporate
|
||||
State jurisdiction, these Citizens have returned their driver's
|
||||
licenses, vehicle registrations, and license plates.
|
||||
|
||||
These Citizens claim that Federal Statutory laws, statutes, codes,
|
||||
etc., and the state Corporate constitutions, do not apply to
|
||||
them---and have never applied to them---and also that none of the
|
||||
State Statutory laws, statutes, codes, etc., apply to them.
|
||||
|
||||
In traffic and tax cases, the state courts are upholding these claims
|
||||
so far, but not without a huge fight per individual case. I have yet
|
||||
to actually sit in on a case to see this happen, but I have read some
|
||||
of the decisions rendered on such cases. Most cases against State
|
||||
Citizens are eventually dismissed, because the courts appear not to
|
||||
want more legal precedents set.
|
||||
|
||||
The above is a summary of most of the support that I have found so far
|
||||
for claim 2. I have not verified all of this. This is what I am
|
||||
trying to do right now. So: does anyone have informed opinions about
|
||||
this matter? Can anyone point to solid legal work that secures or
|
||||
refutes the correctness of claim 2?
|
||||
|
||||
--James Zarbock
|
||||
483
textfiles.com/politics/civlib
Normal file
483
textfiles.com/politics/civlib
Normal file
@@ -0,0 +1,483 @@
|
||||
Civil Liberties in Cyberspace:
|
||||
When does hacking turn from an exercise
|
||||
of civil liberties into crime?
|
||||
|
||||
by Mitchell Kapor
|
||||
|
||||
published in Scientific American,
|
||||
September, 1991.
|
||||
|
||||
|
||||
On March 1, 1990, the U.S. Secret Service raided the offices of Steve
|
||||
Jackson, an entrepreneurial publisher in Austin, Tex. Carrying a
|
||||
search warrant, the authorities confiscated computer hardware and
|
||||
software, the drafts of his about-to-be-released book and many business
|
||||
records of his company, Steve Jackson Games. They also seized the
|
||||
electronic bulletin-board system used by the publisher to communicate
|
||||
with customers and writers, thereby seizing all the private electronic
|
||||
mail on the system.
|
||||
|
||||
|
||||
The Secret Service held some of the equipment and material for months,
|
||||
refusing to discuss their reasons for the raid. The publisher was forced
|
||||
to reconstruct his book from old manuscripts, to delay filling orders
|
||||
for it and to lay off half his staff. When the warrant application was
|
||||
finally unsealed months later, it confirmed that the publisher was
|
||||
never suspected of any crime.
|
||||
|
||||
|
||||
Steve Jackson's legal difficulties are symptomatic of a widespread
|
||||
problem. During the past several years, dozens of individuals have been
|
||||
the subject of similar searches and seizures. In any other context, this
|
||||
warrant might never have been issued. By many interpretations, it
|
||||
disregarded the First and Fourth Amendments to the U. S. Constitution,
|
||||
as well as several existing privacy laws. But the government proceeded
|
||||
as if civil liberties did not apply. In this case, the government was
|
||||
investigating a new kind of crime -- computer crime.
|
||||
|
||||
|
||||
The circumstances vary, but a disproportionate number of cases share a
|
||||
common thread: the serious misunderstanding of computer-based communi-
|
||||
cation and its implications for civil liberties. We now face the task
|
||||
of adapting our legal institutions and societal expectations to the
|
||||
cultural phenomena that even now are springing up from communications
|
||||
technology.
|
||||
|
||||
|
||||
Our society has made a commitment to openness and to free
|
||||
communication. But if our legal and social institutions fail to adapt
|
||||
to new technology, basic access to the global electronic media could be
|
||||
seen as a privilege, granted to those who play by the strictest rules,
|
||||
rather than as a right held by anyone who needs to communicate. To
|
||||
assure that these freedoms are not compromised, a group of computer
|
||||
experts, including myself, founded the Electronic Frontier Foundation
|
||||
(EFF) in 1990.
|
||||
|
||||
|
||||
In many respects, it was odd that Steve Jackson Games got caught up in a
|
||||
computer crime investigation at all. The company publishes a popular,
|
||||
award-winning series of fantasy roleplaying games, produced in the
|
||||
form of elaborate rule books. The raid took place only because law
|
||||
enforcement officials misunderstood the technologies -- computer
|
||||
bulletin-board systems (BBSs) and on-line forums -- and misread the
|
||||
cultural phenomena that those technologies engender.
|
||||
|
||||
|
||||
Like a growing number of businesses, Steve Jackson Games operated an
|
||||
electronic bulletin board to facilitate contact between players of its
|
||||
games and their authors. Users of this bulletin-board system dialed in
|
||||
via modem from their personal computers to swap strategy tips, learn
|
||||
about game upgrades, exchange electronic mail and discuss games and
|
||||
other topics.
|
||||
|
||||
|
||||
Law enforcement officers apparently became suspicious when a Steve
|
||||
Jackson Games employee -- on his own time and on a BBS he ran from his
|
||||
house -- made an innocuous comment about a public domain protocol for
|
||||
transferring computer files called Kermit. In addition, officials
|
||||
claimed that at one time the employee had had on an electronic
|
||||
bulletin board a copy of Phrack, a widely disseminated electronic publi-
|
||||
cation, that included information they believed to have been stolen from
|
||||
a BellSouth computer.
|
||||
|
||||
|
||||
The law enforcement officials interpreted these facts as unusual
|
||||
enough to justify not only a search and seizure at the employee's
|
||||
residence but also the search of Steve Jackson Games and the seizure of
|
||||
enough equipment to disrupt the business seriously. Among the items
|
||||
confiscated were all the hard copies and electronically stored copies of
|
||||
the manuscript of a rule book for a role-playing game called GURPS
|
||||
Cyberpunk, in which inhabitants of so-called cyberspace invade
|
||||
corporate and government computer systems and steal sensitive data.
|
||||
Law enforcement agents regarded the book, in the words of one, as "a
|
||||
handbook for computer crime."
|
||||
|
||||
|
||||
A basic knowledge of the kinds of computer intrusion that are
|
||||
technically possible would have enabled the agents to see that GURPS
|
||||
Cyberpunk was nothing more than a science fiction creation and that
|
||||
Kermit was simply a legal, frequently used computer program.
|
||||
Unfortunately, the agents assigned to investigate computer crime did not
|
||||
know what -- if anything -- was evidence of criminal activity.
|
||||
Therefore, they intruded on a small business without a reasonable
|
||||
basis for believing that a crime had been committed and conducted a
|
||||
search and seizure without looking for "particular" evidence, in vi-
|
||||
olation of the Fourth Amendment of the Constitution.
|
||||
|
||||
|
||||
Searches and seizures of such computer systems affect the rights of
|
||||
not only their owners and operators but also the users of those systems.
|
||||
Although most BBS users have never been in the same room with the
|
||||
actual computer that carries their postings, they legitimately expect
|
||||
their electronic mail to be private and their lawful associations to
|
||||
be protected.
|
||||
|
||||
|
||||
The community of bulletin-board users and computer networkers may be
|
||||
small, but precedents must be understood in a greater context. As
|
||||
forums for debate and information exchange, computer-based bulletin
|
||||
boards and conferencing systems support some of the most vigorous
|
||||
exercise of the First Amendment freedoms of expression and association
|
||||
that this country has ever seen. Moreover, they are evolving rapidly
|
||||
into large-scale public information and communications utilities.
|
||||
|
||||
|
||||
These utilities will probably converge into a digital national public
|
||||
network that will connect nearly all homes and businesses in the U.S.
|
||||
This network will serve as a main conduit for commerce, learning,
|
||||
education and entertainment in our society, distributing images and
|
||||
video signals as well as text and voice. Much of the content of this
|
||||
network will be private messages serving as "virtual" town halls,
|
||||
village greens and coffeehouses, where people post their ideas in public
|
||||
or semipublic forums.
|
||||
|
||||
|
||||
Yet there is a common perception that a defense of electronic civil
|
||||
liberties is somehow opposed to legitimate concerns about the
|
||||
prevention of computer crime. The conflict arises, in part, because
|
||||
the popular hysteria about the technically sophisticated youths known as
|
||||
hackers has drowned out reasonable discussion.
|
||||
|
||||
|
||||
Perhaps inspired by the popular movie _WarGames_, the general public
|
||||
began in the 1980s to perceive computer hackers as threats to the
|
||||
safety of this country's vital computer systems. But the image of
|
||||
hackers as malevolent is purchased at the price of ignoring the
|
||||
underlying reality -- the typical teenage hacker is simply tempted by
|
||||
the prospect of exploring forbidden territory. Some are among our best
|
||||
and brightest technological talents: hackers of the 1960s and 1970s,
|
||||
for example, were so driven by their desire to master, understand and
|
||||
produce new hardware and software that they went on to start companies
|
||||
called Apple, Microsoft and Lotus.
|
||||
|
||||
|
||||
How do we resolve this conflict? One solution is ensure that our scheme
|
||||
of civil and criminal laws provides sanctions in proportion to the
|
||||
offenses. A system in which an exploratory hacker receives more time in
|
||||
jail than a defendant convicted of assault violates our sense of
|
||||
justice. Our legal tradition historically has shown itself capable of
|
||||
making subtle and not-so-subtle distinctions among criminal offenses.
|
||||
|
||||
|
||||
There are, of course, real threats to network and system security. The
|
||||
qualities that make the ideal network valuableQits popularity, its
|
||||
uniform commands, its ability to handle financial transactions and its
|
||||
international access -- also make it vulnerable to a variety of
|
||||
abuses and accidents. It is certainly proper to hold hackers
|
||||
accountable for their offenses, but that accountability should never
|
||||
entail denying defendants the safeguards of the Bill of Rights,
|
||||
including the rights to free expression and association and to free-
|
||||
dom from unreasonable searches and seizures.
|
||||
|
||||
|
||||
We need statutory schemes that address the acts of true computer crim-
|
||||
inals (such as those who have created the growing problem of toll and
|
||||
credit-card fraud) while distinguishing between those criminals and
|
||||
hackers whose acts are most analogous to noncriminal trespass. And we
|
||||
need educated law enforcement officials who will be able to recognize
|
||||
and focus their efforts on the real threats.
|
||||
|
||||
|
||||
The question then arises: How do we help our institutions, and
|
||||
perceptions, adapt? The first step is to articulate the kinds of values
|
||||
we want to see protected in the electronic society we are now shaping
|
||||
and to make an agenda for preserving the civil liberties that are
|
||||
central to that society. Then we can draw on the appropriate legal
|
||||
traditions that guide other media. The late Ithiel de Sola Pool argued
|
||||
in his influential book Technologies of Freedom that the medium of
|
||||
digital communications is heir to several traditions of control: the
|
||||
press, the common carrier and the broadcast media.
|
||||
|
||||
|
||||
The freedom of the press to print and distribute is explicitly
|
||||
guaranteed by the First Amendment. This freedom is somewhat limited,
|
||||
particularly by laws governing obscenity and defamation, but the thrust
|
||||
of First Amendment law, especially in this century, prevents the
|
||||
government from imposing "prior restraint" on publications.
|
||||
|
||||
|
||||
Like the railroad networks, the telephone networks follow common-car-
|
||||
rier principles -- they do not impose content restrictions on the
|
||||
"cargo" they carry. It would be unthinkable for the telephone company to
|
||||
monitor our calls routinely or cut off conversations because the
|
||||
subject matter was deemed offensive.
|
||||
|
||||
|
||||
Meanwhile the highly regulated broadcast media are grounded in the
|
||||
idea, arguably mistaken, that spectrum scarcity and the pervasiveness
|
||||
of the broadcast media warrant government allocation and control of
|
||||
access to broadcast frequencies (and some control of content). Access
|
||||
to this technology is open to any consumer who can purchase a radio or
|
||||
television set, but it is nowhere near as open for information
|
||||
producers.
|
||||
|
||||
|
||||
Networks as they now operate contain elements of publishers,
|
||||
broadcasters, bookstores and telephones, but no one model fits. This
|
||||
hybrid demands new thinking or at least a new application of the old
|
||||
legal principles. As hybrids, computer networks also have some features
|
||||
that are unique among the communications media. For example, most
|
||||
conversations on bulletin boards, chat lines and conferencing systems
|
||||
are both public and private at once. The electronic communicator speaks
|
||||
to a group of individuals, only some of whom are known personally, in a
|
||||
discussion that may last for days or months.
|
||||
|
||||
|
||||
But the dissemination is controlled, because the membership is limited
|
||||
to the handful of people who are in the virtual room, paying attention.
|
||||
Yet the result may also be "published" -- an archival textual or voice
|
||||
record can be automatically preserved, and newcomers can read the
|
||||
backlog. Some people tend to equate on-line discussions with party (or
|
||||
party-line) conversations, whereas others compare them to newspapers
|
||||
and still others think of citizens band radio.
|
||||
|
||||
|
||||
In this ambiguous context, freespeech controversies are likely to
|
||||
erupt. Last year an outcry went up against the popular Prodigy comput-
|
||||
er service, a joint venture of IBM and Sears, Roebuck and Co. The
|
||||
problem arose because Prodigy management regarded their service as
|
||||
essentially a newspaper" or "magazine," for which a hierarchy of
|
||||
editorial control is appropriate. Some of Prodigy's customers, in
|
||||
contrast, regarded the service as more of a forum or meeting place.
|
||||
|
||||
|
||||
When users of the system tried to protest Prodigy's policy, its editors
|
||||
responded by removing the discussion. then the protestors tried to
|
||||
use electronic mail as a substitute for electron- assembly,
|
||||
communicating through huge mailing lists. Prodigy placed a limit on the
|
||||
number of messages each individual could send.
|
||||
|
||||
|
||||
The Prodigy controversy illustrates important principle that belongs on
|
||||
civil liberties agenda for the future: freedom-of-speech issues will not
|
||||
disappear simply because a service provider has tried to impose a
|
||||
metaphor on its service. Subscribers sense, I believe, that freedom of
|
||||
speech on the networks is central for individuals to use electronic
|
||||
communications. Science fiction writer William Gibson once remarked
|
||||
that "the street finds its own uses for things." Network service pro-
|
||||
viders will continue to discover that their customers will always find
|
||||
their own best uses for new media.
|
||||
|
||||
|
||||
Freedom of speech on networks will be promoted by limiting content-based
|
||||
regulations and by promoting competition among providers of network
|
||||
services. The first is necessary because governments will be tempted
|
||||
to restrict the content of any information service they subsidize or
|
||||
regulate. The second is necessary because market competition is the
|
||||
most efficient means of ensuring that needs of network users will be
|
||||
met.
|
||||
|
||||
|
||||
The underlying network should essentially be a "carrier" -- it should
|
||||
operate under a content-neutral regime in which access is available to
|
||||
any entity that can pay for it. The information and forum services would
|
||||
be "nodes" on this network. (Prodigy, like GEnie and CompuServe,
|
||||
currently maintains its own proprietary infrastructure, but a future
|
||||
version of Prodigy might share the same network with services like
|
||||
CompuServe.)
|
||||
|
||||
|
||||
Each service would have its own unique character and charge its own
|
||||
rates. If a Prodigy-like entity correctly perceives a need for an
|
||||
electronic "newspaper" with strong editorial control, it will draw an
|
||||
audience. Other less hierarchical services will share the network with
|
||||
that "newspaper" yet find their own market niches, varying by format and
|
||||
content.
|
||||
|
||||
|
||||
The prerequisite for this kind of competition is a carrier capable of
|
||||
highbandwidth traffic that is accessible to individuals in every
|
||||
community. Like common carriers, these network carriers should be seen
|
||||
as conduits for the distribution of electronic transmissions. They
|
||||
should not be allowed to change the content of a message or to discrim-
|
||||
inate among messages.
|
||||
|
||||
This kind of restriction will require shielding the carriers from legal
|
||||
liabilities for libel, obscenity and plagiarism. Today the ambiguous
|
||||
state of liability law has tempted some computer network carriers to
|
||||
reduce their risk by imposing content restrictions. This could be
|
||||
avoided by appropriate legislation. Our agenda requires both that the
|
||||
law shield carriers from liability based on content and that carriers
|
||||
not be allowed to discriminate.
|
||||
|
||||
|
||||
All electronic "publishers" should be allowed equal access to networks.
|
||||
Ultimately, there could be hundreds of thousands of these information
|
||||
providers, as there are hundreds of thousands of print publishers
|
||||
today. As "nodes," they will be considered the conveners of the
|
||||
environments within which on-line assembly takes place.
|
||||
|
||||
|
||||
None of the old definitions will suffice for this role. For example,
|
||||
to safeguard the potential of free and open inquiry, it is desirable
|
||||
to preserve each electronic publisher's control over the general flow
|
||||
and direction of material under his or her imprimaturQin effect, to give
|
||||
the "sysop," or system operator, the prerogatives and protections of a
|
||||
publisher.
|
||||
|
||||
|
||||
But it is unreasonable to expect the sysop of a node to review every
|
||||
message or to hold the sysop to a publish er's standard of libel.
|
||||
Message traffic on many individually owned services is already too
|
||||
great for the sysop to review. We can only expect the trend to grow.
|
||||
Nor is it appropriate to compare nodes to broadcasters (an analogy
|
||||
likely to lead to licensing and content-based regulation). Unlike the
|
||||
broadcast media, nodes do not dominate the shared resource of a public
|
||||
community, and they are not a pervasive medium. To take part in a
|
||||
controversial discussion, a user must actively seek entry into the
|
||||
appropriate node, usually with a subscription and a password.
|
||||
|
||||
|
||||
Anyone who objects to the content of a node can find hundreds of other
|
||||
systems where they might articulate their ideas more freely. The danger
|
||||
is if choice is somehow restricted: if all computer networks in the
|
||||
country are restrained from allowing discussion on particular subjects
|
||||
or if a publicly sponsored computer network limits discussion.
|
||||
|
||||
|
||||
This is not to say that freedom-of-speech principles ought to protect
|
||||
all electronic communications. Exceptional cases, such as the BBS used
|
||||
primarily to traffic in stolen long-distance access codes or credit-card
|
||||
numbers, will always arise and pose problems of civil and criminal
|
||||
liability. We know that electronic freedom of speech, whether in public
|
||||
or private systems, cannot be absolute. In face-to-face conversation and
|
||||
printed matter today, it is commonly agreed that freedom of speech
|
||||
does not cover the communications inherent in criminal conspiracy,
|
||||
fraud, libel, incitement to lawless action and copyright infringement.
|
||||
|
||||
|
||||
If there are to be limits on electronic freedom of speech, what
|
||||
precisely should those limits be? One answer to this question is the
|
||||
U.S. Supreme Court's 1969 decision in Brandenburg v. Ohio. The court
|
||||
ruled that no speech should be subject to prior restraint or criminal
|
||||
prosecution unless it is intended to incite and is likely to cause
|
||||
imminent lawless action.
|
||||
|
||||
|
||||
In general, little speech or publication falls outside of the
|
||||
protections of the Brandenburg case, since most people are able to
|
||||
reflect before acting on a written or spoken suggestion. As in
|
||||
traditional media, any on-line messages should not be the basis of
|
||||
criminal prosecution unless the Brandenburg standard is met.
|
||||
|
||||
|
||||
Other helpful precedents include cases relating to defamation and
|
||||
copyright infringement. Free speech does not mean one can damage a
|
||||
reputation or appropriate a copyrighted work without being called to
|
||||
account for it. And it probably does not mean that one can release a
|
||||
virus across the network in order to "send a message" to network
|
||||
subscribers. Although the distinction is trickier than it may first
|
||||
appear, the release of a destructive program, such as a virus, may be
|
||||
better analyzed as an act rather than as speech.
|
||||
|
||||
|
||||
Following freedom of speech on our action agenda is freedom from unrea-
|
||||
sonable searches and seizures. The Steve Jackson case was one of many
|
||||
cases in which computer equipment and disks were seized and held some-
|
||||
times for months -often without a specific charge being filed. Even when
|
||||
only a few files were relevant to an investigation, entire computer
|
||||
systems, including printers, have been removed with their hundreds of
|
||||
files intact.
|
||||
|
||||
|
||||
Such nonspecific seizures and searches of computer data allow "rummag-
|
||||
ing," in which officials browse through private files in search of
|
||||
incriminating evidence. In addition to violating the Fourth Amendment
|
||||
requirement that searches and seizures be "particular," these searches
|
||||
often run afoul of the Electronic Communications Privacy Act of 1986.
|
||||
This act prohibits the government from seizing or intercepting elec-
|
||||
tronic communications without proper authorization. They also contravene
|
||||
the Privacy Protection Act of 1980, which prohibits the government from
|
||||
searching the offices of Dublishers for documents, including
|
||||
materials that are electronically stored.
|
||||
|
||||
|
||||
We can expect that law enforcement agencies and civil libertarians
|
||||
will agree over time about the need to establish procedures for
|
||||
searches and seizures of "particular" computer data and hardware. Law
|
||||
enforcement officials will have to adhere to guidelines in the above
|
||||
statutes to achieve Fourth Amendment "particularity" while maximizing
|
||||
the efficiency of their searches. They also will have to be trained to
|
||||
make use of software tools that allow searches for particular files or
|
||||
particular information within files on even the most capacious hard
|
||||
disk or optical storage device.
|
||||
|
||||
|
||||
Still another part of the solution will be law enforcement's abandonment
|
||||
of the myth of the clever criminal hobbyist. Once law enforcement no
|
||||
longer assumes worst-case behavior but looks instead for real evidence
|
||||
of criminal activity, its agents will learn to search and seize only
|
||||
what they need.
|
||||
|
||||
|
||||
Developing and implementing a civil liberties agenda for computer net-
|
||||
works will require increasing participation by technically trained
|
||||
people. Fortunately, there are signs that this is begining to happen.
|
||||
The Computers, Freedom and Privacy Conference, held last spring in San
|
||||
Francisco, along with electronic conferences on the WELL (Whole Earth
|
||||
'Lectronic Link) and other computer networks, have brought law
|
||||
enforcement officials, supposed hackers and interested members of the
|
||||
computer community together in a spirit of free and frank discussion.
|
||||
Such gatherings are beginning to work out the civil liberties guidelines
|
||||
for a networked society.
|
||||
|
||||
|
||||
There is general agreement, for example, that a policy on electronic
|
||||
crime should offer protection for security and privacy on both
|
||||
individual and institutional systems. Defining a measure of damages
|
||||
and setting proportional punishment will require further goodfaith
|
||||
deliberations by the community involved with electronic freedoms, in-
|
||||
cluding the Federal Bureau of Investigation, the Secret Service, the
|
||||
bar associations, technology groups, telephone companies and civil
|
||||
libertarians. It will be especially important to represent the damage
|
||||
caused by electronic crime accurately and to leave room for the valuable
|
||||
side of the hacker spirit: the interest in increasing legitimate under-
|
||||
standing through exploration.
|
||||
|
||||
|
||||
We hope to see a similar emerging consensus on security issues. Network
|
||||
systems should be designed not only to provide technical solutions to
|
||||
security problems but also to allow system operators to use them
|
||||
without infringing unduly on the rights of users. A security system
|
||||
that depends on wholesale monitoring of traffic, for example, would
|
||||
create more problems than it would solve.
|
||||
|
||||
|
||||
Those parts of a system where damage would do the greatest harm --
|
||||
financial records, electronic mail, military data -- should be
|
||||
protected. This involves installing more effective computer security
|
||||
measures, but it also means redefining the legal interpretations of
|
||||
copyright, intellectual property, computer crime and privacy so that
|
||||
system users are protected against individual criminals and abuses by
|
||||
large institutions. These policies should balance the need for civil
|
||||
liberties against the need for a secure, orderly, protected electronic
|
||||
society.
|
||||
|
||||
|
||||
As we pursue that balance, of course, confrontations will continue to
|
||||
take place. In May of this year, Steve Jackson Games, with the support
|
||||
of the EFF, filed suit against the Secret Service, two individual Secret
|
||||
Service agents, an assistant U.S. attorney and others.
|
||||
|
||||
|
||||
The EFF is not seeking confrontation for its own sake. One of the
|
||||
realities of our legal system is that one often has to fight for a legal
|
||||
or constitutional right in the courts in order to get it recognized
|
||||
outside the courts. One goal of the lawsuit is to establish clear
|
||||
grounds under which search and seizure of electronic media is
|
||||
"unreasonable" and unjust. Another is to establish the clear
|
||||
applicability of First Amendment principles to the new medium.
|
||||
|
||||
|
||||
But the EFF's agenda extends far beyond liagation. Our larger agenda
|
||||
includes sponsoring a range of educational initiatives aimed at the
|
||||
public's general lack of familiarity with the technology and its
|
||||
potential. That is why there is an urgent need for technologically
|
||||
knowledgeable people to take part in the public debate over communica-
|
||||
tions policy and to help spread their understanding of these issues.
|
||||
Fortunately, the very technology at stake -- electronic conferencing
|
||||
-- makes it easier than ever before to get involved in the debate.
|
||||
|
||||
|
||||
|
||||
|
||||
1691
textfiles.com/politics/clinton.txt
Normal file
1691
textfiles.com/politics/clinton.txt
Normal file
File diff suppressed because it is too large
Load Diff
173
textfiles.com/politics/column01.nws
Normal file
173
textfiles.com/politics/column01.nws
Normal file
@@ -0,0 +1,173 @@
|
||||
<EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͻ
|
||||
<EFBFBD> <20><><EFBFBD>The Sixth Column<6D><6E><EFBFBD> <20>
|
||||
<EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>
|
||||
<EFBFBD> To: All those who travel CyberSpace for limitless knowledge <20>
|
||||
<EFBFBD> From: Lestat De Lioncourt / Coordinator of the Sixth Column <20>
|
||||
<EFBFBD> Re: Introduction and Purpose <20>
|
||||
<EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD><EFBFBD>ͼ
|
||||
|
||||
Are you happy with the current situation America is in today? Do you have
|
||||
this little voice, in the back of your head whispering, "Something isn't
|
||||
right about all of this"? Are you concerned for your family and your
|
||||
children? What will they inherit from us?
|
||||
|
||||
The American Dream or Economic Slavery?
|
||||
|
||||
I have found that most of the people in CyberSpace are somewhat "aware" of
|
||||
what is really happening to our Nation. CyberSpace is a wonderful place,
|
||||
where ideas and information are constantly traveling the boundless reaches,
|
||||
for every person in it to share and learn. Some use CyberSpace to play the
|
||||
"soap opera" game on tele-conference BBSs. Some use it to download the
|
||||
latest pornographic .gifs to waste hard drive space and get a one minute
|
||||
stand with their hand. Some people are above the rest, they play the
|
||||
software piracy circuits and play games all day. Professing in the belief
|
||||
that software theft is the highest plateau of data communications.
|
||||
|
||||
Then we come to the rarest breed of people in CyberSpace. The ones who are
|
||||
aware of the importance to the cry, "KEEP THE INFORMATION FREE". They see
|
||||
the government trying to put CyberSpace under federal control. They
|
||||
realize the repercussions of such an action. They are the Hackers. The
|
||||
ones who have been dubbed as "outlaws, criminals, and vandals". However,
|
||||
we all know that the true definition of a Hacker is: A Person who sees
|
||||
information as the greatest treasure. Information that should be free to
|
||||
all who want to learn. But we know that in reality, information and truth
|
||||
is kept from us at every turn.
|
||||
|
||||
The Sixth Column
|
||||
|
||||
If information is gold, then we are wealthy beyond the dreams of avarice.
|
||||
We collect and distribute information that has been hidden from the
|
||||
citizens of this great Nation. Information that some people don't want the
|
||||
public to know about (the best kind, of course). Some of the information
|
||||
that we provide is so unbelievable that most people tune it out. However,
|
||||
everything is available for you to make up your own mind.
|
||||
|
||||
I read an article about a hacker's views on hackers. In it he stated that
|
||||
there are few common traits linking hackers together. He also stated, "The
|
||||
most significant trait of Hackers is a severe distrust of authority." As I
|
||||
see it, that trait is the most important trait anyone could have. Do you
|
||||
simply "believe" everything you are told? I doubt it.
|
||||
|
||||
The Sixth Column is based on our Constitutional right, "To Freedom Of
|
||||
Speech and Expression". We are not the people who say, "Well..thats just
|
||||
life," "What can you do?", and "I can't do anything". In a short amount of
|
||||
time, we took a concept and turned it into reality to reach more people.
|
||||
And that is just the beginning.
|
||||
|
||||
That's enough of preliminaries. We will now skim over some interesting
|
||||
'tid bits of information that most people don't know about.
|
||||
|
||||
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
|
||||
|
||||
The following is just a few example of what we have discovered doing
|
||||
research into a variety of subjects. Basically "questioning authority,"
|
||||
and look at what we have found.
|
||||
|
||||
1. Income Taxes - Its VOLUNTARY!
|
||||
|
||||
a. The Fifth Amendment protects you from being a witness against
|
||||
yourself. The 1040 can be used against you. Therefore you are
|
||||
NOT REQUIRED to file.
|
||||
|
||||
b. You do not have a "taxable income"! Income is defined in the
|
||||
Internal Revenue Code as "a corporate profit". WAGES are NEVER
|
||||
MENTIONED in the IRC.
|
||||
|
||||
c. The IRS cites the law constantly. The Income Tax laws which
|
||||
are based solely on the 16th Amendment. However, it has been
|
||||
proven that the 16th Amendment was NEVER RATIFIED! It was
|
||||
voted on 64-4 against.
|
||||
|
||||
d. Information on these points and more are available. The Media
|
||||
has been proven to be controlled in respect to this issue. We
|
||||
have many files on this subject. If you don't believe it, just
|
||||
read a few texts for yourself. We guarantee you will be
|
||||
shocked.
|
||||
|
||||
2. Driver's Licence & Registration
|
||||
|
||||
a. Its a contract. Its not mandatory.
|
||||
|
||||
b. The current vehicle code states, "All prior codes are still in
|
||||
effect". They don't tell you in the current edition of the
|
||||
codes, but in the older versions you will find that a Driver is
|
||||
defined as "A person who uses the highways to haul freight or
|
||||
passengers for profit". (By law, are you a driver?)
|
||||
|
||||
3. Social (In)Security
|
||||
|
||||
a. Indications show that the Social Security System will collapse
|
||||
by 2006. Why?
|
||||
|
||||
b. For every dollar that is taken from your paycheck, the
|
||||
government take a loan out on it. Ten dollars for every dollar
|
||||
that you put in. Think of how much that means over the years
|
||||
multiplied by how many people pay into it.
|
||||
|
||||
c. The money that you put in now is not going into a place set
|
||||
aside for you when you retire. It goes directly to people who
|
||||
are already retired. Because of the way they handled the
|
||||
system, the gov't is taxing soc. sec. at about 50% and
|
||||
increasing the (voluntary) income tax assessments on social
|
||||
security earnings.
|
||||
|
||||
d. Information about this swindle and how you can drop out is
|
||||
available.
|
||||
|
||||
|
||||
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
|
||||
|
||||
That was just a small portion of the information we have accumulated. So
|
||||
far we support information on the following topics.
|
||||
|
||||
1. IRS / TAX / Financial information files
|
||||
|
||||
2. Government Politics and Conspiracy information texts. Many texts on
|
||||
what is happening to our Nation from all over the country.
|
||||
|
||||
3. AIDS - Is it man-made?
|
||||
|
||||
4. The Kennedy Assassination - Many texts on information you'll never
|
||||
see in the Media or in history books.
|
||||
|
||||
5. And Much More!
|
||||
|
||||
|
||||
As you read this, you know that President Clinton has officially gotten
|
||||
tossed aside the Federal Vaseline and bent over America. More taxes, more
|
||||
spending and more debt are the continuing factor in the way the government
|
||||
runs the country.
|
||||
|
||||
We are a Nation OF, FOR, AND BY THE PEOPLE. The Government is supposed to
|
||||
be subservient to the will of the people. We were not intended to be
|
||||
controlled by the government.
|
||||
|
||||
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
|
||||
|
||||
That's all for now for our intro. We hope that you take the opportunity to
|
||||
inspect our information before you make up your mind on any topic.
|
||||
|
||||
|
||||
Grateful Thanks to the following people:
|
||||
|
||||
-Pazuzu, for all the wicked humor and all the wicked truths.
|
||||
|
||||
-Irwin Schiff, you paid a high price for telling the truth. We hope you
|
||||
know that your information has shown people the truth.
|
||||
|
||||
-Thomas Jefferson, be glad you are dead, because if you saw how far this
|
||||
Nation has sunk, you would have killed yourself.
|
||||
|
||||
-To all of The Photon Regulars, we are still out there.
|
||||
|
||||
-To all software pirates, thanks for reminding me that there are more
|
||||
important things in life than getting high score.
|
||||
|
||||
|
||||
|
||||
Yours for Freedom,
|
||||
|
||||
The Sixth Column
|
||||
|
||||
[EOF]
|
||||
|
||||
1326
textfiles.com/politics/comanrky.pap
Normal file
1326
textfiles.com/politics/comanrky.pap
Normal file
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Load Diff
943
textfiles.com/politics/commanif.txt
Normal file
943
textfiles.com/politics/commanif.txt
Normal file
@@ -0,0 +1,943 @@
|
||||
|
||||
[ The Communist Manifesto, by Karl Marx and Frederick Engels. Reprinted in
|
||||
its entirety with the exception of part III, a short polemic against certain
|
||||
political groups of their time (1847) with whom Marx and Engels disagreed. ]
|
||||
|
||||
|
||||
Manifesto of the Communist Party
|
||||
|
||||
|
||||
A specter is haunting Europe -- the specter of Communism. All the
|
||||
powers of old Europe have entered into a holy alliance to exorcise this
|
||||
specter: Pope and Czar, Metternich and Guizot, French Radicals and German
|
||||
police-spies.
|
||||
|
||||
Where is the party in opposition that has not been decried as
|
||||
communistic by its opponents in power? Where the Opposition that has not
|
||||
hurled back the branding reproach of Communism, against the more advanced
|
||||
opposition parties, as well as against its reactionary adversaries?
|
||||
|
||||
Two things result from this fact:
|
||||
|
||||
I. Communism is already acknowledged by all European powers to be
|
||||
itself a power.
|
||||
|
||||
II. It is high time that Communists should openly, in the face of the
|
||||
whole world, publish their views, their aims, their tendencies, and meet this
|
||||
nursery tale of the specter of Communism with a manifesto of the party itself.
|
||||
|
||||
To this end, Communists of various nationalities have assembled in
|
||||
London, and sketched the following manifesto, to be published in the English,
|
||||
French, German, Italian, Flemish, and Danish languages.
|
||||
|
||||
|
||||
|
||||
|
||||
I. Bourgeois and Proletarians
|
||||
|
||||
|
||||
The history of all hitherto existing society is the history of class
|
||||
struggles. Freeman and slave, patrician and plebeian, lord and serf, guild-
|
||||
master and journeyman, in a word, oppressor and oppressed, stood in constant
|
||||
opposition to one another, carried on an uninterrupted, now hidden, now open
|
||||
fight, a fight that each time ended, either in a revolutionary reconstitution
|
||||
of society at large, or in the common ruin of the contending classes.
|
||||
|
||||
In the earlier epochs of history, we find almost everywhere a
|
||||
complicated arrangement of society into various orders, a manifold gradation
|
||||
of social rank. In ancient Rome we have patricians, knights, plebeians,
|
||||
slaves; in the Middle Ages, feudal lords, vassals, guild-masters, journeymen,
|
||||
apprentices, serfs; in almost all of these classes, again, subordinate
|
||||
gradations.
|
||||
|
||||
The modern bourgeois society that has sprouted from the ruins of feudal
|
||||
society, has not done away with class antagonisms. It has but established new
|
||||
classes, new conditions of oppression, new forms of struggle in place of the
|
||||
old ones.
|
||||
|
||||
Our epoch, the epoch of the bourgeoisie, possesses, however, this
|
||||
distinctive feature: It has simplified the class antagonisms. Society as a
|
||||
whole is more and more splitting up into two great hostile camps, into two
|
||||
great classes directly facing each other -- bourgeoisie and proletariat.
|
||||
|
||||
From the serfs of the Middle Ages sprang the chartered burghers of the
|
||||
earliest towns. From these burgesses the first elements of the bourgeoisie
|
||||
were developed.
|
||||
|
||||
The discovery of America, the rounding of the Cape, opened up fresh
|
||||
ground for the rising bourgeoisie. The East-Indian and Chinese markets, the
|
||||
colonization of America, trade with the colonies, the increase in the means of
|
||||
exchange and in commodities generally, gave to commerce, to navigation, to
|
||||
industry, an impulse never before known, and thereby, to the revolutionary
|
||||
element in the tottering feudal society, a rapid development.
|
||||
|
||||
The feudal system of industry, in which industrial production was
|
||||
monopolized by closed guilds, now no longer sufficed for the growing wants of
|
||||
the new markets. The manufacturing system took its place. The guild-masters
|
||||
were pushed aside by the manufacturing middle class; division of labor between
|
||||
the different corporate guilds vanished in the face of division of labor in
|
||||
each single workshop.
|
||||
|
||||
Meantime the markets kept ever growing, the demand ever rising. Even
|
||||
manufacture no longer sufficed. Thereupon, steam and machinery revolutionized
|
||||
industrial production. The place of manufacture was taken by the giant,
|
||||
modern industry, the place of the industrial middle class, by industrial
|
||||
millionaires -- the leaders of whole industrial armies, the modern bourgeois.
|
||||
|
||||
Modern industry has established the world market, for which the
|
||||
discovery of America paved the way. This market has given an immense
|
||||
development to commerce, to navigation, to communication by land. This
|
||||
development has, in its turn, reacted on the extension of industry; and in
|
||||
proportion as industry, commerce, navigation, railways extended, in the same
|
||||
proportion the bourgeoisie developed, increased its capital, and pushed into
|
||||
the background every class handed down from the Middle Ages.
|
||||
|
||||
We see, therefore, how the modern bourgeoisie is itself the product of a
|
||||
long course of developement, of a series of revolutions in the modes of
|
||||
production and of exchange.
|
||||
|
||||
Each step in the development of the was accompanied by a corresponding
|
||||
political advance of that class. An oppressed class under the sway of the
|
||||
feudal nobility, it became an armed and self-governing association in the
|
||||
medieval commune; here independent urban republic (as in Italy and Germany),
|
||||
there taxable "third estate" of the monarchy (as in France); afterwards, in
|
||||
the period of manufacture proper, serving either the semi-feudal or the
|
||||
absolute monarchy as a counterpoise against the nobility, and, in fact, the
|
||||
corner-stone of the great monarchies in general -- the bourgeoisie has at
|
||||
last, since the establishment of modern industry and of the world market,
|
||||
conquered for itself, in the modern representative state, exclusive political
|
||||
sway. The executive of the modern state is but a committee for managing the
|
||||
common affairs of the whole bourgeoisie.
|
||||
|
||||
The bourgeoisie has played a most revolutionary role in history.
|
||||
|
||||
The bourgeoisie, wherever it has got the upper hand, has put an end to
|
||||
all feudal, patriarchal, idyllic relations. It has pitilessly torn asunder
|
||||
the motley feudal ties that bound man to his "natural superiors," and has left
|
||||
no other bond between man and man than naked self-interest, than callous "cash
|
||||
payment." It has drowned the most heavenly ecstasies of religious fervor, of
|
||||
chivalrous enthusiasm, of philistine sentimentalism, in the icy water of
|
||||
egotistical calculation. It has resolved personal worth into exchange value,
|
||||
and in place of the numberless indefeasible chartered freedoms, has set up
|
||||
that single, unconscionable freedom -- Free Trade. In one word for
|
||||
exploitation, veiled by religious and political illusions, it has substituted
|
||||
naked, shameless, direct, brutal exploitation.
|
||||
|
||||
The bourgeoisie has stripped of its halo every occupation hitherto
|
||||
honored and looked up to with reverent awe. It has converted the physician,
|
||||
the lawyer, the priest, the poet, the man of science, into its paid wage-
|
||||
laborers.
|
||||
|
||||
The bourgeoisie has torn away from the family its sentimental veil, and
|
||||
has reduced the family relation to a mere money relation.
|
||||
|
||||
The bourgeoisie has disclosed how it came to pass that the brutal
|
||||
display of vigor in the Middle Ages, which reactionaries so much admire, found
|
||||
its fitting complement in the most slothful indolence. It has been the first
|
||||
to show what man's activity can bring about. It has accomplished wonders far
|
||||
surpassing Egyptian pyramids, Roman aqueducts, and Gothic cathedrals; it has
|
||||
conducted expeditions that put in the shade all former migrations of nations
|
||||
and crusades.
|
||||
|
||||
The bourgeoisie cannot exist without constantly revolutionizing the
|
||||
instruments of production, and thereby the relations of production, and of
|
||||
production in unaltered form, was, on the contrary, the first condition of
|
||||
existence for all earlier industrial classes. Constant revolutionizing of
|
||||
production, uninterrupted disturbance of all social conditions, everlasting
|
||||
uncertainty and agitation distinguish the bourgeois epoch from all earlier
|
||||
ones. All fixed, fast-frozen relations, with their train of ancient and
|
||||
venerable prejudices and opinions, are swept away, all new-formed ones become
|
||||
antiquated before they can ossify. All that is solid melts into air, all that
|
||||
is holy is profaned, and man is at last compelled to face with sober senses
|
||||
his real conditions of life and his relations with his kind.
|
||||
|
||||
The need of a constantly expanding market for its products chases the
|
||||
bourgeoisie over the whole surface of the globe. It must nestle everywhere,
|
||||
settle everywhere, establish connections everywhere.
|
||||
|
||||
The bourgeoisie has through its exploitation of the world market given a
|
||||
cosmopolitan character to production and consumption in every country. To the
|
||||
great chagrin of reactionaries, it has drawn from under the feed of industry
|
||||
the national ground on which it stood. All old-established national
|
||||
industries have been destroyed or are daily being destroyed. They are
|
||||
dislodged by new industries, whose introduction becomes a life and death
|
||||
question for all civilized nations, by industries that no longer work up
|
||||
indigenous raw material, but raw material drawn from the remotest zones;
|
||||
industries whose products are consumed, not only at home, but in every quarter
|
||||
of the globe. In place of the old wants, satisfied by the production of the
|
||||
country, we find new wants, requiring for their satisfaction the products of
|
||||
distant lands and climes. In place of the old local and national seclusion
|
||||
and self-sufficiency, we have intercourse in every direction, universal inter-
|
||||
dependence of nations. And as in material, so also in intellectual
|
||||
production. The intellectual creations of individual nations become common
|
||||
property. National one-sidedness and narrow-mindedness become more and more
|
||||
impossible, and from the numerous national and local literatures there arises
|
||||
a world literature.
|
||||
|
||||
The bourgeoisie, by the rapid improvement of all instruments of
|
||||
production, by the immensely facilitated means of communication, draws all
|
||||
nations, even the most barbarian, into civilization. The cheap prices of its
|
||||
commodities are the heavy artillery with which it batters down all Chinese
|
||||
walls, with which it forces the barbarians' intensely obstinate hatred of
|
||||
foreigners to capitulate. It compels all nations, on pain of extinction, to
|
||||
adopt the bourgeois mode of production; it compels them to introduce what it
|
||||
calls civilization into their midst, i.e., to become bourgeois themselves. In
|
||||
a word, it creates a world after its own image.
|
||||
|
||||
The bourgeoisie has subjected the country to the rules of the towns. It
|
||||
has created the enormous cities, has greatly increased the urban population as
|
||||
compared with the rural, and has thus rescued a considerable part of the
|
||||
population from the idiocy of rural life. Just as it has made the country
|
||||
dependent on the towns, so it has made the barbarian and semi-barbarian
|
||||
countries dependent on the civilized ones, nations of peasants on nations of
|
||||
bourgeois, the East on the West.
|
||||
|
||||
More and more the bourgeoisie keeps doing away with the scattered state
|
||||
of the population, of the means of production, and of property. It has
|
||||
agglomerated population, centralized the means of production, and has
|
||||
concentrated property in a few hands. The necessary consequence of this was
|
||||
political centralization. Independent, or but loosely connected provinces,
|
||||
with separate interests, laws, governments and systems of taxation, became
|
||||
lumped together into one nation, with one government, one code of laws, one
|
||||
national class interest, one frontier and one customs tariff.
|
||||
|
||||
The bourgeoisie, during its rule of scarce one hundred years, has
|
||||
created more massive and more colossal productive forces than have all
|
||||
preceding generations together. Subjection of nature's forces to man,
|
||||
machinery, application of chemistry to industry and agriculture, steam-
|
||||
navigation, railways, electric telegraphs, clearing of whole continents for
|
||||
cultivation, canalization of rivers, while populations conjured out of the
|
||||
ground -- what earlier century had even a presentiment that such productive
|
||||
forces slumbered in the lap of social labor?
|
||||
|
||||
We see then that the means of production and of exchange, which served
|
||||
as the foundation for the growth of the bourgeoisie, were generated in feudal
|
||||
society. At a certain stage in the development of these means of production
|
||||
and of exchange, the conditions under which feudal society produced and
|
||||
exchanged, the feudal organization of agriculture and manufacturing industry,
|
||||
in a word, the feudal relations of property became no longer compatible with
|
||||
the already developed productive forces; they became so many fetters. They
|
||||
had to burst asunder; they were burst asunder.
|
||||
|
||||
Into their place stepped free competition, accompanied by a social and
|
||||
political constitution adapted to it, and by the economic and political sway
|
||||
of the bourgeois class.
|
||||
|
||||
A similar movement is going on before our own eyes. Modern bourgeois
|
||||
society with its relations of production, of exchange and of property, a
|
||||
society that hs conjured up such gigantic means of production and of exchange,
|
||||
is like the sorcerer who is no longer able to control the powers of the nether
|
||||
world whom he has called up by his spells. For many a decade past history of
|
||||
industry and commerce is but the history of the revolt of modern productive
|
||||
forces against the modern conditions of production, against the property
|
||||
relations that are the conditions for the existence of the bourgeoisie and its
|
||||
rule. It is enough to mention the commercial crises that by their periodical
|
||||
return put the existence of the entire bourgeois society on trial, each time
|
||||
more threateningly. In these crises a great part not only of the existing
|
||||
products, but also of the previously created productive forces, are
|
||||
periodically destroyed. In these crises there breaks out an epidemic that, in
|
||||
all earlier epochs, would have seemed an absurdity -- the epidemic of over-
|
||||
production. Society suddenly finds itself put back into a state of momentary
|
||||
barbarism; it appears as if famine, a universal war of devastation had cut off
|
||||
the supply of every means of subsistence; industry and commerce seem to be
|
||||
destroyed. And why? Because there is too much civilization, too much means
|
||||
of subsistence, too much industry, too much commerce. The productive forces
|
||||
at the disposal of society no longer tend to further the development of the
|
||||
conditions of bourgeois property; on the contrary, they have become too
|
||||
powerful for these conditions, by which they are fettered, and no sooner do
|
||||
they overcome these fetters than they bring disorder into the whole of
|
||||
bourgeois society, endanger the existence of bourgeois property. The
|
||||
conditions of bourgeois society are too narrow to comprise the wealth created
|
||||
by them. And how does the bourgeoisie get over these crises? On the one hand
|
||||
by enforced destruction of a mass of productive forces; on the other, by the
|
||||
conquest of new markets, and by the more thorough exploitation of the old
|
||||
ones. That is to say, by paving the way for more extensive and more
|
||||
destructive crises, and by diminishing the means whereby crises are prevented.
|
||||
|
||||
The weapons with which the bourgeoisie felled feudalism to the ground
|
||||
are now turned against the bourgeoisie itself.
|
||||
|
||||
But not only has the bourgeoisie forged the weapons that bring death to
|
||||
itself; it has also called into existence the men who are to wield those
|
||||
weapons -- the modern working class -- the proletarians.
|
||||
|
||||
In proportion as the bourgeoisie, i.e., capital, is developed, in the
|
||||
same proportion is the proletariat, the modern working class, developed -- a
|
||||
class of laborers, who live only so long as they find work, and who find world
|
||||
only so long as their labor increases capital. These laborers, who must sell
|
||||
themselves piecemeal, are a commodity, like every other article of commerce,
|
||||
and are consequently exposed to all the vicissitudes of competition, to all
|
||||
the fluctuations of the market.
|
||||
|
||||
Owing to the extensive use of machinery and to division of labor, the
|
||||
work of the proletarians has lost all individual character, and, consequently,
|
||||
all charm for the workman. He becomes an appendage of the machine, and it is
|
||||
only the most simple, most monotonous, and most easily acquired knack, that is
|
||||
required of him. hence, the cost of production of a workman is restricted,
|
||||
almost entirely, to the means of subsistence that he requires for his
|
||||
maintenance, and for the propagation of his race. But the price of a
|
||||
commodity, and therefore also of labor, is equal to its cost of production.
|
||||
in proportion, therefore, as the repulsiveness of the work increases, the wage
|
||||
decreases. Nay more, in proportion as the use of machinery and division of
|
||||
labor increases, in the same proportion the burden of toil also increases,
|
||||
whether by prolongation of the working hours, by increase of the work exacted
|
||||
in a given time, or by increased speed of the machinery, etc.
|
||||
|
||||
Modern industry has converted the little workshop of the patriarchal
|
||||
master into the great factory of the industrial capitalist. masses of
|
||||
laborers, crowded into the factory, are organized like soldiers. As privates
|
||||
of the industrial army they are placed under the command of a perfect
|
||||
hierarchy of officers and sergeants. Not only are they slaves of the
|
||||
bourgeois class, and of the bourgeois state; they are daily and hourly
|
||||
enslaved by the machine, by the over-looker, and, above all, by the individual
|
||||
bourgeois manufacturer himself. The more openly this despotism proclaims gain
|
||||
to be its end and aim, the more petty, the more hateful and the more
|
||||
embittering it is.
|
||||
|
||||
The less the skill and exertion of strength implied in manual labor, in
|
||||
other words, the more modern industry develops, the more is the labor of men
|
||||
superseded by that of women. Differences of age and sex have no longer any
|
||||
distinctive social validity for the working class. All are instruments of
|
||||
labor, more or less expensive to use, according to their age and sex.
|
||||
|
||||
No sooner has the laborer received his wages in cash, for the moment
|
||||
escaping exploitation by the manufacturer, than he is set upon by the other
|
||||
portions of the bourgeoisie, the landlord, the shopkeeper, the pawnbroker,
|
||||
etc.
|
||||
|
||||
The lower strata of the middle class -- the small tradespeople,
|
||||
shopkeepers, and retired tradesmen generally, the handicraftsmen and peasants
|
||||
-- all these sink gradually into the proletariat, partly because their
|
||||
diminutive capital does not suffice for the scale on which modern industry is
|
||||
carried on, and is swamped in the competition with the large capitalists,
|
||||
partly because their specialized skill is rendered worthless by new methods of
|
||||
production. Thus the proletariat is recruited from all classes of the
|
||||
population.
|
||||
|
||||
The proletariat goes through various stages of development. With the
|
||||
birth begins its struggle with the bourgeoisie. At first the contest is
|
||||
carried on by individual laborers, then by the work people of a factory, then
|
||||
by the operatives of one trade, in one locality, against the individual
|
||||
bourgeois who directly exploits them. They direct their attacks not against
|
||||
the bourgeois conditions of production, but against the instruments of
|
||||
production themselves; they destroy imported wares that compete with their
|
||||
labor, they smash machinery to pieces, they set factories ablaze, they seek to
|
||||
restore by force the vanished status of the workman of the Middle Ages.
|
||||
|
||||
At this stage the laborers still form an incoherent mass scattered over
|
||||
the whole country, and broken up by their mutual competition. If anywhere
|
||||
they unite to form more compact bodies, this is not yet the consequence of
|
||||
their own active union, but the union of the bourgeoisie, which class, in
|
||||
order to attain its own political ends, is compelled to set the whole
|
||||
proletariat in motion, and is moreover still able to do so for a time. At
|
||||
this stage, therefore, the proletarians do not fight their enemies, but the
|
||||
enemies of their enemies, the remnants of absolute monarchy, the landowners,
|
||||
the non-industrial bourgeois, the petty bourgeois. Thus the whole historical
|
||||
movement is concentrated in the hands of the bourgeoisie; every victory so
|
||||
obtained is a victory for the bourgeoisie.
|
||||
|
||||
But with the development of industry the proletariat not only increases
|
||||
in number; it becomes concentrated in greater masses, its strength grows, and
|
||||
it feels that strength more. The various interests and conditions of life
|
||||
within the ranks of the proletariat are more and more equalized, in proportion
|
||||
as machinery obliterates all distinctions of labor and nearly everywhere
|
||||
reduces wages to the same low level. The growing competition among the
|
||||
bourgeois and the resulting commercial crises, make the wages of the workers
|
||||
ever more fluctuating. The unceasing improvement of machinery, ever more
|
||||
rapidly developing, make their livelihood more and more precarious; the
|
||||
collisions between individual workmen and individual bourgeois take more and
|
||||
more the character of collisions between two classes. Thereupon the workers
|
||||
begin to form combinations (trade unions) against the bourgeoisie; they club
|
||||
together in order to keep up the rate of wages; they found permanent
|
||||
associations in order to make provision beforehand for these occasional
|
||||
revolts. Here and there the contest breaks out into riots.
|
||||
|
||||
Now and then the workers are victorious, but only for a time. The real
|
||||
fruit of their battles lies, not in the immediate result, but in the ever
|
||||
expanding union of the workers. This union is furthered by the improve means
|
||||
of communication which are created by modern industry, and which place the
|
||||
workers of different localities in contact with one another. It was just this
|
||||
contact that was needed to centralize the numerous local struggles, all of the
|
||||
same character, into one national struggle between classes. But every class
|
||||
struggle is a political struggle. And that union, to attain which the
|
||||
burghers of the Middle Ages, with their miserable highways, required
|
||||
centuries, the modern proletarians, thanks to railways, achieve in a few
|
||||
years.
|
||||
|
||||
This organization of the proletarians into a class, and consequently
|
||||
into a political party, is continually being upset again by the competition
|
||||
between the workers themselves. But it ever rises up again, stronger, firmer,
|
||||
mightier. It compels legislative recognition of particular interests of the
|
||||
workers, by taking advantage of the divisions among the bourgeoisie itself.
|
||||
Thus the ten-hour bill in England was carried.
|
||||
|
||||
Altogether, collisions between the classes of the old society further
|
||||
the course of development of the proletariat in many ways. The bourgeoisie
|
||||
finds itself involved in a constant battle. At first with the aristocracy;
|
||||
later on, with those portions of the bourgeoisie itself whose interests have
|
||||
become antagonistic to the progress of industry; at all times with the
|
||||
bourgeoisie of foreign countries. In all these battles it sees itself
|
||||
compelled to appeal to the proletariat, to ask for its help, and thus, to drag
|
||||
it into the political arena. The bourgeoisie itself, therefore, supplies the
|
||||
proletariat with its own elements of political and general education, in other
|
||||
words, it furnishes the proletariat with weapons for fighting the bourgeoisie.
|
||||
|
||||
Further, as we have already seen, entire sections of the ruling classes
|
||||
are, by the advance of industry, precipitated into the proletariat, or are at
|
||||
least threatened in their conditions of existence. These also supply the
|
||||
proletariat with fresh elements of enlightenment and progress.
|
||||
|
||||
Finally, in times when the class struggle nears the decisive hour, the
|
||||
process of dissolution going on within the ruling class, in fact within the
|
||||
whole range of old society, assumes such a violent, glaring character, that a
|
||||
small section of the ruling class cuts itself adrift, and joins the
|
||||
revolutionary class, the class that holds the future in its hands. Just as,
|
||||
therefore, at an earlier period, a section of the nobility went over to the
|
||||
bourgeoisie, so now a portion of the bourgeois ideologists, who have raised
|
||||
themselves to the level of comprehending theoretically the historical movement
|
||||
as a whole.
|
||||
|
||||
Of all the classes that stand face to face with the bourgeoisie today,
|
||||
the proletariat alone is a really revolutionary class. The other classes
|
||||
decay and finally disappear in the face of modern industry; the proletariat is
|
||||
its special and essential product.
|
||||
|
||||
The lower middle class, the small manufacturer, the shopkeeper, the
|
||||
artisan, the peasant, all these fight against the bourgeoisie, to save from
|
||||
extinction their existence as fractions of the middle class. They are
|
||||
therefore not revolutionary, but conservative. Nay more, they are
|
||||
reactionary, for they try to roll back the wheel of history. If by chance
|
||||
they are revolutionary, they are so only in view of their impending transfer
|
||||
into the proletariat; they thus defend not their present, but their future
|
||||
interests; they desert their own standpoint to adopt that of the proletariat.
|
||||
|
||||
The "dangerous class," the social scum (Lumpenproletariat), that
|
||||
passively rotting mass thrown off by the lowest layers of old society, may,
|
||||
here and there, be swept into the movement by a proletarian revolution; its
|
||||
conditions of life, however, prepare it far more for the part of a bribed tool
|
||||
of reactionary intrigue.
|
||||
|
||||
The social conditions of the old society no longer exist for the
|
||||
proletariat. The proletarian is without property; his relation to his wife
|
||||
and children has no longer anything in common with the bourgeois family
|
||||
relations; modern industrial labor, modern subjection to capital, the same in
|
||||
England as in France, in America as in Germany, has stripped him of every
|
||||
trace of national character. Law, morality, religion, are to him so many
|
||||
bourgeois prejudices, behind which lurk in ambush just as many bourgeois
|
||||
interests.
|
||||
|
||||
All the preceding classes that got the upper hand, sought to fortify
|
||||
their already acquired status by subjecting society at large to their
|
||||
conditions of appropriation. The proletarians cannot become masters of the
|
||||
productive forces of society, except by abolishing their own previous mode of
|
||||
appropriation, and thereby also every other previous mode of appropriation.
|
||||
They have nothing of their own to secure and to fortify; their mission is to
|
||||
destroy all previous securities for, and insurances of, individual property.
|
||||
|
||||
All previous historical movements were movements of minorities, or in
|
||||
the interest of minorities. The proletarian movement is the self-conscious,
|
||||
independent movement of the immense majority, in the interest of the immense
|
||||
majority. The proletariat, the lowest stratum of our present society, cannot
|
||||
stir, cannot raise itself up, without the whole superincumbent strata of
|
||||
official society being sprung up into the air.
|
||||
|
||||
Though not in substance, yet in form, the struggle of the proletariat
|
||||
with the bourgeoisie is at first a national struggle. The proletariat of each
|
||||
country must, of course, first of all settle matters with its own bourgeoisie.
|
||||
|
||||
In depicting the most general phases of the development of the
|
||||
proletariat, we traced the more or less veiled civil war, raging within
|
||||
existing society, up to the point where that war breaks out into open
|
||||
revolution, and where the violent overthrow of the bourgeoisie lays the
|
||||
foundation for the sway of the proletariat.
|
||||
|
||||
Hitherto, every form of society has been based, as we have already seen,
|
||||
on the antagonism of oppressing and oppressed classes. But in order to
|
||||
oppress a class, certain conditions must be assured to it under which it can,
|
||||
at least, continue its slavish existence. The serf, in the period of serfdom,
|
||||
raised himself to membership in the commune, just as the petty bourgeois,
|
||||
under the yoke of feudal absolutism, managed to develop into a bourgeois. The
|
||||
modern laborer, on the contrary, instead of rising with the progress of
|
||||
industry, sinks deeper and deeper below the conditions of existence of his own
|
||||
class. He becomes a pauper, and it becomes evident, that the bourgeoisie is
|
||||
unfit any longer to be the ruling class in society, and to impose its
|
||||
conditions of existence upon society as an over-riding law. It is unfit to
|
||||
rule because it cannot help letting him sink into such a state, that it has to
|
||||
feed him, instead of being fed by him. Society can no longer live under the
|
||||
bourgeoisie, in other words, its existence is no longer compatible with
|
||||
society.
|
||||
|
||||
The essential condition for the existence and sway of the bourgeois
|
||||
class, is the formation and augmentation of capital; the condition for capital
|
||||
is wage-labor. Wage-labor rests exclusively on competition between the
|
||||
laborers. The advance of industry, whose involuntary promoter is the
|
||||
bourgeoisie, replaces the isolation of the laborers, due to competition, by
|
||||
their revolutionary combination, due to association. The development of
|
||||
modern industry, therefore, cuts from under its feet the very foundation on
|
||||
which the bourgeoisie produces and appropriates products. What the
|
||||
bourgeoisie therefore produces, above all, are its own grave-diggers. Its
|
||||
fall and the victory of the proletariat are equally inevitable.
|
||||
|
||||
|
||||
|
||||
|
||||
II. Proletarians and Communists
|
||||
|
||||
|
||||
In what relation do the Communists stand to the proletarians as a whole?
|
||||
|
||||
The Communists do not form a separate party opposed to other working
|
||||
class parties.
|
||||
|
||||
They have no interests separate and apart from those of the proletariat
|
||||
as a whole.
|
||||
|
||||
They do not set up any sectarian principles of their own, by which to
|
||||
shape and mold the proletarian movement.
|
||||
|
||||
The Communists are distinguished from the other working class parties by
|
||||
this only: 1. in the national struggles of the proletarians of the different
|
||||
countries, they point out and bring to the front the common interests of the
|
||||
entire proletariat, independently of all nationality. 2. In the various
|
||||
stages of development which the struggle of the working class against the
|
||||
bourgeoisie has to pass through, they always and everywhere represent the
|
||||
interests of the movement as a whole.
|
||||
|
||||
The Communists, therefore, are on the one hand, practically, the most
|
||||
advanced and resolute section of the working class parties of every country,
|
||||
that section which pushes forward all others; on the other hand,
|
||||
theoretically, they have over the great mass of the proletariat the advantage
|
||||
of clearly understanding the line of march, the conditions, and the ultimate
|
||||
general results of the proletarian movement.
|
||||
|
||||
The immediate aim of the Communists is the same as that of all the other
|
||||
proletarian parties: Formation of the proletariat into a class, overthrow of
|
||||
bourgeois supremacy, conquest of political power by the proletariat.
|
||||
|
||||
The theoretical conclusions of the Communists are in no way based on
|
||||
ideas or principles that have been invented, or discovered, by this or that
|
||||
would-be universal reformer.
|
||||
|
||||
They merely express, in general terms, actual relations springing from
|
||||
an existing class struggle, from a historical movement going on under our very
|
||||
eyes. The abolition of existing property relations is not at all a
|
||||
distinctive feature of Communism.
|
||||
|
||||
All property relations in the past have continually been subject to
|
||||
historical change consequent upon the change in historical conditions.
|
||||
|
||||
The French Revolution, for example, abolished feudal property in favor
|
||||
of bourgeois property.
|
||||
|
||||
The distinguishing feature of Communism is not the abolition of property
|
||||
generally, but the abolition of bourgeois property. But modern bourgeois
|
||||
private property is the final and most complete expression of the system of
|
||||
producing and appropriating products that is based on class antagonisms, on
|
||||
the exploitation of the many by the few.
|
||||
|
||||
In this sense, the theory of the Communists may be summed up in the
|
||||
single sentence: Abolition of private property.
|
||||
|
||||
We Communists have been reproached with the desire of abolishing the
|
||||
right of personally acquiring property as the fruit of a man's own labor,
|
||||
which property is alleged to be the groundwork of all personal freedom,
|
||||
activity and independence.
|
||||
|
||||
Hard-won, self-acquired, self-earned property! Do you mean the property
|
||||
of the petty artisan and of the small peasant, a form of property that
|
||||
preceded the bourgeois form? There is no need to abolish that, the
|
||||
development of industry has to a great extent already destroyed it, and is
|
||||
still destroying it daily.
|
||||
|
||||
Or do you mean modern bourgeois private property?
|
||||
|
||||
But does wage-labor create any property for the laborer? Not a bit. It
|
||||
creates capital, i.e., that kind of property which exploits wage-labor, and
|
||||
which cannot increase except upon the condition of begetting a new supply of
|
||||
wage-labor for fresh exploitation. property, in it present form, is based on
|
||||
the antagonism of capital and wage-labor. let us examine both sides of this
|
||||
antagonism.
|
||||
|
||||
To be a capitalist, is to have not only a purely personal, but a social
|
||||
status in production. Capital is a collective product, and only the united
|
||||
action of many members, nay, in the last resort, only by the united action of
|
||||
all members of society, can it be set in motion.
|
||||
|
||||
Capital is therefore not personal, it is a social, power.
|
||||
|
||||
When, therefore, capital is converted into common property, into the
|
||||
property of all members of society, personal property is not thereby
|
||||
transformed into social property. It is only the social character of the
|
||||
property that is now changed. It loses its class character.
|
||||
|
||||
Let us now take wage-labor.
|
||||
|
||||
The average price of wage-labor is the minimum wage, i.e. that quantum
|
||||
of the means of subsistence which is absolutely requisite to keep the laborer
|
||||
in bare existence as a laborer. What, therefore, the wage-laborer
|
||||
appropriates by means of his labor, merely suffices to prolong and reproduce a
|
||||
bare existence. We by no means intend to abolish this personal appropriation
|
||||
of the products of labor, an appropriation that is made for the maintenance
|
||||
and reproduction of human life, and that leaves no surplus wherewith to
|
||||
command the labor of others. All that we want to do away with is the
|
||||
miserable character of this appropriation, under which the laborer lives
|
||||
merely to increase capital, and is allowed to live only insofar as the
|
||||
interest of the ruling class requires it.
|
||||
|
||||
In bourgeois society, living labor is but a means to increase
|
||||
accumulated labor. In Communist society, accumulated labor is but a means to
|
||||
widen, to enrich, to promote the existence of the laborer.
|
||||
|
||||
In bourgeois society, therefore, the pas dominates the present; in
|
||||
Communist society, the present dominates the past. In bourgeois society
|
||||
capital is independent and has individuality, while the living person is
|
||||
dependent and has no individuality.
|
||||
|
||||
And the abolition of this state of things is called by the bourgeoisie,
|
||||
abolition of individuality and freedom! And rightly so. The abolition of
|
||||
bourgeois individuallity, bourgeois independence, and bourgeois freedom is
|
||||
undoubtedly aimed at.
|
||||
|
||||
By freedom is meant, under the present bourgeois conditions of
|
||||
production, free trade, free selling and buying.
|
||||
|
||||
But if selling and buying disappears, free selling and buying disappears
|
||||
also. This talk about free selling and buying, and all the other "brave
|
||||
words" of our bourgeoisie about freedom in general, have a meaning, if any,
|
||||
only in contrast with restricted selling and buying, with the fettered traders
|
||||
of the Middle Ages, but have no meaning when opposed to the Communist
|
||||
abolition of buying and selling, of the bourgeois conditions of production,
|
||||
and of the bourgeoisie itself.
|
||||
|
||||
You are horrified at our intending to do away with private property.
|
||||
But in your existing society, private property is already done away with for
|
||||
nine-tenths of the population; its existence for the few is solely due to its
|
||||
non-existence in the hands of the nine-tenths. You reproach us, therefore,
|
||||
with intending to do away with a form of property, the necessary condition for
|
||||
whose existence is the non-existence of any property for the immense majority
|
||||
of society.
|
||||
|
||||
In a word, you reproach us with intending to do away with your property.
|
||||
Precisely so; that is just what we intend.
|
||||
|
||||
From the moment when labor can no longer be converted into capital,
|
||||
money, or rent, into a social power capable of being monopolized, i.e., from
|
||||
the moment when individual property can no longer be transformed into
|
||||
bourgeois property, into capital, from that moment, you say, individuality
|
||||
vanishes.
|
||||
|
||||
You must, therefore, confess that by "individual" you mean no other
|
||||
person than the bourgeois, than the middle class owner of property. This
|
||||
person must, indeed, be swept out of the way, and made impossible.
|
||||
|
||||
Communism deprives no man of the power to appropriate the products of
|
||||
society; all that it does is to deprive him of the power to subjugate the
|
||||
labor of others by means of such appropriation.
|
||||
|
||||
It has been objected, that upon the abolition of private property all
|
||||
work will cease, and universal laziness will overtake us.
|
||||
|
||||
According to this, bourgeois society ought long ago to have gone to the
|
||||
dogs through sheer idleness; for those of its members who work, acquire
|
||||
noting, and those who acquire anything, do not work. The whole of this
|
||||
objection is but another expression of the tautology: There can no longer be
|
||||
any wage-labor when there is no longer any capital.
|
||||
|
||||
All objections urged against the Communist mode of producing and
|
||||
appropriating material products, have, in the same way, been urged against the
|
||||
Communist modes of producing and appropriating intellectual products. Just
|
||||
as, to the bourgeois, the disappearance of class property is the disappearance
|
||||
of production itself, so the disappearance of class culture is to him
|
||||
identical with the disappearance of all culture.
|
||||
|
||||
That culture, the loss of which he laments is, for the enormous
|
||||
majority, a mere training to act as a machine.
|
||||
|
||||
But don't wrangle with us so long as you apply, to our intended
|
||||
abolition of bourgeois property, the standard of your bourgeois notions of
|
||||
freedom, culture, law, etc. Your very ideas are but the outgrowth of the
|
||||
conditions of your bourgeois production and bourgeois property, just as your
|
||||
jurisprudence is but the will of your class made into a law for all, a will
|
||||
whose essential character are determined by the economic conditions of
|
||||
existence of your class.
|
||||
|
||||
The selfish misconception that induces you to transform into eternal
|
||||
laws of nature and of reason, the social forms springing from your present
|
||||
mode of production and form of property -- historical relations that rise and
|
||||
disappear in the progress of production -- this misconception you share with
|
||||
every ruling class that has preceded you. What you see clearly in the case of
|
||||
ancient property, what you admit in the case of feudal property, you are of
|
||||
course forbidden to admit in the case of your own bourgeois form of property.
|
||||
|
||||
Abolition of the family! Even the most radical flare up at this
|
||||
infamous proposal of the Communists.
|
||||
|
||||
On what foundation is the present family, the bourgeois family, based?
|
||||
On capital, on private gain. In its completely developed form this family
|
||||
exists only among the bourgeoisie. But this state of things finds its
|
||||
complement in the practical absence of the family among the proletarians, and
|
||||
in public prostitution.
|
||||
|
||||
The bourgeois family will vanish as a matter of course when its
|
||||
complement vanishes, and both will vanish with the vanishing of capital.
|
||||
|
||||
Do you charge us with wanting to stop the exploitation of children by
|
||||
their parents? To this crime we plead guilty.
|
||||
|
||||
But, you will say, we destroy the most hallowed of relations, when we
|
||||
replace home education by social.
|
||||
|
||||
And your education! Is not that also social, and determined by the
|
||||
social conditions under which you educate, by the intervention of society,
|
||||
dire or indirect, by means of schools, etc.? The Communists have not invented
|
||||
the intervention of society in education; they do but seek to alter the
|
||||
character of that intervention, and to rescue education from the influence of
|
||||
the ruling class.
|
||||
|
||||
The bourgeois claptrap about the family and education, about the
|
||||
hallowed co-relation of parent and child, becomes all the more disgusting, the
|
||||
more, by the action of modern industry, all family ties among the proletarians
|
||||
are torn asunder, and their children are transformed into simple articles of
|
||||
commerce and instruments of labor.
|
||||
|
||||
But you Communists would introduce community of women, screams the whole
|
||||
of the bourgeoisie in chorus.
|
||||
|
||||
The bourgeois sees in his wife a mere instrument of production. He
|
||||
hears that the instruments of production are to be exploited in common, and,
|
||||
naturally, can come to no other conclusion than that the lot of being common
|
||||
to all will likewise fall to the women.
|
||||
|
||||
He has not even a suspicion that the real point aimed at is to do away
|
||||
with the status of women as mere instruments of production.
|
||||
|
||||
For the rest, noting is more ridiculous than the virtuous indignation of
|
||||
our bourgeois at the community of women which, they pretend, is to be openly
|
||||
and officially established by the Communists. The Communists have no need to
|
||||
introduce community of women; it has existed almost from time immemorial.
|
||||
|
||||
Our bourgeois, not content with having the wives and daughters of their
|
||||
proletarians at their disposal, not to speak of common prostitutes, take the
|
||||
greatest pleasure in seducing each other's wives.
|
||||
|
||||
Bourgeois marriage is in reality a system of wives in common and thus,
|
||||
at the most, what the Communists might possibly be reproached with is that
|
||||
they desire to introduce, in substitution for a hypocritically concealed, an
|
||||
openly legalized community of women. For the rest, it is self-evident, that
|
||||
the abolition of the present system of production must bring with it the
|
||||
abolition of the community of women springing from that system, i.e., of
|
||||
prostitution in both public and private.
|
||||
|
||||
The Communists are further reproached with desiring to abolish countries
|
||||
and nationality.
|
||||
|
||||
The workingmen have no country. We cannot take from them what they have
|
||||
not got. Since the proletariat must first of all acquire political supremacy,
|
||||
must rise to be the leading class of the nation, must constitute itself the
|
||||
nation, it is, so far, itself national, though not in the bourgeois sense of
|
||||
the word.
|
||||
|
||||
National differences and antagonisms between peoples are vanishing
|
||||
gradually from day to day, owing to the development of the bourgeoisie, to
|
||||
freedom of commerce, to the world market, to uniformity in the mode of
|
||||
production and in the conditions of life corresponding thereto.
|
||||
|
||||
The supremacy of the proletariat will cause them to vanish still faster.
|
||||
united action, of the leading civilized countries at least, is one of the
|
||||
first conditions for the emancipation of the proletariat.
|
||||
|
||||
In proportion as the exploitation of one individual by another is put an
|
||||
end to, the exploitation of one nation by another will also be put an end to.
|
||||
In proportion as the antagonism between classes within the nation vanishes,
|
||||
the hostility of one nation to another will come to an end.
|
||||
|
||||
The charges against Communism made from a religious, a philosophical,
|
||||
and, generally, from an ideological standpoint, are not deserving of serious
|
||||
examination.
|
||||
|
||||
Does it require deep intuition to comprehend that man's ideas, views,
|
||||
and conceptions, in one word, man's consciousness, changes with every change
|
||||
in the conditions of his material existence, in his social relations and in
|
||||
his social life?
|
||||
|
||||
What else does the history of ideas prove, than that intellectual
|
||||
production changes its character in proportion as material production is
|
||||
changed? The ruling ideas of each age have ever been the ideas of its ruling
|
||||
class.
|
||||
|
||||
When people speak of ideas that revolutionize society, they do but
|
||||
express the fact that within the old society the elements of a new one have
|
||||
been created, and that the dissolution of the old ideas keeps even pace with
|
||||
the dissolution of the old conditions of existence.
|
||||
|
||||
When the ancient world was in its last throes, the ancient religions
|
||||
were overcome by Christianity. When Christian ideas succumbed in the 18th
|
||||
century to rationalist ideas, feudal society fought its death-battle with the
|
||||
then revolutionary bourgeoisie. The ideas of religious liberty and freedom of
|
||||
conscience, merely gave expression to the sway of free competition within the
|
||||
domain of knowledge.
|
||||
|
||||
"Undoubtedly," it will be said, "religion, moral, philosophical and
|
||||
juridical ideas have been modified in the course of historical development.
|
||||
But religion, morality, philosophy, political science, and law, constantly
|
||||
survived this change.
|
||||
|
||||
"There are, besides, eternal truths, such as Freedom, Justice, etc.,
|
||||
that are common to all states of society. But Communism abolishes eternal
|
||||
truths, it abolishes all religion, and all morality, instead of constituting
|
||||
them on a new basis; it therefore acts in contradiction to all pas historical
|
||||
experience."
|
||||
|
||||
What does this accusation reduce itself to? The history of all past
|
||||
society has consisted in the development of class antagonisms, antagonisms
|
||||
that assumed different forms at different epochs.
|
||||
|
||||
But whatever form they may have taken, one fact is common to all past
|
||||
ages, viz., the exploitation of one part of society by the other no wonder,
|
||||
then, that the social consciousness of past ages, despite all the multiplicity
|
||||
and variety it displays, moves with certain common forms, or general ideas,
|
||||
which cannot completely vanish except with the total disappearance of class
|
||||
antagonisms.
|
||||
|
||||
The Communist revolution is the most radical rupture with traditional
|
||||
property relations; no wonder that its development involves the most radical
|
||||
rupture with traditional ideas.
|
||||
|
||||
But let us have done with the bourgeois objections to Communism.
|
||||
|
||||
We have seen above, that the first step in the revolution by the working
|
||||
class, is to raise the proletariat to the position of ruling class, to
|
||||
establish democracy.
|
||||
|
||||
The proletariat will use its political supremacy to wrest, by degrees,
|
||||
all capital from the bourgeoisie, to centralize all instruments of production
|
||||
in the hands of the state, i.e. of the proletariat organized as the ruling
|
||||
class; and to increase the total of productive forces as rapidly as possible.
|
||||
|
||||
Of course, in the beginning, this cannot be effected except by means of
|
||||
despotic inroads on the rights of property, and on the conditions of bourgeois
|
||||
production; by means of measures, therefore, which appear economically
|
||||
insufficient and untenable, but which, in the course of the movement, outstrip
|
||||
themselves, necessitate further inroads upon the old social order, and are
|
||||
unavoidable as a means of entirely revolutionizing the mode of production.
|
||||
|
||||
These measures will of course be different in different countries.
|
||||
|
||||
Nevertheless in the most advanced countries, the following will be
|
||||
pretty generally applicable.
|
||||
|
||||
1. Abolition of property in land and application of all rents of land to
|
||||
public purposes.
|
||||
|
||||
2. A heavy progressive or graduated income tax.
|
||||
|
||||
3. Abolition of all right of inheritance.
|
||||
|
||||
4. Confiscation of the property of all emigrants and rebels.
|
||||
|
||||
5. Centralization of credit in the hands of the state, by means of a
|
||||
national bank with state capital and an exclusive monopoly.
|
||||
|
||||
6. Centralization of the means of communication and transport in the hands
|
||||
of the state.
|
||||
|
||||
7. Extension of factories and instruments of production owned by the state;
|
||||
the bringing into cultivation of waste lands, and the improvement of the
|
||||
soil generally in accordance with a common plan.
|
||||
|
||||
8. Equal obligation of all to work. Establishment of industrial armies,
|
||||
especially for agriculture.
|
||||
|
||||
9. Combination of agriculture with manufacturing industries; gradual
|
||||
abolition of the distinction between town and country, by a more equable
|
||||
distribution of population over the country.
|
||||
|
||||
10. Free education for all children in public schools. Abolition of child
|
||||
factory labor in its present form. Combination of education with
|
||||
industrial production, etc.
|
||||
|
||||
When, in the course of development, class distinctions have disappeared,
|
||||
and all production has been concentrated in the hands of a vast association of
|
||||
the whole nation, the public power will lose its political character.
|
||||
Political power, properly so called, is merely the organized power of one
|
||||
class for oppressing another. If the proletariat during its contest with the
|
||||
bourgeoisie is compelled, by the force of circumstances, to organize itself as
|
||||
a class; if, by means of a revolution, it makes itself the ruling class, and,
|
||||
as such sweeps away by force the old conditions of production, then it will,
|
||||
along with these conditions, have swept away the conditions for the existence
|
||||
of class antagonisms, and of classes generally, and will thereby have
|
||||
abolished its own supremacy as a class.
|
||||
|
||||
In place of the old bourgeois society, with its classes and class
|
||||
antagonisms, we shall have an association, in which the free development of
|
||||
each is the condition for the free development of all....
|
||||
|
||||
|
||||
|
||||
|
||||
[ Section III is omitted. ]
|
||||
|
||||
|
||||
|
||||
|
||||
IV. Position of the Communists in Relation to the Various Existing
|
||||
Opposition Parties
|
||||
|
||||
|
||||
Section II has made clear the relations of the Communists to the
|
||||
existing working class parties, such as the Chartists in England and the
|
||||
Agrarian Reformers in America.
|
||||
|
||||
The Communists fight for the attainment of the immediate aims, for the
|
||||
enforcement of the momentary interests of the working class; but in the
|
||||
movement of the present, they also represent and take care of the future of
|
||||
that movement. In France the Communists ally themselves with the Social-
|
||||
Democrats, against the conservative and radical bourgeoisie, reserving,
|
||||
however, the right to take up a critical position in regard to phrases and
|
||||
illusions traditionally handed down from the great Revolution.
|
||||
|
||||
In Switzerland they support the Radicals, without losing sight of the
|
||||
fact that this party consists of antagonistic elements, partly of Democratic
|
||||
Socialists, in the French sense, partly of radical bourgeois.
|
||||
|
||||
In Poland they support the party that insists on an agrarian revolution
|
||||
as the prime condition for national emancipation, that party which fomented
|
||||
the insurrection of Cracow in 1846.
|
||||
|
||||
In Germany they fight with the bourgeoisie whenever it acts in a
|
||||
revolutionary way, against the absolute monarchy, the feudal squirearchy, and
|
||||
the petty bourgeoisie.
|
||||
|
||||
But they never cease, for a single instant, to instill into the working
|
||||
class the clearest possible recognition of the hostile antagonism between
|
||||
bourgeoisie and proletariat, in order that the German workers may straightway
|
||||
use, as so many weapons against the bourgeoisie, the social and political
|
||||
conditions that the bourgeoisie must necessarily introduce along with its
|
||||
supremacy, and in order that, after the fall of the reactionary classes in
|
||||
Germany, the fight against the bourgeoisie itself may immediately begin.
|
||||
|
||||
The Communists turn their attention chiefly to Germany, because that
|
||||
country is on the eve of a bourgeois revolution that is bound to be carried
|
||||
out under more advanced conditions of European civilization and with a much
|
||||
more developed proletariat than what existed in England in the 17th and in
|
||||
France in the 18th century, and because the bourgeois revolution in Germany
|
||||
will be but the prelude to an immediately following proletarian revolution.
|
||||
|
||||
In short, the Communists everywhere support every revolutionary movement
|
||||
against the existing social and political order of things.
|
||||
|
||||
In all these movements they bring to the front, as the leading question
|
||||
in each case, the property question, no matter what its degree of development
|
||||
at the time.
|
||||
|
||||
Finally, they labor everywhere for the union and agreement of the
|
||||
democratic parties of all countries.
|
||||
|
||||
The Communists disdain to conceal their views and aims. They openly
|
||||
declare that their ends can be attained only by the forcible overthrow of all
|
||||
existing social conditions. Let the ruling classes tremble at a Communist
|
||||
revolution. The proletarians have nothing to lose but their chains. They
|
||||
have a world to win.
|
||||
|
||||
Workingmen of all countries, unite!
|
||||
|
||||
274
textfiles.com/politics/commnlaw.txt
Normal file
274
textfiles.com/politics/commnlaw.txt
Normal file
@@ -0,0 +1,274 @@
|
||||
Newsgroups: alt.conspiracy
|
||||
From: ajteel@dendrite.cs.Colorado.EDU (A.J. Teel)
|
||||
Subject: Re: Enforcement of Early Common Law
|
||||
Message-ID: <1993Mar17.024330.14586@colorado.edu>
|
||||
Organization: Universtiy of Coloardo, Boulder
|
||||
Date: Wed, 17 Mar 1993 02:43:30 GMT
|
||||
Lines: 263
|
||||
|
||||
>So are you calling for a return to trial by ordeal? Why do you find
|
||||
>millenium-old common law so desireable?
|
||||
|
||||
Why do you find our "new" statutory law so desirable? So where
|
||||
did you get the idea that Common-Law is "trial by ordeal"? Is small
|
||||
claims court, "trial by ordeal"? This Common-Law was the ONLY LAW when
|
||||
the Const. was created and it WAS ONLY CREATED TO LIMIT THE POWERS
|
||||
OF GOVERNMENT.
|
||||
|
||||
Compare the idea of "Common-Law" which is what the Constitution *for*
|
||||
the United States of America is BASED UPON and the corrupt, politically
|
||||
expedient "statutory" or "Vice-Admiralty" law that was never the intention
|
||||
of the framers of the Const.
|
||||
|
||||
Please, please place me in your kill file or read the items I am
|
||||
posting, one or the other. Thanks. I do look forward to THOUGHTFUL
|
||||
discussions with you in the future.
|
||||
|
||||
+=============================================================================+
|
||||
| D I S C L A I M E R |
|
||||
+------------------------------------oooOooo----------------------------------+
|
||||
| The sender of this message is not responsible for and does not necessarily |
|
||||
| agree with the content or opinions contained herein. Mail will be forwarded |
|
||||
| to the source identified, if any. This is for "information purposes only", |
|
||||
| has not necessarily been verified or tested in any way, and "should not be |
|
||||
| construed as legal advise". Your comments and responses are encouraged. |
|
||||
| Please Email to "ajteel@dendrite.cs.colorado.EDU" instead of replying here. |
|
||||
| With Explicit Reservation of All Rights, UCC 1-207, A. J. Teel, Sui Juris. |
|
||||
+=============================================================================+
|
||||
|
||||
[START OF DOCUMENT: fl870402.txt.lis ]
|
||||
|
||||
|
||||
How We Lost Our Common Law Heritage
|
||||
|
||||
by Richard J. Maybury
|
||||
|
||||
Two Kinds of Law
|
||||
|
||||
As a public school teacher and economic textbook writer, I saw that
|
||||
government control of the school system causes a "chilling" effect.
|
||||
Teachers and textbook publishers are reluctant to teach anything that might
|
||||
raise the eyebrows of the bureaucrats.
|
||||
|
||||
Any serious criticism of government is omitted from the student's lessons.
|
||||
Huge amounts of vitally important information about law and political power
|
||||
are not passed on to the next generation.
|
||||
|
||||
Because of this chilling effect, Americans are no longer taught that there
|
||||
are two kinds of legal systems, political and scientific.
|
||||
|
||||
Many of America's "Founding Fathers" in 1776 were lawyers, and they took
|
||||
care to insure that their new country would be founded on the principles of
|
||||
scientific law. But these principles have now been swept from the legal
|
||||
system, and from the schools and colleges. What we are taught today is
|
||||
political law.
|
||||
|
||||
To understand the differences between a scientific legal system and a
|
||||
political one, it is necessary to know how scientific law developed.
|
||||
|
||||
Scientific Jurisprudence.
|
||||
|
||||
Fifteen centuries ago the Roman Empire had collapsed. Barbarians had
|
||||
overrun Europe and set up feudal governments.
|
||||
|
||||
These feudal governments were bloodthirsty and brutal, but they had one
|
||||
virtue: they were lazy. They had little interest in the day-to-day
|
||||
affairs of the common people. as long as the commoners paid taxes and
|
||||
fought wars, their new governments left them alone.
|
||||
|
||||
This meant in many kingdoms there were no government court systems.
|
||||
Whenever two individuals had a dispute, they had to work it out on their
|
||||
own. We can imagine what happened. Disputes often led to brawls or worse.
|
||||
After several bloody incidents, the commoners would begin looking for ways
|
||||
to avoid violence. When two individuals had a dispute, their families and
|
||||
friends would gather round and tell them to find some neutral third party
|
||||
to listen to their stories and make a decision.
|
||||
|
||||
Legal historians tell us the most highly respected and neutral third party
|
||||
in the community was usually a clergyman. The disputants would be brought
|
||||
before this clergyman and he would listen to both sides of the story. The
|
||||
clergyman would then consult moral guidelines, and make a decision. This
|
||||
decision would become a precedent for later decisions.
|
||||
|
||||
As decades passed, the precedents were written down and kept in a safe
|
||||
place. Persons who were not too clear about how to handle an unusual
|
||||
business transaction or some other sticky matter could consult them to
|
||||
better plan ahead and avoid problems.
|
||||
|
||||
Eventually, some of the clergymen became so skilled at listening to cases
|
||||
that they acquired considerable prestige. Demand for their services grew,
|
||||
and they became full-time judges. The body of precedents they produced
|
||||
became the law of common useage, the "common law".
|
||||
|
||||
In its early years, common law was a private legal system completely
|
||||
independent of government. This is important. Students are taught that
|
||||
law and government are virtually the same thing, but this is quite wrong.
|
||||
Law and government are two very different institutions and they do not
|
||||
necessarily go together. Law is a service; government is force.
|
||||
|
||||
Two Fundamental Laws
|
||||
|
||||
A major problem a common law judge encountered was disputes between persons
|
||||
from different communities or of different religions. Guidelines on which
|
||||
cases were decided had to be those which all persons held in common.
|
||||
|
||||
There are two fundamental laws on which all major religions and
|
||||
philosophies agree: (1) do what you have agreed to do, and, (2) do not
|
||||
encroach on others or their property.
|
||||
|
||||
Common law was the body of definitions and procedures growing out of these
|
||||
two laws: "Do what you have agreed to do" was the basis of contract law;
|
||||
"do not encroach on others or their property" was the basis of criminal and
|
||||
tort law.
|
||||
|
||||
This is how common law became the source of all our basic laws against
|
||||
theft, fraud, kidnapping, murder, etc. These acts were not made illegal by
|
||||
Congress; they were prohibited by centuries-old common law principles.
|
||||
|
||||
Legal Consistency
|
||||
|
||||
A skilled common law judge would try to make all his decisions logically
|
||||
consistent with the two fundamental laws. Common law was not only a
|
||||
private legal system, it was a scientific one. Abraham Lincoln considered
|
||||
`Euclid's Geometry' to be one of his most important law books; he studied
|
||||
it to be sure the logic of his cases was airtight.
|
||||
|
||||
One of the most important characteristics of common law was its certainty.
|
||||
It had evolved very carefully over many centuries, changing little from one
|
||||
decade to the next. The two fundamental laws remained always in place, a
|
||||
stabilizing force. The community could expect their legal environment to
|
||||
remain reasonably orderly.
|
||||
|
||||
In fact, common law was so logical and sensible that the typical American
|
||||
could study and understand it! It was regarded as a source of wisdom.
|
||||
|
||||
The great British statesman Edmund Burke said of early America, "In no
|
||||
country, perhaps, in the world, is law so general a study." He observed
|
||||
that "all who read, and most do read, endeavor to obtain some smattering in
|
||||
that science. I have been told by an eminent bookseller, that in no branch
|
||||
of his business ... were so many books as those on law exported to the
|
||||
colonies."
|
||||
|
||||
A British general trying to govern America in the 1700s complained that
|
||||
Americans were impossible to buffalo; they were all lawyers.
|
||||
|
||||
Political Law
|
||||
|
||||
Political law is the opposite of common law. Based on political power --
|
||||
brute force -- not on the two fundamental laws. It is crude and primitive.
|
||||
It has no requirement for logic or morality. It changes whenever the
|
||||
political wind changes. Fickle and tangled; no one can completely
|
||||
understand it.
|
||||
|
||||
Democracy or dictatorship, it doesn't matter; political law is arbitrary.
|
||||
You do whatever the powerholders say, or else. Right or wrong.
|
||||
|
||||
This is why majority rule is mob rule. The majority is as human as any
|
||||
dictator. Like the dictator, they do not necessarily vote for what is
|
||||
right; they vote for what they want.
|
||||
|
||||
Their wants change constantly, so political power destroys businessmen's
|
||||
ability to plan ahead. James Madison asked in the `Federalist Papers',
|
||||
"What prudent merchant will hazard his fortunes in any new branch of
|
||||
commerce when he knows not that his plans may be rendered unlawful before
|
||||
they can be executed?"
|
||||
|
||||
The American Revolution was fought over the difference between scientific
|
||||
law and political law. Government officials had encroached into the
|
||||
private business, lives, and property of the colonists, and the colonists
|
||||
resented this. "All men are created equal". God has given no one special
|
||||
permission to encroach on others, government included.
|
||||
|
||||
The leaders of the American revolution believed common law was superior to
|
||||
political law. After the revolution, they created the Bill of Rights and
|
||||
other documents based on common law principles. The goal was to make the
|
||||
superiority of these principles permanent, and to restrain government's
|
||||
efforts efforts otherwise.
|
||||
|
||||
Discovery vs. Enactment
|
||||
|
||||
The founder's understanding of the scientific nature of common law can be
|
||||
seen in this statement by Thomas Paine: "Man cannot make principles, he
|
||||
can only discover them."
|
||||
|
||||
Common law was a process of discovery: There were courts before there was
|
||||
law.
|
||||
|
||||
The premise of common law was that there is a Higher Law than political
|
||||
law; the judges tried to discover and apply this Law. It was carefully,
|
||||
logically, worked out, case after case, century after century, much like
|
||||
the laws of physics or chemistry.
|
||||
|
||||
Political law is an enactment process. Legislators -- lawmakers -- make
|
||||
changes according to whatever political pressures they happen to be feeling
|
||||
at the moment. Something that seems right today can be very wrong
|
||||
tomorrow. In fact, under political law the frequent redefining of right
|
||||
and wrong is considered necessary; during re-election lawmakers proudly
|
||||
boast of the number of new laws they have enacted.
|
||||
|
||||
In short, we now live in a world where it is assumed politicians have some
|
||||
divine power to make law. In 1788, Patrick Henry realized this could
|
||||
happen. During his struggle to prevent creation of a federal government he
|
||||
warned that "Congress, from their general powers, may fully go into the
|
||||
business of human legislation." Henry's warning was ignored, of course,
|
||||
and today's burdensomely insane legal system is the consequence.
|
||||
|
||||
`Business Week' says that each year in the U.S. there are more than 100,000
|
||||
new laws, rules and regulations enacted. This is a primary reason the
|
||||
economy is a shambles. Tax rates, money supply, trade restrictions,
|
||||
licensing laws, and thousands of other factors are stirred around in a
|
||||
witch's brew of regulation.
|
||||
|
||||
Much of this brew is lunacy. In `The Trenton Pickle Ordinance and Other
|
||||
Bonehead Legislation', newsman Dick Hyman cites 600 examples of our
|
||||
political law. In Massachusetts, says Hyman, it is illegal to put tomatoes
|
||||
in clam chowder. [The FOUNDATION Editorial Staff agrees that some stern
|
||||
measures are necessary in this instance.] A Texas law says that when two
|
||||
trains meet at a railroad crossing, each shall come to a full stop and
|
||||
neither shall proceed until the other has gone. The Arkansas legislature
|
||||
once enacted a law forbidding the Arkansas River to rise higher than a
|
||||
certain limit.
|
||||
|
||||
Go back and reread Edmund Burke's remark about our forefather's study of
|
||||
law. Notice Burke refers to law as a science. Would any sane person today
|
||||
call our law a science?
|
||||
|
||||
Observe Hong Cong. A magnet for Red China's impoverished victims of
|
||||
socialism. This city is often cited as a model of free-market
|
||||
effectiveness; it's one of the most prosperous cities in Asia, yet most in
|
||||
Hong Kong know nothing of free-market economics. The city's legal system
|
||||
just happens to be based on British common law principles.
|
||||
|
||||
Common law was not perfect, but it was consciously aimed in a specific
|
||||
direction; that of truth and justice. Political law has no aim at all,
|
||||
other than to obtain and use political power for whatever purposes the
|
||||
powerholders decide. Common law historically has had strong popular
|
||||
support, indeed it was the principle upon which this country was founded.
|
||||
It weathered continuous political assault until the politically
|
||||
manufactured exigencies of the New Deal finally overwhelmed it.
|
||||
|
||||
Liberty vs. Permission
|
||||
|
||||
We free-market advocates should bear in mind that under political law
|
||||
people have no genuine liberties; only permissions. We do not have freedom
|
||||
of speech -- we have permission to speak. We do not have freedom to trade
|
||||
-- we have licensed permission to trade. These permissions can be
|
||||
restricted or revoked at the whim of the powerholders. Indeed, under
|
||||
political law we really have no more political liberty than do the Soviets;
|
||||
just more permissions at the moment.
|
||||
|
||||
Under scientific law, the individual's fundamental rights to life, liberty,
|
||||
and property were held to be gifts granted by the Creator; they could not
|
||||
be infringed. Says Arthur R. Hogue in `Origins of the Common Law', "The
|
||||
common law is marked by a doctrine of the supremacy of law ... All agencies
|
||||
of government must act upon established principles ... The king, like his
|
||||
subjects, was under the law."
|
||||
|
||||
Our attempt to rescue civilization will fail if we continue living under
|
||||
political law. Even if hundreds of reforms are enacted, the next group of
|
||||
politicians can easily use political law to overturn them.
|
||||
|
||||
[Edited from `Freedom League Newsletter', Apr/May 1987]
|
||||
|
||||
[END OF DOCUMENT: fl870402.txt.lis ]
|
||||
|
||||
237
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|
||||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||||
|
||||
LEGAL OVERVIEW
|
||||
|
||||
THE ELECTRONIC FRONTIER AND THE BILL OF RIGHTS
|
||||
|
||||
Advances in computer technology have brought us to a new frontier in
|
||||
communications, where the law is largely unsettled and woefully
|
||||
inadequate to deal with the problems and challenges posed by electronic
|
||||
technology. How the law develops in this area will have a direct impact
|
||||
on the electronic communications experiments and innovations being
|
||||
devised day in and day out by millions of citizens on both a large and
|
||||
small scale from coast to coast. Reasonable balances have to be struck
|
||||
among:
|
||||
|
||||
% traditional civil liberties
|
||||
% protection of intellectual property
|
||||
% freedom to experiment and innovate
|
||||
% protection of the security and integrity of computer
|
||||
systems from improper governmental and private
|
||||
interference.
|
||||
|
||||
Striking these balances properly will not be easy, but if they are
|
||||
struck too far in one direction or the other, important social and legal
|
||||
values surely will be sacrificed.
|
||||
|
||||
Helping to see to it that this important and difficult task is done
|
||||
properly is a major goal of the Electronic Frontier Foundation. It is
|
||||
critical to assure that these lines are drawn in accordance with the
|
||||
fundamental constitutional rights that have protected individuals from
|
||||
government excesses since our nation was founded -- freedom of speech,
|
||||
press, and association, the right to privacy and protection from
|
||||
unwarranted governmental intrusion, as well as the right to procedural
|
||||
fairness and due process of law.
|
||||
|
||||
The First Amendment
|
||||
|
||||
The First Amendment to the United States Constitution prohibits the
|
||||
government from "abridging the freedom of speech, or of the press," and
|
||||
guarantees freedom of association as well. It is widely considered to
|
||||
be the single most important of the guarantees contained in the Bill of
|
||||
Rights, since free speech and association are fundamental in securing
|
||||
all other rights.
|
||||
|
||||
The First Amendment throughout history has been challenged by every
|
||||
important technological development. It has enjoyed only a mixed record
|
||||
of success. Traditional forms of speech -- the print media and public
|
||||
speaking -- have enjoyed a long and rich history of freedom from
|
||||
governmental interference. The United States Supreme Court has not
|
||||
afforded the same degree of freedom to electronic broadcasting,
|
||||
however.
|
||||
|
||||
Radio and television communications, for example, have been subjected to
|
||||
regulation and censorship by the Federal Communications Commission
|
||||
(FCC), and by the Congress. The Supreme Court initially justified
|
||||
regulation of the broadcast media on technological grounds -- since
|
||||
there were assumed to be a finite number of radio and television
|
||||
frequencies, the Court believed that regulation was necessary to prevent
|
||||
interference among frequencies and to make sure that scarce resources
|
||||
were allocated fairly. The multiplicity of cable TV networks has
|
||||
demonstrated the falsity of this "scarce resource" rationale, but the
|
||||
Court has expressed a reluctance to abandon its outmoded approach
|
||||
without some signal from Congress or the FCC.
|
||||
|
||||
Congress has not seemed overly eager to relinquish even
|
||||
counterproductive control over the airwaves. Witness, for example,
|
||||
legislation and rule-making in recent years that have kept even
|
||||
important literature, such as the poetry of Allen Ginsberg, from being
|
||||
broadcast on radio because of language deemed "offensive" to regulators.
|
||||
Diversity and experimentation have been sorely hampered by these rules.
|
||||
|
||||
The development of computer technology provides the perfect opportunity
|
||||
for lawmakers and courts to abandon much of the distinction between the
|
||||
print and electronic media and to extend First Amendment protections to
|
||||
all communications regardless of the medium. Just as the multiplicity
|
||||
of cable lines has rendered obsolete the argument that television has to
|
||||
be regulated because of a scarcity of airwave frequencies, so has the
|
||||
ready availability of virtually unlimited computer communication
|
||||
modalities made obsolete a similar argument for harsh controls in this
|
||||
area. With the computer taking over the role previously played by the
|
||||
typewriter and the printing press, it would be a constitutional disaster
|
||||
of major proportions if the treatment of computers were to follow the
|
||||
history of regulation of radio and television, rather than the history
|
||||
of freedom of the press.
|
||||
|
||||
To the extent that regulation is seen as necessary and proper, it should
|
||||
foster the goal of allowing maximum freedom, innovation and
|
||||
experimentation in an atmosphere where no one's efforts are sabotaged by
|
||||
either government or private parties. Regulation should be limited by
|
||||
the adage that quite aptly describes the line that separates reasonable
|
||||
from unreasonable regulation in the First Amendment area: "Your liberty
|
||||
ends at the tip of my nose."
|
||||
|
||||
As usual, the law lags well behind the development of technology. It is
|
||||
important to educate lawmakers and judges about new technologies, lest
|
||||
fear and ignorance of the new and unfamiliar, create barriers to free
|
||||
communication, expression, experimentation, innovation, and other such
|
||||
values that help keep a nation both free and vigorous.
|
||||
|
||||
The Fourth Amendment
|
||||
|
||||
The Fourth Amendment guarantees that "the right of the people to
|
||||
be secure in their persons, houses, papers, and effects, against
|
||||
unreasonable searches and seizures, shall not be violated, and no
|
||||
Warrants shall issue, but upon probable cause, supported by Oath
|
||||
or affirmation, and particularly describing the place to be
|
||||
searched, and the persons or things to be seized."
|
||||
|
||||
In short, the scope of the search has to be as narrow as
|
||||
possible, and there has to be good reason to believe that the
|
||||
search will turn up evidence of illegal activity.
|
||||
|
||||
The meaning of the Fourth Amendment's guarantee has evolved over time in
|
||||
response to changing technologies. For example, while the Fourth
|
||||
Amendment was first applied to prevent the government from trespassing
|
||||
onto private property and seizing tangible objects, the physical
|
||||
trespass rationale was made obsolete by the development of electronic
|
||||
eavesdropping devices which permitted the government to "seize" an
|
||||
individual's words without ever treading onto that person's private
|
||||
property. To put the matter more concretely, while the drafters of the
|
||||
First Amendment surely knew nothing about electronic databases, surely
|
||||
they would have considered one's database to be as sacrosanct as, for
|
||||
example, the contents of one's private desk or filing cabinet.
|
||||
|
||||
The Supreme Court responded decades ago to these types of technological
|
||||
challenges by interpreting the Fourth Amendment more broadly to prevent
|
||||
governmental violation of an individual's reasonable expectation of
|
||||
privacy, a concept that transcended the narrow definition of one's
|
||||
private physical space. It is now well established that an individual
|
||||
has a reasonable expectation of privacy, not only in his or her home
|
||||
and business, but also in private communications. Thus, for example:
|
||||
|
||||
% Government wiretapping and electronic eavesdropping are now limited
|
||||
by state and federal statutes enacted to effectuate and even to expand
|
||||
upon Fourth Amendment protections.
|
||||
|
||||
% More recently, the Fourth Amendment has been used, albeit with
|
||||
limited success, to protect individuals from undergoing certain random
|
||||
mandatory drug testing imposed by governmental authorities.
|
||||
|
||||
Advancements in technology have also worked in the opposite direction,
|
||||
to diminish expectations of privacy that society once considered
|
||||
reasonable, and thus have helped limit the scope of Fourth Amendment
|
||||
protections. Thus, while one might once have reasonably expected
|
||||
privacy in a fenced-in field, the Supreme Court has recently told us
|
||||
that such an expectation is not reasonable in an age of surveillance
|
||||
facilitated by airplanes and zoom lenses.
|
||||
|
||||
Applicability of Fourth Amendment to computer media
|
||||
|
||||
Just as the Fourth Amendment has evolved in response to changing
|
||||
technologies, so it must now be interpreted to protect the reasonable
|
||||
expectation of privacy of computer users in, for example, their
|
||||
electronic mail or electronically stored secrets. The extent to which
|
||||
government intrusion into these private areas should be allowed, ought
|
||||
to be debated openly, fully, and intelligently, as the Congress seeks to
|
||||
legislate in the area, as courts decide cases, and as administrative,
|
||||
regulatory, and prosecutorial agencies seek to establish their turf.
|
||||
|
||||
One point that must be made, but which is commonly misunderstood, is
|
||||
that the Bill of Rights seeks to protect citizens from privacy invasions
|
||||
committed by the government, but, with very few narrow exceptions, these
|
||||
protections do not serve to deter private citizens from doing what the
|
||||
government is prohibited from doing. In short, while the Fourth
|
||||
Amendment limits the government's ability to invade and spy upon private
|
||||
databanks, it does not protect against similar invasions by private
|
||||
parties. Protection of citizens from the depredations of other citizens
|
||||
requires the passage of privacy legislation.
|
||||
|
||||
The Fifth Amendment
|
||||
|
||||
The Fifth Amendment assures citizens that they will not "be deprived of
|
||||
life, liberty, or property, without due process of law" and that private
|
||||
property shall not "be taken for public use without just compensation."
|
||||
This Amendment thus protects both the sanctity of private property and
|
||||
the right of citizens to be proceeded against by fair means before they
|
||||
may be punished for alleged infractions of the law.
|
||||
|
||||
One aspect of due process of law is that citizens not be prosecuted for
|
||||
alleged violations of laws that are so vague that persons of reasonable
|
||||
intelligence cannot be expected to assume that some prosecutor will
|
||||
charge that his or her conduct is criminal. A hypothetical law, for
|
||||
example, that makes it a crime to do "that which should not be done",
|
||||
would obviously not pass constitutional muster under the Fifth
|
||||
Amendment. Yet the application of some existing laws to new situations
|
||||
that arise in the electronic age is only slightly less problematic than
|
||||
the hypothetical, and the Electronic Frontier Foundation plans to
|
||||
monitor the process by which old laws are modified, and new laws are
|
||||
crafted, to meet modern situations.
|
||||
|
||||
One area in which old laws and new technologies have already clashed and
|
||||
are bound to continue to clash, is the application of federal criminal
|
||||
laws against the interstate transportation of stolen property. The
|
||||
placement on an electronic bulletin board of arguably propriety computer
|
||||
files, and the "re-publication" of such material by those with access to
|
||||
the bulletin board, might well expose the sponsor of the bulletin board
|
||||
as well as all participants to federal felony charges, if the U.S.
|
||||
Department of Justice can convince the courts to give these federal laws
|
||||
a broad enough reading. Similarly, federal laws protecting against
|
||||
wiretapping and electronic eavesdropping clearly have to be updated to
|
||||
take into account electronic bulletin board technology, lest those who
|
||||
utilize such means of communication should be assured of reasonable
|
||||
privacy from unwanted government surveillance.
|
||||
|
||||
Summary
|
||||
|
||||
The problem of melding old but still valid concepts of constitutional
|
||||
rights, with new and rapidly evolving technologies, is perhaps best
|
||||
summed up by the following observation. Twenty-five years ago there was
|
||||
not much question but that the First Amendment prohibited the government
|
||||
from seizing a newspaper's printing press, or a writer's typewriter, in
|
||||
order to prevent the publication of protected speech. Similarly, the
|
||||
government would not have been allowed to search through, and seize,
|
||||
one's private papers stored in a filing cabinet, without first
|
||||
convincing a judge that probable cause existed to believe that evidence
|
||||
of crime would be found.
|
||||
|
||||
Today, a single computer is in reality a printing press, typewriter, and
|
||||
filing cabinet (and more) all wrapped up in one. How the use and output
|
||||
of this device is treated in a nation governed by a Constitution that
|
||||
protects liberty as well as private property, is a major challenge we
|
||||
face. How well we allow this marvelous invention to continue to be
|
||||
developed by creative minds, while we seek to prohibit or discourage
|
||||
truly abusive practices, will depend upon the degree of wisdom that
|
||||
guides our courts, our legislatures, and governmental agencies entrusted
|
||||
with authority in this area of our national life.
|
||||
|
||||
For further information regarding The Bill of Rights please contact:
|
||||
|
||||
Harvey Silverglate
|
||||
Silverglate & Good
|
||||
89 Broad Street, 14th Floor
|
||||
Boston, MA 02110
|
||||
617/542-6663
|
||||
|
||||
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
|
||||
|
||||
1224
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Normal file
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textfiles.com/politics/compsec
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File diff suppressed because it is too large
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390
textfiles.com/politics/computer
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textfiles.com/politics/computer
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|
||||
An Introduction to Computer Conferencing: a Look at Software
|
||||
Available in the Academic World
|
||||
------------------------------------------------------------
|
||||
Alex Cruz, M.S.
|
||||
Associate Consultant
|
||||
Center for Advanced Study American Airlines Decision Technologies
|
||||
in Telecommunications 4200 American Blvd.
|
||||
The Ohio State University Fort Worth, Texas 76155
|
||||
Columbus, Ohio 43210
|
||||
|
||||
This paper is intended to be an introduction to some of the concepts of
|
||||
computer conferencing as well as a guide to some of the existing
|
||||
conferencing software today. Even though the number of commercial
|
||||
users is increasing, the software described is mainly used in academic
|
||||
environments. It should provide novice users with the necessary concepts
|
||||
and leads to visualize the applications of computer conferencing in their
|
||||
fields. An special emphasis is placed on interactive computer
|
||||
conferencing.
|
||||
|
||||
|
||||
What is Computer Conferencing?
|
||||
------------------------------
|
||||
|
||||
The concept of computer conferencing is not new and lot of definitions
|
||||
have been given. It refers to the idea of establishing some type of
|
||||
communication with one or more people through a computer that is
|
||||
presumably connected to a network of other computers. The most basic
|
||||
way of computer conferencing can be two computers connected to each
|
||||
other through a wire.
|
||||
|
||||
The sophistication of computer conferencing is directly related to the
|
||||
amount of 'wire' used, the friendliness of the software used, the
|
||||
geographic location of the parties involved, the requirements of the
|
||||
information to be transmitted (simple documents, graphic files, etc) and
|
||||
the nature of the conference:
|
||||
|
||||
Types of Computer Conferencing
|
||||
------------------------------
|
||||
|
||||
Computer conferencing can be classified in many different ways but
|
||||
mainly two different variables define the types of computer conferencing
|
||||
best: the size of the audience and the amount of time involved in the
|
||||
question-response interval.
|
||||
|
||||
According to the first variable, there are three different types of computer
|
||||
conferencing:
|
||||
|
||||
- one-to-one: one person interacts in a direct way with another.
|
||||
- one-to-many: one person establishes communications with more than
|
||||
one person at a time.
|
||||
- many-to-many: many people are able to interact with many others
|
||||
|
||||
According the second variable, there are two types of conferencing:
|
||||
|
||||
- non-interactive: the period of time between the initial contact and
|
||||
the response can vary from a few seconds to many weeks.
|
||||
- interactive: the conference occurs 'live'; participants are able to
|
||||
communicate to each other directly at a particular time resulting in no
|
||||
delay between the initial contact and the response.
|
||||
|
||||
Most people involved in the academic and research fields have already
|
||||
experimented with some combinations of these different types of
|
||||
computer conferencing: the most basic and oldest way of computer
|
||||
conferencing is the one-to-one non-interactive kind: electronic mail.
|
||||
|
||||
Using the concept of electronic mail, mailing lists were born: the same
|
||||
message body was to be sent to many people; this refers to the one-to-
|
||||
many non-interactive conferencing. Thousands of private and public
|
||||
mailing lists exist today over hundredths of computer networks; this is
|
||||
not surprising since most computer systems that have electonic mail
|
||||
software allow distribution lists that can have many electronic mail
|
||||
addresses.
|
||||
|
||||
The last type of non-interactive conferencing refers to the many-to-many
|
||||
concept: any person belonging to a large group of users can 'post' a
|
||||
message or article and many people can reply to that message, each of
|
||||
the replies being able to be read by all the users. Thousands of electronic
|
||||
bulletin board systems utilize this idea for discussions of different topics.
|
||||
|
||||
The massive use of interactive computer conferencing is more recent and
|
||||
its applications are starting to flourish as the academic community
|
||||
increases its involvement with such systems. One-to-one software is
|
||||
very common and included in most multi-user operating system packages
|
||||
such as Unix, VMS, CMS. Even one-to-one interactive computer
|
||||
conferencing can be broken down in two different types:
|
||||
|
||||
+ line driven: in line driven environments, one user sends a
|
||||
single short message to another user's address in the system.
|
||||
+ screen driven: two users establish a communi cation session
|
||||
where typically, the screen is divided in two halves, and each other can
|
||||
'talk' by simply typing the desired text. The other party receives the
|
||||
text as it is being typed or after the return key has been pressed,
|
||||
depending on the hardware/software being used.
|
||||
|
||||
One-to-many interactive computer conferencing attracts the idea of
|
||||
'public speech' or 'lecturing' in a computer environment. Even though
|
||||
this concept has yet not been fully explored, it would naturally be
|
||||
included as part of many-to-many interactive because of software
|
||||
limitations: most many-to-many conferencing software have or can
|
||||
implement the one-to-many feature (for example, as a listen-only user).
|
||||
|
||||
Perhaps one of the most exciting types of conferencing nowadays is
|
||||
many-to-many interactive communications via a computer. Thanks to
|
||||
the already existing commercial and academic computer networks, many
|
||||
people have been introduced to the concept of across-the-world
|
||||
interactive communications. Some examples will be provided later in
|
||||
this paper.
|
||||
|
||||
This type of software allows a user to interact with many users at the
|
||||
same time and discuss different types of issues and exchange research
|
||||
and academic problems and solutions. Due to the cultural and
|
||||
geographical diversity of the users of some of these systems, many
|
||||
different types of useful feedback is provided when asked for.
|
||||
|
||||
How is computer conferencing used at the university level today?
|
||||
----------------------------------------------------------------
|
||||
|
||||
Non-interactive computer conferencing has been used extensively at just
|
||||
about every college and university. Most higher education institutions
|
||||
have a connection to BITNET and/or the Internet. The main applications
|
||||
of these connections are electronic mail, file transferring and remote
|
||||
login. Both BITNET and Internet connected computers have bulletin
|
||||
board style software available: BITNET list servers and USENET
|
||||
newsgroups are the main ones; USENET is indeed a network of its own
|
||||
that sitson top of many other Internet based networks.
|
||||
|
||||
Academically, teachers are using electronic mail and mailing lists to get
|
||||
in touch with their students on class matters and university administrators
|
||||
to provide faculty and students with information related to university life
|
||||
and courses. Intelligent 'fuzzy' electronic mailers [IRCCAPRIL90]
|
||||
combined with other conferencing services such as interest groups lists or
|
||||
newsgroups help both teachers and students get answers and suggestions to
|
||||
their subjects of research as well as find answers to questions that have
|
||||
already been asked. Today, it is common for a well 'networked' researcher
|
||||
to search for the answer of a problem first, by asking others in a specific
|
||||
topic discussion group and then apply the results to the problem if a
|
||||
feasible answer is found. These and other applications reveal an extense
|
||||
use of non-interactive computer conferencing in academics.
|
||||
|
||||
On the other hand, interactive computer conferencing is starting to
|
||||
become more and more popular at the university level: BITNET users
|
||||
are able to contact any user in the BITNET network by using a simple
|
||||
command to issue line messages. The power of Unix software/hardware
|
||||
along with the already existing Internet based networks allow academic
|
||||
users to establish one-to-one screen based communication sessions by
|
||||
also issuing a simple command. At the moment, limited academic
|
||||
research is being conducted on the applications of interactive computer
|
||||
conferencing to teaching and researching, though it is being widely used
|
||||
for electronic meetings among researchers to discuss aspects of the
|
||||
research as well as to collaborate in projects remotely.
|
||||
|
||||
Software Examples for Each Category
|
||||
-----------------------------------
|
||||
(The following is a small guide providing some examples of software and
|
||||
hardware that is able to execute the different types of computer
|
||||
conferencing as described above)
|
||||
|
||||
Non-interactive computer conferencing is already widely in use but the
|
||||
outreach of a single computer connection (BITNET or Internet based) is
|
||||
not well known yet:
|
||||
|
||||
+ one-to-one: electronic mail. The number of companies,
|
||||
institutions and foreign countries that now are reachable through already
|
||||
existing computer networks has increased enourmously in the last few
|
||||
years. Companies and computer services such as Compuserve, MCI
|
||||
(MCIMail), AT&T (AT&T Mail), GEnie, the National Public Telecomputing
|
||||
Network, Applelink, Byte Information eXchange, Connect Professional
|
||||
Information Network, Fidonet, GeoNet Mailbox Systems, NASAMail, PeaceNet,
|
||||
the Space Physics Analysis Network, Telenet's commercial electronic mail
|
||||
service and many regional networks are all already onnected to the
|
||||
Internet or other networks reachable from the Internet and therefore
|
||||
can reached by BITNET [INMG90]. For a guide on how to reach each
|
||||
network from your system, get the Inter-Network Mail Guide by John Chew,
|
||||
by anonymously FTPing into ra.msstate.edu (see Appendix A) and obtaining
|
||||
the file: /pub/docs/internetwork.
|
||||
|
||||
For a more complete description of all the possible networks that can be
|
||||
reach, refer to "!%@:: A Directory of Electronic Mail Addressing and
|
||||
Networks" by Donnalyn Frey and Rick Adams, O'Reilly & Associates, Inc.
|
||||
|
||||
+ one-to-many: this type of computer conferencing normally
|
||||
comes as mailing lists or moderated newsgroups. If you wish to get
|
||||
introduced to the concepts of list servers, send a one line message to
|
||||
LISTSERV @BITNIC.BITNET with the content: 'HELP'. Only an e-mail
|
||||
connection is needed to subscribe to most discussion lists.
|
||||
|
||||
+ many-to-many: USENET moderated and unmoderated
|
||||
newsgroups are more common on Unix and Internet connected machines.
|
||||
Subjects of the newsgroups range in both intellectual as well as
|
||||
recreational value. There is a very strong molecular biology community
|
||||
that uses the USENET software and network to exchange ideas and
|
||||
discuss research. Just about any type of computer software and hardware
|
||||
has its own newsgroup as well as some other science topics. On the
|
||||
recreational side, sport event schedules from soccer to biking are
|
||||
regularly posted; also TV, music, humor, religion and foreign cultures
|
||||
have their newsgroups. If you do not have access to a USENET news
|
||||
feed, please contact your system administrator.
|
||||
|
||||
Interactive conferencing is easily reachable at the one-to-one level
|
||||
because the simplicity of the software is not comparable to that of many-
|
||||
to-many conferencing software. Also, it must be noticed that the type
|
||||
of software described here can only be found in large multi-user systems:
|
||||
local area networked personal computers normally already have software
|
||||
that enables some computer conferencing.
|
||||
|
||||
+ one-to-one:
|
||||
o Unix (Hewlett Packard, MIPS, DEC, AT&T, Sun, Next manufacture
|
||||
hardware for the Unix Operating System):
|
||||
Most versions of the Unix operating system support the 'talk'
|
||||
command which enables the user to establish an initial user to user
|
||||
session where everything that one user types appears in the screen of the
|
||||
other user and viceversa until an escape key sequence is pressed. A
|
||||
typical command line could look like:
|
||||
|
||||
talk amiller
|
||||
|
||||
to talk to user amiller in the presently used system, or
|
||||
|
||||
talk amiller@magnus.acs.ohio-state.edu
|
||||
|
||||
if the Unix system being used is other than magnus.acs.etc. Adding other
|
||||
users to the initial one-to-one conversation is not possible.
|
||||
|
||||
In addition to the 'talk' command, most Unix systems also support the
|
||||
'finger' command which allows a user to get a list of users at a remote
|
||||
machine:
|
||||
|
||||
finger @mercurio.dm.unirm1.it
|
||||
|
||||
will return a list of current users in a Sun workstation used in the
|
||||
department of Mathematics at the University of Rome, Italy. These two
|
||||
commands compliment each other when a user is trying to find a particular
|
||||
remote user and talk to him/her.
|
||||
|
||||
o VMS (Digital Equipment Corporation Vax machines...):
|
||||
The PHONE command behaves in a very similar way to the 'talk'
|
||||
command in UNIX. The PHONE command does allow for more than one user
|
||||
at a time.
|
||||
|
||||
o CMS (BITNET based machines, IBM mainframes..):
|
||||
The TELL command in this operating system allows the user to
|
||||
send a single short message to another user currently logged on to any
|
||||
BITNET computer:
|
||||
|
||||
tell CRUZ at OHSTVMB Hello, Alex how are you?
|
||||
|
||||
would send a short message to user CRUZ in BITNET node OHSTMVB.
|
||||
|
||||
All three commands in all three operating systems are standard. Contact
|
||||
your local system administrator if not present in your machine.
|
||||
|
||||
+ many-to-many:
|
||||
(Due to the diversity of interactive computer conferencing, only
|
||||
three systems will be touched and given sources to)
|
||||
|
||||
o Bitnet Relay Chat: this software is available mainly for
|
||||
BITNET based machines. It provides the use with a friendly interface to
|
||||
communicate with other BITNET users. Some of the features of this
|
||||
software include: switching between users/screens via PF-keys, disk
|
||||
message logging, disconnected answering machine services; it is suitable
|
||||
for any type of terminal from 1200 Baud PC to local 3270 terminals. It is
|
||||
maintained by Eric Thomas (ERIC@SEARN.BITNET) [CHAT90].
|
||||
|
||||
o Internet Relay Chat: It is mainly a Unix based program that
|
||||
enables machines from all over the world connected to both Internet and
|
||||
BITNET based computers to establish a 'chat' connection and set one-to-
|
||||
one, one-to-many and many-to-many sessions. It provides many different
|
||||
features such as private, moderated, invite-only, secret channels, group
|
||||
and private messaging, multiple nicknames, notification of user presence,
|
||||
user list by server, channel and other properties, etc. To access IRC on a
|
||||
trial basis from an Internet connected computer, type 'telnet
|
||||
bradenville.andrew.cmu.edu' and provide the necessary nickname and
|
||||
screen emulation information. Issue the command '/HELP' to get started,
|
||||
'/WHO *' to see the current users (as an average 200+ from over 18
|
||||
countries around the world) or '/LIST' to see a list of current users.
|
||||
|
||||
The software to run IRC is free of charge but copyright guidelines are to
|
||||
be met. This is where it can obtained:
|
||||
|
||||
OS Site Directory/File
|
||||
---- ----------------------- --------------------
|
||||
Unix freebie.engin.umich.edu pub/irc/clients/UNIX
|
||||
VMS freebie.engin.umich.edu pub/irc/clients/VMS
|
||||
VM freebie.engin.umich.edu pub/irc/clients/VM
|
||||
|
||||
OS - Operating System
|
||||
Site - Site to FTP to (see appendix A)
|
||||
Directory/File - Filename and directory
|
||||
|
||||
o International Citizen's Band: this is a similar program to IRC.
|
||||
It contains most of the same features but its architecture and logic for
|
||||
server-client connections differs from that of IRC's. The software can be
|
||||
obtained through anonymous FTP at athos.rutgers.edu, file /pub/icb-
|
||||
client.tar.z; this software will only execute in Unix based machines.
|
||||
|
||||
Conclusion
|
||||
----------
|
||||
|
||||
Computer Conferencing is another necessary tool for today's computer
|
||||
aided research and instruction. It has all the embedded advantages that
|
||||
other already used electronic media enjoy: easiness of processing, easy
|
||||
data storage, quick detailed responses, easier to find the desired recipient,
|
||||
speed and reliability of document/message transmission, document safety
|
||||
and security, etc [CRUZ90].
|
||||
|
||||
There are also other advantages that are due to the character of this type
|
||||
of communications: the store-and-forward nature of computer conferencing
|
||||
gives the participants a response time period that is not possible in more
|
||||
traditional ways of face-to-face or telephone communications [STEVENS86].
|
||||
|
||||
Flexibility so that any researcher with a workstation and a network
|
||||
connectionmust is ableto join a discussion session; facility to search the
|
||||
network for existing conferences;multiple communication channels; these
|
||||
and other features are needed for collaboration during the process of
|
||||
refining a theory or analysis of experimental data [SMARR90]. Interactive
|
||||
computer conferencing already offers these features.
|
||||
|
||||
Computer conferencing is a growing field and many applications are
|
||||
already surfacing in the areas of project coordination, sales management,
|
||||
customer service, online marketplaces, interactive journalism, distributed
|
||||
education and organization & community building.
|
||||
|
||||
The academic world is just a step away from fully taking advantage of
|
||||
all the capabilities of Computer Conferencing.
|
||||
|
||||
|
||||
|
||||
|
||||
Appendix A
|
||||
----------
|
||||
|
||||
The TCP/IP file transfer protocol is called File Transfer Protocol (FTP).
|
||||
FTP enables a user of a given network to remote access and then locally
|
||||
transfer files existing in another computer host of that same network.
|
||||
Many computer hosts allow for anonymous FTP, whereby a user can
|
||||
obtain files form a remote host [QUARTERMAN88].
|
||||
|
||||
The FTP software is available in most Unix and VMS based systems.
|
||||
Some IBM mainframes support FTP file transferring but with a lot of
|
||||
limitations. In order to access the software, just type 'ftp host.name'
|
||||
where host name is the archive you want to access: 'ftp ra.msstate.edu'
|
||||
will access the machine 'ra' at the Mississippi State University archives.
|
||||
When prompted for a USERNAME: respond with the word 'anonymous' and when
|
||||
prompted for a password respond with your electronic mail address. Once
|
||||
the connection is successfully established, the user may retrieve any of
|
||||
the files available in the authorized directories. To retrieve the
|
||||
Inter-Network Mail Guide, the user would type :
|
||||
|
||||
cd pub (to change to 'public' directory)
|
||||
cd docs (to change to 'documents' directory)
|
||||
get internetwork
|
||||
(to get file transmitted from the remote computer to the current
|
||||
directory of the user that is doing the FTP connection)
|
||||
|
||||
Exiting the program can be resolved by typing 'exit' or 'quit' at the FTP
|
||||
prompt.
|
||||
|
||||
|
||||
|
||||
|
||||
References
|
||||
----------
|
||||
|
||||
[CHAT90] Program Filelist for Net Server at the BITNET Network
|
||||
Information Center. Direct electronic retrieval, July 1991, page 3.
|
||||
|
||||
[CRUZ90] Alex Cruz, "An Evaluation of a State Wide Computer
|
||||
Network for Small and Medium Size Industries in the State of Ohio",
|
||||
June 1990, Master's Thesis, The Ohio State University, pages 30-41.
|
||||
|
||||
[INMG90] John J. Chew, "Inter-Network Mail Guide", June 1990, Page 2-3.
|
||||
|
||||
[IRCCAPRIL90] "Fuzzy Mail", "WHO-IS" Instructional Research Computer
|
||||
Center Newsletter, The Ohio State University, April 1990, page 7.
|
||||
|
||||
[QUARTERMAN88] John S. Quarterman, "The Matrix: Computer Networks and
|
||||
Conferencing Systems Worldwide", 1990, Digital Press, pages 11-13, 125-126.
|
||||
|
||||
[SMARR90] Larry Smarr, Charles Catlett, "Life After Internet: Making
|
||||
Room for New Applications",November 1990, Symposium of the Programs on
|
||||
Science, Technology, and Public Policy and Strategic Computing and
|
||||
Telecommunications in the Public Sector, John F. Kennedy School of
|
||||
Government, Harvard University.
|
||||
|
||||
[STEVENS86] Chandler H. Stevens, "Electronic Organization & Expert
|
||||
Networks: Beyond Electronic Mail and Computer Conferencing", May
|
||||
1986, Sloan WP#1794-86, Sloan School of Management, Massachusets
|
||||
Institute of Technology, pages 1-9.
|
||||
|
||||
|
||||
1092
textfiles.com/politics/concerni
Normal file
1092
textfiles.com/politics/concerni
Normal file
File diff suppressed because it is too large
Load Diff
96
textfiles.com/politics/const.txt
Normal file
96
textfiles.com/politics/const.txt
Normal file
@@ -0,0 +1,96 @@
|
||||
|
||||
A NEW COVENANT*
|
||||
|
||||
WE, THE UNDERSIGNED Witnesses to the Lesson of History - that no Form of
|
||||
political Governance may be relied upon to secure the individual Rights
|
||||
of Life, Liberty, or Property - now therefore establish and provide
|
||||
certain fundamental Precepts measuring our Conduct toward one another,
|
||||
and toward others:
|
||||
|
||||
Individual Sovereignty
|
||||
|
||||
FIRST, that we shall henceforward recognize each individual to be the
|
||||
exclusive Proprietor of his or her own Existence and of all products of
|
||||
that Existence, holding no Obligation binding among Individuals excepting
|
||||
those to which they voluntarily and explicitly consent;
|
||||
|
||||
Freedom from Coercion
|
||||
|
||||
SECOND, that under no Circumstances shall we acknowledge any Liberty to
|
||||
initiate Force against another Person, and shall instead defend the
|
||||
inalienable Right of Individuals to resist Coercion employing whatever
|
||||
Means prove necessary in their Judgement;
|
||||
|
||||
Association and Secession
|
||||
|
||||
THIRD, that we shall hold inviolable those Relationships among
|
||||
Individuals which are totally voluntary, but conversely, any Relationship
|
||||
not thus mutually agreeable shall be considered empty and invalid;
|
||||
|
||||
Individuality of Rights
|
||||
|
||||
FOURTH, that we shall regard Rights to be neither collective nor additive
|
||||
in Character - two individuals shall have no more Rights than one, nor
|
||||
shall two million nor two thousand million - nor shall any Group possess
|
||||
Rights in Excess of those belonging to its individual members;
|
||||
|
||||
Equality of Liberty
|
||||
|
||||
FIFTH, that we shall maintain these Principles without Respect to any
|
||||
person's Race, Nationality, Gender, sexual Preference, Age, or System of
|
||||
Beliefs, and hold that any Entity or Association, however constituted,
|
||||
acting to contravene them by initiation of Force - or Threat of same -
|
||||
shall have forfeited its Right to exist;
|
||||
|
||||
Supersedure
|
||||
|
||||
UPON UNANIMOUS CONSENT of the Members or Inhabitants of any Association
|
||||
or Territory, we further stipulate that this Agreement shall supercede
|
||||
all existing governmental Documents or Usages then pertinent, that such
|
||||
Constitutions, Charters, Acts, Laws, Statutes, Regulations, or Ordinances
|
||||
contradictory or destructive to the Ends which it expresses shall be null
|
||||
and void, and that this Covenant, being the Property of its Author and
|
||||
Signatories, shall not be Subject to Interpretation excepting insofar as
|
||||
it shall please them.
|
||||
|
||||
SIGNATORY: WITNESS:
|
||||
|
||||
_________________________________ _______________________________
|
||||
signature date signature date
|
||||
|
||||
_________________________________ _______________________________
|
||||
name (please print) name (please print)
|
||||
|
||||
SEND TO: 111 East Drake, Suite 7032, Fort Collins, Colorado 80525. PLEASE
|
||||
ENCLOSE TWO DOLLARS to cover processing and archiving. Add SASE for
|
||||
confirmation of receipt.
|
||||
|
||||
*Exercepted from Chapter XVII of THE GALLATIN DIVERGENCE by L. Neil
|
||||
Smith, Del Rey Books (a division of Random House), New York, 1985, as
|
||||
amended by unanimous consent, October, 1986.
|
||||
|
||||
|
||||
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
|
||||
Another file downloaded from: NIRVANAnet(tm)
|
||||
|
||||
& the Temple of the Screaming Electron Jeff Hunter 510-935-5845
|
||||
Salted Slug Systems Strange 408-454-9368
|
||||
Burn This Flag Zardoz 408-363-9766
|
||||
realitycheck Poindexter Fortran 415-567-7043
|
||||
Lies Unlimited Mick Freen 415-583-4102
|
||||
Tomorrow's 0rder of Magnitude Finger_Man 408-961-9315
|
||||
My Dog Bit Jesus Suzanne D'Fault 510-658-8078
|
||||
|
||||
Specializing in conversations, obscure information, high explosives,
|
||||
arcane knowledge, political extremism, diversive sexuality,
|
||||
insane speculation, and wild rumours. ALL-TEXT BBS SYSTEMS.
|
||||
|
||||
Full access for first-time callers. We don't want to know who you are,
|
||||
where you live, or what your phone number is. We are not Big Brother.
|
||||
|
||||
"Raw Data for Raw Nerves"
|
||||
|
||||
X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X
|
||||
600
textfiles.com/politics/const11.txt
Normal file
600
textfiles.com/politics/const11.txt
Normal file
@@ -0,0 +1,600 @@
|
||||
|
||||
|
||||
|
||||
THE CONSTITUTION OF THE UNITED STATES OF AMERICA, 1787
|
||||
|
||||
|
||||
|
||||
We the people of the United States, in Order to form a more perfect Union,
|
||||
establish Justice, insure domestic Tranquility, provide for the common defence,
|
||||
promote the general Welfare, and secure the Blessings of Liberty to ourselves
|
||||
and our Posterity, do ordain and establish this Constitution for the
|
||||
United States of America.
|
||||
|
||||
|
||||
Article 1
|
||||
|
||||
Section 1. All legislative Powers herein granted shall be vested in a
|
||||
Congress of the United States, which shall consist of a Senate and
|
||||
House of Representatives.
|
||||
|
||||
Section 2. The House of Representatives shall be composed of Members
|
||||
chosen every second Year by the People of the several States,
|
||||
and the electors in each State shall have the qualifications requisite
|
||||
for electors of the most numerous branch of the State legislature.
|
||||
|
||||
No Person shall be a Representative who shall not have attained to the
|
||||
Age of twenty five Years, and been seven Years a citizen of the United States,
|
||||
and who shall not, when elected, be an Inhabitant of that State in which
|
||||
he shall be chosen.
|
||||
|
||||
Representatives and direct Taxes shall be apportioned among
|
||||
the several States which may be included within this Union,
|
||||
according to their respective Numbers, which shall be determined
|
||||
by adding to the whole number of free Persons, including those
|
||||
bound to Service for a Term of Years, and excluding Indians not taxed,
|
||||
three fifths of all other Persons. The actual Enumeration shall be made
|
||||
within three Years after the first Meeting of the Congress of the
|
||||
United States, and within every subsequent Term of ten Years,
|
||||
in such Manner as they shall by law Direct. The number of
|
||||
Representatives shall not exceed one for every thirty Thousand,
|
||||
but each State shall have at least one Representative;
|
||||
and until such enumeration shall be made, the State of New Hampshire
|
||||
shall be entitled to chuse three, Massachusetts eight, Rhode Island
|
||||
and Providence Plantations one, Connecticut five, New York six,
|
||||
New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
|
||||
Virginia ten, North Carolina five, South Carolina five, and Georgia three.
|
||||
|
||||
When vacancies happen in the Representation from any State, the Executive
|
||||
Authority thereof shall issue Writs of Election to fill such Vacancies.
|
||||
|
||||
The House of Representatives shall chuse their Speaker and other Officers;
|
||||
and shall have the sole Power of Impeachment.
|
||||
|
||||
Section 3. The Senate of the United States shall be composed of
|
||||
two Senators from each State, chosen by the legislature thereof,
|
||||
for six Years; and each Senator shall have one Vote.
|
||||
|
||||
Immediately after they shall be assembled in Consequence of the first Election,
|
||||
they shall be divided as equally as may be into three Classes. The Seats of
|
||||
the Senators of the first Class shall be vacated at the expiration of the
|
||||
second Year, of the second Class at the expiration of the fourth Year,
|
||||
and of the third Class at the expiration of the sixth Year, so that one third
|
||||
may be chosen every second Year; and if vacancies happen by Resignation,
|
||||
or otherwise, during the recess of the Legislature of any State,
|
||||
the Executive thereof may make temporary Appointments until the
|
||||
next meeting of the Legislature, which shall then fill such Vacancies.
|
||||
|
||||
No person shall be a Senator who shall not have attained to the Age of
|
||||
thirty Years, and been nine Years a Citizen of the United States,
|
||||
and who shall not, when elected, be an Inhabitant of that State
|
||||
for which he shall be chosen.
|
||||
|
||||
The Vice-President of the United States shall be President of the Senate,
|
||||
but shall have no Vote, unless they be equally divided.
|
||||
|
||||
The Senate shall choose their other Officers, and also a President
|
||||
pro tempore, in the Absence of the Vice-President, or when he shall
|
||||
exercise the Office of President of the United States.
|
||||
|
||||
The Senate shall have the sole Power to try all Impeachments.
|
||||
When sitting for that Purpose, they shall be on Oath or Affirmation.
|
||||
When the President of the United States is tried, the Chief Justice
|
||||
shall preside: And no Person shall be convicted without the Concurrence
|
||||
of two thirds of the Members present.
|
||||
|
||||
Judgment in cases of Impeachment shall not extend further than to removal
|
||||
from Office, and disqualification to hold and enjoy any Office of honor,
|
||||
Trust or Profit under the United States: but the Party convicted shall
|
||||
nevertheless be liable and subject to Indictment, Trial, Judgment and
|
||||
Punishment, according to Law.
|
||||
|
||||
Section 4. The Times, Places and Manner of holding Elections for Senators and
|
||||
Representatives, shall be prescribed in each State by the Legislature thereof;
|
||||
but the Congress may at any time by Law make or alter such Regulations,
|
||||
except as to the Places of chusing Senators.
|
||||
|
||||
The Congress shall assemble at least once in every Year,
|
||||
and such Meeting shall be on the first Monday in December,
|
||||
unless they shall by law appoint a different Day.
|
||||
|
||||
|
||||
Section 5. Each House shall be the Judge of the Elections,
|
||||
Returns and Qualifications of its own Members, and a
|
||||
Majority of each shall constitute a Quorum to do Business;
|
||||
but a smaller Number may adjourn from day to day,
|
||||
and may be authorized to compel the Attendance of absent Members,
|
||||
in such Manner, and under such Penalties as each House may provide.
|
||||
|
||||
Each house may determine the Rules of its Proceedings,
|
||||
punish its Members for disorderly Behavior, and, with the
|
||||
Concurrence of two-thirds, expel a Member.
|
||||
|
||||
Each house shall keep a Journal of its Proceedings,
|
||||
and from time to time publish the same, excepting such Parts as may
|
||||
in their Judgment require Secrecy; and the Yeas and Nays of the
|
||||
Members of either House on any question shall, at the Desire of
|
||||
one fifth of those Present, be entered on the Journal.
|
||||
|
||||
Neither House, during the Session of Congress, shall, without the
|
||||
Consent of the other, adjourn for more than three days, nor to
|
||||
any other Place than that in which the two Houses shall be sitting.
|
||||
|
||||
Section 6. The Senators and Representatives shall receive a Compensation
|
||||
for their Services, to be ascertained by Law, and paid out of the Treasury
|
||||
of the United States. They shall in all Cases, except Treason, Felony and
|
||||
Breach of the Peace, be privileged from Arrest during their Attendance
|
||||
at the Session of their respective Houses, and in going to and returning
|
||||
from the same; and for any Speech or Debate in either House,
|
||||
they shall not be questioned in any other Place.
|
||||
|
||||
No Senator or Representative shall, during the Time for which he was elected,
|
||||
be appointed to any civil Office under the authority of the United States,
|
||||
which shall have been created, or the Emoluments whereof shall have been
|
||||
increased during such time; and no Person holding any Office under the
|
||||
United States, shall be a Member of either House during his Continuance
|
||||
in Office.
|
||||
|
||||
Section 7. All Bills for raising Revenue shall originate in the
|
||||
House of Representatives; but the Senate may propose or concur with
|
||||
Amendments as on other Bills.
|
||||
|
||||
Every Bill which shall have passed the House of Representatives and
|
||||
the Senate, shall, before it become a Law, be presented to the
|
||||
President of the United States; If he approve he shall sign it,
|
||||
but if not he shall return it, with his Objections to that House
|
||||
in which it shall have originated, who shall enter the Objections
|
||||
at large on their Journal, and proceed to reconsider it.
|
||||
If after such Reconsideration two thirds of that house
|
||||
shall agree to pass the Bill, it shall be sent,
|
||||
together with the Objections, to the other House, by which
|
||||
it shall likewise be reconsidered, and if approved by two thirds
|
||||
of that House, it shall become a law. But in all such Cases
|
||||
the Votes of both Houses shall be determined by Yeas and Nays,
|
||||
and the Names of the Persons voting for and against the Bill shall be
|
||||
entered on the Journal of each House respectively. If any Bill
|
||||
shall not be returned by the President within ten Days (Sundays excepted)
|
||||
after it shall have been presented to him, the Same shall be a Law,
|
||||
in like Manner as if he had signed it, unless the Congress by their
|
||||
Adjournment prevent its Return, in which case it shall not be a Law.
|
||||
|
||||
Every Order, Resolution, or Vote to which the Concurrence of the Senate
|
||||
and House of Representatives may be necessary (except on a question
|
||||
of Adjournment) shall be presented to the President of the United States;
|
||||
and before the Same shall take Effect, shall be approved by him,
|
||||
or being disapproved by him, shall be repassed by two thirds of
|
||||
the Senate and House of Representatives, according to the Rules
|
||||
and Limitations prescribed in the Case of a Bill.
|
||||
|
||||
Section 8. The Congress shall have Power to lay and collect Taxes, Duties,
|
||||
Imposts and Excises, to pay the Debts and provide for the common Defence
|
||||
and general Welfare of the United States; but all Duties, Imposts and Excises
|
||||
shall be uniform throughout the United States;
|
||||
|
||||
To borrow Money on the credit of the United States;
|
||||
|
||||
To regulate Commerce with foreign Nations, and among the several States,
|
||||
and with the Indian Tribes;
|
||||
|
||||
To establish an uniform Rule of Naturalization, and uniform Laws
|
||||
on the subject of Bankruptcies throughout the United States;
|
||||
|
||||
To coin Money, regulate the Value thereof, and of foreign Coin,
|
||||
and fix the Standard of Weights and Measures;
|
||||
|
||||
To provide for the Punishment of counterfeiting the Securities
|
||||
and current Coin of the United States;
|
||||
|
||||
To establish Post Offices and Post Roads;
|
||||
|
||||
To promote the Progress of Science and useful Arts, by securing
|
||||
for limited Times to Authors and Inventors the exclusive Right
|
||||
to their respective Writings and Discoveries;
|
||||
|
||||
To constitute Tribunals inferior to the supreme Court;
|
||||
|
||||
To define and punish Piracies and Felonies committed on the high Seas,
|
||||
and Offenses against the Law of Nations;
|
||||
|
||||
To declare War, grant Letters of Marque and Reprisal,
|
||||
and make Rules concerning Captures on Land and Water;
|
||||
|
||||
To raise and support Armies, but no Appropriation of Money to that Use
|
||||
shall be for a longer term than two Years;
|
||||
|
||||
To provide and maintain a Navy;
|
||||
|
||||
To make Rules for the Government and Regulation of the land and naval Forces;
|
||||
|
||||
To provide for calling forth the Militia to execute the Laws of the Union,
|
||||
suppress Insurrections and repel Invasions;
|
||||
|
||||
To provide for organizing, arming, and disciplining, the Militia, and for
|
||||
governing such Part of them as may be employed in the Service of the
|
||||
United States, reserving to the States respectively, the Appointment
|
||||
of the Officers, and the Authority of training the militia according
|
||||
to the discipline prescribed by Congress;
|
||||
|
||||
To exercise exclusive Legislation in all Cases whatsoever,
|
||||
over such District (not exceeding ten Miles square) as may,
|
||||
by Cession of particular States, and the Acceptance of Congress,
|
||||
become the Seat of the Government of the United States, and to
|
||||
exercise like Authority over all Places purchased by the Consent
|
||||
of the Legislature of the State in which the Same shall be,
|
||||
for the Erection of Forts, Magazines, Arsenals, Dockyards,
|
||||
and other needful Buildings;--And
|
||||
|
||||
To make all Laws which shall be necessary and proper for carrying
|
||||
into Execution the foregoing Powers, and all other Powers vested
|
||||
by this Constitution in the Government of the United States,
|
||||
or in any Department or Officer thereof.
|
||||
|
||||
Section 9. The Migration or Importation of such Persons as any
|
||||
of the States now existing shall think proper to admit, shall not
|
||||
be prohibited by the Congress prior to the Year one thousand eight
|
||||
hundred and eight, but a Tax or Duty may be imposed on such Importation,
|
||||
not exceeding ten dollars for each Person.
|
||||
|
||||
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless
|
||||
when in Cases of Rebellion or Invasion the public Safety may require it.
|
||||
|
||||
No Bill of Attainder or ex post facto Law shall be passed.
|
||||
|
||||
No Capitation, or other direct, Tax shall be laid, unless in Proportion
|
||||
to the Census or Enumeration herein before directed to be taken.
|
||||
|
||||
No Tax or Duty shall be laid on Articles exported from any State.
|
||||
|
||||
No Preference shall be given by any Regulation of Commerce or Revenue
|
||||
to the Ports of one State over those of another: nor shall Vessels bound to,
|
||||
or from, one State, be obliged to enter, clear, or pay Duties in another.
|
||||
|
||||
No Money shall be drawn from the Treasury, but in Consequence
|
||||
of Appropriations made by Law; and a regular Statement and Account
|
||||
of the Receipts and Expenditures of all public Money shall be
|
||||
published from time to time.
|
||||
|
||||
No Title of Nobility shall be granted by the United States;
|
||||
and no Person holding any Office of Profit or Trust under them, shall,
|
||||
without the Consent of the Congress, accept of any present, Emolument,
|
||||
Office, or Title, of any kind whatever, from any King, Prince,
|
||||
or foreign State.
|
||||
|
||||
Section 10. No State shall enter into any Treaty, Alliance, or
|
||||
Confederation; grant Letters of Marque and Reprisal; coin Money;
|
||||
emit Bills of Credit; make any Thing but gold and silver Coin a Tender
|
||||
in Payment of Debts; pass any Bill of Attainder, ex post facto Law,
|
||||
or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
|
||||
|
||||
No State shall, without the Consent of the Congress, lay any Imposts or Duties
|
||||
on Imports or Exports, except what may be absolutely necessary for executing
|
||||
it's inspection Laws: and the net Produce of all Duties and Imposts,
|
||||
laid by any State on Imports or Exports, shall be for the Use of the Treasury
|
||||
of the United States; and all such Laws shall be subject to the Revision
|
||||
and Controul of the Congress.
|
||||
|
||||
|
||||
No State shall, without the Consent of Congress, lay any Duty of
|
||||
Tonnage, keep Troops, or Ships of War in time of Peace, enter into any
|
||||
Agreement or Compact with another State, or with a foreign Power, or
|
||||
engage in War, unless actually invaded, or in such imminent Danger
|
||||
as will not admit of delay.
|
||||
|
||||
ARTICLE 2
|
||||
|
||||
Section 1. The executive Power shall be vested in a President
|
||||
of the United States of America. He shall hold his Office during
|
||||
the Term of four Years, and, together with the Vice President
|
||||
chosen for the same Term, be elected, as follows:
|
||||
|
||||
Each State shall appoint, in such Manner as the Legislature thereof may direct,
|
||||
a Number of Electors, equal to the whole Number of Senators and Representatives
|
||||
to which the State may be entitled in the Congress: but no Senator or
|
||||
Representative, or Person holding an Office of Trust or Profit under
|
||||
the United States, shall be appointed an Elector.
|
||||
|
||||
The Electors shall meet in their respective States, and vote by Ballot
|
||||
for two Persons, of whom one at least shall not lie an Inhabitant of
|
||||
the same State with themselves. And they shall make a List of
|
||||
all the Persons voted for, and of the Number of Votes for each;
|
||||
which List they shall sign and certify, and transmit sealed to
|
||||
the Seat of the Government of the United States, directed to the
|
||||
President of the Senate. The President of the Senate shall,
|
||||
in the Presence of the Senate and House of Representatives,
|
||||
open all the Certificates, and the Votes shall then be counted.
|
||||
The Person having the greatest Number of Votes shall be the President,
|
||||
if such Number be a Majority of the whole Number of Electors appointed;
|
||||
and if there be more than one who have such Majority, and have an equal
|
||||
Number of votes, then the House of Representatives shall immediately
|
||||
chuse by Ballot one of them for President; and if no Person have
|
||||
a Majority, then from the five highest on the List the said House
|
||||
shall in like Manner chuse the President. But in chusing the President,
|
||||
the Votes shall be taken by States, the Representation from each State
|
||||
having one Vote; a Quorum for this Purpose shall consist of a Member
|
||||
or Members from two thirds of the States, and a Majority of all the
|
||||
States shall be necessary to a Choice. In every Case, after the Choice
|
||||
of the President, the Person having the greatest Number of Votes of
|
||||
the Electors shall be the Vice President. But if there should remain
|
||||
two or more who have equal Votes, the Senate shall chuse from them
|
||||
by Ballot the Vice President.
|
||||
|
||||
The Congress may determine the Time of chusing the Electors,
|
||||
and the Day on which they shall give their Votes; which Day
|
||||
shall be the same throughout the United States.
|
||||
|
||||
No Person except a natural born Citizen, or a Citizen of the United States,
|
||||
at the time of the Adoption of this Constitution, shall be eligible to
|
||||
the Office of President; neither shall any Person be eligible to that
|
||||
Office who shall not have attained to the Age of thirty five Years,
|
||||
and been fourteen Years a Resident within the United States.
|
||||
|
||||
In Case of the Removal of the President from Office, or of his Death,
|
||||
Resignation, or Inability to discharge the Powers and Duties of the
|
||||
said Office, the Same shall devolve on the Vice President, and the
|
||||
Congress may by Law provide for the Case of Removal, Death, Resignation
|
||||
or Inability, both of the President and Vice President, declaring what
|
||||
Officer shall then act as President, and such Officer shall act accordingly,
|
||||
until the Disability be removed, or a President shall be elected.
|
||||
|
||||
The President shall, at stated Times, receive for his Services,
|
||||
a Compensation, which shall neither be encreased nor diminished during
|
||||
the Period for which he shall have been elected, and he shall not receive
|
||||
within that Period any other Emolument from the United States, or any of them.
|
||||
|
||||
Before he enter on the Execution of his Office, he shall take the
|
||||
following Oath or Affirmation:--"I do solemnly swear (or affirm) that
|
||||
I will faithfully execute the Office of President of the United States,
|
||||
and will to the best of my Ability, preserve, protect and defend the
|
||||
Constitution of the United States."
|
||||
|
||||
Section 2. The President shall be Commander in Chief of the Army
|
||||
and Navy of the United States, and of the Militia of the several States,
|
||||
when called into the actual Service of the United States;
|
||||
he may require the Opinion, in writing, of the principal Officer
|
||||
in each of the executive Departments, upon any Subject relating to
|
||||
the Duties of their respective Offices, and he shall have Power
|
||||
to grant Reprieves and Pardons for Offenses against the United States,
|
||||
except in Cases of impeachment.
|
||||
|
||||
He shall have Power, by and with the Advice and Consent of the
|
||||
Senate, to make Treaties, provided two thirds of the Senators
|
||||
present concur; and he shall nominate, and by and with the Advice
|
||||
and Consent of the Senate, shall appoint Ambassadors, other public
|
||||
Ministers and Consuls, Judges of the supreme Court, and all other
|
||||
Officers of the United States, whose Appointments are not herein
|
||||
otherwise provided for, and which shall be established by Law:
|
||||
but the Congress may by Law vest the Appointment of such inferior Officers,
|
||||
as they think proper, in the President alone, in the Courts of Law,
|
||||
or in the Heads of Departments.
|
||||
|
||||
The President shall have Power to fill up all Vacancies that may happen
|
||||
during the Recess of the Senate, by granting Commissions which shall
|
||||
expire at the End of their next session.
|
||||
|
||||
Section 3. He shall from time to time give to the Congress
|
||||
Information of the State of the Union, and recommend to their
|
||||
Consideration such Measures as he shall judge necessary and expedient;
|
||||
he may, on extraordinary Occasions, convene both Houses, or either
|
||||
of them, and in Case of Disagreement between them, with Respect to
|
||||
the Time of Adjournment, he may adjourn them to such Time as he shall
|
||||
think proper; he shall receive Ambassadors and other public Ministers;
|
||||
he shall take Care that the Laws be faithfully executed, and shall
|
||||
Commission all the Officers of the United States.
|
||||
|
||||
Section 4. The President, Vice President and all civil Officers of the
|
||||
United States, shall be removed from Office on Impeachment for,
|
||||
and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
|
||||
|
||||
ARTICLE THREE
|
||||
|
||||
Section 1. The judicial Power of the United States, shall be vested
|
||||
in one supreme Court, and in such inferior Courts as the Congress may
|
||||
from time to time ordain and establish. The Judges, both of the supreme
|
||||
and inferior Courts, shall hold their Offices during good behavior,
|
||||
and shall, at stated Times, receive for their Services, a Compensation,
|
||||
which shall not be diminished during their Continuance in Office.
|
||||
|
||||
Section 2. The judicial Power shall extend to all Cases, in Law and Equity,
|
||||
arising under this Constitution, the Laws of the United States, and Treaties
|
||||
made, or which shall be made, under their Authority;--to all Cases affecting
|
||||
Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty
|
||||
and maritime Jurisdiction;--to Controversies to which the United States
|
||||
shall be a Party;--to Controversies between two or more States;--between a
|
||||
State and Citizens of another State;--between Citizens of different States;
|
||||
--between Citizens of the same State claiming Lands under Grants of
|
||||
different States, and between a State, or the Citizens thereof,
|
||||
and foreign States, Citizens or Subjects.
|
||||
|
||||
In all cases affecting Ambassadors, other public Ministers and Consuls,
|
||||
and those in which a State shall be Party, the supreme Court shall have
|
||||
original Jurisdiction. In all the other Cases before mentioned, the
|
||||
supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
|
||||
with such Exceptions, and under such Regulations as the Congress shall make.
|
||||
|
||||
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;
|
||||
and such Trial shall be held in the State where the said Crimes shall
|
||||
have been committed; but when not committed within any State, the Trial
|
||||
shall be at such Place or Places as the Congress may by Law have directed.
|
||||
|
||||
Section 3. Treason against the United States, shall consist only in
|
||||
levying War against them, or in adhering to their Enemies, giving them
|
||||
Aid and Comfort. No Person shall be convicted of Treason unless on
|
||||
the Testimony of two Witnesses to the same overt Act, or on Confession
|
||||
in open Court.
|
||||
|
||||
The Congress shall have power to declare the punishment of Treason,
|
||||
but no Attainder of Treason shall work Corruption of Blood,
|
||||
or Forfeiture except during the Life of the Person attainted.
|
||||
|
||||
|
||||
ARTICLE FOUR
|
||||
|
||||
Section 1. Full Faith and Credit shall be given in each State to the
|
||||
public Acts, Records, and judicial Proceedings of every other State.
|
||||
And the Congress may by general Laws prescribe the Manner in which such Acts,
|
||||
Records, and Proceedings shall be proved, and the Effect thereof.
|
||||
|
||||
|
||||
Section 2. The Citizens of each State shall be entitled to all
|
||||
Privileges and Immunities of Citizens in the several States.
|
||||
|
||||
A Person charged in any State with Treason, Felony, or other Crime,
|
||||
who shall flee from Justice, and be found in another State,
|
||||
shall on Demand of the executive Authority of the State from
|
||||
which he fled, be delivered up, to be removed to the State having
|
||||
Jurisdiction of the Crime.
|
||||
|
||||
No person held to Service or Labor in one State, under the Laws thereof,
|
||||
escaping into another, shall, in Consequence of any Law or Regulation therein,
|
||||
be discharged from such Service or Labor, But shall be delivered up on Claim
|
||||
of the Party to whom such Service or Labor may be due.
|
||||
|
||||
|
||||
Section 3. New States may be admitted by the Congress into this Union;
|
||||
but no new States shall be formed or erected within the Jurisdiction
|
||||
of any other State; nor any State be formed by the Junction of two
|
||||
or more States, or Parts of States, without the Consent of the
|
||||
Legislatures of the States concerned as well as of the Congress.
|
||||
|
||||
The Congress shall have Power to dispose of and make all needful Rules
|
||||
and Regulations respecting the Territory or other Property belonging
|
||||
to the United States; and nothing in this Constitution shall be so
|
||||
construed as to Prejudice any Claims of the United States,
|
||||
or of any particular State.
|
||||
|
||||
Section 4. The United States shall guarantee to every State in this Union
|
||||
a Republican Form of Government, and shall protect each of them against
|
||||
Invasion; and on Application of the Legislature, or of the Executive
|
||||
(when the Legislature cannot be convened) against domestic Violence.
|
||||
|
||||
|
||||
ARTICLE FIVE
|
||||
|
||||
The Congress, whenever two thirds of both Houses shall deem it necessary,
|
||||
shall propose Amendments to this Constitution, or, on the Application of
|
||||
the Legislatures of two thirds of the several States, shall call a Convention
|
||||
for proposing Amendments, which, in either Case, shall be valid to all Intents
|
||||
and Purposes, as Part of this Constitution, when ratified by the Legislatures
|
||||
of three fourths of the several States, or by Conventions in three fourths
|
||||
thereof, as the one or the other Mode of Ratification may be proposed by
|
||||
the Congress; Provided that no Amendment which may be made prior to the
|
||||
Year one thousand eight hundred and eight shall in any Manner affect
|
||||
the first and fourth Clauses in the ninth Section of the first Article;
|
||||
and that no State, without its Consent, shall be deprived of it's
|
||||
equal Suffrage in the Senate.
|
||||
|
||||
ARTICLE SIX
|
||||
|
||||
All Debts contracted and Engagements entered into, before the Adoption
|
||||
of this Constitution, shall be as valid against the United States
|
||||
under this Constitution, as under the Confederation.
|
||||
|
||||
This Constitution, and the Laws of the United States which shall be made
|
||||
in Pursuance thereof; and all Treaties made, or which shall be made,
|
||||
under the Authority of the United States, shall be the supreme
|
||||
Law of the Land; and the Judges in every State shall be bound thereby,
|
||||
any Thing in the Constitution or Laws of any State to the Contrary
|
||||
notwithstanding.
|
||||
|
||||
The Senators and Representatives before mentioned, and the Members of the
|
||||
several State Legislatures, and all executive and judicial Officers,
|
||||
both of the United States and of the several States, shall be bound
|
||||
by Oath or Affirmation, to support this Constitution; but no religious
|
||||
Test shall ever be required as a Qualification to any Office or public Trust
|
||||
under the United States
|
||||
|
||||
ARTICLE SEVEN
|
||||
|
||||
The Ratification of the Conventions of nine States, shall be sufficient for the
|
||||
Establishment of this Constitution between the States so ratifying the Same.
|
||||
|
||||
Done in Convention by the Unanimous Consent of the States present
|
||||
the Seventeenth Day of September in the Year of our Lord one
|
||||
thousand seven hundred and eighty seven and of the Independence of the
|
||||
United States of America the Twelfth In Witness whereof We have
|
||||
hereunto subscribed our Names,
|
||||
|
||||
Go. WASHINGTON--
|
||||
Presid. and deputy from Virginia
|
||||
|
||||
New Hampshire
|
||||
|
||||
John Langdon
|
||||
Nicholas Gilman
|
||||
|
||||
Massachusetts
|
||||
|
||||
Nathaniel Gorham
|
||||
Rufus King
|
||||
|
||||
Connecticut
|
||||
|
||||
Wm. Saml. Johnson
|
||||
Roger herman
|
||||
|
||||
New York
|
||||
|
||||
Alexander Hamilton
|
||||
|
||||
New Jersey
|
||||
|
||||
Wil: Livingston
|
||||
David Brearley
|
||||
Wm. Paterson
|
||||
Jona: Dayton
|
||||
|
||||
Pennsylvania
|
||||
|
||||
B Franklin
|
||||
Thomas Mifflin
|
||||
Robt Morris
|
||||
Geo. Clymer
|
||||
Thos FitzSimons
|
||||
Jared Ingersoll
|
||||
James Wilson
|
||||
Gouv Morris
|
||||
|
||||
Delaware
|
||||
|
||||
Geo: Read
|
||||
Gunning Bedford jun
|
||||
John Dickinson
|
||||
Richard Bassett
|
||||
Jaco: Broom
|
||||
|
||||
Maryland
|
||||
|
||||
James Mchenry
|
||||
Dan of St Thos. Jenifer
|
||||
Danl Carroll
|
||||
|
||||
Virginia
|
||||
|
||||
John Blair--
|
||||
James Madison Jr.
|
||||
|
||||
North Carolina
|
||||
|
||||
Wm. Blount
|
||||
Rich'd Dobbs Spaight
|
||||
Hu Williamson
|
||||
|
||||
South Carolina
|
||||
|
||||
J. Rutledge
|
||||
Charles Cotesworth Pinckney
|
||||
Charles Pinckney
|
||||
Pierce Butler
|
||||
|
||||
Georgia
|
||||
|
||||
William Few
|
||||
Abr Baldwin
|
||||
|
||||
|
||||
Attest:
|
||||
William Jackson, Secretary
|
||||
|
||||
|
||||
|
||||
|
||||
884
textfiles.com/politics/const_in.cyb
Normal file
884
textfiles.com/politics/const_in.cyb
Normal file
@@ -0,0 +1,884 @@
|
||||
Laurence H. Tribe, "The Constitution in Cyberspace"
|
||||
PREPARED REMARKS
|
||||
|
||||
KEYNOTE ADDRESS AT THE
|
||||
FIRST CONFERENCE ON COMPUTERS, FREEDOM & PRIVACY
|
||||
|
||||
Copyright, 1991, Jim Warren & Computer Professionals for Social Responsibility
|
||||
All rights to copy the materials contained herein are reserved, except as
|
||||
hereafter explicitly licensed and permitted for anyone:
|
||||
Anyone may receive, store and distribute copies of this ASCII-format
|
||||
computer textfile in purely magnetic or electronic form, including on
|
||||
computer networks, computer bulletin board systems, computer conferencing
|
||||
systems, free computer diskettes, and host and personal computers, provided
|
||||
and only provided that:
|
||||
(1) this file, including this notice, is not altered in any manner, and
|
||||
(2) no profit or payment of any kind is charged for its distribution, other
|
||||
than normal online connect-time fees or the cost of the magnetic media, and
|
||||
(3) it is not reproduced nor distributed in printed or paper form, nor on
|
||||
CD ROM, nor in any form other than the electronic forms described above
|
||||
without prior written permission from the copyright holder.
|
||||
Arrangements to publish printed Proceedings of the First Conference on
|
||||
Computers, Freedom & Privacy are near completion. Audiotape and videotape
|
||||
versions are also being arranged.
|
||||
A later version of this file on the WELL (Sausalito, California) will
|
||||
include ordering details. Or, for details, or to propose other distribution
|
||||
alternatives, contact Jim Warren, CFP Chair,345 Swett Rd., Woodside CA 94062;
|
||||
voice:(415)851-7075; fax:(415)851-2814; e-mail:jwarren@well.sf.ca.us.[4/19/91]
|
||||
|
||||
[ These were the author's *prepared* remarks.
|
||||
A transcript of Professor Tribe's March 26th comments at the Conference
|
||||
(which expanded slightly on several points herein) will be uploaded onto the
|
||||
WELL as soon as it is transcribed from the audio tapes and proofed against
|
||||
the audio and/or videotapes.]
|
||||
|
||||
|
||||
"The Constitution in Cyberspace:
|
||||
Law and Liberty Beyond the Electronic Frontier"
|
||||
|
||||
by Laurence H. Tribe
|
||||
|
||||
Copyright 1991 Laurence H. Tribe,
|
||||
Tyler Professor of Constitutional Law,
|
||||
Harvard Law School.
|
||||
|
||||
Professor Tribe is the author, most recently, of
|
||||
"On Reading the Constitution" (Harvard University Press,
|
||||
Cambridge, MA, 1991).
|
||||
|
||||
|
||||
Introduction
|
||||
|
||||
My topic is how to "map" the text and structure of our
|
||||
Constitution onto the texture and topology of "cyberspace". That's
|
||||
the term coined by cyberpunk novelist William Gibson, which many
|
||||
now use to describe the "place" -- a place without physical walls
|
||||
or even physical dimensions -- where ordinary telephone
|
||||
conversations "happen," where voice-mail and e-mail messages are
|
||||
stored and sent back and forth, and where computer-generated
|
||||
graphics are transmitted and transformed, all in the form of
|
||||
interactions, some real-time and some delayed, among countless
|
||||
users, and between users and the computer itself
|
||||
|
||||
Some use the "cyberspace" concept to designate fantasy worlds
|
||||
or "virtual realities" of the sort Gibson described in his novel
|
||||
*Neuromancer*, in which people can essentially turn their minds into
|
||||
computer peripherals capable of perceiving and exploring the data
|
||||
matrix. The whole idea of "virtual reality," of course, strikes a
|
||||
slightly odd note. As one of Lily Tomlin's most memorable
|
||||
characters once asked, "What's reality, anyway, but a collective
|
||||
hunch?" Work in this field tends to be done largely by people who
|
||||
share the famous observation that reality is overrated!
|
||||
|
||||
However that may be, "cyberspace" connotes to some users the
|
||||
sorts of technologies that people in Silicon Valley (like Jaron
|
||||
Lanier at VPL Research, for instance) work on when they try to
|
||||
develop "virtual racquetball" for the disabled, computer-aided
|
||||
design systems that allow architects to walk through "virtual
|
||||
buildings" and remodel them *before* they are built, "virtual
|
||||
conferencing" for business meetings, or maybe someday even "virtual
|
||||
day care centers" for latchkey children. The user snaps on a pair
|
||||
of goggles hooked up to a high-powered computer terminal, puts on
|
||||
a special set of gloves (and perhaps other gear) wired into the
|
||||
same computer system, and, looking a little bit like Darth Vader,
|
||||
pretty much steps into a computer-driven, drug-free, 3-dimensional,
|
||||
interactive, infinitely expandable hallucination complete with
|
||||
sight, sound and touch -- allowing the user literally to move
|
||||
through, and experience, information.
|
||||
|
||||
I'm using the term "cyberspace" much more broadly, as many
|
||||
have lately. I'm using it to encompass the full array of
|
||||
computer-mediated audio and/or video interactions that are already
|
||||
widely dispersed in modern societies -- from things as ubiquitous
|
||||
as the ordinary telephone, to things that are still coming on-line
|
||||
like computer bulletin boards and networks like Prodigy, or like
|
||||
the WELL ("Whole Earth 'Lectronic Link"), based here in San
|
||||
Francisco. My topic, broadly put, is the implications of that
|
||||
rapidly expanding array for our constitutional order. It is a
|
||||
cyberspace, either get bent out of shape or fade out altogether.
|
||||
The question, then, becomes: when the lines along which our
|
||||
Constitution is drawn warp or vanish, what happens to the
|
||||
Constitution itself?
|
||||
|
||||
|
||||
Setting the Stage
|
||||
|
||||
To set the stage with a perhaps unfamiliar example, consider
|
||||
a decision handed down nine months ago, *Maryland v. Craig*, where
|
||||
the U.S. Supreme Court upheld the power of a state to put an
|
||||
alleged child abuser on trial with the defendant's accuser
|
||||
testifying not in the defendant's presence but by one-way,
|
||||
closed-circuit television. The Sixth Amendment, which of course
|
||||
antedated television by a century and a half, says: "In all
|
||||
criminal prosecutions, the accused shall enjoy the right . . . to
|
||||
be confronted with the witnesses against him." Justice O'Connor
|
||||
wrote for a bare majority of five Justices that the state's
|
||||
procedures nonetheless struck a fair balance between costs to the
|
||||
accused and benefits to the victim and to society as a whole.
|
||||
Justice Scalia, joined by the three "liberals" then on the Court
|
||||
(Justices Brennan, Marshall and Stevens), dissented from that
|
||||
cost-benefit approach to interpreting the Sixth Amendment. He
|
||||
wrote:
|
||||
|
||||
The Court has convincingly proved that the Maryland
|
||||
procedure serves a valid interest, and gives the
|
||||
defendant virtually everything the Confrontation Clause
|
||||
guarantees (everything, that is, except confrontation).
|
||||
I am persuaded, therefore, that the Maryland procedure is
|
||||
virtually constitutional. Since it is not, however,
|
||||
actually constitutional I [dissent].
|
||||
|
||||
Could it be that the high-tech, closed-circuit TV context,
|
||||
almost as familiar to the Court's youngest Justice as to his even
|
||||
younger law clerks, might've had some bearing on Justice Scalia's
|
||||
sly invocation of "virtual" constitutional reality? Even if
|
||||
Justice Scalia wasn't making a pun on "virtual reality," and I
|
||||
suspect he wasn't, his dissenting opinion about the Confrontation
|
||||
Clause requires *us* to "confront" the recurring puzzle of how
|
||||
constitutional provisions written two centuries ago should be
|
||||
construed and applied in ever-changing circumstances.
|
||||
|
||||
Should contemporary society's technology-driven cost-benefit
|
||||
fixation be allowed to water down the old-fashioned value of direct
|
||||
confrontation that the Constitution seemingly enshrined as basic?
|
||||
I would hope not. In that respect, I find myself in complete
|
||||
agreement with Justice Scalia.
|
||||
|
||||
But new technological possibilities for seeing your accuser
|
||||
clearly without having your accuser see you at all -- possibilities
|
||||
for sparing the accuser any discomfort in ways that the accuser
|
||||
couldn't be spared before one-way mirrors or closed-circuit TVs
|
||||
were developed -- *should* lead us at least to ask ourselves whether
|
||||
*two*-way confrontation, in which your accuser is supposed to be made
|
||||
uncomfortable, and thus less likely to lie, really *is* the core
|
||||
value of the Confrontation Clause. If so, "virtual" confrontation
|
||||
should be held constitutionally insufficient. If not -- if the
|
||||
core value served by the Confrontation Clause is just the ability
|
||||
to *watch* your accuser say that you did it -- then "virtual"
|
||||
confrontation should suffice. New technologies should lead us to
|
||||
look more closely at just *what values* the Constitution seeks to
|
||||
preserve. New technologies should *not* lead us to react reflexively
|
||||
*either way* -- either by assuming that technologies the Framers
|
||||
didn't know about make their concerns and values obsolete, or by
|
||||
assuming that those new technologies couldn't possibly provide new
|
||||
ways out of old dilemmas and therefore should be ignored
|
||||
altogether.
|
||||
|
||||
The one-way mirror yields a fitting metaphor for the task we
|
||||
confront. As the Supreme Court said in a different context several
|
||||
years ago, "The mirror image presented [here] requires us to step
|
||||
through an analytical looking glass to resolve it." (*NCAA v.
|
||||
Tarkanian*, 109 S. Ct. at 462.) The world in which the Sixth
|
||||
Amendment's Confrontation Clause was written and ratified was a
|
||||
world in which "being confronted with" your accuser *necessarily*
|
||||
meant a simultaneous physical confrontation so that your accuser
|
||||
had to *perceive* you being accused by him. Closed-circuit
|
||||
television and one-way mirrors changed all that by *decoupling* those
|
||||
two dimensions of confrontation, marking a shift in the conditions of
|
||||
information-transfer that is in many ways typical of cyberspace.
|
||||
|
||||
What does that sort of shift mean for constitutional analysis?
|
||||
A common way to react is to treat the pattern as it existed *prior*
|
||||
to the new technology (the pattern in which doing "A" necessarily
|
||||
*included* doing "B") as essentially arbitrary or accidental. Taking
|
||||
this approach, once the technological change makes it possible to
|
||||
do "A" *without* "B" -- to see your accuser without having him or her
|
||||
see you, or to read someone's mail without her knowing it, to
|
||||
switch examples -- one concludes that the "old" Constitution's
|
||||
inclusion of "B" is irrelevant; one concludes that it is enough for
|
||||
the government to guarantee "A" alone. Sometimes that will be the
|
||||
case; but it's vital to understand that, sometimes, it won't be.
|
||||
|
||||
A characteristic feature of modernity is the subordination of
|
||||
purpose to accident -- an acute appreciation of just how contingent
|
||||
and coincidental the connections we are taught to make often are.
|
||||
We understand, as moderns, that many of the ways we carve up and
|
||||
organize the world reflect what our social history and cultural
|
||||
heritage, and perhaps our neurological wiring, bring to the world,
|
||||
and not some irreducible "way things are." A wonderful example
|
||||
comes from a 1966 essay by Jorge Louis Borges, "Other
|
||||
Inquisitions." There, the essayist describes the following
|
||||
taxonomy of the animal kingdom, which he purports to trace to an
|
||||
ancient Chinese encyclopedia entitled *The Celestial Emporium of
|
||||
Benevolent Knowledge*:
|
||||
|
||||
On those remote pages it is written that animals are
|
||||
divided into:
|
||||
|
||||
(a) those belonging to the Emperor
|
||||
(b) those that are embalmed
|
||||
(c) those that are trained
|
||||
(d) suckling pigs
|
||||
(e) mermaids
|
||||
(f) fabulous ones
|
||||
(g) stray dogs
|
||||
(h) those that are included in this classification
|
||||
(i) those that tremble as if they were mad
|
||||
(j) innumerable ones
|
||||
(k) those drawn with a very fine camel's hair brush
|
||||
(l) others
|
||||
(m) those that have just broken a water pitcher
|
||||
(n) those that, from a great distance, resemble flies
|
||||
|
||||
Contemporary writers from Michel Foucault, in *The Archaeology
|
||||
of Knowledge*, through George Lakoff, in *Women, Fire, and Dangerous
|
||||
Things*, use Borges' Chinese encyclopedia to illustrate a range of
|
||||
different propositions, but the *core* proposition is the supposed
|
||||
arbitrariness -- the political character, in a sense -- of all
|
||||
culturally imposed categories.
|
||||
|
||||
At one level, that proposition expresses a profound truth and
|
||||
may encourage humility by combating cultural imperialism. At
|
||||
another level, though, the proposition tells a dangerous lie: it
|
||||
suggests that we have descended into the nihilism that so obsessed
|
||||
Nietzsche and other thinkers -- a world where *everything* is
|
||||
relative, all lines are up for grabs, all principles and
|
||||
connections are just matters of purely subjective preference or,
|
||||
worse still, arbitrary convention. Whether we believe that killing
|
||||
animals for food is wrong, for example, becomes a question
|
||||
indistinguishable from whether we happen to enjoy eating beans,
|
||||
rice and tofu.
|
||||
|
||||
This is a particularly pernicious notion in a era when we pass
|
||||
more and more of our lives in cyberspace, a place where, almost by
|
||||
definition, our most familiar landmarks are rearranged or disappear
|
||||
altogether -- because there is a pervasive tendency, even (and
|
||||
perhaps especially) among the most enlightened, to forget that the
|
||||
human values and ideals to which we commit ourselves may indeed be
|
||||
universal and need not depend on how our particular cultures, or
|
||||
our latest technologies, carve up the universe we inhabit. It was
|
||||
my very wise colleague from Yale, the late Art Leff, who once
|
||||
observed that, even in a world without an agreed-upon God, we can
|
||||
still agree -- even if we can't "prove" mathematically -- that
|
||||
"napalming babies is wrong."
|
||||
|
||||
The Constitution's core values, I'm convinced, need not be
|
||||
transmogrified, or metamorphosed into oblivion, in the dim recesses
|
||||
of cyberspace. But to say that they *need* not be lost there is
|
||||
hardly to predict that they *will* not be. On the contrary, without
|
||||
further thought and awareness of the kind this conference might
|
||||
provide, the danger is clear and present that they *will* be.
|
||||
|
||||
The "event horizon" against which this transformation might
|
||||
occur is already plainly visible:
|
||||
|
||||
Electronic trespassers like Kevin Mitnik don't stop with
|
||||
cracking pay phones, but break into NORAD -- the North American
|
||||
Defense Command computer in Colorado Springs -- not in a *WarGames*
|
||||
movie, but in real life.
|
||||
|
||||
Less challenging to national security but more ubiquitously
|
||||
threatening, computer crackers download everyman's credit history
|
||||
>from institutions like TRW; start charging phone calls (and more)
|
||||
to everyman's number; set loose "worm" programs that shut down
|
||||
thousands of linked computers; and spread "computer viruses"
|
||||
through everyman's work or home PC.
|
||||
|
||||
It is not only the government that feels threatened by
|
||||
"computer crime"; both the owners and the users of private
|
||||
information services, computer bulletin boards, gateways, and
|
||||
networks feel equally vulnerable to this new breed of invisible
|
||||
trespasser. The response from the many who sense danger has been
|
||||
swift, and often brutal, as a few examples illustrate.
|
||||
|
||||
Last March, U.S. Secret Service agents staged a surprise raid
|
||||
on Steve Jackson Games, a small games manufacturer in
|
||||
Austin, Texas, and seized all paper and electronic drafts of its
|
||||
newest fantasy role-playing game, *GURPS[reg.t.m.] Cyberpunk*,
|
||||
calling the game a "handbook for computer crime."
|
||||
|
||||
By last Spring, up to one quarter of the U.S. Treasury
|
||||
Department's investigators had become involved in a project of
|
||||
eavesdropping on computer bulletin boards, apparently tracking
|
||||
notorious hackers like "Acid Phreak" and "Phiber Optik" through
|
||||
what one journalist dubbed "the dark canyons of cyberspace."
|
||||
|
||||
Last May, in the now famous (or infamous) "Operation Sun Devil,"
|
||||
more than 150 secret service agents teamed up with state
|
||||
and local law enforcement agencies, and with security personnel
|
||||
>from AT&T, American Express, U.S. Sprint, and a number of the
|
||||
regional Bell telephone companies, armed themselves with over two
|
||||
dozen search warrants and more than a few guns, and seized 42
|
||||
computers and 23,000 floppy discs in 14 cities from New York to
|
||||
Texas. Their target: a loose-knit group of people in their teens
|
||||
and twenties, dubbed the "Legion of Doom."
|
||||
|
||||
I am not describing an Indiana Jones movie. I'm talking about
|
||||
America in the 1990s.
|
||||
|
||||
The Problem
|
||||
|
||||
The Constitution's architecture can too easily come to seem
|
||||
quaintly irrelevant, or at least impossible to take very seriously,
|
||||
in the world as reconstituted by the microchip. I propose today to
|
||||
canvass five axioms of our constitutional law -- five basic
|
||||
assumptions that I believe shape the way American constitutional
|
||||
scholars and judges view legal issues -- and to examine how they
|
||||
can adapt to the cyberspace age. My conclusion (and I will try not
|
||||
to give away too much of the punch line here) is that the Framers
|
||||
of our Constitution were very wise indeed. They bequeathed us a
|
||||
framework for all seasons, a truly astonishing document whose
|
||||
principles are suitable for all times and all technological
|
||||
landscapes.
|
||||
|
||||
|
||||
Axiom 1:
|
||||
There is a Vital Difference
|
||||
*Between Government and Private Action*
|
||||
|
||||
The first axiom I will discuss is the proposition that the
|
||||
Constitution, with the sole exception of the Thirteenth Amendment
|
||||
prohibiting slavery, regulates action by the *government* rather than
|
||||
the conduct of *private* individuals and groups. In an article I
|
||||
wrote in the Harvard Law Review in November 1989 on "The Curvature
|
||||
of Constitutional Space," I discussed the Constitution's
|
||||
metaphor-morphosis from a Newtonian to an Einsteinian and
|
||||
Heisenbergian paradigm. It was common, early in our history, to
|
||||
see the Constitution as "Newtonian in design with its carefully
|
||||
counterpoised forces and counterforces, its [geographical and
|
||||
institutional] checks and balances." (103 *Harv. L. Rev.* at 3.)
|
||||
|
||||
Indeed, in many ways contemporary constitutional law is still
|
||||
trapped within and stunted by that paradigm. But today at least
|
||||
some post-modern constitutionalists tend to think and talk in the
|
||||
language of relativity, quantum mechanics, and chaos theory. This
|
||||
may quite naturally suggest to some observers that the
|
||||
Constitution's basic strategy of decentralizing and diffusing power
|
||||
by constraining and fragmenting governmental authority in
|
||||
particular has been rendered obsolete.
|
||||
|
||||
The institutional separation of powers among the three federal
|
||||
branches of government, the geographical division of authority
|
||||
between the federal government and the fifty state governments, the
|
||||
recognition of national boundaries, and, above all, the sharp
|
||||
distinction between the public and private spheres, become easy to
|
||||
deride as relics of a simpler, pre-computer age. Thus Eli Noam, in
|
||||
the First Ithiel de Sola Pool Memorial Lecture, delivered last
|
||||
October at MIT, notes that computer networks and network
|
||||
associations acquire quasi-governmental powers as they necessarily
|
||||
take on such tasks as mediating their members' conflicting
|
||||
interests, establishing cost shares, creating their own rules of
|
||||
admission and access and expulsion, even establishing their own *de
|
||||
facto* taxing mechanisms. In Professor Noam's words, "networks
|
||||
become political entities," global nets that respect no state or
|
||||
local boundaries. Restrictions on the use of information in one
|
||||
country (to protect privacy, for example) tend to lead to export of
|
||||
that information to other countries, where it can be analyzed and
|
||||
then used on a selective basis in the country attempting to
|
||||
restrict it. "Data havens" reminiscent of the role played by the
|
||||
Swiss in banking may emerge, with few restrictions on the storage
|
||||
and manipulation of information.
|
||||
|
||||
A tempting conclusion is that, to protect the free speech and
|
||||
other rights of *users* in such private networks, judges must treat
|
||||
these networks not as associations that have rights of their own
|
||||
*against* the government but as virtual "governments" in themselves
|
||||
-- as entities against which individual rights must be defended in
|
||||
the Constitution's name. Such a conclusion would be misleadingly
|
||||
simplistic. There are circumstances, of course, when
|
||||
non-governmental bodies like privately owned "company towns" or
|
||||
even huge shopping malls should be subjected to legislative and
|
||||
administrative controls by democratically accountable entities, or
|
||||
even to judicial controls as though they were arms of the state --
|
||||
but that may be as true (or as false) of multinational corporations
|
||||
or foundations, or transnational religious organizations, or even
|
||||
small-town communities, as it is of computer-mediated networks.
|
||||
It's a fallacy to suppose that, just because a computer bulletin
|
||||
board or network or gateway is *something like* a shopping mall,
|
||||
government has as much constitutional duty -- or even authority --
|
||||
to guarantee open public access to such a network as it has to
|
||||
guarantee open public access to a privately owned shopping center
|
||||
like the one involved in the U.S. Supreme Court's famous *PruneYard
|
||||
Shopping Center* decision of 1980, arising from nearby San Jose.
|
||||
|
||||
The rules of law, both statutory and judge-made, through which
|
||||
each state *allocates* private powers and responsibilities themselves
|
||||
represent characteristic forms of government action. That's why a
|
||||
state's rules for imposing liability on private publishers, or for
|
||||
deciding which private contracts to enforce and which ones to
|
||||
invalidate, are all subject to scrutiny for their consistency with
|
||||
the federal Constitution. But as a general proposition it is only
|
||||
what *governments* do, either through such rules or through the
|
||||
actions of public officials, that the United States Constitution
|
||||
constrains. And nothing about any new technology suddenly erases
|
||||
the Constitution's enduring value of restraining *government* above
|
||||
all else, and of protecting all private groups, large and small,
|
||||
>from government.
|
||||
|
||||
It's true that certain technologies may become socially
|
||||
indispensable -- so that equal or at least minimal access to basic
|
||||
computer power, for example, might be as significant a
|
||||
constitutional goal as equal or at least minimal access to the
|
||||
franchise, or to dispute resolution through the judicial system,
|
||||
or to elementary and secondary education. But all this means (or
|
||||
should mean) is that the Constitution's constraints on government
|
||||
must at times take the form of imposing *affirmative duties* to
|
||||
assure access rather than merely enforcing *negative prohibitions*
|
||||
against designated sorts of invasion or intrusion.
|
||||
|
||||
Today, for example, the government is under an affirmative
|
||||
obligation to open up criminal trials to the press and the public,
|
||||
at least where there has not been a particularized finding that
|
||||
such openness would disrupt the proceedings. The government is
|
||||
also under an affirmative obligation to provide free legal
|
||||
assistance for indigent criminal defendants, to assure speedy
|
||||
trials, to underwrite the cost of counting ballots at election
|
||||
time, and to desegregate previously segregated school systems. But
|
||||
these occasional affirmative obligations don't, or shouldn't, mean
|
||||
that the Constitution's axiomatic division between the realm of
|
||||
public power and the realm of private life should be jettisoned.
|
||||
|
||||
Nor would the "indispensability" of information technologies
|
||||
provide a license for government to impose strict content, access,
|
||||
pricing, and other types of regulation. *Books* are indispensable to
|
||||
most of us, for example -- but it doesn't follow that government
|
||||
should therefore be able to regulate the content of what goes onto
|
||||
the shelves of *bookstores*. The right of a private bookstore owner
|
||||
to decide which books to stock and which to discard, which books to
|
||||
display openly and which to store in limited access areas, should
|
||||
remain inviolate. And note, incidentally, that this needn't make
|
||||
the bookstore owner a "publisher" who is liable for the words
|
||||
printed in the books on her shelves. It's a common fallacy to
|
||||
imagine that the moment a computer gateway or bulletin board begins
|
||||
to exercise powers of selection to control who may be on line, it
|
||||
must automatically assume the responsibilities of a newscaster, a
|
||||
broadcaster, or an author. For computer gateways and bulletin
|
||||
boards are really the "bookstores" of cyberspace; most of them
|
||||
organize and present information in a computer format, rather than
|
||||
generating more information content of their own.
|
||||
|
||||
|
||||
Axiom 2:
|
||||
The Constitutional Boundaries of Private Property
|
||||
and Personality Depend on Variables Deeper Than
|
||||
*Social Utility and Technological Feasibility*
|
||||
|
||||
The second constitutional axiom, one closely related to the
|
||||
private-public distinction of the first axiom, is that a person's
|
||||
mind, body, and property belong *to that person* and not to the
|
||||
public as a whole. Some believe that cyberspace challenges that
|
||||
axiom because its entire premise lies in the existence of computers
|
||||
tied to electronic transmission networks that process digital
|
||||
information. Because such information can be easily replicated in
|
||||
series of "1"s and "0"s, anything that anyone has come up with in
|
||||
virtual reality can be infinitely reproduced. I can log on to a
|
||||
computer library, copy a "virtual book" to my computer disk, and
|
||||
send a copy to your computer without creating a gap on anyone's
|
||||
bookshelf. The same is true of valuable computer programs, costing
|
||||
hundreds of dollars, creating serious piracy problems. This
|
||||
feature leads some, like Richard Stallman of the Free Software
|
||||
Foundation, to argue that in cyberspace everything should be free
|
||||
-- that information can't be owned. Others, of course, argue that
|
||||
copyright and patent protections of various kinds are needed in
|
||||
order for there to be incentives to create "cyberspace property" in
|
||||
the first place.
|
||||
|
||||
Needless to say, there are lively debates about what the
|
||||
optimal incentive package should be as a matter of legislative and
|
||||
social policy. But the only *constitutional* issue, at bottom, isn't
|
||||
the utilitarian or instrumental selection of an optimal policy.
|
||||
Social judgments about what ought to be subject to individual
|
||||
appropriation, in the sense used by John Locke and Robert Nozick,
|
||||
and what ought to remain in the open public domain, are first and
|
||||
foremost *political* decisions.
|
||||
|
||||
To be sure, there are some constitutional constraints on these
|
||||
political decisions. The Constitution does not permit anything and
|
||||
everything to be made into a *private commodity*. Votes, for
|
||||
example, theoretically cannot be bought and sold. Whether the
|
||||
Constitution itself should be read (or amended) so as to permit all
|
||||
basic medical care, shelter, nutrition, legal assistance and,
|
||||
indeed, computerized information services, to be treated as mere
|
||||
commodities, available only to the highest bidder, are all terribly
|
||||
hard questions -- as the Eastern Europeans are now discovering as
|
||||
they attempt to draft their own constitutions. But these are not
|
||||
questions that should ever be confused with issues of what is
|
||||
technologically possible, about what is realistically enforceable,
|
||||
or about what is socially desirable.
|
||||
|
||||
Similarly, the Constitution does not permit anything and
|
||||
everything to be *socialized* and made into a public good available
|
||||
to whoever needs or "deserves" it most. I would hope, for example,
|
||||
that the government could not use its powers of eminent domain to
|
||||
"take" live body parts like eyes or kidneys or brain tissue for
|
||||
those who need transplants and would be expected to lead
|
||||
particularly productive lives. In any event, I feel certain that
|
||||
whatever constitutional right each of us has to inhabit his or her
|
||||
own body and to hold onto his or her own thoughts and creations
|
||||
should not depend solely on cost-benefit calculations, or on the
|
||||
availability of technological methods for painlessly effecting
|
||||
transfers or for creating good artificial substitutes.
|
||||
|
||||
|
||||
Axiom 3:
|
||||
*Government May Not Control Information Content*
|
||||
|
||||
A third constitutional axiom, like the first two, reflects a
|
||||
deep respect for the integrity of each individual and a healthy
|
||||
skepticism toward government. The axiom is that, although
|
||||
information and ideas have real effects in the social world, it's
|
||||
not up to government to pick and choose for us in terms of the
|
||||
*content* of that information or the *value* of those ideas.
|
||||
|
||||
This notion is sometimes mistakenly reduced to the naive
|
||||
child's ditty that "sticks and stones may break my bones, but words
|
||||
can never hurt me." Anybody who's ever been called something awful
|
||||
by children in a schoolyard knows better than to believe any such
|
||||
thing. The real basis for First Amendment values isn't the false
|
||||
premise that information and ideas have no real impact, but the
|
||||
belief that information and ideas are *too important* to entrust to
|
||||
any government censor or overseer.
|
||||
|
||||
If we keep that in mind, and *only* if we keep that in mind,
|
||||
will we be able to see through the tempting argument that, in the
|
||||
Information Age, free speech is a luxury we can no longer afford.
|
||||
That argument becomes especially tempting in the context of
|
||||
cyberspace, where sequences of "0"s and "1"s may become virtual
|
||||
life forms. Computer "viruses" roam the information nets,
|
||||
attaching themselves to various programs and screwing up computer
|
||||
facilities. Creation of a computer virus involves writing a
|
||||
program; the program then replicates itself and mutates. The
|
||||
electronic code involved is very much like DNA. If information
|
||||
content is "speech," and if the First Amendment is to apply in
|
||||
cyberspace, then mustn't these viruses be "speech" -- and mustn't
|
||||
their writing and dissemination be constitutionally protected? To
|
||||
avoid that nightmarish outcome, mustn't we say that the First
|
||||
Amendment is *inapplicable* to cyberspace?
|
||||
|
||||
The answer is no. Speech is protected, but deliberately
|
||||
yelling "Boo!" at a cardiac patient may still be prosecuted as
|
||||
murder. Free speech is a constitutional right, but handing a bank
|
||||
teller a hold-up note that says, "Your money or your life," may
|
||||
still be punished as robbery. Stealing someone's diary may be
|
||||
punished as theft -- even if you intend to publish it in book form.
|
||||
And the Supreme Court, over the past fifteen years, has gradually
|
||||
brought advertising within the ambit of protected expression
|
||||
without preventing the government from protecting consumers from
|
||||
deceptive advertising. The lesson, in short, is that
|
||||
constitutional principles are subtle enough to bend to such
|
||||
concerns. They needn't be broken or tossed out.
|
||||
|
||||
|
||||
Axiom 4:
|
||||
The Constitution is Founded on Normative
|
||||
Conceptions of Humanity That Advances
|
||||
*in Science and Technology Cannot "Disprove"*
|
||||
|
||||
A fourth constitutional axiom is that the human spirit is
|
||||
something beyond a physical information processor. That axiom,
|
||||
which regards human thought processes as not fully reducible to the
|
||||
operations of a computer program, however complex, must not be
|
||||
confused with the silly view that, because computer operations
|
||||
involve nothing more than the manipulation of "on" and "off" states
|
||||
of myriad microchips, it somehow follows that government control or
|
||||
outright seizure of computers and computer programs threatens no
|
||||
First Amendment rights because human thought processes are not
|
||||
directly involved. To say that would be like saying that
|
||||
government confiscation of a newspaper's printing press and
|
||||
tomorrow morning's copy has nothing to do with speech but involves
|
||||
only a taking of metal, paper, and ink. Particularly if the seizure
|
||||
or the regulation is triggered by the content of the information
|
||||
being processed or transmitted, the First Amendment is of course
|
||||
fully involved. Yet this recognition that information processing
|
||||
by computer entails something far beyond the mere sequencing of
|
||||
mechanical or chemical steps still leaves a potential gap between
|
||||
what computers can do internally and in communication with one
|
||||
another -- and what goes on within and between human minds. It is
|
||||
that gap to which this fourth axiom is addressed; the very
|
||||
existence of any such gap is, as I'm sure you know, a matter of
|
||||
considerable controversy.
|
||||
|
||||
What if people like the mathematician and physicist Roger
|
||||
Penrose, author of *The Emperor's New Mind*, are wrong about human
|
||||
minds? In that provocative recent book, Penrose disagrees with
|
||||
those Artificial Intelligence, or AI, gurus who insist that it's
|
||||
only a matter of time until human thought and feeling can be
|
||||
perfectly simulated or even replicated by a series of purely
|
||||
physical operations -- that it's all just neurons firing and
|
||||
neurotransmitters flowing, all subject to perfect modeling in
|
||||
suitable computer systems. Would an adherent of that AI orthodoxy,
|
||||
someone whom Penrose fails to persuade, have to reject as
|
||||
irrelevant for cyberspace those constitutional protections that
|
||||
rest on the anti-AI premise that minds are *not* reducible to really
|
||||
fancy computers?
|
||||
|
||||
Consider, for example, the Fifth Amendment, which provides
|
||||
that "no person shall be . . . compelled in any criminal case to
|
||||
be a witness against himself." The Supreme Court has long held
|
||||
that suspects may be required, despite this protection, to provide
|
||||
evidence that is not "testimonial" in nature -- blood samples, for
|
||||
instance, or even exemplars of one's handwriting or voice. Last
|
||||
year, in a case called *Pennsylvania v. Muniz*, the Supreme Court
|
||||
held that answers to even simple questions like "When was your
|
||||
sixth birthday?" are testimonial because such a question, however
|
||||
straightforward, nevertheless calls for the product of mental
|
||||
activity and therefore uses the suspect's mind against him. But
|
||||
what if science could eventually describe thinking as a process no
|
||||
more complex than, say, riding a bike or digesting a meal? Might
|
||||
the progress of neurobiology and computer science eventually
|
||||
overthrow the premises of the *Muniz* decision?
|
||||
|
||||
I would hope not. For the Constitution's premises, properly
|
||||
understood, are *normative* rather than *descriptive*. The philosopher
|
||||
David Hume was right in teaching that no "ought" can ever be
|
||||
logically derived from an "is." If we should ever abandon the
|
||||
Constitution's protection for the distinctively and universally
|
||||
human, it won't be because robotics or genetic engineering or
|
||||
computer science have led us to deeper truths, but rather because
|
||||
they have seduced us into more profound confusions. Science and
|
||||
technology open options, create possibilities, suggest
|
||||
incompatibilities, generate threats. They do not alter what is
|
||||
"right" or what is "wrong." The fact that those notions are
|
||||
elusive and subject to endless debate need not make them totally
|
||||
contingent on contemporary technology.
|
||||
|
||||
|
||||
Axiom 5:
|
||||
Constitutional Principles Should Not
|
||||
*Vary With Accidents of Technology*
|
||||
|
||||
In a sense, that's the fifth and final constitutional axiom I
|
||||
would urge upon this gathering: that the Constitution's norms, at
|
||||
their deepest level, must be invariant under merely *technological*
|
||||
transformations. Our constitutional law evolves through judicial
|
||||
interpretation, case by case, in a process of reasoning by analogy
|
||||
>from precedent. At its best, that process is ideally suited to
|
||||
seeing beneath the surface and extracting deeper principles from
|
||||
prior decisions. At its worst, though, the same process can get
|
||||
bogged down in superficial aspects of preexisting examples,
|
||||
fixating upon unessential features while overlooking underlying
|
||||
principles and values.
|
||||
|
||||
When the Supreme Court in 1928 first confronted wiretapping
|
||||
and held in *Olmstead v. United States* that such wiretapping
|
||||
involved no "search" or "seizure" within the meaning of the Fourth
|
||||
Amendment's prohibition of "unreasonable searches and seizures,"
|
||||
the majority of the Court reasoned that the Fourth Amendment
|
||||
"itself shows that the search is to be of material things -- the
|
||||
person, the house, his papers or his effects," and said that "there
|
||||
was no searching" when a suspect's phone was tapped because the
|
||||
Constitution's language "cannot be extended and expanded to include
|
||||
telephone wires reaching to the whole world from the defendant's
|
||||
house or office." After all, said the Court, the intervening wires
|
||||
"are not part of his house or office any more than are the highways
|
||||
along which they are stretched." Even to a law student in the
|
||||
1960s, as you might imagine, that "reasoning" seemed amazingly
|
||||
artificial. Yet the *Olmstead* doctrine still survived.
|
||||
|
||||
It would be illuminating at this point to compare the Supreme
|
||||
Court's initial reaction to new technology in *Olmstead* with its
|
||||
initial reaction to new technology in *Maryland v. Craig*, the 1990
|
||||
closed-circuit television case with which we began this discussion.
|
||||
In *Craig*, a majority of the Justices assumed that, when the 18th-
|
||||
century Framers of the Confrontation Clause included a guarantee of
|
||||
two-way *physical* confrontation, they did so solely because it had
|
||||
not yet become technologically feasible for the accused to look his
|
||||
accuser in the eye without having the accuser simultaneously watch
|
||||
the accused. Given that this technological obstacle has been
|
||||
removed, the majority assumed, one-way confrontation is now
|
||||
sufficient. It is enough that the accused not be subject to
|
||||
criminal conviction on the basis of statements made outside his
|
||||
presence.
|
||||
|
||||
In *Olmstead*, a majority of the Justices assumed that, when the
|
||||
18th-century authors of the Fourth Amendment used language that
|
||||
sounded "physical" in guaranteeing against invasions of a person's
|
||||
dwelling or possessions, they did so not solely because *physical*
|
||||
invasions were at that time the only serious threats to personal
|
||||
privacy, but for the separate and distinct reason that *intangible*
|
||||
invasions simply would not threaten any relevant dimension of
|
||||
Fourth Amendment privacy.
|
||||
|
||||
In a sense, *Olmstead* mindlessly read a new technology *out* of
|
||||
the Constitution, while *Craig* absent-mindedly read a new technology
|
||||
*into* the Constitution. But both decisions -- *Olmstead* and *Craig* --
|
||||
had the structural effect of withholding the protections of the
|
||||
Bill of Rights from threats made possible by new information
|
||||
technologies. *Olmstead* did so by implausibly reading the
|
||||
Constitution's text as though it represented a deliberate decision
|
||||
not to extend protection to threats that 18th-century thinkers
|
||||
simply had not foreseen. *Craig* did so by somewhat more plausibly
|
||||
-- but still unthinkingly -- treating the Constitution's seemingly
|
||||
explicit coupling of two analytically distinct protections as
|
||||
reflecting a failure of technological foresight and imagination,
|
||||
rather than a deliberate value choice.
|
||||
|
||||
The *Craig* majority's approach appears to have been driven in
|
||||
part by an understandable sense of how a new information technology
|
||||
could directly protect a particularly sympathetic group, abused
|
||||
children, from a traumatic trial experience. The *Olmstead*
|
||||
majority's approach probably reflected both an exaggerated estimate
|
||||
of how difficult it would be to obtain wiretapping warrants even
|
||||
where fully justified, and an insufficient sense of how a new
|
||||
information technology could directly threaten all of us. Although
|
||||
both *Craig* and *Olmstead* reveal an inadequate consciousness about
|
||||
how new technologies interact with old values, *Craig* at least seems
|
||||
defensible even if misguided, while *Olmstead* seems just plain
|
||||
wrong.
|
||||
|
||||
Around 23 years ago, as a then-recent law school graduate
|
||||
serving as law clerk to Supreme Court Justice Potter Stewart, I
|
||||
found myself working on a case involving the government's
|
||||
electronic surveillance of a suspected criminal -- in the form of
|
||||
a tiny device attached to the outside of a public telephone booth.
|
||||
Because the invasion of the suspect's privacy was accomplished
|
||||
without physical trespass into a "constitutionally protected area,"
|
||||
the Federal Government argued, relying on *Olmstead*, that there had
|
||||
been no "search" or "seizure," and therefore that the Fourth
|
||||
Amendment "right of the people to be secure in their persons,
|
||||
houses, papers, and effects, against unreasonable searches and
|
||||
seizures," simply did not apply.
|
||||
|
||||
At first, there were only four votes to overrule *Olmstead* and
|
||||
to hold the Fourth Amendment applicable to wiretapping and
|
||||
electronic eavesdropping. I'm proud to say that, as a 26-year-old
|
||||
kid, I had at least a little bit to do with changing that number
|
||||
>from four to seven -- and with the argument, formally adopted by a
|
||||
seven-Justice majority in December 1967, that the Fourth Amendment
|
||||
"protects people, not places." (389 U.S. at 351.) In that
|
||||
decision, *Katz v. United States*, the Supreme Court finally
|
||||
repudiated *Olmstead* and the many decisions that had relied upon it
|
||||
and reasoned that, given the role of electronic telecommunications
|
||||
in modern life, the First Amendment purposes of protecting *free
|
||||
speech* as well as the Fourth Amendment purposes of protecting
|
||||
*privacy* require treating as a "search" any invasion of a person's
|
||||
confidential telephone communications, with or without physical
|
||||
trespass.
|
||||
|
||||
Sadly, nine years later, in *Smith v. Maryland*, the Supreme
|
||||
Court retreated from the *Katz* principle by holding that no search
|
||||
occurs and therefore no warrant is needed when police, with the
|
||||
assistance of the telephone company, make use of a "pen register",
|
||||
a mechanical device placed on someone's phone line that records all
|
||||
numbers dialed from the phone and the times of dialing. The
|
||||
Supreme Court, over the dissents of Justices Stewart, Brennan, and
|
||||
Marshall, found no legitimate expectation of privacy in the numbers
|
||||
dialed, reasoning that the digits one dials are routinely recorded
|
||||
by the phone company for billing purposes. As Justice Stewart, the
|
||||
author of *Katz*, aptly pointed out, "that observation no more than
|
||||
describes the basic nature of telephone calls . . . . It is simply
|
||||
not enough to say, after *Katz*, that there is no legitimate
|
||||
expectation of privacy in the numbers dialed because the caller
|
||||
assumes the risk that the telephone company will expose them to the
|
||||
police." (442 U.S. at 746-747.) Today, the logic of *Smith* is
|
||||
being used to say that people have no expectation of privacy when
|
||||
they use their cordless telephones since they know or should know
|
||||
that radio waves can be easily monitored!
|
||||
|
||||
It is easy to be pessimistic about the way in which the
|
||||
Supreme Court has reacted to technological change. In many
|
||||
respects, *Smith* is unfortunately more typical than *Katz* of the way
|
||||
the Court has behaved. For example, when movies were invented, and
|
||||
for several decades thereafter, the Court held that movie
|
||||
exhibitions were not entitled to First Amendment protection. When
|
||||
community access cable TV was born, the Court hindered municipal
|
||||
attempts to provide it at low cost by holding that rules requiring
|
||||
landlords to install small cable boxes on their apartment buildings
|
||||
amounted to a compensable taking of property. And in *Red Lion v.
|
||||
FCC*, decided twenty-two years ago but still not repudiated today,
|
||||
the Court ratified government control of TV and radio broadcast
|
||||
content with the dubious logic that the scarcity of the
|
||||
electromagnetic spectrum justified not merely government policies
|
||||
to auction off, randomly allocate, or otherwise ration the spectrum
|
||||
according to neutral rules, but also much more intrusive and
|
||||
content-based government regulation in the form of the so-called
|
||||
"fairness doctrine."
|
||||
|
||||
Although the Supreme Court and the lower federal courts have
|
||||
taken a somewhat more enlightened approach in dealing with cable
|
||||
television, these decisions for the most part reveal a curious
|
||||
judicial blindness, as if the Constitution had to be reinvented
|
||||
with the birth of each new technology. Judges interpreting a late
|
||||
18th century Bill of Rights tend to forget that, unless its *terms*
|
||||
are read in an evolving and dynamic way, its *values* will lose even
|
||||
the *static* protection they once enjoyed. Ironically, *fidelity* to
|
||||
original values requires *flexibility* of textual interpretation. It
|
||||
was Judge Robert Bork, not famous for his flexibility, who once
|
||||
urged this enlightened view upon then Judge (now Justice) Scalia,
|
||||
when the two of them sat as colleagues on the U.S. Court of Appeals
|
||||
for the D.C. Circuit.
|
||||
|
||||
Judicial error in this field tends to take the form of saying
|
||||
that, by using modern technology ranging from the telephone to the
|
||||
television to computers, we "assume the risk." But that typically
|
||||
begs the question. Justice Harlan, in a dissent penned two decades
|
||||
ago, wrote: "Since it is the task of the law to form and project,
|
||||
as well as mirror and reflect, we should not . . . merely recite .
|
||||
. . risks without examining the *desirability* of saddling them upon
|
||||
society." (*United States v. White*, 401 U.S. at 786). And, I would
|
||||
add, we should not merely recite risks without examining how
|
||||
imposing those risks comports with the Constitution's fundamental
|
||||
values of *freedom*, *privacy*, and *equality*.
|
||||
|
||||
Failing to examine just that issue is the basic error I
|
||||
believe federal courts and Congress have made:
|
||||
|
||||
* in regulating radio and TV broadcasting without
|
||||
adequate sensitivity to First Amendment values;
|
||||
|
||||
* in supposing that the selection and editing of
|
||||
video programs by cable operators might be less
|
||||
than a form of expression;
|
||||
|
||||
* in excluding telephone companies from cable and
|
||||
other information markets;
|
||||
|
||||
* in assuming that the processing of "O"s and "1"s
|
||||
by computers as they exchange data with one
|
||||
another is something less than "speech"; and
|
||||
|
||||
* in generally treating information processed
|
||||
electronically as though it were somehow less
|
||||
entitled to protection for that reason.
|
||||
|
||||
The lesson to be learned is that these choices and these
|
||||
mistakes are not dictated by the Constitution. They are decisions
|
||||
for us to make in interpreting that majestic charter, and in
|
||||
implementing the principles that the Constitution establishes.
|
||||
|
||||
|
||||
*Conclusion*
|
||||
|
||||
If my own life as a lawyer and legal scholar could leave just
|
||||
one legacy, I'd like it to be the recognition that the Constitution
|
||||
*as a whole* "protects people, not places." If that is to come
|
||||
about, the Constitution as a whole must be read through a
|
||||
technologically transparent lens. That is, we must embrace, as a
|
||||
rule of construction or interpretation, a principle one might call
|
||||
the "cyberspace corollary." It would make a suitable
|
||||
Twenty-seventh Amendment to the Constitution, one befitting the
|
||||
200th anniversary of the Bill of Rights. Whether adopted all at
|
||||
once as a constitutional amendment, or accepted gradually as a
|
||||
principle of interpretation that I believe should obtain even
|
||||
without any formal change in the Constitution's language, the
|
||||
corollary I would propose would do for *technology* in 1991 what I
|
||||
believe the Constitution's Ninth Amendment, adopted in 1791, was
|
||||
meant to do for *text*.
|
||||
The Ninth Amendment says: "The enumeration in the
|
||||
Constitution, of certain rights, shall not be construed to deny or
|
||||
disparage others retained by the people." That amendment provides
|
||||
added support for the long-debated, but now largely accepted,
|
||||
"right of privacy" that the Supreme Court recognized in such
|
||||
decisions as the famous birth control case of 1965, *Griswold v.
|
||||
Connecticut*. The Ninth Amendment's simple message is: The *text*
|
||||
used by the Constitution's authors and ratifiers does not exhaust
|
||||
the values our Constitution recognizes. Perhaps a Twenty-seventh
|
||||
Amendment could convey a parallel and equally simple message: The
|
||||
*technologies* familiar to the Constitution's authors and ratifiers
|
||||
similarly do not exhaust the *threats* against which the
|
||||
Constitution's core values must be protected.
|
||||
The most recent amendment, the twenty-sixth, adopted in 1971,
|
||||
extended the vote to 18-year-olds. It would be fitting, in a world
|
||||
where youth has been enfranchised, for a twenty-seventh amendment
|
||||
to spell a kind of "childhood's end" for constitutional law. The
|
||||
Twenty-seventh Amendment, to be proposed for at least serious
|
||||
debate in 1991, would read simply:
|
||||
|
||||
"This Constitution's protections for the freedoms of
|
||||
speech, press, petition, and assembly, and its
|
||||
protections against unreasonable searches and seizures
|
||||
and the deprivation of life, liberty, or property without
|
||||
due process of law, shall be construed as fully
|
||||
applicable without regard to the technological method or
|
||||
medium through which information content is generated,
|
||||
stored, altered, transmitted, or controlled."
|
||||
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