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- From: TELECOM Digest Editor <telecom@eecs.nwu.edu>
- Newsgroups: comp.dcom.telecom
- Subject: Can Your Newsgroup Activity be Monitored?
- Reply-To: TELECOM Digest Editor <telecom@eecs.nwu.edu>
- Date: Sat Jun 3 01:55:00 1995
-
- In some newsgroups of Usenet in recent weeks a discussion has gone on
- about whether or not law enforcement people and/or other government
- agents can 'monitor newsgroup reading/posting'. Even a couple of the
- well known Digest e-zines have had threads on this topic. As to be
- expected, a lot of paranoia has evidenced itself in remarks by the
- folks posting to this thread.
-
- As to be expected also, a great many Usenet denizens think it just
- absolutely terrible -- an awful violation of their 'right' to privacy --
- that their postings can be examined by persons or agencies or business
- establishments who wish to make a 'profile' of the persons involved.
-
- Aside from the fact that such monitoring is problematic at best, and
- impossible on any massive, systematic scale at worst as the attached
- special report will explain, I personally find it quite humorous to
- read the rantings of people who somehow think thier precious little
- comments on the Internet should somehow be different than letters to
- the editor of a newspaper; their buying habits as recorded on the
- computers of stores, their credit history and lots of other resources
- available for review under certain circumstances. Somehow, they have
- forgotten about the countless mailing lists compiled each day, as
- one example. They seem to have forgotten that government agents are
- members of the 'public' the same as themselves, and are entitled to
- read and discuss the public comments of others, the same as themselves.
- While the government certainly is forbidden to instigate crimes or
- encourage others to commit crimes (I agree this last part is often
- times ignorned by over-zealous federal agents), the fact is there is
- nothing in the constitution at all which forbids the government from
- oberserving or participating in any **public** event or process.
-
- It may all be a moot point, as this special reports discusses.
-
-
- PAT
-
-
- Date: Sun, 28 May 1995 15:51:59 -0400 (EDT)
- From: Paul Robinson <tdarcos@access.digex.net>
- Subject: Monitoring Newsgroup Readings
- Organization: Tansin A. Darcos & Company - Silver Spring MD USA
-
-
- Someone wrote to me about the possibility of a government or others
- finding out who reads a particular newsgroup. I said it was
- impractical because there is so much material that it would take a lot
- of effort, assuming that a provider even keeps logs, or is even
- required to do so.
-
- This expands on my comments earlier.
-
- > Paul:
- >
- > I read your post to (name deleted) on monitoring downloads with some
- > interest. In reference to logging who reads what Usenet newsgroup,
- > do you know HOW such logging is done?
-
- Use the 'man tin' command. There is an 'X' service that allows tin to
- log who accesses what. Other news readers may do logging also. NNTP
- can log what process accesses the network from what port, and that can
- be tracked back to whoever accessed that port via that process, if
- logs of processes are kept.
-
- In short, if they want to collect the information, they can, if they can
- change the software. That also means they can't collect the information
- if the software does not do so.
-
- It also means if you access news indirectly, they can't collect it
- unless they log all file accesses. And that again, still points to
- the one who got the messages. It doesn't tell what happens when they
- have them if they transport them elsewhere.
-
- For example, if they access alt.sex article 102487, they can access it
- via NNTP by requesting group alt.sex, then article 102487, in that
- manner. They can also access it by opening or copying file
- /usr/spool/news/alt/sex/102487 (the name may not be exactly right, but
- you should get the idea). Or any group: alt.sex.with.children.under.1,
- alt.binaries.snuff-films, alt.religion.satanic, alt.cult.cargo,
- rec.rape.how-to.get-away.without.being.caught, misc.bombs.fuel-oil-and-
- fertilizer,biz.jobs-offered.mercenaries, misc.jobs.wanted.terrorist, etc.
-
- If the system doesn't log file accesses, they can't know. Sun NFS
- allows a file system to be on another machine. Novell allows disk
- drives to be on different computers. Multi-user systems allow some
- form of multipack or networked disk drive support. If the file access
- is authorized, then the system might not log it. Or it might. But if
- you have thousands of processes all sending material and retrieving
- it, the logs would be huge.
-
- Then, let's say I use a slip connection to hook up to their NNTP
- server directly, and I download every new article every day from
- hundreds of groups. If I then store those on my networked system, and
- then allow people to call my system up, pay me 2c a minute for time
- spent on line, and allow them to bulk download via Zmodem, any or all
- messages in any and all groups, and all I log is connect time, there
- is no way for me to tell anyone what they downloaded if their system
- keeps the statistics on which articles they have taken. (They can
- request articles coming in after a certain time, and thus only get new
- ones.)
-
- People send me checks or money orders, for time. I credit their
- account, then cash or deposit the checks. I don't keep a record
- indicating whose check is related to what account, all I log is how
- much time they bought. Or maybe my service is via a dial-up where the
- phone company sends me a check for each connection. Or a 900 number.
- They can have one account, or 1,000. As long as I get paid, I don't
- know or care, as long as I make money out of it.
-
- So if I don't keep logs, I cannot tell someone, regardless of threats
- or rewards, punishment, penalty or bribe, who is doing what. You
- cannot give information you do not have. No torture in the world can
- release the unknown from someone.
-
- > Would a sysadmin catalog everyone's .newsrc file, or is there a more
- > subtle way? I guess what I'm wondering is: can a reader achieve total
- > privacy (such as by renaming .newsrc)? Note: I'm not interested in
- > monitoring, just privacy.
-
- Remember, you're connecting to a computer program. You don't even
- need the .newsrc file; the newsreader programs will let you read any
- group, subscribed to or not, that the system takes. All they have to
- do is monitor what articles from what groups are sent to you, you
- would never even know, since the monitoring is done unobtrusively,
- simply by making the program log each user, each group, and each
- article read.
-
- Let's say the law required we collect the information, or we want to.
- How much would it cost?
-
- Let's set up a dictionary. Each time a user runs the program, it
- looks for them in the dictionary. If it finds them, it uses the count
- (a 2 1/2 byte number, 2^12) for their name. (We might use /etc/passwd
- to load the dictionary, but people can be added or deleted by the
- administrator, or different people added and deleted are given the
- same number, or shared accounts, or any number of things, or we may be
- allowing anyone to access the system and need to differentiate between
- people).
-
- So we create a new dictionary entry. We can create a 2 1/2 byte entry,
- allowing over 511,000 usernames. PER SYSTEM CONNECTED.
-
- The newsgroup name can be translated to two bytes, as long as there
- are less than 65,536 newsgroups. There are less than 15,000 now.
- That gives plenty of time, since even at 10 new groups a day, it will
- be 25 years before we have that many. And then we can always toss on
- another byte and start over until we get to 256*65536 groups, and so
- on.
-
- The time and date can be compressed to
- .../. .../.-..../ ....-.... ....-../.. .../.-.... ./...-.../. ....
- Sun Feb 31 1840 26 : 91 : 52 Zone -9
-
- (/ separates fields; space separates 1/2 bytes, - separates bytes).
- Add on the 2 1/2 bytes for name, and you get 10 bytes. Allow 4 for
- the message number, 2 bytes for slack, and you get 16 bytes. In 16
- bytes I can log each message anyone downloads. That means, on a 1.2
- meg disk, I can record 75000 message transactions and fully recover
- every single usage of the news system. With a 1.44 meg disk, I can
- keep a small compressed dictionary off-line, or on-line for slightly
- more. The cost to carry this information is 44c per disk, so with
- operator copying time, and computer time, let's call it 1c per
- thousand records. The cost is so low as to be nearly nil.
-
- This is what causes the problem of privacy; the logging is easy and
- cheap, and in a space the size of a shoebox I can store 100 disks, or
- 7.5 million accesses, cost about $50. On a DC2120 tape costing $15, I
- can store 60 meg or so, about 4.2 million transactions, so for about
- 1/3 the amount of money and space, I can store the transactions on 40
- tapes, or 2.4 GB, 168 million transactions. The cost then is about
- $600, including storage costs, and the cost drops from 1c per thousand
- to 28c per million.
-
- But then you can go to 5GB 8mm tapes (before compression, maybe 10gb
- with compression). Those probably cost $10 apiece, but the hardware
- is in the $1000 range, but at this point the cost per record is
- virtually nil. In fact, you could now archive every week's traffic,
- including the user logs, on about $2 worth of tape space, all 100
- million bytes of Usenet news, all usage counts, everything. This
- means you can not only recover the entire set of message counts
- downloaded, but know who got which messages, and retain that
- information essentally forever, for usage that costs an extremely low
- rate per record as to be virtually nil.
-
- Isn't it nice to know that it may become impossible to deny you saw
- something that someone else doesn't want you to see? All it takes is to
- have the logging in place and the recordkeeping is trivial.
-
- Oh wait; all the logging shows is you got a message. It does not mean
- you read it, or didn't discard it after reading, or hit the space bar
- three times or the N key by mistake and not notice, or fall asleep and N
- through 1000 messages.
-
- This assumes I will do it if not forced. Or that I provide the
- service at all if not. Or that I provide more than exactly what the
- law requires and no more. Or that I archive my records in an easily
- accessible place. Or that I don't figure out (or pay someone) to tell
- me how to get around the law. Perhaps become a common carrier.
- Perhaps hire someone else to run the service, who has no assets and is
- judgement proof, to do the work sloppily. How are you going to prove
- intentional misconduct and simply incompetence, or negligence? How
- are you going to know to find me if my name isn't anywhere. For all
- you know, I could be a very famous, wealthy person and have the money
- to hire people to do the work for me, and even to act as the
- executives of the companies who do this, and they can all split up the
- liability so nobody knows who is responsible.
-
- It all depends on how hard I want to cover myself. I don't have to do
- anything illegal. Just do everything exactly by the book, and stick
- by the precise letter of the law. And if the laws are conflicting (as
- they often are), gum up the works by requesting clarification, in the
- mean time, doing it in the least effective way.
-
- Perhaps running something through a governmental agency or quasi-governmental
- one. In some states, all it takes to create a new city is to have the
- residents of the area in question vote to incorporate. So maybe me
- and 10 other people decide to incorporate the "City of North Silver
- Spring, MD" and as it happens, it just happens to corresponde exactly
- to the property lines of the 10 houses here. Maybe because of a quirk
- in the laws there's no minimum size for a city. And we allow any
- resident to vote. So maybe I turn my house into the Mayor's
- residence, and the City Hall, and stop having to pay property tax on
- it. And the other residents of the City - all friends of mine who
- bought their houses here and are in on the deal - keep reelecting me
- in a landslide election every year. I run for office, and nobody else
- bothers (nobody else wants the unpaid job), and the other 10 people
- are the city council, so we create our own laws, and we might pay the
- local county police to patrol the area as we did before, or we
- appoint, under the laws of the state, a couple of people to be police
- officers, and they pay the cost of changing their personal vehicle to
- a police car, to patrol the area. And maybe the county handles 911
- since they get the revenues, and we simply get a call when someone has
- a problem, or I have a phone line and maybe a $3 an hour person around
- the clock to answer the phone for the "Police Department".
-
- So now, the city grants an exclusive franchise to an internet provider
- to this one company, or starts it themselves. Since the customer can
- invoke the 5th Amendment against this government agency, it can refuse
- to give any information not mandatory, and we can be required to
- accept applications without identifying information. You can't give
- out information you don't have.
-
- Or let's say I don't go through all that trouble, and just run a
- provider, and figure it's less trouble to do this since the government
- will pay for it.
-
- Of course, if a government agency wants this done, they're going to
- have to pay me a lot more than cost, and if they won't, I'll just not
- do it if they won't pay the $1 per transaction on the tape. This
- assumes that I even have the logging done. If they won't pay for it,
- then I'll invoke the 5th Amendment's right not to be forced to provide
- my private property without compensation, oh, say, $50,000 a month,
- plus transaction costs, plus anything else I can lard on.
-
- If they won't pay it, and the courts rule I can't invoke the 5th
- Amendment to charge them for my records, or can't claim them as
- confidential company property, I can always move my server to Canada,
- Mexico or someplace else, and simply have a telephone company supply
- me with an incoming FX line from someplace else, or possibly put my
- service in one place, that sells it to one customer, and they sell it
- to another, who sells it to another, who sells it to another, and so
- on, who sells it to the public.
-
- Then whoever wants it has to subpoena me to get my customer's records.
- So I provide them with a binary dump of 50,000 records covering one
- access of all articles on Usenet for one day (100 million characters
- of approximately 2K per article average. Assuming I have records).
- And then they have to find where the customer is. I just take a cash
- payment for that customer's access, I'm sent a money order or a check,
- I don't keep logs of who sent me the check, and I don't always deposit
- them in a bank, sometimes I cash them with friends, or pay bills with
- them, like my electric bill, or gas, or telephone, or my Internet
- supplier.
-
- So they have to go ask Pepco to come up with its bank records for last
- month, to determine which of the 20,000 checks a month was a payment
- from me, as well as the gas, telephone, and Internet supplier, and get
- a subpoena for all of these, and plus find which one is mine, assuming
- I didn't use the money to pay my credit card and perhaps charge it to
- that, or maybe it was paid by credit card from a friend of theirs as a
- wire transfer via Western Union or via Money Order or Travelers Check,
- which was bought over the counter at a bank for cash. Yes, all the
- paperwork is there, but it doesn't tell you who bought it.
-
- Just where they bought it. Or what name they used, if there even is a
- name. Nothing says my records have to indicate names; people may simply
- write account numbers.
-
- So maybe they have to trace my phone lines to find the party. This
- assumes that they have an order forbidding me from telling the party in
- question. So maybe I go into court and make a big public record filing
- to exclude the government from forcing me to trace the calls of ACCOUNT
- NUMBER 65032 PERSONAL NAME ALLAIN W. QUARLES, on the grounds that the
- government is not compensating me for the cost and inconvenience. I
- haven't told anyone anything, I just invoked my rights under the law.
-
- Or maybe I declare bankruptcy because the cost is too much, and I sell my
- service to a new company, that now has to be subpoenaed anew. Or the
- first company sells it to another just before the subpoena is to be
- served, and now the new company requires a new subpoena. If they can
- find where the new company is, since it has no permanent address, using
- several addresses, all over the county, the state, or the country. Or
- it's sold to several companies piecemeal, and so on.
-
- So maybe they track the customer down, who has not done anything
- illegal. I can sell anything to anyone and do not have to keep
- records, ask a hot-dog vendor or a grocery store how often they get
- customer name and address for each sale. As long as I am paid and I
- deliver, who I sell to is irrelevant and I am under no obligation to
- find out who they are. In fact, if I know nothing I'm in a safer
- position; I can honestly claim total ignorance of the customer if he
- turns out to be paying me with money they got from a drug deal. I
- can't be forced to forfeit my income because I received it from
- someone who got it in an illegal manner; I had no way of knowing.
-
- This assumes they can even trace my income, since I need keep no
- records. I only have to be able to show whatever expenses I receive
- for whatever I declare. I am under no obligation to show where I got
- my income from, only what I received, if I am even under an obligation
- to do that. So maybe I say I made $3,000 one year. It's not my
- responsibility to prove I made that much. Nor am I under any
- requirement to prove that is correct. If I make a statement knowing
- it to be wrong, in theory I can be prosecuted, but they have to show
- that it was intentional, and was intended to commit some crime. And
- they have to do that within a certain time frame. Assuming that I
- even have to say anything. If I make less than a certain amount of
- money, I don't even have to file a tax return or keep any records at
- all.
-
- Or I can incorporate, split my operations into separate corporate
- entities, and have each make a small amount of money. Each must be
- subpoenaed separately as long as I comply with the requirement to
- operate each as a separate corporate entity. I can follow the exact
- requirements of the law, and keep exactly the records precisely
- required - which may be zero in some cases - and do no more than the
- law requires. All I have to do is figure out how much trouble it is
- to do things. As long as I follow the rules and obey the law, they
- can't pierce the corporate veil and come after me personally.
-
- Or maybe I decide it's cheaper to break the law. Let's say that a
- particular recordkeeping system will cost me $40,000 to implement,
- but, if I get caught, the penalty for not keeping the records is $50.
- Okay, then, I don't keep the records, if I get caught (which may never
- happen), I pay the $50 and forget it, saving $39,950. Or maybe it's
- $5 a day. If it costs $4,000 a year to obey the law, $5 a day is less
- than $2,000 a year.
-
- Or maybe, every year a neighborhood firebug burns down my records just
- before tax time. If I can't reconstruct my records, I have to go by
- memory and may lose some deductions. Who would know that I hired the guy
- to burn leaves in my yard and he "accidentally" destroyed all my records.
-
- The only requirement I have - if it even is a requirement - is to have
- paid the correct amount of tax. If I overpay income tax, I don't even
- have to file a return for 3 years if I want the refund, and it's only
- failure to file if I'm required to do so. I'm not sure what the law
- is. Maybe I don't have to file if I'm owed money, if I don't want it
- back. Or maybe I do. Or maybe I can file a return, and invoke the
- 5th Amendment on each question.
-
- After all, I'm not trying to evade the law. I am trying to comply
- with the law exactly as written. If a tax return is required, then it
- is a mandatory document, the equivalent of compelled testimony and the
- information cannot be used against you in a criminal case. But the
- document can be used to incriminate you for perjury, so you can refuse
- to answer a question if you think you might perjure yourself.
- Especially if you don't have the records to show what you are
- claiming.
-
- But I know people have been prosecuted and the information on a return
- has been used against them. That can mean only one of two things.
- Tax return filing is voluntary, and you don't have to file at all
- (that might be right, since the IRS says the system is based on
- 'voluntary compliance'), or the form, if you're required to file one,
- is mandatory, but the information supplied on it is not mandatory, in
- which case you can file the form, but take the 5th Amendment as to
- every question.
-
- They cannot have it both ways. You can't be compelled to provide
- testimony which may be used to incriminate you. Nor can you be
- compelled to provide information you don't have. The law can't
- require someone to keep records, it can only disallow deductions you
- don't have or provide penalties for not doing so. And if you don't
- have records of income, then you can say you can't provide the
- information because you are not certain of the accuracy of the
- records, and cannot give a precise answer which would answer the
- question without committing perjury. The law can't even require
- someone to read or write.
-
- So maybe they do find my records, they go through a long process, and
- guess what is discovered?
-
- My customer is located in Canada, so they have to go to Canada and get
- a judge there to order them to tell them who his customer is, they
- start all over using the laws there. Eventually, maybe they find out
- his customer is in Mexico. And again, all over again, if they find
- him, they find out his customer is in the Netherlands Antilles, where
- you can't even find out who they are, and their customer is in London,
- whose customer is back in Canada again, whose customer is in the U.S.,
- and eventually track it down to random pay phones in New York City.
-
- But they have to go through the whole chain to find where the records
- are. None of us has to hide anything or do anything illegal. All we
- have to do is make the chain so long that the expense to get the
- information costs more than the information is worth. And if I don't
- know where the stuff goes, they can't make me tell them anything.
- Especially if I simply get friends that I do not know where they are
- to do these things for me.
-
- In short, controlling information is futile as long as those who have
- information can transport it elsewhere so that they have to start over
- to find out where it's going. And sooner or later I can break the
- requirements down to either be a service operating only in intrastate
- commerce, which need not follow federal laws since they don't apply,
- or be too small to be applicable.
-
- Does a provider with one customer have to keep records? A provider
- who buys from a provider in the same state, and sells to a single
- customer in the same state? We're in intrastate commerce again, and
- the Federal Government has no jurisdiction and the laws don't apply
- unless there is a Federal interest. All I have to do is find out how
- to cut the coverage and size so narrowly that federal law isn't
- triggered at all. No law coverage means no liability for failing to
- obey a law that doesn't apply to me.)
-
- The Interstate Commerce Commission ruled a railroad operating in only
- one state does not have the ability to get an ICC license and evade
- the state laws since the railroad does not operate in Interstate
- Commerce.
-
- A recent Supreme Court decision said that a law banning guns near
- schools is beyond the power of the Federal Government, since
- Interstate Commerce is not everything in the country no matter how
- small.
-
- Or maybe I can claim the requirements are so burdensome that they
- violate the right to contract, since it costs me $5,000 a month to
- keep records that I'm not being reimbursed for, that I can only sell
- the service for $500 a month.
-
- The courts upheld this in a case where one of the parties was City of
- Anaheim. A law requiring a newspaper - The Press - to have a business
- license, which made it impossible to sell a newspaper for 5c a copy in
- order to cover the cost of operating a publication that wasn't making
- a profit, was held to be unconstitutional as a restraint on the 1st
- Amendment.
-
- Or, I can shrink jurisdiction to interstate grounds by setting up a
- site in each state. Each user calls up a server in a state other than
- their own, and that means a local court can't subpoena the server they
- are using because it's just a pass-through system, it doesn't have
- anything except the ability to transfer a call, and that's all the
- records it keeps. And maybe it uses a call-forwarded number that
- terminates at a different place, so the phone company records don't
- always show where the call is going. And maybe runs though a network
- provider that provides leased lines or a virtual network.
-
- Sometimes the extra routing might not even cost anything, since we
- might already be using the bandwidth for other things. Maybe using
- time on other people's computers such that they need a new warrant or
- subpoena on each site. And since they are the company's records, we
- can encrypt them, and just happen to forget the decryption key, or
- have a buggy copy of the system. Or we refuse to release on the
- grounds that the encryption key would violate our right under the 5th
- Amendment to not incriminate myself, since I may have included
- criminal incidents in those reports.
-
- But to even tell why I would be incriminated would incriminate me, I
- don't even have to say why! So they'd have to give me immunity, and I
- can simply stall that by requiring an appeals court to clarify exactly
- what the immunity covers. I've got good grounds.
-
- Mr. Walsh was the prosecutor on Iran-Contra, and it was his opinion
- that immunity only covered a yes-no answer, not to an explanation. So
- I simply take the 5th unless granted immunity, if the grant doesn't
- cover it, I take the 5th since you don't have immunity in the way the
- question is asked. I can ask for each question to be repeated, and
- then repeat back the question to make sure I carefully answer the
- question in order to be certain I don't perjure myself. This wastes
- court reporter time.
-
- If the question is long and complicated, I can simply ask the prosecutor
- to simplify the question since I do not understand it.
-
- I can ask him to explain each and every word so that I understand it.
- I am under no obligation to perjure myself by misanswering the
- question and causing myself to answer incorrectly. And I can do this
- for the explanation. Until I do understand. It is not my responsibility
- to understand the question, it is the questioner's responsibility to
- enable me to do so.
-
- For example, let me try one.
-
- Question: Were you rude to Dr. Quarles?
-
- Answer: (Silence)
-
- Q: Your honor, will the court instruct the witness to answer?
-
- The Court: The court directs the witness to answer the question.
-
- A: (Reading from paper) Your honor, if it may please the
- court, I respectfully request, without waiving any of my
- rights under the Constitution of the United States or any
- other state, whether I may be permitted to ask the court for
- direction?
-
- C: Yes.
-
- A: Your Honor, am I required to answer the question?
-
- C: Yes.
-
- A: Without showing any disrespect upon your honor, I wish to
- understand what will happen if I do not do so, and I repectfully
- request to be informed as to what the penalty is if I fail to
- do so?
-
- C: You will be found in Contempt. You may be fined or jailed, or
- both.
-
- A: May I be prosecuted for the answer if I provide an answer which
- would incriminate me or provide information which could be used
- to prosecute me?
-
- C: Yes.
-
- A: I respectfully decline to answer under the provisions of the
- constitution of this state providing the right not to
- incriminate oneself. (Each state provides this in addition to
- the 5th Amendment.)
-
- (So they issue an order of "use immunity" in order to prevent me from
- being prosecuted for what I say, but I can still be prosecuted if they
- find it out from some other source.)
-
- C: You are now instructed to answer the question.
-
- A: Your honor, I must respectfully decline to answer under the
- provisions of this state providing the right not to incriminate
- oneself.
-
- C: You were already granted immunity, you are instructed to testify.
-
- A: Your honor, I am under the impression that there is a concept of
- "dual soverignity" which means that this state may prosecute me
- for a criminal act, and that the Federal Government may do so
- also. Therefore, am I to assume that despite the two governments
- being soverign, that the Federal Government can grant me immunity
- under the state constitution when there is no evidence showing me
- that the state has consented to do so?
-
- C: (Let's say he says 'yes'. If he says 'no', then I take the
- provision until a state official grants me immunity. If he says
- yes, I ask what the provision of law covers this, so that I may
- understand that I have been properly granted immunity, and that I
- may be fully aware that the provision covers me in this case.)
-
- A: Does this include any state where any incident occurred, or does
- include only the state where this trial is taking place, your
- honor?
-
- C: (Let's say 'yes' again. If 'no', then I take the provision in
- each state I visit where I may have a fear of prosecution.)
-
- A: Very well, I respectfully invoke the 5th Amendment.
-
- C: You already have immunity. Answer the question or be held in
- Contempt.
-
- A: Your honor, I explained that I asked for immunity under the
- provisions of the state constitution. I did not ask for immunity
- under the Federal Constitution, and the document does not
- indicate this (or if it does, I do it any way, saying that I
- want to be absolutely certain that I am immunized, that I
- understand what it covers, and that I know that I will not be
- subject to prosecution.) And to make it clear I am not
- volunteering the information, I am being compelled under duress.
-
- C: It is evidently clear that you are being compelled to answer.
- Please do so.
-
- A: Will the court please instruct me whether this is transactional
- or use immunity?
-
- C: Use Immunity.
-
- A: Will your honor please explain the difference that I may know
- exactly how this works, as I do not understand and do not wish to
- place myself in jeopardy by accident by providing information
- in a manner that causes me to provide it in a non-immunized
- form which could be used against me.
-
- So they cover all this. I ask for the question to be read back.
- Maybe I ask for immunity again because in order to ask for an
- explanation I might incriminate myself, since this is use immunity,
- not transactional immunity (a nice little scam where they can use the
- information if they get it from somewhere else).
-
- Maybe the judge gets disgusted and finds me in contempt. So now, I can
- go to the appeals court and get a ruling.
-
- Or maybe I don't understand the question at all, and ask that it be
- explained, such as asking for the definition of 'rude'. And so on.
-
- So, ten hours later, the first question is simplified back down to:
-
- During the period from 12:01am to 12:00pm on the 20th of November, 1994,
- did you act, say or do anything in a manner which is unacceptable to
- other people as being not polite conduct, in which said conduct was
- directed at the individual seated in this chair, who is known by the name
- of Allain W. Quarles, such conduct consisting of slamming him against a wall
- and threatening to twist his arm if he did not apologize for bumping into
- you and saying, 'Get the Fuck out of the way, Asshole'?
-
- A: No.
-
- Q: I have witnesses that say you did.
-
- A: I must invoke...
-
- C: You're already immunized. Say it.
-
- A: They are wrong.
-
- Q: How?
-
- A: I must invoke...
-
- C: You're immunized. Say it. (On a tape recorder, to save his breath.)
-
- A: That was not what happened.
-
- Q: How was it different?
-
- A: I must invoke....
-
- C: You're immunized, Say it.
-
- A: At no time did anyone say those words.
-
- Q: what was said. (and so on, invoking the fifth)
- A: The words were 'get the fuck out of my way, asshole'.
-
- Once I get a really simple, easy to understand question, that I can
- answer yes or no to, that I have been properly immunized, that I am
- capable of answering the question and I can understand it, then I will
- answer the question with a yes, or a no. Which can take hours by being
- certain I can answer the question correctly, without misunderstanding it,
- without committing perjury.
-
- Nobody can be forced to do things against their will if you don't have
- a gun or other killing or torturing method on them continuously. You
- can kill them, but you can't make them want to do something. You can
- destroy their will, but you might not prevent them from committing
- suicide also.
-
- --
- Ask me about Listmgr - the first PC-Based mailing list manager for E-Mail.
- Find out about "The Gatekeeper: The Gate Contracts" - Write to address below.
- Paul Robinson - paul@tdr.com / tdarcos@MCIMail.com / tdarcos@access.digex.net
- "The Greatest Philosopher in the World, maybe the Greatest who ever lived."
-