From EHL@cw-f1.umd.umich.edu Wed Dec  8 17:06:38 1993
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From: "KARGUL GEORGE J. (PH 02/19/1992 22:57:38)  " <EHL@cw-f1.umd.umich.edu>
Organization:  University of Michigan-Dearborn
To: dina@wps.com (Dina Palivos)
Date:          Wed, 8 Dec 1993 20:07:31 EST5EDT
Subject:       Re: this is a test 
Priority: normal
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Message-Id: <2A247F9494D@cw-f1.umd.umich.edu>
Status: OR

Dreary life????
    Gimme a break!  If your life is dreary then what is mine?  DON'T 
answer that!  Fuck!
    Wow!  I really didn't expect this to work.  Now I can talk to you 
whenever I get the urge...only this isn't the comfort of my home.  I 
had a test...hold on Dan wants to say something( you know the 
Rennaissance Dan)...How can life possibly be dreary when we can stand 
awed at the limitless possibilities of the Twentieth Century(although 
speaking with George any time the urge arises would be pretty 
depressing...)? Hopefully Frisco will treat you a bit better than 
grand old Detroit-back to George...well I'm sure that was nothing 
less than a pleasant surprise for you.  Your 
pregnant!?!...but,but...that's impossible...oh your kidding.  I get 
it, humor.  
    If I'm acting strange around Karen and Tina, it's because I don't 
really like Karen.  She just really irritates me...it's sort of 
irrational though.  But I assure you it's not because they slept 
together...Anyway i've probably been acting strange to everyone 
lately. You know, my mood has been for shit, and it doesn't help it 
being the end of the semester and having to hear all these bullshit 
student self-martyring stories.  Everybody says the same shit over 
and over and over, and it's all so fucking dull.  So when I see Karen 
and the first thing out of her mouth is (Now remember to read with an 
accent) "I've got so much to du...I've got a 1000 pg. paper 
and...all dies research, O my god George, I done no what to du," well, 
I basically just ignore her.  What else is there to do?  It's all so 
cliche ( if in fact that word can be used discriptively like that).  
In fact, I just saw her about 2 hrs. ago when I was leaving but I 
decided to stay at the last minute...of course, she wanted a ride 
home.  She came back only a few minutes ago, and I told her I was 
staying til 12:00...she got all like..sad.  I mean, fuck! Then Carrie 
started talking to her, and I walked away.  When I came back, Carrie 
was going to take her home (hahahahahahaha!!!!).  Isn't she a gem?
E-mail is great for venting, sorry.  Well, I'm going to program now.  
I'll be here til 12:00 if they'll let me so if you want respond.
    
    
                    love you,
                        George
        




From EHL@cw-f1.umd.umich.edu Thu Dec  9 09:56:59 1993
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From: "KARGUL GEORGE J. (PH 02/19/1992 22:57:38)  " <EHL@cw-f1.umd.umich.edu>
Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Thu, 9 Dec 1993 12:58:22 EST5EDT
Subject:       paranoyia...absolutely!
Priority: normal
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Did I spell paranoyia incorrectly??  Probably not.
Wierd thing happened today.  I was driving out of my parkinglot and 
this women was pulling in.  She looked at me, smiled and waived.  So 
I waived back...I must know her from somewhere, but I can't place 
her.  She was kindof attractive... so I drove around the block.  Her 
car was parked, but there was no sign of her....FUCK!!!
    Wordsmith?  Hardly.  Remember, I'm a Math geake.  Mastery of the 
English language is out of my realm.  I just don't want you to have 
any far reaching expectations of me.  I guess that part of my 
personality is evident in every aspect of my life.  Man am I a mess, 
huh?
    I just saw Tina.  She's freaking out...school and all.  I told 
her she can E-mail you.  I think that made her happy.  You're going 
to be the new UM-D trend.  How wonderful for you.  I bet you thought 
you were rid of this place...well I tell ya somethin' sweetheart, 
forget it! You never get away from this place.  Now you can talk to 
"all your friends at UM-D, and George too!"  Sorry, I had to.
    Tina seems to be in good spirits though.  I feel bad for her.  
She's going to have to finish a paper of break.  That sucks!  We all 
know that it'll probably consume her and ruin any kind of break she 
might have had.
    Well, I'm going to be here all day again.  So if you want to e-
me...e-me HARD.  Tell my wife I said Hi.
                                        Too much love,
                                                    George     










From EHL@cw-f1.umd.umich.edu Fri Dec 10 07:58:40 1993
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From: "KARGUL GEORGE J. (PH 02/19/1992 22:57:38)  " <EHL@cw-f1.umd.umich.edu>
Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Fri, 10 Dec 1993 11:00:26 EST5EDT
Subject:       male scum
Priority: normal
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I'm sorry.  You seem to be so miserable right now.  I wish I could be 
redeeming.  But right now I'm very pressed for time.  Don't get so 
hung up on Allison.  If she calls, which she probably will, great!  
If not, then she's the cat that's not quite so hip.  Your the hippest 
cat on the block, and if she can't figure that out, well...just
another casualty of war.  Keep in mind your misery is mine and things 
always get better (not on the grand scale of things, of course.  Just 
in localized units of time in which the magnitude is both time and 
individual dependent.)...That was supposed to be humorous....just 
another failing...oh well.  Listen, your period will be over soon, 
and you can do your daily routine (if such a thing exists) 
comfortably in your ever so beautiful and youthful body.  I mean it!
Anyways, if God is all powerful, and all knowing, then he's a dick.
I'll try to write later, but I don't think I'll have the time...it's 
the last day of school and I have last minute, late assignments to 
turn in.
        I'll call you tonight after work, about 1:00 (here).
        
                            Once again,
                                    too much love,
                                        George

From tomj Fri Jan 21 12:27:29 1994
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From: tomj (Tom Jennings)
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Subject: Meat (fwd)
To: shit-list
Date: Fri, 21 Jan 1994 12:27:25 -0800 (PST)
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Forwarded message:
From gnu@toad.com Fri Jan 21 01:49:01 1994
Message-Id: <9401210948.AA05341@toad.com>
To: tomj@wps.com, hugh@toad.com, laura@toad.com
Subject: Meat
Date: Fri, 21 Jan 94 01:48:52 -0800
From: gnu@toad.com

[forwards deleted]

> A dialogue by Terry Bisson.  From a series of stories entitled
> "Alien/Nation" in the April issue of Omni.

"They're made out of meat."

"Meat?"

"Meat. They're made out of meat."

"Meat?"

"There's no doubt about it.  We picked several from different parts of
the planet, took them aboard our recon vessels, probed them all the
through. They're completely meat."

"That's impossible.  What about the radio signals?  The messages to
the stars."

"They use the radio waves to talk, but the signals don't come from
them.  The signals come from machines."

"So who made the machines?  That's who we want to contact."

"They made the machines.  That's what I'm trying to tell you.  Meat
made the machines."

"That's ridiculous.  How can meat make a machine?  You're asking me to
believe in sentient meat."

"I'm not asking you, I'm telling you.  These creatures are the only
sentient race in the sector and they're made out of meat."

"Maybe they're like the orfolei.  You know, a carbon-based
intelligence that goes through a meat stage."

"Nope. They're born meat and they die meat.  We studied them for
several of their life spams, which didn't take too long.  Do you have
any idea the life spam of meat?"

"Spare me.  Okay, maybe they're only part meat.  You know, like the
weddilei.  A meat head with an electron plamsa brain inside."

"Nope.  We thought of that, since they do have meat heads like the
weddilei.  But I told you, we probed them.  They're meat all the way
through."

"No brain?"

"Oh, there is a brain all right.  It's just that the brain is made out
of meat!"

"So... what does the thinking?"

"You're not understanding, are you?  The brain does the thinking.  The
meat."

"Thinking meat!  You're asking me to believe in thinking meat!"

"Yes, thinking meat!  Conscious meat!  Loving meat.  Dreaming meat.
The meat is the whole deal!  Are you getting the picture?"

"Omigod.  You're serious then.  They're made out of meat."

"Finally. Yes, they are indeed made out meat.  And they've been trying
to get in touch with us for almost a hundred of their years."

"So what does the meat have in mind."

"First it wants to talk to us.  Then I imagine it wants to explore the
universe, contact other sentients, swap ideas and information. The
usual."

"We're supposed to talk to meat?"

"That's the idea.  That's the message they're sending out by radio.
'Hello.  Anyone out there?  Anyone home?' That sort of thing."

"They actually do talk, then.  They use words, ideas, concepts?"

"Oh, yes.  Except they do it with meat."

"I thought you just told me they used radio."

"They do, but what do you think is on the radio?  Meat sounds.  You
know how when you slap or flap meat it makes a noise?  They talk by
flapping their meat at each other.  They can even sing by squirting
air through their meat."

"Omigod.  Singing meat.  This is altogether too much.  So what do you
advise?"

"Officially or unofficially?"

"Both."

"Officially, we are required to contact, welcome, and log in any and
all sentient races or multibeings in the quadrant, without prejudice,
fear, or favor.  Unofficially, I advise that we erase the reconds and
forget the whole thing."

"I was hoping you would say that."

"It seems harsh, but there is a limit.  Do we really want to make
contact with meat?"

"I agree one hundred percent.  What's there to say?" `Hello, meat.
How's it going?'  But will this work?  How many planets are we dealing
with here?"

"Just one.  They can travel to other planets in special meat
containers, but they can't live on them.  And being meat, they only
travel through C-space.  which limits them to the speed of light and
makes the possibility of their ever making contact pretty slim.
Infinitesimal, in fact."

"So we just pretend there's no one home in the universe."

"That's it."

"Cruel. But you sid it yourself, who want to meet meat?  And the ones
who have been aboard our vessels, the ones you have probed?  You're
sure they won't remember?"

"They'll be considered crackpots if they do.  We went into their heads
and smoothed out their meat so that we're just a dream to them."

"A dream to meat!  How strangely appropiate, that we should be meat's
dream."

"And we can marked this sector unoccupied."

"Good.  Agreed, officially and unofficially.  Case closed.  Any
others?  Anyone interested on that side of the galaxy?"

"Yes, a rather shy but sweet hydrogen core cluster intelligence in a
class nine star in G445 zone.  Was in contact two galactic rotation
ago, wants to be friendly again."

"They always come around."

"And why not?  Imagine how unbearably, how unutterably cold the
universe would be if one were all alone."

----
John Markoff                    MCI: jmarkoff
New York Times                  Internet: markoff@nyt.com
Embarcadero Center One          Well: johnm@well.sf.ca.us
San Francisco, CA 94111 -----------------------------   
phone: 415 362 3912     all the news etc.
                        -----------------------------


-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From jshepher@rvcc.raritanval.edu Sat Feb 12 12:46:00 1994
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Subject: Re: At last...we meet...
To: dina@wps.com (Dina Palivos)
Date: Sat, 12 Feb 1994 15:46:57 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
In-Reply-To: <9402080631.AA16217@wps.com> from "Dina Palivos" at Feb 7, 94 10:31:30 pm
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Hi.

Sorry I haven't responded to your mail sooner.  I haven't been....alone.  I
was hoping to get to spend some time sending you a note without having to
worry about whether anyone might come around and see it.  I have about a
minute like that right now.

So....

I haven't done a thing about getting that picture to you.  That's OK,
though.  It won't be any big deal when you finally get it.  And i really
think it's cool that you just have to imagine what i look like ;)

I don't know that I agree about e-mail being better than the phone:  I like
talking with you.  I guess it's the opposite reason.  I like the phone
better because it is "closer" than this is.  You like this because it's more
detached.  Hmmmm.   Oh well.

I hafta run...   I won't wait so long to write back next time.


John

From jshepher@rvcc.raritanval.edu Sat Feb 19 08:33:12 1994
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Subject: .
To: dina@wps.com
Date: Sat, 19 Feb 1994 11:33:57 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
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Hi Dina,

How ya doing?  It is a *gorgeous* day here!!  It has been so crummy for so
long I forgot what "nice outside" is all about.

It's about 11:30 Sat. morning here.  I'm on a break from class.

So...a few hours earlier where you are.  I'm wondering what you're doing,
thinking, maybe dreaming.  I've missed being in touch with you.

I hafta go...

John

From EHL@cw-f1.umd.umich.edu Fri Mar 11 09:51:58 1994
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From: "KARGUL GEORGE J. (PH 02/19/1992 22:57:38)  " <EHL@cw-f1.umd.umich.edu>
Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Fri, 11 Mar 1994 12:52:27 EST5EDT
Subject:       hi
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hey sweetie,
   this is kinda out of the ordinary, isn't it.  I'm blowing off some 
time, for i'm waiting for class.   I'm very very tired right now.  I 
stayed up all night to finish a midterm...wouldn't be so bad, but the 
two problems I worked on all night are wrong...FUCK!!!  Well, i'm 
done playing that age old self-martyring student game...it's just 
that i can barely stay conscious right now.  I need your wit, charm 
and good-looks right now.  I wish you weren't so far away.  What to 
do?  Much ado... that's it.  I know, i know i've been in the movie 
business too long.  Speaking of that, Derek wants me to start a film 
producing company with him...tell me what you think.  It's not 
serious, but still tell me what you think...it'll be pfun.  well now 
my sweetest pea in the space-time continuum, I'm gonna crash on the 
keyboard.;kjfsla d'pvkl;jctpiopkm lu  v y        a  !

From jshepher@rvcc.raritanval.edu Sat Mar 12 08:00:40 1994
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Subject: Re: A Great loss...
To: dina@wps.com (Dina Palivos)
Date: Sat, 12 Mar 1994 11:01:21 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
In-Reply-To: <9402230654.AA16589@wps.com> from "Dina Palivos" at Feb 22, 94 10:54:09 pm
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> hey fox,

fox???  You make me blush...

I feel bad for not writing back to you sooner.   ...I guess I'm not very
good at this e-mailing thing.  I like to have a time when I don't need to
rush through writitng to you, but I hardly ever have a time like that.  Know
what I mean?

> i got your phone message. it was 6am, which is fine, but i had guests and 
> was slighly hung over/passed out from the night before. I didn't really 
> pass out. I don't do that, mostly because , despite my endless efforts to 
> change, I'm still a very nice girl from the midwest.

I knew it was early your time, but I figured if it was a problem, you'd let
me know.  Hmmmmm, sounds to me like you were probably passed out.


 I'm particularly sad 
> rigth now. Both film god Derek Jarman and Randy Shilts dies this week 
> from the scourge of the plague. I worshipped Derek Jarman, most possibly 
> one of my favorite filmmakers. And Randy Shilts has done for gay/aids 

I've never heard of either of them.  I'll look for Derek Jarmen films. 
Edward II?  I guess that's a film title?  I *will* look for it.  I'm taking
a film class this semester.  I'm not good at it.  The professor is really
into having us talk and write about how the films affect us emotionally. 
I'm totally out of my element there and am very uncomfortable with it.  I'll
get through, though.   Also, it is changing forever the way I look at
movies.  No more pure escapism  :(

On the other topic:  I have such little concept of "gay".  I mean, I've
known a few people who are gay, been approached by a few men over the years,
but mostly I don't get it.  Actually, where I said "people" in that last
sentence, I should've said "guys".  Except for you, I haven't known any
women who have talked with me about being gay.  I do know some women who I
think are gay, but we don't talk about it.  How do you feel about straight
people who don't have a clue about what your all about?  That'd be me...

> bring you down but this really effects my reality. Did I just say 
> "effects my reality"??? EEEECK! I've obviously been in California too 
> long.

hehehe.  That's just what I thought when I read that!  

  Anyway, the other day i was thinking, "Why does this John fella 
> keep in touch with me?" hmmm.. my voice? no, then we wouldn't e-mail each 
> other. my dazzling personality and quirky world perspective? perhaps... 
> maybe you could shed some light on the subject...

Your voice is high on the list.  Definitely the phone sex part thrills the
hell out of me.

So, don't let the e-mailing part negate that.

Your personality and "world perspective" are certainly part of it, too.  I
don't know anyone like you in my "real life" and something tells me that
staying in touch with you is going to be a growing experience for me.

 I keep in touch with 
> you because you always sound so tetative and sweet but your really kind 
> of sleazy and dark like me. I like that.

Man, you've got me pegged!!  My sleazy and dark side is SO overwhelming!  And
I give it so little chance to "get out".  I let it out with you...


 I also like you because you're 
> totally in love with your wife and enjoy sex with her. That just makes 
> our communication so much more genuine.

Why does that make our communiques more genuine??  I mean, you're right that
I love her and love sex with her, but I guess I missed something.


 oh well. i need to go and feel 
> sad

I DO hope you're feeling better by now.  Loss really sucks...


> e-me hard baby!
I so want to, but somehow can't bring myself to do it.   ...Maybe you could
start...

'til next (like a minute when I answer your other message),
John

From jshepher@rvcc.raritanval.edu Sat Mar 12 08:03:45 1994
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Message-Id: <9403121603.AA15456@wps.com>
Subject: Re: more mail
To: dina@wps.com (Dina Palivos)
Date: Sat, 12 Mar 1994 11:04:44 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
In-Reply-To: <9403060311.AA06476@wps.com> from "Dina Palivos" at Mar 5, 94 07:11:58 pm
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>      Got your phone message today. I haven't been home much lately, I've 
> been keeping busy to avoid dealing with my broken heart. I thought it 

I'm sorry that's still a problem.  I really hope you feel better soon.

> might be a good idea to give you my work # to insure greater success in 
> reaching me. It's (415)431-2672. It's an office line, not a customer 
> line, so you can just ask for me by name.

Thanks.  I'll try calling you later today...


 I hope all is going well for 
> you with school, your family, etc. If I'm not home, I'm usually
>  at work, I'm painting a mural in the bathroom there. Hope to hear from 
> you soon.    

All is OK.  Not great.  I'm out of time.  Have to go back to class...
I bet the mural will be great.  kinda dark??


>                               thinking of you fondly,
>                                     D

And me, of you!
John

From IGW@cw-f1.umd.umich.edu Mon Mar 14 17:43:42 1994
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To: dina@wps.com
From: IGW@cw-f1.umd.umich.edu
Organization: University of Michigan-Dearborn
Date:     14 Mar 1994 20:45:07 EST5EDT
Subject:  Re: hi
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hey you little lady! what's up?  i miss you! are you feeling any better?  
what's going on with you..you seemed really down when i talked to you 
last..i know i have to wait to talk on the phone about it, but i thought i'd 
ask..i was a little concerned..i'm ok here..just struggling through this 
culture and religion exam..ugh theory..i want to write more of my fun 
papers..but i've put this off for too long so i'd better just get it over 
with..i talked to deborah( my beauteous bartender) she wants to get 
together-i'm still not sure in what way because we were at work and i 
haven't been really forward.  she was though, in a way. i told her i'd like 
to see her so we can talk and she asked if i had her number, i said hold on 
let me get a pen, before i could get one, she handed me a her number and was 
waiting for mine..my son's at school all day if you want to come over she 
said-oh my--i can't wait to get this stuff done so i can be with her...what 
fun sex we'll have-and we're both new at it too-that'll be sweet i 
think..well, time is running out..i'm stressed-ok, nearing panic actually 
but trying to stay in control- so i'd better go...i'd love to hear from you 
either on the phone or the screen whatever-i just want to know how you are.  
take care..love tina

From jshepher@rvcc.raritanval.edu Mon Mar 14 19:00:12 1994
Received: from rvcc.raritanval.edu by fido.wps.com (5.67/wps.com-hackery)
	id AA01301; Mon, 14 Mar 94 18:59:52 -0800
Message-Id: <9403150259.AA01301@wps.com>
Subject: Errgh...
To: dina@wps.com
Date: Mon, 14 Mar 1994 22:01:16 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
X-Mailer: ELM [version 2.4 PL21]
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I deleted the message with your work number before I wrote it down.
What a dummy....

I almost called you at home yesterday morning: around 5am your time.  I
decided you might not love me for that, so i skipped it :<


Hope to hear from you soon,
John

From tomj Mon Mar 14 22:36:09 1994
Received: by fido.wps.com (5.67/wps.com-hackery)
	id AA02118; Mon, 14 Mar 94 22:36:05 -0800
From: tomj (Tom Jennings)
Message-Id: <9403150636.AA02118@wps.com>
Subject: you're not paranoid enough -- yet
To: shit-list
Date: Mon, 14 Mar 1994 22:36:05 -0800 (PST)
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Read this first article.

>>TRUNCATED<< -- skip to the text "File 1"


Computer underground Digest    Sun  Mar 13, 1994   Volume 6 : Issue 24
                           ISSN  1004-042X

       Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
       Archivist: Brendan Kehoe (He's Baaaack)
       Acting Archivist: Stanton McCandlish
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
       Copita Editor:      Sheri O'Nothera

CONTENTS, #6.24 (Mar 13, 1994)
File 1--Clipping the Wings of Freedom (Reprint, by J.P. Barlow)
File 2--Leahy to hold hearings on Clipper Chip!
File 3--Survey: communication ethics on the net
File 4--Starring Tom Cruise as Kevin Poulsen?

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----------------------------------------------------------------------

Date: Sun, 13 Mar 1994 11:30:17 -0500
From: John Perry Barlow <barlow@EFF.ORG>
Subject: File 1--Clipping the Wings of Freedom (Reprint, by J.P. Barlow)

                Clipping the Wings of Freedom           page 1

Jackboots on the Infobahn
by John Perry Barlow
<barlow@eff.org>

[Note: I wish to reserve to Wired Magazine first paper publication of
the following piece. However, given the fairly immediate nature of
this issue, I am net-casting it now. Feel free to pass it on
electronically as you see fit, but please do not turn it into any sort
of hard copy until Wired has done so. I also encourage you to buy the
April issue of Wired in which it will appear.]


On January 11, I managed to schmooze myself aboard Air Force 2. It was
flying out of LA, where its principal passenger had just outlined his
vision of the Information Superhighway to a suited mob of television,
show biz, and cable types who fervently hoped to own it one day...if
they could ever figure out what the hell it was.

>From the standpoint of the Electronic Frontier Foundation, the speech
had been wildly encouraging. The Vice President's announced program
incorporated many of the concepts of open competition, universal
access, and deregulated common carriage which we'd been pushing for
the previous year.

But he had said nothing about future of privacy, except to cite among
the bounties of the NII its ability to "help law enforcement agencies
thwart criminals and terrorists who might use advanced
telecommunications to commit crimes."

On the plane I asked him what this had meant regarding Administration
policy on cryptography. He became non-committal as a cigar store
indian.  "We'll be making some announcements... I can't tell you
anything more." He hurried back to the front of the plane, leaving me
to troubled speculation.


Despite its fundamental role in assuring privacy, transaction
security, and reliable identity within the NII, the Clinton/Gore
Administration policies regarding cryptography have not demonstrated
an enlightenment to match the rest of their digital visions.

The Clipper Chip...which bodes to be either the goofiest waste of
federal dollars since Gerald Ford's great Swine Flu program or, if
actually deployed, a surveillance technology of profound
malignancy...seemed at first an ugly legacy of Reagan/Bush. "This is
going to be our Bay of Pigs," one White House official told me at the
time Clipper was introduced, referring to the distastrous Cuban
invasion plan Kennedy inherited from Eisenhower.

(Clipper, in case you're just tuning in, is an encryption chip which
the NSA and FBI hope will someday be in every phone and computer in
America. It scrambles your communications, making them unintelligible
to all but their intended recipient. All, that is, but the government,
which would hold the "key" to your chip. The key would separated into
two pieces, held in escrow, and joined with the appropriate "legal
authority.")

Of course, trusting the government with your privacy is trusting a
peeping tom to install your window blinds. And, since the folks I've
met in this White House seem extremely smart, conscious, and
freedom-loving...hell, a lot of them are Deadheads...I was sure that
after they felt fully moved in, they'd face down the NSA and FBI, let
Clipper die a natural death, and lower the export embargo on reliable
encryption products.

Furthermore, NIST and the National Security Council have been studying
both Clipper and export embargoes since April. Given that the volumes
of expert testimony they collected opposed them both almost
unanimously , I expected the final report to give the Administration
all the support it needed to do the right thing.

I was wrong about this. Instead, there would be no report. Apparently,
they couldn't draft one which supported, on the evidence, what they
had decided to do instead.


THE OTHER SHOE DROPS

On Friday, February 4, the other jack-boot dropped. A series of
announcements from the Administration made it clear that cryptography
would become their very own "Bosnia of telecommunications" (as one
staffer put it). It wasn't just that the old Serbs in the NSA and the
FBI were still making the calls. The alarming new reality was that the
invertebrates in the White House were only too happy to abide by them.
Anything to avoid appearing soft on drugs or terrorism.

So, rather than ditching Clipper, they declared it a Federal Data
Processing Standard, backing that up with an immediate government
order for 50,000 Clipper devices. They appointed NIST and the
Department of Treasury as the "trusted" third parties that would hold
the Clipper key pairs.  (Treasury, by the way, is also home to such
trustworthy agencies as the Secret Service and the Bureau of Alcohol,
Tobacco, and Firearms.)

They re-affirmed the export embargo on robust encryption products,
admitting for the first time that its purpose was to stifle
competition to Clipper. And they outlined a very porous set of
requirements under which the cops might get the keys to your chip.
(They would not go into the procedure by which the NSA would get them,
though they assured us it was sufficient.)

They even signaled the impending return of the dread Digital
Telephony, an FBI legislative initiative which would require
fundamentally re-engineering the information infrastructure to make
provision of wiretapping ability the paramount design priority.


INVASION OF THE BODY SNATCHERS

Actually, by the time the announcements thudded down, I wan't
surprised by them. I had spent several days the previous week in and
around the White House.

I felt like I was in another re-make of The Invasion of the Body
Snatchers.  My friends in the Administration had been transformed.
They'd been subsumed by the vast mind-field on the other side of the
security clearance membrane, where dwell the monstrous bureaucratic
organisms which feed themselves on fear. They'd adopted the
institutionally paranoid National Security Weltanschauung.

They used all the tell-tale phrases. Mike Nelson, the White House
point man on NII, told me, "If only I could tell you what I know,
you'd feel the same way I do." I told him I'd been inoculated against
that argument during Vietnam. (And it does seem to me that if you're
going to initiate a process which might end freedom in America, you
probably need an argument that isn't classified.)

Besides, how does he know what he knows? Where does he get his
information?  Why the NSA, of course. Which, given its strong interest
in the outcome, seems hardly an unimpeachable source.

However they reached it, Clinton and Gore have an astonishingly simple
bottom line, against which even the future of American liberty and
prosperity is secondary: They believe that it is their responsibility
to eliminate, by whatever means, the possibility that some terrorist
might get a nuke and use it on, say, the World Trade Center. They have
been convinced that such plots are more likely to ripen to their
hideous fruition behind a shield of encryption.

The staffers I talked to were unmoved by the argument that anyone
smart enough to steal and detonate a nuclear device is probably smart
enough to use PGP or some other uncompromised crypto standard. And
never mind that the last people who popped a hooter in the World Trade
Center were able to put it there without using any cryptography and
while under FBI surveillance.

We are dealing with religion here. Though only 10 American lives were
lost to terrorism in the last two years, the primacy of this threat
has become as much an article of faith with these guys as the Catholic
conviction that
human life begins at conception or the Mormon belief that the Lost
Tribe of Israel crossed the Atlantic in submarines.

In the spirit of openness and compromise, they invited EFF to submit
other solutions to the "problem" of the nuclear-enabled terrorist
besides key escrow devices, but they would not admit into discussion
the argument that such a threat might, in fact, be some kind of
phantasm created by the spooks to ensure their lavish budgets into the
Post-Cold War era.

As to the possibility that good old-fashioned investigative techniques
might be more valuable in preventing their show-case catastrophe (as
it was after the fact in finding the alleged perpetrators of the last
attack on the World Trade Center),they just hunkered down and said
that when wire-taps were necessary, they were damned well necessary.

When I asked about the business that American companies lose to their
inability to export good encryption products, one staffer essentially
dismissed the market, saying that total world trade in crypto goods
was still less than a billion dollars. (Well, right. Thanks more to
the diligent efforts of the  NSA than lack of sales potential.)

I suggested that a more immediate and costly real-world effect of
their policies would be reducing national security by isolating
American commerce, owing to a lack of international confidence in the
security of our data lines. I said that Bruce Sterling's fictional
data-enclaves in places like the Turks and Caicos Islands were
starting to look real world inevitable.

They had a couple of answers to this, one unsatisfying and the other
scary.  Their first answer was that the international banking
community could just go on using DES, which still seemed robust enough
to them. [DES is the old federal Data Encryption Standard, thought by
most cryptologists to be nearing the end of its credibility.]

More troubling was their willingness to counter the data-enclave
future with one in which no data channels anywhere would be secure
from examination by some government or another. They pointed to
unnamed other countries which were developing their own mandatory
standards and restrictions regarding cryptography and have said to me
on several occasions words to the effect that, "Hey, it's not like you
can't outlaw the stuff. Look at France."

Of course, they have also said repeatedly...and for now I believe
them...that they have absolutely no plans to outlaw non-Clipper crypto
in the U.S. But that doesn't mean that such plans couldn't develop in
the presence of some pending "emergency." Then there is that White
House briefing document, issued at the time Clipper was first
announced, which asserts that no U.S. citizen "as a matter of right,
is entitled to an unbreakable commercial encryption product."

Now why, if it's an ability they have no intention of contesting, do
they feel compelled to declare that it's not a right? Could it be that
they are preparing us for the laws they'll pass after some bearded
fanatic has gotten himself a surplus nuke and used something besides
Clipper to conceal his plans for it?

If they are thinking about such an eventuality, we should be doing so
as well. How will we respond? I believe there is a strong, though
currently untested, argument that outlawing unregulated crypto would
violate the First Amendment, which surely protects the manner of our
speech as clearly as it protects the content.

But of course the First Amendment is, like the rest of the
Constitution, only as good as the government's willingness of the to
uphold it. And they are, as I say, in a mood to protect our safety
over our liberty.

This is not a mind-frame against which any argument is going to be
very effective. And it appeared that they had already heard and
rejected every argument I could possibly offer.

In fact, when I drew what I thought was an original comparison between
their stand against naturally proliferating crypto and the folly of
King Canute (who placed his throne on the beach and commanded the tide
to leave him dry), my opposition looked pained and said he had heard
that one almost as often as jokes about road-kill on the Information
Superhighway.

I hate to go to war with them. War is always nastier among friends.
Furthermore, unless they've decided to let the NSA design the rest of
the National Information Infrastructure as well, we need to go on
working closely with them on the whole range of issues like access,
competition, workplace privacy, common carriage, intellectual
property, and such.  Besides, the proliferation of strong crypto will
probably happen eventually no matter what they do.

But then again, it might not. In which case we could shortly find
ourselves under a government that would have the automated ability to
log the time, origin and recipient of everycall we made, could track
our physical whereabouts continuously, could keep better account of
our financial transactions than we do, and all without a warrant. Talk
about crime prevention!

Worse, under some vaguely defined and surely mutable "legal
authority," they also would be able to listen to our calls and read
our e-mail without having to do any backyard rewiring. (And wouldn't
even need that to monitor our overseas calls.)

If there's going to be a fight, I'd far rather it be with this
government than the one we'd likely face on that hard day.

Hey, I've never been a paranoid before. It's always seemed to me that
most governments are too incompetent to keep a good plot strung
together all the way from coffee break to quitting time. But I am now
very nervous about the government of the United States of America.

Because Bill 'n' Al, whatever their other new paradigm virtues, have
allowed the very old paradigm trogs of the Guardian Class to the
define as their highest duty the defense of America against an enemy
that exists primarily in the imagination and is therefore capable of
anything.

To assure absolute safety against such an enemy, there is no limit to
the liberties we will eventually be asked to sacrifice. And, with a
Clipper chip in every phone, there will certainly be no technical
limit on their ability to enforce those sacrifices.


WHAT YOU CAN DO

GET CONGRESS TO LIFT THE CRYPTO EMBARGO

The Administration is trying to impose Clipper on us by manipulating
market forces. Purchasing massive numbers of Clipper devices, they
intend to produce an economy of scale which will make them cheap while
their export embargo renders all competition either expensive or
non-existent.

We have to use the market to fight back. While it's unlikely that
they'll back down on Clipper deployment, the Electronic Frontier
Foundation believes that with sufficient public involvement, we can
get Congress to eliminate the export embargo.

Rep. Maria Cantwell (D-WA) has a bill (H.R. 3627) before the Economic
Policy, Trade, and Environment Science Subcommittee of the House
Foreign Affairs Committee which would do exactly that. She will need a
lot of help from the public. They may not care much about your privacy
in DC, but they still care about your vote.

Please signal your support of H.R. 3627, either by writing her
directly or e-mailing her at cantwell@eff.org. Messages sent to that
address will be printed out and delivered to her office. In the
Subject header of your message, please include the words "support HR
3627." In the body of your message, express your reasons for
supporting the bill. You may also express your sentiments to Rep. Lee
Hamilton, the Foreign Relations Committee chairman, by e-mailing
hamilton@eff.org.

Furthermore, since there is nothing quite as powerful as a letter from
a constituent, you should check the following list of subcommittee and
committee members to see if your congressperson is among them. If so,
please copy them your letter to Ms. Cantwell.

Economic Policy, Trade, and Environment Science Subcommittee:
Democrats: Sam Gejdenson (Chairman), James Oberstar, Cynthia McKinney,
Maria Cantwell, Eric Fingerhut, Albert R. Wynn, Harry Johnston, Eliot
Engel, Charles Schumer. Republicans: Toby Roth (ranking), Donald
Manzullo, Doug Bereuter, Jan Meyers, Cass Ballenger, Dana Rohrabacher.

Foreign Affairs Committee:
Democrats: Lee Hamilton (Chairman), Tom Lantos, Robert Torricelli,
Howard Berman, Gary Ackerman, Eni Faleomavaega, Matthew Martinez,
Robert Borski, Donal Payne, Robert Andrews, Robert Menendez, Sherrod
Brown, Alcee Hastings, Peter Deutsch, Don Edwards, Frank McCloskey,
Thomas Sawyer, Luis Gutierrez. Republicans: Benjamin Gilman (ranking),
William Goodling, Jim Leach, Olympia Snowe, Henry Hyde, Christopher
Smith, Dan Burton, Elton Gallegly, Ileana Ros-Lehtinen, David Levy,
Lincoln Diaz-Balart, Ed Royce.


BOYCOTT CLIPPER DEVICES AND THE COMPANIES WHICH MAKE THEM.

Don't buy anything with a Clipper chip in it. Don't buy any product
from a company which manufactures devices with "Big Brother Inside."
It is likely that the government will ask you to use Clipper for
communications with the IRS or when doing business with Federal
agencies. They cannot, as yet, require you to do so. Just say no.


LEARN ABOUT ENCRYPTION AND EXPLAIN THE ISSUES TO YOUR UNWIRED FRIENDS

The administration is banking on the likelihood that this stuff too
technically obscure to agitate anyone but nerds like us. You prove
them wrong by patiently explaining what's going on to all the people
you know who have never touched a computer and glaze over at the
mention of words like "cryptography."

Maybe you glaze over yourself. Don't. It's not that hard. For some
hands-on experience, download a copy of PGP, a shareware encryption
engine which uses the robust RSA encryption algorithm. and learn to
use it.


GET YOUR COMPANY TO THINK ABOUT EMBEDDING REAL CRYPTOGRAPHY IN ITS
PRODUCTS

If you work for a company which makes software, computer hardware, or
any kind of communications device, work from within to get them to
incorporate RSA or some other strong encryption scheme into their
products. If they say that they are afraid to violate the export
embargo, ask them to consider manufacturing such products overseas and
importing them back into the United States. There appears to be no law
against that. As yet.

You might also lobby your company to join the Digital Privacy and
Security Working Group, a coalition of companies and public interest
groups that includes IBM, Apple, Sun, Microsoft (and, interestingly,
Clipper phone manufacturer AT&T) that is working to get the embargo
lifted.


JOIN EFF, CPSR, OR BOTH

Self-serving as it sounds coming from me, I think you can do a lot to
help by becoming a member of one of these organizations. In addition
to giving you access to the latest information on this subject, every
additional member strengthens our credibility with Congress.

Join the Electronic Frontier Foundation by writing membership@eff.org.
Join Computer Professionals for Social Responsibility by writing
[provide e-mail address here.]

In his LA speech, Gore called the development of the NII "a
revolution." And it is a revolutionary war we are engaged in here.
Clipper is a last ditch attempt by the United States, the last great
power from the Industrial Era, to establish imperial control over
Cyberspace. If they win, the most liberating development in the
history of humankind could become, instead, the surveillance system
which will monitor our grandchildren's morality. We can be better
ancestors than that.


John Perry Barlow is co-founder and Vice-Chairman of the Electronic
Frontier Foundation, a group which defends liberty, both in Cyberspace
and the Physical World. He has three daughters.

End of Computer Underground Digest #6.24
************************************

-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From tomj Mon Mar 14 22:46:17 1994
Received: by fido.wps.com (5.67/wps.com-hackery)
	id AA02161; Mon, 14 Mar 94 22:46:13 -0800
From: tomj (Tom Jennings)
Message-Id: <9403150646.AA02161@wps.com>
Subject: more Clipper
To: shit-list
Date: Mon, 14 Mar 1994 22:46:12 -0800 (PST)
X-Mailer: ELM [version 2.4 PL23]
Mime-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
Content-Length: 20876     
Status: OR

Shit-list is supposed to ba amusing, even if painful amusement. I don't
want it to turn into a one-track strident monstrosity. However the
gov'ts Clipper thing is at a curious point. It is very scary
history-making actions here, it reall is a turning point in (U.S.)
societal paradigm re: law enforcement's relation to it's citizenry. 

This outlines a clever trick Gilmore is pulling. He is one of the
very few people who can afford the legal battle, if it goes that
far. I hope they don't silkwood him.


>From surfpunk-0105. Contact info near the end.


From: surfpunk@osc.versant.com (jvgarffvat gur travhf bs senzref)
To: surfpunk@osc.versant.com (SURFPUNK Technical Journal)
Subject: [surfpunk-0105] FOIA: the Clipper Key Escrow databases

*		"I know of no safe depository of the ultimate powers
*		of the society but the people themselves, and if we
*		think them not enlightened enough to exercise that
*		control with a wholesome discretion, the remedy is not
*		to take it from them, but to inform their discretion."
*
*				-- Thomas Jefferson, 1820
*				[passed along by librarian Ruth Reynolds]


SURFPUNK BACKISSUES:  ftp://ftp.yak.net/pub/surfpunk
               ALSO:  ftp://ftp.eff.org/pub/Publications/CuD/Surfpunk/


John Gilmore has sent a Freedom Of Information Act (FOIA) request for
the database of escrowed key components.  These are the half-keys that 
will be required to decrypt conversations on the pre-wiretapped
Clipper encrypted telephones.

The idea behind FOIA is that the U S Government should be accountable
to its citizens by having its files and databases open to public
inspection.  The mechanism for doing this is to file a FOIA request to
a government agency, and they are supposed to send you what you ask
for, with some exceptions.  Requesting the Clipper key databases seems
silly at first, but really it strikes at the heart of why Clipper is
such a bad idea:  FOIA prevents government from collecting information
about citizens that the citizens themselves cannot be trusted with.  If
we do not want other citizens listening in to our private conversations, 
the government has no business doing it, either, because they should be 
working *for* us.

BTW, Eric Hughes points out that "escrowed" is not really the right
word.  An escrow agent is someone chosen and agreed to by both parties
to hold something for future release under certain conditions.  In the
case of Clipper Keys, both parties do not get to agree to who the
escrow agents are.  They are chosen for you: one is the U S Treasury
department, whose Secret Service brought you the Steve Jackson Games
fiasco; the other is NIST, who is plowing ahead with the Clipper
standard despite a nearly unanimous response against it during their
period of public comment.

It looks like John has created a mailing list foia-keys-request@toad.com 
if you're interested in following this.  The Cypherpunks list is still at
cypherpunks-request@toad.com.                 --strick

________________________________________________________________________
________________________________________________________________________

To: cypherpunks@toad.com, gnu@toad.com
Subject: <6g> I have FOIA'd the Clipper Key Escrow databases
Date: Fri, 25 Feb 94 12:58:40 -0800
From: gnu@toad.com


There appears to be no FOIA exemption that would justify withholding
the key escrow databases which Treasury and NIST are building.  (The
keys are not tied to any individual, so individual privacy isn't a
valid exemption.  The database isn't classified.  Etc.)  I have asked
for a copy of each database, in toto.  Letters were sent yesterday.
One is reproduced below; the other is identical except for the
addressee and minor details.

You too can do things like this.  It's fun and it occasionally
produces highly useful information.  Just think of something that the
government knows, and has written down on paper, that you want to
know.  Ask them for it.  You have the right to know.  They're spending
your taxes to subjugate you, and they're required to answer, though
almost all agencies do it grudgingly.  Post your request to the net,
so that we-all will know it's happening, and can be inspired to think
of other interesting things to ask for.

You don't need all the boilerplate below about exemptions and time
limits and stuff; that is to put the agencies on notice that we will
push them in court, if necessary, to be responsive.  Or you can use
our boilerplate in your own requests, if you like.  Alter the "media
requester" section to suit your own situation.

        John

[[ The actual FOIA request is at the end  --strick ]]


________________________________________________________________________

Date: Mon, 28 Feb 94 11:48:59 -0800
From: hughes@ah.com (Eric Hughes)
Message-Id: <9402281948.AA05053@ah.com>
To: cypherpunks@toad.com
Subject: <8c> I have FOIA'd the Clipper Key Escrow databases


Should John's FOIA request for the clipper key database work, it
creates a wonderful hole in the entire key custody system.

It would require a legislative act to plug the hole.

This is extremely significant, since the whole clipper strategy is
based on unchecked and unbalanced actions by the executive branch.  No
laws were passed to create clipper and no judicial review has taken
place.

John's request will be denied, no doubt, and will go to court.  Should
he prevail in court, the executive branch is bound by that decision.
A key custody database which was public would make the system insecure
and unusable.  The executive branch could not change this.  Only the
legislature could.

Now, how many legislators do you know that are going to make a public
record by voting in favor of Big Brother?

We are witnessing the genius of framers of the USA Constitution here,
folks.

Eric

________________________________________________________________________

To: smb@research.att.com
Cc: cypherpunks@toad.com, gnu@toad.com
Subject: <6g> Re: I have FOIA'd the Clipper Key Escrow databases
In-Reply-To: <9402252135.AA04902@toad.com>
Date: Sun, 27 Feb 94 00:21:43 -0800


> I confess -- I expect one of two outcomes.  First, they may say that
> the database is classified, if only at the level of ``For Official
> Use Only''.

`For Official Use Only' is not a valid classification.  A document
with this marking cannot be withheld under FOIA exemption 1.  You have
to read the Executive Orders on classification -- this category got
cleaned up a LONG time ago.

The current Executive Order gives particular criteria for classifying
things.  If this database doesn't fit any of those criteria, it can't
legally be classified.  I don't believe that this database is covered.
And a judge in a FOIA case can do a "de novo" (from scratch) review of
whether the material is legally classified, by examining it himself in
private -- we don't have to take the agency's word that "there really
is some reason it is classified".

Also, giving classified information to unauthorized people is a major
offense.  They threatened me with that offense one time, over texts
that I found in a library.  If the keys in the database are
classified, they can't give them out to cops.  FOIA requires that they
"segregate" any classified part and give me the rest of what's there,
so if they claim that "well, one key isn't classified, but ten or a
thousand of them are classified", I bet we can (1) get some keys out,
(2) challenge this idea in court.  In particular, it should be
possible to record the LEAF from a particular chip (whether you own
it, or not!) and send it to them in a FOIA request asking for the
matching unit key.  They clearly can map a LEAF to a key (they do it
for cops), and FOIA only requires that you "reasonably describe" the
records you want.  Given their mapping capability, the LEAF is a
reasonable description of the record you want.

> Second, maybe they will release it -- but remember that
> the keys are stored encrypted.  Can you file an FOIA request for the
> key, too?

Either I can get the key, or I can get them to decrypt it for me.  If
they could hold arbitrary government records in secret by simply
encrypting them and classifying the keys, FOIA would be entirely
thwarted; the courts wouldn't let them get away with it.

By the way, I did request the keys:

> This request includes your database of the escrowed key
> components.  This request also includes any ancillary information
> about the database, such as data formats, procedures, standards,
> access methods, memos and documents about its use, access
> software, plans, etc.  If the database itself is stored in encrypted
> form, then this request also includes the computer programs and
> keys required to access it.

        John

________________________________________________________________________



law office of
Lee Tien
1452 Curtis Street
Berkeley, California  94702
_______________ 
  tien@well.sf.ca.us      
voice:  (510) 525-0817
fax:  (510) 525-3015


February 24, 1994

Reference:  KEY ESCROW DATABASE-TREASURY


Departmental Disclosure Office
Department of the Treasury
Room 1054-MT
Washington, D.C.  20220
ATTN:  FOIA request

Dear Sir or Madam:

This is a request under the Freedom of Information Act [5 
U.S.C. Sec. 552] on behalf of my client, Mr. John Gilmore.  

I write to request a copy of all agency records or portions 
thereof, in electronic or other form, which relate to the database of 
escrowed key components for encryption using the key escrow 
encryption method.  The Attorney General announced on Friday, 
February 4, 1994, that the Automated Systems Division of the 
Department of the Treasury will be one of the two escrow agents.  


This request includes your database of the escrowed key 
components.  This request also includes any ancillary information 
about the database, such as data formats, procedures, standards, 
access methods, memos and documents about its use, access 
software, plans, etc.  If the database itself is stored in encrypted 
form, then this request also includes the computer programs and 
keys required to access it. 

We specifically request that you make the database available in 
electronic form, such as on magnetic tape.  We remind you that the 
long-standing rule that the FOIA "makes no distinction between 
records maintained in manual and computer storage systems," 
Yeager v. D.E.A., 678 F.2d 315, 321 (D.C.Cir. 1982), has recently 
been amplified in Armstrong v. Executive Office of the President, 
810 F.Supp. 335 (D.D.C. 1993).  Any paper print-outs of electronic 
records, such as e-mail, must include all information in the 
electronic record.  Assuming that there would be no loss of 
releasable information, such as written comments made on paper 
print-outs, we therefore ask you to release all responsive electronic 
records in electronic, i.e., machine-readable, form.  

As you know, the FOIA provides that an agency must make an 
initial determination of whether to comply with a FOIA request 
within ten working days of receiving the request.  

If the records that you possess were originated or classified by 
another organization, I ask that your organization declassify them 
(if needed) and release them to me, as provided in the FOIA, 
within the statutory time limits.  If there is a conflict between the 
statutory time limits and some regulation or policy that requires 
you to refer the records, the statutory requirement takes precedence 
over any Executive-branch regulation, policy or practice.  

Congress placed a limit on the time which may be expended in 
referrals.  The FOIA explicitly provides that referrals to other 
interested agencies or agency components are treated under the 
provision for "unusual circumstances," and cannot justify a delay 
of more than an additional 10 working days.  5 U.S.C. Sec. 
552(a)(6)(B)(iii).   

"[W]hen an agency receives a FOIA request for 'agency 
records' in its possession it must take responsibility for processing 
the request.  It cannot simply refuse to act on the ground that the 
documents originated elsewhere."  McGehee v. C.I.A., 697 F.2d 
1095, 1110 (D.C. Cir. 1983).   Even records originated by other 
agencies are subject to immediate release under the applicable case 
law, if they were at the time of the request in the possession and 
control of your agency.

Simply put, the FOIA and the case law take precedence over 
executive branch regulations or practices regarding referrals.  If 
you do refer documents to any other agency, and they are not 
provided within the time limits, we intend to litigate on this 
point.

As you know, the FOIA provides that even if some requested 
material is properly exempted from mandatory disclosure, all 
segregable portions must be released.  [5 U.S.C. Sec. 552(b)]  If any 
or all material covered by this request is withheld, please inform 
me of the specific exemptions that are being claimed, and mark all 
deletions to indicate the exemption(s) being claimed to authorize 
each individual withholding.  If the (b)(3) exemption is claimed, 
please indicate the relevant withholding statute(s).

If any records are withheld, I request a Vaughn index or its 
equivalent during the administrative process.  "[T]he objective of 
the Vaughn requirements, to permit the requesting party to present 
its case effectively, is equally applicable to proceedings within the 
agency."  Mead Data Central v. Department of the Air Force, 402 
F.Supp. 460 (D.D.C. 1974), remanded, 566 F.2d 242 (D.C. Cir. 
1977) aff'd, 575 F.2d 932 (D.C. Cir. 1978).  

"[A] person cannot effectively appeal a decision about the 
releasability of documents ... if he is not informed of at 
least a list of the documents to which he was denied access 
... and why those decisions were made.  Denial of this 
information would in all likelihood be a denial of due 
process as well as effectively gutting the reasons for 
applying the exhaustion doctrine in FOIA cases."

Shermco Industries, Inc. v. Secretary of the Air Force, 452 F.Supp. 
306, 317 n.7 (N.D. Tex. 1978); see Oglesby v. Department of the 
Army, 920 F.2d 57, 65 (D.C. Cir. 1990) (citing Shermco).   It 
should be simple to prepare a list and the claimed exemptions as 
the records are processed.  Disclosing such information would not 
disclose any exempt information and it would make it easier to 
appeal your initial determination on the merits.  

In addition, I ask that your agency exercise its discretion to 
release information that may be technically exempt.  As you know, 
the Attorney General on October 4, 1993, directed that agencies 
should administer the FOIA under a presumption of disclosure, and 
that information which need not be withheld should not be.

I remind you that under Chrysler v. Brown, 441 U.S. 281, 293 
(1979), the 5 U.S.C. Sec. 552(b) exemptions are discretionary, not 
mandatory.  An agency can generally choose to release exempt 
information.  This discretionary review process for withholding 
cannot take precedence over the law, which requires a response 
within specified time limits.  Moreover, that discretion, according 
to the Attorney General's October 4, 1993 memorandum, must be 
exercised in accordance with a presumption of disclosure.  Even if 
a substantial legal basis exists for withholding, information is not 
to be withheld unless it need be.  

I also request that fees be waived because Mr. Gilmore should 
be deemed a media requester by your agency for FOIA purposes, 
and because the public interest would be furthered by a fee waiver.  


The D.C. Circuit Court of Appeals has held that "a 
representative of the news media is, in essence, a person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn the raw materials into a 
distinct work, and distributes that work to an audience."  National 
Security Archive v. Department of Defense, 880 F.2d 1381, 1387 
(D.C.Cir. 1989), cert. denied 494 U.S. 1029 (1990).  

This definition applies strongly to Mr. Gilmore, who is a co-
founder and director of the Electronic Frontier Foundation (EFF), a 
Washington, D.C.-based public interest organization.  The EFF has 
been intimately involved in policy discussions concerning key 
escrow encryption and distributes information to the public by 
newsletter and electronic distribution about this and other topics 
involving civil liberties.   Mr. Gilmore is also a skilled computer 
programmer who has spent the last ten years distributing his work 
for public use to a worldwide audience on the Internet and the 
Usenet.  

Mr. Gilmore is also entitled to a fee waiver because "disclosure 
of the information is in the public interest because it is likely to 
contribute significantly to public understanding of the operations 
or activities of the government and is not primarily in the 
commercial interest of the requester."  

There exists a tremendous public debate over the wisdom and 
legality of the key escrow encryption plan, as I am sure you are 
well aware.  Your agency's database is clearly an operation of the 
government in which the public has a great interest.  The Vice 
President himself has publicly expressed doubt about the 
delegating key escrow responsibilities to agencies which are part of 
the executive branch.  The information requested herein relates to 
such doubt.  This information is not yet in the public record, so the 
request makes a substantial contribution to the public 
understanding.  

This request is not primarily in the commercial interest of Mr. 
Gilmore.  He will not benefit financially from this information in 
any way.  He intends to disseminate the requested records widely 
and freely to inform this public debate.   

Should there be any problem in this regard, Mr. Gilmore 
promises to pay up to $1000 in fees, and you should therefore 
begin processing of this request without fee-related delays.  

As provided under the FOIA, I will expect a reply within ten 
(10) working days.  


Sincerely,



Lee Tien
Attorney at Law
On behalf of Mr. John Gilmore

________________________________________________________________________

The SURFPUNK Technical Journal is a dangerous multinational hacker zine
originating near BARRNET in the fashionable western arm of the northern
California matrix.  Quantum Californians appear in one of two states,
spin surf or spin punk.  Undetected, we are both, or might be neither.
________________________________________________________________________

Submissions: 	<surfpunk@versant.com>,
Subscriptions: 	<surfpunk-request@versant.com>.
Backissues:  	ftp://ftp.yak.net/pub/surfpunk
also		ftp://ftp.eff.org/pub/Publications/CuD/Surfpunk/
________________________________________________________________________
________________________________________________________________________





   Vice President Al Gore's comments:


				By Jay Levin (C) 1994
				From New York Unix Vol 4 #3.
				WASHINGTON, Feb 11

	Under the Clipper plan, the keys would be stored at the
	Treasury Department and the National Insitute of Standards and
	Technology (NIST), whic is part of the Commerce Department.
	Both Treasury and Commerce are from the same branch of
	government, the executive branch.

	"When I saw that I said 'Wow.  That is not right,' and I raised
	hell about that," Gore said in an interview Thursday.

	Having the key holders from the same branch of government
	raises concern because there is no systems of checks and
	balances, Gore said.  "That's going to be changed," he said.

	... The selection of NIST and Treasury "was spun out of the process
	at the low level and was not vetted at the top," Gore said.
	Gore's comments were made after appearing before the first
	meeting of a private sector advisory panel on the development
	of a "national information infrastructure" in Washington, D.C.

		




   From: Carl Ellison <cme@sw.stratus.com>


	>The FBI and the Justice Department say the initiative would
	>not expand their power, but would ensure access to the type of
	>communications they have been entitled to tap for years.


	This is totally bogus.

	The FBI has never had the right to watch computer programs
	execute.  Now that computer programs are being written as
	distributed systems, what was originally written to be an
	internal subroutine call can look like a message over the phone
	system.

	The FBI never had the right to bug corporate conference rooms.
	Now that companies are using videoconferencing, a private
	corporate conference could look like a phone call.

	Etc.

	This needs to be fought.

	 - Carl




   To: cypherpunks@toad.com
   Subject: SQUISH

	I just received a notice concerning your game.  Please send me
	some more information on how to join/play as well as any rules.
	Thanks,
	Jeff







-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From IGW@cw-f1.umd.umich.edu Tue Mar 15 09:11:17 1994
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    Tue, 15 Mar 94 12:13:52 EDT
To: dina@wps.com
From: IGW@cw-f1.umd.umich.edu
Organization: University of Michigan-Dearborn
Date:     15 Mar 1994 12:09:45 EST5EDT
Subject:  i got an a
Priority: normal
X-Mailer: Pegasus Mail/Mac v2.02
Message-Id: <27148C74B7E@cw-f1.umd.umich.edu>
Status: OR

hi! i can't say much but i am really excited!!Andrew (shryock) loved my 
paper...he said it's at least an A, but he hasn't graded it yet because he's 
trying to figure out how high he can go without feeling guilty.  He said he 
picked up, started reading and couldn't put it down until all 54 pages were 
read...i'm thrilled-it's a good day!!!! i hope your day goes as well as mine 
is, if it does you'll definitely be grinning from ear to ear...i've got to 
go to class-if you have time write me ok...miss you..love you...tina

From jshepher@rvcc.raritanval.edu Wed Mar 16 15:40:07 1994
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	id AA00221; Wed, 16 Mar 94 15:39:54 -0800
Message-Id: <9403162339.AA00221@wps.com>
Subject: Re: hello sweet thing
To: dina@wps.com (Dina Palivos)
Date: Wed, 16 Mar 1994 18:40:42 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
In-Reply-To: <9403162210.AA08958@wps.com> from "Dina Palivos" at Mar 16, 94 02:10:55 pm
X-Mailer: ELM [version 2.4 PL21]
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Status: OR

...I'm blushing again.  I don't know that I'm that sweet...

I just tried to call you at home, right before I read your message.  No
answer.

Anyway, it's been great reading your notes.  i'm sorry to hear your not
feeling good.  I've a bit of a sore throat, too.

Things are rolling along for me, too.  Off school this week, but REAL busy
at work.

I need to run.  I'll keep your number this time  ;)

"See" ya,

John 

From IGW@cw-f1.umd.umich.edu Wed Mar 30 10:58:01 1994
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From: IGW@cw-f1.umd.umich.edu
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	id AA15423; Wed, 30 Mar 94 13:16:41 EST
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    Wed, 30 Mar 94 13:19:58 EDT
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Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Wed, 30 Mar 1994 13:19:13 EST5EDT
Subject:       hi sweetie
X-Pmrqc:       1
Priority: normal
X-Mailer:     PMail v3.0 (R1)
Message-Id: <3DA8B4D24C6@cw-f1.umd.umich.edu>
Status: OR

ahh!! i finally finished the first stage of my ten year 
project...it was ok, but of course i already have the first set of 
revisions ready in my mind...i really had fun talking to you the 
other day, i miss you a lot! i am definitely come out there this 
summer, when? i don't know, but i'll get there...i also told rob we 
need to talk about you two, he seemed receptive and willing, i'll let 
you know how it goes..i have such a crush on andrew shryock, it's 
getting out of control...what is it with me? i fall for straight 
girls, catholic boys and married men...sounds like a title for a self-
help book doesn't it? maybe, i'll get on oprah with this.. "bisexual 
queer: how not to find a good relationship?" haha...anyway, i'm crazy 
about him, i'd do him in a minute...although i still have an insane 
amount of work to do, i'm feeling very good about myself and about 
life....i honestly believe i'll finish it all...wow...other than 
that, nothing much different since we last talked...i have to get to 
work..i'll be here all day if you have time...can you believe nick 
didn't call mom on her birthday-asshole!!! well, i didn't either, but 
i saw her when i got home and i told her i'd take her out when the 
semester was over...until last night, i had only had 6 hours sleep in 
4 days...so i was a little scatterbrained...i think she forgives me 
though...nefra's brother sent her some presents-he seems pretty sweet-
he jokes with me on the phone all the time...anyway, let me know how 
you are...tell everyone i said hi...i miss you all, but of course 
especially you...after we talked that day, i played some pearl jam 
and rem(automatic for the people---callin' chet baker-haha) just to 
remind me of you...well, i gotta go---write soon...love you tina

From tomj Wed Mar 30 13:01:39 1994
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	id AA10963; Wed, 30 Mar 94 13:01:36 -0800
From: tomj (Tom Jennings)
Message-Id: <9403302101.AA10963@wps.com>
Subject: disk full!
To: wps-users
Date: Wed, 30 Mar 1994 13:01:36 -0800 (PST)
X-Mailer: ELM [version 2.4 PL23]
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Status: OR

Well, the /u (ie. users') partition is full. It's not a problem for me.
Don't panic on my regard!

You might want to look through your files and delete things you don't
need. If you have some large files you want to archive, let me know; I
can put them on a tape for you. If you want a copy of the tape, a
QIC-150, for $20 I'll make you a verified copy and mial it to you. FYI.

But I will spool it off onto a tape for free, if you have some giant
archive you want saved.

Otherwise, the system is full until someone removes a bunch of files.

If you ever want to know how much space is available, use 'df', which is
the closest thing to CHKDSK, and about as informative:


Filesystem  512-blocks    Used   Avail Capacity  Mounted on
/dev/wd0a        15758   13394     788    94%    /
/dev/wd0h       321678  274796   14714    95%    /usr
/dev/wd1a       103482   90702    2430    97%    /u	<<------ THIS ONE
/dev/wd1h       533988  434270   46318    90%    /hell

It give the number of 512-byte blocks (sigh), times 2 for K bytes. Hmm,
there's some space left, so someoone deleteed some.

-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From jshepher@rvcc.raritanval.edu Wed Mar 30 16:53:54 1994
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Message-Id: <9403310053.AA12544@wps.com>
Subject: hi
To: dina@wps.com
Date: Wed, 30 Mar 1994 19:51:58 -0500 (EST)
From: John Shepherd <jshepher@rvcc.raritanval.edu>
X-Mailer: ELM [version 2.4 PL21]
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Status: OR

Hi!

I'm just about to go home but wanted to drop you a line finally.  I tried to
call the other day;  it was busy  :<

I hope your cheering up.  I bet the weather has been just fabulous.  I keep
thinking about you doing the topless sunbathin. g thing.   Mmmmmmm.


I thought it was funny that you thought it was funny that I quoted your
message back.  I do that a lot.  it helps me keep track of what I'm saying.

Well, like I said, I gotta run.  I hope to speak to you soon!!!!


John 

From IGW@cw-f1.umd.umich.edu Mon Apr  4 17:00:34 1994
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To: dina@wps.com
From: IGW@cw-f1.umd.umich.edu
Organization: University of Michigan-Dearborn
Date:     4 Apr 1994 18:59:29 EST5EDT
Subject:  Re: hi
Priority: normal
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Status: OR

hi there!  i'm so glad dad, mom, and I talked today..but honestly, i'm 
completely exhausted and now i have to sit still for the next twelve hours 
and finish a paper...ugh! wish me luck.  i hope you're feeling a little 
better about all this...things did go very well today...i can't say much, 
i'm glad we're in this together. i can't imagine my life without you in it. 
all of this has made me realize more than ever how fortunate we are to have 
each other. i know you know this but i just want to say i love you very very 
much, as my sister and especially as my friend...well, that's all, if i get 
too mushy i'll probably cry.  i'm off to compose a brillant(doubt it) piece 
on the middle east-i can hardly wait...damn, i ate those coneys and there 
are too many people around to fart-you know how bad they can get!haha--this 
is good, i giggled! ok, gotta go..if you have time and or energy to reply 
i'll be here until 1100 my time..see you sweetie..love tina

From IGW@cw-f1.umd.umich.edu Wed Apr  6 10:18:49 1994
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Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Wed, 6 Apr 1994 13:17:43 EST5EDT
Subject:       hi there
X-Pmrqc:       1
Priority: normal
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Status: OR

 i love your new message! what do george and josh think of it? i 
think you should've played "come, come come into my arms let me know 
the wonder of all of you!" you are out and about in barry mode...i'm 
in much better spirits today...i got another A yeah!  also, i talked 
to moerman-the brillant one, the other day, he asked me to help one 
of his students who is doing a project on the berdache...i helped her 
and today he told me that she talked to him about me and he said "you 
walk on water!" wow! i'm jesus now, and well on my way to god status! 
how sacriligeous, it's holy week,i hope i get zapped while i type 
this!  anyway, things went well with andrew yesterday...i was with 
him from 9am to9pm...just the formula it takes to make me really 
loopy in love...straight girls catholic boys and married men...how do 
i ever expect to get laid?  oh well, maybe this summer i'll fall for 
some queer ladies...or at least get fucked by them..i feel so 
trashy..it was funny yesterday when we went to the mosque on our 
field trip. we had to cover our heads...being nice ladies you 
know...well..the other ladies wore traditional scarfs-solid and 
covering their heads...i wore this bright burgundy sheer sexy veil 
with my hair flowing all over--i told andrew i felt like i had 
defeated the purpose considering i looked my like a little harlot-he 
laughed and said it was the thought that counts---thanks....anyway, 
today i have to be brillant and compose another paper for my dear 
prof..he said not to worry that my first drafts are probably A's.  i 
told him i didn't want to disappoint him after the first very fun 
paper--he said i could never disappoint him--he loves me you know, 
can't you tell?  he's just married, so he can't show it...ok, i'm 
getting out of control-so what?  oh, last thing...i'd like to spend 
six weeks with you in the summer-july and half of august if that's 
ok...i've decided to try and get some field work done--maybe some 
interviews with miss x and kitty, now that you're in the scene..but 
of course those are secondary object, the first being of course to 
meet some lil ladies or big ones for that matter--i wouldn't mind 
being bossed around and tyed up--but you don't need to know that--
haha..ok, i'd ask how you are--but you know i want to know-so please 
write if you have time, ok!! i love you--mom seems a lot better 
now...so don't worry, take care tina...

From IGW@cw-f1.umd.umich.edu Wed Apr  6 18:12:12 1994
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From: IGW@cw-f1.umd.umich.edu
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Organization:  University of Michigan-Dearborn
To: dina@wps.com
Date:          Wed, 6 Apr 1994 21:11:21 EST5EDT
Subject:       ugh!!
X-Pmrqc:       1
Priority: normal
X-Mailer:     PMail v3.0 (R1)
Message-Id: <489878E2B67@cw-f1.umd.umich.edu>
Status: O

i'm not feeling very brillant..my good mood is unfortunately fading 
fast..why oh why do i have to make my life so difficult-boohoo--just  
listen to this thesis i'm working on now.
"This paper will explore how elements of Islam and Christian 
Fundamentalism are used to define and justify women's roles in 
"traditional" American and Middle Eastern familial hierarchies.  
Given the scope of this analysis, I will discuss the roles of women 
with respect to cultural constructs--confinement, protection, and 
normative restriction--that are used to sustain their positions in 
the familial hierarchy.  It will become apparent that the extent to 
which these practices are emphasized is directly related to the 
adaptability of this family structure withiin varying economic 
situations.  Drawing on examples of Middle Eastern Islamic and 
American Evangelical practices, I will illustrate the similarities 
between their value constructs." ughughugh!!this is a really tough 
essay and i'm feeling rather confused...i need help..will you write 
it for me...didn't think so..sorry to blahblahblah--i'm just tired 
lonely and frustrated...oh well, another all nighter!!!i better get 
back to work-take care,miss you lots, especially now...love tina

From tomj Thu Apr  7 17:23:16 1994
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From: tomj (Tom Jennings)
Message-Id: <9404080023.AA05139@wps.com>
Subject: NEw hardware!!
To: wps-users
Date: Thu, 7 Apr 1994 17:23:14 -0700 (PDT)
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Status: O

This machine will be off the air for some number of hours, spottily,
this weekend. I've got a new computer to install, a 486DX2-66 plus a
gigabyte disk. Oh boy.

Theold machine will be a bag on the side of the new one, in case any
funny business happens. You might not even notice the change over.

-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From tomj@wps.com Fri Apr  8 10:12:47 1994
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From: Tom Jennings <tomj@wps.com>
Message-Id: <199404081712.KAA00322@fido.wps.com>
Subject: testing
To: wps-users@wps.com
Date: Fri, 8 Apr 1994 10:12:37 -0700 (PDT)
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-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From tomj@wps.com Fri Apr  8 10:34:49 1994
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From: Tom Jennings <tomj@wps.com>
Message-Id: <199404081734.KAA00255@fido.wps.com>
Subject: hello?
To: wps-users@wps.com
Date: Fri, 8 Apr 1994 10:34:46 -0700 (PDT)
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-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From tomj@wps.com Fri Apr  8 10:36:07 1994
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From: Tom Jennings <tomj@wps.com>
Message-Id: <199404081736.KAA00273@fido.wps.com>
Subject: foo
To: wps-users@wps.com
Date: Fri, 8 Apr 1994 10:36:07 -0700 (PDT)
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-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

From tomj@wps.com Fri Apr  8 18:03:48 1994
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From: tomj (Tom Jennings)
Message-Id: <199404081803.LAA00256@wps.com>
Subject: if you're experienceing troubles...
To: wps-users
Date: Fri, 8 Apr 1994 11:03:47 -0700 (PDT)
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Let me know. I'v ejust switched over to the new hardware, and I had
problems all day long with mail. YOu might have had some mail bounce.
My profuse apologies! I tested some things, and of courser those
were'nt broke...

If you have any troubles, let me know. 

-- 
 Tom Jennings -- tomj@wps.com -- World Power Systems --  San Francisco, Calif.

