mircea_popescu asciilifeform kinda funny how the original order was issued by the buchanan magistrate at 4pm, and before closing time (so within an hour ?) she was issuing forthwiths with handwritten admonitions.
mircea_popescu basically they have this set of lackeys in the magistrature that do nothing all day except waiting for the phone to ring or what is it ?
mircea_popescu it brings to mind the case of the texas magistrateii who had resolved motions the day they were filed and ruled within ten days or something,
mircea_popescu and then ditched any requests to explain whether he had modified his vacation in order to help out teh government.
THE COURT: All right. Well, I believe that to be correct. I mean, this is a criminal investigation. A pen register has been ordered and is here at issue, and any motion to unseal that will be denied.
You said you had another motion, I believe?
MR. LEVISON: Yeah. My issue is only with the SSL keys. So if that is litigated separately and that portion of the proceeding is unsealed, I'm comfortable with that.
THE COURT: I don't understand what you're saying, separate proceedings.
MR. LEVISON: Sorry. I have always agreed to the installation of the pen register device. I have only ever objected to turning over the SSL keys because that would compromise all of the secure communications in and out of my network, including my own administrative traffic.
THE COURT: Well, didn't my order already include that?
MR. LEVISON: I do not believe so, sir.
THE COURT: Did my initial order -- I don't recall at the moment. Did my initial order recall the encrypted devices with the installation of a pen register?
MR. TRUMP: The pen register, as issued, just required all assistance, technical assistance, facilities, and information, to facilitate the pen register.
This morning the search warrant required --
THE COURT: Yeah, but the search warrant's a different matter now. That's not before me this morning. The only thing that's before me this morning is the pen register.
MR. TRUMP: Correct.
THE COURT: So as I understand it, my initial order ordered nothing but that the pen register be put in place.
MR. TRUMP: And all technical assistance, information, and facilities necessary to implement the pen register. And it's our position that without the encryption keys, the data from the pen register will be meaningless. So to facilitate the actual monitoring required by the pen register, the FBI also requires the encryption keys.
THE COURT: Well, that could be, but I don't know that I need -- I don't know that I need to reach that because I've issued a search warrant for that.
MR. TRUMP: Correct, Your Honor. That the -- to avoid litigating this issue, we asked the Court to enter the seizure warrant.
THE COURT: Well, what I'm saying is if he agrees that the pen register be established, and that the only thing he doesn't want to do in connection with the pen register is to give up the encryption device or code --
MR. LEVISON: I've always maintained that.
THE COURT: -- so we've got no issue here. You're ready to do this?
MR. LEVISON: I've been ready to do that since Agent Howard spoke to me the first time.
THE COURT: All right. So that ends our --
MR. TRUMP: Well, then we have to inquire of Mr. Levison whether he will produce the encryption keys pursuant to the search warrant that Your Honor just signed.
THE COURT: But I can't deal with that this morning, can I?
MR. TRUMP: Well, it's the same issue. You could ask him, Your Honor. We can serve him with the warrant and ask him if he's going to comply rather than --
MR. LEVISON: Your Honor, I've also been issued a subpoena demanding those same keys, which I brought with me in the event that we would have to address the subpoena.
THE COURT: I don't know, Mr. Trump. I don't think I want to get involved in asking him. You can talk with him and see whether he's going to produce them or not and let him tell you. But I don't think I ought to go asking what he's going to do and what he's not going to do because I can't take any action about it anyway.
If he does not comply with the subpoena, there are remedies for that one way or another.
MR. TRUMP: Well, the original pen register order was followed by a compulsion order from Judge Buchanan. The compulsion order required the encryption keys to be produced.
So, yes, part of the show cause order is to require compliance both with the pen register order and the compulsion order issued by Judge Buchanan.
And that order, which was attached to the show cause order, states, "To the extent any information, facilities, or technical assistance are under the control of Lavabit are needed to provide the FBI with the encrypted data, Lavabit shall provide such information, facilities, or technical assistance forthwith."
MR. LEVISON: I would object to that statement. I don't know if I'm wording this correctly, but what was in that order to compel was a statement that was incorrect.
Agent Howard seemed to believe that I had the ability to encrypt the e-mail content stored on our servers, which is not the case. I only have the keys that govern communications into and out of the network, and those keys are used to secure the traffic for all users, not just the user in question.
So the statement in that order compelling me to decrypt stuff and Agent Howard stating that I have the ability to do that is technically false or incorrect. There was never an explicit demand that I turn over these keys.
THE COURT: I don't know what bearing that would have, would it? I don't have a problem -- Judge Buchanan issued an order in addition to mine, and I'm not sure I ought to be enforcing Judge Buchanan's order.
My order, if he says that he will produce or allow the installation of the pen register, and in addition I have issued a search warrant for the codes that you want, which I did this morning, that's been entered, it seems that this issue is over as far as I'm concerned except I need to see that he allows the pen register and complies with the subpoena.
MR. TRUMP: Correct.
THE COURT: If he doesn't comply -- if he doesn't comply with the subpoena, then that has -- I have to address that.
MR. TRUMP: Right.
THE COURT: But right now there's nothing for me to address here unless he is not telling me correctly about the pen register.
MR. TRUMP: Well, we can -- Your Honor, if we can talk to Mr. Levison for five minutes, we can ask him whether he will honor the warrant that you just issued.
MR. LEVISON: Before we do that, can I --
THE COURT: Well, what can I do about it if he doesn't, if he tells you he's not going to? You've got the right to go out and search and get it.
MR. TRUMP: Well, we can't get the information without his assistance. He's the only one who knows and has possession of it. We can't take it from him involuntarily.
MR. LEVISON: If I may, sir, my other --
THE COURT: Wait just a second.
You're trying to get me ahead. You're trying to get me to deal with a contempt before there's any contempt, and I have a problem with that.
MR. TRUMP: I'm trying to avoid contempt altogether, Your Honor.
So who's running this circus ? Is it the judge or is it the men in black ?
In this particular case the hon Claude M. Hilton resisted, as in a vanishingly few cases judges do resist. This is a man appointed by Reagan, for the record. He was Chief Judge, he served for the better part of a decade on the Foreign Intelligence Surveillance Court. He's seventy-three years old.
Younger men and women, who still have ambitions of this world as young people do and should, younger men and women who don't have much hope for a Reagan in their future to promote actual justice and actual competence aren't quite as likely to resist. To illustrate this point, I will comission the following research job :
THE RESEARCH JOB
I. compile a list of all the judges serving on each of the 94 district courts as magistrate judges under the supervision of district judges holding office on October 4th, 1993 and aged 40 years or less ;
II. And then for each of these individually compile a record showing all their rulings, orders and decisions which in any way touched upon individual rights of privacy, broadly construed so as to include anything relating to the production of communications of private persons in any written form, limited to an adversarial proceeding in which the US Government, or any agency or representative thereof was party, with proper case reference by number and where available link to published court proceedings ;
III. And then for each of these individually compiled records score the judge's manifested obsequiousness to the government on a scale from -2 to +2 including 0, wherein 0 reflects the neutral and impartial position an ideal judge might be expected to take on the matter, and 1 reflects the slightly partial position a judge may take in support of a government position or against an individual's position contrary to the government's, when such partiality is merely stylistical or otherwise apparent but not substantially causing a perceptible effect in the ruling, order or decision rendered, and -1 reflects the slightly partial position a judge may take in support of an individual's position contrary the government or against the government's position, when such partiality is merely stylistical or otherwise apparent but not substantially causing a perceptible effect in the ruling, order or decision rendered, and 2 reflects the gross partiality towards the government's position or against an individual's position contrary to the government's position which results in the ruling, order or decision being quashed on appeal, or if not appealed reasonably expectable to have been quashed by an ideal, impartial judge, or if appealed and not quashed egregious enough to warrant inclusion, and -2 reflects the gross partiality for an individual's position against the government's, or against the government's position which results in the ruling, order or decision being quashed on appeal, or if not appealed reasonably expectable to have been quashed by an ideal, impartial judge, or if appealed and not quashed egregious enough to warrant inclusion.
IV. And then add together for each judge individually these scores creating a record showing the total score, the total items counted and statistical considerations on the quality of the sample ;
V. And then for each of the judges research and discover their current position in the legal system, or if not in the legal system in politics, or if neither in politics then simply as private persons without further research ;
VI. And then collate and present all this data publicly for review
- Shall be rewarded under this title with a sum of no less than 25 Bitcoin, and should other participants donate then further rewarded accordingly. The delivered results will uniformly be available for public review for an interval of one month, after which should there be no significant errors discovered the payment will be made, or should errors be discovered the respective parts will be open for correction and the one month term reset.
So here's the beauty of powerful cryptomovement : we've got the means, we've got the cool and there's nobody and nothing that can stand in our way. Period.
If you wish to help, as I think you should wish, especially if your own freedom, your own importance, your own rights and the future of the foregoing mean anything whatsoever to you, and if you can afford to help, of which matter you are the only judge, here's what you can do : You send a donation to 13iGD7nu6kXTtPS9DxKhY4gJdgchvdXJFH.
The donation will be used as follows : if your 8th digit past the decimal point is 0, your donation will go to the general fund rewarding he who completes the task in its entirety.iv If your 8th digit is 1, the donation will go to the fund specifically rewarding he who completes Chapter I of the task, and similarly all the way to 5.
I've seeded it with 25 BTC. You are more than welcome to donate anonymously if you wish, or publicly sign your donation. In either case let me make one point adamantly clear : years from now when we'll be looking to the historical record to establish who's who in Bitcoin, imbecillic jesusing, assorted redditardation, conference circlejerking and whatnot won't count for squat. This is the Mayflower, get on the list or get used to not being on the list.
Time to find out exactly what this Bitcoin thing can do if it comes to it.———