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TELECOM Digest Fri, 26 Jan 2007 00:17:00 EST Volume 26 : Issue 26
Inside This Issue: Editor: Patrick A. Townson
AACS Decryption Code Released (Monty Solomon)
Cisco IOS is Affected by Multiple Vulnerabilities (Monty Solomon)
CommunicationsDirect News Daily Update (communicationsdirect_daily")
AT&T Reports 17% Incrase in Fourth-Quarter Profit (USTelecom dailyLead)
Re: Cable, HDTV and Must-Carry (Neal McLain)
Re: The Idea of Paid Entries Angers Wikipedia Publisher (support@sellcom)
Re: Robots Will Get Same Rights as Humans (Rick Merrill)
Re: Is Your Telephone AC Power Dependent? (T)
Re: My Space Sues Colorado Man for Spamming (Mark Crispin)
Re: My Space Sues Colorado Man for Spamming (John Levine)
Re: My Space Sues Colorado Man for Spamming (TELECOM Digest Editor)
Re: DA Wants to Restrict Pre-Paid Cell Phones (Rick Merrill)
Re: DA Wants to Restrict Pre-Paid Cell Phones (T)
Re: DA Wants to Restrict Pre-Paid Cell Phones (Robert Bonomi)
====== 25 years of TELECOM Digest -- Founded August 21, 1981 ======
Telecom and VOIP (Voice over Internet Protocol) Digest for the
Internet. All contents here are copyrighted by Patrick Townson and
the individual writers/correspondents. Articles may be used in other
journals or newsgroups, provided the writer's name and the Digest are
included in the fair use quote. By using -any name or email address-
included herein for -any- reason other than responding to an article
herein, you agree to pay a hundred dollars to the recipients of the
email.
===========================
Addresses herein are not to be added to any mailing list, nor to be
sold or given away without explicit written consent. Chain letters,
viruses, porn, spam, and miscellaneous junk are definitely unwelcome.
We must fight spam for the same reason we fight crime: not because we
are naive enough to believe that we will ever stamp it out, but because
we do not want the kind of world that results when no one stands
against crime. Geoffrey Welsh
===========================
See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest, and why not
support Net Freedom Now http://www.freepress.net/netfreedom .
----------------------------------------------------------------------
Date: Wed, 24 Jan 2007 22:13:14 -0500
From: Monty Solomon <monty@roscom.com>
Subject: AACS Decryption Code Released
AACS Decryption Code Released
by Ed Felten
Decryption software for AACS, the scheme used to encrypt content on
both next-gen DVD systems (HD-DVD and Blu-ray), was released recently
by an anonymous programmer called Muslix. His software, called
BackupHDDVD, is now available online. As shipped, it can decrypt
HD-DVDs (according to its author), but it could easily be adapted to
decrypt Blu-ray discs.
Commentary has been all over the map, with some calling this a
non-event and others seeing the death of AACS. Alex Halderman and I
have been thinking about this question, and we believe the right view
is that the software isn't a big deal by itself, but it is the first
step in the meltdown of AACS. We'll explain why in a series of blog
posts over the next several days.
Today I'll explain how the existing technology works: how AACS
encrypts the content on a disc, and what the BackupHDDVD software
does.
http://www.freedom-to-tinker.com/?p=1104
AACS: Extracting and Using Keys
http://www.freedom-to-tinker.com/?p=1106
AACS: Blacklisting, Oracles, and Traitor Tracing
http://www.freedom-to-tinker.com/?p=1107
AACS: Game Theory of Blacklisting
http://www.freedom-to-tinker.com/?p=1108
AACS: Title Keys Start Leaking
http://www.freedom-to-tinker.com/?p=1109
AACS: Sequence Keys and Tracing
http://www.freedom-to-tinker.com/?p=1110
AACS: Modeling the Battle
http://www.freedom-to-tinker.com/?p=1111
------------------------------
Date: Wed, 24 Jan 2007 22:43:41 -0500
From: Monty Solomon <monty@roscom.com>
Subject: Cisco IOS is Affected by Multiple Vulnerabilities
National Cyber Alert System
Technical Cyber Security Alert TA07-024A
Cisco IOS is Affected by Multiple Vulnerabilities
Original release date: January 24, 2007
Last revised: --
Source: US-CERT
Systems Affected
* Cisco network devices running IOS in various configurations
Overview
Several vulnerabilities have been discovered in Cisco's Internet
Operating System (IOS). A remote attacker may be able to execute
arbitrary code on an affected device, cause an affected device to
reload the operating system, or cause other types of denial of
service.
I. Description
Cisco has published three advisories describing flaws in IOS with
various security impacts, the most serious of which could allow a
remote attacker to execute arbitrary code on an affected system.
Further details are available in the following vulnerability notes:
VU#217912 - Cisco IOS fails to properly process TCP packets
The Cisco IOS Transmission Control Protocol listener in certain
versions of Cisco IOS software contains a memory leak. This
memory leak may allow an attacker to create a denial-of-service
condition.
VU#341288 - Cisco IOS fails to properly prcoess certain packets
containing a crafted IP option
A vulnerability exists in the way Cisco IOS processes a number of
different types of IPv4 packets containing a specially crafted IP
option. Successful exploitation of this vulnerability may allow
an attacker to execute arbitrary code on an affected device or
create a denial-of-service condition
VU#274760 - Cisco IOS fails to properly process specially crafted IPv6
packets
Cisco IOS fails to properly process IPv6 packets with specially
crafted routing headers. Successful exploitation of this
vulnerability may allow an attacker to execute arbitrary code on an
affected device or create a denial-of-service condition.
II. Impact
Although the resulting impacts of these three vulnerabilities is
slightly different, in the case of VU#341288 and VU#274760, a
remote attacker could cause an affected device to reload the
operating system. In some cases, this creates a secondary
denial-of-service condition because packets are not forwarded
through the affected device while it is reloading. Repeated
exploitation of these vulnerabilites may result in a sustained
denial-of-service condition.
Because devices running IOS may transmit traffic for a number of
other networks, the secondary impacts of a denial of service may be
severe.
Also in the case of VU#341288 and VU#274760, successful
exploitation may allow a remote attacker to execute arbitrary code
on an affected device.
III. Solution
Upgrade to a fixed version of IOS
Cisco has updated versions of its IOS software to address these
vulnerabilities. Please refer to the "Software Versions and Fixes"
sections of the Cisco Security Advisories listed in the References
section of this document for more information on upgrading.
Workaround
Cisco has also published practical workarounds for these
vulnerabilities. Please refer to the "Workarounds" section of each
Cisco Security Advisory listed in the References section of this
document for more information.
Sites that are unable to install an upgraded version of IOS are
encouraged to implement these workarounds.
IV. References
* US-CERT Vulnerability Note VU#217912 -
<http://www.kb.cert.org/vuls/id/217912>
* US-CERT Vulnerability Note VU#341288 -
<http://www.kb.cert.org/vuls/id/341288>
* US-CERT Vulnerability Note VU#274760 -
<http://www.kb.cert.org/vuls/id/274760>
* Cisco Security Advisory: Crafted TCP Packet Can Cause Denial of
Service -
<http://www.cisco.com/warp/public/707/cisco-sa-20070124-crafted-tc
p.shtml>
* Cisco Security Advisory: Crafted IP Option Vulnerability -
<http://www.cisco.com/warp/public/707/cisco-sa-20070124-crafted-ip
-option.shtml>
* Cisco Security Advisory: Cisco Security Advisory: IPv6 Routing
Header Vulnerability -
<http://www.cisco.com/warp/public/707/cisco-sa-20070124-IOS-IPv6.s
html>
The most recent version of this document can be found at:
<http://www.us-cert.gov/cas/techalerts/TA07-024A.html>
Feedback can be directed to US-CERT Technical Staff. Please send
email to <cert@cert.org> with "TA07-024A Feedback VU#217912" in the
Produced 2007 by US-CERT, a government organization.
Terms of use:
<http://www.us-cert.gov/legal.html>
------------------------------
Subject: CommunicationsDirect News Daily Update - January 25, 2007
From: communicationsdirect_daily <communicationsdirect_daily@commdirect.com>
Reply-To: communicationsdirect_daily-owner@communicationsdirectnews.com
Date: Thu, 25 Jan 2007 11:24:56 EST
********************************
PricewaterhouseCoopers Presents
The CommunicationsDirect Daily Update
For January 25, 2007
********************************
Cingular's Outstanding Last Quarter Before AT&T Mobility Calls
http://www.communicationsdirectnews.com/do.php/120/22314?11228
In a set of outstanding figures for the fourth quarter of 2006 -
the last quarter in which Cingular Wireless reports before
becoming AT&T Mobility-Cingular's results indicate the company is
in a strong position as it moves into the next phase of its
existence. Total revenues of US$9.8 billion for the fourth
quarter were up ...
Leading Change: Why Transformation Efforts Fail
http://www.communicationsdirectnews.com/do.php/120/22308?11228
Businesses hoping to survive over the long term will have to
remake themselves into better competitors at least once along the
way. These efforts have gone under many banners: total quality
management, reengineering, rightsizing, restructuring, cultural
change, and turnarounds, to name a ...
Nokia 4Q Profits Rise on Growing Sales
http://www.communicationsdirectnews.com/do.php/120/22307?11228
HELSINKI, Finland -- World-leading mobile phone maker Nokia Corp.
said Thursday that its profits jumped 19 percent on growing sales
in the fourth quarter, beating market expectations and sending
shares soaring. Net profit came to E1.27 billion (US$1.65
billion), up from E1.07 billion in the fourth quarter of
2005. Quarterly ...
Cbeyond Adds Converged E-Mail Package To Base Offering
http://www.communicationsdirectnews.com/do.php/140/22303?11228
Cbeyond Inc., a managed-services and VoIP provider to small
businesses, says its new integrated voice-mail service merges a
company's mobile and landline voice messaging into one
easy-to-access voice mailbox. In addition, this new offering
includes a unified messaging feature that allows customers to access
and manage their ...
RGB & EGT Go to the Edge
http://www.communicationsdirectnews.com/do.php/140/22299?11228
With the cable industry increasingly obsessed with delivering
advanced video services, RGB Networks Inc. and EGT Inc. are both
bringing out new network edge products to help MSOs process all
the different services and content elements. RGB is arguably
taking the bigger step, debuting a new edge QAM video modulator
at the Society of ...
The Perils of Being Slim
http://www.communicationsdirectnews.com/do.php/150/22296?11228
Even by the standards of the volatile mobile handset business,
the disastrous turnaround at Motorola Inc. -- which saw its
profits fall 48 percent in the most recent quarter -- is
remarkable. On a two-year roll after the 2004 release of the
popular RAZR device, which changed design standards for
cellphones, Motorola saw its ...
As US Retail VoIP Grows Quickly, Wholesale VoIP Follows Suit
http://www.communicationsdirectnews.com/do.php/120/22293?11228
SCOTTSDALE, Ariz. -- The US market for VoIP advanced dramatically
in 2006, adding 3.8 million VoIP households in 2006, reports
In-Stat. As a result, wholesale VoIP revenues are growing
quickly, as MSOs, Skype, and a myriad of new entrants-most
lacking network facilities-enter the market and drive demand for
telephony features and ...
Your feedback on our e-letter is always welcome. Send email to:
CommunicationsDirect Editor <telecom_direct_editor@us.pwc.com>
Copyright (C) 2007 PricewaterhouseCoopers.
------------------------------
Date: Thu, 25 Jan 2007 12:06:35 CST
From: USTelecom dailyLead <ustelecom@dailylead.com>
Subject: AT&T Reports 17% Increase in Fourth-Quarter Profit
USTelecom dailyLead
January 25, 2007
http://r.smartbrief.com/resp/gbmIfDtusXleujCibuddyxuu
TODAY'S HEADLINES
NEWS OF THE DAY
* AT&T reports 17% increase in fourth-quarter profit
BUSINESS & INDUSTRY WATCH
* Verizon rolls FiOS to New Jersey customers
* Judge OKs request to delay Adelphia's plan to exit bankruptcy
* Cable industry moves to address bandwidth crunch
TECHNOLOGY TRENDS
* Murdoch's big plans for the Web
* Basic cell phones can take on PDA tasks
* SMS novel published in Finland
REGULATORY & LEGISLATIVE
* FiOS, satellite trigger cable deregulation
* Statewide cable franchise on Ga. House agenda
Follow the link below to read quick summaries of these stories and others.
http://r.smartbrief.com/resp/gbmIfDtusXleujCibuddyxuu
Legal and Privacy information at http://www.dailylead.com/about/privacy_leg=
al.jsp
SmartBrief, Inc.
1100 H ST NW, Suite 1000
Washington, DC 20005=A0
------------------------------
From: Neal McLain <nmclain@annsgarden.com>
Subject: Re: Cable, HDTV and Must-Carry
Reply-To: nmclain@annsgarden.com
Date: Thu, 25 Jan 2007 08:33:10 -0500
Rick Merrill <rick0.merrill@NOSPAM.gmail.com> wrote:
> The over air stations that cable TV carries as part of "Basic
> Service" also broadcast HDTV signals (unencrypted) that should
> according to the FCC regs be carried as part of "Basic Service"
> in-the-clear by Comcast. U agree or not?
> - RM
Not.
I assume that:
- By "HDTV" you mean either 1080i or 720p.
- By "in the clear" you mean that the CATV company delivers to each
subscriber an exact digital replica of the HTDV digital stream that
it receives from the station's transmitter.
- You are referring to the primary-channel DTV stream (not a
subchannel) of a "local commercial television station" (as defined
in 47 CFR 76.55(c)) which also transmits a simultaneous analog
signal.
Under these assumptions:
- Current FCC regulations applicable to mandatory carriage ("must-
carry") do not require a CATV to carry the HDTV stream, even
if said regulations require carriage of the analog signal.
- Carriage of the HDTV stream pursuant to a retransmission-
consent agreement between the station licensee and a CATV
is subject to the terms of the agreement, not FCC regulation.
http://www.fcc.gov/mb/engineering/digital.html
Given the history of the FCC's experience with must-carry, I can
understand its reticence. Historically, every must-carry rule that
the FCC has promulgated on its own motion (without specific
Congressional authority) has been swatted down by the courts.
The FCC's current must-carry rules were authorized by Congress, but
even then, they just barely survived court challenge. The case went
all the way to the Supreme Court, which upheld them in a fractured 5-4
decision.
http://supct.law.cornell.edu/supct/html/95-992.ZS.html
> c.f.
http://law.justia.com/us/cfr/title47/47-4.0.1.1.4.4.3.4.html
That URL points to 76.55 ("Definitions applicable to the must-carry
rules"), not to the actual rules. The actual rules are at 76.56
("Signal carriage obligations"). http://tinyurl.com/3asq85
> "Congress is monitoring the changes in the television
> and broadcast industry closely. In addition to watching
> the potential for debate surrounding FCC's must-carry
> rule, several representatives are hoping that broadcasters
> convert quickly, so they can auction off the spectrum now
> used for analog broadcasts. ..."
> - http://www.todaysengineer.org/2003/Feb/HDTV.asp
Congress is indeed "monitoring" the situation, but they don't seem to
be doing much about signal carriage rules.
Effective February 17, 2009, all full-power broadcast stations must
cease analog broadcasts and convert to digital exclusively. Under
current law, CATV companies will then be required to carry only the
primary-channel digital stream, but they will not be required to carry
subchannels.
The FCC is considering imposing mandatory carriage for all subchannels
("multicasting"), but it hasn't taken formal action.
http://tinyurl.com/2rb8gg
http://tinyurl.com/2rtg9t
Neal McLain
------------------------------
From: support@sellcom.com
Subject: Re: The Idea of Paid Entries Angers Wikipedia Publisher
Date: Thu, 25 Jan 2007 11:42:34 -0500
Organization: www.sellcom.com
Reply-To: support@sellcom.com
Brian Berstein, AP <ap@telecom-digest.org> said on that big USENET
thingie:
> The "free encyclopedia that anyone can edit" requires articles to have
> a "neutral point of view."
The staff of Wikipedia exercise strong censorship of views they do not
agree with. If you don't believe me, try posting anything negative
regarding the anti-commerce "commies" who run craigslist.
Steve
www.sellcom.com for firewood splitters, ergonomic chairs,
office phone systems, "non-mov" surge protection, Exabyte,
CA, Minuteman, Brave Products, Fisch, TMC, Panasonic and more
http://www.phonelabs.biz cellphone docking now here!
------------------------------
Date: Thu, 25 Jan 2007 17:15:47 -0500
From: Rick Merrill <rick0.merrill@NOSPAM.gmail.com>
Subject: Re: Robots Will Get Same Rights as Humans
hancock4@bbs.cpcn.com wrote:
> Sharon Gaudin wrote:
>> A report out of the U.K. contends that in about 50 years, robots will
>> be given the same rights as humans and even will be expected to vote
>> and pay taxes.
> Go back 50 years and look at some of the absurb stuff predicted about
> computers (then known as "electronic brains") then never came to pass
> nor ever will.
The Market Place is hard to predict.
> We have learned that while it is easy for computers to automate
> repetitive mundane tasks (like doing the payroll), it is far, far
> harder to automate subtle human thinking processes. For example,
> companies that use voice recognition to drive automated response
> systems are flooded with consumer complaints.
And so are the ones using "actual " humans!-)
> Computers can assist but cannot replace human abstract analytical
> observation, thinking, and decision making.
Sez you!
> Computers are ALWAYS locked into the pre-programmed selection; if an
> observation or decision is not on the pre-existing list, the
> computer simply can not and will not deal with it.
Not true: first of all No One knows what the computer will do in many
cases simply because so many people programmed it.
Second, AI is designed not to 'know' the answer but to search for it,
sometimes by trial and error.
> A human is required to handle them. When a business automates any
> process, it will be ok as long as it has a qualified human on
> standby for those unexpected unusual situations. The problem is
> today companies are so intent on cost-cutting they leave out the
> people.
> Thus, when I had to call an out of state Blue Cross agency I had
> trouble getting through since I was neither their subscriber or
> provider; the only two choices on the menu. It didn't occur to the
> programmer to accomodate reciprocal agreements with out of state
> agencies. (And people wonder why I'm a Luddite).
> What's funny about predicting future technology is that predictions
> not only mess up on what technology can do, they also miss
> technologies that do occur.
> I doubt in 1967 anyone would've predicted consumers would use Star
> Trek's computer diskettes or telephones only 25 years later, for
> example, and definitely not dirt cheap. They did predict widespread
> computer use, but via simple terminals (a la Touch Tone phone) to
> big central computers, not powerful individual computers. I don't
> think anyone predicted telephone long distance "too cheap to meter"
> like we have today. They expected a drop in cost but not so
> radical.
Good point.
------------------------------
From: T <nospam.kd1s@cox.nospam.net>
Subject: Re: Is Your Telephone AC Power Dependent?
Organization: The Ace Tomato and Cement Company
Date: Thu, 25 Jan 2007 20:10:35 -0500
In article <telecom26.25.9@telecom-digest.org>, nosmo_king58@yahoo.com
says:
> On Jan 22, 6:51 pm, T <nospam.k...@cox.nospam.net> wrote:
>> Around here they don't bother putting backup power at most cell sites.
>> When Nextel put one of their cell sites on the building we're in we
>> offered them a tap off our generator but they didn't want it.
> The typical power "board" for a cell site consists of an AC-to-DC
> rectifier system that changes the 240VAC commercial power to +24Vdc
> needed for the equipment. Almost always, a string of twelve 2V VRLA
> batteries is provided for backup. A common size for the battery string
> is 1040 Ah (Amp-hours). The actual back-up time is dependent upon the
> load being drawn by the cell site equipment, age/condition of the
> batteries, ambient temp inside the cell site, etc.
The funny thing is, the generator puts multi-phased 480VAC which means
you could tap off 240VAC no problem. Oh well -- constant vs. 12 hours.
------------------------------
From: Mark Crispin <MRC@cac.washington.edu>
Subject: Re: My Space Sues Colorado Man for Spamming
Date: Wed, 24 Jan 2007 17:18:55 -0800
Organization: Networks & Distributed Computing
On Tue, 23 Jan 2007, Mark Crispin replied to TELECOM Digest Editor
regards this subject:
> You know, Mark, it gets really irritating listening to you and the
> other spam enablers continually apologizing for ICANN's so-called
> limitations. And everything is always someone else's fault, which
> is the main reason spam/scam is at an all-time high on the net; the
> fact that spam enablers like yourself REFUSE to use realistic
> approaches to stopping it. Why don't you begin trying to work along
> with other netizens instead of continually throwing up road blocks
> everywhere? PAT]
The earmark of a crackpot is to accuse others of being "spam enablers".
You know nothing about what I have done (and do on an ongoing basis) to
fight spam. Yet you seem to have no compunction about flinging dung as if
you were a chimpanzee at the zoo.
It may give you emotional satisfaction, but all you accomplish is to make
people ignore you.
You should be glad that ICANN has no authority to do as you suggest. Not
long ago, Illinos District Court judge Charles Kocoras ruled that UK
anti-spam organization spamhaus.org was "under Illinois jurisdiction",
ordered Spamhaus to pay David Linhardt (a notorious Chicago spammer) $11.7
million, and actually considered ordering ICANN to pull Spamhaus' DNS
record. As ICANN stated in
http://www.icann.org/announcements/announcement-10oct06.htm
"Even if ICANN were properly brought before the court in this matter,
which ICANN has not been, ICANN cannot comply with any order requiring it
to suspend or place a client hold on Spamhaus.org or any specific domain
name because ICANN does not have either the ability or the authority to do
so. Only the Internet registrar with whom the registrant has a contractual
relationship -- and in certain instances the Internet registry -- can
suspend an individual domain name."
If matters were otherwise, you might have the people who you "last laugh"
turning around and getting court orders to have telecom-digest and/or
comp.dcom.telecom deleted.
Never, ever, overlook the Law Of Unintended Consequences.
-- Mark --
http://staff.washington.edu/mrc
Science does not emerge from voting, party politics, or public debate.
Si vis pacem, para bellum.
------------------------------
Date: 25 Jan 2007 04:25:22 -0000
From: John Levine <johnl@iecc.com>
Subject: Re: My Space Sues Colorado Man for Spamming
Responding to Mark Crispin:
> envision? ICANN is the "Internet Corporation for Assigned Names and
> Numbers"; it is a registrar. They have no control over who is connected
> to the Internet. Nor do they have any control over IP address
> allocations; that is done by IANA, not ICANN.
Um, who do you think IANA is these days?
> ICANN operates the root DNS servers
Nope. ICANN operates one root server. The other roots are operated
by volunteers who can do whatever they want. So far what they want
has agreed with what ICANN has asked them to do, but as you note, it
is far from guaranteed.
> the US Department of Commerce says. They do, however, accept ICANN's
> management of the root; and obtained ICANN delegation for the .CU, .IR,
> and .KP domains respectively.
Actually, .KP isn't delegated. But .CU and .IR certainly are, and I
know at least one Iranian who regularly attends ICANN meetings.
Pat groused:
> You know, Mark, it gets really irritating listening to you and the
> other spam enablers continually apologizing for ICANN's so-called
> limitations.
Having dealt with ICANN up close and personal, it is a good thing they
are so inept, because they might do some serious damage if they
weren't.
R's,
John
------------------------------
Subject: Re: My Space Sues Colorado Man for Spamming
Date: Wed, 24 Jan 2007 22:37:05 EST
From: ptownson@massis.lcs.mit.edu (TELECOM Digest Editor)
[TELECOM Digest Editor's Note: In this reply to Mark Crispin, I try to
address his concerns as per his article elsewhere in this issue. PAT]
From: Mark Crispin <MRC@cac.washington.edu>
Subject: Re: My Space Sues Colorado Man for Spamming
Date: Wed, 24 Jan 2007 17:18:55 -0800
Organization: Networks & Distributed Computing
On Tue, 23 Jan 2007, Mark Crispin wrote:
> You know, Mark, it gets really irritating listening to you and the
> other spam enablers continually apologizing for ICANN's so-called
> limitations. And everything is always someone else's fault, which
> is the main reason spam/scam is at an all-time high on the net; the
> fact that spam enablers like yourself REFUSE to use realistic
> approaches to stopping it. Why don't you begin trying to work along
> with other netizens instead of continually throwing up road blocks
> everywhere? PAT]
PAT replies: Actually, PAT appended to the original comment by Mark
Crispin, it was not 'Mark Crispin wrote'.
You know nothing about what I have done (and do on an ongoing
basis) to fight spam. Yet you seem to have no compunction
about flinging dung as if you were a chimpanzee at the zoo.
PAT Replies: Anyone can Google anyone else. Googling tells me quite a bit about
you. Try Googling either myself and/or TELECOM Digest to see how long I
have been in business.
It may give you emotional satisfaction, but all you accomplish
is to make people ignore you.
PAT Replies: Well, I dunno ... you don't ignore me; in fact you
frequently respond to me.
You should be glad that ICANN has no authority to do as you
suggest. Not long ago, Illinos District Court judge
Charles Kocoras ruled that UK anti-spam organization
spamhaus.org was "under Illinois jurisdiction",
ordered Spamhaus to pay David Linhardt (a notorious
Chicago spammer) $11.7 million, and actually
considered ordering ICANN to pull Spamhaus' DNS
record. As ICANN stated in
http://www.icann.org/announcements/announcement-10oct06.htm
"Even if ICANN were properly brought before the court in this
matter, which ICANN has not been, ICANN cannot comply with any
order requiring it to suspend or place a client hold on
Spamhaus.org or any specific domain name because ICANN does
not have either the ability or the authority to do so. Only
the Internet registrar with whom the registrant has a
contractual relationship - and in certain instances the
Internet registry - can suspend an individual domain name."
PAT replies: I am aware of that case, and if David Lindhardt had been
a bit more sophisticated, -- (and do not misunderstand; I am glad he
knows very little) -- his next step, after receiving that kind of
response from ICANN would have been to go to Chancery Court -- a court
of equity and a place where one goes to obtain 'special remedies'. If
*I* were David Lindhardt, with judgment in hand, I would have
petitioned the court to place ICANN in receivership; a limited
receivership for the purpose of supervising the employees of ICANN, to
assure they followed the orders of the court.
If ICANN claimed they were -unwilling- to obey the court's order, they
would have been required to do so. If ICANN claimed they were -unable
technically- to obey the court's order, then an examination of their
books and records and technical practices would have been in order.
(This works sort of like 'extradition'. In a criminal case, if the
person comes along quietly, then no extradition is required. If the
accused refuses to come along quietly, then an appeal is made to the
governor of his state; if the governor agrees with your request then
the person still comes along with you. Of course the distant governor
_may_ refuse to send the party along. But you know what? I have never
seen that happen. Politicians and judges are too busy sucking up to
each other to refuse to sign off on an extradition, and they would not
want the same thing to happen to them, so they go with the
request. The process of having one state interject itself into another
state's matters in a civil case is sort of handled the same
way. ICANN probably would refuse voluntary intrusion by a state court
in another jurisdiction, but then all the news reporters would start
stirring up the pot [i.e. why are they hiding from the law, etc], or
as the lady who runs our local jailhouse here in Independence once
said to me, "no one likes an asshole"; so to keep the stench down,
ICANN would probably consent to volutarily being audited by a
receiever. Either that, or deal legally with why they should not be
thus treated for many months/years after it would otherwise be a dead
issue.)
Anyhow, ICANN imposes upon the registrars, do they not? And in those
contracts which impose upon the registrars, there are certain
provisions; what about a provision which allows ICANN to cease doing
business at any time for any reason with any registrar or customers of
that registrar? PUT IT IN THE CONTRACT and/or ANY REVISIONS OF THE
CONTRACT.
Plenty of us who know a few things on this topic would be glad to say
that ICANN's relationship with the registrars is to collect money on a
per-capita basis from each customer of the registrar. So ICANN can
'force' any registrar to do ICANN's bidding; in this instance, ICANN
has been instructed by the court to attend to all technical details to
assure the removal of Spamhaus' entry. The 'receiver' will supervise
all that.
In some jurisdictions, those people employed by the court to attend to
its business are not called 'Receivers', but rather 'Masters' or
'Special Masters' of a given proceeding then in progress. These
'masters' or 'receivers' are experts in their field of endeavor, they
are usually skilled auditors (in situations where the winner of a
lawsuit asks for money but the losing party refuses to pay it; the
'receiver' knows exactly where to look for the money) where a 'master'
tends to be more technically competent. In this instance the 'master'
probably would know the internet inside and out (more so than just
your average state court judge). Its one thing to (like ICANN) sit on the
side out in California or somewhere and claim 'it cannot be done' and
a totally different thing to have an expert (the court's 'master')
examine your computers, your files, the contract people sign, etc, and
report his/her findings back directly to the court. Believe me, you do
NOT want a 'receiver' or a 'master' appointed by the court to be
snooping around your business because of your recalcitrance to obey
the orders of the court.
Remember, a 'receiver' is appointed in Chancery Court. As the winner
in a lawsuit, the loser has stalled you in making good. You take your
paperwork and go to Chancery and ask that judge to apply a 'special
remedy'. ("Judge X gave me a judgment for Z dollars, in an effort to
avoid payment of the judgment, the defendant took all the money out of
the bank and secreted the money on his person or wherever.") That is
how those 'special remedy' requests are usually phrased.
If the Chancery judge agrees with you, then you will get the
special remedy. That is what Lindhardt _should_ have done; IMO he gave
up to easily, but then, he is just a dumb spammer.
If matters were otherwise, you might have the people who you
"last laugh" turning around and getting court orders to have
telecom-digest and/or comp.dcom.telecom deleted.
Never, ever, overlook the Law Of Unintended Consequences.
-- Mark --
http://staff.washington.edu/mrc
Science does not emerge from voting, party politics, or public debate.
Si vis pacem, para bellum.
PAT replies: Certainly, the Law of Unintended Consequences is or can
be a very severe law, but you are mixing apples and oranges here. In
my Last Laugh I editorially mock certain individuals or companies, and
my free speech is or should be inviolate. Editorial 'free speech' is
given far greater latitude than 'commercial speech' which is what
Mr. Lindhardt is or was attempting to employ. Commercial speech does
not get quite the freedom given to Editorial Speech. I mean, you knew
that, right? I frankly cannot see any successful attempts to close
down Telecom Digest since the total context of the speech is so much
different. Someone could _try_ to close telecom on the basis of not
liking the speech being given, but I cannot see them actually being
successful at it. On the other hand, the commercial speeches given by
Lindhardt (and others of his ilk) have been seriously considered for
censoring. How he got as far as he did with it (an actual judgment in
hand ordering payment from Spamhaus) is a mystery to me. The actual
collection or implementation of the judgment thus obtained is a
different matter altogther however; it can be done as I explained
above.
Do you recall the case a few months ago in Brazil where the young
couple went to the court to complain about personal photographs of
the lady making their way to MySpace? Judge ordered the pictures
removed, My Space failed to comply. So the young couple went to the
essence of 'special remedies' in that country and got the judge to
order all telcos in Brazil to quit handling any/all MySpace traffic
in or our of Brazil. There is more than one way to skin a cat, as
the saying goes.
PAT
------------------------------
Date: Wed, 24 Jan 2007 19:55:50 -0500
From: Rick Merrill <rick0.merrill@NOSPAM.gmail.com>
Subject: Re: DA Wants to Restrict Pre-Paid Cell Phones
hancock4@bbs.cpcn.com wrote:
> The Montgomery County, PA (suburb of Philadelphia) district attorney
> wants to restrict pre-paid cell phones.
> I find this idea very troubling, kind of Big Brother. Does anyone
> agree with the DA?
> "To get a prepaid phone, all you have to do is plunk down your cash
> and walk out of the store -- no paperwork necessary. Castor says
> that's a problem for his detectives because they can't track down the
> owner of the phone."
> For full story please see:
> http://www.kyw1060.com/pages/189133.php?contentType=4&contentId=294741
> [public replies please]
> [TELECOM Digest Editor's Note: Actually, the way the DA would search
> for such a person would be the same way he located anyone else; he
> would subpoena the sales records. He would ask the seller of the
> phone to produce the record of whom the phone was sold to, the
> 'mystery caller' as it were. Ditto for any 'non-stationary' phone.
> Now, granted, the buyer may have plunked down cash and given a
> false ID for the purchase, but I am sure many buyers also used
> credit cards or a check. The DA also might try dialing the number
> under some pretense and seeing what he can find out that way. PAT]
Untraceable phones should be outlawed. These are what the bombers
use for placing calls and for detonation.
------------------------------
From: T <nospam.kd1s@cox.nospam.net>
Subject: Re: DA Wants to Restrict Pre-Paid Cell Phones
Organization: The Ace Tomato and Cement Company
Date: Thu, 25 Jan 2007 20:12:15 -0500
In article <telecom26.25.2@telecom-digest.org>, hancock4@bbs.cpcn.com
says:
> The Montgomery County, PA (suburb of Philadelphia) district attorney
> wants to restrict pre-paid cell phones.
> I find this idea very troubling, kind of Big Brother. Does anyone
> agree with the DA?
> "To get a prepaid phone, all you have to do is plunk down your cash
> and walk out of the store -- no paperwork necessary. Castor says
> that's a problem for his detectives because they can't track down the
> owner of the phone."
> For full story please see:
> http://www.kyw1060.com/pages/189133.php?contentType=4&contentId=294741
> [public replies please]
> [TELECOM Digest Editor's Note: Actually, the way the DA would search
> for such a person would be the same way he located anyone else; he
> would subpoena the sales records. He would ask the seller of the
> phone to produce the record of whom the phone was sold to, the
> 'mystery caller' as it were. Ditto for any 'non-stationary' phone.
> Now, granted, the buyer may have plunked down cash and given a
> false ID for the purchase, but I am sure many buyers also used
> credit cards or a check. The DA also might try dialing the number
> under some pretense and seeing what he can find out that way. PAT]
Yes, but you can do cash for the whole thing. For example, friend of mine
buys pre-paid cell phones off ebay. Then he gives them out to friends
and they can buy fill up minutes.
No trace.
------------------------------
From: bonomi@host122.r-bonomi.com (Robert Bonomi)
Subject: Re: DA Wants to Restrict Pre-Paid Cell Phones
Date: Thu, 25 Jan 2007 05:11:09 -0000
Organization: Widgets, Inc.
In article <telecom26.25.2@telecom-digest.org>, <hancock4@bbs.cpcn.com> wrote:
> The Montgomery County, PA (suburb of Philadelphia) district attorney
> wants to restrict pre-paid cell phones.
> I find this idea very troubling, kind of Big Brother. Does anyone
> agree with the DA?
> "To get a prepaid phone, all you have to do is plunk down your cash
> and walk out of the store -- no paperwork necessary. Castor says
> that's a problem for his detectives because they can't track down the
> owner of the phone."
> For full story please see:
> http://www.kyw1060.com/pages/189133.php?contentType=4&contentId=294741
> [public replies please]
> [TELECOM Digest Editor's Note: Actually, the way the DA would search
> for such a person would be the same way he located anyone else; he
> would subpoena the sales records. He would ask the seller of the
> phone to produce the record of whom the phone was sold to, the
> 'mystery caller' as it were. Ditto for any 'non-stationary' phone.
> Now, granted, the buyer may have plunked down cash and given a
> false ID for the purchase, but I am sure many buyers also used
> credit cards or a check.
*SNICKER*
When was the last time you had to show ID to purchase anything
(alcoholic beverages excluded) using cash, at Wall-mart, Best Buy, or
your favorite grocery store?
There _aren't_ any records of "who" the phone was sold to to be
produced. Just like the grocery stores *could*not* produce a list of
who had recently bought Tylenol`when the poison-tainted product was
discovered on the shelves a number of years ago. _OR_ who had bought
'suspect' produce in the recent "e. coli" scares.
The retailer simply _doesn't_ collect that information.
That lack of _any_ data (not to mention 'reliable' data) on the
purchaser's identity is =exactly= what the above-mentioned DA is
complaining about.
> The DA also might try dialing the number under some pretense and
> seeing what he can find out that way. PAT]
_That_ has been proven to be practical and effective in some
circumstances. Unfortunately, newspaper, and especially TV, reporters
have written about the kind of techniques law-enforcement has used to
"social-engineer" such types into revealing themselves, and, as a
result, those who even watch TV don't fall for that approach any more.
[TELECOM Digest Editor's Note: As a matter of fact, I went to my local
drugstore here in Independence a few months ago, and looked on the
shelves where the cold remedies are found. A sign on the shelf said
that "Brand X (I forget which one I bought) is no longer on the shelves.
Manufacturer has chosen to _not_ change its formulary, so under state
law it is now available only from the pharmacist." I went over
there to get it, and I had to sign the 'dangerous drug' registry. And
if one bought 'too much' of it in one haul, eyebrows would be raised.
Now I grant you I could have scribbled 'Smith' or 'Jones' and taken a
couple bottles of it, I suppose. And Walmart *is* sort of itchy these
days about people buying large quantities of pre-paid phones, as per
the news item from Detroit about a month ago. I was trying to suggest
that the day may be coming that whether purchased by *cash* or by some
method where an audit trail is available, stores will be required to
account for their sales, the same as drug stores have to do now where
the ingredients _which could be used_ to make meth are concerned. PAT]
------------------------------
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