Judge Kozinski Responds

[Jim Ray <liberty@gate.net>]

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To: cypherpunks@toad.com
Date: Mon Sep 16 17:18:36 1996
cypherpunks:

I have been having a private e-mail conversation with Judge Alex Kozinski of 
the 9th circuit. Today he said:

>Jim:  Feel free to clarify my position to your comrades
>(excuse the term) if you think it will be useful.  I guess
>I'll keep thinking about this stuff and may change my mind
>on some things.

...

In a previous message to me in response to cypherpunks messages mentioning 
him which I forwarded, he said:

>The statement about anonymous remailers was largely
>accurate.  I'm not sure that the fact that you (or some of
>your associates) are willing to block people from getting
>anonymous mail is a sufficient safeguard.  Some may not be,
>and it only takes one or two who do not adhere to the code
>to make life miserable for the rest of us.
>
>We agree about the need for privacy, but I'm not at all sure
>why the right to send messages anonymously trumps the
>recipient's right to know who's addressing him.  Getting an
>anonymous message--even one that is not harassing or
>threatening--is an invasion of my privacy.  As for

Me:
[Please note, this statement caused me to block his address from WinSock 
messages, but _NO_ I will not give you his e-mail address, so please do not 
ask me to unless I _know_ you are a remailer-operator, and you send me a 
PGPmessage including your key and asking for it for blocking reasons ONLY. 
So far, nobody has been stupid enough to try to use the remailers to harass 
him. I DON'T want this man harassed, and having him understand "our" point 
of view will be a "big cypherpunk win"(tm) IMNSHO, so please trust me to 
represent you fairly. Thanks.]
On with the Judge:

>Halloween, it only really works when the people dressed up
>are about four feet tall.  In the rare instances where there
>have been adults at my door that were so disguised you
>couldn't tell who they were, I felt threatened--kept my
>Glock handy before opening door.
>
>The quote about morphed children's images was sort of
>botched, as was my assessment of the Third Circuit's case.
>What I said about children is that morphed images did not
>involve normal exploitation of children so it would not
>clearly fall in the unprotected category, but that there may
>be other harms I'd have to think about before deciding.
>As for the Third Circuit's opinion, I said at the outset
>they got it right in the bottom line; what I criticized was
>their use of analogies to deal with the problem.  I find
>that much thinking about the net is analogy-driven and that
>analogies are inherently imprecise and can be misleading.
>
>Anyway, thanx for bearing with me.  There's a lot of this
>stuff I have not made up my mind about and I find talking
>about it helps shape my thinking.

Folks, we have a chance to win or lose, depending on list.maturity and 
common sense. If this man is harassed, convincing him will become harder for 
me, and I will be very annoyed. If you make a coherent comment that covers 
ground that I have not already covered with him, I will forward it on to 
him. Alex Kozinski is IMO, by far, the closest thing to a libertarian that 
Reagan ever appointed, and in both messages he has mentioned having an open 
mind. Let's try not to give him a reason to close it. Thanks for trusting 
me, and thanks in advance for behaving nicely and respecting the judge's 
privacy.
JMR


Regards, Jim Ray -- DNRC Minister of Encryption Advocacy

"As govt.s grow arithmetically, corruption grows exponentially."
 -- Ray's Law of official corruption.

 Defeat the Duopoly!             Stop the Browne out.
 Harry Browne for President. Jo Jorgensen for Vice-president.
 http://www.HarryBrowne96.org/   http://www.twr.com/stbo
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