[102860] in Cypherpunks
bill soper & brains
daemon@ATHENA.MIT.EDU (bill payne)
Wed Sep 16 22:12:59 1998
Date: Wed, 16 Sep 1998 19:26:10 -0600
From: bill payne <billp@nmol.com>
To: underwood@whitman.edu
CC: vhardy@detroit.bozell.com, senator_mccain@mccain.senate.gov,
grassley <chuck_grassley@grassley.senate.gov>,
cynthia mckinney <CYMCK@mail.house.gov>, vicepresident@whitehouse.gov,
jim logan <jd@metriguard.com>, kay surles <ksurles@wsu.edu>,
mel davidson - physics <davidson@newton.physics.wwu.edu>,
davidson@wwu.edu, jallen@metriguard.com, lairve@completebbs.com,
dpcintrn@osd.pentagon.mil, abumujahid@taliban.com, nmir@usa.net,
wpi@wpiran.org, abd@cdt.org, merata@pearl.sums.ac.ir,
lawya@lucs-01.novell.leeds.ac.uk, sjmz@hplb.hpl.hp.com,
cypherpunks@toad.com, ukcrypto@maillist.ox.ac.uk
Reply-To: bill payne <billp@nmol.com>
This is a multi-part message in MIME format.
--------------6D222EA2653F
Content-Type: text/plain; charset=iso-8859-1
Content-Transfer-Encoding: 8bit
Wednesday 9/16/98 6:56 PM
Underwood
More than 40 years ago Armand [bunky] Larive, I, and others took
history of philosphy from bill soper.
Laivre is an an episcopal priest in Pullman now.
http://www.web-x.com/wazzu.net/restaurantguide/index.html
I don't see sopher listed in the faculty directory.
http://people.whitman.edu/faculty_homepages.html
Sopher invited an attractive articulate lady from the B'Hai religion
to lecture our class.
The LADY put forth an argument on why we should all believe.
In the next lecture Soper, as a philospher should, went into
every detail why her arguments were falacious.
The contemplation of things as they are,
without error or confusion,
without substitution or imposture,
is in itself a nobler thing than a whole harvest of invention.
Francis Bacon
I think Lairve was present at the lecture and analysis.
I PROFITED FROM YOUR differential equations AND
elementary mathematics from an advanced standpoint courses.
But this has been about 40 years ago.
I still have the books used in your classes.
And my education at Whitman.
Then, too, I profited from Zirakzaheh's higher alegraba course in the
summer of 1958 at U Colorado.
Let's hope this gets settled before someone gets NUKED.
We know these guys. http://www.wpiran.org/ http://www.taliban.com/
http://www.netlink.co.uk/users/impact/namir/namirm.html
And we SPECULATE that they are NOT HAPPY ABOUT WHAT HAPPENED.
bill
----
Subject:
Politicians, lawyers, and crypto
Date:
Wed, 16 Sep 1998 16:50:15 -0600
From:
bill payne <billp@nmol.com>
To:
john_ashcroft@ashcroft.senate.gov
Subject:
Politicians, lawyers, and crypto
Date:
Wed, 16 Sep 1998 16:48:32 -0600
From:
bill payne <billp@nmol.com>
To:
senator_leahy@leahy.senate.gov, conrad_burns@burns.senate.gov
Subject:
Politicians, lawyers, and crypto
Date:
Wed, 16 Sep 1998 16:46:11 -0600
From:
bill payne <billp@nmol.com>
To:
john_kerry@kerry.senate.gov
Subject:
Politicians, lawyers, and crypto
Date:
Wed, 16 Sep 1998 16:44:26 -0600
From:
bill payne <billp@nmol.com>
To:
info@kyl.senate.gov
CC:
senator_mccain@mccain.senate.gov, grassley
<chuck_grassley@grassley.senate.gov>, cynthia mckinney
<CYMCK@mail.house.gov>
Kyl
I am reading http://www.cdt.org/crypto/jonkyl.html
Please help get this MESS settled.
bill
----
Subject:
crypto nonsense
Date:
Wed, 16 Sep 1998 16:38:25 -0600
From:
bill payne <billp@nmol.com>
To:
abd@cdt.org, info@cdt.org, webmaster@cdt.org
CHRYSLER AWARD NOMINATION STATEMENT
9/16/9812:50 PM
American forefathers drafted the Constitution and laws of our country
shortly after having suffered injustice.
Fresh in their minds were strategies used by their oppressors. Writers
of the Constitution and laws anticipated
ways to subvert our system. Therefore, our forefathers designed
safeguards into our legal system to prevent
future injustice.
But these safeguards DON’T appear to be working today.
Morales and Payne designed a strategy using the National Security Agency
[NSA], Sandia National
Laboratories, the US Federal Court System, and publication on Internet
to illustrate how the US government
has deteriorated.
Arthur Morales WAS a supervisor at Sandia Labs in 1991. Morales and
Manuel Garcia organized a class
action lawsuit on behalf of Hispanics against Sandia.
Sandia settled Morales’ and Garcia’s lawsuit. Department of Energy
acknowledged from Freedom of
Information Act [FOIA] requests that as of December 31, 1995 Morales
cost Sandia $567,137 in legal fees.
Sandia retaliated against Morales. Morales sued Sandia in New Mexico
District Court. Morales lost.
William Payne wrote a technical report describing ‘deficiencies’ in
NSA’s cryptographic algorithms
http://jya.com/da/whpda.htm. Sandia transferred Payne to break
electronics locks for the Federal Bureau of
Invesitgation [FBI]. Payne refused to do illegal work.
http://www.jya.com/whp1.htm.
Payne sued Sandia in Federal Court. Payne lost and court records were
sealed.
FBI agent Bernardo Perez led a class action lawsuit against the FBI for
race discrimination against Hispanic
FBI agents. http://www.usdoj.gov/osg/1995/w951482w.txt
Perez won. Perez was assigned agent-in-charge of the FBI in Albuquerque
for settlement. But Perez lost
money.
Morales and Payne learned that the FBI extorted an inexpensive
settlement from Perez by telling Perez that the FBI was GUARANTEED to
win on appeal in Federal Circuit.
With Perez’ and others knowledge of circuit courts, Morales and Payne
appealed their respective cases pro se
to the Tenth Circuit.
In Payne’s case Sandia failed to submit its Brief of the Appellees on
time. Then falsified its certificate of
service when Payne filed to remand.
In Morales’ case Sandia submitted a deficient Brief of the Appellees
which was returned but failed to serve
Morales with its brief.
Payne and Morales both won at the Tenth Circuit on technicalities. But
judges awarded the wins to Sandia.
All attempts by Morales and Payne to get copies of the docket for their
respective Tenth Circuit cases failed.
Therefore, Morales and Payne hatched a plan to get the dockets and
expose government misconduct.
Payne previously made FOIA requests to NSA for copies of messages and
translations given to
Iraq during the Iraq/Iran war, copies of Libyan messages intercepted by
NSA, and NSA cryptographic
algorithms Payne thought contained deficiencies.
Morales and Payne sued NSA pro se for the documents. Lawsuit progress
was broadcast on Internet through e-
mail and
http://www.aci.net/kalliste/speccoll.htm
http://jya.com/whpfiles.htm
And Payne wrote
Black and White Test of Cryptographic Algorithms
criticizing the US government’s crypto contest. http://zolatimes.com.
Morales and Payne FINALLY got copies of dockets from their respective
cases from the Tenth
Circuit using Internet as an innovative tool.
/\/\/\/\/\/\
Date: Wed, 09 Sep 1998 11:08:39 -0700
From: The Electronic Zola <ezola@lfcity.com>
To: biru
Subject: Re: Interested LATER?
Hi Biru,
> In
>
> Non-random Cryptographic Keys Defeat Key Escrow
>
> I will introduce, by example, readers to deBruijn diagrams and
> statistical tests.
> Both will be related to random number and pseudorandom number
> generation.
Sounds good to us.
We know mathematics scares our readers. But some of our
editors like it just fine. And we don't care much for
the Great Satan around here.
Cheers,
Z
---
I am not reading e-mail.
--------------6D222EA2653F
Content-Type: text/plain; charset=us-ascii; name="ed1.txt"
Content-Transfer-Encoding: 7bit
Content-Disposition: inline; filename="ed1.txt"
Tuesday July 16, 1996 06:25
Certified, Return receipt requested
Harry T. Edwards
Chief judge, D.C. Circuit
U.S. Courthouse
333 Constitution Ave, NW
Washington, D.C. 20001
202-273-0380
0119 fax
Dear judge Edwards:
Purpose of this letter is to file criminal complaint affidavits
against,
1 Department of Justice lawyer David M. Glass,
2 Sandia National Laboratories lawyer Harold L. Folley,
3 Sandia National Laboratories department manager C.
William Childers,
3 Sandia National Laboratories supervisor James. R.
Gosler.
Rule 3 of the Federal Rules of Criminal Procedure, entitled the
Complaint provides:
The complaint is a written statement of the essential facts
constituting the offense charged. It shall be made upon oath
before a magistrate.
As you may be aware,
An individual may "make a written complaint on oath before an
examining and committing magistrate, and obtain a warrant of
arrest." This is in conformity with the Federal Constitution,
and "consonant with the principles of natural justice and
personal liberty found in the common law."
[United States v Kilpatrick (1883, DC NC) 16G 765, 769]
You may also be aware,
A complaint though quite general in terms is valid if it
sufficiently apprises the defendant of the nature of the
offense with which he is charged.
[United States v Wood (1927, DC Tex) 26F2d 908, 910, affd
(CA5 Tex) 26 F2d 912.
And for your edification,
The commission of a crime must be shown by facts positively
stated. The oath or affirmation required is of facts and
not opinions or conclusion.
1
[United States ex rel. King v Gokey (1929, DC NY) 32 F2d
793, 794]
The complaint must be accompanied by an oath.
[Re Rules of Court (1877, CC Ga) 3 Woods 502, F Cas No
12126]
A complaint must be sworn to before a commissioner or other
officer empowered to commit persons charged with offenses
against the United States.
[United States v Bierley ( 1971, WD Pa) 331 F Supp 1182]
Such office is now called a magistrate.
A complaint is ordinarily made by an investigating officer
or agent, and where private citizens seek warrants of
arrest, the practice recommended by the Judicial Conference
of the United States is to refer the complaint to the United
States Attorney. However, further reference to him is
rendered futile where a mandamus proceeding is brought to
compel him to prosecute and he opposes the proceeding.
[Pugach v Klein (1961, SD NY) 193 F Supp 630, citing Manual
for United States Commissioners 5 (1948)]
The situation here is that these felony criminal complaints are
brought to you by me is that there have been attempts of federal
judges and court clerks to cover up criminal activity at the
Federal Bureau Investigation/ Engineering Research Facility,
within the U.S. Department of Energy, Sandia National
Laboratories, Department of Justice, and the National Security
Agency.
Therefore, any attempt to bring criminal complaints to government
authorities would, of course, be futile.
I am a citizen of the United States and you are the assigned
magistrate.
In order to satisfy the requirement of the Constitution and
Rules 3 and 4, a written and sworn complaint should set
forth the essential facts constituting the offense charged
and also facts showing that the offense was committed and
that the defendant committed it.
And,
As to the requirement that the complaint be made on personal
knowledge of the complainant, it is enough for the issuance
of a warrant that a complainant shows it to be on the
knowledge of the complainant.
2
[Giordenello v United States (1958) 357 US 480, 2 L Ed. 2d
1503, 78 S Ct 1245, revg (Ca5 Tx) 241 F2d 575, 579 in accord
Rice v Ames (1901) 180 US 371, 45 L Ed 577, 21 S ct 406, and
United States v Walker, (1952, CA2 NY) 197 F 2d 287, 289,
cert den 344 US 877, 97 L Ed 679, 73 S Ct 172]
So as to keep contiguous the requirements of the law and the
criminal complaint affidavits, I will include these complaints in
this letter to you.
CRIMINAL COMPLAINT AFFIDAVIT: David M. Glass
Essential material facts are:
1 March 17, 1993 Glass sent the ATTACHED fax to Folley,
Kalman, and Aarons. Glass states,
As I have advised each of you, the United States wishes to
ensure that classified information is not revealed in this
case." ...
To help ensure that classified information is not revealed
inadvertently, I would appreciate your sending me copies of
all proposed court filing, proposed requests for discovery
and proposed discover responses before they are served or
filed. I will distribute the materials to any interested
agency and advised the party who has prepared them of any
problems that we perceive. It is my hope that ny problems
can be resolved informally.
2 June 2, 1993 Glass writes in THE ATTACHED fax,
During the second session of his recent deposition, William
H. Payne stated on a number of occasions that information
could not be regarded as classified to the extant that Mr.
Payne viewed the information as involving illegal activity. ...
As I indicated to you and to the other counsel in this case
in my letter of March 17, 1993, individuals with access to
classified information are under an obligation to refrain
from disclosing the information with prior government
authorization. ...
In addition, Mr. Payne lacks the declassification authority
that Executive order No. 12356 required for the downgrading
or declassification of classified information. As a result,
Mr. Payne lacks the authority to make judgments about the
appropriateness for disclosure of particular pieces of
information that the government regards as classified and,
on the basis of those judgments, to make disclosure of the
information of unauthorized persons. ...
3 Copy of June 2 letter was sent to Harold L. Folley.
3
4 Complainant Payne has repeatedly requested mandatory
declassification review of information in this case. No
requested mandatory declassification review required under
EO 12356 HAS EVEN BEEN CONDUCTED.
6 Since complaint has never been charged with release of any
properly classified information, the obvious conclusion is
that Glass attempted to intimidate the complainant with the
two attached letters.
COUNT 1
Glass is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his complicity with Sandia lawyer Folley, department manager
Childers, and supervisor Gosler in an attempt to intimidate
complainant with Glass' letters of March 17 and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: Harold L. Folley
Essential material facts are:
1 Folley, on information and belief, conspired with Department
of Justice lawyer Glass in an attempt to intimidate complainant
4
Payne in Glass' letters of March 17 and June 2, 1993.
COUNT 1
Folley is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his complicity with Department of Justice lawyer Glass,
Sandia department manager Childers, and supervisor Gosler in an
attempt to intimidate complainant with Glass' letters of March 17
and June 2, 1993.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: C. William Childers
Essential material facts are:
1 ATTACHED affidavit of C. William Childers states,
I decided that Dr. Payne's actions warranted his
termination. ...
for complainant's exercising his right to communicate with his
Japanese colleague with Sandia Classification and Sensitive
Review Department approval.
COUNT 1
5
Childers is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for oppression of complainant's right guaranteed by the
Constitution to communicate with his Japanese colleague with
Sandia Classification and Sensitive Review Department approval.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
CRIMINAL COMPLAINT AFFIDAVIT: James R. Gosler
Essential material facts are:
1 February 2, 1993 ATTACHED affidavit authored by Gosler
swears,
For these reasons, it is my belief that Sandia and the named
sponsors will suffer irreparable injury if these pleadings
and future pleading containing similar information are not
sealed in the court records, and the discussion about, and
dissemination of, then limited by court order.
2 All documents to which Gosler refers are known to the public.
3 There is no properly classified information in the documents
to which Gosler refers. No complainant requested mandatory
declassification review required under EO 12356 has even been
6
conducted.
4 Complainant has never been charged with divulging properly
classified information.
Count 1
5 Gosler is charged with felony violation of,
Title 18, Civil Rights, Article 241, Conspiracy against right to
citizens states:
"If two or more persons conspire to ... oppress, threaten,
or intimidate any citizen in the free exercise or enjoyment
of any right or privilege secured to him by the Constitution
or law of the United States, or because of his having so
exercised the same: ... They shall be fined not more than
$10,000 or imprison not more than ten years or both;..."
for his and Childers' attempted oppression to communicate Gosler
and Childers' illegal Work for Others activities to proper
authorities.
VERIFICATION
Under penalty of perjury as provided by law, the undersigned
certifies pursuant to 28 USC section 1746 that material
factual statements set forth in this criminal complaint are
true and correct, except as to any matters therein stated to
be information and belief of such matters the undersigned
certifies as aforesaid that the undersigned verily believes
the same to be true.
Date William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
So, judge Edwards, I believe that I have complied with all
applicable rules of the court to have you issue arrest warrants
for Glass, Folley, Childers, and Gosler.
If I have not complied with all applicable rules, then I ask that
you inform me of any non-compliance so that I can correct my
criminal complaints and re-submit them.
I satisfied the requirement of the Constitution and Rules 3 and
4, and issued written and sworn complaints that set forth the
essential facts constituting the offenses charged against Glass,
Folley, Childer, and Gosler. I also showed facts, the enclosed
affidavits and letters, showing that the offenses were committed
7
by Glass, Folley, Childers, and Gosler and these individuals
committed them.
So I ask that you do your job and proceed with supervision of
the arrest and prosecution of Glass, Folley, Childers, and Gosler
for title 18 felony violations of law.
I expect you to supply me with copies of warrants of arrest you
issue for Glass, Folley, Childers, and Gosler within seventeen
working days.
Unless, of course, you can provide written justification of why
such a deadline is unreasonable.
I enclose copies of newspaper articles on the National Security
Agency's and Federal Bureau of Investigation's attempts to
conscript me into their Infowar, Rigging the Game published by
the Baltimore Sun, and an audio cassette copy of the Swiss Radio
International '94 broadcast about the case of Hans Buehler to
help you understand what some in the US government are trying to
cover up.
US bureaucratic government-sponsored high-tech terrorism. A US
government activity so SECRET it cannot be classified, according
to Gosler.
FOIAs dated June 10 addressed to NSA and June 11 addressed to the
FBI are included to inform you of more details of the US
government high-tech terrorism.
You, of course, having this knowledge must begin your duty as
required by law to bring the remainder of the US government
terrorists to justice.
Sincerely,
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
8
