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Venona material re classified info & prosecution

daemon@ATHENA.MIT.EDU (Greg Broiles)
Tue Sep 21 18:12:28 1999

Date: Tue, 21 Sep 1999 14:40:42 -0700
From: Greg Broiles <gbroiles@netbox.com>
To: cypherpunks@cyberpass.net
Message-ID: <19990921144042.B13209@ideath.parrhesia.com>
Mime-Version: 1.0
Content-Type: text/plain; charset=us-ascii
In-Reply-To: <199909211850.UAA13049@mail.replay.com>; from Anonymous on Tue, Sep 21, 1999 at 08:50:53PM +0200
Reply-To: Greg Broiles <gbroiles@netbox.com>

On Tue, Sep 21, 1999 at 08:50:53PM +0200, Anonymous wrote:
> Rummaging around the crytptomb one finds
> a declassified doc that discusses using
> decrypted info in prosecution (for
> soviet spies, in this case).
> 
> Excerpt: 
[...]

The document you quoted is a little over 43 years old. I'm pretty sure
all of the relevant law has changed since then - including the
Classified Information Procedures Act (see the Appendix to Title 18), as
well as the Federal Rules of Evidence and the Federal Rules of Criminal
Procedure, which probably postdate that memo as well. The reasoning
behind the hearsay discussion is not useful as a matter of current law -
I've got no idea if it was sensible 43 years ago, although I suspect
not. The author seems to be confusing the hearsay rule and the best
evidence rule.

If you're interested in legal research, Versuslaw (at
<http://www.versuslaw.com>) is cheap at $6/month. 

I do get the impression that the law enforcement community is futher
blurring the distinctions between ordinary citizens, ordinary criminals,
and spies/traitors, such that they'd like to use the aggressive and
extreme methods they've adopted for use against the last group against
the other two, to the extent that a distinction is maintained. 

--
Greg Broiles
gbroiles@netbox.com


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