TELECOM Digest     Sat, 24 Dec 2005 21:54:00 EST    Volume 24 : Issue 579

Inside This Issue:                               Happy Holiday Greetings!

    Government Spying: The Birth of N.S.A. (TELECOM Digest Editor)
    Re: A Merry Christmas For a Helpless Dog Who was Frozen Outside (Wesrock)
    Re: Florida Attorney General: My Email is Not Spam! (Wesrock@aol.com)
    Re: NYC Transit Strike Midst Cold Weather and Christmas (Seth Breidbart)
    Re: As Decency Issue Boils, Comcast Sets a Family Tier (Seth Breidbart)
    Re: Cell Phone Extenders? (Steven Lichter)

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.  

----------------------------------------------------------------------

Date: Sat, 24 Dec 2005 21:12:26 EST
From: ptownson@telecom-digest.org
Subject: Government Spying: The Birth of N.S.A.


A long time ago, spying on US citizens got started through the NSA,
the National Security Agency. It seems like these federal agencies
just pile on on top of each other; any one of them (FBI, NSA, Homeland
Security, others) would be enough, but the deal is, whenever some
incident occurs, the government response seems to be to start a new
agency to deal with the problem. 

That was the case in 1952, the height of the 'communist scare' in the
USA, and the National Security Agency was born. In this issue of the
Digest, I include for your examination the (fomerly, about 15 years
ago) secret charter for NSA. It was unsealed in 1990 and almost
immediatly printed here in TELECOM Digest. It is being reprinted here
today. Please note the reference to 'BITNET' which was discussed here
yesterday in a message from Lisa Hancock to the Digest.


  Received: from CWRU.BITNET by nuacc.acns.nwu.edu; Sat, 10 Feb 90 23:12 CST
  Date: Sun, 11 Feb 90 00:03 EST
  From: CJS%cwru.bitnet@eecs.nwu.edu
  Subject: FOIA Jewel: Original Charter of the National Security Agency
  To: telecom@eecs.nwu.edu
  Message-Id: <DE1C39E236FF0031B1@nuacc.acns.nwu.edu>
  X-Original-To:  security,telecom,sloan,jamie
  X-Envelope-To: telecom@eecs.nwu.edu
  Resent-Date:  Sun, 11 Feb 90 9:56:08 CST
  Resent-From: telecom@eecs.nwu.edu
  Resent-To: ptownson@gaak.LCS.MIT.EDU
  Status: R

    At  12:01 ON the  morning of November 4,  1952, a new federal
agency was born.  Unlike other such bureaucratic births, however,
this one arrived in silence.   No news coverage, no congressional
debate, no press announcement,  not even the whisper of  a rumor.
Nor could any  mention of  the new organization  be found in  the
Government Organization  Manual of  the Federal  Register or  the
Congressional Record.   Equally invisible  were the new  agency's
director, its numerous buildings, and its ten thousand employees.
 
    Eleven days earlier,  on October 24, President Harry S Truman
scratched  his   signature  on   the  bottom   of  a   seven-page
presidential memorandum addressed  to secretary of State  Dean G.
Acheson  and Secretary of  Defense Robert A.  Lovett.  Classified
top  secret  and  stamped  with  a  code  word  that  was  itself
classified, the  order directed the establishment of an agency to
be  known as  the National  Security Agency.    It was  the birth
certificate  for  America's  newest and  most  secret  agency, so
secret in  fact that only  a handful  in the government  would be
permitted to know of its existence.
    -James Bamford, The Puzzle Palace (1982) at 15.
 
*****************************************************************
 
                                        A 20707 5/4/54/OSO
                                        NSA TS CONTL. NO 73-00405
                                        COPY: D321
 
                                        Oct 24 1952
 
MEMORANDUM FOR:     The Secretary of State
                    The Secretary of defense
 
SUBJECT:  Communications Intelligence Activities
 
    The  communications intelligence  (COMINT) activities  of the
United States are  a national  responsibility.  They  must be  so
organized and managed as to exploit  to the maximum the available
resources in all  participating departments  and agencies and  to
satisfy  the legitimate  intelligence  requirements  of all  such
departments and agencies.
    I  therefore designate  the Secretaries of  State and Defense
as  a Special  Committee  of the  National  Security Council  for
COMINT,  which  Committee  shall,  with  the  assistance  of  the
Director of  Central Intelligence,  establish policies  governing
COMINT  activities. and keep me advised  of such policies through
the Executive Secretary of the National Security Council.
    I  further designate  the Department of  Defense as executive
agent  of   the  Government,   for  the   production  of   COMINT
information.
    I  direct  this  Special  Committee  to  prepare   and  issue
directives which shall include the provisions set forth below and
such other provisions  as the Special Committee  may determine to
be necessary.
 
    1.    A   directive  to   the  United   States  Communication
Intelligence  Board  (USCIB).  This  directive will  replace the
National Security Council Intelligence Directive No. 9, and shall
prescribe   USCIB's   new   composition,   responsibilities   and
procedures in the  COMINT fields.   This directive shall  include
the following provisions.
a. USCIB  shall be reconstituted  as a body  acting for
    and  under  the  Special  Committee,  and  shall  operate  in
    accordance with the  provisions of  the new directive.   Only
    those  departments  or  agencies  represented  in  USCIB  are
    authorized to engage in COMINT activities.
b.  The  Board  shall  be  composed  of  the  following
    members:
     (1)  The  Director  of  Central Intelligence,  who shall be
the Chairman of the Board.
     (2) A representative of the Secretary of State.
     (3) A representative of the Secretary of Defense
     (4) A  representative  of  the  Director  of  the Federal
Bureau of Investigation.
     (5) The Director of the National Security Agency.
     (6) A  representative of  the  Department of  the Army.
     (7) A  representative  of the  Department  of the Navy.
     (8) A representative of the  Department of the Air Force.
     (9) A  representative of the  Central Intelligence Agency.
c. The Board shall have a  staff headed by an executive
    secretary who  shall be  appointed by the  Chairman with  the
    approval of the majority of the Board.
d. It shall be the duty of the Board to advise and make
    recommendations to the  Secretary of  Defense, in  accordance
    with  the  following procedure,  with respect  to  any matter
    relating  to communications  intelligence which  falls within
    the jurisdiction of the Director of the NSA.
     (1) The Board shall reach its decision by majority
vote.  Each  member of  the Board shall  have one  vote
except the  representatives of  the Secretary  of State
and of the  Central Intelligence Agency who  shall each
have two votes.  The  Director of Central Intelligence,
as Chairman, will have no vote.  In the event  that the
Board  votes  and reaches  a  decision,  any dissenting
member  of  the  Board may  appeal  from  such decision
within 7 days of  the Special Committee.  In  the event
that the Board votes but fails to reach a decision, any
member of the  Board may  appeal within 7  days to  the
Special  Committee.    In   either  event  the  Special
Committee   shall   review    the   matter,   and   its
determination thereon shall  be final.  Appeals  by the
Director  of NSA  and/or  the  representatives  of  the
Military  Departments  shall  only  be  filed with  the
approval of the Secretary of Defense.
     (2) If any matter is voted on by the Board but -
(a)  no decision  is reached  and any  member
     files an appeal;
(b)  a  decision  is  reached  in  which  the
     representative  of the  Secretary of  Defense does
     not concur and files an appeal;
no action  shall be taken  with respect to  the subject
matter until the  appeal is decided, provided  that, if
the Secretary of Defense determines, after consultation
with the Secretary  of State,  that the subject  matter
presents a problem of an  emergency nature and requires
immediate action,  his decision  shall govern,  pending
the  result  of  the  appeal.   In  such  an  emergency
situation  the  appeal  may be  taken  directly  to the
President.
     (3)  Recommendations  of  the  Board  adopted   in
accordance  with  the  foregoing  procedures  shall  be
binding on the Secretary of Defense.   Except on matter
which have been voted on by  the Board, the Director of
NSA shall discharge  his responsibilities in accordance
with his own  judgment, subject to the direction of the
Secretary of Defense.
     (4) The Director  of NSA  shall make such  reports
and furnish  such information from time to  time to the
Board,  either orally  or in  writing, as the  Board my
request, and shall bring to  the attention of the Board
either in such reports or  otherwise any major policies
or programs in advance of their adoption by him.
e.   It  shall  also be  the duty  of  the Board  as to
    matters not falling within the jurisdiction of NSA;
     (1) To coordinate the  communications intelligence
activities   among   all   departments   and   agencies
authorized by the President to participate therein;
     (2) To initiate, to formulate policies concerning,
and  subject  to  the  provision of  NSCID  No.  5,  to
supervise all arrangements with  foreign governments in
the field of communications intelligence; and
     (3)   to   consider   and   make   recommendations
concerning   policies   relating    to   communications
intelligence of common interest  to the departments and
agencies, including security  standards and  practices,
and, for  this purpose,  to investigate  and study  the
standards  and   practices  of  such   departments  and
agencies   in   utilizing    and   protecting    COMINT
information.
f. Any recommendation of the Board with respect  to the
    matters  described in paragraph e above shall  be binding on
    all  departments  or  agencies of  the  Government  if  it is
    adopted  by the  unanimous vote of the  members of the Board.
    Recommendations  approved by  the majority,  but not  all, of
    the  members of the Board  shall be transmitted by  it to the
    Special  Committee for  such action as  the Special Committee
    may see fit to take.
g. The Board will meet monthly,  or oftener at the call
    of  the Chairman  or any member, and  shall determine its own
    procedures.
    2. A directive to  the Secretary of Defense.   This
directive shall include the following provisions:
a.  Subject   to  the  specific   provisions  of   this
    directive, the Secretary of  Defense may delegate in whole of
    in  part  authority  over the  Director  of  NSA  within  his
    department as he sees fit.
b. The COMINT  mission of the National  Security Agency
    (NSA) shall be to provide an effective,  unified organization
    and control of the communications  intelligence activities of
    the United States  conducted against foreign  governments, to
    provide for  integrated operational  policies and  procedures
    pertaining thereto.   As  used in  this directive,  the terms
    "communications intelligence"  or "COMINT" shall be construed
    to mean all  procedures and methods used in  the interception
    of communications  other  than foreign  press and  propaganda
    broadcasts  and  the  obtaining  of   information  from  such
    communications by other  than intended recipients,  but shall
    exclude censorship  and the  production and dissemination  of
    finished intelligence.
c. NSA shall be administered  by a Director, designated
    by  the  Secretary of  Defense  after  consultation with  the
    Joint Chiefs of Staff, who shall serve for a  minimum term of
    4  years and  who shall be  eligible for  reappointment.  The
    Director shall be a career commissioned officer of  the armed
    services  on active or reactivated status, and shall enjoy at
    least 3-star rank during the period of his incumbency.
d. Under the  Secretary of  Defense, and in  accordance
    with approved  policies of USCIB,  the Director of NSA  shall
    be responsible  for accomplishing  the mission  of NSA.   For
    this purpose all  COMINT collection and production  resources
    of  the United States  are placed  under his  operational and
    technical  control.    When  action  by  the  Chiefs  of  the
    operating  agencies of the  Services or  civilian departments
    or  agencies is  required, the Director  shall normally issue
    instruction  pertaining to  COMINT operations  through  them.
    However,  due  to the  unique technical  character  of COMINT
    operations,  the Director  is authorized  to issue  direct to
    any  operating elements  under  his operational  control task
    assignments and pertinent  instructions which are within  the
    capacity of such elements to accomplish.  He  shall also have
    direct   access  to,  and   direct  communication  with,  any
    elements  of the  Service or civilian  COMINT agencies on any
    other  matters of operational and technical control as may be
    necessary,  and he  is authorized to  obtain such information
    and intelligence material from  them as he may require.   All
    instruction  issued  by  the  Director  under  the  authority
    provided in this paragraph  shall be mandatory, subject  only
    to  appeal  to  the Secretary  of  Defense  by the  Chief  of
    Service or head of civilian department of agency concerned.
e. Specific  responsibilities  of the  Director of  NSA
    include the following:
     (1)  Formulating  necessary operational  plans and
policies for the conduct of the U.S. COMINT activities.
     (2)   Conducting   COMINT   activities,  including
research and development, as required to meet the needs
of the  departments and agencies which  hare authorized
to receive the products of COMINT.
     (3)  Determining,  and  submitting to  appropriate
authorities, requirements for  logistic support for the
conduct of  COMINT activities,  together with  specific
recommendations  as  to  what each  of  the responsible
departments  and  agencies  of  the  Government  should
supply.
     (4) Within  NSA's field  of authorized  operations
prescribing  requisite  security  regulations  covering
operating   practices,   including   the  transmission,
handling and distribution of COMINT material within and
among  the COMINT  elements  under  his  operations  or
technical   control;   and  exercising   the  necessary
monitoring   and    supervisory   control,    including
inspections if necessary, to ensure compliance with the
regulations.
     (5)  Subject   to  the  authorities   granted  the
Director  Central  Intelligence   under  NSCID  No.  5,
conducting all liaison on  COMINT matters with  foreign
governmental communications intelligence agencies.
f. To  the extent he  deems feasible and  in consonance
    with  the aims  of maximum over-all  efficiency, economy, and
    effectiveness, the Director  shall centralize  or consolidate
    the  performance  of  COMINT   functions  for  which  he   is
    responsible.  It is recognized that in  certain circumstances
    elements of the Armed Forces and other  agencies being served
    will require close COMINT support.  Where necessary for  this
    close  support,  direct  operational  control  of   specified
    COMINT  facilities  and resources  will be  delegated  by the
    Director,  during such  periods  and for  such tasks  as  are
    determined  by him,  to military commanders  or to the Chiefs
    of other agencies supported.
g.  The  Director  shall exercise  such  administrative
    control  over COMINT activities as he  deems necessary to the
    effective   performance   of   his   mission.      Otherwise,
    administrative  control  of  personnel  and  facilities  will
    remain with the departments and agencies providing them.
h.  The Director shall make provision for participation
    by  representatives of  each of the  departments and agencies
    eligible to receive COMINT  products in those offices of  NSA
    where  priorities  of  intercept and  processing  are finally
    planned.
i.  The  Director shall  have  a civilian  deputy whose
    primary responsibility  shall be  to ensure the  mobilization
    and  effective  employment of  the best  available  human and
    scientific  resources in the  field of cryptographic research
    and development.
j.  Nothing  in  this  directive  shall contravene  the
    responsibilities  of the  individual departments and agencies
    for  the  final   evaluation  of   COMINT  information,   its
    synthesis  with  information  from  other  sources,  and  the
    dissemination of finished intelligence to users.
    3. The  special nature of  COMINT actives requires that  they
be treated  in all  respects as  being outside  the framework  of
other  or general  intelligence  activities.   Order, directives,
policies, or recommendations  of any  authority of the  Executive
Branch   relating  to   the  collection,   production,  security,
handling, dissemination, or  utilization of intelligence,  and/or
classified material, shall  not be applicable to  COMINT actives,
unless  specifically   so   stated  and   issued   by   competent
departmental of agency authority represented on the Board.  Other
National Security Council Intelligence Directive to the  Director
of  Central  Intelligence  and  related  implementing  directives
issued by the Director of Central Intelligence shall be construed
as  non-applicable  to  COMINT  activities, unless  the  National
Security Council has made  its directive specifically  applicable
to COMINT.
 
     /s/ HARRY S. TRUMAN

I thought you might enjoy seeing this historical document, which
was, until about 1990, itself a classified document.  

PAT 

------------------------------

From: Wesrock@aol.com
Date: Sat, 24 Dec 2005 19:47:06 EST
Subject: Re: A Merry Christmas For a Helpless Dog Who was Frozen Outside


In a message dated Sat, 24 Dec 2005 14:53:30 -0600, Associated Press News 
Wire <ap@telecom-digest.org> writes:

> Strand pulled hard on the dog's tail and was able to release him, but
> the dog lost a lot of hair. "He gave a heck of a whelp," he said.

This would be a remarkable event and of great scientific interest for 
a male dog to whelp, which means "to give birth."


Wes Leatherock
wesrock@aol.com
wleathus@yahoo.com

------------------------------

From: Wesrock@aol.com
Date: Sat, 24 Dec 2005 19:53:17 EST
Subject: Re: Florida Attorney General: My Email is Not Spam!


In a message dated Sat, 24 Dec 2005 14:41:08 -0600, Reuters News Wire <
reuters@telecom-digest.org> writes:

         [ ... ]

> Crist was not immediately available for comment. But Vivian Myrtetus,
> a spokeswoman for his gubernatorial campaign, denied that he was
> somehow holding himself to different standards than other e-mailers.

> "This is not spam. This is truthful, it's straight forward. We're
> honest. To be spam it has to be, under Florida law, defined as being
> deceptive," Myrtetus.

Spam has to be "deceptive"?  Certainly a lot of the messages most 
people would define as spam may or may not be true.  They are none the less 
annoying if they are true.


Wes Leatherock
wesrock@aol.com

------------------------------

From: sethb@panix.com (Seth Breidbart)
Subject: Re: NYC Transit Strike Midst Cold Weather and Christmas
Date: Sun, 25 Dec 2005 01:49:56 UTC
Organization: Society for the Promulgation of Cruelty to the Clueless


> [TELECOM Digest Editor's Note: For someone who has no control over the
> matter (as you claim about Bloomberg) he sure does a lot of talking
> about the strike and taking credit for ending it Thursday afternoon.

He's a politician, therefore he takes credit for anything he can.

> Why don't we hear him saying, "Sorry, that's not my department, you
> will need to talk to the transit workers and their managers."?

If the strike had lasted another three weeks he would have.

> And yes, I _know_ the one is a state agency and the other is a
> municipal government ... duh!  But you should know that when Bloomberg
> says 'jump' everyone asks 'how high?', etc.

Then why can't he get the commuter tax back?  (There used to be a NYC
Income Tax for non-residents of the city who worked there, but the
state turned it off.  Turning it on to lower taxes paid by city
residents who vote for mayor would help Bloomberg.)

> The union does not require ineffeciency, or no more so than the
> government bosses.

Then why do all efficiency improvements require negotiation with the
union, and generally giving the union something in return?

Seth

------------------------------

From: sethb@panix.com (Seth Breidbart)
Subject: Re: As Decency Issue Boils, Comcast Sets a Family Tier
Date: Sun, 25 Dec 2005 01:51:24 +0000 (UTC)
Organization: Society for the Promulgation of Cruelty to the Clueless


In article <telecom24.578.12@telecom-digest.org>, Seth Breidbart
<sethb@panix.com> wrote:

> In article <telecom24.577.1@telecom-digest.org>, Monty Solomon
> <monty@roscom.com> wrote:

>> By Keith Reed, Globe Staff 

>> Comcast Corp., the nation's largest cable provider, said yesterday it
>> will offer a package of family-friendly channels in 2006, following
>> increasing pressure on the industry from legislators and regulators to
>> curb access to violent and sexually explicit content.

> When are they going to stop sending porn spam to a 12-year-old
> account?

> [TELECOM Digest Editor's Note: I assume you meant an email account
> which has been open for twelve years, _not_ a twelve year old person.
> PAT]

Well, yes, but not putting it too clearly is more likely to embarrass
them into maybe taking effective action.  Not that I doubt the same
porn spam goes to 12-year-olds, I just don't have one whose email I
can check.

Seth

------------------------------

From: Steven Lichter <shlichter@diespammers.com>
Reply-To: Die@spammers.com
Organization: I Kill Spammers, Inc.  (c) 2005 A Rot in Hell Co.
Subject: Re: Cell Phone Extenders?
Date: Sat, 24 Dec 2005 23:43:57 GMT


AES wrote:

> In article <telecom24.577.6@telecom-digest.org>, Rik
> <hrasmussen@nc.rr.com> wrote:

>> These devices are illegal to install and operate. Only a licensee is
>> authorized by the FCC to install these devices. The fact that they are
>> easily purchased does not make them legal to use.

>> They are frequently the source of interference to commercial wireless
>> systems and more importantly, they are frequently the source of
>> interference to Public Safety radio systems.

>> There have been recent instances of law enforcement showing up at a
>> location where one of these devices is in use and demanding it be
>> disabled to stop interference to their radio system.

> I had no idea this was the case -- and maybe it explains why Googling
> on the topic brought up such a mixed bag of mostly not very useful
> responses.

> So, here's a Verizon customer, sitting at the north end of Silicon
> Valley, not way out in the hills, just a mile or two from downtown
> Palo Alto -- and less than one tower in the display on my phone.  Any
> advice on how to approach Verizon about this?

You wanta bet that it is the people in the area that don't want the cell 
towers in their area?  We had a problem in a upper coast area of 
Riverside, Calif. and at the time it was AirTouch.  There was spotty 
service at the best.  Finally they got so many complaints that they told 
the people that unless they could build sites there they would not have 
service.  They slowed the voices down and a couple of sites were built 
to look like trees and a few more were put off the main highways, now 
service is a lot better, but still dead spots because of hills.

The only good spammer is a dead one!!  Have you hunted one down today?
(c) 2005  I Kill Spammers, Inc.  A Rot in Hell Co.

------------------------------


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End of TELECOM Digest V24 #579
******************************