lattitude zine - issue 9 - august/sept 2008
TRANSCRIPT
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August/September2008
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Contents
03 Secret Email Searches JaikumarVijayan
07 Gina Rannali - Mother Puncher MickeyZ.
09 I Own a Van DavidBrooks
12 Anarchy in Your Head DaleEverett
13 Sun, Sea, Sand... and Terrorism ThePleb
16 Triztoons BillTrzcinski
As this issue was coming to completion my grandmothers life was as well. Its strange, butbeing that she had been in the hospital for more than a week, and most of that in a hospicestyle situation, once I was told she had actually died the news didnt have that shock factoryou usually experience with the death of those closest to you.
I continue to think back of the panicked ride to the hospital I had the afternoon before forsome reason. Her blood pressure was insanely high and with this news and the uncertaintywe had been experiencing for days I was in a hurry to get there to say the least. Once there,it was just depressing to see her in such a state. I hadnt seen her awake for days and themore time I spent in the hospital the angrier I got. Not at the fact that she was dieing, butthe way in which it was happening.
The first Saturday she was in the hospital I walk in and with my own way of dealing withthings made the smart ass comment that shes causing too much trouble. She respondedlaughingly, telling me that she was ready to go. Ready to see my grandfather and uncleagain. That was the best thing I could have hoped for. Although I had come to expect thisfor some time, hearing her say that she was ready made it that much easier to deal with.She had a long, seemingly happy life. As upsetting as it has been to lose her, it is mostcomforting to have known and seen the love and happiness we have all shared with her.Of course she will be missed, but happily remembered.
Feel free to share your own opinions about anything youd like - someones [email protected]
Something you may have noticed is that nine has been combined into anAugust/September conglomerate. This will allow us to get back on track and bring youa better and more timely October issue 10.
Thanks for reading,jimmy
Lattitude Zine is published 12X a year, monthly give or take, in Louisville, KY. Lattitude is
collectively written and designed with subjects and style that will vary from one issue to
the next. The reader base is the staff essentially. There is no formal organization at work.
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The Sixth Circuit Court of Appeals last
week dismissed on procedural grounds
a case involving the constitutionality of
warrantless no-notice searches of e-mail
messages stored by an Internet serviceprovider.
In doing so, the court left unanswered the
question of whether the Fourth Amend-
ment requires the U.S. government to
obtain warrants based on reasonable cause
before it can compel e-mail service provid-
ers to secretly turn over a persons email
records.
The case involves an Ohio man, Steven
Warshak, who in February was convicted
by a jury on 93 counts of mail and wire
fraud, money laundering, and other
federal offenses. Warshak ran a Cincinnati-
based company called Berkeley Premium
Nutraceuticals Inc., which marketed, dis-
tributed and sold herbal supplements. The
conviction followed an FBI probe that be-
gan in 2005, when Warshaks company was
suspected of making false and misleading
advertising claims, misrepresentation and
various other fraudulent practices.
As part of the probe into the companys
activities, the FBI compelled NuVox Com-
munications Inc. and Yahoo Inc. -- War-
shaks Internet service providers -- to turn
over all of the contents, log files and back-
up data related to his e-mails -- including
those that had been stored for more than
181 days. The statute allowing the govern-
ment to see Warshaks e-mails -- and the
rationale provided by the government --required investigators to inform Warshak
about the action within 90 days.
But the government didnt notify War-
shak about its behind-the-scenes efforts
for nearly a year after it first sought the
e-mail information.
Warshak filed suit in June 2006, seeking
declaratory and injunctive relief, claiming
that the forced disclosure of his e-mails
violated his Fourth Amendment rights. He
also argued that the governments failure
to tell him what it was doing violated the
Stored Communications Act, the stat-
ute used to obtain his records. When his
lawyers failed to get an assurance from
the government that it wouldnt continue
such searches in future, Warshak asked for
a preliminary injunction prohibiting the
practice.
An Ohio District Court granted the pre-
liminary injunction, noting that e-mails
held by an Internet service provider were
roughly analogous to sealed letters, in
which the sender maintains an expectation
of privacy. That court also agreed to en-
join additional seizures of e-mails from the
Court dismisses case challengingwarrantless, secret e-mail searches
But the underlying issue of Fourth Amendment protections was not addressed
Jaikumar Vijayanfrom Computerworld 17/07/2008
Internet accounts of any resident of the
Southern District of Ohio without notice to
the account holder.
When prosecutors appealed the decision,
a three-judge panel at the Sixth Circuit
Court initially upheld the preliminary
injunction, saying it was needed to protect
the Fourth Amendment rights of Warshak
and others who might be in his position.
But the full Sixth Circuit court overturned
that decision last week, formally lifting
the preliminary injunction that had been
in place since June 2006. The most recent
decision, however, did not touch upon the
issue of the governments right to conduct
warrantless, secret email searches.
Writing for the majority, Judge Jeffrey
Sutton said the case was not fit for judicial
review because the court has no idea
whether the government plans to conduct
warrantless searches of Warshaks e-mail
in future. He said Warshaks complaint
was based on contingent future events
that might not occur. Answering difficult
legal questions before they arise and be-
fore the courts know how they will arise is
not the way we typically handle constitu-
tional litigation, he wrote.
Circuit Judge Martin Boyce, who wrote
for the five dissenting judges in the case,
said that the governments failure to tell
Warshak about the searches after the 90-
day period expired was a clear violation
of the Stored Communication Act that
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the majority on the court had overlooked.
The ruling gives unwarranted deferential
treatment to the government, Boyce said.
It is but another step in the ongoing deg-
radation of civil rights in the courts of this
country, he noted in his dissent.
The ruling was greeted with dismay by
the Electronic Frontier Foundation (EFF),
one of several civil rights groups that had
filed a friend-of-the-court brief supportingWarshak. In a post on its Web site, Kevin
Bankston -- who drafted the groups brief
-- said the courts refusal to address the
Fourth Amendment issue was a shame.
Without clear legal rulings on such is-
sues, we face continued uncertainty about
how the Constitution protects our private
Internet communications, uncertainty that
the government will continue to exploit,
Bankston wrote.
The EFF in its brief had earlier argued that
e-mail is used in myriad ways to commu-
nicate everything from family photos and
personal thoughts to health information
and corporate data. The varied uses dem-
onstrate societys expectations that e-mail
sent and received over the Internet is as
private as a sealed letter, a telephone call
or even papers that are kept in the home.
As such, secret, warrantless searches of e-
mail violates the Fourth Amendment, the
organization said.
It is an important decision because it
vacates a case that had established strong
Fourth Amendment protections for
e-mails, said Gregory Nojeim, director of
freedom, security and technology at the
Center for Democracy and Technology
(CDT), a Washington-based rights group
that participated with EFF in the friend-of-
the-court brief.
Fourth Amendment protections related
to stored e-mail generally require the
government to notify an individual of an
e-mail search -- unless a probably cause
warrant for the search was granted. With
its ruling last week, the court did not saythat e-mail isnt protected by the Fourth
Amendment, Nojeim said. It just said the
case was not yet ready for court review.
The ruling means Internet users need to
pay attention to the terms of service they
agree to when signing up with an e-mail
provider, he said. The degree to which a
person allows information to be shared
with law enforcement officials can have a
legal impact later.
Nojeim pointed to several examples of the
differences in terms of service offered by
various providers that were cited in the
Sixth Circuits majority opinion. For ex-
ample, some agreements might say that a
service provider will not read or disclose a
subscribers e-mail to anyone except autho-
rized users; another might say that it will
not intentionally disclose e-mail except as
required by law; and a third might say that
the provider will not intentionally monitor
private e-mail messages, while reserving
the right to do so.
Jaikumar Vijayan, currently senior editor of
ComputerWorld, is k
nown as one of the
senior-most South Asian technology journalists.
continued from page 4
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GR: Ed really wasnt a hard character to
come up with. We all know people like him.
And I do think that at his core, hes an okay
guy, in a bizarre kind of way. He thinks,
probably rightly so, that there are hundreds
of other guys that would take his job in
a heartbeat, simply because theyd enjoy
popping a woman in the face and knowing
that there would be no repercussions for
those actions. Hell, they would be paid to
do it. He considers his job unsavory, but
necessary. He doesnt enjoy having to do it
but realizes that these people are better off
in his hands, so to speak, instead of in the
hands of a militant misogynist, for exam-ple. So, in his mind, hes actually protecting
them.
MZ: Ah yes, lesser evilism. A very amiliar
concept in an election year. I imagine you
will take some heat or the title Mother
Puncher and the act that its literal. Do
you think its easier or a woman to create
such a concept? What I mean is that you
wont have to deal with the accusations o
sexism and can ocus more on the social
realities you touch on in the book (e.g.
class, patriarchy, reproductive rights,
etc.)?
GR: Yeah, I figured Id take heat for the ti-
tle and the book itself. I havent heard any-
thing too bad yet, but I wont be surprised
when/if it happens. It might be easier for
a woman to get away with it. But maybe
not. It could just as easily go the other
way and in fact I just assumed it would be
feminists and women in general whod be
calling for my head on a stick. But, who
knows. I recently wrote a short story told
from the perspective of a child molester
and the editor told me that a bunch of his
initial readers were not only unsure of
whether to publish it, but also went as far
as to say, If this had been written by a
man, wed never touch it. So, I think the
whole issue of gender is a roll of the dice
when it comes to what readers will accept.
Or maybe they dont care at all. Well just
have to wait and see.
MZ: Gender issues notwithstanding, your
writing is usually described as Bizarro.
Can you explain?
GR: Sure thing. Bizarro is, for lack of a
better term, the genre of fiction that I cur-
rently write in. Its weird, its surreal, its
bizarre. Its distorted, absurd and twisted.Its David Lynch on paper. There are no
boundaries, really. For a better, more com-
plete definition of exactly what bizarro
is, I would highly recommend checking
out the website BizarroCentral.com. It
answers every question anyone could have
about the genre, in addition to a catalog
of bizarro books, articles, author bios and
an active forum where you can chat with
the authors and other fans. Its the best
jumping off spot for anyone interested in
checking out bizarro as a whole.
MZ: Where can you be ound on the Web?
A: I can be found on the web in several
places. I have a MySpace page (www.
myspace.com/ginaranalli), an online jour-
nal, and of course anyone can check me
out and chat with me at BizarroCentral.
com. I always love meeting readers, other
vegans/vegetarians, and kindred spirits.
Mickey Z. is the author of the recently released
novel, CPR for Dummies, and can be found on
the web at MickeyZ.net as well as YouTube.com
07 08
Mother Puncher
Mickey Z.
Uponfrstcontact with Gina Ranalli, it
was instantly clear that we were kindred
spirits. Gina is a prolific writer with a punk
rockers soul and an activists heart. Shes
a vegan, a feminist, and a wiseass rebel
who has written books known as Bizarro,
sold over 100 paintings, raised hell in punk
bands, and just loves her 1977 Fender Strat.
Ginas latest novella is Mother Puncher and
the lead character, well, punches mothers.
Specifically, he punches mothers just after
they give birth ostensibly to teach them
a lesson. Ranallis brilliant dystopian vision
never strays too far from what passes for
reality todayand thats where Mother
Puncher delivers the knockout blow (sorry,
couldnt resist). She holds up a mirror to a
clueless culture on a collision course with
oblivion.
Hereismye-mailconversationwithGina
Ranalli:
Mickey Z: Noam Chomsky once said: It is
quite possibleoverwhelmingly probable,
one might guessthat we will always
learn more about human lie and hu-
man personality rom novels than rom
scientifc psychology. What can Mother
Puncher teach us about human lie and
human personality?
Gina Ranalli: I think Mother Puncher
draws a very clear portrait and points out,
very blatantly, how as a species we tend to
look to our leaders and just blindly swallow
whatever it is they happen to be feeding
us that day. Human beings are very mon-
key see, monkey do regardless of how
preposterous something might be. People
are taught from a very early age not to
think for themselves. Were told what to
buy, what to eat, who to vote for, who to
hate, who to love, which God we need to
believe in. Its never ending and its both
sad and scary that so few people pause and
say, Hold up a second. I think FILL IN
THE BLANK is untrue or unfair or thats
not what I believe. The book takes all that
blind following to the next level. But it
also shows the rebels in the society, who
disregard the laws, but they do so basically
at the expense of the rest of the world.
There just are no easy answers.
MZ: Your protagonist, Ed Means, is aMother Puncher and he spends an
awul lot o time trying to justiy and
rationalize how he makes a living, where
he lives, and how he lives. For me, his
banality echoed Hannah Arendts writ-
ings on Adolph Eichmann. She discussed
a new type o criminal, who commits
his crimes under circumstances that
make it well-nigh impossible or him to
know or to eel that he is doing wrong.
How did the character o Ed Means come
to be?
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Most Van Clubs host a Truck-In orVan run or eVant every year. It justso happened that the club I was joining(Bluegrass Vanners) were hosting theirrun a month after I joined. This meant Iwas to be voted in at the van run. At yourfirst truck-in youre considered to be aPuppy Trucker and this usually involves
some sort of one time public humiliation.I carried a rock around (about the size ofa football) for about 3 hours. The stipula-tion of this rock was that I put it downand someone saw me, they could give mea bigger rock to carry. It became a verypopular and sought after item for a fewhours.
After being voted in I was allowed to wearmy club jacket which featured the Clublogo on the back. At every truck in youcan buy a patch for the event and thenyou put that on your jacket. Some vannershave long white butchers coats that are
completely covered in patches. This takesabout 30 years to do.
I have since been to3 more truck-ins,
one including the36th Van Nation-als. Vanning isnot what it oncewas. As far asattendance, Vanevents have
always beenprivate, van only
events, as opposed
to car shows, that areopen to the public. The
3rd Van nationals in Bowl-ing Green, Kentucky had nearly
7000 vans in attendance. This yearsVan Nationals or The Nats as they are
called, only had 500 vans in attendance.
What to expect at a van run?Van runs are usually three days long. Theyare hosted at camp grounds, and you set upa tent or sleep in your van. Friday is usuallythe first night of a run and its generallya good party. Saturday around noon, kidsgames begin, followed by horse shoes,cornhole, and any-thing else the hostclub comes up with.
Around 3 p.m. or sothe Show and Shinebegins where all theguys with show vanspark their vans in a
field and are judged by categories basedupon make, year, and how custom the vanis. Friday and Saturday nights there is livemusic, usually beer pong, and some kindof shooter bar. Van runs are the kind of
place where you can expect to make newfriends quickly and party your ass off.
So youre probably saying to yourself arethere still a bunch of wicked ass murals?Yes. Ive seen lots of murals, Amazonwomen, Pirates of the Caribbean, Mr. Bill,Harley Davidson. The list goes on and on.
Vanners in a nutshell are a big familywho know how to party. You dont have tohave a custom van to be a Vanner you justhave to own a van. If you want to find avan club near you I suggest you check outVannin.com. If youre from Louisville and
you have a van oryou want to getone and join our
club please visitBluegrassvanners.com. We meetevery first Sundayof the month.
I Own a VanDavid Brooks
I own a van. Its notfull of ice cream orpluming tools. Its gotblue shag fur on theinside, a CB radio,and a functioning
tape deck. I boughtit this past Decemberbecause Im in a bandwe needed a biggervehicle to haul our stuffaround in on trips for comfort.I knew that when I bought the vanthat I was going to customize the insideto separate where our equipment went andwhere we would sit. What really ended uphappening is that I was introduced to a newlifestyle:Vanning.
I started looking for Van web sites on theinternet and I found Vannin.com which iswhere almost the entire online vanningcommunity presides. Through that site Ifound bluegrass vanners and asked to join.
The rules for joining were as follows:1. Attend 3 club meetings2. Attend one club social function3. Bring a bottle of whiskey to your fourth
meeting when you will be voted on.
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Anarchy in Your Head
Dale Everett
I Aim to Misbehave
Lauren Canario is an early mover of the Free State Project (FSP) and one of my personalheroes. The first official Anarchy In Your Head comic strip was about her. Shes knownfor non-cooperation with authority figures. She abhors violence and her acts of remain-ing passive in the face of aggression are meant to demonstrate to the world whereviolence really originates. Ive been known to say that Id much rather have 20 moreLaurens participating in the FSP than 20,000 more political activists, keeping in mindthat I do not place myself in the same category. I dont have her courage yet.
check www.anarchyinyourhead.com for additional lighthearted chaos
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ShouldLuisgototrialonthechargeo
blowingupanairliner???
Well the UN Charter forbids providing
safe haven to a terrorist, and the Montreal
Convention on Aviation states that in such
a case he must either be extradited for trial
or tried in the U.S. So far both options havebeen disregarded. Cuba and Venezuela
have demanded he be extradited.
So how did Posada end up in Miami?
Well after a little 1997 bombing spree of
hotels (he told a journalist he was in-
volved), he turned up in Panama in 2000.
Now going to a University is usually a
good thing, to study and learn, but Posada
was up to his old tricks. Luckily, before
Posada could blow the building (and their
target Fidel Castro) sky-high, he was ar-
rested and the car full of explosives seized.
After serving a whopping 4 months of his
sentence, Colin Powell negotiated his early
release with an outgoing Panamanian
President. Posada surfaced in Miami, and
after some legal shenanigans is now living
freely. Id like to pose a question:
JustwhatwouldLuisPosadaCarrileshavetodoinordertoqualiyasaTerrorist,andstand
trialaccordingly?
Visit www.theplebsite.com for cartoons, poetry
and other random creativity.
13
Justwhatconstitutesa
terroristthesedays?
Sometimes it seems
that the term gets
thrown around at any-
thing someone takes a
disliking to, or as in
Joseph Hellers Catch
22 itll get used as the
trump card in any argu-
ment, like National
Security! or Were
fighting Communism!.
On October 6th 1976 a Cubana airliner, with
73 passengers and crew aboard exploded
in midair, there were no survivors. The FBI
files state that a man by the name of Luis
Posada Carriles was up to his eyes in
planning the operation, so where do youthink a man like Posada would be today?
A) in prison.
B) a free man.
C) that guy walking past me in the street.
If you answered A, brace yourself I have
something to tell you about Santa Claus!
If you answered B, well done, you are cor-
rect. If you answered C, if youre in Miami,
that may also be correct.
Heresthenastylittlehistory:
A CIA file (dated 18/10/76) quotes Luis
Posada as saying We are going to hit a
Cuban airliner. But what would the CIA
know about Luis? Trained in explosives,
and a trainee of the infamous Fort Benning,
in 1966 Luis was being paid $300 a month
by the CIA, previously hed helped recruitpeople for what became known as the Bay
of Pigs. If you want to know about his Re-
lationship to the U.S. in 1976then sorry,
the document is still massively censored.
In 1985 Luis was actually in the process of
being tried for the airliner bombing in a
Venezuelan Court (Hernan Ricardo Lozano
who put the bomb on the plane was an
employee of Posada). After escaping from
prison, he went off to help with CIA gun
running operations to the Contras.
Sun, Sea, Sand and Terrorism
The Pleb
Cuban billboard demanding justice for the bombing of Cubana Flight 455 in October, 1976.
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