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Subject: TELECOM Digest V23 #457

TELECOM Digest     Thu, 30 Sep 2004 15:26:00 EDT    Volume 23 : Issue 457

Inside This Issue:                             Editor: Patrick A. Townson

    U.S. Secret Search Ruling Appeal Likely (Lisa Minter)
    Federal Judge Strikes Down Part of PATRIOT Act (Monty Solomon)
    CDT Urges FCC to Stand By Approval of TiVo (Monty Solomon)
    RadioSHARK - AM/FM Radio with Time Shift Recording (Monty Solomon)
    Fireman Claims Radio Failure Nearly Killed Him (Lisa Hancock)
    Can Anyone Recommend a "Pay As You Go" Economy Cell Phone? (Ava Cohen)
    Need Help With External Port (Leander Vanhulle)
    Lucent DSL MAX 20 Packet Loss (Daniel Eyholzer)
    Cell Phone Incident Results in DC Metro Arrest  (Michael Quinn)
    Re: BART Cop Orders Radio Turned Off to Protect Trains (Lisa Hancock)
    Re: Paper Tape Technology Was: What is the Name of #?  (John Levine)
    Re: Calls to 711 (Deaf Message Service) Are Being Blocked (Steve Sobol)
    Re: Calls to 711 (Deaf Message Service) Are Being Blocked (Al Gillis)
    Is CDT Now Open to All Sales Pitches? (Joseph)

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-
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email.

               ===========================

Addresses herein are not to be added to any mailing list, nor to be
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We must fight spam for the same reason we fight crime: not because we
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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.  

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

From: Lisa Minter <lisa_minter2001@yahoo.com>
Subject: U.S. Secret Search Ruling Appeal Likely
Date: Thu, 30 Sep 2004 11:07:33 EDT


By LARRY NEUMEISTER, Associated Press Writer

NEW YORK -

In a blow to the Justice Department's post-Sept. 11 powers,
U.S. District Judge Victor Marrero on Wednesday struck down the
provision that let the FBI gather phone and Web customer records but
barred service providers from ever disclosing the search took place.

Ashcroft, in the Netherlands to meet with European Union officials,
said he would study the decision upon returning to Washington, but
"it's almost a certainty it will be appealed."

"We believe the act to be completely consistent with the United States
Constitution," he told reporters.

While Marrero called national security of "paramount value" and said
the government "must be empowered to respond promptly and effectively"
to threats, he also called personal security equal in importance and
"especially prized in our system of justice."

The decision is the second time a judge has ruled unconstitutional
part of the Patriot Act, a package of prosecution and surveillance
tools passed shortly after the terrorism of Sept. 11, 2001.

In January, a federal judge in Los Angeles struck down a section of
the act that made it a crime to give "expert advice or assistance" to
groups designated foreign terrorist organizations. The judge said the
language was too vague, threatening First and Fifth Amendment rights.

American Civil Liberties Union attorney Jameel Jaffer called the
latest ruling a "landmark victory, and "a wholesale refutation of
excessive government secrecy and unchecked executive power."

Marrero said his ruling blocks the government from issuing new
requests for phone and Internet records "in this or any other case,"
but delayed the injunction by 90 days to allow time for an appeal.

The judge said the law violates the Fourth Amendment because it bars
or deters any judicial challenge to the government searches, and
violates the First Amendment because its permanent ban on disclosure
is a prior restraint on speech.

He noted that the Supreme Court recently said that a "state of war is
not a blank check for the president when it comes to the rights of the
nation's citizens." 

"Sometimes a right, once extinguished, may be gone for good,"
Marrero wrote.  

Marrero issued his decision in favor of an Internet access firm
identified in his 120-page ruling simply as "John Doe." He had agreed
to keep the firm's identity secret to protect the FBI probe that led
to the search request.

President Bush has been pushing Congress to renew all of the Patriot
Act before it expires next year, arguing that it is one of law
enforcement's best tools in preventing another catastrophic terrorist
attack.

The law has become a symbol to civil libertarians who say the Bush
administration has gone too far in expanding security powers at the
expense of privacy rights and individual freedom.

In a footnote to his ruling, Marrero cited words he had written two
years ago in another case to warn that courts must apply "particular
vigilance to safeguard against excess committed in the name of
expediency."

"The Sept. 11 cases will challenge the judiciary to do Sept. 11
justice, to rise to the moment with wisdom equal to the task, its
judgments worthy of the large dimensions that define the best Sept. 11
brought out of the rest of American society."

 Doe v. Ashcroft ruling at: http://www.nysd.uscourts.gov/RulingsOfInterest.htm

Justice Department: http://www.usdoj.gov

*** FAIR USE NOTICE. This message contains copyrighted material the
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For more information go to:
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------------------------------

Date: Thu, 30 Sep 2004 00:36:06 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Federal Judge Strikes Down Part of PATRIOT Act


 From: info@cdt.org
 List-Archive: <http://www.cdt.org/pipermail/cdt-announcements/>
 Date: Wed, 29 Sep 2004 14:42:47 -0400 (EDT)

A federal judge today found unconstitutional a part of the USA PATRIOT
Act that allows federal law enforcement officials to obtain
confidential financial records without a court order or other
safeguards.  The lawsuit, brought by the ACLU, challenged the use of
so-called "National Security Letters," a type of administrative
subpoena power that was expanded by the USA PATRIOT Act. September 29,
2004

For more on the USA PATRIOT Act: 
http://www.cdt.org/security/010911response.shtml

For more information on the ACLU lawsuit [offsite]: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15543&c=262

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

Date: Thu, 30 Sep 2004 12:42:23 -0400
From: Monty Solomon <monty@roscom.com>
Subject: CDT Urges FCC to Stand By Approval of TiVo


http://www.cdt.org/headlines/headline.php?hid=189

In a test of the flexibility of new copy protections for digital
television, CDT has filed in support of the FCC's decision to approve
TiVo and other Internet-based technologies under its "broadcast flag"
rules. Those rules require DTV receivers sold after July 2005 to
include FCC-approved technologies to protect broadcasts from broad
redistribution online. The TiVo decision, now being challenged, is a
test of the FCC's commitment to allow secure uses of DTV over the
Internet under the new rules. September 29, 2004

     * CDT Opposition to Petition for Reconsideration on TiVo, 
SmartRight [PDF] , September 28, 2004
http://www.cdt.org/copyright/20040928tivo-reply.pdf

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

Date: Thu, 30 Sep 2004 13:33:01 -0400
From: Monty Solomon <monty@roscom.com>
Subject: RadioSHARK - AM/FM Radio With Time Shift Recording


radioSHARK
AM/FM Radio with Time Shift Recording
http://www.griffintechnology.com/products/radioshark/

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

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Fireman Claims Radio Failure Nearly Killed Him
Date: 30 Sep 2004 09:16:41 -0700
Organization: http://groups.google.com


The Phila Inqr (www.philly.com) reported 9/30/04 that a city fireman
with 23 years of service says his new digital radio failed leaving him
trapped in a burning building and severely injured.

The city spent $54 million on a new public safety radio system that
has more channels and allows all agencies to talk on the same
frequency during emergencies.  Firefighters have filed steady
complaints about the system, which operates on 800 Mhz band.

The city is investigating with Motorola.  One concern being
checked is if cellphones interfere.

Motorola did say one emergency feature (that the fireman used)
might not always work.  They also said they may have been confusion
between the encrypted and clear modes.

Other news reports said the batteries in police hand held units don't
hold a charge and fail during service.  Other cities had a similar
problem.

Suburban public safety departments have also upgraded to digital
radios at tremendous cost since all radios, both on vehicles and hand
held, must be replaced.  Suburban officials have found numerous dead
spots.

One can't help but wonder if the digital technology being used in new
public safety radios is not mature enough for the demanding
applications.  From news reports, it seems the digital systems are
much more likely to have deadspots (just like digital cell phones)
than the prior analog systems.

Has anyone heard reports from other municipalities about problems with
digital radios?

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

From: avacohen100@yahoo.com (ava cohen)
Subject: Can Anyone Recommend a "Pay as You Go" Economy Cell Phone?
Date: 29 Sep 2004 21:32:48 -0700
Organization: http://groups.google.com


I am thinking of getting my 12 year old daughter a pay as you go cell
phone in California.

Can anyone recommend a "pay as you go" economy cell phone? (like
prepaid cards?)

I do not want to subscribe to any plans.

Which company? 

How much does the phone  and the calls cost?

Where is the best place to buy it from?

Any help would be highly appreciated.

Thanks.

Ava

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

From: LeanderVanhulle@hotmail.com (Leander Vanhulle)
Subject: Need Help With External Port
Date: 30 Sep 2004 06:24:39 -0700
Organization: http://groups.google.com


My serial port of my laptop is broken and I bought an external serial
port on USB. I would like to use this in DOS but all the software only
lets you select COM1 to COM4. It works fine under WinXP but not under
Dos. Pleas help me ...

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

From: Daniel Eyholzer <d.eyholzer@blah.ch>
Subject: Lucent DSL MAX 20 packet loss
Date: Thu, 30 Sep 2004 16:31:39 +0200


Hi there,

We have three Lucent DSL MAX 20 connected to a Cisco switch. There are
also some other network devices and a linux box connected to the same
switch. If I am pinging to or from one of the three Lucent devices I
have packet loss.  Pinging from and to the other devices connected to
the switch works without any packet loss. The switch and cables have
already been replaced. On the switch I see that on the fastethernet
interfaces on which these three Lucents are connected, the number of
CRCs is constantly increasing. I also noticed, that if there are more
active DSL connections on the Lucent DSL device there is more packet
loss and more CRCs. There are two SDSL-16 cards in each of the three
DSL MAX 20 which allow 32 SDSL connections per device.  On one device
we have 28 active connections and there is about 4% packet loss. On
the second Lucent there are 20 connections and there is about 1%
packet loss. On the third Lucent there is no active connection but
still 1% packet loss.

I have looked at all config options on the Lucents but did not find
anything that could solve this packet loss problem. Is there any known
hardware problem with this Lucent DSL MAX 20 devices? Could it be a
wrong setting on the device configuration? Or what else could cause
this problem?


Thanks, 

Daniel

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

Date: Thu, 30 Sep 2004 09:12:07 -0400
From: Michael Quinn <quinnm@bah.com>
Subject: Cell Phone Incident Results in DC Metro Arrest


Apropos of the discussion about the BART officer who reportedly ordered
a radio turned off, this report has a somewhat different twist:
 
Between Metro and Cell  User, a Disconnect
 
By Lyndsey Layton
Washington Post Staff Writer
 
Sakinah Aaron was walking into the bus area at the Wheaton Metro
station several weeks ago, talking loudly on her Motorola cell
phone. A little too loudly for Officer George Saoutis of the Metro
Transit Police.
 
The police officer told Aaron, who is five months pregnant, to lower
her voice. She told the officer he had no right to tell her how to
speak into her cell phone.
 
Their verbal dispute quickly escalated, and Saoutis grabbed Aaron by
the arm and pushed her to the ground. He handcuffed the 23-year-old
woman, called for backup and took her to a cell where she was held for
three hours before being released to her aunt. She was charged with
two misdemeanors: "disorderly manner that disturbed the public peace"
and resisting arrest.
 
Those are the facts on which both sides agree. 
 
They interpret the events of Sept. 9 very differently. 
 
Transit Police and some Metro officials say Saoutis was protecting the
peace by removing a woman who had overstepped the boundaries of civil
behavior because she was loudly cursing into her phone.
 
They say that cell phones have become just another instrument of
loutish behavior in the public space and that they are fighting a
dramatic deterioration of manners in the transit system.
 
"We need better enforcement to allow people to know we are serious and
want to maintain the high-quality level of the system," said Robert J.
Smith, chairman of the Metro board, adding that "ranting youth" have
become a plague on the subway. "This isn't Montana. We live in a very
dense region, and people are on top of each other all the time."
 
Smith, who refuses to carry a cell phone, said he thinks Metro riders
need to use the devices with care. "We wouldn't allow someone to come
into the U.S. Capitol Rotunda and shout obscenities into a cell
phone," he said.
 
But Aaron and some defenders of free speech say the Transit Police are
the ones who overstepped boundaries by making a crime out of
conversation and pushing a pregnant woman to her knees. The incident
took place out of doors and not in the confines of a rail car or bus,
they note.
 
And they point to a string of other incidents, including the July
arrest of a 45-year-old woman for chewing a PayDay candy bar and the
2000 arrest of a 12-year-old girl for eating a french fry, that are
earning the Transit Police a national reputation as an agency itching
to lock up riders.
 
"Technically, the police officer is right, but the result is wrong,"
said D.C. Council member Jim Graham (D-Ward 1), who represents the
city on the Metro board. "How do we prevent minor transgressions
escalating into major problems? It's not what any of us want. We don't
want pregnant women booked for loud cell phone conversations. We don't
want 12-year-old girls in handcuffs for eating a single french
fry. Whether it's training or guidance to our officers, we have to do
something."
 
Johnny Barnes, executive director of the Washington area chapter of
the American Civil Liberties Union, called Aaron's arrest "troubling."
 
"There seems to be an unusual attention paid to activities of
patrons," Barnes said. "One should be able to ride the Metro and
exercise a range of rights without fear of intervention from Metro
police."
 
Aaron, who lives in Silver Spring and works as a clerk at the Food and
Drug Administration, said she was talking to her fiance on her cell
phone as she walked toward the bus bay about 4:45 p.m. Sept. 9 to
catch the Route C4 Metrobus.
 
"Our phone conversation had ended," she said. "I'm walking down the
stairs and the transit cop said, 'You have to lower your voice,
ma'am.'  I said, 'You can't tell me how loud I can talk.' He said, 'I
can arrest you,' and he grabbed my arm. I said, 'What are you doing?
I'm pregnant!  Oh, so you want to flex some muscle today?' He grabbed
my hand, and we struggled."
 
Aaron acknowledged that she was loud on the phone but said she wasn't
cursing and lobbed a profanity only after Saoutis grabbed her.
 
After her release that night, Aaron went to Holy Cross Hospital and
was treated in the emergency room for a bruise she said was a result
of Saoutis's pushing her to the ground and placing his knee on her
upper back.
 
Saoutis, who is about to complete his first year on the job with the
Transit Police, was not available for an interview yesterday,
according to Deputy Chief Tim Gronau.

Gronau said his officer properly enforced the law and arrested Aaron
because it was clear she wasn't taking his warning seriously.
 
"We're not either pro or negative cell phones," he said. "The issue is
[that] the volume of her conversation, coupled with the language, is
not conducive to socially accepted standards of behavior."

*** FAIR USE NOTICE. This message contains copyrighted material the
use of which has not been specifically authorized by the copyright
owner. This Internet discussion group is making it available without
profit to group members who have expressed a prior interest in
receiving the included information in their efforts to advance the
understanding of literary, educational, political, and economic
issues, for non-profit research and educational purposes only. I
believe that this constitutes a 'fair use' of the copyrighted material
as provided for in section 107 of the U.S.  Copyright Law. If you wish
to use this copyrighted material for purposes of your own that go
beyond 'fair use,' you must obtain permission from the copyright
owner, in this instance Washington Post.

For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

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

From: hancock4@bbs.cpcn.com (Jeff nor Lisa)
Subject: Re: BART Cop Orders Radio Turned Off to Protect Trains
Date: 30 Sep 2004 08:35:14 -0700
Organization: http://groups.google.com


George Mitchell <george@coventry.m5p.com> wrote

> Lisa Hancock wrote:

>> As to the claim BART radios were "special" years ago, there is 
>> definitely truth to that.  BART's original train control system
>> had many problems, including a train that ignored a stop signal
>> and flew off at a terminal into the parking lot.

Let me clarify the above paragraph.  By 'radios' I meant the train
control system, not the audio communication system.

BART uses automated train operation and protection.  The speed and
stopping of trains is controlled by signals sent to the train from
wayside transmitters.  A second and critical component of this system
is train protection so that one train does not collide with another.
BART was an early modern automated train system.

The rest of my paragraph is correct.  The original BART system
had pushed the state of the art and had many problems in practice.

[GW continues] 

> This had nothing to do with radios.  The lead car of the train was
> receiving a 27-mph signal from the track.  The system for trans-
> mitting the speed command from the lead car to the rest of the train
> was to transmit one of a specified set of audio frequency signals over
> a wire bus.  However, the crystal in the 27-mph oscillator was cracked
> and oscillated at the 72-mph frequency, causing the train to speed up
> instead of slow down.  The operator was not able to apply the brakes
> in time to stop before reaching the end of the track.

http://www.wws.princeton.edu/cgi-bin/byteserv.prl/~ota/disk3/1976/7614/761406.PD

My point is that BART depends on wireless communications to transmit
speed commands from wayside onto the train AND that BART had many
problems with this system.  The above example is just one of many
problems they had to deal with.

Concerning the above problem, I'm surprised that a broken crystal (do
crystals even break that easily?) would just so happen to send out a
different valid signal.  In Bell System signalling, they were very
careful to avoid harmonic frequencies or any frequencies as well as
pulse coding that could be misinterpreted as something else.  Note
that Touch Tone signals use two-tones, not just one.  This kind of
safety design goes back to the 1940s.  Likewise, in more traditional
railroad signalling, the pulse codes were carefully designed and
implemented with very rugged gear to avoid misinterpretation.  If a
failure occurs, it is interpreted as a stop signal.  (BART chose to
not use traditional railroad technology.)

Anyway, a stray or errant signal could and did cause a BART train
wreck.  Naturally BART mgmt would be interested in preventing such
problems.  On other automated rail systems, a positive read of a
specific signal is required to proceed, the failure to receive that
signal stops the train.

As someone else explained, superhet radio receivers retransmit a
signal, and this signal happens to interfere with navigation.  Well, a
radio that is actually transmitting could send out similar signal
interference.

As to the current issue, walkie-talkies are transmitters, and as such,
send out signals obviously stronger than within a receiver's superhet
circuits.  It is possible that such signals either directly or through
distortion/harmonics could interfere with normal train control.  While
a wreck is unlikely, it could force a train into an emergency stop
between stations, which is obviously undesirable.

Until such time that modern walkie-talkies would be tested to ensure
their signals do not and cannot interfere with train control and train
protection, they should not be permitted to be used on BART.

The other question about whether this was a single cop's own
interpretation or mgmt policy is significant as well.  If it is just
one cop, that one cop needs to be disciplined and retrained, but mgmt
policy need not be changed.

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

Date: 30 Sep 2004 02:13:33 -0000
From: John Levine <johnl@iecc.com>
Subject: Re: Paper Tape Technology Was: What is the Name of #? 
Organization: I.E.C.C., Trumansburg NY USA


> As an undergrad at Harvard, Bill Gates wrote software to read and
> count these punched holes (a task complicated slightly by the fact
> that they are randomly spaced along the paper tape) and set up a
> company ("Traf-O-Data", I believe) located in his dorm room which
> received these tapes, read them using bootlegged time on Aiken's early
> Harvard University computer facility, and sent back printed reports to
> traffic engineers all over the company.

Gates and Allen did run Traf-O-Data, but the rest is wrong.  Since
Bill is 48 years old, when would he have been at Harvard?  When was
Aiken doing the Mark I through Mark IV?  Sheesh.

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

From: Steve Sobol <sjsobol@JustThe.net>
Subject: Re: Calls to 711 (Deaf Message Service) Are Being Blocked
Date: Wed, 29 Sep 2004 20:06:33 -0700
Organization: Glorb Internet Services, http://www.glorb.com


Jim Willis wrote:

> I have read the digest off and on over the years and I have searched the
> archives and don't see this question right off.

> A deaf person moved into a care facility and they asked me to see what
> was up when they could not get the relay service. They pay $20.00
> monthly for phone service that goes through a PBX/CENTREX -- (Dial 9
> before number you are calling) Long distance is ok -- you will be
> billed for it as an incidental on your bill.

> If you dial 9-711 the call does not complete. All other long distance
> and local calls and toll free calls complete.

Try 711.

If that doesn't work, the managed-care staff needs to get it
working. If not ... well, you could possibly file a complaint with the
government regarding ADA violations. Maybe. (Just pulling that idea
out of my butt; not sure whether or not it'd work.)

> Is this a common programming bug on PBX/CENTREX ? Has anyone run into
> this kind of thing before in the USA or CANADA ?

You can generally program a PBX any way you want to (which is why, for
example, on one system you dial 9 to get an outside line and on
another you might dial 8, etc).

If it's Centrex through a phone company, there is no reason they
shouldn't allow 711 and if they don't, they need to be reported to
your state's regulatory board/PUC. I'm pretty sure 711 is a
requirement these days (though I could definitely be wrong).


JustThe.net Internet & New Media Services, http://JustThe.net/
Steven J. Sobol, Geek In Charge / 888.480.4NET (4638) / sjsobol@JustThe.net
PGP Key available from your friendly local key server (0xE3AE35ED)
Apple Valley, California     Nothing scares me anymore. I have three kids.

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

From: Al Gillis <alg@aracnet.com>
Subject: Re: Calls to 711 (Deaf Message Service) Are Being Blocked
Date: Wed, 29 Sep 2004 21:07:31 -0700
Organization: http://extra.newsguy.com


Hi Jim,

Failure to complete calls to the 711 Relay service in that area is
more than likely a routing problem in the PBX serving the care
facility.  I find it a little odd, however, that such a place would
allow access to 711 services to go for long before they complained
bitterly to their maintenance provider (or maybe they don't have
one?).

The PBX systems I manage all allow access to the 711 and 511 (road
conditions in Oregon) services. It's a simple matter of programming!
Make 'em fix it!

Another (unlikely) possibility is that the care facility may be located
where no hard of hearing relay service is available.

Al

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

From: Joseph <JoeOfSeattle@yahoo.com>
Subject: Is CDT Now Open to All Sales Pitches?
Date: Wed, 29 Sep 2004 19:12:23 -0700
Reply-To: JoeOfSeattle@yahoo.com


Is comp.dcom.telecom now open to anyone who wants to hawk any wares
they want?

[TELECOM Digest Editor's Note: No indeed, it is not. There are
commercial-oriented telecom groups which allow that, such as Yahoo
News Groups (some of them) and various alt newsgroups. The only
casual commercial messages allowed in comp.dcom.telecom are those
which have a direct relevance to a recent question posed here (for
example, how can I find cheap calling cards, or [like the one in 
this issue] on prepaid cellular service), and my preference on 
publishing what little I do of those is given to regular participants
in c.d.t. who happen to own that type of business or shop, and not
just 'anyone' coming along with that type of advertisement. PAT]           

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

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End of TELECOM Digest V23 #457
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