EFFector Vol. 22, No. 13 May 1, 2009 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 508th issue: * EFF HAS FILED SUIT AGAINST APPLE COMPUTER, INC., TO DEFEND THE FIRST AMENDMENT rights of an operator of a public Internet "wiki" site known as BluWiki. The site is entirely noncommercial, operated by OdioWorks as a public service. Late last year, Apple lawyers demanded removal of some of the content on BluWiki, alleging that the discussions constituted copyright infringement and a violation of the DMCA's prohibition on circumventing copy protection measures. The discussions in question focused on how hobbyists might enable iPods and iPhones to work with desktop media management software other than Apple's own iTunes software, such as WinAmp and Songbird. Fearing legal action by Apple, OdioWorks took down the discussions from the BluWiki site. OdioWorks filed the lawsuit in order to vindicate its right to restore those discussions. The suit seeks a declaratory judgment that the discussions do not violate any of the DMCA's anti-circumvention provisions and do not infringe any copyrights owned by Apple. For the full press release: http://www.eff.org/press/archives/2009/04/27 For more on this case: http://www.eff.org/cases/odioworks-v-apple * EFF HAS CALLED ON CONGRESS TO EXAMINE THE INVESTIGATIVE DATA WAREHOUSE (IDW) -- a massive FBI data-mining project that includes a billion records, many of which contain personal information on American citizens. Supporting its request, EFF provided Congress with its new report on IDW, published this week with information obtained through Freedom of Information Act (FOIA) litigation. In August 2006, EFF sought documents about the IDW under the Freedom of Information Act, but the agency has withheld important details about the collection, maintenance, and use of personal information contained in the huge database. The Department of Justice recently told the court that no additional material will be disclosed, despite the Obama administration's new policies on open government. The IDW contains at least 53 datasets and includes more than four times as many unique documents as the Library of Congress. For the press release: http://www.eff.org/press/archives/2009/04/28 For the blog post: http://www.eff.org/deeplinks/2009/04/eff-issues-report-fb : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * Ninth Circuit Issues State Secrets Opinion The Ninth Circuit Court of Appeals rejected the Government's expansive view of the state secrets privilege this week, allowing an "extraordinary rendition" case against Jeppesen Dataplan to proceed. http://www.eff.org/deeplinks/2009/04/ninth-circuit-allows * Hearings on Phone Unlocking, Jailbreaking, DVD Clipping Today the U.S. Copyright Office comes to Stanford Law School to hold hearings on proposed exemptions to the DMCA's prohibition on circumventing technical protection measures. http://www.eff.org/deeplinks/2009/04/dmca-hearings-phone- * RealDVD v. DVD-CCA: The Duel Begins In Earnest Opening shots were fired last week in the RealNetworks v. DVD-CCA case. Unfortunately, the public was excluded from key parts of the battle, when the presiding judge, Marilyn Hall Patel, granted DVD-CCA's request to close the courtroom. http://www.eff.org/deeplinks/2009/04/realdvd-v-dvd-cca-du * Google Book Search Settlement In recent weeks, there have been a number of important developments relating to the Google Book Search settlement, currently awaiting approval before a court in New York. http://www.eff.org/deeplinks/2009/04/google-book-search-s : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Rep. Boucher Pushes Internet Privacy Legislation The Virginia Congressman wants legislation that will protect the public against behavioral advertising and other new technologies. http://www.cqpolitics.com/wmspage.cfm?docid=news-000003103117 ~ Obama's First 100 Days: High Marks for Science, Low for Privacy Wired's Threat Level blog grades the Obama administration on issues of copyright, cyber security, transparency and privacy. http://www.wired.com/threatlevel/2009/04/obama-100-days ~ Lessig Video Gets DMCA Takedown Warner Music issued a DMCA takedown against a video by copyright and DMCA law expert Lawrence Lessig. http://arstechnica.com/tech-policy/news/2009/04/lessig-presentation-on-youtube-hit-with-dmca-takedown-notice.ars For more miniLinks: http://www.eff.org/deeplinks/2009/04/minilinks-2009-04-30 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * Send EFF to CFP! EFF is looking for donations of airline tickets for the Computers, Freedom and Privacy conference and other conferences and speaking engagements. We need at least one round trip ticket from San Francisco to Washington, D.C., for CFP, and we'll certainly need additional tickets throughout the year. If you have enough airline miles for a free ticket and would like to send an EFF staffer to a conference, let us know, and we will help you with the process of making the reservation. Please note that at this time, we are unable to combine miles from multiple individuals. In exchange for a ticket, we can offer a free membership and a mention in EFFector (if you'd like). Please contact info@eff.org if you have a ticket to donate. Thank you Doug Faunt for donating tickets! * EFF's Web 2.0 Compliance Bootcamp Does your company have to contend with the maze of laws dealing with user privacy and publishing user content? Want to do the right thing by the online community that gives your business value, and still fulfill your legal obligations? On May 11, 2009, EFF will reprise its successful one-day session for Internet companies that handle issues arising from users and user-generated content. From DMCA to CDA to ECPA, the law surrounding Internet content can be confusing, especially for the folks who have to decide on the fly whether to let something stay up or take it down, or whether to give their customer's name to the FBI agent on the phone. We will also have additional sessions on open source licensing and employment law for start-ups and small Internet companies. The event is co-sponsored by the Golden Gate University School of Law Intellectual Property Law Center. Topic areas include: * Defamation, harassment, and other accusations of bad behavior * Fair use, free culture, and the right to remix * Copyright take-downs and put-backs * How to respond to cops, crooks, and courts who want your customers' communications and other private information * Anonymous speakers * Porn, predators, and the pressure to police * Open source issues * Employment basics for start-ups Where: Golden Gate University School of Law 536 Mission Street San Francisco CA, 94105-2968 How much: $300. Google has generously offered to sponsor some attendees who cannot afford the $300 price. Please send a short paragraph about why you need the scholarship assistance to bootcamp@eff.org. We will evaluate all applicants and get back to you a week before the event. For more information: http://www.eff.org/bootcamp/ To sign up: http://secure.eff.org/bootcamp : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Sara Bassett, Membership Services Assistant sara@eff.org Membership & donation queries: membership@eff.org To support EFF: secure.eff.org/donate General EFF, legal, policy, or online resources queries: information@eff.org Back issues of EFFector are available at: http://www.eff.org/effector/
