EFFector 23.17: Judge Orders User-Friendly Notices for John Does Targeted by USCG Dragnet EFFector Vol. 23, No. 17 July 1, 2010 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 effector: n, Computer Sci. A device for producing a desired change. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 539th issue: *THOUSANDS OF ISP SUBSCRIBERS TARGETED IN MASS COPYRIGHT INFRINGEMENT LAWSUITS WILL HAVE A BETTER SHOT AT DEFENDING THEMSELVES after a federal judge held on Wednesday that they needed to be notified that their information was being released by their ISPs and informed of their legal options, such as the option to challenge jurisdiction. The judge ordered lawyers from the U.S. Copyright Group (USCG) to work with Time Warner Cable (TWC), EFF, the ACLU and Public Citizen to draft a notice for ISPs to send to subscribers when their information is being subpoenaed. For more information about Wednesday's hearing in DC: https://www.eff.org/deeplinks/2010/06/judge-orders-user-friendly-notices-does-targeted *Last week, a federal judge rejected the efforts of Viacom and other copyright owners to hold YouTube responsible for infringing material uploaded by a tiny minority of YouTube users. EFF and a coalition of public interest and industry groups had filed an amicus brief supporting YouTube in the case. The ruling is the latest in a series of court rulings upholding the Digital Millennium Copyright Act (DMCA) safe harbors against persistent attacks by the entertainment industry. For more information about the case: https://www.eff.org/deeplinks/2010/06/youtube-wins-summary-judgment-viacom-dmca : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * EU Action Alert: Urge Your MEP to Take a Stand for the Internet Written Declaration 12 asks EU negotiators to ensure that ACTA respects European citizens' fundamental rights to freedom of expression and privacy - and opposes provisions that would encourage Internet intermediaries to engage in surveillance or filtering of all Internet users' communications for potential copyright-infringing material. If 369 members of the European Parliament sign this declaration before July 8, it will become the official opinion of the European Parliament and send a strong message to the EU ACTA negotiators. Approximagely 253 MEPs have signed so far, but 116 MEP signatures are still needed - particularly from MEPs in Germany, the U.K., Italy and Poland. https://www.eff.org/action/eu-action-alert-urge-your-mep-take-stand-internet-acta * Bilski v. Kappos: The Supreme Court Declines to Prohibit Business Method Patents Ending months of anticipation, this week the U.S. Supreme Court finally issued a ruling in a business method patent case that, many hoped, would have the Court sharply limit, or at least offer clear guidance on, how business method patents are to be judged in the future. Unfortunately, the Court did neither one. https://www.eff.org/deeplinks/2010/06/bilski-v-kappos-supreme-court-declines-prohibit * Another Bad Week for Free Expression on the Internet Afghanistan joined Pakistan and Turkey in shutting down key parts of the Internet. https://www.eff.org/deeplinks/2010/06/another-bad-week-free-expression-internet * Henley v. DeVore: Second Class Citizenship for Satire? Two political advertisements featuring the songs "The Hope of November" and "All She Wants to Do Is Tax" were core political speech, the most protected form of speech under the First Amendment. Yet the court blocked them, relying on copyright law. What happened? https://www.eff.org/deeplinks/2010/06/henley-v-devore-second-class-citizenship-satire * Apple, Give Us a "Freedom of Choice" Button Just as you get to choose whatever after-market modification you want to make to your car, whatever disk drive you want to add to your mainframe, and whatever third party add-on you want for your software, you should be able to choose the apps and hardware you want for your iPhone. You should be able to choose your network provider. And you should be able to leave the walled garden and continue to use your device after you've moved on. This is about end-user choice, and Apple doesn't seem to believe you deserve any. https://www.eff.org/deeplinks/2010/06/eff-nothing-new-about-iphones-closed-platform * IPEC Releases "Strategic Plan on Intellectual Property Enforcement" The Obama Administration's Intellectual Property Enforcement Coordinator (IPEC) has released the "Joint Strategic Plan on Intellectual Property Enforcement" with 33 enforcement action items including THE one to watch: a 120-day "comprehensive review of existing intellectual property laws to determine needed legislative changes." https://www.eff.org/deeplinks/2010/06/ipec-releases-strategic-plan-intellectual-property * It's Your Data, It's Your Bot: It's Not a Crime Can public websites decide who is and is not a criminal through their terms of service? An amicus brief EFF files in Facebook v. Power Ventures argues no. https://www.eff.org/deeplinks/2010/06/its-your-data-its-your-bot-its-not-crime : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Justice Stevens: No Patents for Business Methods The outgoing Supreme Court justice on the Bilski ruling and business methods patents. ~ ASCAP's New Fundraising Plea ASCAP asks for money to fight EFF, Creative Commons and Public Knowledge. ~ Mobile Phones = Mobile Tracking Devices ACLU's Catherine Crump explains why we need to protect cell phone location data from government abuse. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements *Sita Sings The Blues: A Benefit Screening Hosted by Nina Paley on July 20, 2010 Join the Electronic Frontier Foundation and the Cartoon Art Museum for a special evening with Nina Paley as we screen her award-winning animated feature film "Sita Sings the Blues," described by the creator as "the greatest breakup story ever told." Paley animated and produced the film single-handedly over the course of five years on a home computer, and she will be on hand to take filmgoers behind the scenes. Nina will also screen three of her Minute Memes, a series of animated shorts about intellectual freedom, including the premiere of a new cartoon created by Nina especially for the Electronic Frontier Foundation. The benefit screening will take place at the Delancey Street Foundation Screening Room at 600 The Embarcadero, San Francisco, CA 94107, on Tuesday, July 20, 2010. Doors open at 6:30 PM. Film begins at 7 PM. Advance tickets may be purchased online for $25 at http://action.eff.org/ninapaley , or for $30 at the door the night of the screening. No food or drink is permitted in the screening room. * DEFCON 18 Getaway Final Results! Congratulations to First Place winner Shawn Merdinger, who raised $2,560 for EFF, Second Place winner Art Conklin, who raised $2,100, and Third Place winning team Holy Handgrenades, which raised $1,040. In addition, all fundraising captains who raised more than $200 will receive a limited edition Defcon 18 "Things to Hack" t-shirt. Thank you to all of the contestants and supporters for raising a total of $9,746 for EFF! Special thanks to our Defcon 18 Getaway Contest Prize Donors: - Dark Tangent and Defcon - Vegas 2. - iSEC Partners - Ninja Networks And thanks to our Defcon 18 Getaway Contest Sponsors for their crucial support: -Tenable - iSEC Partners - IOActive * Awesomeness Wins EFF's Third Annual Trivia Night Congratulations to "Reasonable Expectation of Awesomeness" (REA) for its First Place finish at EFF's Third Annual Cyberlaw Pub Quiz Trivia Night. Tied after seven rounds of legal trivia questions, REA pulled ahead of "Feist, Feist Baby" in the tie-breaking round. Third Place finisher "Consumer Watchdog Watchdog" came in less than a point behind. The evening was highly competitive, with all teams keeping up the pressure until the very end. Held each summer, the EFF Cyberlaw Pub Quiz poses legal trivia questions drawn from various aspects of cyberlaw, including free speech, privacy, and intellectual property. Participants come from law firms, tech companies, academia and non-profits with a deep and abiding interest in the trivial aspects of the intersection of law and technology. EFF thanks all participants for making this year's quiz a fun and exciting event for everyone. If your company or firm is interested in getting involved with next year's event, contact Aaron Jue at aaron@eff.org. * Nominate a Pioneer for EFF's 2010 Pioneer Awards! EFF established the Pioneer Awards to recognize leaders on the electronic frontier who are extending freedom and innovation in the realm of information technology. This is your opportunity to nominate a deserving individual or group to receive a Pioneer Award for 2010. The International Pioneer Awards nominations are open to individuals and organizations from any country. Nominations are reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology. https://www.eff.org/awards/pioneer/ How to Nominate Someone for a 2010 Pioneer Award: You may submit as many nominations as you wish! This year we've made it possible for you to nominate someone using our online nomination form. We also welcome nominations via email, but please use one form or email per nomination. If emailing entries, please submit your entries via email to pioneer@eff.org. We will accept nominations until August 9, 2010. Simply tell us: 1. The name of the nominee, 2. The phone number, email address or website by which the nominee can be reached, and, most important, 3. Why you feel the nominee deserves the award. Nominee Criteria: There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply: 1. The nominees must have contributed substantially to the health, growth, accessibility, or freedom of computer-based communications. 2. To be valid, all nominations must contain your reason, however brief, for nominating the individual or organization and a means of contacting the nominee. In addition, while anonymous nominations will be accepted, ideally we'd like to contact the nominating parties in case we need further information. 3. The contribution may be technical, social, economic, or cultural. 4. Nominations may be of individuals, systems, or organizations in the private or public sectors. 5. Anyone may nominate a potential Pioneer Award recipient, and you may nominate more than one recipient. You may also nominate yourself or your organization. Please send separate email messages for each nominee. 6. Anyone can receive a Pioneer Award except: - current members of EFF's staff - current members of EFF's operating board - current Pioneer Award judges - past Pioneer Award recipients 7. Persons or representatives of organizations receiving an EFF Pioneer Award will be invited to attend the ceremony at EFF's expense. More on the EFF Pioneer Awards: https://www.eff.org/awards/pioneer/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Dream Job Alert! EFF is looking to fill the following positions: ~ Senior Copyright Lawyer EFF is seeking asenior-level copyright attorney. Responsibilities will include litigation, public speaking, blogging, media outreach, and legislative and regulatory matters related to a variety of high technology legal issues. Qualified candidates will have at least five years of experience working in copyright law, including an in-depth knowledge of the Digital Millennium Copyright Act (DMCA) sections 512 and 1201. Candidates should also have significant experience in at least one of the following specialties: trademark law, trade secret law, and/or patent law. Litigation experience is required, including significant experience managing both overall case strategy and day-to-day projects and deadlines. Candidates should have good communication skills and an interest in working with a team of highly motivated lawyers and activists in a hard-working nonprofit environment. Strong writing and analytical skills, as well as the ability to be self-motivated and focused, are essential. Tech savviness and a familiarity with Internet civil liberties and high tech public interest issues is strongly preferred. This position is based in San Francisco. Interested applicants should submit a resume and references to ipjob@eff.org. ~ Open Government Attorney EFF is seeking a staff attorney to join its FOIA Litigation for Accountable Government (FLAG) Project. Responsibilities will include filing Freedom of Information Act (FOIA) requests and handling follow-up litigation, public speaking, media outreach, and legislative and regulatory advocacy, all in connection with the FOIA and open government issues. The staff attorney will also directly supervise a deferred associate or volunteer working on the FLAG Project. The ideal candidate will possess these qualifications: - Demonstrated interest in, and knowledge of, civil liberties issues involving emerging technologies. - At least four years of litigation experience, including significant experience managing cases, overall case strategy and day-to-day projects and deadlines. Specific FOIA litigation experience is desirable, but not required. - Excellent writing and communications skills, preferably with a track record of blogging, investigative reporting, or other similar activity. - Ability to manage and organize large quantities of documentary materials. - Familiarity with basic information technology tools. Candidates should have good communication skills and interest in working with a team of highly motivated lawyers and activists in a hard-working nonprofit environment. This position is based in San Francisco. Interested applicants should submit a resume, writing sample, and references to FOIAjob@eff.org.
