EFFector Vol. 20, No. 2 January 9, 2007 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 408th Issue of EFFector:
- Celebrate EFF's Sweet 16 on January 11 in San Francisco!
- EFF Backs DontDateHimGirl.com in Defamation Case
- Privacy Office Slams Secure Flight Testing
- Help EFF Investigate Invasive Travel Screening Program
- At Year's End, Darknet Still Beats DRM
- Feds Shut Down E-voting Certification Lab
- EFF at CES and Macworld Next Week
- Nominate a Pioneer for EFF's 2007 Pioneer Awards!
- miniLinks (5): BackUpHDDVD Tool Explained by Author
- Administrivia
For more information on EFF activities & alerts: http://www.eff.org/ Make a donation and become an EFF member today! http://secure.eff.org/support Tell a friend about EFF: http://action.eff.org/site/Ecard?ecard_id=1061 effector: n, Computer Sci. A device for producing a desired change. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Defends Right to Link from Wiki Legal Battle Over Controversial Prescription Drug Zyprexa San Francisco - Last week, the Electronic Frontier Foundation defended the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. At the hearing, federal district Judge Jack B. Weinstein refused to change his order blocking publication of material that would "facilitate dissemination" of the Lilly documents. A further hearing on the issue is set for Tuesday, January 16. EFF's client, an anonymous citizen-journalist, posted the links on the wiki located at http://zyprexa.pbwiki.com . Eli Lilly complained, and Judge Weinstein issued his order on January 4. EFF went to court to challenge this order as an unconstitutional prior restraint on free speech in violation of the First Amendment and to ensure that the right of nonparties in the litigation to link to publicly important information remains protected. "Preventing a citizen-journalist from posting links to important health information on a public wiki violates the First Amendment," said EFF Senior Staff Attorney Fred von Lohmann. "Eli Lilly's efforts to censor these documents off the Internet are particularly outrageous in light of the information reported by The New York Times, which suggests that doctors and patients who use Zyprexa need to know the information contained in those documents." According to The New York Times reports, the Eli Lilly documents show that the company intentionally downplayed the drug's side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for "off-label" uses not approved by the Food and Drug Administration (FDA). The documents were leaked from the ongoing Zyprexa products liability lawsuit, where Weinstein is the presiding judge. Copies of the leaked Eli Lilly documents have appeared on a variety of websites and other Internet sources. The links to the documents that were posted on the wiki at http://zyprexa.pbwiki.com/ were part of extensive, in- depth analysis from a number of citizen journalists. A wiki is a website that allows many users to collaborate on its content, creating a kind of simple database for collecting information -- in this case, about the controversy surrounding Zyprexa. Zyprexa is Eli Lilly's best selling drug, used to treat schizophrenia and bipolar disorder. Last week, Eli Lilly agreed to pay up to $500 million to settle claims relating to Zyprexa. This latest settlement brings the total paid by Eli Lilly to resolve lawsuits involving Zyprexa to more than $1.2 billion. For the full motion filed in the Zyprexa products liability litigation: http://www.eff.org/legal/cases/zyprexa/zyprexa_motion.pdf For the court's order of January 4: http://eff.org/legal/cases/zyprexa/jan4_order.pdf For this release: http://www.eff.org/news/archives/2007_01.php#005058 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Having Trouble at the Border? EFF Wants Your Stories Have you had any difficulties entering or leaving the United States? If so, EFF would like to hear from you. After focusing attention on the Department of Homeland Security's secret Automated Targeting System (ATS), we're keen to uncover and document its effect on the law-abiding public. We're interested in hearing from any travelers who have had repeated problems at the border or have been told by government agents that they are on a "list" or that there is some unexplained "problem" that needs to be resolved. Please share your story with us by writing travel@eff.org and providing as much detail as possible. We will treat all responses confidentially and may contact you to follow-up. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * House Encourages Florida Court to Allow Access to E-voting Source Code, Hardware A key member of the House of Representatives has weighed in on the disputed Florida Congressional election, saying that not only the litigants but the House itself would benefit from more open discovery. Last Thursday, the incoming Chairwoman of the House Administration Committee, which has the responsibility for evaluating any House election contest, submitted a letter to the Florida First District Court of Appeal expressing concern with the inability of the Plaintiffs to pursue their claims. In her letter, Chairwoman Millender-McDonald (D-CA) stated: "It is [...] of concern that the parties have been unable to agree upon, and that, on December 29th, the lower court declined to order, the requested access to the hardware and software (including the source code) needed to test the contestant's central claim: voting machine malfunction." Millender-McDonald went on to note that: "[T]he House is well served in its own deliberations by having before it a complete record. Consequently, Florida law will facilitate the evaluation of the election contest pending before the House to the extent that it provides access to relevant and critical evidence. I am confident that this can be done in a way that accommodates the valid interests of the parties, and resolution of these issues may obviate the need for the House to address them." Millender-McDonald's letter strongly supports the positions taken by District 13 challenger Christine Jennings as well as the 11 Sarasota voters (represented by EFF, VoterAction, People for the American Way Foundation, and the ACLU of Florida) in their separate suit. Florida voters deserve and Florida law requires that challengers be given an opportunity to fully investigate legitimate claims that call into question the integrity of election results. On December 29, 2006, the trial court denied the Plaintiffs' motions to compel the production of hardware, software, and documentation that would allow the cases to move forward. The Court of Appeals is considering an appeal that was filed this week. (See above for more details.) For Millender-McDonald's letter: http://www.eff.org/Activism/E-voting/florida/houseadminletter.pdf : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Reminder: Celebrate EFF's Sweet 16 on January 11 in San Francisco - and Visit Us at Macworld! Join EFF for a birthday bash to celebrate 16 years fighting for your rights. The party will be on January 11, 7-10 PM, at 111 Minna Gallery in San Francisco. DJ Ripley and Kid Kameleon will be keeping the dance floor hopping all night long. A $20 donation gets you in the door. No one will be turned away for lack of funds, and all proceeds go toward our work defending your digital freedom. What: EFF Sweet 16 Party When: January 11, 2007 7-10 PM Where: 111 Minna Gallery 111 Minna Street San Francisco, CA 94105 www.111minnagallery.com Tel: (415) 974-1719 This fundraiser is open to the general public. 21+ only, cash bar. Please RSVP to events@eff.org For DJ Ripley: http://djripley.blogspot.com/ For Kid Kameleon: http://www.kidkameleon.com/ Just around the corner, EFF has a booth at San Francisco's Macworld Conference & Expo on January 9-12. We're in booth 3102, so please stop by and grab some swag during exhibit hours -- we look forward to seeing you! For more about Macworld: http://www.macworldexpo.com : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Florida Voters Challenge Judge's Shutdown of Election Investigation Ruling Impedes Search for Answers in Sarasota County Congressional Race Tallahassee, Fla. - A bipartisan group of Florida voters has challenged a court ruling that is preventing a thorough, independent investigation into alleged voting machine failures in the state's 13th congressional district race. The appeal asks for a reversal of a prior ruling that allowed electronic voting machine vendor Election Systems & Software (ES&S) to keep its software, hardware, and related documentation hidden from the voters -- even though experts from both sides agree that something went seriously awry during November's election. "The court wrongly decided that the voters' legitimate demand to determine who won their election was less important than the remote possibility that an independent investigation by nationally-recognized experts would harm the trade secrets of the vendor," said EFF Staff Attorney Matt Zimmerman. "The court could easily have addressed the vendor's concerns the same way trade secret concerns are usually handled in litigation -- by simply issuing a protective order that set limited use of the information to the litigation. The judge had the power to protect the interests of all parties. Unfortunately, in this case, he decided not to use it." According to the electronic voting machines used during the November general election, more than 18,000 people in Sarasota County -- approximately 15% of the voter turnout - - did not cast a vote for any congressional candidate for the hotly contested seat. Instead of performing a robust analysis of the county's voting machines and software, the Florida Elections Canvassing Commission certified Vern Buchanan as the winner by 363 votes. EFF, VoterAction, People for the American Way Foundation, and the ACLU Foundation of Florida represent 11 Sarasota voters seeking an investigation into likely voting machine malfunctions and a re-vote if lost votes cannot be recovered. The suit is nonpartisan and not affiliated with either candidate from the race. For the full request for appeal: http://www.eff.org/Activism/E-voting/florida/plaintiffs_joinder.pdf For this release: http://www.eff.org/news/archives/2007_01.php#005059 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Sununu: FCC Tech Mandates Must Be Banned Republican Senator proposes law that would stop broadcast, audio flags in their tracks. http://www.sununu.senate.gov/pressapp/record.cfm?id=267281&&year=2007& ~ How to Save the Classics If libraries dump the classics, the real solution is the public domain. http://www.matthewyglesias.com/archives/2007/01/how_to_save_the_classics/ ~ Sealand for Sale One used crypto-utopia, going cheap. http://www.timesonline.co.uk/article/0,,2-2536497,00.html ~ Studios OK DeCSS on Movie Downloads Requires new blank DVDs, new burners - and probably reprogramming of the audience's wishes. http://www.cnn.com/2007/TECH/internet/01/04/movie.downloading.ap/index.html ~ Eight Internet Losers in 2006 With the Goodmail furor and its Data Valdez, AOL tops the charts, beating even Senator Stevens. http://www.webpronews.com/topnews/topnews/wpn-60-20061221EightInternetLosersIn2006.html ~ Face Recognition for Photo Searches Sparks Privacy Fears Growing concerns over new pattern-matching technologies. http://news.nationalgeographic.com/news/2007/01/070105-photo-search.html ~ Music Business Set to Relax Digital Restrictions More indications that DRM has reached its high-tide mark: though the flood damage will take years to fix. http://news.yahoo.com/s/nm/20070102/wr_nm/digital_dc ~ New Lawsuits Challenge Apple's DRM Antitrust versus DRM. http://macdailynews.com/index.php/weblog/comments/12161/ ~ Ed Felten's World of the (Near) Future He and his team give their predictions for 2007. http://www.freedom-to-tinker.com/?p=1103 ~ Gerald Ford: Privacy Godfather? President Ford's mixed attempts to fix privacy in the United States. http://www.pogowasright.org/article.php?story=20070105082458937 ~ Italian Law Mandates Content Blocking Italian ISPs are required to block sites within six hours of being told to do so -but is that compatible with EU law? http://publicaffairs.linx.net/news/?p=622 ~ Sony Fined by French Court for DRM Music Sony's use of its ATRAC DRM on its online music store was an illegal tying practice, says French court. http://technollama.blogspot.com/2007/01/sony-fined-by-french-court-for-drm.html : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Administrivia EFFector is published by: The Electronic Frontier Foundation 454 Shotwell Street San Francisco CA 94110-1914 USA +1 415 436 9333 (voice) +1 415 436 9993 (fax) http://www.eff.org/ Editor: Danny O'Brien, Activism Coordinator danny@eff.org Membership & donation queries: membership@eff.org General EFF, legal, policy, or online resources queries: information@eff.org Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements & articles may be reproduced individually at will. Current and back issues of EFFector are available via the Web at: http://www.eff.org/effector/ This newsletter is printed on 100% recycled electrons.
