EFFector Vol. 23, No. 20 July 26, 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 542nd issue: * EFF SECURES HUGE WIN FOR INNOVATION, FREE EXPRESSION AND CREATIVITY!! EFF won three critical exemptions to the Digital Millennium Copyright Act (DMCA) anticircumvention provisions, carving out new legal protections for consumers who modify their cell phones and artists who remix videos -- people who, until now, could have been sued for their non-infringing or fair use activities. "By granting all of EFF's applications, the Copyright Office and Librarian of Congress have taken three important steps to mitigate some of the harms caused by the DMCA," said Jennifer Granick, EFF's Civil Liberties Director. "We are thrilled to have helped free jailbreakers, unlockers and vidders from this law's overbroad reach." For the full press release and link to the order: https://www.eff.org/press/archives/2010/07/26 For the full rulemaking order: https://www.eff.org/files/filenode/dmca_2009/RM-2008-8.pdf To learn more about DMCA rulemaking: http://www.eff.org/issues/dmca-rulemaking * EFF AT BLACKHAT AND DEFCON Join EFF this week in Las Vegas at Black Hat USA 2010 and DEF CON 18. There is still time to register, and EFF supporters receive a 25% discount on Black Hat registration. For more information on where to find EFF, go to: https://www.eff.org/deeplinks/2010/07/eff-black-hat-and-def-con : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * Recording Industry Giant Tries to Undermine 'Safe Harbor' Rules For Online Video Sites EFF and a coalition of nonprofit groups have asked a federal appeals court to protect the "safe harbor" rules for online video service providers that encourage free expression and innovation on the Internet. https://www.eff.org/press/archives/2010/07/26-0 * Court: Violating Terms of Service Is Not a Crime, But Bypassing Technical Barriers Might Be Good news: another federal judge has ruled that violating a website's terms of service is not a crime. But there's bad news, too -- the court also found that bypassing technical or code-based barriers intended to limit access to or uses of a website may violate California's computer crime law. https://www.eff.org/deeplinks/2010/07/court-violating-terms-service-not-crime-bypassing * Real ID Online? New Federal Online Identity Plan Raises Privacy and Free Speech Concerns The White House released a draft of a troubling plan that would require pervasive, authenticated digital IDs while barely mentioning the unprecedented threat such a scheme would pose to privacy and free speech online. https://www.eff.org/deeplinks/2010/07/real-id-online-new-federal-online-identity-plan * Court Fails to Protect Privacy of Whistleblower's Email Relying on a legal doctrine called qualified immunity, the Eleventh Circuit Court of Appeals held that a whistleblower's privacy interest in his email messages stored at his ISP was not "clearly established," and therefore his claim against a prosecutor who used a sham grand jury subpoena to obtain those emails could not proceed. https://www.eff.org/deeplinks/2010/07/court-corrects-bad-email-privacy-decision-ducks * San Mateo D.A. Withdraws Controversial Gizmodo iPhone Warrant San Mateo Superior Court Judge Clifford Cretan granted an application by the San Mateo County D.A.'s office to withdraw the controversial warrant it obtained to search the house of Gizmodo.com journalist Jason Chen. https://www.eff.org/deeplinks/2010/07/san-mateo-da-withdraws-gizmodo-iphone-warrant * EU Authorities: Implementation of Net Surveillance Directive Is Unlawful In a landmark announcement, data protection officials across the European Union found that the way EU Member States implemented the data retention obligations in the 2006 EU Data Retention Directive was unlawful. https://www.eff.org/deeplinks/2010/07/eu-authorities : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Washington Post Series: Top Secret America In a 3-part series, the Washington Post examined the growth of the intelligence community over the last decade: "A hidden world, growing beyond control." http://projects.washingtonpost.com/top-secret-america/ ~ Could the EU Walk Away From ACTA? Michael Geist on the growing rift between the US and the EU on ACTA's details. http://www.michaelgeist.ca/content/view/5224/125 ~ The BookLiberator Project BookLiberator is a newly-announced set of open-source software and hardware to digitize books. http://bookliberator.com/doku.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements *EFF at Open Science Summit in Berkeley Join us at the first Open Science Summit, an attempt to gather all stakeholders who want to liberate our scientific and technological commons to enable a new era of decentralized, distributed innovation to solve humanity's greatest challenges. EFF Staff Activist Richard Esguerra will be on hand at the EFF table to discuss our latest work. Open Science Summit When: Thursday, July 29, 2010 at 4:00 PM through Saturday, July 31, 2010 at 10:00 PM Where: International House University of California, Berkeley 2299 Piedmont Avenue Berkeley, CA 94720-2320 FMI and Registration: http://opensciencesummit.com * 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 position: ~ Senior Copyright Lawyer The Electronic Frontier Foundation (EFF) is seeking a senior-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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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) https://www.eff.org/ Editor: Lori McCoy, Membership/Administrative Assistant lori@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: https://www.eff.org/effector/ Click here to change your email address: https://action.eff.org/addresschange This newsletter is printed on 100% recycled electrons. EFF appreciates your support and respects your privacy. http://www.eff.org/policy
