EFFector Vol. 21, No. 20 June 18, 2008 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 473rd issue: * ACTION ALERT: THE SHAM TELECOM IMMUNITY "COMPROMISE" IS LURKING IN THE WINGS, awaiting the signal for showtime. Though some members of Congress are guilty of selling the bill's telecom immunity provision as a "compromise," there is still time to expose the telecom immunity proposal as a sham and to halt the bill before its too late. Already, some Congressional leaders have expressed concerns, and other influential members have expressed resistance to the scheme. Please join in and make your voice heard to all the members of Congress -- no false compromises for lawbreaking telecoms! http://www.eff.org/action/no-false-compromises * EFF VICTORY UPHOLDS "FIRST SALE" RIGHTS IN PROMO CD CASE! Last week, a federal judge affirmed an eBay seller's right to resell promo CDs bought from secondhand stores, striking down bogus copyright infringement allegations from Universal Music Group. Even though the promo CDs were stamped with licenses attempting to restrict resale, the eBay seller's behavior was protected by the "first sale" doctrine, which says that once the copyright owner sells or gives away a copy of a CD, DVD, or book, the recipient is entitled to resell that copy without seeking permission -- a principle that libraries, used bookstores, and rental businesses are built upon. This ruling is a resounding victory, not only for the first sale doctrine, but for the media-purchasing public at large. http://www.eff.org/deeplinks/2008/06/liberation-day-promo-cds-victory-umg-v-augusto * EFF ASKED A COURT TO CURTAIL SUSPICIONLESS BORDER SEARCHES LAST WEEK alongside the Association of Corporate Travel Executives (ACTE), filing a key amicus brief as part of an ongoing effort to protect digital privacy at the border. In the amicus brief, EFF and ACTE asked the full 9th U.S. Circuit Court of Appeals to rehear and reverse a decision that upheld blanket search and seizure power for border officials. Classic privacy analogies -- critical to expectation of privacy assessments -- are often incompatible with new technology and the way individuals and businesses make use of them. The courts need to recognize a standard that protects the privacy of Americans in the Information Age. http://www.eff.org/press/archives/2008/06/12 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * Check out our Deeplinks blog to see lots of analysis of the new FISA "compromise": HOWTO: Analyze Immunity Provisions in FISA Legislation EFF presents a crystal-clear litmus test applicable to any FISA legislation: "Will the court be able rule on whether the telecoms broke the law?" http://www.eff.org/deeplinks/2008/06/howto-analyze-immunity-provisions-fisa-legislation Report: Deal to Stop Courts From Ruling on Illegal Warrantless Wiretaps Imminent EFF Senior Staff Attorney Kurt Opsahl delivers an update on the status of telecom immunity in FISA and why it matters. http://www.eff.org/deeplinks/2008/06/report-deal-stop-courts-ruling-illegal-warrantless Senators Dodd and Feingold Criticize Bond's False FISA "Compromise" The senators' letter to House and Senate leadership exposes the false "compromise" and argues for a better bill. http://www.eff.org/deeplinks/2008/06/senators-dodd-and-feingold-criticize-bonds-false-f Debunking Republican Spin on Fake Telecom Immunity "Compromise" EFF Activism & Technology Manager Tim Jones unspins the empty telecom immunity compromise rhetoric. http://www.eff.org/deeplinks/2008/06/debunking-republican-spin What Will Happen to Surveillance in August 2008 Using fear to justify expanses to spying laws is a familiar tactic -- EFF demonstrates that there are very few reasons to rush. http://www.eff.org/deeplinks/2008/06/what-will-happen-surveillance-august-2008 Three Media Mistakes on Warrantless Wiretapping Here are three erroneous statements about warrantless wiretapping and surveillance legislation, and the cold, hard facts that should supercede them. http://www.eff.org/deeplinks/2008/06/three-media-mistakes * Anonymity Preserved for Creator of MySpace 'Spoof' Profiles The president of a Chicago suburb has dropped his attempt to obtain the identity of an anonymous MySpace user after EFF filed an amicus brief detailing how the petition violated both the First Amendment and a federal statute that protects the privacy of online users. http://www.eff.org/press/archives/2008/06/13 * Biting the Hand that Feeds (Traffic to) Them The AP plays the copyright card on likely fair uses of its content. http://www.eff.org/deeplinks/2008/06/biting-hand-feeds-traffic-them * The Patent Office Can't Do It All Alone: Public Participation Is Key to Ensuring Patent Quality EFF is releasing a report featuring at least three ways to work toward improving patent quality, including through reexamination. http://www.eff.org/deeplinks/2008/06/patent-office-cant-do-it-all-alone * Sweden and the Borders of the Surveillance State The proposed data-mining of people's communications in Sweden (sound familiar?) is facing massive resistance, especially given the EU's emphasis on privacy. http://www.eff.org/deeplinks/2008/06/sweden-and-borders-surveillance-state : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Selectable Output Control (SOC) for Video Content: It's All About Control Jon Healy explains that the MPAA's petition to the FCC is really about gaining control over the next generation of video technology. http://opinion.latimes.com/bitplayer/2008/06/more-on-movies.html ~ Counter Spy Act -- Pro-Privacy or Anti-Piracy? A new bill in the Senate is designed to fight spyware -- but Ed Foster says it provides a loophole for software makers who would like the ability to remotely disable software that is suspected of being pirated. http://www.gripe2ed.com/scoop/story/2008/6/16/1219/71034 ~ Google to Develop ISP Throttling Detector The Internet giant wants to provide users with tools to detect whether ISP service is being tampered with. http://www.hothardware.com/News/Google_To_Develop_ISP_Throttling_Detector/ ~ alt.toast Verizon has confirmed that it is shutting down some Usenet discussion areas, including the popular alt.* groups. http://news.cnet.com/8301-13578_3-9967119-38.html For more miniLinks: http://www.eff.org/deeplinks/2008/06/minilinks-2008-06-18 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * Music Benefit for EFF tonight in San Francisco! http://www.eff.org/calendar/2008/06/18/sf-wiretap-music-benefit-eff * EFF at Personal Democracy Forum 2008 Visit EFF at Personal Democracy Forum 2008 in New York City on June 23-24, 2008. http://www.eff.org/calendar/2008/06/23/eff-personal-democracy-forum-2008 * EFF at Velocity Velocity is the new O'Reilly conference for people building at Internet scale, taking place on June 23-24, 2008, at the San Francisco Airport Marriott in Burlingame, California. http://www.eff.org/calendar/2008/06/23/eff-velocity-2008 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Richard Esguerra, EFF Activist richard@eff.org Membership & donation queries: membership@eff.org General EFF, legal, policy, or online resources queries: information@eff.org Back issues of EFFector are available at: http://www.eff.org/effector/
