EFFector Vol. 21, No. 22 July 3, 2008 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 475th issue: * ACTION ALERT: CELEBRATE THE 4TH BY TELLING YOUR SENATORS, "DON'T SHRED THE CONSTITUTION -- REJECT TELECOM IMMUNITY!" Now that the House has passed the FISA Amendments Act (FAA), the Senate is the last front remaining in the battle against granting immunity to telecom lawbreakers. When the Senate reconvenes early next week, every vote counts. This may be the last chance to urge your Senators to vote against the FISA Amendments Act and to support key amendments that would eliminate or weaken telecom immunity provisions. Contact your Senators today! http://action.eff.org/site/Advocacy?id=389 * BREAKING NEWS: COURT HOLDS THAT FISA PREEMPTS THE STATE SECRETS PRIVILEGE. Yesterday, Chief Judge Vaughn Walker of the Northern District of California issued an opinion in Al Haramain v. Bush, one of the cases challenging the NSA warrantless wiretapping program. The Court held that FISA preempts the state secrets privilege and that the President's authorities under Article II of the Constitution do not give him the power to overrule FISA. This decision dramatically undermines key arguments for telecom immunity on the eve of the Senate vote on the FISA bill, set for next week. http://www.eff.org/deeplinks/2008/07/new-decision-immunity-myths * IN THE ONGOING EFFORT TO PROTECT TRAVELERS' PRIVACY, EFF filed suit on behalf of a member of the European Parliament demanding the release of personal records gathered during her international travels. The US government has repeatedly claimed that any person can obtain her records through a Freedom of Information Act (FOIA) request -- but so far the agencies have failed to comply with the requests as required by federal law. The EFF lawsuit was filed mere days after the disclosure that the US and the European Union may soon finalize an agreement authorizing the exchange of large amounts of personal data. http://www.eff.org/press/archives/2008/07/01 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * Check the Deeplinks blog for analysis of the latest efforts to stop telecom immunity. ~ A Brief Reprieve on FISA: What Now? With mere days until the Senate is scheduled to vote on the FISA Amendments Act, EFF takes a look at three tactics that could help change the game. http://www.eff.org/deeplinks/2008/06/what-now ~ EFF Supports Senator Bingaman's Immunity Amendment: Congress Should Know What It Is Immunizing One particular amendment to the FISA Amendments Act could be a game-changer that prevents Congress from granting immunity in the dark. http://www.eff.org/deeplinks/2008/06/bingaman-amendment ~ Senator Hatch and Tinfoil Hats Supporters of the flawed surveillance bill have resorted to name-calling, as seen in this odd statement from the Senate floor. http://www.eff.org/deeplinks/2008/07/senator-hatch-tinfoil-hats * Court Ruling Will Expose Viewing Habits of YouTube Users In the Viacom v. Google case, the court has ordered Google to produce data from video viewing logs. http://www.eff.org/deeplinks/2008/07/court-ruling-will-expose-viewing-habits-youtube-us * Legal Filesharing on Campus? Recent UC Berkeley School of Information graduates Matt Earp and Andrew McDiarmid have produced an excellent masters thesis on how a legal, university-based filesharing system might work. http://www.eff.org/deeplinks/2008/07/how-make-filesharing-legal * Surveilling Drivers for Safety, for the Environment, and for Profit There is a growing movement to surveil the drivers of cars -- for insurance purposes. http://www.eff.org/deeplinks/2008/06/surveilling-drivers : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Is the Gov't Tracking Us Through Our Cellphones? Lawsuit Seeks Answers A lawsuit brought by EFF and the ACLU seeks to force release of documents on cellphone tracking. http://bits.blogs.nytimes.com/2008/07/01/is-the-government-tracking-us-through-our-cellphones-lawsuit-seeks-answers/ ~ Warning to Copyright Enforcement Nuts: 3 Strikes and *You're* Out EFF Fellow Cory Doctorow has a modest proposal to punish serial abusers of copyright law. http://www.guardian.co.uk/technology/2008/jul/01/internet.copyright ~ RIAA Requests Internet Filtering in International Treaty The ACTA treaty is too secret for the public to see, but the RIAA has been able to make suggestions -- including gutting "safe harbor" provisions that protect ISPs. http://arstechnica.com/news.ars/post/20080630-inside-the-riaas-acta-wishlist.html For more miniLinks: http://www.eff.org/deeplinks/2008/07/minilinks-2008-07-02 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * Stop by the EFF Booth at the O'Reilly Open Source Convention (OSCON) Now in its tenth year, OSCON is a vibrant meeting ground for the open source community, taking place on July 21-25 at the Oregon Convention Center, Portland Oregon. http://en.oreilly.com/oscon2008/public/content/home * Visit EFF at the 2008 Usenix Security Symposium Join us in San Jose, CA, July 28 - August 1, for the 17th USENIX Security Symposium. http://www.usenix.org/events/sec08/sec08.html * EFF is IN at Black Hat USA 2008! Stop by our booth at Black Hat USA, August 2-7 in Las Vegas, the world's premier technical security conference. EFF members receive a $100 discount off the prevailing registration rate by inserting BHUS8SUAS in the box marked "coupon" on the web registration page! http://www.blackhat.com/ * Visit EFF at the LinuxWorld Conference and Expo from August 4-7 Thinking about going to the LinuxWorld Conference and Expo in San Francisco? You can use the priority code "VPL616" for a Free Exhibit Hall Pass or 20% off the conference package of your choice. Stop by our booth to say hello and update your membership! http://www.linuxworldexpo.com/live/12/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : 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/