EFFector Vol. 19, No. 30 August 14, 2006 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 391st Issue of EFFector: * CA Alert - Critical Vote on Privacy-Leaking Chips in State Ids * EFF Demands FTC Investigation and Privacy Reform After AOL Data Release * Did AOL Leak Data About Your Friends or Family? * EFF's Case Against AT&T To Proceed in California * Innocent Target of File-Sharing Lawsuit Deserves Attorney's Fees * Embroidery Fans Fight for Anonymity in Online Discussion Group * EFF Partners with Craigslist for Nonprofit Boot Camp, August 19 * miniLinks (10): Never Mind the Piracy, Feel the Profits * Administrivia For more information on EFF activities & alerts: http://www.eff.org/ Make a donation and become an EFF member today! http://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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * CA Alert - Critical Vote on Privacy-Leaking Chips in State IDs We're close to a major victory in the battle to keep radio frequency identification (RFID) tags out of California IDs, but we need your help to finish the job. Without careful safeguards, RFIDs in state-issued IDs can broadcast your personal information to anyone nearby with cheap, readily-available equipment. Your government could be exposing you to the risk of covert tracking, stalking and identity theft. In California, EFF has been working with a diverse range of concerned groups to stop insecure ID cards. The result, S.B. 768, has already passed the Senate and faces a vote in the Assembly before reaching the governor. Use our Action Center to find your Assemblymember's phone number, and tell him or her to vote yes on SB 768: http://action.eff.org/site/Advocacy?id=245 Learn more about RFIDs: http://www.eff.org/Privacy/Surveillance/RFID/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Demands FTC Investigation and Privacy Reform After AOL Data Release Internet Company's Publication of Search Logs Exposes Customers' Private Lives San Francisco - The Electronic Frontier Foundation (EFF) will ask the Federal Trade Commission (FTC) today to investigate America Online (AOL) and require changes in its privacy practices, after the company recently released search history logs that exposed the private lives of more than a half-million of its customers. Last week, news reports revealed that AOL published to the Internet three months of search queries from about 650,000 users. In its complaint, EFF argues that the release of this data violated AOL's privacy policy and the Federal Trade Commission Act and should be investigated. EFF further requests that the FTC require AOL to notify customers affected by the disclosure and to stop logging search data except when absolutely necessary. "Search terms can expose the most intimate details of a person's life -- private information about your family problems, your medical history, your financial situation, your political and religious beliefs, your sexual preferences, and much more," said EFF Staff Attorney Marcia Hofmann. "At the very least, AOL should notify every customer whose privacy has been jeopardized by the company's careless handling of this incredibly private information, and AOL should not store this kind of data in the future when it doesn't have to." While AOL has removed the data from its own web site, the data is still freely available from other sites on the Internet. And although specific AOL screen names were not released, the data is associated with unique ID numbers, allowing each user's search terms to be grouped together. Whether because of users' searches for their own names or MySpace profiles, or searches related to their cities and neighborhoods, these search histories can expose -- and in some cases, already have exposed -- particular users' private searches to the world. In support of its complaint, EFF will confidentially submit examples of search queries containing personally identifiable information and search histories that could likely be tied to particular AOL subscribers. "We're asking the FTC to make sure that AOL rectifies the damage that's been done and improve its privacy protections for the future," said EFF Staff Attorney Kevin Bankston. "But this problem isn't limited to AOL -- every search company stores this kind of data. Hopefully, AOL's shocking violation of its users' privacy will spur Congress to clarify that the same law that prevents these companies from disclosing our personal emails also applies to our search logs." The FTC complaint will be made available here: http://www.eff.org/Privacy/AOL/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Did AOL Leak Data About Your Friends or Family? You can help make sure that AOL prevents another damaging data leak from happening ever again. If you're an AOL member, use our Action Center to call the company and find out whether you were one of the AOL customers whose search data was leaked: http://action.eff.org/aolsearch Regardless, send a link to the Action Center to friends and family who use AOL. You can find a sample tell-a-friend letter and buttons for your blog or website here: http://www.eff.org/Privacy/AOL/spreadtheword.php For more on AOL's data leak: http://www.eff.org/Privacy/AOL : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF's Case Against AT&T To Proceed in California On Thursday, a judicial panel transferred to California District Court Judge Vaughn Walker 17 cases against telecom companies for helping the NSA's illegal spying. This decision also means EFF's case against AT&T will remain before Judge Walker, who last month allowed our case to go forward and rejected the government's and AT&T's motions to dismiss. Before the multidistrict litigation panel, the government had argued that the cases should be transferred to a judge in Washington, DC, but the panel accepted EFF's and other plaintiffs' requests to move these cases to San Francisco because EFF's case is so far advanced. The 9th Circuit Court of Appeals is now considering whether to take an appeal of Judge Walker's initial decision allowing the case to go forward despite the government's claims based on its state secrets privilege. For more on EFF's case against AT&T: http://www.eff.org/legal/cases/att/ Meanwhile, Congress continues to consider legislative proposals that would sweep the NSA's illegal spying program under the rug. Take action now to stop the surveillance bills: http://action.eff.org/fisa : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Innocent Target of File-Sharing Lawsuit Deserves Attorney's Fees RIAA Should Pay Victim's Legal Costs in Baseless Suit San Francisco - The Electronic Frontier Foundation (EFF), along with the American Association of Law Libraries, the ACLU, and Public Citizen, filed a brief with an Oklahoma district court last Thursday, strongly urging a judge to award the innocent target of a file-sharing lawsuit the cost of her attorney's fees in battling the baseless allegations of the Recording Industry Association of America (RIAA). The RIAA sued Deborah Foster in November of 2004, accusing her of illegally downloading copyrighted material. Foster denied the allegations and fought back in court, and the case was dismissed. But many others who are falsely accused accept settlement offers from the RIAA because the cost of settling the case is less than what they might spend defending themselves. "The RIAA has forced many innocent Americans through an expensive and emotionally draining process to clear their names. Some, understandably, just give up," said EFF Staff Attorney Jason Schultz. "Deborah Foster fought a brave battle against unjust charges, and she deserves to have her attorney's fees reimbursed." So far, the RIAA has sued over 18,000 individuals for allegedly sharing music over the Internet. But the industry uses slapdash investigative methods to find its targets, and so innocent people as well as guilty ones can find themselves entangled in an expensive and draining process. One recent victim was a woman who didn't even own a computer. Another lawsuit target was deceased. If Ms. Foster is awarded attorney's fees, it will encourage future innocent victims to stand up for themselves in court. "Innocent victims of meritless lawsuits have the right to fight back," said Schultz. "The RIAA needs to know that it can't continue its sloppy campaign without regard to the people ensnared by it." The amicus brief was filed in the western district of Oklahoma with the assistance of attorney A. Laurie Koller of Carr & Carr. For the full amicus brief: http://www.eff.org/legal/cases/Capitol_v_Foster/amicus_in_support_of_fees.pdf For more on the RIAA's lawsuits: http://www.eff.org/IP/P2P/RIAAatTWO_FINAL.pdf For this release: http://www.eff.org/news/archives/2006_08.php#004873 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Embroidery Fans Fight for Anonymity in Online Discussion Group EFF Battles Heavy-Handed Tactics in Copyright Lawsuit San Francisco - The Electronic Frontier Foundation (EFF) has filed a motion to block a brazen attempt to unmask the identities of anonymous members of an online discussion group for embroidery fans. The online group was created to share information about a long-running campaign to threaten purchasers of embroidery designs and software with copyright infringement lawsuits. The Embroidery Software Protection Coalition (ESPC), a purported coalition of embroidery pattern design companies, is behind the heavy-handed campaign. Last month, ESPC filed defamation claims against some members of the group and then issued a subpoena for detailed personal information about every single person who joined the discussion group -- whether or not they had ever posted a single message. "ESPC's shotgun approach is aimed not at redressing defamation, but at intimidating those who have sought to raise public awareness of its ham-fisted tactics," said EFF Staff Attorney Corynne McSherry. "The First Amendment forbids such abusive use of the courts and the discovery process." This case is the latest in EFF's long fight to protect anonymity online. EFF lawyers have represented or provided amicus support in anonymity cases in California, Colorado, and Delaware. Most recently, in Oklahoma, a school superintendent withdrew his attempt to unmask anonymous online critics after EFF filed a motion to quash his subpoena. "The right to engage in anonymous communication is fundamental to a free society," said McSherry. "It's critical that judges resist these attempts to turn courtrooms into vehicles to harass and intimidate people out of speaking their minds. Thankfully, court after court has recognized that plaintiffs can't pierce anonymity just because they don't like what someone has said." For EFF's motion to quash: http://www.eff.org/legal/cases/ESPC_v_Ebert/ For more on anonymity online: http://www.eff.org/Privacy/Anonymity/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Partners with Craigslist for Nonprofit Boot Camp, August 19 EFF is proud to partner with the Craigslist Foundation for its 2nd Annual Nonprofit Boot Camp, a conference aimed at fostering nonprofit leadership and collaboration. Join more than 1,300 emerging nonprofit leaders to get educated in all aspects of successfully starting and running a nonprofit, find inspiration, and get connected with peers and valuable resources. Registration includes the conference and evening Networking Reception, as well as breakfast, lunch, and dinner. Learn more and register online at: http://www.craigslistfoundation.org/eflyer06/npbc06.htm : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Never Mind the Piracy, Feel the Profits Ed Felten says that the DRM debate has moved from combating piracy to supporting price discrimination... http://www.freedom-to-tinker.com/?p=1051 ~ "DRMs Enable Business Models, They Don't Stop Piracy" - Universal VP ... as Universal's Jerry Pierce confirms the change of tact. http://www.tgdaily.com/2006/08/04/tg_daily_interviews_universal_pictures/ ~ "We Have Already Helped you Filter Out Excess Web Pages!" Human Rights China documents how Yahoo censors its Chinese users... http://www.ipdemocracy.com/archives/2006/08/11/index.php#001847 ~ "Lost" in Translation ...while Chinese TV fans bypass censorship by trading and translating US shows... http://www.nytimes.com/2006/08/09/world/asia/09china.html ~ Install the Circumventor, Get Paid $10 ...and free censorware-bypassing developers offer $10 to help free speech. http://www.peacefire.org/circumventor/we-will-pay-you.html ~ Hoboken Battles Giant Robot, Software Licenses City's cars trapped in an automatic car lot during software payment dispute. http://www.wired.com/news/technology/0,71554-0.html ~ Berkman Center Announces Citizen Journalism Project Blogging rights resources take another giant step forward... http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=2405 ~ Law Enforcement Use Facebook To Capture Public Urinators ...As police start Net data-mining on the smallest scale. http://www.nyu.edu/classes/siva/archives/003401.html ~ Past Behavior No Indication of Future Temptation Google's CEO claims that it would "never" let search records escape, then backs down. http://news.com.com/2102-1038_3-6103955.html ~ Layperson's Guide to the RIAA Lawsuits Ray Beckerman attempts to simplify how the music industry sues the world. http://digitalmusic.weblogsinc.com/2006/08/07/the-riaa-vs-john-doe-a-laypersons-guide-to-filesharing-lawsui/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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: Derek Slater, Activist derek@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/ Click here to change your email address: http://action.eff.org/addresschange
