EFFector Vol. 20, No. 37 September 20, 2007 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 441st Issue of EFFector:
- Action Alert: Tell Congress to Do Its Job and Protect Your Rights!
- DOJ's "Community of Interest" Letters Are Illegal
- New Video on NSL Privacy Violations & the Constitution
- German Plot Uncovered By Old Fashioned Police Work
- Big Win for First Amendment and Copyright Law
- Study Shows Fair Use Rights Crucial to U.S. Economy
- More DMCA Bait from Apple
- Two Leading Technologists Join EFF Board of Directors
- EFF Seeks Intellectual Property Staff Attorney
- Save the Date: October 10 for EFF's Compliance Bootcamp
- miniLinks (7): Great Firewall of China Patchy But Effective
- 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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Action Alert: Tell Congress to Do Its Job and Protect Your Rights! After Congress passed the so-called "Protect America Act" in August, Americans expressed outrage at the loss of their rights. Thanks to your emails, faxes, and calls, congressional committees are now scrambling to decide on how to fix their mistakes. But in the frenzied rush to revise the terrible spying law, your rights are at risk of being negotiated away and the telecommunication companies that have abetted the warrantless wiretapping program could be given total immunity for illegally spying on millions of ordinary Americans. Call your representative and tell him or her to get it right: http://action.eff.org/site/Advocacy?id=317 The president demanded sweeping new surveillance powers, and Congress caved, trampling on your constitutional rights and forgetting its own constitutional duties. The new law permits warrantless surveillance of "persons reasonably believed to be located outside the United States," even when they are U.S. citizens or are communicating with U.S. citizens, with no prior court approval and only minimal court oversight. With the flimsiest of protections, the new spying law retrospectively rubberstamps the building of a domestic surveillance infrastructure that could be used to monitor your communications wholesale. Congress essentially handed the Executive a blank check to invade Americans' privacy. We need to tell Congress to reject the Protect America Act and make no new changes to the law until they know what the Administration has been doing behind its back. And they need to stand firm against the Administration's calls to give blanket, retrospective immunity to any surveillance crimes committed by the phone companies. Members from other civil liberties organizations have been calling their representatives all week, and now it's our turn to hit the Hill and make an impact: http://action.eff.org/site/Advocacy?id=317 For more on the "Protect America Act": http://www.eff.org/deeplinks/archives/005395.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * DOJ's "Community of Interest" Letters Are Illegal Last week, EFF released crucial documents obtained through our FOIA Litigation for Accountable Government (FLAG) Project, exposing the FBI's habit of asking AT&T, Verizon and MCI for the "community of interest" surrounding a particular customer in exigent circumstances letters. Your community of interest is your friends and the people they call, or, as one government glossary defines it, it's a "grouping of users who generate a majority of their traffic in calls to other members of the group." The new revelation that EFF's crack FOIA team unearthed is that the FBI didn't just get *your* information when it conducted its illegal surveilance of you: it got information on all of the friends and family members you called. That's illegal too. Now that the Executive's abuses of its surveillance and spying powers have come clearly to light, it is unconscionable to allow the watchmen to keep watching themselves. A "privacy and civil liberties officer" in the FBI was not enough to stop the illegal use of exigent circumstance letters to spy on a target's friends of friends, and the deferential review proposed by the Protect America Act will not be enough to prevent the abuse of the law's extraordinary powers. Defend your freedom. Please join us: http://www.stopthespying.org/ Find out more in EFF Senior Staff Attorney Kurt Opsahl's complete analysis: http://www.eff.org/deeplinks/archives/005433.php Read the documents: http://www.eff.org/flag/07656JDB/080607_exigent_letters_coi.pdf For more information about EFF's FOIA work, visit our FOIA Litigation for Accountable Government (FLAG) Project page: http://www.eff.org/flag/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * New Video on NSL Privacy Violations & the Constitution National Security Letters (NSLs) are in the news a lot lately. Earlier in the year, a Justice Department report found that abuses of this powerful investigation tool were rampant, despite repeated statements to the contrary by Attorney General Alberto Gonzalez. Then documents obtained by EFF under the Freedom of Information Act exposed chronic misuses of NSLs, as well as other illegal demands that phone companies provide information on a target's "Community of Interest." And let's not forget that earlier this month, a federal judge ruled NSLs unconstitutional. But what are NSLs, exactly? How do they work? Who receives them, and why? FBI Unbound: How National Security Letters Violate Our Privacy, a new short video produced by the Bill of Rights Defense Committee (BORDC), does a great job of bringing facts and analysis to the discussion of this controversial expansion of executive power. The video describes what happens when an NSL is sent, and how NSLs allow unprecedented spying on American citizens. The video is available on DVD from BORDC's website: http://www.bordc.org/nsl/ Or, watch the video in two parts on YouTube: http://www.youtube.com/view_play_list?p=79B6C09B761988D9 For this post and related links: http://www.eff.org/deeplinks/archives/005440.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * German Plot Uncovered by Old Fashioned Police Work The recent terrorist plot uncovered in Germany was detected by traditional means. According to Newsweek, "One U.S. intelligence official described the law-enforcement operation as a case of 'good old-fashioned police work.'" Nevertheless, when Mike McConnell, the Director of National Intelligence, recently testified before Congress, he cited the German arrests as proof of the importance of conducting electronic surveillance without warrants under the so- called Protect America Act. The foiled terrorist plot in Germany shows that we can protect America while protecting Americans' rights. In response to McConnell's testimony, Rep. Rush Holt stated, "The German terror case in question is another example of why I voted against the 'Protect America Act' when it came to the House floor in August. Our existing collection activities are working well overall, uncovering potential terrorist plots in Europe and elsewhere." It's long past time that Congress fought to uncover the whole truth about the secret spying and stopped relying on the Administration's selective, politically motivated revelations. Call Congress now and demand that they stop the spying: http://www.stopthespying.org/ Read the Newsweek article, "Spy Master Admits Error": http://www.msnbc.msn.com/id/20749773/site/newsweek/page/3/ For this post and related links: http://www.eff.org/deeplinks/archives/005437.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Big Win for First Amendment and Copyright Law Recently something fantastic happened. The U.S. 10th Circuit Court of Appeals gave the First Amendment some oomph in Golan v. Gonzales. The case, brought by Lawrence Lessig and lawyers with the Stanford Law School Center for Internet and Society, challenged section 514 of the Uruguay Round Agreements Act, or URAA, which removed thousands of books, films and musical compositions from the public domain. The 10th Circuit held that, following the Supreme Court case of Eldred v. Ashcroft, if Congress changes copyright's "traditional contours," courts must conduct a First Amendment review to ensure that those changes do not overly burden free expression in an unjustified manner. Removing works from the public domain is one such traditional contour, so the court sent the Golan case back to the District Court to determine whether the URAA goes too far in burdening speech. Creators need established speech rights in a digital world, where every transmission is a copy and everyone can be an artist. For now, the First Amendment is alive and well in the 10th Circuit. We here at EFF extend hearty congratulations to the Golan team, lawyers, clients, students and other supporters of a constitutionally balanced copyright law. EFF Civil Liberties Director Jennifer Granick was involved in the case in her former position as Executive Director of CIS and recently wrote about it in her Wired News column: http://www.wired.com/politics/onlinerights/commentary/circuitcourt/2007/09/circuitcourt_0911 Read Lawrence Lessig's blog post, "A big victory: Golan v. Gonzales": http://www.lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html For this post and related links: http://www.eff.org/deeplinks/archives/005435.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Study Shows Fair Use Rights Crucial to U.S. Economy The entertainment industry's attempts to eliminate (think DRM) and whittle away (think PERFORM Act) your fair use rights are jeopardizing more than just free speech. It also threatens the U.S. economy, as an extensive study released by the Computer & Communications Industry Association (CCIA) demonstrates. Read the CCIA study: http://www.ccianet.org/artmanager/uploads/1/FairUseStudy-Sep12.pdf For this post and related links: http://www.eff.org/deeplinks/archives/005436.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * More DMCA Bait from Apple On the heels of Apple's other two pieces of anti- competitive DMCA-bait, it now appears we have a third bit of lawyer-chum in the water: Apple has reportedly locked its latest iPods to its own iTunes software. So third-party applications (like Songbird) will no longer be able organize or sync your (unDRM-ed) music on these iPods. While many have noted that this is bad news for Linux users, it's also bad for Windows and Mac users. iTunes (the software, not the store) has built a considerable lead in the "media jukebox" category on both sides of the Windows- Mac divide. This latest move looks like an effort by Apple to consolidate and hold that beachhead, blocking competitors from entering the market and leaving consumers on all platforms with fewer choices. We'll see whether Apple licenses this iPod "feature" and, if so, on what terms. And now that the reverse engineering of the iPod-iTunes lock is successful, we'll see whether Apple starts issuing DMCA threats (as they did to Real Networks back in the day). For the Ars Technica article, "Apple's New iPod Checksum Cracked by GtkPod Coders": http://arstechnica.com/news.ars/post/20070916-gtkpod-coders-crack-apples-new-ipod-checksum.html Read EFF's updated report, "Unintended Consequences: Seven Years Under the DMCA": http://www.eff.org/deeplinks/archives/004555.php For this post and related links: http://www.eff.org/deeplinks/archives/005442.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Two Leading Technologists Join EFF Board of Directors Free Culture Leader John Buckman and Privacy and Security Expert Lorrie Faith Cranor Sign on to Distinguished Team San Francisco - The Board of Directors of the Electronic Frontier Foundation (EFF) has elected two leading technologists to join its executive board: free culture leader John Buckman and privacy and security expert Lorrie Faith Cranor. John Buckman is a programmer, an entrepreneur, and the founder of Magnatune.com -- an online record label that strives to be fair to both recording artists and consumers alike. The Magnatune site provides web-based distribution to over 250 recording artists and features an innovative tool for online music licensing for film, television, and new media. This Creative Commons-backed business model has helped establish Buckman as a leader in the free culture movement. Buckman is also the founder Bookmooch.com, an online community for the exchanging of used books. His past accomplishments include having founded email software company Lyris in 1994, which he sold to JL Halsey in 2005. He also created Tile.net, an early web site directory that was purchased by Internet.com in 2001. "EFF fights to protect the rights of artists and fans who use technology to make and enjoy creative works," said Buckman. "I'm happy to join them in taking on these cutting-edge issues." Lorrie Faith Cranor is an Associate Research Professor in the School of Computer Science and the department of Engineering and Public Policy at Carnegie Mellon University. She has played a key role in building the usable privacy and security research community, having co- edited the seminal book "Security and Usability" and founded the Symposium On Usable Privacy and Security (SOUPS). Cranor has authored over 80 research papers on online privacy, phishing and semantic attacks, spam, electronic voting, anonymous publishing, usable access control, and other topics. She has also testified as an expert in lawsuits challenging the constitutionality of Internet "harmful to minors" laws. In 2003, Cranor was named one of the top 100 innovators 35 or younger by Technology Review magazine. She was previously a researcher at AT&T Labs Research and taught in the Stern School of Business at New York University. "The privacy and security policy decisions made now will have far-reaching implications in the years to come," said Cranor. "I'm pleased to work with EFF as they champion the public interest in these important debates." Other members of EFF's executive board include John Perry Barlow, David Farber, Edward W. Felten, John Gilmore, Brewster Kahle, Joe Kraus, Lawrence Lessig, Pamela Samuelson, Shari Steele, and Brad Templeton. "EFF is so fortunate to have such a distinguished Board of Directors, comprised of leaders in technology, policy, and law," said EFF Executive Director Shari Steele. "John and Lorrie bring a wonderful wealth of experience to EFF and will help us continue to think about our role in relation to emerging technologies." For this release: http://www.eff.org/news/archives/2007_09.php#005443 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Seeks Intellectual Property Staff Attorney We're hiring! EFF is seeking an intellectual property staff attorney for its legal team. Responsibilities will include litigation, public speaking, media outreach, plus legislative and regulatory advocacy, all in connection with a variety of intellectual property and high technology matters. Qualified candidates should have at least four years of legal experience, with knowledge in patent law and at least one other IP specialty (copyright, trademark, trade secret). Litigation experience is preferred, including significant experience managing cases, both overall case strategy and day-to-day projects and deadlines. Candidates should have good communication skills and 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 familiarity with Internet civil liberties and high tech public interest issues preferred. This position is based in San Francisco. Interested applicants should submit a resume, writing sample, and references to: ipjob@eff.org. For this post: http://www.eff.org/deeplinks/archives/005441.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Save the Date: October 10 for EFF's Compliance Bootcamp Does your interactive company have to contend with the maze of laws dealing with user privacy and publishing user content? Want to do the right thing by the online community that gives your business value and still fulfill your legal obligations? EFF is hosting a one-day session for Web 2.0 workers who handle issues arising from users and user-generated content. From DMCA to CDA to ECPA, the law surrounding Internet content can be confusing, especially for the folks who have to decide on the fly whether to let something stay up or take it down, or whether to give their customer's name to the FBI agent on the phone. Let us help. What: One-day bootcamp. EFF's staff attorneys will be teamed with private attorneys specializing in the various legal issues. We'll give you the basics on the key topics and you'll leave better able to protect your customers, your company and your job. Topic areas include: * Defamation, harassment, and other accusations of bad behavior; * Fair use, free culture, and the right to remix; * Copyright takedowns and put-backs: understanding the Digital Millennium Copyright Act; * How to respond to cops, crooks, and courts who want your customers' communications and other private information; * How to avoid becoming the next Napster and stay on the safe side of the Copyright Wars; * The rights of anonymous speakers; * Porn, predators, and the pressure to police; and * Lightning rounds on Creative Commons licenses, webcasting and what to do when you've been hacked. Who should attend: People who do front-line or mid-level work for companies and projects that rely on user-generated content and communications. This includes compliance, customer service and community management workers. Why: In the past year or so, we've met with several Web 2.0 companies, sometimes before -- and sometimes after -- embarrassing incidents when they found themselves out of step with their communities or the law. We'd like to give the people who make these important initial decisions the tools they need to do the right thing by their companies and their customers. Where: Fenwick and West Silicon Valley Center Mountain View, California How much: Sliding scale of $100-200 per person. For individuals, some portion may be deductible as a charitable donation. Space is limited, so sign up soon. Email: bootcamp@eff.org. For EFF's Bootcamp page: http://www.eff.org/bootcamp For this post: http://www.eff.org/deeplinks/archives/005444.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Great Firewall of China Patchy But Effective Over 28% of banned words make it through the national filter, but that may be enough to self-censor citizens. http://arstechnica.com/news.ars/post/20070912-great-firewall-of-china-more-like-chain-link-fence.html ~ Google Calls for International Privacy Standards Not surprisingly, the Internet giant wants minimal global standards on the collection and retention of personal data. http://www.washingtonpost.com/wp-dyn/content/article/2007/09/13/AR2007091302248.html?tid=informbox ~ Canadian Feds Push for Greater Access to Private Info New legislation would force telcos to provide customer information on demand, without a court order. http://www.ctv.ca/servlet/ArticleNews/print/CTVNews/20070912/spying_internet_070912/20070912/?hub=TopStories&subhub=PrintStory ~ Major Label Contemplates Blanket Licensing Universal Music Group (UMG) floats a plan in which ISPs would charge a music download fee to all customers. Sound familiar? http://72.14.253.104/search?q=cache:0QgiGzP86P4J:www.digitalmusicnews.com/stories/091007total&hl=en&ct=clnk&cd=1&gl=us ~ Prince vs. the Internet The rock star accuses YouTube, Ebay and Pirate Bay of encouraging copyright infringement. http://www.news.com/8301-10784_3-9778087-7.html?part=rss&subj=news&tag=2547-1_3-0-5 ~ SoundExchange Spends $50k on Lobbying How much influence does the royalty collection agency have? http://blog.wired.com/music/2007/09/soundexchange-s.html ~ MediaDefender Suffers Embarrassing Email Leak The anti-P2P company had 700mb of internal email posted on BitTorrent. http://arstechnica.com/news.ars/post/20070916-leaked-media-defender-e-mails-reveal-secret-government-project.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: Julie Lindner, Education Outreach Coordinator julie@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 This newsletter is printed on 100% recycled electrons.
