EFFector Vol. 14, No. 21 Aug 24, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 181st Issue of EFFector (now with over 28,700 subscribers!):
* Russian Programmer to Appear in California Court
* EFF Argues Against DVD Software Ban
* EFF Music Fest in Golden Gate Park
* ALERT: Opt Out of "Credit Spam" with a Phone Call
* EFF Welcomes Board, Staff Members
* EFF at LinuxWorld Conference
* Administrivia
For more information on EFF activities & alerts: http://www.eff.org/
To join EFF or make an additional donation:
http://www.eff.org/support/
EFF is a member-supported nonprofit. Please sign up as a member today!
_________________________________________________________________
Russian Programmer to Appear in California Court
Dmitry Sklyarov Issues Statement Thanking Supporters
Electronic Frontier Foundation Media Advisory
For Immediate Release: August 24, 2001
Contacts:
Robin Gross, EFF Intellectual Property Attorney,
robin@eff.org
+1 415 436-9333 x112 (office),
+1 415-637-5310 (cell)
Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415-436-9333 x108 (office),
+1 415-823-2148 (cell)
San Jose, California - Russian programmer Dmitry Sklyarov will appear
in a California federal court this Thursday, August 30, for an
arraignment on charges of trafficking in a copyright circumvention
device. For programming a software application that appears to be
legal in Moscow where he wrote it, Sklyarov -- who is out of custody
on $50,000 bail -- faces a potential prison term of five years and a
$500,000 fine.
The arraignment is scheduled for 9:30 AM Pacific time with US
Magistrate Judge Richard Seeborg presiding, in courtroom 4, 5th floor
of the Federal District Court for the Northern District of California,
San Jose Branch, 280 South 1st Street, in San Jose, California.
Well-dressed observers plan to attend the arraignment and nonviolent
protests are scheduled in Moscow (Russia), London (England), Boston,
Chicago, Los Angeles, San Francisco, and Black Rock City, Nevada. The
San Francisco protest will likely be well-attended since it will start
during the Linux World conference in front of the Moscone Center at
11:30 AM on August 30.
Dmitry Skylarov issued the following statement thanking the activists
who have taken up his cause:
To everyone who spent their time helping me:
During the three weeks I spent in jail I learned that many people
were protesting against my arrest. I also learned that Adobe
withdrew its support of my arrest after meeting with EFF. But I was
not able to see that or to read letters and articles about my case.
After being released from jail on August 6, I was really surprised
and impressed by the scale of the action and the number of people
involved in the protests. I'm not an IT superman. I'm just a
programmer, like many others. It was unexpected by me that so many
people would support a guy from another country that nobody heard
about before.
Your support means a lot to me and my family and makes a difference
for all.
This experience is going to change me in a profound way that I
cannot even appreciate fully as yet. Thank you very much.
-- Dmitry Sklyarov
Directions and map to San Jose Federal Building:
http://www.cand.uscourts.gov/cand/CourtInfo.nsf/6f311f8841e7da2488256405006827f0/f3b46c67b334132e88256682007f6ba9?OpenDocument
Background on the Sklyarov case:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/
Calendar of protests related to the Sklyarov case:
http://freesklyarov.org/calendar/
_________________________________________________________________
EFF Argues Against DVD Software Ban
Prior Restraint of Internet Publishers Unconstitutional
Electronic Frontier Foundation Media Release
For Immediate Release: Thursday, August 23, 2001
Contacts:
David Greene, FAP Executive Director / Staff Counsel
fap@thefirstamendment.org
+1 510-208-7744
Robin Gross, EFF Intellectual Property Attorney
robin@eff.org
+1 415-436-9333 x112
+1 415-637-5310 (cell)
San Jose, California - A California appeals court today heard a debate
over whether a lower court should have ordered dozens of Internet
publishers to "stop the presses" pending the outcome of a California
trade secrets trial.
In January 2000, as part of a trade secrets case brought by the motion
picture industry, Santa Clara County Superior Court Judge William
Elfving ordered Andrew Bunner and numerous other defendants to halt
Internet publication of DeCSS pending the outcome of the trial. DeCSS
is free software that allows people to play DVDs without technological
restrictions, such as platform limitations and region codes, that are
imposed by movie studios.
Today Bunner, represented by the Electronic Frontier Foundation (EFF)
and the First Amendment Project (FAP), argued on appeal that this
injunction violates his free speech rights under the First Amendment
and the California Constitution. The argument took place in San Jose
before three judges of the Sixth District California Court of Appeals.
"It is well established that publishers of computer code are protected
by the First Amendment. In granting the injunction against Mr. Bunner,
the Superior Court failed to adequately consider Bunner's First
Amendment rights," said David Greene, Executive Director and staff
counsel to the First Amendment Project, who argued the appeal on
behalf of Mr. Bunner. "The mere invocation of 'trade secrets' does not
trump a publisher's First Amendment rights."
During today's oral arguments, the judges clearly appreciated the
important First Amendment issues raised and asked probing questions of
both sides. Upon completion of the oral arguments, the court took the
matter under submission. A decision is expected in approximately 4-8
weeks.
Background on the DVD Copy Control Assoc., Inc. v. Bunner case:
http://www.eff.org/IP/Video/DVDCCA_case/
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org/
About FAP:
The First Amendment Project is a nonprofit, public interest law firm
and advocacy organization dedicated to protecting and promoting
freedom of information, expression, and petition. FAP provides advice,
educational materials, and legal representation to its core
constituency of activists, journalists, and artists in service of
these fundamental liberties and has a website at:
http://thefirstamendment.org/
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_________________________________________________________________
Electronic Frontier Foundation Music Fest in Golden Gate Park
Wavy Gravy, John Perry Barlow Host "Share In" for Artists' Rights
Electronic Frontier Foundation Media Release
For Immediate Release: Thursday, August 23, 2001
Contacts:
Katina Bishop, EFF Offline Activist / Education Dir.
katina@eff.org
+1 415-436-9333 x101
Robin Gross, Intellectual Property Attorney
robin@eff.org
+1 415-863-5459
San Francisco - The Electronic Frontier Foundation (EFF) and ten Bay
Area bands invite you to an open air concert for everyone who loves
music from to 2:00 PM to 5:00 PM on Saturday, September 8, 2001. EFF's
"Share In" will feature musicians performing in Golden Gate Park near
the intersection of Haight and Stanyan streets. Artists participating
in this event will permit recording of their performances by those in
attendance in support of EFF's Open Audio License (OAL).
Ten bands will play in two stage areas in the meadow. Hosting the main
stage are Wavy Gravy and EFF co-founder John Perry Barlow. Musicians
performing at the event include singer/songwriter Adrian West, the
jazzy Alex Buccat Quartet featuring Sanaz, folk/pop band Atticus
Scout, high-altitude bluegrass string band Hot Buttered Rum, soulful
solo performer Michael Musika, the political satirists of The Planning
Commission, Berkeley-based party band Shady Lady, classical Indian
instrumentalists Srini and Raja, acoustic rock performer Vanessa Lowe,
and singer/songwriter Wendy Haynes.
EFF developed the Open Audio License to help artists share their work
with others without giving up the recognition they deserve for
creating the art. Based on the open source and free software
initiatives for software development, the OAL encourages artists to
share with one another and their fans.
Adoption of the OAL does not mean that an artist goes unrewarded for
his or her work. On the contrary, the OAL permits artists to share
single tracks or performances and gain widespread recognition for
their work without relying on intermediaries. EFF encourages new
models of music distribution in the digital world that benefit the
artists themselves. One of the great qualities of the Internet is that
the overhead for packaging and distributing music, which is where most
of the money is currently spent by record companies, is drastically
reduced. EFF is committed to developing tools that empower artists to
take control over their own art and to be compensated appropriately
for their works.
EFF believes that many of the laws and technologies being developed
today to protect intellectual property actually harm the public's
First Amendment and fair use rights and make criminals of people doing
perfectly legitimate things. We are striving to help artists realize
the full potential of the Internet for reaching their fans by
challenging restrictive laws in courtrooms and through fun public
education events, like this one.
In addition to the music, the Share In will showcase booths with the
performing artists' music and tie-dye Share In T-shirts. There will
also be booths hosted by EFF and outside sponsors, including artists'
rights organizations and independent labels. Ben and Jerry's will
donate a portion of the event's ice cream sales to EFF.
This is an event for all ages. Bring your family and friends, kids
welcome. Hear great music, enjoy Ben and Jerry's ice cream, and
support a great cause.
Event sponsors include: Guitar Center, Berkman Center for Law and
Technology, Future of Music Coalition, and the SF Bay Guardian.
Information on EFF's Campaign for Audiovisual Free Expression and the
Open Audio License is available at:
http://www.eff.org/cafe
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_________________________________________________________________
ALERT: Opt Out of "Credit Spam" with a Phone Call
Electronic Frontier Foundation ACTION ALERT
(Issued: Aug. 23, 2001 / Expires: Sep. 23, 2001)
Introduction:
The 1999 Gramm-Leach-Bliley Act (GLBA), a financial services
"overhaul" law, included certain privacy provisions regulating
financial services institutions and credit bureaus. The statute,
unfortunately, did nothing to prevent consumer credit reporting
companies -- such as Experian, Trans Union, Equifax/TRW, and Novus --
from providing your credit and contact information to credit card
companies for marketing purposes.
The GLBA did provide the right to "opt out" of this consumer credit
reporting information disclosure with a simple, free, phone call.
The credit bureaus have not widely advertised their Automated Opt-Out
System, already in operation for several years. This system exists
only for opting out of lists of names that have been "screened" to
receive "pre-approved" credit card offers.
NOTE: This credit bureau opt-out capability has nothing to do with the
July 1 GLBA provisions, which are related to the privacy notices you
have received from your bank(s). Please read and act on those bank
notices, too, as they contain additional disclosure opt-out mechanisms
that apply to financial services.
A recent anonymous "alert" about the GLBA has circulated widely on the
Internet, claiming that on July 1, 2001, provisions of the GLBA went
into effect that would allow credit reporting companies to provide
detailed credit history about any American to "anyone who requests
it", but that consumers can opt out of this disclosure. In truth,
credit agencies are subject to a number restrictions in this area, as
are banks and other financial institutions, the actual targets of the
July 1 legal restrictions.
What YOU Can Do Now:
* Call the credit agencies' 1-888-567-8688 number to opt out of
postal and telemarketing (and possibly e-mail) "credit spam".
Listen carefully and wait until given the option to press "3" (do
not press "1" - this will only opt you out for 2 years, while
option 3 will opt you out permanently). You will be prompted for
your phone number, to confirm your address, for your first & last
name and middle initial (spoken and spelled), and for your Social
Security Number (Taxpayer ID Number for non-citizens), in that
order, and should thereafter receive a confirmation by postal mail
within a few weeks. At the end of the automated process you'll be
given the option to opt out additional family members.
* Read and act on the (differing and unrelated) opt-out instructions
you received in the mail from your financial institutions. If you
have lost these notices or want more information, the Privacy
Rights NOW ampaign has details:
http://www.privacyrightsnow.org/optout.htm
* Spread the word. Please feel free to pass on this alert (to
individuals you know and to appropriate forums only).
* If you receive an inaccurate "July 1 credit alert", please do NOT
forward it, and if possible instead forward this EFF correction
and alert to any known recipients and senders of the inaccurate
alert. (The inaccurate alert typically begins, "As of July 1st,
the four major credit bureaus"..., and may have a subject line of
"Keep your privacy".)
* Contact your legislators about privacy issues, and urge them to
pass stronger privacy protections, against both corporate and
governmental abuse of your personally-identifiable information.
For information on how to contact your legislators and other
government officials, see the EFF "Contacting Congress and Other
Policymakers" guide at:
http://www.eff.org/congress.html
* Join EFF! For membership information see:
http://www.eff.org/support/
Privacy Campaign:
This alert about the little-known credit spam opt-out system is part
of a larger EFF campaign to highlight how extensively companies and
governmental agencies share and use your personal information online
and offline, and what you can do about it.
Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
http://www.eff.org/privnow/
For more information about the GLBA, see:
http://search.yahoo.com/bin/search?p=Gramm-Leach-Bliley
Additional resources:
EFF Topics - Privacy:
http://www.eff.org/Privacy/
Privacy Rights NOW campaign to petition FTC to improve financial &
credit privacy regs:
http://www.privacyrightsnow.org/
Privacy Rights Clearinghouse:
http://www.privacyrights.org/
Electronic Privacy Information Center:
http://www.epic.org/
Contact:
Lauren Gelman, EFF Public Policy Director
gelman@eff.org
+1 415 436 9333 x106
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_________________________________________________________________
Electronic Frontier Foundation Welcomes Board, Staff Members
Place, von Lohmann, Schoen Join Online Civil Liberties Group
Electronic Frontier Foundation Media Release
For Immediate Release: Friday, August 24, 2001
Contacts:
Shari Steele, EFF Executive Director
ssteele@eff.org
+1 415-436-9333 x103
John Place, EFF Board Member
jp_eff@eff.org
+1 415-436-9333
Fred von Lohmann, EFF Senior Intellectual Property Attorney
fred@eff.org
+1 415-436-9333 x123
Seth Schoen, EFF Staff Technologist
seth@eff.org
+1 415-436-9333 x107
San Francisco - The Electronic Frontier Foundation (EFF) welcomes John
Place onto its Board of Directors, as well as new staff members Fred
von Lohmann as Senior Intellectual Property Attorney, and Seth Schoen
as Staff Technologist. These additions reinforce EFF's standing as the
leading civil liberties organization working to protect rights in the
digital world.
"I am so proud to see the organization bringing in such amazing
talent," said EFF Executive Director Shari Steele. "These three people
have lots of wisdom and a strong commitment to civil liberties. I'm
really looking forward to working with all of them."
EFF Board Member John Place served as Yahoo! Inc.'s General Counsel
between 1997 and 2001 and was the first in-house attorney hired by the
Internet company. There he managed a department that eventually grew
to over 55 attorneys worldwide and was responsible for the company's
legal affairs as well as its domestic and international public policy
and government relations efforts. Place, who lives in the Silicon
Valley with his wife and two children, also worked as Senior Corporate
Counsel at Adobe Systems Incorporated. He holds a J.D. from Stanford
Law School and a B.S. in Economics from San Jose State University. The
Los Angeles Daily Journal named Place as one of the 100 most
influential attorneys in California in both 1999 and 2000.
"Our nation was founded on liberty," commented Place. "I am proud to
join EFF in its pioneering work to ensure that our historic freedoms
continue to thrive in the digital age."
Before hiring on as EFF's Senior Intellectual Property Attorney, Fred
von Lohmann researched the implications of peer-to-peer technologies
on the future of copyright law, serving as a Visiting Researcher with
the Berkeley Center for Law & Technology, a research center associated
with the Boalt Hall School of Law, University of California at
Berkeley. Prior to Boalt, Mr. von Lohmann practiced law with Morrison
& Foerster, a large international law firm based in San Francisco. He
earned his J.D. degree from Stanford Law School, where he helped
organize Stanford's first-ever course on legal issues in cyberspace.
As a law clerk to Judge Betty B. Fletcher of the Ninth Circuit Court
of Appeals, he assisted the judge with Bernstein v. Department of
State, the EFF's ground-breaking case relating to encryption and free
expression.
Mr. von Lohmann will drive EFF's effort to legitimize reverse
engineering efforts by software programmers. He will also focus on
issues arising from the Digital Millennium Copyright Act (DMCA) and
emerging peer-to-peer technologies. He joins EFF staff attorney Robin
Gross and EFF board members Larry Lessig and Pamela Samuelson,
rounding out the EFF intellectual property team.
"As Dmitry Sklyarov's prosecution illustrates, intellectual property
laws have become dangerously unbalanced, threatening both free
expression and innovation," said von Lohmann. "EFF saw this before
most, and I'm proud to be a part of its efforts to restore some of the
balance we've lost."
Seth Schoen is creating the position of EFF Staff Technologist,
helping other technologists understand the civil liberties
implications of their work; EFF staff better understand the underlying
technology related to EFF's legal work; and the public understand what
the technology products they use really do. Schoen comes to EFF from
Linuxcare, where he worked for two years as a senior consultant. While
at Linuxcare, Schoen helped create the Linuxcare Bootable Business
Card CD-ROM. Prior to Linuxcare, Schoen worked at AtreNet, the
National Energy Research Scientific Computing Center at Lawrence
Berkeley National Laboratory, and Toronto Dominion Bank. Schoen
attended the University of California at Berkeley with a Chancellor's
Scholarship.
Schoen remarked, "I've been a fan of EFF for many years. I'm honored
to become a part of the organization and to have the opportunity to
work with such accomplished civil liberties advocates."
For more information about EFF's staff, board of directors and key
volunteers, see:
http://www.eff.org/contact/
- end -
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EFF at LinuxWorld Conference
Come visit the Electronic Frontier Foundation in person at LinuxWorld
2001, August 28-30. We will be taking donations for the important work
we do and for the ever-popular EFF bumper stickers. It's a great
opportunity to talk with EFF staff about all things EFF. For new
members who join on the spot - and for those who ask nicely - we have
a special giveaway for the Linux community. We will also have candy if
you're hungry.
EFF has 50 free exhibits-only passes to LinuxWorld available. Simply
email kevin@eff.org for yours - first come, first served.
EFF at LinuxWorld Location:
Booth #562
Moscone Convention Center
747 Howard Street
San Francisco CA 94103 USA
For more information, please see:
http://www.linuxworldexpo.com
*****
Free Dmitry Party at LinuxWorld
If you're in San Francisco on Wednesday August 29, come check out
representatives of EFF at a fundraising party for Dmitry Sklyarov. EFF
board member Lawrence Lessig will be speaking, as will Free Software
Foundation President Richard Stallman. And there will be beer, music,
and much merriment!
Located close to the LinuxWorld Expo:
201 Ritch Street, 2nd Floor
San Francisco
7:30 PM to 12 midnight
For more information please see:
http://www.allseer.com/dmitryfundraisingparty/
*****
Free Dmitry March from LinuxWorld to Federal Building
While you're at LinuxWorld, join EFF members, the Free-Sklyarov
mailing list, and the community at large in a protest march to the
Federal Building in San Francisco starting at at 11:30 AM on Thursday,
August 30. Protesters will gather at Moscone North on the public
sidewalk on Howard Street between 3rd and 4th Streets and marching
approximately nine blocks to the Federal Building.
For more information please see:
http://zork.net/pipermail/free-sklyarov/2001-August/003774.html
and
http://freesklyarov.org/
_________________________________________________________________
Administrivia
EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
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+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
To Join EFF online, or make an additional donation, go to:
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