EFFector Vol. 23, No. 01 January 6, 2010 editor@eff.org In our 524th issue: ~ EFF Fights for Anonymity for Online Critic The Electronic Frontier Foundation (EFF) has asked a federal judge in San Francisco to quash a baseless subpoena aimed at outing an anonymous online critic of a Pennsylvania company called USA Technologies. A hearing in the case took place on Friday, December 18. The judge has not yet issued a ruling. Earlier this year, EFF's client -- Yahoo! user "stokklerk" -- posted to the Yahoo! message board dedicated to the company, criticizing USA Technologies and its CEO George Jensen, Jr., for plummeting stock prices, high compensation rates for executives, and consistent lack of profitability. Another anonymous poster had similar complaints. In response, USA Technologies filed suit in the Eastern District of Pennsylvania, alleging that the statements violated federal securities regulations because they were part of a "scheme" for the authors to "enrich themselves through undisclosed manipulative trading tactics." USA Technologies also alleged that the online posts were defamatory. As part of that lawsuit, USA Technologies issued a subpoena out of the Northern District of California to Yahoo! asking for the critics' identities. For the full press release: https://www.eff.org/press/archives/2009/12/15 ~ Lawsuit Demands Answers About Social-Networking Surveillance EFF, working with the Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, School of Law (Samuelson Clinic), filed suit against a half-dozen government agencies for refusing to disclose their policies for using social networking sites for investigations, data-collection, and surveillance. Recent news reports have publicized the government's use of social networking data as evidence in various investigations, and Congress is currently considering several pieces of legislation that may increase protections for consumers who use social-networking websites and other online tools. In response, the Samuelson Clinic made over a dozen Freedom of Information Act (FOIA) requests on behalf of EFF to the Central Intelligence Agency, the Department of Justice, the Department of Homeland Security, and other agencies, asking for information about how the government collects and uses this sensitive information. A hearing on our lawsuit will be held next week. For the full press release: https://www.eff.org/press/archives/2009/11/30 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Updates: ~ EFF Helps Blogger Subpoenaed by TSA, TSA Backs Down On December 31, 2009, the Transportation Security Administration backed off on an ill-considered administrative subpoena it issued to transportation industry blogger, Christopher Elliott. EFF assisted Mr. Elliott in responding to the subpoena. The subpoena was hand-delivered to Mr. Elliot by a TSA representative on the evening of December 29, 2009. It sought all documents “concerning your receipt of TSA Security Directive 1544-09-06 dated December 25, 2009.” The much-criticized directive had been given to hundreds of employees of TSA and the airlines and described some of the passenger-related security measures put into place in the immediate aftermath of the unsuccessful attempted bombing of a Northwest Airlines flight on December 25, 2009. The directive expired on December 30, 2009. Mr. Elliott obtained it in the course of his coverage of the situation and had sought TSA comment before publishing. The subpoena demanded all documents by the close of business on December 31, 2009, just two days after the agent delivered it. https://www.eff.org/deeplinks/2010/01/eff-helps-blogger-subpoenaed-tsa-tsa-backs-down ~ Most Pirated Movie of 2009…Makes Heaps of Money According to TorrentFreak, last summer’s Star Trek movie was the “most pirated movie of 2009.” So it seems that Paramount Pictures was prescient when it gave testimony before the FCC that used Star Trek as an illustrative example of how “Internet piracy” is poised to devastate Hollywood and (though the nexus here is less than clear) undermine residential broadband in America. Funny thing is, Star Trek is on course to make more than $100 million in profits. https://www.eff.org/deeplinks/2009/12/most-pirated-movie-makes-heaps-money ~ Doctorow: How to Destroy the Book Former EFF staffer turned novelist Cory Doctorow gave a stirring speech entitled “How to Destroy the Book” in November at a Canadian conference dedicated to literacy. Fittingly, it was spontaneously transcribed and posted online at TheVarsity.ca. The whole thing is terrific, but the first portion, an elegy to books and what they mean to us, is highly recommended to anyone who loves books. For the full Deep Link: https://www.eff.org/deeplinks/2009/12/doctorow-how-destroy-book For the full text of the speech: http://thevarsity.ca/articles/23855 ~ Fighting Internet Censorship in Australia Our fellow Internet freedom advocates at Electronic Frontiers Australia are gearing up for an important fight in the new year as the Australian government proposes mandatory national Internet filters with a secret blacklist. EFA is looking for volunteers and colleagues particularly Australians to help take on this critical issue. https://www.eff.org/deeplinks/2009/12/fighting-internet-censorship-australia ~ Who Knows Who Your Facebooks Friends Are? As you may have heard by now, one of the biggest problems with Facebook’s recent privacy overhaul was that it removed users’ ability to hide their friend lists from the world. This was one of several changes that were met with substantial criticism and anger from the media and Facebook users. Facebook's ostensible goal in this overhaul was to give users more clarity, flexibility and control. But, with friend lists, they've accomplished exactly the opposite. https://www.eff.org/deeplinks/2009/12/who-knows-who-your-facebook-friends-are ~ Intelligence Agencies Release Docs Describing Misconduct The Department of Homeland Security, the Department of State, the Office of the Director of National Intelligence and the National Security Agency released 162 pages of intelligence oversight reporting in response to a Freedom of Information Act lawsuit filed by EFF in July. The reports, made to a presidential advisory committee called the Intelligence Oversight Board, detail intelligence activities that the agencies "have reason to believe may be unlawful." EFF has posted the documents to our website and is in the process of reviewing them. https://www.eff.org/deeplinks/2009/12/intelligence-agencies-release-docs-describing-misc ~ Good News from WIPO: U.S. Delegation Supports Visually Impaired Citizens The World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights met in Geneva to discuss a proposed treaty intended to increase access to books and other information in formats accessible to the world's blind, visually impaired and print disabled citizens. There's a chronic shortage of accessible format material across the world. In the U.S. it's estimated that only 5% of published works are available in formats accessible to visually impaired persons. In the U.K. it's 4% and in India it's 0.5%. The treaty is intended to address two things that have led to this situation: first, the lack of exceptions in countries' national copyright laws that would permit creation of accessible format copies of works for the visually impaired without having to seek prior permission from copyright owners; second, uncertainty about the legality of importing and exporting accessible format material created under a national exception or special license in one country for use by visually impaired citizens in another country. In a thoughtful and clear statement, the U.S. delegation to WIPO acknowledged the concerns of the visually impaired community and suggested how the international copyright community should proceed in addressing the needs of those with print disabilities. https://www.eff.org/deeplinks/2009/12/u-s-delegation-supports-visually-impaired ~ White House Takes Another Step Towards Greater Transparency The Obama Administration has issued its long-awaited Open Government Directive (OGD), a blueprint for transparency that the President promised on his first full day in office nearly a year ago. The OGD imposes four broad mandates on the federal bureaucracy: 1) publish government information online; 2) improve the quality of government information; 3) create and institutionalize a culture of open government; and 4) create an enabling policy framework for open government. The Directive sets time limits, ranging from 45 to 120 days, for agency action to implement specific benchmarks. Hopefully the OGD is the first of many concrete steps that will be taken to alter the entrenched culture of secrecy that pervades the federal government. https://www.eff.org/deeplinks/2009/12/white-house-takes-another-step-toward-greater-tran ~ EFF Submits Key Brief in State Secrets Privilege Case EFF has filed an amicus brief in the Ninth Circuit's en banc review of Mohamed v. Jeppeson, a case brought by the ACLU challenging the CIA's extraordinary rendition program. A panel of the Ninth Circuit Court of Appeals had rejected the government's argument that the case had to be dismissed at the outset due to the state secrets privilege. The panel decision is now being considered by a larger, en banc panel of the Court. https://www.eff.org/deeplinks/2009/12/eff-submits-brief-support-state-secrets-privilege- ~ Terms of (Ab)Use: Are Terms of Service Enforceable? In the first of a series of white papers on terms of service (TOS) issues, EFF has released "The Clicks That Bind: Ways Users “Agree” to Online Terms of Service." The paper aims to answer a fundamental question: when do these ubiquitous TOS agreements actually become binding contracts? We discuss how courts have reacted to efforts by service providers to enforce TOS agreements and suggest best practices for service providers to follow in presenting terms to a user and for seeking his or her agreement to them. https://www.eff.org/deeplinks/2009/11/white-paper-clicks-bind-ways-users-agree-online-te ~ Google Books Settlement 2.0: Evaluating Censorship When it comes to evaluating the proposed Google Books settlement, the principal potential benefit to the public (i.e., increased access to books online) must be weighed against the potential drawbacks (i.e., impediments to competition and inadequate protection for privacy). Another potential downside for the public in the proposed settlement is the risk of censorship. If Google's scans under the proposed settlement are likely to be the only chance millions of books will have for a digital life, then the potential for censorship is something to be taken very seriously indeed. https://www.eff.org/deeplinks/2009/11/google-books-settlement-2-0-evaluating-censorship ~ Destabilizing the UK’s Digital Economy Much of the coverage of the UK's proposed Digital Economy bill has centered, and rightly so, on the damaging consequences to civil liberties for Britons caused by its Internet termination provisions. Less documented is how damaging these regulations are for the bill's own namesake: Britain's present and future digital economy. https://www.eff.org/deeplinks/2009/12/destabilizing-uks-digital-economy ~Senator Bayh Responds on ACTA Senator Evan Bayh recently responded to a constituent's concerns about the Anti-Counterfeiting Trade Agreement (ACTA). Sadly, Senator Bayh's letter is troubling and frustrating. He echoes the USTR's misleading conflation of "counterfeiting" and "copyright infringement," doesn't address the draconian Internet provisions, and, worst of all, fails to acknowledge the most egregious problem altogether -- that ACTA is being negotiated in secret and being hidden from Congress and the public. https://www.eff.org/deeplinks/2009/11/senator-bayh-responds-acta ~ Surveillance Shocker: Sprint Received 8 Million Law Enforcement Requests for GPS Location Data in the Past Year —Armed with a tape recorder, computer security researcher, oft-times journalist, and current technical consultant for the FTC's privacy protection office Chris Soghoian attended a closed-door conference called “ISS World” looking for information about the scope of the government's surveillance practices in the US. ISS World — the "ISS" is for "Intelligence Support Systems for Lawful Interception, Criminal Investigations and Intelligence Gathering" — is where law enforcement and intelligence agencies consult with telco representatives and surveillance equipment manufacturers about the state of electronic surveillance technology and practice. What Soghoian uncovered, as he reported in his blog, is more shocking and frightening than anyone could have expected. Paul Taylor, Sprint/Nextel's Manager of Electronic Surveillance, complained about the 8 million requests Sprint received from law enforcement in the past year for precise GPS (Global Positioning System) location data revealing the location and movements of Sprint's customers. https://www.eff.org/deeplinks/2009/12/surveillance-shocker-sprint-received-8-million-law : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ NYT Editorial: Twitter Tapping The Times’ editorial board speaks out in support of EFF’s lawsuit seeking government guidelines for the monitoring of social networking sites. http://www.nytimes.com/2009/12/13/opinion/13sun2.html?_r=1 ~ Indie Music Boss Resigns from UK’s RIAA Over Digital Economy Bill Anthony Hall says the 3-strikes legislation would bring government powers that will “haunt the industry.” http://newsblog.thecmuwebsite.com/post/Pure-Mint-boss-resigns-BPI-committee-over-Digital-Economy-Bill.aspx ~ Yahoo Issues Takedown Notice for Spying Price List Yahoo's pricelist for legal spying was leaked to Cryptome, and the web giant responded with a DMCA takedown. http://www.wired.com/threatlevel/2009/12/yahoo-spy-prices ~ Streaming Doesn't Exist Cory Doctorow explains why streaming music and movies will never solve the entertainment industry's woes. http://www.guardian.co.uk/technology/2009/dec/08/music-streaming-cory-doctorow ~ Hacker Spaces and the Law EFF's Jennifer Granick at Noisebridge talking about how hacker spaces can avoid problems with courts and police. http://blip.tv/file/2949647 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * Be a Superhero: Give Today and Get an EFF xkcd Shirt! You have one more week to join EFF and receive a special edition EFF 20th anniversary xkcd t-shirt or hooded sweatshirt! This exclusive xkcd apparel is only available until January 15! Donate today to join xkcd in celebrating this milestone in EFF history and online rights: http://secure.eff.org/friends2009 * Bloggers' Rights Shirts are Back! Special edition bloggers' rights shirts are back for a limited time! The bloggers' rights shirt features EFF's unmistakable red and yellow bloggers rights graphic on the front and the EFF logo on the back. Supplies (and sizes) are limited. Show how much you value free speech and get yours today: http://secure.eff.org/shop To learn more about your rights, check out EFF's Legal Guide for Bloggers on our website: http://www.eff.org/bloggers * Help EFF with Airline Miles or Hotel Points! EFF is looking for donations of airline miles, flight vouchers, or hotel points for outreach events and speaking engagements. If you have enough airline miles for a free ticket and would like to send an EFF staffer to a conference, let us know, and we will help you with the process of making the reservation. Please note that at this time we are unable to combine miles from multiple individuals or airlines. We are also looking for hotel rewards points to help reduce our overall travel costs. As thanks for your donation, we can offer a free membership and a mention in EFFector (if you'd like). Please contact aaron@eff.org if you can help! * Volunteer at EFF! EFF is looking for volunteers to assist with operations in our membership department. If you're organized, detail-oriented, and looking for a hands-on way to support EFF, contact us today! Duties include: * Sending out membership packets * Organizing premiums * Printing mailings * Assisting with events Learn about fundraising operations in the nonprofit world while supporting your favorite organization in a tangible way! Interest in grassroots fundraising is a plus, as is familiarity with EFF's issues. Send a letter of interest to aaron@eff.org *EFF at CES in Las Vegas! EFF will be at the 2010 International Consumer Electronics Show from January 7-10 at the Las Vegas Convention Center North Hall in the Publication and Trade Association Lounge area next to main registration. Be one of the first 99 visitors to locate us and score a free EFF sticker! Plus catch Fred von Lohmann, Senior Intellectual Property Attorney, in action with "Rethinking the Future of Creative Works: Business and Policy Challenges" in the North Hall on Thursday, 1/7, at 1:30 PM. Session details: http://www.cesweb.org/sessions/search/sessionDetails.asp?sessionid=3646 Location: Las Vegas Convention Center (LVCC) North Hall 3150 Paradise Rd Las Vegas, NV 89109 (702)892-0711 Exhibit Hall Hours: Thursday, January 7: 10-6 PM Friday, January 8: 9-6 PM Saturday, January 9: 9-6 PM Sunday, January 10: 9-4 PM For More Information: http://www.cesweb.org : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Eva Galperin, Referral Coordinator eva@eff.org Membership & donation queries: membership@eff.org To support EFF: http://links.eff.org/emaildonate General EFF, legal, policy, or online resources queries: information@eff.org
