Copyright Battle Threatens Right to Surf and Email Anonymously

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Tue, 20 Jun 2006 23:14:04 -0700 (PDT)

Copyright Battle Threatens Right to Surf and Email Anonymously

 

 

 

 

Copyright Battle Threatens Right to Surf and Email Anonymously

 

 

This newsletter is printed on 100% recycled electrons.

 

EFFector Vol. 19, No. 23 June 20, 2006 editor

 

A Publication of the Electronic Frontier Foundation

ISSN 1062-9424

 

In the 383rd Issue of EFFector:

 

* Action Alert - Tell Your Senator To Take Out The Flags

* EFF and Government Face Off Over 'State Secrets' in San

Francisco Courtroom

* Government Asserts It Is Above the Law in AT & T Case

* Copyright Battle Threatens Right to Surf and Email

Anonymously

* EFF Podcast #3: Line Noise Goes to Washington

* EFF Seeks Staff Technologist

* Support EFF Through GoodSearch.com

* miniLinks (11): Skype and CALEA

* 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

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* Action Alert - Tell Your Senator To Take Out the Flags

 

The Communications, Consumers Choice, and Broadband

Deployment Act of 2006 is a monster name for a monster bill

-- in its latest form, it contains 159 pages of densely

plotted telecommunications reform. But while politicians

struggle with its major clauses, the RIAA and MPAA have

piggybacked their own agenda: the broadcast and audio flags,

which restrict innovation and legitimate use of recorded

digital radio and TV content. Your call today could force

the flags to find a home of their own.

 

The Committee markup of this bill is on Thursday, and your

Senator is on the Commerce Committee. One last push from

you could get Congress to remove the entertainment industry

mandates from the bill.

 

IF YOU HAVE FIVE MINUTES

 

Please call your Senator (numbers below). Here's a sample

script:

 

STAFFER:

Hello, Senator Lastname's office.

 

YOU:

Hi, I'm a constituent, and I'd like to let the Senator know

that I don't think the broadcast and audio flag provisions

belong in S. 2686, the Communications, Consumers Choice and

Broadband Deployment Act. These are anti-consumer

provisions, which would give the FCC far-reaching powers,

and give the entertainment industry a dangerous veto over

new technologies. I hope the Senator will insist on

excluding these provisions on Thursday.

 

STAFFER:

Okay, I'll let the Senator know. Thanks.

 

Chairman Ted Stevens (AK), (202) 224-3004

John McCain (AZ), (202) 224-2235

Conrad Burns (MT), Main: 202-224-2644

Trent Lott (MS), (202) 224-6253

Kay Bailey Hutchison (TX), (202) 224-5922

Gordon H. Smith (OR), (202) 224 3753

John Ensign (NV), (202) 224-6244

George Allen (VA), (202) 224-4024

John E. Sununu (NH), (202) 224-2841

Jim DeMint (SC), (202) 224-6121

David Vitter (LA),(202) 224-4623

Co-Chairman Daniel K. Inouye (HI), (202) 224-3934

John D. Rockefeller (WV), (202) 224-6472

John F. Kerry (MA), (202) 224-2742

Barbara Boxer (CA), (202) 224-3553

Bill Nelson (FL), (202) 224-5274

Maria Cantwell (WA), (202) 224-3441

Frank R. Lautenberg (NJ), (202) 224-3224

E. Benjamin Nelson (NE), (202) 224-6551

Mark Pryor (AR), (202) 224-2353

 

IF YOU HAVE ONE MINUTE:

 

Go to our Action Center, and send a letter to your Senator

explaining why he or she should insist on the removal of the

flags:

<http://action.eff.org/site/Advocacy?id=223>

 

Text of the Bill:

<http://www.govtrack.us/congress/bill.xpd?bill=s109-2686>

 

To learn more about the broadcast flag:

<http://www.eff.org/broadcastflag>

 

To learn more about the audio flag:

<http://www.eff.org/IP/digitalradio>

 

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* EFF and Government Face Off Over 'State Secrets' in San

Francisco Courtroom

 

Friday Hearing Over Motions to Dismiss AT & T Surveillance

Case

 

San Francisco - On Friday, June 23, at 9:30 a.m., a federal

judge in San Francisco will hear oral arguments on the U.S.

government's motion to dismiss the Electronic Frontier

Foundation's (EFF's) class-action lawsuit against AT & T.

 

EFF's suit accuses the telecom giant of collaborating with

the National Security Agency (NSA) in illegal spying on

millions of ordinary Americans. The government contends

that even if the NSA program is illegal, the lawsuit should

not go forward because it might expose state secrets.

 

The judge will also consider AT & T's motions to dismiss the

case in Friday's hearing. Additionally, he will hear

requests from media organizations to intervene and unseal

critical evidence filed in the lawsuit.

 

WHAT:

Hepting v. AT & T

 

WHEN:

June 23, 9:30 a.m.

 

WHERE:

450 Golden Gate Ave., Courtroom 6

San Francisco, CA 94102

 

For more on EFF's case against AT & T:

<http://www.eff.org/legal/cases/att/>

 

For this release:

<http://www.eff.org/news/archives/2006_06.php#004750>

 

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* Government Asserts It Is Above the Law in AT & T Case

 

Late last Friday night, the Government filed its reply

brief, providing a last round of written briefing in advance

of this week's hearing in our case against AT & T for

collaborating with the Government's surveillance program.

Finally the Administration has come out and flatly said what

it has hinted at throughout its arguments: that the program

is above the law.

 

The Government wrote that " the court -- even if it were to

find unlawfulness upon in camera, ex parte review -- could

not then proceed to adjudicate the very question of awarding

damages because to do so would confirm Plaintiffs'

allegations. "

 

Essentially the Government is saying that, even if the

Judiciary found the wholesale surveillance program was

illegal after reviewing secret evidence in chambers, the

Court nevertheless would be powerless to proceed. The

Executive has asserted that the Program, which has been

widely reported in every major news outlet, is still such a

secret that the Judiciary (a co-equal branch under the

Constitution) cannot acknowledge its existence by ruling

against it. In short, the Government asserts that AT & T and

the Executive can break the laws crafted by Congress, and

there is nothing the Judiciary can do about it.

 

We intend to vigorously oppose this radical assertion of

power. Please consider donating to EFF and help stop the

illegal spying.

 

Learn more about the case and read case documents:

<http://www.eff.org/legal/cases/att/>

 

Donate to EFF and help stop the illegal spying:

<http://secure.eff.org/att>

 

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* Copyright Battle Threatens Right to Surf and Email

Anonymously

 

EFF Argues Against Broad Subpoena for User Identities

 

San Francisco - The Electronic Frontier Foundation (EFF)

argued Tuesday that a battle between Internet real estate

services over copyrighted images should not threaten the

rights of users to surf web pages and send emails

anonymously.

 

The case began when CoStar, a real estate information

database, subpoenaed LoopNet, an online real estate forum,

over copyrighted photographs that appeared on LoopNet's

service. However, CoStar demanded not only the

identification of the uploaders of the offending images, but

also identification of " downloaders " -- using a dangerously

broad definition that includes both those who simply view

the photos online and those who merely email links to the

photos to others.

 

" If upheld, this subpoena would pierce the anonymity of

virtually anyone who has ever received, forwarded, or

clicked on a link to a webpage that happened at one time to

contain a thumbnail of a photograph to which CoStar owns the

copyright, " said EFF Staff Attorney Corynne McSherry.

 

" Courts have long recognized that the right to engage in

anonymous communication is fundamental to a free society, "

said EFF Staff Attorney Jason Schultz. " CoStar wants to

strip Internet users of that anonymity just because they

clicked on a link. "

 

The next hearing in CoStar v. LoopNet is set for August 2.

 

For the full amicus brief:

<http://www.eff.org/legal/cases/Costar_v_Loopnet/EFF_amicus_costar_v_loopnet.pdf\

>

 

For this release:

<http://www.eff.org/news/archives/2006_06.php#004754>

 

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* EFF Podcast #3: Line Noise Goes to Washington

 

Our latest EFF podcast reverses the polarity of the standard

media interview, as we quiz Washington journalist Drew

Clark, the National Journal's tech policy expert. He gives

us his impartial, frontline view of the battle for the

broadcast and audio flags in Congress.

 

To download and to Line Noise:

<http://www.eff.org/deeplinks/archives/004752.php>

 

For EFF podcast PSAs:

<http://www.eff.org/press/PSA/>

 

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* EFF Seeks Staff Technologist

 

The Electronic Frontier Foundation (EFF), an Internet civil

liberties nonprofit organization based in San Francisco, is

seeking a fulltime Staff Technologist to work in our Mission

District office.

 

EFF works in that difficult space where law and technology

collide. Unlike other nonprofit law firms, EFF is known for

our technical expertise. Along with our webmaster and

sysadmin, EFF's tech staff includes a couple of

technologists who translate technical issues to two major

audiences: 1) EFF attorneys, who need to understand the

specifics of how technology works in order to do their legal

work and 2) the general public, which looks to EFF to

explain what's really going on in non-technical jargon.

 

The staff technologist job includes being part of litigation

teams, writing white papers, attending technical meetings,

public speaking, preparing evidence or declarations to be

presented to courts, and working with the rest of EFF's

staff. Technical expertise is absolutely required, as is

great writing skill and a healthy respect for deadlines. As

part of the tech team, the staff technologist will sometimes

be asked to pitch in and assist with whatever tech issue

happens to be causing a problem at the moment. A

willingness to be a team player is a must. The job requires

some travel.

 

Requirements:

 

* Bachelor's degree in electrical engineering, computer

science or a related technical field (mathematics, physics,

etc.), or equivalent experience;

 

* Strong writing and public speaking skills. Must have

technical writing sample(s) illustrating the explanation of

a technical topic to an intelligent lay audience;

 

* Detailed knowledge of and experience using and

programming for at least one computer operating system;

 

* Detailed knowledge of and experience using at least one

(preferably low-level) programming language, such as C;

 

* Knowledge of or willingness to learn about information

security topics such as cryptography and digital rights

management (DRM); and

 

* Familiarity with Internet architecture and network

protocols.

 

In addition, the ideal candidate will have:

 

* Experience with radio frequency technologies and

communications;

 

* Detailed knowledge of the Microsoft Windows platform

(development, debugging, reverse engineering, etc.);

 

* Hardware engineering experience;

 

* System administration or system programming experience;

and/or

 

* Experience presenting at technical conferences.

 

To apply, send a cover letter and your resume to

stafftech. Please send these materials in a non-

proprietary format. No phone calls please! Principals

only.

 

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* Support EFF Through GoodSearch.com

 

GoodSearch.com is a new search engine that donates half its

revenues to charities, schools, and nonprofits designated by

its users. Before doing a search, simply enter " Electronic

Frontier Foundation " in the " I'm Supporting " box, and your

searches will contribute to our cause. And check out the

site on June 29, when EFF will be the featured Charity of

the Day.

<http://www.goodsearch.com>

 

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* miniLinks

miniLinks features noteworthy news items from around the

Internet.

 

~ Skype and CALEA

Tim Lee wonders if Skype's free US phone call plan isn't a

pre-emptive defense against overbroad CALEA requirements.

<http://www.techliberation.com/archives/039538.php>

 

~ Musicians Who Get It

A catalog of musicians who understand how to make money in a

digital world.

<http://www.techdirt.com/articles/20060605/1759213.shtml>

 

~ Broadcast Flag and Network Neutrality in the Stevens Bill

Regulation: bad for telcos, but okay for consumer technology?

<http://www.publicknowledge.org/node/466>

 

~ The Corruptibles - The Man Replies

Our esteemed opponents post their response to EFF's cartoon

on YouTube.

<http://www.youtube.com/watch?v=Hggk4w9d3qY>

 

~ Fair Use Network

An online guide to creators for their rights under fair use.

<http://fairusenetwork.org/>

 

~ John W. Dean on " State Secrets Privilege " and the NSA

Nixon's counsel on why cases against the illegal wiretapping

program should not be blocked.

<http://writ.news.findlaw.com/dean/20060616.html>

 

~ Is the Broadcast Treaty Unconstitutional?

James Boyle, writing in the Financial Times, notes that the

constitution only grants IP rights to " authors and

inventors. "

<http://news.ft.com/cms/s/fa07af4a-fadc-11da-b4d0-0000779e2340.html>

 

~ Fighting the Australian DMCA

Linux Australia kick-starts a campaign.

<http://www.linux.org.au/law/>

 

~ Ulysses, James Joyce, and the Right to Research

The New Yorker peers at the unhappy tale of Joyce material

that was sucked out of the public domain, into the hands of

capricious executors.

<http://www.newyorker.com/fact/content/articles/060619fa_fact>

 

~ Tech vs. Telcos in Washington

The challenges of Silicon Valley companies battling

entrenched telco lobbyists in D.C.

<http://www.businessweek.com/technology/content/jun2006/tc20060608_602015.htm?ca\

mpaign_id=rss_tech>

 

~ Pwning Washington

Cory of Linden Labs wonders if it isn't time gamers joined

the lobbying effort.

<http://terranova.blogs.com/terra_nova/2006/06/pwnage_and_the_.html>

 

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* 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

 

Membership & donation queries:

membership

 

General EFF, legal, policy, or online resources queries:

information

 

Reproduction of this publication in electronic media is

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views of EFF. To reproduce signed articles individually,

please contact the authors for their express permission.

Press releases and EFF announcements & articles may be

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Current and back issues of EFFector are available via the

Web at:

<http://www.eff.org/effector/>

 

 

 

This newsletter is printed on 100% recycled electrons.