DeepLinks Archives, January 2007
Noteworthy news from around the internet.
Audio From ACLU v. NSA Hearing Today
Posted by Derek SlaterToday, the ACLU urged the Sixth Circuit Court of Appeals to uphold a lower court ruling that the NSA's warrantless wiretapping is illegal and unconstitutional. Audio from the hearing is available at the Sixth Circuit's website as an MP3. Update: You can also download the MP3 from our servers here.
This case deals with the so-called "Terrorist Surveillance Program" that the President has publicly confirmed. EFF has sued AT&T for its role in the NSA's illegal spying, which we allege goes beyond what the President has directly admitted and intercepts the phone and Internet communications of millions of ordinary Americans. Last summer, Judge Walker rejected the government's motion to dismiss EFF's case, along with AT&T's motion to dismiss, and allowed the case to go forward. That ruling is also on appeal.
These cases are critical to stopping the illegal spying, but it's also important that Congress do its part -- take action now and tell Congress to start immediate and thorough investigations.
Florida Governor: Dump E-Voting Machines
Posted by Hugh D'AndradeFlorida Governor Charlie Crist says his state should dump the touch-screen voting systems that were installed after the disputed 2000 presidential race in favor of more reliable optical-scanning machines. Voters would mark up a paper ballot and be able to verify their vote on the spot with a paper receipt.
"You go to an ATM machine, you get some kind of a record. You go to the gas station, you get a record. If there's a need for a recount, it's important to have something to count," said Crist. The governor plans to ask the Florida legislature for $20 million to replace the touch-screen machines.
The current machines provide no paper backup, and have been plagued by irregularities and scandal in recent elections. EFF and a coalition of voting integrity groups, representing Sarasota County voters, have filed suit in state court in Tallahassee asking for a re-vote in Florida's 13th congressional district. In a high-profile battle over former Rep. Katherine Harris' seat, the result was decided by 363 votes, yet over 18,000 ballots cast on Sarasota County's e-voting machines registered no vote in the race, an exceptional anomaly in the State.
To find out more about EFF's work defending your right to vote, visit our E-voting page.
Microsoft's Vista: Read the Fine Print!
Posted by Hugh D'AndradeAfter numerous delays, Microsoft has launched its new Vista operating system and proclaimed the "Wow starts now." Thanks for filling us in, Microsoft, but what is there to be wowed about? Maybe Microsoft's talking about the collective gasp among consumers who are looking at the litany of restrictions buried within Vista's End User License Agreement (EULA).
As law professor Michael Geist explains in an editorial this week, "In the name of shielding consumers from computer viruses and protecting copyright owners from potential infringement, Vista seemingly wrestles control of the ‘user experience' from the user."
For instance, Vista's EULA limits the numbers of copies that can be made (allowing only one for backup purposes). The anti-virus program that comes with Vista reserves the right to delete any programs it deems dangerous without permission, even though this could mean the removal of legitimate and useful software (or prevent other software from working). And the EULA warns users that "you may not work around any technical limitations of the software."
And that's not all -- read the whole editorial for more, and, check out EFF's "User's Guide to EULAs" for more information on this subject.
miniLinks for 2007-01-30
Posted by Danny O'Brien
- DMCA for China?
A new copyright law would make it an offense in China to
"break encryption set by copyright owners."
- AACS to Pursue DRM Circumventors
Says it will use "both technical and legal measures." So,
will they be suing their own members for leaving the title
keys in the clear?
- Vista's New DRM Crumbles
Alex Ionescu bypasses the driver-signing requirement for
playing Vista premium content. This would mean that you
could play HD movies using open source hardware, except
that Alex is cagey about publishing with the DMCA hanging
over his head.
- Vista's Fine Print
Michael Geist on the legal agreements buried in Microsoft
Vista's EULA.
- We've Got a Warrant Now, Can You Leave Us Alone?
The government seeks to dismiss the ACLU's NSA spying
program lawsuit after obtaining a secret order from a
secret court.
- Gonzalez Claims Constitution Has Fine Print
It doesn't grant habeas corpus, he says, in defiance of the
text.
- Hillary Clinton on Privacy
Wants to introduce an EU-style data protection bill and
suggests that dragnet surveillance might be conducted in an
"anonymized" way.
- Pontiac Donates to EFF?
Detroit's local newspaper covers a strange twist to a
Pontiac Second Life experiment.
- Diebold Shows How to Make Your Own Voting Machine Key
Diebold's pictures of replacement e-voting keys are
sufficient to construct them yourself.
- Publishers Plan Dirty Tactics Against Open Science
PR's "pit bull" gives his ideas for fighting the free
dissemination of scientific works.
Zyprexa update: New York Times Dragged In?
Posted by Fred von LohmannYesterday, we had a new development in the ongoing fight over the release of incriminating internal Eli Lilly documents relating to their top-selling drug, Zyprexa (background here: 1, 2, 3). In an "order and invitation" issued yesterday, Judge Weinstein has "invited" Alex Berenson, the New York Times reporter who broke the Zyprexa documents story, to appear in court "to explain the circumstances of his obtaining documents sealed by the court."
This development does not change anything for EFF's client, a contributor to zyprexa.pbwiki.com, or for the other websites (MindFreedom and AHRP) that have been enjoined by the court. Because they were not involved in the initial disclosure of the documents, the ongoing injunction against them still constitutes a prior restraint in violation of the First Amendment, whatever the New York Times may or may not have done.
Blogging WIPO: The Broadcasting Treaty Creeps Forward Despite Disagreement
Posted by Gwen HinzeIt's been just over a week since the WIPO Standing Committee on Copyright and Related Rights met in Geneva with the intention of finalizing a new signal-based Broadcasting Treaty to be the basis of negotiations at an inter-governmental Diplomatic Conference scheduled for November. However, after three days of intense meetings, it's impossible to say with any certainty what a new version of the treaty would say.
The proposed Broadcasting Treaty could take one of two approaches (or perhaps fall somewhere unsatisfyingly in-between). At one end of the spectrum, there's the current draft's dangerous "rights-based" approach that would lock-down devices like TiVos and curtail consumers' rights to make use of recorded video and audio. At the other end of the spectrum is a signal theft approach that would provide for narrower, tailored remedies against intentional unauthorized interception and redistribution of a broadcast signal.
As we've previously reported, there is widespread support for moving towards a signal-based treaty that should differ considerably from the current draft. That, of course, requires agreement on a new treaty text. If WIPO Member States can't reach agreement, two things are possible. First, there might not be a Diplomatic Conference later this year. That was the understanding of WIPO Deputy Director General Michael Keplinger at the meeting, and would seem entirely appropriate if there is no agreement after nine years of negotiations. Alternatively, and perhaps more likely, there might still be a Diplomatic Conference to negotiate on the current anti-innovation, anti-consumer rights-based draft (WIPO document 15/2). That would be the worst possible outcome for the Internet community.
So where to from here? Read on after the jump.
DJ Drama: The Blog Coverage
Posted by Fred von LohmannThe basic story has been widely covered: working with the RIAA, the Georgia police recently raided the studios of Aphilliates Music Group and arrested DJ Drama and DJ Cannon over the hip hop "mixtape" CDs that the studio is famous for. These are the same mixtapes that the record labels often pay DJs to create to promote their own hip hop artists.
In the aftermath of the arrests, the blogosphere is taking over the coverage, demonstrating its value as a medium that continues to cover events after many traditional journalists have branded it "yesterday's news" or "too complicated for our readers."
First, a number of sites have sprung up to contribute perspectives from inside the community of mixtape DJs and their fans. Free The DJs, for example, has posted the search and arrest warrants and an account by DJ Drama's sister:
"No one will ever be able to explain to me why the hell a SWAT Team of at least 30 strong went charging into the Aphilliates Music Group studio as if they were doing a major drug or an illegal arms bust? Why did they need to put my brother Tyree (DJ Drama) and his cohorts face down on the ground with guns to their heads? Did the agents need to ransack the studio, confiscate cd's featuring artist sanctioned original music not bootlegs, disc drives, computers, cars, ultimately stripping the studio of everything with the exception of furniture..."
Second, the legal bloggers have done a great job explaining what laws are at issue. This is not a copyright case (which would have involved federal prosecutors, not local Georgia police). Instead, the charges are under the "true names and addresses" laws that the RIAA's lobbyists have pushed through in most states, which require that sound recordings include the "true name and address" of the manufacturer and the performing artist. For more information on the issues raised by these laws and their application to the DJ Drama situation, read the excellent posts at madisonian.net, as well as the comprehensive treatment by the analoghole blog (1, 2, 3, 4).
Keep the DJ Drama bust in mind when the RIAA asks to expand state "true names" laws to include the Internet (as they did in California in 2004) and when the Department of Justice pushes for new "drug-war style" powers in the federal copyright law. Could music fans soon find SWAT teams on their doorsteps? Sounds far-fetched, you say? Tell that to DJ Drama.
Maine Rejects Real ID
Posted by Hugh D'AndradeThe Real ID Act took a blow last week, when Maine became the first state to formally declare its opposition. The Maine legislature voted overwhelmingly to refuse to comply with the act's mandates, and requested that Congress repeal the law.
The Real ID Act essentially forces states to create a national ID. Under the law, state drivers licenses will only be accepted for "federal purposes" -- like accessing planes, trains, national parks, and court houses -- if they conform to certain uniform standards. The law also requires a vast national database linking all of the ID records together. Estimated costs of $12 billion or more will be passed on to the states and, ultimately, average citizens in the form of increased DMV fees or taxes.
"It's not only a huge federal mandate, but it's a huge mandate from the federal government asking us to do something we don't have any interest in doing," said Maine's House Majority Leader Hanna Pingree.
Meanwhile, opposition in other states is growing. Similar measures rejecting the Real ID Act are under consideration in 11 states, including Montana, Georgia, Massachusetts and Washington state.
For more information on the problems with the Real ID Act of 2005, visit EFF's Real ID page, as well as the ACLU's www.realnightmare.org.
DMCA Reformist To Speak at Stanford This Friday
Posted by Derek SlaterRep. Rick Boucher, who has long proposed legislation to reform the DMCA, will deliver a speech at Stanford Law School on Friday entitled, "Congress Must Balance its Copyright Agenda." More information is available here.
Worst Practices for Online Service Providers
Posted by Derek SlaterIn an instant, Seclists.org, including thousands of pages, vanished from the Internet this week. And if your online service providers have as weak a backbone as GoDaddy, the same thing could happen to your site.
Here's the story (as recounted by News.com): A list of MySpace user names and passwords began floating around online weeks ago, including in a Seclists.org post and many other places online. Rather than ask the Seclists.org's owner, Fyodor Vaskovich, to remove a single offending page, MySpace wrote to his domain name registrar GoDaddy, which shut down all 250,000 Seclists.org pages.
Did GoDaddy demand to receive a court order first? Was it at any legal risk? No. Apparently all it took was a single informal request from MySpace, and Seclists.org was gone, a mere 52 seconds after GoDaddy notified Vaskovich.
"I think the fact that we gave him notice at all was pretty generous," said GoDaddy's general counsel Christine Jones, in what has to be in the running for most ironic comment of the week.
All too often, that's what passes for customer service when your free speech is at stake. Internet intermediaries owe their customers more than that. GoDaddy should have given Vaskovich meaningful notice, time, and information to respond, and it should have been willing to stand up for his rights.
Read the News.com article for more, and check out EFF's Best Practices for Online Service Providers for more on how companies like GoDaddy ought to behave.
