Press Releases: 2005
EFF and Sony BMG Reach Settlement over Flawed DRM
Electronic Frontier Foundation (EFF) joined in this preliminary settlement agreement with Sony BMG this week to settle several class action lawsuits filed due to Sony's use of flawed and overreaching computer program in millions of music CDs sold to the public. The proposed terms of settlement have been presented to the court for preliminary approval and will likely be considered in a hearing set for January 6, 2005 in federal court in New York City.
After EFF Litigation, Diebold Pulls Out of North Carolina
Raleigh, North Carolina - After a series of lawsuits led by the Electronic Frontier Foundation (EFF) to defend North Carolina's election integrity laws, controversial electronic voting machine manufacturer Diebold Election Systems finally withdrew from the state's voting machine procurement process on Thursday.
EFF Defends Prisoners
Opposes Prison Mail Ban on Materials Printed from Internet
The Electronic Frontier Foundation (EFF) on behalf of Prison Legal News told a federal court Wednesday that Georgia state prisoners should be allowed to receive material printed from the Internet through the mail.
New Canadian Voice in Digital Rights Issues
Online Rights Canada Launches with EFF, CIPPIC Support
Toronto - Online Rights Canada (ORC) launched in Canada Friday, giving Canadians a new voice in critical technology and information policy issues. The grassroots organization is jointly supported by the Canadian Internet Policy & Public Interest Clinic (CIPPIC) and the Electronic Frontier Foundation (EFF).
North Carolina Sued for Illegally Certifying Voting Equipment
EFF Asks Court to Void Approval of Diebold and Others Without Source Code Review
Raleigh, North Carolina - The Electronic Frontier Foundation (EFF) on Thursday filed a complaint against the North Carolina Board of Elections and the North Carolina Office of Information Technology Services on behalf of voting integrity advocate Joyce McCloy, asking that the Superior Court void the recent illegal certification of three electronic voting systems.
Government Still Pushing for Cell Phone Tracking Without Probable Cause
EFF Urges New York Judge to Reject Latest Surveillance Request
New York - The Electronic Frontier Foundation (EFF) has asked a federal magistrate judge in New York City to reject a Department of Justice (DOJ) request to track a cell phone user without first showing probable cause of a crime. In a brief filed in New York on Tuesday, EFF and the Federal Defenders of New York argue that no law authorizes the government's request, and that granting the order would threaten Americans' Fourth Amendment right against unreasonable searches.
Update to Press Release: EFF Does Not Recommend Patch at This Time
Click here for more on the issues with the software patch.
SunnComm Makes Security Update Available To Address Recently Discovered Vulnerability On Its MediaMax Version 5 Content Protection Software, Which Is Included On Certain SONY BMG CDs
North Carolina Illegally Certifies Diebold E-voting System
Board of Elections Ignores Rules to Escrow Code, Identify Programmers
Raleigh, North Carolina - The North Carolina Board of Elections certified Diebold Election Systems to sell electronic voting equipment in the state yesterday, despite Diebold's repeated admission that it could not comply with North Carolina's tough election law. The Electronic Frontier Foundation (EFF) believes that this raises important questions about the Board of Elections' procedures as well as the integrity of Diebold's bid for certification.
DMCA Triennial Rulemaking: Failing Consumers Completely
EFF Bows Out of Broken Process
San Francisco - The Electronic Frontier Foundation (EFF) today released a report entitled "DMCA Triennial Rulemaking: Failing the Digital Consumer," describing why the third triennial DMCA rulemaking, currently underway before the U.S. Copyright Office, does not effectively address the concerns of American digital media consumers. In light of the shortcomings of the DMCA rulemaking procedure, EFF will not propose any DMCA exemptions for the 2006-2009 triennial rulemaking period.
Smart Card Research Threatened in DirecTV Case
EFF Fights Heavy-Handed Tactics From Satellite TV Giant
San Francisco - The Electronic Frontier Foundation (EFF) and the Center for Internet and Society Cyberlaw Clinic at Stanford University Law School filed an amicus brief in the Ninth Circuit Court of Appeals Wednesday, asking judges to protect legitimate researchers from the heavy-handed tactics of the DirecTV Group, Inc., a worldwide provider of digital television entertainment, broadband satellite networks and services, and global video and data broadcasting.
EFF Convinces North Carolina Judge To Throw Out Diebold E-Voting Case
E-Voting Company Forced to Comply with Election Transparency Laws
Raleigh, North Carolina - Responding to arguments made by the Electronic Frontier Foundation (EFF), a North Carolina judge today told Diebold Election Systems that the e-voting company must comply with tough North Carolina election law and dismissed the company's case seeking broad exemptions from the law.
FCC Urged to Suspend New Internet Wiretap Rules
EFF and Others Petition to Stop 18 Month Countdown to Internet Backdoors
EFF Files Class Action Lawsuit Against Sony BMG
Company Should Repair Damage to Customers Caused by CD Software
The Electronic Frontier Foundation (EFF), along with two leading national class action law firms, today filed a lawsuit against Sony BMG, demanding that the company repair the damage done by the First4Internet XCP and SunnComm MediaMax software it included on over 24 million music CDs.
EFF Media Advisory - Announcement Monday on EFF's Plans re: Sony BMG
San Francisco - The Electronic Frontier Foundation (EFF) will have an announcement on Monday about EFF's plans regarding the First4Internet XCP software and the SunnComm MediaMax software that Sony BMG included in 24 million copies of their music CDs. The software has affected the computers of unsuspecting customers when they used their CDs on computers running the Windows operating system.
For more on EFF's concerns see:
http://www.eff.org/IP/DRM/Sony-BMG/?f=open-letter-2005-11-14.html
Contacts:
Cindy Cohn
Diebold Attempts to Evade Election Transparency Laws
EFF Goes to Court to Force E-voting Company to Comply With Strict New North Carolina Law
Raleigh, North Carolina - The Electronic Frontier Foundation (EFF) is going to court in North Carolina to prevent Diebold Election Systems, Inc. from evading North Carolina law.
Guide for Student Bloggers Helps Kids Speak Out
Legal Blogging Tips from EFF
San Francisco - Millions of students across the country are speaking their minds in Internet blogs, and some kids are getting punished for it despite their right to free expression. School administrators in one New Jersey district disciplined a student for his website that was critical of the school. The student eventually received a settlement of $117,500 for the violation of his First Amendment rights, but not before he was suspended for a week and barred from going on his class trip.
Sony-BMG Should Recall Infected CDs, Repair Damage Done
EFF Issues Open Letter on Rootkit Controversy
San Francisco - Sony-BMG's damaging secret rootkit technology has potentially infected millions of computers around the world. Now, the Electronic Frontier Foundation (EFF) is asking Sony-BMG to publicly commit to fixing the problems it has caused for its music fans and take steps to reassure the public that its future CDs will respect its customers' ownership of their computer.
Are You Infected with Sony-BMG's Rootkit?
EFF Confirms Secret Software on 19 CDs
San Francisco - News that some Sony-BMG music CDs install secret rootkit software on their owners' computers has shocked and angered thousands of music fans in recent days. Among the cause for concern is Sony's refusal to publicly list which CDs contain the infectious software and to provide a way for music fans to remove it. Now, the Electronic Frontier Foundation (EFF) has confirmed that the stealth program is deployed on at least 19 CDs in a variety of genres.
News Website Can Keep Domain Name After Trademark Fight
AcompliaReport.com Settles Fair Use Dispute with Drug Company
San Francisco - A medical news website, with the assistance of the Electronic Frontier Foundation (EFF), has settled a dispute with a French pharmaceutical giant over using the name of a trademarked medication, Acomplia.
Justice Department Not Appealing Cell Phone Surveillance Cases
DOJ's Decision Denies Courts Guidance on When to Authorize Tracking
San Francisco - The US Department of Justice (DOJ) has told the Electronic Frontier Foundation (EFF) that it will not appeal a New York decision that forcefully rejected its request to track a cell phone user without first showing probable cause of a crime. It also appears that DOJ will not appeal a similar opinion recently issued in Texas.
File-Sharing Lawsuits Fail to Deter P2P Downloaders
RIAA v. The People: Two Years Later
Chicago - It's been two years since the Recording Industry Association of America (RIAA) started suing music fans who share songs online. Thousands of Americans have been hit by lawsuits, but both peer-to-peer (P2P) file sharing and the litigation continue unabated.
Court Issues Surveillance Smack-Down to Justice Department
No Cell Phone Location Tracking Without Probable Cause
New York - Agreeing with a brief submitted by EFF, a federal judge forcefully rejected the government's request to track the location of a mobile phone user without a warrant.
European Report Threatens Consumers' Rights
EFF Urges Fresh Inquiry Into Ramifications of DRM
London - The Electronic Frontier Foundation (EFF) has criticized a European Commission group for assuming that digital rights management (DRM) is the only way to foster development of the home audiovisual market.
In comments filed last week, EFF European Affairs Coordinator Cory Doctorow took the Networked Audiovisual Systems and Home Platforms (NAVSHP) group to task for its report on developing a harmonized system of DRM requirements. Doctorow urged NAVSHP to explore approaches grounded in empirical research, not industry mythology.
Secret Code in Color Printers Lets Government Track You
Tiny Dots Show Where and When You Made Your Print
San Francisco - A research team led by the Electronic Frontier Foundation (EFF) recently broke the code behind tiny tracking dots that some color laser printers secretly hide in every document.
The U.S. Secret Service admitted that the tracking information is part of a deal struck with selected color laser printer manufacturers, ostensibly to identify counterfeiters. However, the nature of the private information encoded in each document was not previously known.
Adult Website Lawsuit Threatens Google Image Search
Injunction Could Shut Down Popular Service
Los Angeles - The Electronic Frontier Foundation (EFF) filed a brief Wednesday in support of Google Image Search, arguing that a federal district court should reject a request for a preliminary injunction that could shut the service down.
Delaware Supreme Court Protects Anonymous Blogger
Requires Plaintiffs to Meet Strict Standard Before Unmasking Critic
Wilmington, Delaware - The Delaware Supreme Court has protected the identity of a blogger in the case of Doe v. Cahill, finding that the plaintiffs failed to meet the strict standards required by the First Amendment to unmask an anonymous critic. It dismissed the case Wednesday.
This is the first state supreme court to rule on a "John Doe" subpoena or to address bloggers' rights.
EFF Defends Right to Read Public Web Pages Without Getting Sued
Brief Supports Past Court Opponent DirecTV
San Francisco - The Electronic Frontier Foundation (EFF) filed a brief this week in support of one of its previous court opponents, DirecTV, arguing that a federal appeals court should throw out a lawsuit against the company for accessing a public website.
EFF Speaks Out on Digital TV Standards to British Lawmakers
Comments to House of Commons Warn About Regulation
London - The Electronic Frontier Foundation (EFF) has filed comments with the Department of Culture, Media, and Sport (DCMS) in the British House of Commons about plans for digital television broadcasting in Europe. In comments submitted last week, EFF expressed concern that switching off analog broadcasts could result in new digital television standards that unduly restrict the public and manufacturers.
Feds Unable to Search Own Anti-Terrorism Database
TSA Stops Deleting "Secure Flight" Records, But Drags Feet On Project Transparency
Washington, DC - After receiving hundreds of requests from Americans asking to know what personal information the government has obtained about them, the Transportation Security Administration (TSA) told passengers that it "does not have the capability to perform a simple computer-based search" to locate individual records.
Trusted Computing Group Helps Lock Down Mobile Phones
EFF Criticizes Plan for Restrictive New Cell Technology
San Francisco - The Trusted Computing Group (TCG), an industry consortium developing controversial computer security specifications, has released a wish list of applications of TCG technology to cell phone security. Unfortunately, much of this "security" aims to help cell phone carriers cement their control over their customers.
The Electronic Frontier Foundation (EFF) attended TCG's announcement in San Francisco on Tuesday and criticized the proposals as steps in the wrong direction for the future of mobile communications.
FCC Mandate Forces 'Backdoors' in Broadband ISPs and VoIP
EFF and Others to Challenge Privacy-Invasive Rule
Washington, DC - The Federal Communications Commission (FCC) has issued a "First Report and Order" confirming its expansion of the Communications Assistance to Law Enforcement Act (CALEA) to the Internet. The Electronic Frontier Foundation (EFF) is planning to challenge the rule in court.
Patent Ruling Threatens Free Speech
EFF Asks Supreme Court to Consider Controversial Case
San Francisco - On Monday, the Electronic Frontier Foundation (EFF) filed a friend-of-the-court brief with the United States Supreme Court, asking the Court to review an important patent case that has broad implications for free speech and consumers' rights.
The Federal Circuit Court of Appeals ruled earlier this year that eBay violated MercExchange's online auction patents and that eBay could be permanently enjoined, or prohibited, from using the patented technology. Then the Court went a dangerous step further. It held that patentees who prove their case have a right to permanent injunctions unless the injunction poses a risk to public health. This "automatic injunction" rule deprives judges of their traditional discretion to consider how an injunction might affect other public interests -- including free speech online.
If this rule is allowed to stand, free expression could suffer.
"We're not saying injunctive relief is never a good idea," said EFF Staff Attorney Corynne McSherry. "But courts must have the ability to look at how an injunction will affect a variety of public interests. That's especially true now, when so many companies are claiming patents on basic technologies that citizens use to communicate online."
In its brief, EFF argues that this ruling threatens free speech because patent owners who claim control over Internet publishing mechanisms are in a position to threaten anyone who uses them to broadcast their ideas, even for noncommercial purposes.
Added McSherry, "Given the explosion of new communications technologies such as blogs, instant messaging, and wikis, this is hardly the time to limit courts' ability to consider the benefits that a given technology brings to freedom of expression, or evaluate the chilling effects of forbidding the use of that technology."
You can read the full brief at:
www.eff.org/legal/cases/ebay_v_mercexchange/EFF_brief.pdf.
For more on patents and how bad law can hurt the public, see:
www.eff.org/patent.
Contacts:
Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org
New Case Reveals Routine Abuse of Government Surveillance Powers
Cell Phones Used to Track Users Without Probable Cause
San Francisco - The Electronic Frontier Foundation (EFF) is arguing that a New York federal court should stand by its decision to require probable cause to believe a crime has been or is about to be committed before letting the government secretly track people using their cell phones.
EFF Hosts 15th Anniversary Bash
Public Celebration at EFF's San Francisco Headquarters
San Francisco - The Electronic Frontier Foundation (EFF) is 15 years old this year. Come celebrate 15 years of defending freedom in the digital world. Our anniversary party is on Sunday, October 2nd, at 5 p.m. at the EFF headquarters in San Francisco, and the event is free of charge and open to everyone.
Google's Card Catalog Should Be Left Open
San Francisco, CA - Yesterday, the Authors Guild filed a class-action copyright infringement suit against Google over its Google Print library project. Working with major university libraries, Google Print aims to make thousands of books searchable via the Web, allowing people to search for key words or phrases in books. The public may browse the full text of public domain materials in the process of such a search, but only a few sentences of text around the search term in books still covered by copyright.
Election Reform Commission Urges Secure E-voting
EFF Applauds Commission Recommendations But Opposes National ID Card Endorsement
Washington, DC - The Carter-Baker Commission, formally known as the Commission on Federal Election Reform, released on Monday an extensive report about the country's electoral health, along with a wide range of suggested reforms. Most of the Commission's recommendations should cheer those concerned about the security of electronic voting.
EFF, Florida Disability Rights Advocates Fight to Avert E-voting Debacle
Case Puts Security and Auditability at Risk in the Next Election
EFF Wins Unsealing of Secret Documents in Apple Case
New Information Shows No Exhaustive Investigation Before Company Subpoenaed Journalists
Federal Court Slams Door on Add-On Innovation
Shuts Down Open Source Videogame Server Project
Customers Get Less Than They Think at Online Music Stores
EFF's New Guide to Digital Music Services Reveals the Truth About DRM
San Francisco, CA - If you buy music from an online music store, you may be getting much less than you thought. Today the Electronic Frontier Foundation (EFF) released "The Customer Is Always Wrong: A User's Guide to DRM in Online Music," which exposes how today's digital rights management (DRM) systems compromise a consumer's right to lawfully manage her music the way she wants.
Anonymous Critics' Identities Protected
Free Speech Prevails When Over 100 Defendants Are Dropped from Suit in Utah
Utah - Private information about anonymous online critics was protected this week when a Utah man dropped his lawsuit against people who had allegedly made critical comments about him on message boards and blogs, including the Yahoo! SCOX board. The plaintiff in the case had asked the court to let him use the subpoena process to unmask his anonymous "John Doe" critics.
Sun's "Open Media Commons" Is More Like a Gated Community
EFF Warns Consumers That Digital Rights Management Is Incompatible with Fair Use
San Francisco, CA - On Monday, Sun Microsystems announced its new "Open Media Commons," a digital rights management (DRM) project that the company claims will foster sharing of media while protecting copyrights. However, Sun has offered no evidence that its DRM system will be any better than the Microsoft DRM that it's supposed to challenge.
Digital Artists Deserve the Right to Copy Movies
EFF Asks Federal Court to Save Fair Use on "Intermediate Copies"
EFF Wants You to Make Online Anonymity Easy
Announcing the Tor Graphical User Interface Competition
San Francisco - Now information designers can make it easier for people to protect themselves online. The developers of Tor, a software tool for communicating anonymously online, today announced the Tor graphical user interface (GUI) competition. Entrants will create a usable and aesthetically pleasing GUI for the Tor program, which will allow people to install and configure Tor easily and monitor the software's performance while it's running.
Anonymous Online Critics Should Not Be Silenced by Lawsuit
EFF Opposes Subpoenas Seeking to Reveal the Identities of Web Writers, Bloggers
Utah - A case brought in a US district court by a Utah man threatens to undermine the First Amendment right to speak anonymously on issues of public concern. In Merkey v. Yahoo SCOX et al., the plaintiff requested an expedited process for serving subpoenas that would unmask anonymous "John Doe" critics who participated in a discussion of another court case, in which Utah-based technology company The SCO Group, Inc., is suing IBM.
Service Technicians Can
EFF Weighs in on Computer Privacy Case in Washington
Washington - Imagine if the law permitted the people who service your computer to share all the personal information on your hard drive with the police, without your consent and without a search warrant. A case on appeal to the Washington State Court of Appeals, State v. Westbrook, threatens to allow just that, turning your friendly neighborhood computer repair technician into a government informer.
Victory in US v. Councilman Case
Appeals Court Preserves Email Privacy
Massachusetts - In a long-awaited decision, the full First Circuit Court of Appeals today overturned a First Circuit panel decision that had allowed an email service provider to secretly monitor the content of users' incoming messages without violating federal wiretap law. The Electronic Frontier Foundation (EFF) and other privacy organizations submitted briefs in the case urging that the earlier decision be reheard by all seven First Circuit judges.
EFF Announces Two New Hires
Corynne McSherry Joins Legal Staff; Nicole Nguyen Heads Membership
San Francisco, CA - The Electronic Frontier Foundation (EFF) is pleased to announce the addition of two people to our staff. Corynne McSherry, a Staff Attorney, will be filling out the organization's legal team of intellectual property experts. Nicole Nguyen joins EFF's development team as Membership Coordinator, working on outreach campaigns and membership drives.
FCC Issues Rule Allowing FBI to Dictate Wiretap-Friendly Design for Internet Services
Tech Mandates Force Companies to Build Backdoors into Broadband, VoIP
Internet Critic of Delaware Politician Has Right to Anonymity
Message Board Poster Criticized Smyrna Town Council Member
Secret Documents About Indymedia Server Disappearance Unsealed
Government Order Demanded Only Logs; Web Host Rackspace Handed Over Server
Florida Court Rejects Demand for Paperless E-voting
Decision Confirms County Council's Ability to Purchase Accessible, Auditable Equipment
Orlando, FL - A federal District Court judge in Florida ruled today that Volusia County is not required to purchase touchscreen voting machines that do not produce a voter-verifiable paper trail. Pending appeal, the county may now move forward with its plans to purchase voting equipment that is both accessible to disabled voters and that creates an auditable paper trail to protect against errors and fraud.
EFF Supports Disabled Voters in Fight Against Paperless E-voting
July 15 Hearing Set in Florida
New Jersey Says No to Paperless Voting
EFF and Coalition Back E-voting Challenge
Trenton, NJ - In the shadow of a lawsuit demanding that New Jersey update state laws to reflect its increasing use of electronic voting machines, New Jersey's acting governor recently signed into law legislation that will require all voting machines to produce a voter-verified paper record by 2008.
Come Discuss Bloggers' Rights With Bay Area Bloggers
BayFF Public Forum in San Francisco July 19
San Francisco, CA - To kick off the Electronic Frontier Foundation's (EFF) 15th anniversary celebrations this summer, EFF will hold a special BayFF exploring the legal issues surrounding blogging. This will be a roundtable discussion, open to the public, and will include EFF staff, local celebrity bloggers, and blog tool gurus.
Blogging and the Workplace
EFF Adds New Section on Labor Law to Legal Guide for Bloggers
San Francisco, CA - Blogging can affect a blogger's work life in countless ways. Some people have been fired for things they've said in their blogs, while others worry that their bosses may be monitoring their blogging activities when they're on break. To address these and other questions about blogging and the workplace, the Electronic Frontier Foundation (EFF) has added a labor law section to its Legal Guide for Bloggers.
Trademark Owners Can't Control Your Desktop
Decision in Internet Ads Case Protects Consumers
AcompliaReport.com Sues for Right to Use Trademark to Report on New Drug
EFF Files Suit to Protect Journalist From Legal Intimidation
San Francisco, CA - The Electronic Frontier Foundation (EFF) announced today that it has filed a lawsuit against French pharmaceutical giant Sanofi-Aventis Group on behalf of Medical Week News, publishers of the medical news website AcompliaReport.com.
Supreme Court Ruling Will Chill Technology Innovation
Copyright Liability Standard in Grokster Decision Endangers P2P and Other New Technologies
MGM v. Grokster Decision Press Conference Today
Conference at Noon Eastern Time, Call-In Number Available to Press
What: Post-Grokster press conference, with members of the StreamCast (Morpheus) and Grokster legal team along with representatives from the technology industry and public interest groups.
When: 12 Noon EDT today, contacts below for phone-in line for press.
Internet Entrepreneur Joe Kraus Joins EFF Board
Founder of DigitalConsumer.org Is a Perfect Fit for Digital Liberties Organization
MGM v. Grokster Press Conference Following Supreme Court Decision
Note: The Electronic Frontier Foundation is participating in this press conference with other members of the Morpheus and Grokster legal teams and public interest groups. We are recirculating this press release from StreamCast (Morpheus) for your information.
What: Post-Grokster press conference, with members of the StreamCast (Morpheus) and Grokster legal team along with representatives from the technology industry and public interest groups including P2PUnited, Public Knowledge, the Computer & Communications Industry Association, and the Computer Electronics Association.
Upholding the Legality of Reverse Engineering
Judges Weigh Issues in Eighth Circuit Videogame Case
Consumer Choice at issue in Oral Argument in Blizzard v. Bnetd
St. Louis, MO - On Monday, June 20, the 8th Circuit Court of Appeals will hear oral arguments in Blizzard v. BnetD, a case that could dramatically impact consumers' ability to customize software and electronic devices and to obtain customized tools created by others.
Along with co-counsel Paul Grewal of Day Casebeer, the Electronic Frontier Foundation (EFF) is representing three open source software engineers who reverse-engineered an aspect of Blizzard's Battlenet game server in order to create a free software game server called BnetD that works with lawfully purchased Blizzard games. The BnetD server lets gamers have a wider range of options when playing online. The lower court held that the reverse-engineering of the games needed to create this new option for consumers was illegal.
The 8th Circuit Court of Appeals will determine whether the three software programmers were in violation of the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA) and Blizzard Games' end user license agreement (EULA). EFF will argue that the DMCA expressly protects the programming and distributing of programs such as BnetD and this protection cannot be undercut by general state contract law as applied to EULAs.
EFF took the case to stand up for consumer choice in the marketplace. Reverse engineering is often the only way to craft a new product that works with older ones. Congress expressly recognized this when it created an exception to the DMCA for reverse engineering. Whether it's allowing gamers to choose a better server for Internet play, or allowing a printer owner to purchase from a range of printer cartridge replacements, reverse engineering is a critical part of innovation in a world where more and more devices need to talk to each other in order to operate correctly.
The hearing will take place Monday, June 20, at 9 a.m. at the Eighth Circuit US Court of Appeals, 27th Floor, Southeast Courtroom, at the Thomas F. Eagleton Courthouse, 111 South 10th Street in St. Louis, MO.
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Annalee Newitz
Policy Analyst
Electronic Frontier Foundation
annalee@eff.org
Justice for Bloggers
EFF Announces its New Legal Guide for Bloggers
San Francisco, CA - The Electronic Frontier Foundation (EFF) is pleased to release a document that informs bloggers of their legal rights. EFF's "Legal Guide for Bloggers" is a collection of frequently asked questions (FAQs) designed to educate bloggers about their legal rights in a number of areas, including libel law, copyright law, and political advocacy.
Fighting Infringement on Campus Peer-to-Peer Networks
New EFF White Paper Helps Universities Understand Their Options
Transparent Lobbying for E-voting Reform This Week
EFF to Provide Live Reports on Lobbying Blitz for E-voting Reform Bill
San Francisco, CA - Tomorrow and Friday, the Electronic Frontier Foundation (EFF) will provide a series of weblog reports on a two-day lobbying effort by a coalition of activist groups fighting for transparent, auditable electronic voting.
Tor Named One of the Year's Best Products
PC World Lauds Free, Anonymous Communication Tool as Superior to Paid Competitors
San Francisco, CA - PC World has included the Tor anonymous Internet communication tool in its list of the year's best products. Tor is being developed with support from the Electronic Frontier Foundation (EFF) and was previously funded by the US Navy.
EFF Obtains Draft PATRIOT Bill
Bill Gives Justice Department More Power to Demand Private Records
On Thursday, May 26, the Senate Select Committee on Intelligence will consider in closed session a draft bill that would both renew and expand various USA PATRIOT Act powers. The Electronic Frontier Foundation (EFF) has obtained a copy of the draft bill, along with the committee's summary of it, and has made them available to journalists and interested citizens on its website, http://www.eff.org/.
California Debates RFIDs in ID Cards
NOTE: THIS RELEASE COMES FROM THE ACLU OF NORTHERN CALIFORNIA. EFF IS RECIRCULATING IT FOR YOUR INFORMATION.
Bill to Protect Californians' Privacy, Personal Safety, and Financial Security Advances in State Senate
Can Florida
Circuit Court Deliberates Manual Recount Problems with Touchscreen Voting Machines
Federal Appeals Court Scraps FCC's Broadcast Flag Mandate
Ruling Is a Victory for Innovation, Fair Use
Washington, DC - In a landmark case, the US Court of Appeals for the DC Circuit today struck down the "Broadcast Flag," an FCC rule that would have crippled digital television receivers beginning on July 1st.
EFF Announces New Activism Coordinator
Writer Danny O'Brien Will Join Staff and Lead Grassroots Campaigns
San Francisco, CA - The Electronic Frontier Foundation (EFF) is pleased to announce that Danny O'Brien will be joining the organization as its new Activism Coordinator. Current Activism Coordinator Ren Bucholz will be moving to Canada later this month and will work on international issues for EFF from his home base there.
EFF Event Focuses on Technical Ways to Protect Your Online Anonymity
Creators of Tor, an Anonymous Communication System, Discuss Their Work at May 10 BayFF
San Francisco, CA - On Tuesday, May 10, the Electronic Frontier Foundation (EFF) will host another "BayFF," a free event series for the general public. This month, the subject is anonymous Internet communication. Roger Dingledine, principal system designer of the anonymous communication network Tor, will appear in person to discuss his work with Chris Palmer, EFF's Technology Manager.
EFF Responds to Apple's Arguments in Online Journalism Appeal
Santa Clara County, CA - Today the Electronic Frontier Foundation (EFF) continued to support three online journalists in a fight to protect their anonymous sources. EFF, along with co-counsel Thomas Moore III and Richard Wiebe, filed a brief on behalf of the journalists, responding to Apple Computer Inc.'s opposition to the journalists' request for the California Appellate Court in Santa Clara to intervene.
Law Firm Shows Ignorance of the Law in Anonymous Emailer Case
EFF Sends Letter of Protest to Shearman & Sterling Over Subpoena to Craigslist
San Francisco, CA - When an employee of San Francisco law firm Shearman & Sterling received an email from an anonymous person who seemed to be a disgruntled subordinate, he didn't hit the delete button. Instead, his firm subpoenaed craigslist, a community bulletin board where the email first appeared as a posting, in order to discover the identity of the "Jane Doe."
News Publishers and Internet Industry Urge Reversal in Apple Case
Groups File Friend-of-the-Court Briefs Supporting Online Journalists
Blog Without Getting Burned
EFF Releases How-To Guide for People Who Want to Blog Safely and Anonymously
Electronic Frontier Foundation Announces Pioneer Award Winners
EFF to Honor Mitch Kapor, Edward Felten, and Patrick Ball at the 14th Annual Pioneer Awards Ceremony
Supreme Court Justices Grill Both Sides at Copyright Hearing
MGM v. Grokster Raises Questions About Innovation and Litigation
Washington, DC - The Electronic Frontier Foundation (EFF) was heartened to hear the Justices of the United States Supreme Court engage in a lively debate Tuesday about whether technology manufacturers should be held liable for the infringing activities of consumers. At stake is nothing less than the future of innovation in the United States. If vendors are held responsible for what people do with their products, even tech giants like Intel say they'd have to fire engineers and hire lawyers.
WIPO Lockout Inspires Global Protest
Residents of 56 Nations and Members of Hundreds of NGOs Sign Petition to Open Meetings on Intellectual Property and the Developing World
Geneva - When the World Intellectual Property Organization (WIPO) earlier this month shut out many public interest groups from two April meetings about the impact of patent, copyright and related regimes on the developing world, many civil society groups greeted the news with concern.
Leading Nonprofits Take Stand Against Business Method Patents
EFF Joins Fight to Promote Technology Access for Charitable Groups
Note: The Electronic Frontier Foundation is recirculating this press release on behalf of NIA for your information.
Washington, DC - The Nonprofit Innovation Alliance (NIA) today announced that four of the nation's most prominent nonprofits - United Way of America, the American Diabetes Association, Network for Good and Electronic Frontier Foundation - have joined the growing movement against business method patents to help promote ongoing access by America's nonprofit organizations to innovative technology.
"As nonprofits recognize the threat posed by business method patent abuse, there is growing support for collective action to protect technology access for America's charities," said Shabbir Safdar, Acting Secretary of the Nonprofit Innovation Alliance. "The fact that the United Way of America, American Diabetes Association, Network for Good and Electronic Frontier Foundation have pledged their support for the NIA sends a strong message: business method patents are bad for the nonprofit sector and should be eliminated."
These four organizations have pledged support for the NIA's goals because they believe that nonprofits are best served if technology vendors and service providers help declare the nonprofit industry as a "business method patent-free zone." They are encouraging technology vendors and service providers working with them and other nonprofits to join the NIA. Support for NIA's goals from the Electronic Frontier Foundation (EFF) is especially significant because this group is the leading civil liberties organization working to protect people and organizations whose online rights and freedoms are threatened.
Nonprofit organizations can pledge support for the NIA.
The NIA consists of leading technology and consulting companies that provide products, services and/or consulting to help nonprofits optimize their use of the Internet for fundraising, advocacy, event management and other mission-critical activities. Alliance members agree to cross-license any current and future business method patents on a royalty-free basis for the benefit of their nonprofit customers.
Viewed by many to be a scourge in the for-profit world, business method patents would be even more so for the nonprofit sector. Instead of protecting a real technology invention, these patents typically cover a process of doing business on the Internet. Such patents, prone to abuse, could result in nonprofits spending much more out of every dollar raised on license fees to use the Internet for fundraising, communicating with constituents, advocating for public policies and managing events such as walks, runs and galas. Alternatively, to avoid the impact of royalty payments to business method patent holders or the threat of being sued, nonprofits may choose sub-optimal technology solutions.
Said Michael Schreiber, Executive Vice President for Enterprise Services, United Way Of America, "We're on board with the NIA and against business method patents because adoption of technology by nonprofits is accelerating and organizations are becoming much more sophisticated in how they use these new and powerful tools. There is a growing need to share and make use of technology innovation - not stifle its diffusion throughout the charitable sector."
Network for Good's Chief Executive Officer, Bill Strathmann, explained why Network for Good is supporting the NIA. "The alliance represents something nonprofits believe in and, to a large degree, rely on: collaboration. Like their customers, nonprofit providers must balance their business interests with those of the sector. Nonprofits need choices when it comes to the tools they use to help fulfill their missions. When providers collaborate, nonprofits win."
About Business Method Patents
First validated by the courts in 1998, business method patents are highly controversial because they typically do not cover innovations that solve a particular technology problem. Instead, holders of business method patents are claiming to be the first to engage in a transaction over the Internet in a particular way. Examples of business method patents include Amazon's one-click patent and Priceline's reverse auction patent.
Business method patents are prone to abuse. A patent holder can sue or threaten to sue anyone or an organization that uses a similar business method and seek to collect licensing fees, effectively extracting a "patent tax" for common ways of utilizing the Internet. However, charitable organizations today rely increasingly on the Internet to fundraise, communicate, advocate and manage events over the Internet. Business method patents will require nonprofits to spend much more of every dollar raised on coercive license fees to run their organizations, diverting funds away from the delivery of critical programs and services to constituents. Or groups may simply take the path of least resistance and use sub-optimal technology solutions to avoid the specter of litigation.
As an example, the following is the claimed invention described in a patent application filed with the US Patent and Trademark Office:
"A method for conducting a fundraising campaign by an organization or person over a wide-area network, comprising the steps of: hosting a website including a plurality of linked web pages, the website providing information about the fundraising campaign and soliciting potential donors to make a charitable contribution to the fundraising campaign; registering on the website; contacting third parties via email messages soliciting charitable donations; and providing one or more reports, on the website, including information on the status of the fundraising campaign." (Patent application entitled: "Method and system for an efficient fundraising campaign over a wide area network" application number 764787.)
According to the NIA's Safdar, "This application describes widely used practices for online fundraising, taking dead aim at the nonprofit sector. It is easy to see why a patent covering these types of claims is neither unique, novel, nor in the best interests of nonprofit organizations."
NIA members currently include (listed alphabetically): Beaconfire Consulting, CharityWeb, CitySoft, Convio, GetActive, Mindshare Interactive Campaigns, Itero!, Public Interest Data, Inc., RightClicks and ROI Solutions.
The Nonprofit Innovation Alliance was established in January 2005 to help foster access to innovative technology for charitable groups so they can effectively utilize the Internet for fundraising, advocacy, event management and other mission-critical activities. Members of the alliance include leading companies that provide technology products, services and/or consulting to nonprofits. Admission is open to all interested technology and service providers. Nonprofits can participate by pledging their support for the NIA's goals.
Contact:
Shabbir Safdar
Acting Secretary
Nonprofit Innovation Alliance
ssafdar@mindshare.net
EFF Appeals Ruling in Apple Case
Asks Court to Reaffirm Freedom of the Press
San Jose, CA - Today the Electronic Frontier Foundation (EFF) filed an appeal in a case that has broad implications for the rights of reporters to protect the confidentiality of their sources.
Counting Down to Grokster with EFF
Organization Launches Two-Week Celebration of Betamax-Protected Devices
Court Crushes Online Journalists' Rights
EFF Asking California Appellate Court to Intervene
Santa Clara - Today Santa Clara County Superior Court Judge James Kleinberg ruled that an online journalist's Internet service provider (ISP) can be required to reveal the identities of the reporter's confidential sources to attorneys from Apple Computer, Inc. The court rejected a request for an order to protect the confidentiality of these sources and other unpublished materials.
WIPO Shutting Out Public Interest Organizations
Experts on Development Won't Be Heard at Crucial Meetings
Geneva - Last week, the World Intellectual Property Organization (WIPO) announced that it will shut out most public interest organizations at two important meetings devoted to intellectual property and development. As a result, WIPO delegates from 182 nations will discuss these issues without hearing from many of the world's best-qualified experts.
No Ruling Issued Yet in Apple Case
Rights of Online Journalists Hang in the Balance
San Jose - A Santa Clara County Superior Court judge today said that he would take under consideration a motion brought by the Electronic Frontier Foundation (EFF) that asked the court to protect three online journalists from having to reveal the identities of their confidential sources to attorneys from Apple Computer, Inc. The judge promised a written decision soon.
Hearing Friday Could Determine the Future of Online Journalists' Rights
San Jose, CA - This Friday, the Electronic Frontier Foundation (EFF) will face attorneys for Apple Computer in a hearing to determine whether three independent online journalists will be given the same legal protections as journalists who work for traditional media publications.
New Bill Will Protect Californians' Privacy Rights
Legislation Would Ban Tracking Devices in Public ID Documents
NOTE: This is a press release from the ACLU of Northern California. EFF is recirculating it for your information.
March 1 Press Conference on Supreme Court File-Sharing Case
Discussion with Defendants and Friends-of-the-Court on the Day Briefs Are Filed
Texas Voting Forum Open to the Public
Public Comment Welcome at Feb. 28 Meeting About E-voting Machines
Patent Threats Hurt Scientific Research
EFF Asks Court to Protect Academic and Competitive Studies
Washington, DC - Three consumer advocacy groups including the Electronic Frontier Foundation (EFF) asked the Supreme Court today to protect scientific researchers from patent-based legal threats. The case, Merck v. Integra, deals specifically with information researchers submitted to the Food and Drug Administration regarding a potential cure for cancer. But it raises broader questions about whether patent owners can stop academic researchers and inventors from studying patented inventions in order to research or improve upon them.
In their friend-of-the-court brief, EFF, Public Knowledge, and the Consumer Project on Technology argued that patent law allows researchers the freedom to make and use patented products for the purpose of furthering academic study. They also argued that experimentation on patented items for the purpose of creating new inventions is also allowed -- as long the patented products aren't sold by the researchers.
"Patent law was created to help spread knowledge and spur innovation," said Jason Schultz, staff attorney at EFF. "Allowing patent owners to shut down important scientific research flies in the face of that purpose."
"The Court has the opportunity here to do tremendous good for society, by making clear that scientists have always been and remain free to perform research -- and competitors to innovate -- without being subject to the threat of patent infringement litigation or the tax of patent licenses," noted Joshua Sarnoff of American University's Glushko
Online Journalists to Get Their Day in Court
Apple Agrees to Delay Subpoenas Until March 4 Hearing
San Jose - After negotiations with the Electronic Frontier Foundation (EFF), Apple agreed on Friday to extend the deadline on a subpoena it issued to an online journalist's Internet service provider (ISP) until after a hearing that will determine whether the subpoena is legal under the First Amendment and California's reporter's shield law. The subpoena seeks information about the journalist's confidential sources and unpublished notes for an article about a future Apple product.
Fight the Broadcast Flag from Your Armchair
EFF Releases HD PVR Cookbook and Build-In Kit
EFF Warns Consumers About the Dangers of EULAs
New White Paper Outlines How Click-Through Agreements Erode Privacy, Fundamental Liberties
San Francisco - Today the Electronic Frontier Foundation (EFF) released a white paper warning consumers about how they can be harmed by end user license agreements (EULAs) for consumer electronics and online services. Many EULAs contain terms that damage consumer interests, including invitations for vendors to snoop on users' computers, prohibitions on publicly criticizing the product in question, and bans on customizing or even repairing purchased devices.
RFID Tracking Pilot Program Ended in Sutter School
Victory for Students, Parents and Civil Liberties Groups
NOTE: This is a press release from the ACLU of Northern California that EFF is passing along for your information.
Celebrate Innovation with EFF on Feb. 22
BayFF Event to Feature Cool Gizmo Demos, Discussion of Legal Threats to Inventors
EFF Asks Court to Protect Online Journalists
Seeks to Stop Apple From Undermining Reporter's Privilege
Mandatory Student ID Cards Contain RFIDs
Parents and Civil Liberties Groups Urge School District to Terminate Use of Tracking Devices
NOTE: This is a press release from the ACLU of Northern California that EFF is recirculating for your information.
EFF Announces New Privacy Tool
Logfinder Helps Eliminate Unwanted Logging of Personal Data
Texas Court Orders Voting Examiners' Meetings Opened to Public
Requires "Sunshine" in Process of Choosing E-voting Machines
Texas - A Texas court ruled today that state voting examiners may no longer bar the public from their meetings. In the case, ACLU of Texas v. Connor, the plaintiffs argued that the Texas Open Meetings Act should apply to meetings of the voting examiners. These meetings are used to decide what kinds of electronic voting machines will be used in upcoming elections. The Electronic Frontier Foundation (EFF) was co-counsel in the case.
EFF Announces Endangered Gizmos List
Project Demonstrates How Bad Law Ruins the Environment for Innovation
Supreme Court Date Set for Grokster
Washington, DC - The US Supreme Court set the date for the oral argument in MGM v. Grokster for March 29, 2005, in Washington, DC. EFF is defending StreamCast Networks, the company behind the Morpheus peer-to-peer (P2P) software, against 28 of the world's largest entertainment companies.
Can the FBI Monitor Your Web Browsing Without a Warrant?
EFF Demands Answers from DOJ about PATRIOT Act Surveillance
Washington, DC - Today the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA) request with the FBI and other offices of the US Department of Justice, seeking the release of documents that would reveal whether the government has been using the USA PATRIOT Act to spy on Internet users' reading habits without a search warrant.
Texas Election System Examiners' Meetings Shrouded in Secrecy
Lawsuit Pushes for Public Access to Meetings Where E-voting Machines Are Evaluated
Austin, TX - On January 19, a Texas court is scheduled to determine whether to force the state's voting examiners to open their meetings to the public. The ACLU of Texas and a Texas voter filed a lawsuit last year, ACLU of Texas v. Geoffrey S. Connor, demanding that the public be admitted to meetings where the examiners decide which electronic voting machines to certify. While these groups waited for a response from the court, the examiners held yet another closed meeting on January 4 and 5.
Will Blizzard Destroy the Future of Videogames?
Outcome of BnetD Case Could Eliminate Software that Extends the Gaming Experience
Sham Recount Process on Diebold E-voting Machines
Lawsuit Challenges Berkeley Election Officials in Measure R Recount
Berkeley, CA - A close proposition referendum will come under court examination in a case that highlights major problems with conducting a recount using Diebold electronic voting machines. Berkeley Measure R, the Patient's Access to Medical Cannabis Act of 2004, lost by only 191 votes after the regular election on November 2, 2004. Under the law, the proponents were entitled to seek a recount, which they did.
Apple Can't Strongarm Bloggers
EFF Defends Rights of Reporters Who Published Asteroid News Stories on Blogs
Santa Clara, CA - Only weeks before Macworld, the nation's biggest annual trade show devoted to Apple products, Apple sent legal threats to the publishers of the Mac-centric weblogs AppleInsider and PowerPage for posting information about a product code-named Permalink]
Music Industry Must Respect Privacy of Filesharers
Ruling in Charter Case Smashes DMCA Subpoena Powers
The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement.
