Press Releases: 2006
EFF Backs DontDateHimGirl.com in Defamation Case
Controversial Website Shielded by Federal Law Protecting Internet Free Speech
Pittsburgh - The Electronic Frontier Foundation (EFF) urged a Pennsylvania court today to dismiss defamation claims against the controversial website DontDateHimGirl.com, arguing that federal law shields the website from liability to protect the free flow of information online.
Computer Security Expert Edward W. Felten Joins EFF Board of Directors
Princeton Professor Behind Important E-voting Vulnerability Research
San Francisco - The Electronic Frontier Foundation (EFF) welcomes the newest member of its Board of Directors, computer security expert Edward W. Felten. A professor of Computer Science and Public Affairs at Princeton University, Felten recently demonstrated the ability to manipulate results on a Diebold electronic voting machine -- showing that the equipment was extremely vulnerable to "vote-stealing" attacks that would undermine the accuracy of vote counts.
Lawsuit Demands Answers About Government's Secret 'Risk Assessment' Scores
Millions of U.S. Travelers Affected by Giant Data-Mining Program
Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed suit against the Department of Homeland Security (DHS) in federal court today, demanding immediate answers about an invasive and unprecedented data-mining system deployed on American travelers.
The Automated Targeting System (ATS) creates and assigns "risk assessments" to tens of millions of citizens as they enter and leave the country. In November, DHS announced that the program would launch on December 4, but Homeland Security Secretary Michael Chertoff later admitted that the program had already been in operation for several years.
"The news of this secret program sparked a nationwide uproar. DHS needs to provide answers, and provide them quickly, to the millions of law-abiding citizens who are worried about this 'risk assessment' score that will follow them throughout their lives," said EFF Senior Counsel David Sobel.
Under ATS, individuals have no way to access information about their "risk assessment" scores or to correct any false information about them. But while you cannot see your score, it will be made readily available to untold numbers of federal, state, local, and foreign agencies. The government will retain the data for 40 years.
While the publicly available information about ATS is disturbing enough, there are many critical details the government did not disclose. For example, DHS has not announced what the consequences might be of a "risk assessment" score that indicates an individual might be a threat. EFF's suit demands an urgent and expedited response to the Freedom of Information Act (FOIA) request filed earlier this month, including all Privacy Impact Assessments for the ATS, all records that describe redress for individuals who believe the system includes inaccurate information, and all records that discuss potential consequences for travelers as a result of the system.
"ATS is precisely the sort of system that Congress sought to prohibit with the Privacy Act of 1974," said Sobel. "DHS needs to abide by the law and give Americans the information they deserve about this dangerous program."
Congressional leaders have indicated that they are likely to convene hearings on ATS when the new Congress convenes in January. Today's lawsuit cites that pending oversight as an additional reason why DHS must release details about the system on an expedited basis.
For the FOIA complaint filed against the Department of Homeland Security:
http://www.eff.org/Privacy/ats/ats_complaint.pdf
For more on the ATS program and other travel screening issues:
http://www.eff.org/privacy/travel/
Contacts:
David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Fight to Unseal Critical Evidence in AT&T Surveillance Case
Thursday Hearing on Public Release of Documents
San Francisco - On Thursday, December 21, at 2 p.m., a federal judge in San Francisco will consider requests from media groups to unseal critical evidence in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T.
Tuesday Hearing on Critical E-Voting Evidence in Flawed Florida Election
Search for Thousands of Missing Votes in Sarasota County Congressional Race
Tallahassee, Fla. - On Tuesday, December 19th, at 1 p.m., a state judge in Tallahassee, Florida, will consider whether representatives of Florida voters will gain access to voting machines and software in a contested election for the U.S. House of Representatives seat for Florida's 13th congressional district.
The Electronic Frontier Foundation (EFF) and other election advocacy groups last month filed suit on behalf of Sarasota County voters
American Travelers to Get Secret 'Risk Assessment' Scores
EFF Fights Huge Data-Mining Program Set for Rollout on U.S. Borders
Washington, D.C. - An invasive and unprecedented data-mining system is set to be deployed on U.S. travelers Monday, despite substantial questions about Americans' privacy. In comments sent to the Department of Homeland Security (DHS) today, the Electronic Frontier Foundation (EFF) asked the agency to delay the program's rollout until it makes more details available to the public and addresses critical privacy and due process concerns.
Self-Help Group Backs Off Attack on Internet Critic
Landmark Forum Withdraws Subpoena for Identity of Anonymous Poster
San Francisco - A controversial self-help group has backed off its attack on an Internet critic after the Electronic Frontier Foundation (EFF) intervened in the case.
EFF Accepts Barney's Surrender
Purple Dinosaur Backs Off and Pays Up; Free Speech Rights Preserved
San Francisco - The corporate owners of the popular children's television character Barney the Purple Dinosaur have agreed to withdraw their baseless legal threats against a website publisher who parodied the character and to compensate him for fees expended in defending himself.
EFF Fights to Shield Email from Secret Government Searches
Email Deserves Same Constitutional Protections as Phone Calls, Postal Mail
San Francisco - The government must have a search warrant before it can search and seize emails stored by email service providers, according to a friend-of-the-court brief filed last week by the Electronic Frontier Foundation (EFF) and a coalition of civil liberty groups. EFF filed the brief in support of a landmark district court decision finding that the federal Stored Communications Act (SCA) violates the Fourth Amendment by allowing secret, warrantless searches and seizures of email stored with a third party.
Sarasota Voters File Lawsuit for Re-vote in Congressional Race
Local Voters Supported by Election Advocacy Groups Including EFF
EFF Files Suit for Answers About New International Air Passenger Data Deal
Department of Homeland Security Dodges Records' Disclosure
Washington DC - The FLAG Project at the Electronic Frontier Foundation (EFF) filed suit against the Department of Homeland Security (DHS) today, demanding information about a new agreement on the handling of air passenger data from flights between the European Union (EU) and the United States.
Two years ago, the U.S. and EU made a controversial deal requiring airlines to give DHS access to detailed passenger information from EU flights to and from the U.S. In May, the European Court of Justice struck down the agreement, finding it at odds with EU law. But the U.S. and EU reached a new agreement last month that will give U.S. law enforcement and intelligence agencies greater access to the data than the previous deal did. EFF filed its suit after DHS failed to respond to a Freedom of Information Act (FOIA) request for records about the handling of data under the new agreement, including how they are maintained, used, disclosed, and secured.
"Travelers may give up a lot of personal information when they make flight reservations," said EFF Staff Attorney Marcia Hofmann. "Those traveling between Europe and the United States deserve to know who gets to see that data, how the information is protected, and whether those practices comply with EU law."
EFF's FLAG Project uses FOIA requests and litigation to expose the government's expanding use of technologies that invade privacy. Previous lawsuits have demanded information about the FBI's huge database of personal information, as well as records on the FBI's electronic surveillance systems.
"When federal agencies don't comply with the FOIA's requirements, they may conceal activities and programs that raise serious legal issues and put Americans' privacy at risk," said Hofmann. "The Department of Homeland Security must abide by the law and give the public information about the new passenger data agreement."
For the FOIA complaint filed against the Department of Homeland Security:
http://www.eff.org/files/filenode/dhs_pass_data/dhs_complaint.pdf
For more on the FLAG Project:
http://www.eff.org/flag
Contact:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
California Supreme Court Rules in Favor of Free Speech on the Internet
San Francisco - In what is a victory for free speech on the Internet, the California Supreme Court ruled today that no provider or user of an interactive computer service may be held liable for putting material on the Internet that was written by someone else. In doing so, the Court overruled an earlier decision by the Court of Appeal.
Florida Voters to Sue for Re-vote in Sarasota Congressional Race
Press Conference Tuesday, November 21, 2006 by EFF, Voter Action,
People For the American Way Foundation, the ACLU of Florida
Tallahassee, FL - The Electronic Frontier Foundation, Voter
Action, People For the American Way Foundation, and the
ACLU of Florida will hold a press conference tomorrow to
announce a lawsuit calling for a re-vote in Sarasota
County's portion of Florida's 13th Congressional District.
Speakers at the event will include Reggie Mitchell of
PFAWF, Lowell Finley of Voter Action, and Larry Spalding of
ACLU-Florida. The event will also feature one of the
EFF to Fight Against Spying Case Delays in Friday Hearing
Judge to Consider Next Steps in Class Action Lawsuits
San Francisco - On Friday, November 17, at 10:30 a.m., a federal judge in San Francisco will consider the next steps in 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. Other cases recently transferred to U.S. District Court Judge Vaughn Walker's courtroom include similar allegations.
EFF Asks Supreme Court to Tackle Secret Law
Americans Have the Right to See Laws They Must Follow
Washington, D.C. - The Electronic Frontier Foundation (EFF) and a coalition of non-profit organizations asked the U.S. Supreme Court Monday to hear a case challenging a secret law governing travelers in American airports.
Electronic Voting Machine Headaches Shut Out Citizens
Delays Mean Long Lines for Voters in Florida, Utah, and Other States
San Francisco - Problems with electronic voting machine failures kept some polls from opening, created long lines, and left many voters puzzled about whether their votes were counted in Tuesday's high stakes election.
Court Grants Appeal in AT&T Spying Case
EFF Battles Effort to Dismiss Surveillance Lawsuit
San Francisco - The U.S. 9th Circuit Court of Appeals announced today that it will hear the U.S. government's and AT&T's appeal of a district court's decision allowing the Electronic Frontier Foundation's (EFF's) case against AT&T to go forward. The lawsuit alleges that AT&T collaborated in the National Security Agency's (NSA's) illegal spying program. The 9th Circuit did not rule on the merits of the appeal.
Craigslist Sex Ad Scammer Seeks to Silence Critics
Baseless Copyright Claims Used to Shut Down Debate Over Privacy Controversy
San Francisco - The Electronic Frontier Foundation (EFF) filed suit today against the man behind "craigslist-perverts.org" -- a website that publicized responses to fake personal advertisements posted on Craigslist.org -- on behalf of an online journalist who criticized the controversial outing campaign and received legal threats in return.
Self-Help Group Bullies Net Critics
Landmark Forum Violates Constitution and Federal Law by Trying to Chill Speech
San Francisco - The Electronic Frontier Foundation (EFF) is fighting a controversial self-help group's coordinated, illegal campaign to silence Internet critics.
EFF Releases Bloggers' Guide for Investigating Government Agencies
Freedom of Information Act Can Help Researchers Uncover Important Records
Washington, D.C. - Bloggers across the Internet have shown that you don't have to be part of the mainstream media to uncover an important story and tell it to the world. But how do you start investigating a big story for your blog?
EFF Sues for Information on Huge FBI Database of Personal Information
'Investigative Data Warehouse' Includes Hundreds of Millions of Entries
Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed suit against the Department of Justice today, asking for records concerning the FBI's "Investigative Data Warehouse" (IDW) -- a huge database that contains hundreds of millions of entries of personal information.
EFF Sues for Information on Electronic Surveillance Systems
FBI Withholds Records on Tools to Intercept Personal Communications
Washington, D.C. - The FLAG Project at the Electronic Frontier Foundation (EFF) filed its first lawsuit against the Department of Justice Tuesday after the FBI failed to respond to a Freedom of Information Act (FOIA) request for records concerning DCS-3000 and Red Hook -- tools the FBI has spent millions of dollars developing for electronic surveillance.
Who Killed TiVoToGo?
Digital Cable and Satellite DRM Harms TV Fans and Innovators
San Francisco - Digital Video Recorders (DVRs) have changed the way millions of people watch television. But the new TiVo Series 3 for HD lacks a feature that past versions have had -- TiVoToGo, which allows users to move recorded shows to a computer or other device.
Anonymity Preserved for Online Embroidery Fans
Subpoena Withdrawn After EFF Intervenes
San Francisco - San Francisco - The Embroidery Software Protection Coalition (ESPC) has dropped its attempt to unmask anonymous embroidery fans after the Electronic Frontier Foundation (EFF) intervened in the case.
EFF Battles to Save Critical Ohio E-Voting Case
Court Fight Continues As Princeton Researchers Demonstrate 'Vote Stealing'
San Francisco - The Electronic Frontier Foundation (EFF) has asked the 6th U.S. Circuit Court of Appeals to reject Ohio's latest attempt to dismiss a critical electronic voting case -- the final legal hurdle in the path to a thorough investigation of the state's widely criticized 2004 election and much needed reform.
EFF's Six Tips to Protect Your Online Search Privacy
How to Defend Yourself from Privacy Invasions Like AOL's Search Data Disaster
San Francisco - In the wake of AOL's publicly revealing customers' Internet search histories, the Electronic Frontier Foundation (EFF) has published "Six Tips to Protect Your Online Search Privacy."
EFF Project to Uncover Government Surveillance and Privacy Invasions
Two Noted Attorneys Lead New FLAG Project in Washington, D.C.
Washington, D.C. - The Electronic Frontier Foundation (EFF) today launched a project to shed light on government surveillance activities. The FLAG Project, based at EFF's new Washington, D.C. office, will use Freedom of Information Act (FOIA) requests and litigation to expose the government's expanding use of technologies that invade Americans' privacy.
Industry and Public Interest Groups Fight Overbroad Broadcast Treaty
National Conference Call: Thursday, 2:30pm ET
California Lawmakers Pass Safeguards for Privacy-Leaking RFID Chips
Groundbreaking Bill Waits for Governor's Signature
Sacramento - The California State Senate passed tough new privacy safeguards late yesterday for use of "tag and track" devices known as Radio Frequency Identification (RFID) chips embedded in state identification cards. The bill helps ensure that Californians can control the personal information contained on their drivers' licenses, library cards and other important ID documents.
The State Assembly passed the Identity Information Protection Act (Senate Bill 768), authored by Senator Joe Simitian (D-Palo Alto), earlier this month. Governor Schwarzenegger has until September 30 to sign the bill into law. The legislation is sponsored by the Electronic Frontier Foundation (EFF), the ACLU, and the Privacy Rights Clearinghouse, and it is supported by groups ranging from the AARP to the California Alliance Against Domestic Violence to the Gun Owners of California.
"Without security safeguards, RFID tags can expose you to identity theft, covert tracking, and stalking," said EFF Senior Staff Attorney Lee Tien. "This bill is a good first step toward ensuring that critical state-issued IDs don't leak your personal information."
RFID tags are tiny devices connected to miniature antennae that can be used to store and transmit personal information. When an RFID reader emits a radio signal, RFID tags respond with their stored information. The federal government has decided to embed RFID tags in new U.S. passports, and states across the country are considering their use in ID cards. The Identity Information Protection Act has drawn national attention as a model for future privacy-protecting laws in other states.
"RFID technology is not in and of itself the issue. The issue is whether and under what circumstances the government should be allowed to compel its residents to carry technology that broadcasts their most personal information," said Senator Simitian. "This bill provides a thoughtful and rational policy framework for making those decisions. I hope the Governor agrees."
EFF's Identity Information Protection Act fact sheet:
http://www.eff.org/Privacy/Surveillance/RFID/sb768_fact_sheet.php
For more on RFID:
http://www.eff.org/Privacy/Surveillance/RFID/
Contact:
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
EFF Sues Barney the Dinosaur to Defend Online Free Speech
Lawsuit Fights Baseless Copyright, Trademark Threats
San Francisco - The Electronic Frontier Foundation (EFF) asked a federal court Wednesday to protect the free speech rights of a website publisher who has suffered years of baseless legal threats over his parody of the Barney and Friends television show.
Dangerous Patent Law Ruling Threatens Free and Open Source Software
EFF Asks Supreme Court to Protect Open Source Innovation
San Francisco - The Electronic Frontier Foundation (EFF) has asked the United States Supreme Court to overturn a dangerous patent law ruling that could pose a serious threat to Free and Open Source Software projects.
In a recent decision, the Federal Circuit Court of Appeals affirmed its own "suggestion test" as the main method for determining when a patent should be found obvious over knowledge in the public domain. Under this test, even the most obvious incremental advances and add-ons can be patented unless the Patent Office or a defendant in court produces a document that shows someone else suggested it prior to the patent being filed.
"The Federal Circuit's suggestion test forces litigants to search through reams of technical papers for a document in which someone, somewhere, bothers to state the obvious," said EFF Staff Attorney Corynne McSherry, who co-authored the amicus brief. "This is inefficient and burdensome, and contrary to the principles, policies, and standards the Supreme Court has upheld."
In its amicus brief filed Tuesday, EFF shows how this "suggestion test" has led to a massive surge in bogus patenting, especially in software. These bad patents then become weapons against legitimate innovators -- especially those working on Free and Open Source Software projects.
"Free and Open Source Software projects have become an integral part of the software industry and our nation's economy," said EFF Staff Attorney Jason Schultz, a co-author of the brief. "They often lack the resources or formal documentation to fight against bogus patents under the suggestion test, so it is principally important that the Supreme Court set the appropriate standard to prevent the approval of bogus patents."
The case, KSR International Co. v. Teleflex, Inc., and Technology Holding Co., is scheduled for oral argument in front the Supreme Court this fall.
For the full amicus brief:
http://www.eff.org/legal/cases/KSR_v_Teleflex/ksr_amicus.pdf
Contacts:
Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
EFF Demands FTC Investigation and Privacy Reform After AOL Data Release
Internet Company's Publication of Search Logs Exposes Customers' Private Lives
Washington, D.C. - The Electronic Frontier Foundation (EFF) today asked the Federal Trade Commission (FTC) to investigate America Online (AOL) and require changes in its privacy practices, after the company recently released search history logs that exposed the private lives of more than a half-million of its customers.
Innocent Target of File-Sharing Lawsuit Deserves Attorney's Fees
RIAA Should Pay Victim's Legal Costs in Baseless Suit
San Francisco - The Electronic Frontier Foundation (EFF), along with the American Association of Law Libraries, the ACLU, and Public Citizen, filed a brief with an Oklahoma district court Thursday, strongly urging a judge to award the innocent target of a file-sharing lawsuit the cost of her attorney's fees in battling the baseless allegations of the Recording Industry Association of America (RIAA).
Embroidery Fans Fight for Anonymity in Online Discussion Group
EFF Battles Heavy-Handed Tactics in Copyright Lawsuit
San Francisco - The Electronic Frontier Foundation (EFF) has filed a motion to block a brazen attempt to unmask the identities of anonymous members of an online discussion group for embroidery fans.
Texas Judge Briefed by EFF Affirms Phone Privacy
Government Needs a Warrant to Get Dialed Digits That Are Call Content
In the first ruling of its kind, a federal magistrate judge has held that the government must obtain a search warrant to collect the content of a telephone call, even when that content is dialed digits like bank account numbers, social security numbers or prescription refills. The decision from Magistrate Judge Smith in Houston closely follows the reasoning outlined in an amicus brief from the Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT).
The Texas judge invited EFF to file the brief in response to requests from government investigators to use a "pen register" or "trap and trace device" to collect all numbers dialed on a phone keypad after a call has been connected. Investigators can typically get "pen/trap" orders under a legal standard much lower than the "probable cause" required for a typical phone-tapping warrant, because only phone numbers used to connect the call are collected, not the content of the phone call itself.
However, the judge found that when it comes to dialed numbers that represent call content, federal statutes require that investigators either get a probable cause warrant or use filtering technology to ensure that only dialed phone numbers are collected. In fact, according to the court, "Congress ordered law enforcement to do just that, 12 years ago, yet the court notes that the government's current practice is to collect all dialed digits without using any filtering technology."
"Judge Smith correctly recognized that the privacy protections for your phone calls shouldn't depend on whether the information you are communicating is spoken or dialed," said EFF Staff Attorney Kevin Bankston. "Whether it's your bank account number, your social security number, your prescription refill, or even your vote for American Idol, the government has to get a search warrant to tap the numbers you dial after your call has been connected. Allowing such taps without a warrant not only violates longstanding statutes, as the court found here, but the Constitution itself--which makes it all the more troubling that government investigators have been collecting such information without a warrant for years."
In the same opinion, Judge Smith also rejected a new government request to track the location of someone's cell phone without a warrant. EFF has briefed two other courts on the cell-tracking issue, which has been a continuing controversy since Judge Smith and another judge in New York first published decisions on the issue last fall. Those decisions revealed that government investigators had routinely been tracking cell phones for years without getting warrants based on frivolous legal arguments.
For the judge's decision:
http://www.eff.org/legal/cases/Pen_Trap/Smith_dialed_digit_decision.pdf
For EFF and CDT's amicus brief:
http://www.eff.org/legal/cases/Pen_Trap/EFF-and-CDT-Amicus.pdf
Contact:
Kevin Bankston
Staff Attorney
Electronic Frontier Foundation
bankston@eff.org
Judge's Refusal to Dismiss EFF's Spying Case Sets Stage for Congressional Showdown
Ruling Comes as Senators Consider Dramatic Changes to Surveillance Law
San Francisco - A federal judge has refused to dismiss the Electronic Frontier Foundation's (EFF's) case against AT&T for collaborating with the NSA in illegal spying on millions of ordinary Americans, setting the stage for a congressional showdown over proposed dramatic changes in federal surveillance law.
Digital Copyright Battle Puts Linking at Risk
EFF and Libraries Support Google Image Search Against Adult Website
San Francisco - The Electronic Frontier Foundation (EFF) and a coalition of library organizations filed a brief with the Ninth Circuit Court of Appeals in San Francisco on Thursday supporting Google Image Search in a showdown over critical digital copyright issues.
EFF's Spying Case Moves Forward - Judge Denies Government's Motion to Dismiss AT&T Case
San Francisco - A federal judge today denied the government's motion to dismiss the Electronic Frontier Foundation's (EFF's) case against AT&T for collaborating with the NSA in illegal spying of millions of ordinary Americans. This allows the case to go forward in the courts.
EFF Staff Attorney Kevin Bankston, EFF Legal Director Cindy Cohn, and Robert Fram of Heller Ehrman LLP will analyze the ruling and answer questions in a conference call at 1:30pm.
Texas Judge Briefed by EFF Affirms Phone Privacy
Government Needs a Warrant to Get Dialed Digits That Are Call Content
San Francisco - In the first ruling of its kind, a federal magistrate judge has held that the government must obtain a search warrant to collect the content of a telephone call, even when that content is dialed digits like bank account numbers, social security numbers or prescription refills. The decision from Magistrate Judge Smith in Houston closely follows the reasoning outlined in an amicus brief from the Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT).
Anonymity Preserved for Critics of Oklahoma School Official
Subpoena Withdrawn After EFF Intervenes
Tulsa, Oklahoma - An Oklahoma school superintendent has dropped his attempt to unmask the identities of a website operator and all registered users of an Internet message board devoted to discussion of local public schools after the Electronic Frontier Foundation (EFF) intervened in the case.
Proposed Surveillance Bill Would Sweep NSA Spying Programs Under the Rug
Bill Threatens Future of EFF Case and Other Legal Challenges
San Francisco - Senate Judiciary Committee Chairman Arlen Specter said today that he has negotiated a proposed bill with the White House regarding the NSA's illegal spying program. While the final bill is not public, a draft of the bill obtained by the Electronic Frontier Foundation (EFF) is a sham compromise that would cut off meaningful legal review -- sweeping current legal challenges out of the traditional court system and failing to require court review or congressional oversight of any future surveillance programs.
EFF Backs Court in Protecting Phone Call Privacy
Investigators Need a Warrant to Get Call Content
San Francisco - The Electronic Frontier Foundation (EFF) and the Center for Democracy and Technology (CDT) filed an amicus brief last Friday arguing that the government needs a warrant to collect the content of a telephone call, even if that content came from digits dialed on a phone keypad.
Online Message Board Fights for Anonymity in Oklahoma
EFF Defends Web Host and 'John Doe' Critic of School Superintendent
Tulsa, Oklahoma - The Electronic Frontier Foundation (EFF) yesterday filed to block an Oklahoma school superintendent's attempt to unmask the identities of a local website's operator and all registered users.
The superintendent has sued Internet users who criticized him on the website's message board. In its motion to quash, EFF argues that the plaintiff's overbroad subpoena seeking to identify the site's operator and users violates First Amendment protections for anonymous speech and association.
EFF Battles Government's Motion to Dismiss AT&T Surveillance Case
Judge Hears Arguments on 'State Secrets Privilege' and Customer Privacy
San Francisco - The Electronic Frontier Foundation (EFF) told a federal judge today that the government should not be allowed to use the "state secrets privilege" to preempt the class-action lawsuit against AT&T.
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.
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.
Appeals Court Corrects Dangerous Web Privacy Ruling
Judges Agree with EFF Brief in DirecTV Case
San Francisco - The 11th Circuit Court of Appeals has corrected a dangerous lower court ruling that threatened Internet privacy. In doing so, it preserved the privacy of password-protected websites as well as the right to read public sites. The decision followed the arguments made in an amicus brief filed by the Electronic Frontier Foundation (EFF).
Huge Win for Online Journalists' Source Protection
EFF Arguments Secure Reporters' Privilege for Internet News Gatherers
San Jose - A California state appeals court ruled in favor of the Electronic Frontier Foundation's (EFF's) petition on behalf of three online journalists Friday, holding that the online journalists have the same right to protect the confidentiality of their sources as offline reporters do.
Key Portions of Critical Documents Unsealed in AT&T Surveillance Case
Technician Describes Secret NSA Room at AT&T Facility
San Francisco - AT&T has set up a secret, secure room for the NSA in at least one of the company's facilities -- a room into which AT&T has been diverting its customers' emails and other Internet communications in bulk -- according to evidence in key documents partially unsealed today in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against the telecom giant.
Judge Grants Final Approval for Sony BMG CD Settlement
Customers Will Get Compensation for Flawed Copy-Protection
New York - A U.S. District Court judge in New York gave final approval Monday to a settlement for music fans who purchased Sony BMG music CDs containing flawed copy protection programs.
"This settlement gets music fans what they thought they were buying in the first place: music that will play on all their electronic devices without installing sneaky software," said Electronic Frontier Foundation (EFF) Legal Director Cindy Cohn.
Internet Test-Taking Patent Draws Official Suspicion
EFF Wins Second Reexamination from Patent Office
San Francisco - At the request of the Electronic Frontier Foundation (EFF), the U.S. Patent and Trademark Office (PTO) will reexamine a controversial patent for online test-taking from Test.com. The reexamination order is the second granted in just two months after petitions from EFF's Patent Busting Project.
EFF filed the reexamination request because the extremely broad patent claims to cover almost all methods of online testing. Test.com has used this patent to demand payments from universities with distance education programs that give tests online. But EFF, in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm, showed that Test.com was not the first to come up with this testing method -- IntraLearn Software Corporation had been marketing an online test-taking system long before Test.com filed its patent request.
"Bogus patents like these are hurting innovation and education in America," said EFF Staff Attorney Jason Schultz, who heads up the project. "This is a perfect example of how the patent system is broken and what needs to be fixed."
Test.com now has the opportunity to file comments defending the patent, and then the PTO will determine whether to invalidate the patent. The PTO has narrowed or revoked roughly 70% of patents it has decided to reexamine.
The successful reexamination request for the Test.com patent is the latest big victory for EFF's Patent Busting Project, which combats the chilling effects bad patents have on the public interest and innovation. The first reexamination request was granted in April and involves a Clear Channel patent for a system and method of creating recordings of live performances, locking musical acts into using Clear Channel technology and blocking innovations by others.
Earlier this week, the U.S. Supreme Court weighed in on the eBay patent case, signaling how important patent issues are in today's economy. In a unanimous decision, justices overturned a dangerous injunction rule that threatened free speech and consumers' rights -- following the reasoning outlined in an amicus brief from EFF. Four justices also joined in a concurring opinion questioning so-called "patent trolls" and business methods patents, which could foreshadow future intellectual property showdowns in the nation's highest court.
For the full reexamination order:
http://www.eff.org/patent/wanted/test/test_com_reexam_order.pdf
For more information about the Test.com patent reexamination:
http://www.eff.org/patent/wanted/patent.php?p=test
For more on the Patent Busting Project:
http://www.eff.org/patent/
Contact:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
EFF Can Use Critical AT&T Documents in Surveillance Lawsuit
Evidence For Illegal Spying Case Will Remain Under Seal for Now
San Francisco - A federal judge in San Francisco ruled today that the Electronic Frontier Foundation (EFF) can use critical evidence in its class-action lawsuit against AT&T. However, U.S. District Judge Vaughn Walker said the evidence -- three documents that AT&T alleges are proprietary and contain the company's trade secrets -- will be kept under seal for now.
Judge Denies AT&T Request to Discuss Closing Courtroom
Wednesday's Arguments on Sealed Documents Set for 10am
San Francisco - The judge in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T denied a request for a conference today about closing the courtroom from reporters and spectators for tomorrow's hearing in the case, set to begin at 10 a.m. at U.S. District Court in San Francisco, courtroom 6.
AT&T Wants Closed Courtroom in Tomorrow's Hearing in Surveillance Case
Telecom Giant Wants to Keep Public Away from Document Debate
San Francisco - Lawyers for AT&T alerted the Electronic Frontier Foundation (EFF) today that it intends to ask the judge to close the courtroom in Wednesday's hearing in EFF's class-action lawsuit. EFF will oppose the request.
Supreme Court Reverses Dangerous Injunction Rule in eBay Patent Case
Four Justices Question Patent Trolls and Business Methods Patents in Concurring Opinion
San Francisco - The United States Supreme Court reversed a lower court decision in the controversial eBay v. MercExchange patent case Monday, invalidating a dangerous precedent that threatened free speech and consumers' rights. Four justices also joined in a concurring opinion questioning so-called "patent trolls" and business methods patents, which could foreshadow future intellectual property showdowns in the nation's highest court.
In Monday's decision, the court unanimously held that issuing automatic injunctions in patent cases improperly removed discretion from trial judges to weigh competing factors, including the effect that enforcing the patent would have on the public interest. This follows the reasoning outlined in a friend-of-the-court brief filed by the Electronic Frontier Foundation (EFF), which urged the justices to overrule the lower court and protect the public interest in free speech, innovation, and education.
"More and more people are using the Internet to exercise free speech and other individual rights," said Staff Attorney Jason Schultz, one of the authors of the EFF brief. "The court's ruling will allow judges to protect those rights in patent cases."
The lower court's ruling stemmed in part from a misperception that patents are just like other forms of property, with the same rights and remedies. However, Supreme Court rulings have repeatedly emphasized that patents are a unique form of property, designed to achieve a specific public purpose: the promotion of scientific and industrial progress. Additionally, the concurrence written by Justice Anthony Kennedy and joined by Justices David Souter, John Paul Stevens, and Stephen Breyer noted that the current patent system may be suffering ill effects from business method patents and so-called "patent troll" companies.
"An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees," Justice Kennedy wrote. "In addition injunctive relief may have different consequences for the burgeoning number of patents over business methods
Government Files Secret Motion to Dismiss AT&T Surveillance Case
DOJ Intervention Comes Just Days Before Hearing on Sealed Evidence
San Francisco - Early Saturday morning, the United States government filed a motion to dismiss the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T for illegally handing over its customers' telephone and Internet records and communications to the National Security Agency. The government claims that its legal brief and two affidavits from senior intelligence officials that accompanied the motion are classified, preventing even the parties to the lawsuit, EFF and AT&T, from seeing them.
Court Slows EFF Efforts to Address Ohio E-voting Malfunctions
Decision Delays Inquiry Into State's History of Voting Machine Problems
San Francisco - The Sixth Circuit Court of Appeals ruled this week that a critical lawsuit aimed at improving the security and integrity of Ohio's voting technology will be put on hold indefinitely. The ruling halts case proceedings until the appeal of the government's motion to dismiss is decided and seriously jeopardizes the chances that critical procedural improvements will be in place by the time voters enter polling places in November.
AOL Starts Pay-to-Send Email Shakedown
"Certified Mail" Allows Mass Mailers to Bypass Spam Filters
San Francisco - AOL has quietly flipped the switch on its "certified mail" service, delivering pay-to-send email to some of its millions of customers.
The Goodmail CertifiedEmail service allows large mass-emailers to pay a fee to bypass AOL's spam filters and get guaranteed delivery directly into AOL customers' inboxes. The Electronic Frontier Foundation (EFF) believes the pay-to-send model could leave nonprofits, small businesses, and other groups with increasingly unreliable service.
Government Moves to Intervene in AT&T Surveillance Case
DOJ Will Assert Military and State Secrets Privilege and Request Dismissal of Lawsuit
San Francisco - The United States government filed a "Statement of Interest" Friday in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T, announcing that the government would "assert the military and state secrets privilege" and "intervene to seek dismissal" of the case.
EFF Honors Craigslist, Gigi Sohn, and Jimmy Wales with Pioneer Awards
15th Annual Ceremony Highlights Innovations in Information Technology
Washington, DC - The Electronic Frontier Foundation (EFF) will honor craigslist and its leaders, Craig Newmark and Jim Buckmaster; Gigi Sohn of Public Knowledge; and Jimmy Wales of Wikipedia at its 15th annual Pioneer Awards ceremony. The presentation is at 7pm on Wednesday, May 3 at the International Spy Museum in Washington, DC, in conjunction with the Computers, Freedom, and Privacy conference (CFP).
Court Case to Determine Rights of Online Journalists
Arguments Set for April 20 in San Jose
San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple v. Does
EFF Debate: "Email - Should the Sender Pay?"
Esther Dyson and Danny O'Brien Face Off April 20 in San Francisco
San Francisco - What is the future of email? Should anyone ever have to pay to send it? Or would payments undermine free speech on the Internet? These are just a few of the questions raised recently by AOL's controversial plans to adopt a "certified" email system.
Digital Copyright Law Hurts Consumers, Scientists, and Competition
EFF Report Highlights More Unintended Consequences in Seven Years of DMCA
EFF Files Evidence in Motion to Stop AT&T's Dragnet Surveillance
Internal AT&T Documents Had Been Temporarily Held Back Due To Government's Concerns
EFF Challenges Dangerous Patent on Internet Test-Taking
Illegitimate Patent Chills Distance Learning and University Education
San Francisco - An extremely broad patent claiming to cover almost all methods of online testing is coming under fire today.
Test.com has used this illegitimate patent to demand payments from universities with distance education programs that give tests online. However, a patent reexamination application filed by the Electronic Frontier Foundation (EFF) today shows that Test.com wasn't the first to come up with this testing method.
"Bogus patents like this one highlight the problems with the current patent system. This is a good example of exactly what needs to be fixed to make patents useful to innovators and educators alike," Schultz said.
In conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm, EFF filed a request for reexamination with the United States Patent and Trademark Office showing that IntraLearn Software Corporation had been marketing an online test-taking system long before Test.com filed its patent request. But Test.com claims that its patent allows it to collect license fees for virtually all online testing methods, preventing educators from developing online coursework and communicating with students over the Internet. As online testing is critical to Internet education, the enforcement of this patent threats academic speech and academic freedom.
"Our nation's education system already faces severe budget constraints and a shortage of resources," said EFF Staff Attorney Jason Schultz. "We shouldn't be diverting resources away from teaching to pay off bogus patent threats."
The challenge to the Test.com patent is the second filing from EFF's Patent Busting Project, which combats the chilling effects bad patents have on public and consumer interests. The first reexamination request was granted on Monday and involves a Clear Channel patent for a system and method of creating recordings of live performances, locking musical acts into using Clear Channel technology and blocking innovations by others.
Just last week, the United States Supreme Court heard arguments in the eBay v. MercExchange patent case, signaling how important patent issues are in today's economy. EFF filed an amicus brief in that case, asking justices to consider the critical free speech implications in its ruling.
For the full Test.com patent reexamination request:
http://www.eff.org/patent/wanted/test/testcom_reexam.pdf
For more on EFF's Patent Busting Project:
http://www.eff.org/patent/
For more on IntraLearn Software:
http://www.intralearn.com/
For more on eBay v. MercExchange:
http://www.eff.org/legal/cases/ebay_v_mercexchange/
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Jerry Goguen
IntraLearn Software Corporation
jgoguen@intralearn.com
Theodore C. McCullough
Attorney
Lemaire Patent Law Firm
Citizens Lobby Congress for Reliable Electronic Voting
Hundreds Join EFF and Other Groups to Fight for Election Integrity
San Francisco - Hundreds of citizen lobbyists from across the nation will be in Washington, DC, this coming Thursday and Friday, working to help secure the future of safe, reliable electronic voting through the passage of HR 550 -- the Voter Confidence and Increased Accessibility Act. HR 550 would ensure a voter-verified paper record of every vote, establish mandatory random hand-counted audits, and prohibit the use of secret software and wireless communications in voting machines.
Bogus Clear Channel Patent May Be Revoked
Patent Office Orders Reexamination at EFF's Request
San Francisco - At the request of the Electronic Frontier Foundation (EFF), the US Patent and Trademark Office (PTO) today agreed to reexamine an illegitimate patent held by Clear Channel Communications. The patent -- for a system and method of creating digital recordings of live performances -- locks musical acts into using Clear Channel technology and blocks innovations by others.
"The Patent Office agrees that there are serious questions about the patent's validity," said EFF Staff Attorney Jason Schultz. "This is a significant victory for artists and innovators harmed by Clear Channel's patent and for anyone concerned about overreaching, illegitimate patents."
Clear Channel now has two months to file comments defending its patent, to which EFF will get to respond. The PTO will then determine whether to invalidate the patent. In roughly 70% of instances like this one in which a request for reexamination is granted, the patent is narrowed or completely revoked.
"Patents serve an important role in our economy," said Schultz. "Keeping illegitimate patents out of that system benefits all of us, helping up-and-coming artists and entrepreneurs."
EFF filed the request for reexamination in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law. The Clear Channel patent challenge is part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests. The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.
For more information about EFF's request and Clear Channel's patent:
http://www.eff.org/patent/wanted/patent.php?p=clearchannel
For EFF's Patent Busting Project:
http://www.eff.org/patent/
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Theodore C. McCullough
Attorney
Lemaire Patent Law Firm
EFF Motion in AT&T Surveillance Case Draws Government's Eye
DOJ Demands First Look at Documents It Claims Might Be Classified
San Francisco - The Electronic Frontier Foundation (EFF) filed a motion for a preliminary injunction in its class-action lawsuit against AT&T today. However, much of the evidence that was to be included in the motion
Proposed New Jersey Laws Would Chill Free Speech
EFF and Other Groups Call for Bills' Withdrawal
San Francisco - A diverse coalition of companies, public interest organizations, and legal scholars, including the Electronic Frontier Foundation (EFF), craigslist, Public Citizen, the US Internet Industry Association (USIIA), the Center for Democracy and Technology (CDT) and Professors Lyrissa C. Barnett Lidsky and Jennifer M. Urban, sent an open letter today to three New Jersey assemblymen, urging them to withdraw their support from two bills designed to eliminate anonymous online speech.
DearAOL.com Coalition Grows From 50 Organizations to 500 In One Week
30,000 Email Users Sign Open Letter
San Francisco - Despite AOL's attempt to divide its critics, the DearAOL.com Coalition announced Monday it has grown tenfold from 50 organizations to more than 500 as it fights AOL's controversial plan to create a two-tiered Internet that leaves the little guy behind.
Strange Bedfellows Unite to Fight AOL's "Email Tax"
National Conference Call - Tuesday, 1pm EST
This Tuesday, an unlikely coalition of left and right, non-profits and small businesses, and Internet advocacy groups will hold a national telephone news conference call to announce an unprecedented combined campaign against AOL's new "pay-to-send" email proposal
Sony BMG Settles Up with Music Fans for Copy-Protection Debacle
EFF Urges Consumers to Claim Clean CDs and Extra Downloads
San Francisco - The Electronic Frontier Foundation (EFF) is urging music fans who purchased Sony BMG music CDs containing flawed digital rights management (DRM) to submit their claims now for clean CDs and extra downloads as part of a class action lawsuit settlement.
"This settlement gives consumers what they thought they were buying in the first place -- clean, safe music that will play on their computers and their iPods as well as their stereo systems," said EFF Staff Attorney Kurt Opsahl.
Internet Companies Need Code of Conduct in Authoritarian Regimes
EFF Calls for Limits on Data Collection and Retention
San Francisco - As Congressional hearings about how U.S. Internet companies do business in China are set to begin, the Electronic Frontier Foundation (EFF) is calling for the industry and government to work together to develop simple guidelines to decrease the harm done by participating in authoritarian regimes.
EFF Challenges Clear Channel Recording Patent
Illegitimate Patent Locks In Artists and Threatens Innovators
San Francisco - The Electronic Frontier Foundation (EFF) filed a challenge Tuesday to an illegitimate patent from Clear Channel Communications. The patent -- for a system and method of creating digital recordings of live performances -- locks musical acts into using Clear Channel technology and blocks innovations by others.
Clear Channel claims that its patent creates a monopoly on all-in-one technologies that produce post-concert live recordings on digital media and has threatened to sue anyone who makes such recordings with a different system. This has forced bands like the Pixies into using Clear Channel's proprietary technology, and it hurts investment and innovation in new systems developed by other companies.
"Clear Channel shouldn't be able to intimidate artists with bogus intellectual property," said EFF Staff Attorney Jason Schultz. "We hope the Patent Office will take a hard look at Clear Channel's patent and agree that it should be revoked."
The request for reexamination filed with the United States Patent and Trademark Office shows that a company named Telex had in fact developed similar technology more than a year before Clear Channel filed its patent request. EFF, in conjunction with Theodore C. McCullough of the Lemaire Patent Law Firm and with the help of students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law, wants the patent office to revoke the patent based on this and other extensive evidence.
"The patent system serves an important public purpose in our economy," said Schultz. "Keeping illegitimate patents out of that system helps up-and-coming artists and entrepreneurs succeed for all of us."
The Clear Channel patent challenge is part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests. Illegitimate patents currently in effect could prevent you from building a hobbyist website or even streaming a wedding video to your friends. The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.
For the full reexamination request:
http://www.eff.org/patent/wanted/clearchannel/CC_reexam.pdf
For more on the evidence against Clear Channel:
http://www.eff.org/patent/wanted/patent.php?p=clearchannel
Contacts:
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Theodore C. McCullough
Attorney
Lemaire Patent Law Firm
Nominate a Pioneer for EFF's Pioneer Awards
Awards Recognize Leaders on the Electronic Frontier
San Francisco - The Electronic Frontier Foundation (EFF) is calling for nominations for its 2006 Pioneer Awards -- the annual celebration of leaders on the electronic frontier who extend freedom and innovation in the realm of information technology. Past winners have included Tim Berners-Lee, Linus Torvalds, and Ed Felten.
Google Copies Your Hard Drive - Government Smiles in Anticipation
Consumers Should Not Use New Google Desktop
San Francisco Google announced a new "feature" of its Google Desktop software that greatly increases the risk to consumer privacy. If a consumer chooses to use it, the new "Search Across Computers" feature will store copies of the user's Word documents, PDFs, spreadsheets and other text- based documents on Google's own servers, to enable searching from any one of the user's computers. EFF urges consumers not to use this feature, because it will make their personal data more vulnerable to subpoenas from the government and possibly private litigants, while providing a convenient one-stop-shop for hackers who've obtained a user's Google password.
"Coming on the heels of serious consumer concern about government snooping into Google's search logs, it's shocking that Google expects its users to now trust it with the contents of their personal computers," said EFF Staff Attorney Kevin Bankston. "Unless you configure Google Desktop very carefully, and few people will, Google will have copies of your tax returns, love letters, business records, financial and medical files, and whatever other text-based documents the Desktop software can index. The government could then demand these personal files with only a subpoena rather than the search warrant it would need to seize the same things from your home or business, and in many cases you wouldn't even be notified in time to challenge it. Other litigants--your spouse, your business partners or rivals, whomever--could also try to cut out the middleman (you) and subpoena Google for your files."
The privacy problem arises because the Electronic Communication Privacy Act of 1986, or ECPA, gives only limited privacy protection to emails and other files that are stored with online service providers--much less privacy than the legal protections for the same information when it's on your computer at home. And even that lower level of legal protection could disappear if Google uses your data for marketing purposes. Google says it is not yet scanning the files it copies from your hard drive in order to serve targeted advertising, but it hasn't ruled out the possibility, and Google's current privacy policy appears to allow it.
"This Google product highlights a key privacy problem in the digital age," said Cindy Cohn, EFF's Legal Director. "Many Internet innovations involve storing personal files on a service provider's computer, but under outdated laws, consumers who want to use these new technologies have to surrender their privacy rights. If Google wants consumers to trust it to store copies of personal computer files, emails, search histories and chat logs, and still 'not be evil,' it should stand with EFF and demand that Congress update the privacy laws to better reflect life in the wired world."
Google can and should design its technologies to avoid these problems in the first place. For example, searching across computers can be accomplished without Google having to keep copies of those computers' contents. Alternatively, Google could encrypt the stored data such that only the user has access.
"Google constantly touts its creative brainpower. More privacy-protective technologies are surely not beyond its reach, so long as its engineers make that a design priority," added Bankston.
For more on the new version of Google Desktop:
http://today.reuters.com/business/newsArticle.aspx?type=technology&story...
For more on Google's data collection: http://news.com.com/FAQ+When+Google+is+not+your+friend/2100-1025_3-60346...
http://www.boston.com/news/nation/articles/2006/01/21/google_subpoena_ro...
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/0...
http://news.com.com/%20Bill+would+force+Web+sites+to+delete+personal+inf...
CD Copy Protection Firm Promises Fix for Software Problems
SunnComm Agrees to Terms of EFF Open Letter
San Francisco - In response to an open letter written by the Electronic Frontier Foundation (EFF), SunnComm Technologies, Inc., has outlined what it has done and will do to address potential security problems caused by its MediaMax CD copy-protection software and to help protect against future vulnerabilities. Use of the software on CDs released by Sony BMG has received significant media attention, but many consumers are unaware that the software was also used by several independent music labels.
EFF Sues AT&T to Stop Illegal Surveillance
Telecom Collaborated with NSA to Spy on Customers
San Francisco - The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T Tuesday, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive and illegal program to wiretap and data-mine Americans' communications.
Supreme Court Tackles Dangerous Patent Ruling
EFF Asks Justices to Consider Critical Free-Speech Implications
San Francisco - The Electronic Frontier Foundation (EFF) filed a friend-of-the-court brief with the United States Supreme Court Thursday, asking justices to overturn a court ruling in a patent case with dangerous implications for free speech and consumers' rights. The Public Patent Foundation, the American Library Association, the American Association of Law Libraries, and the Special Library Association joined EFF on the brief.
At issue is a case involving online auctioneer eBay and a company called MercExchange. Last year, the Federal Circuit Court of Appeals ruled that eBay violated MercExchange's online auction patents and that eBay could be permanently enjoined, or prohibited, from using the patented technology. But as part of the ruling, the court came to a perilous conclusion, holding that patentees who prove their case have a right to permanent injunctions under all but "exceptional circumstances," like a major public health crisis. This radical rule created an "automatic injunction" standard that ignored the traditional balancing and discretion used by judges to consider how such a decision might affect other public interests--including free speech online.
"As more and more people use software and Internet technology to express themselves online, the battle over software patents has grave implications for online speech," said EFF Staff Attorney Corynne McSherry. "Courts must work harder than ever to ensure that technologies like blogs, email, online video, and instant messaging remain free and available to the public."
The lower court's ruling stems in part from a misperception that patents are just like other forms of property, with the same rights and remedies. However, Supreme Court rulings have repeatedly emphasized that patents are a unique form of property, designed to achieve a specific public purpose: the promotion of scientific and industrial progress.
"Part of the court's duty in patent cases is to make sure that the system helps the public's right to free speech instead of hurting it," said EFF Staff Attorney Jason Schultz. "If this ruling is allowed to stand, courts won't be able to do what's right."
For the full brief:
http://www.eff.org/legal/cases/ebay_v_mercexchange/eff_amicus_brief.pdf
For more on patents and how bad law can hurt the public:
http://www.eff.org/patent
Contacts:
Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org
Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
Nevada Court Rules Google Cache is Fair Use
Important Milestone for Digital Copyright Law
EFF Applauds Google Resistance to Government Subpoena
But Broader Privacy Concerns Remain
San Francisco - Yesterday, the Justice Department asked a federal court in San Jose, California to force Google to turn over search records for use as evidence in a case where the government is defending the constitutionality of the Child Online Protection Act (COPA). Google has refused to comply with a subpoena for those records, based in part on its concern for its users' privacy.
Judge Grants Preliminary Approval for Sony BMG CD Settlement
Customers to Get Clean CDs and Extra Downloads Because of Flawed Copy-Protection
New York - A US District Court judge in New York gave preliminary approval Friday to a settlement for music fans who purchased Sony BMG music CDs containing flawed copy protection programs.
EFF Calls on EMI to Permit Security Research on Copy-Protected CDs
Fear of Legal Action Chills Computer Security Researchers
San Francisco - The Electronic Frontier Foundation (EFF) today sent an open letter to EMI Music -- the record label representing artists including Paul McCartney and Coldplay -- calling on it to agree not to pursue any legal action against computer security researchers who examine the copy-protection technologies used on some EMI CDs.
