Press Releases: February, 2007
EFF Lawsuit Seeks Release of Secret Court Orders on Electronic Surveillance
Justice Department Withholds Records About Purported Changes to Program
Washington, D.C. - The Electronic Frontier Foundation (EFF) filed suit against the Department of Justice today, demanding records about secret new court orders that supposedly authorize the government's highly controversial electronic surveillance program that intercepts and analyzes millions of Americans' communications.
Fight Over Google's 'Sponsored Links' Threatens Internet Free Speech
EFF Asks Judge to Uphold Key Trademark Ruling
San Francisco - The Electronic Frontier Foundation (EFF) asked the U.S. 2nd Circuit Court of Appeals today to uphold an important ruling allowing anyone to purchase Google's "sponsored links" tied to trademarks, arguing that the practice is legal under trademark law and provides a vital means for online speakers to connect with audiences on the Internet.
Judge Denies Complete Stay in AT&T Surveillance Case
Government and AT&T Cannot Freeze Proceedings During Appeal
San Francisco - A federal judge today ruled that the Electronic Frontier Foundation (EFF) can go forward with elements of its class action lawsuit against AT&T for collaborating with the government on illegal spying in ordinary Americans -- despite the government and AT&T's request to freeze proceedings during an appeal.
Judge Refuses to Release Critical Documents in AT&T Surveillance Case
Klein Declaration and Other Internal Documents to Stay Sealed for Now
San Francisco - A federal judge in San Francisco today denied requests from media groups to unseal critical evidence in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T.
Media Giant Bullies Internet Critic
Discovery Communications Tries to Chill Speech with Baseless Legal Claims
San Francisco - The Electronic Frontier Foundation (EFF) warned Discovery Communications, Inc., today to cease its demands for the removal of an online template that uses humor to help people criticize the media company.
Eli Lilly Loses Effort to Censor Zyprexa Documents Off the Internet
Judge Rescinds Injunction Against Wiki, Other Websites
New York - A U.S. District Court judge today refused Eli Lilly's request to ban a number of websites from publishing leaked documents relating to Zyprexa, Eli Lilly's top-selling drug. Although the judge rejected the First Amendment arguments made by a variety of individuals eager to publish the documents, the court concluded that "it is unlikely that the court can now effectively enforce an injunction against the Internet in its various manifestations, and it would constitute a dubious manifestation of public policy were it to attempt to do so." The order is a victory for the Electronic Frontier Foundation (EFF), which represents an anonymous individual who was previously barred by the court's earlier orders from posting links to the Zyprexa documents on the zyprexa.pbwiki.com wiki.
The Zyprexa documents were leaked from an ongoing product liability lawsuit against Eli Lilly. The internal documents allegedly show that Eli Lilly intentionally downplayed the drug's side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for "off-label" uses not approved by the Food and Drug Administration (FDA). The documents were the basis for a front-page story in the New York Times in December of last year, and electronic copies are readily available from a variety of Internet sources. EFF's client posted links to one set of copies on a wiki devoted to the controversy that were part of extensive, in-depth analysis from a number of citizen journalists.
"This ruling makes it clear that Eli Lilly cannot invoke any court orders in its futile efforts to censor these documents off the Internet," said EFF Staff Attorney Fred von Lohmann. "We are disappointed, however, that the judge failed to appreciate that its previous orders constituted prior restraints in violation of the First Amendment."
The court stayed its ruling for 10 days in order to permit an appeal. Zyprexa is Eli Lilly's best selling drug, used to treat schizophrenia and bipolar disorder. Eli Lilly has paid more than $1.2 billion to resolve lawsuits involving Zyprexa.
For the full order:
http://eff.org/legal/cases/zyprexa/zyprexa_judgement.pdf
For more on the Eli Lilly Zyprexa litigation:
http://www.eff.org/legal/cases/zyprexa/
Contact:
Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation
fred@eff.org
EFF Fights to Unmuzzle Citizen Journalists
Free Speech Rights At Stake in Legal Battle Over Controversial Drug Zyprexa
New York - The Electronic Frontier Foundation (EFF) told a judge Wednesday to remove the legal muzzle on citizen journalists caught up in a court battle over documents relating to the controversial prescription drug Zyprexa. EFF argues that the injunction against publication of the documents online is prior restraint on their free speech and a violation of First Amendment rights.
EFF's client posted links on a "wiki" to electronic copies of damaging internal Eli Lilly documents about Zyprexa. The documents leaked from an ongoing product liability lawsuit against Eli Lilly over Zyprexa and were the basis for a front-page story in the New York Times in December of 2006. Eli Lilly has since obtained an injunction that forbids 11 individuals and five websites from posting or linking to the documents. In a brief filed with the court Wednesday, EFF explains that this is the digital equivalent of a "stop the presses" order on individuals who were not involved in the leak. The documents remain readily available on the Internet from a variety of sources.
"The millions of patients who use Zyprexa, and their doctors, deserve access to these documents," said EFF Staff Attorney Fred von Lohmann. "The First Amendment guarantees citizen-journalists the right to publish truthful information on matters of public concern, just as it does for newspapers."
Zyprexa is Eli Lilly's best selling drug, used to treat schizophrenia and bipolar disorder. According to news reports, the internal documents show that Eli Lilly intentionally downplayed the drug's side effects, including weight gain, high blood sugar, and diabetes, and marketed the drug for "off-label" uses not approved by the Food and Drug Administration (FDA). Eli Lilly has paid more than $1.2 billion to resolve lawsuits involving Zyprexa.
The matter has been submitted to U.S. District Court Judge Jack B. Weinstein in the Eastern District of New York. A decision is expected shortly.
For the full brief:
http://eff.org/legal/cases/zyprexa/brief_opposing_injunction.pdf
For more on the Eli Lilly Zyprexa litigation:
http://www.eff.org/legal/cases/zyprexa/
Contact:
Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation
fred@eff.org
EFF Battles Gambit to Freeze Telecom Surveillance Cases
Friday Hearing on Motion to Stay Proceedings During Appeal
San Francisco - On Friday, February 9, at 2 p.m., the Electronic Frontier Foundation (EFF) will argue that lawsuits against a number of major telecommunications companies for illegally assisting the National Security Agency (NSA) in spying on millions of ordinary Americans should go forward, regardless of the government's attempt to overturn the judge's previous ruling in the 9th U.S. Circuit Court of Appeals.
EFF Tackles New Role in Europe
EFF Europe Office Opens in Brussels
San Francisco - The Electronic Frontier Foundation (EFF) opened a new office in Brussels today to work with various institutions of the European Union (EU) on innovation and digital rights, acting as a watchdog for the public interest in intellectual property and civil liberties policy initiatives that impact the European digital environment.
Car Expo Threatens Online Critics with Bogus Trademark Claims
EFF Backs Parody Protest Site of Chicago Auto Show
Chicago - The Electronic Frontier Foundation (EFF) warned the Chicago Auto Show today to back off attempts to muzzle protestors who posted a parody of the show's website.
