Whitepapers

On Locational Privacy, and How to Avoid Losing it Forever

August, 2009 Over the next decade, systems which create and store digital records of people's movements through public space will be woven inextricably into the fabric of everyday life. We are already starting to see such systems now, and there will be many more in the near future.

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Surveillance Self-Defense International

July, 2009 The Internet remains one of the most powerful means ever created to give voice to repressed people around the world. Unfortunately, new technologies have also given authoritarian regimes new means to identify and retaliate against those who speak out despite censorship and surveillance. Below are six basic ideas for those attempting to speak without falling victim to authoritarian surveillance and censorship, and four ideas for the rest of us who want to help support them.

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Avoiding Gripes About Your Gripe (or Parody) Site

May, 2009 Here's a story we hear a lot at EFF: You think BadCo, Inc. is a bad actor and you've developed a really cool site to tell the world why. Maybe just by griping about them or maybe through a bit of parody. Fast forward two weeks: you're basking in the pleasure of calling BadCo out when bam! You find out your site's been shut down. You call your internet service provider to find out what's going on. After way too much time climbing phone trees and sitting on hold you get an answer — BadCo has claimed that your site violates its intellectual property rights.

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Unintended Consequences: Ten Years under the DMCA

October, 2008 This document collects reported cases where the anti-circumvention provisions of the DMCA have been invoked not against pirates, but against consumers, scientists, and legitimate competitors. It will be updated from time to time as additional cases come to light. The latest version can always be obtained at EFF.org.

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RIAA v. The People: Five Years Later

September, 2008 On September 8, 2003, the recording industry sued 261 American music fans for sharing songs on peer-to-peer (P2P) file sharing networks, kicking off an unprecedented legal campaign against the people that should be the recording industry’s best customers: music fans. Five years later, the recording industry has filed, settled, or threatened legal actions against at least 30,000 individuals. These individuals have included children, grandparents, unemployed single mothers, college professors—a random selection from the millions of Americans who have used P2P networks. And there’s no end in sight; new lawsuits are filed monthly, and now they are supplemented by a flood of "pre-litigation" settlement letters designed to extract settlements without any need to enter a courtroom.

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Best Practices for Online Service Providers

June, 2008 Online service providers (OSPs) are vital links between their users and the Internet, offering bandwidth, email, web, and other Internet services. Because of their centrality, however, OSPs face legal pressures from all sides: from users, industry, and government. Here we offer information for people who run and use OSPs in order to help them make sound, ethical decisions about how to safeguard private data and preserve freedom of expression online.

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Patents and the Public Domain: Improving Patent Quality Upon Reexamination

June, 2008 Many issued patents upon a new review turn out to lack novelty and obviousness in light of previously undisclosed references. This report examines this policy problem and suggests the following recommendations to improve patent quality during and after issuance.

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A Better Way Forward: Voluntary Collective Licensing of Music File Sharing

April, 2008 The current battles surrounding peer-to-peer file sharing are a losing proposition for everyone. The record labels continue to face lackluster sales, while the tens of millions of American file sharers—American music fans—are made to feel like criminals. Every day the collateral damage mounts—privacy at risk, innovation stymied, economic growth suppressed, and a few unlucky individuals singled out for legal action by the recording industry. And the litigation campaign against music fans has not put a penny into the pockets of artists. We need a better way forward.

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Packet Forgery By ISPs: A Report on the Comcast Affair

November, 2007 Comcast is the second largest Internet Service Provider (ISP) in the United States. Some time around May 2007, Comcast installed new software or equipment on its networks that began selectively interfering with some of Comcast's customers' TCP/IP connections.

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Detecting packet injection: a guide to observing packet spoofing by ISPs

November, 2007 Certain Internet service providers have begun to interfere with their users' communications by injecting forged or spoofed packets - data that appears to come from the other end but was actually generated by an Internet service provider (ISP) in the middle. This spoofing is one means (although not the only means) of blocking, jamming, or degrading users' ability to use particular applications, services, or protocols.

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Six Tips to Protect Your Search Privacy

September, 2006 Google, MSN Search, Yahoo!, AOL, and most other search engines collect and store records of your search queries. If these records are revealed to others, they can be embarrassing or even cause great harm. Would you want strangers to see searches that reference your online reading habits, medical history, finances, sexual orientation, or political affiliation?

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How To Not Get Sued for File Sharing

July, 2006 As of July 2006, the RIAA has sued over 20,000 music fans for file sharing in just under three years. In 2004, the Motion Picture Association of America (MPAA) joined< this misguided, anti-consumer crusade. Filing lawsuits against anonymous "Doe" defendants, the RIAA and MPAA seek to uncover the identities of P2P users and force them to pay thousands of dollars in settlements. Many innocent individuals are being caught in the crossfire. While there is no way to know exactly what the RIAA and MPAA are going to do or who they are going to sue, users of publicly-accessible P2P networks can take the following steps to reduce their chances of being sued:

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Unintended Consequences: Seven Years under the DMCA

April, 2006 This document collects a number of reported cases where the anti-circumvention provisions of the DMCA have been invoked not against pirates, but against consumers, scientists, and legitimate competitors. It will be updated from time to time as additional cases come to light. The latest version can always be obtained at www.eff.org.

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IAAL*: What Peer-to-Peer Developers Need to Know about Copyright Law

January, 2006 This piece is meant as a general explanation of the U.S. copyright law principles most relevant to P2P file-sharing technologies.

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Investigating Machine Identification Code Technology in Color Laser Printers

July, 2005 At the request of the United States Secret Service, manufacturers developed mechanisms that print in an encoded form the serial number and the manufacturer's name as indiscernible markings on color documents. This paper investigates these codes in detail.

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When Push Comes to Shove: A Hype-Free Guide to Evaluating Technical Solutions to Copyright Infringement on Campus Networks

June, 2005 For years, university administrators have faced a growing challenge: fighting copyright infringement on campus networks. Confronting this challenge has not been easy and neither has choosing the right tool for the job.

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Digital Rights Management: A failure in the developed world, a danger to the developing world

March, 2005 This paper discusses the failure of DRM in the developed world, where it has been in wide deployment for a decade with no benefit to artists and with substantial cost to the public and to due process, free speech and other civil society fundamentals.

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Fair Use and Digital Rights Management: Preliminary Thoughts on the (Irreconcilable?) Tension between Them

March, 2005 As of July 2006, the RIAA has sued over 20,000 music fans for file sharing in just under three years. In 2004, the Motion Picture Association of America (MPAA) joined< this misguided, anti-consumer crusade. Filing lawsuits against anonymous "Doe" defendants, the RIAA and MPAA seek to uncover the identities of P2P users and force them to pay thousands of dollars in settlements. Many innocent individuals are being caught in the crossfire. While there is no way to know exactly what the RIAA and MPAA are going to do or who they are going to sue, users of publicly-accessible P2P networks can take the following steps to reduce their chances of being sued.

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Dangerous Terms: A User's Guide to EULAs

February, 2005 We've all seen them – windows that pop up before you install a new piece of software, full of legalese. To complete the install, you have to scroll through 60 screens of dense text and then click an "I Agree" button. Sometimes you don't even have to scroll through to click the button. Other times, there is no button because merely opening your new gadget means that you've "agreed" to the chunk of legalese.

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Noncommercial Email Lists: Collateral Damage in the Fight Against Spam

November, 2004 In their zeal to stop spam, many organizations and companies are blocking the delivery of wanted messages, especially those sent through email lists. This problem is exacerbated by the fact that most blocking processes are not transparent to the email sender or recipient, and email users are generally given little or no control over which emails are blocked.

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Meditations on Trusted Computing

May, 2004 In 1641, in his Meditations on First Philosophy, mathematician and philosopher Rene Descartes asked how it is that we can trust our senses. What if, he asked, everything we experience is actually part of a delusion created by an omnipotent demon bent on deceiving us? It turns out that a similar question has been weighing on the minds of Microsoft, Intel, and a number of other computer companies.

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Accessibility and Auditability in Electronic Voting

May, 2004 Nearly one-third of American voters – over 50 million people – live in districts that will use electronic voting terminals to elect the next president.1 However, widespread reports of voting terminal failures,2 and growing concern about the security of these machines, are fueling fierce debate over how to ensure the integrity of our elections.

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Best Practices for Online Service Providers

April, 2004 Online service providers (OSPs) are vital links between their users and the Internet, offering bandwidth, email, web, and other Internet services. Because of their centrality, however, OSPs face legal pressures from all sides: from users, industry, and government. Here we offer information for people who run and use OSPs in order to help them make sound, ethical decisions about how to safeguard private data and preserve freedom of expression online.

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Trusted Computing: Promise and Risk

October, 2003 Computer security is undeniably important, and as new vulnerabilities are discovered and exploited, the perceived need for new security solutions grows. "Trusted computing" initiatives propose to solve some of today's security problems through hardware changes to the personal computer.

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Unsafe Harbors: Abusive DMCA Subpoenas and Takedown Demands

September, 2003 The DMCA has been used to invade the privacy of Internet users, harass Internet service providers, and chill online speech. The subpoena and takedown powers of Section 512 are not limited to cases of proven copyright infringement, and are exercised without a judge's review.  The following is a small sampling of abuse, overreaching, and mistakes in the use of Section 512(h) subpoenas, Section 512(c)(3)(A) notices, and equivalents. Judicial oversight could curb these abuses without interfering with copyright enforcement.

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Biometrics: Who's Watching You?

September, 2003 Among the many reactions to the September 11 tragedy has been a renewed attention to biometrics. The federal government has led the way with its new concern about border control. Other proposals include the use of biometrics with ID cards and in airports, e.g. video surveillance enhanced by facial-recognition technology. The purpose of this document is to sketch out EFF's concerns about biometrics.

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Digital Rights Management: The Skeptics' View

April, 2003 A wide variety of technologies travel under the banner of "digital rights management" (DRM). In appropriate circumstances, these technologies can solve real problems for users, technology vendors, and content owners. Some, however, have made more ambitious claims for DRM, suggesting that these technologies represent the best hope for the entertainment industries as they struggle to evolve in a networked economy. But DRM is not without costs.

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