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EFFector - Volume 14, Issue 21 - Russian Programmer to Appear in California Court


EFFector - Volume 14, Issue 21 - Russian Programmer to Appear in California Court

   EFFector       Vol. 14, No. 21       Aug 24, 2001

   A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

    In the 181st Issue of EFFector (now with over 28,700 subscribers!):

     * Russian Programmer to Appear in California Court
     * EFF Argues Against DVD Software Ban
     * EFF Music Fest in Golden Gate Park
     * ALERT: Opt Out of "Credit Spam" with a Phone Call
     * EFF Welcomes Board, Staff Members
     * EFF at LinuxWorld Conference
     * Administrivia

   For more information on EFF activities & alerts:

   To join EFF or make an additional donation:
   EFF is a member-supported nonprofit. Please sign up as a member today!

Russian Programmer to Appear in California Court

  Dmitry Sklyarov Issues Statement Thanking Supporters

    Electronic Frontier Foundation Media Advisory

    For Immediate Release: August 24, 2001


     Robin Gross, EFF Intellectual Property Attorney,
       +1 415 436-9333 x112 (office),
       +1 415-637-5310 (cell)

     Cindy Cohn, EFF Legal Director
       +1 415-436-9333 x108 (office),
       +1 415-823-2148 (cell)

   San Jose, California - Russian programmer Dmitry Sklyarov will appear
   in a California federal court this Thursday, August 30, for an
   arraignment on charges of trafficking in a copyright circumvention
   device. For programming a software application that appears to be
   legal in Moscow where he wrote it, Sklyarov -- who is out of custody
   on $50,000 bail -- faces a potential prison term of five years and a
   $500,000 fine.

   The arraignment is scheduled for 9:30 AM Pacific time with US
   Magistrate Judge Richard Seeborg presiding, in courtroom 4, 5th floor
   of the Federal District Court for the Northern District of California,
   San Jose Branch, 280 South 1st Street, in San Jose, California.

   Well-dressed observers plan to attend the arraignment and nonviolent
   protests are scheduled in Moscow (Russia), London (England), Boston,
   Chicago, Los Angeles, San Francisco, and Black Rock City, Nevada. The
   San Francisco protest will likely be well-attended since it will start
   during the Linux World conference in front of the Moscone Center at
   11:30 AM on August 30.

   Dmitry Skylarov issued the following statement thanking the activists
   who have taken up his cause:

     To everyone who spent their time helping me:

     During the three weeks I spent in jail I learned that many people
     were protesting against my arrest. I also learned that Adobe
     withdrew its support of my arrest after meeting with EFF. But I was
     not able to see that or to read letters and articles about my case.

     After being released from jail on August 6, I was really surprised
     and impressed by the scale of the action and the number of people
     involved in the protests. I'm not an IT superman. I'm just a
     programmer, like many others. It was unexpected by me that so many
     people would support a guy from another country that nobody heard
     about before.

     Your support means a lot to me and my family and makes a difference
     for all.

     This experience is going to change me in a profound way that I
     cannot even appreciate fully as yet. Thank you very much.

     -- Dmitry Sklyarov

   Directions and map to San Jose Federal Building:

   Background on the Sklyarov case:

   Calendar of protests related to the Sklyarov case:

EFF Argues Against DVD Software Ban

  Prior Restraint of Internet Publishers Unconstitutional

    Electronic Frontier Foundation Media Release

    For Immediate Release: Thursday, August 23, 2001


     David Greene, FAP Executive Director / Staff Counsel
       +1 510-208-7744

     Robin Gross, EFF Intellectual Property Attorney
       +1 415-436-9333 x112
       +1 415-637-5310 (cell)

   San Jose, California - A California appeals court today heard a debate
   over whether a lower court should have ordered dozens of Internet
   publishers to "stop the presses" pending the outcome of a California
   trade secrets trial.

   In January 2000, as part of a trade secrets case brought by the motion
   picture industry, Santa Clara County Superior Court Judge William
   Elfving ordered Andrew Bunner and numerous other defendants to halt
   Internet publication of DeCSS pending the outcome of the trial. DeCSS
   is free software that allows people to play DVDs without technological
   restrictions, such as platform limitations and region codes, that are
   imposed by movie studios.

   Today Bunner, represented by the Electronic Frontier Foundation (EFF)
   and the First Amendment Project (FAP), argued on appeal that this
   injunction violates his free speech rights under the First Amendment
   and the California Constitution. The argument took place in San Jose
   before three judges of the Sixth District California Court of Appeals.

   "It is well established that publishers of computer code are protected
   by the First Amendment. In granting the injunction against Mr. Bunner,
   the Superior Court failed to adequately consider Bunner's First
   Amendment rights," said David Greene, Executive Director and staff
   counsel to the First Amendment Project, who argued the appeal on
   behalf of Mr. Bunner. "The mere invocation of 'trade secrets' does not
   trump a publisher's First Amendment rights."

   During today's oral arguments, the judges clearly appreciated the
   important First Amendment issues raised and asked probing questions of
   both sides. Upon completion of the oral arguments, the court took the
   matter under submission. A decision is expected in approximately 4-8

   Background on the DVD Copy Control Assoc., Inc. v. Bunner case:

  About EFF:

   The Electronic Frontier Foundation is the leading civil liberties
   organization working to protect rights in the digital world. Founded
   in 1990, EFF actively encourages and challenges industry and
   government to support free expression, privacy, and openness in the
   information society. EFF is a member-supported organization and
   maintains one of the most linked-to Web sites in the world:

  About FAP:

   The First Amendment Project is a nonprofit, public interest law firm
   and advocacy organization dedicated to protecting and promoting
   freedom of information, expression, and petition. FAP provides advice,
   educational materials, and legal representation to its core
   constituency of activists, journalists, and artists in service of
   these fundamental liberties and has a website at:

                                  - end -

Electronic Frontier Foundation Music Fest in Golden Gate Park

  Wavy Gravy, John Perry Barlow Host "Share In" for Artists' Rights

    Electronic Frontier Foundation Media Release

    For Immediate Release: Thursday, August 23, 2001


     Katina Bishop, EFF Offline Activist / Education Dir.
       +1 415-436-9333 x101

     Robin Gross, Intellectual Property Attorney
       +1 415-863-5459

   San Francisco - The Electronic Frontier Foundation (EFF) and ten Bay
   Area bands invite you to an open air concert for everyone who loves
   music from to 2:00 PM to 5:00 PM on Saturday, September 8, 2001. EFF's
   "Share In" will feature musicians performing in Golden Gate Park near
   the intersection of Haight and Stanyan streets. Artists participating
   in this event will permit recording of their performances by those in
   attendance in support of EFF's Open Audio License (OAL).

   Ten bands will play in two stage areas in the meadow. Hosting the main
   stage are Wavy Gravy and EFF co-founder John Perry Barlow. Musicians
   performing at the event include singer/songwriter Adrian West, the
   jazzy Alex Buccat Quartet featuring Sanaz, folk/pop band Atticus
   Scout, high-altitude bluegrass string band Hot Buttered Rum, soulful
   solo performer Michael Musika, the political satirists of The Planning
   Commission, Berkeley-based party band Shady Lady, classical Indian
   instrumentalists Srini and Raja, acoustic rock performer Vanessa Lowe,
   and singer/songwriter Wendy Haynes.

   EFF developed the Open Audio License to help artists share their work
   with others without giving up the recognition they deserve for
   creating the art. Based on the open source and free software
   initiatives for software development, the OAL encourages artists to
   share with one another and their fans.

   Adoption of the OAL does not mean that an artist goes unrewarded for
   his or her work. On the contrary, the OAL permits artists to share
   single tracks or performances and gain widespread recognition for
   their work without relying on intermediaries. EFF encourages new
   models of music distribution in the digital world that benefit the
   artists themselves. One of the great qualities of the Internet is that
   the overhead for packaging and distributing music, which is where most
   of the money is currently spent by record companies, is drastically
   reduced. EFF is committed to developing tools that empower artists to
   take control over their own art and to be compensated appropriately
   for their works.

   EFF believes that many of the laws and technologies being developed
   today to protect intellectual property actually harm the public's
   First Amendment and fair use rights and make criminals of people doing
   perfectly legitimate things. We are striving to help artists realize
   the full potential of the Internet for reaching their fans by
   challenging restrictive laws in courtrooms and through fun public
   education events, like this one.

   In addition to the music, the Share In will showcase booths with the
   performing artists' music and tie-dye Share In T-shirts. There will
   also be booths hosted by EFF and outside sponsors, including artists'
   rights organizations and independent labels. Ben and Jerry's will
   donate a portion of the event's ice cream sales to EFF.

   This is an event for all ages. Bring your family and friends, kids
   welcome. Hear great music, enjoy Ben and Jerry's ice cream, and
   support a great cause.

   Event sponsors include: Guitar Center, Berkman Center for Law and
   Technology, Future of Music Coalition, and the SF Bay Guardian.

   Information on EFF's Campaign for Audiovisual Free Expression and the
   Open Audio License is available at:

                                  - end -

ALERT: Opt Out of "Credit Spam" with a Phone Call

    Electronic Frontier Foundation ACTION ALERT

    (Issued: Aug. 23, 2001 / Expires: Sep. 23, 2001)


   The 1999 Gramm-Leach-Bliley Act (GLBA), a financial services
   "overhaul" law, included certain privacy provisions regulating
   financial services institutions and credit bureaus. The statute,
   unfortunately, did nothing to prevent consumer credit reporting
   companies -- such as Experian, Trans Union, Equifax/TRW, and Novus --
   from providing your credit and contact information to credit card
   companies for marketing purposes.

   The GLBA did provide the right to "opt out" of this consumer credit
   reporting information disclosure with a simple, free, phone call.

   The credit bureaus have not widely advertised their Automated Opt-Out
   System, already in operation for several years. This system exists
   only for opting out of lists of names that have been "screened" to
   receive "pre-approved" credit card offers.

   NOTE: This credit bureau opt-out capability has nothing to do with the
   July 1 GLBA provisions, which are related to the privacy notices you
   have received from your bank(s). Please read and act on those bank
   notices, too, as they contain additional disclosure opt-out mechanisms
   that apply to financial services.

   A recent anonymous "alert" about the GLBA has circulated widely on the
   Internet, claiming that on July 1, 2001, provisions of the GLBA went
   into effect that would allow credit reporting companies to provide
   detailed credit history about any American to "anyone who requests
   it", but that consumers can opt out of this disclosure. In truth,
   credit agencies are subject to a number restrictions in this area, as
   are banks and other financial institutions, the actual targets of the
   July 1 legal restrictions.

  What YOU Can Do Now:

     * Call the credit agencies' 1-888-567-8688 number to opt out of
       postal and telemarketing (and possibly e-mail) "credit spam".
       Listen carefully and wait until given the option to press "3" (do
       not press "1" - this will only opt you out for 2 years, while
       option 3 will opt you out permanently). You will be prompted for
       your phone number, to confirm your address, for your first & last
       name and middle initial (spoken and spelled), and for your Social
       Security Number (Taxpayer ID Number for non-citizens), in that
       order, and should thereafter receive a confirmation by postal mail
       within a few weeks. At the end of the automated process you'll be
       given the option to opt out additional family members.
     * Read and act on the (differing and unrelated) opt-out instructions
       you received in the mail from your financial institutions. If you
       have lost these notices or want more information, the Privacy
       Rights NOW ampaign has details:
     * Spread the word. Please feel free to pass on this alert (to
       individuals you know and to appropriate forums only).
     * If you receive an inaccurate "July 1 credit alert", please do NOT
       forward it, and if possible instead forward this EFF correction
       and alert to any known recipients and senders of the inaccurate
       alert. (The inaccurate alert typically begins, "As of July 1st,
       the four major credit bureaus"..., and may have a subject line of
       "Keep your privacy".)
     * Contact your legislators about privacy issues, and urge them to
       pass stronger privacy protections, against both corporate and
       governmental abuse of your personally-identifiable information.
       For information on how to contact your legislators and other
       government officials, see the EFF "Contacting Congress and Other
       Policymakers" guide at:
     * Join EFF! For membership information see:

  Privacy Campaign:

   This alert about the little-known credit spam opt-out system is part
   of a larger EFF campaign to highlight how extensively companies and
   governmental agencies share and use your personal information online
   and offline, and what you can do about it.

   Check the EFF Privacy Now! Campaign website regularly for additional
   alerts and news:

   For more information about the GLBA, see:

  Additional resources:

   EFF Topics - Privacy:

   Privacy Rights NOW campaign to petition FTC to improve financial &
   credit privacy regs:

   Privacy Rights Clearinghouse:

   Electronic Privacy Information Center:


    Lauren Gelman, EFF Public Policy Director
      +1 415 436 9333 x106

                                  - end -

Electronic Frontier Foundation Welcomes Board, Staff Members

  Place, von Lohmann, Schoen Join Online Civil Liberties Group

    Electronic Frontier Foundation Media Release

    For Immediate Release: Friday, August 24, 2001


     Shari Steele, EFF Executive Director
       +1 415-436-9333 x103

     John Place, EFF Board Member
       +1 415-436-9333

     Fred von Lohmann, EFF Senior Intellectual Property Attorney
       +1 415-436-9333 x123

     Seth Schoen, EFF Staff Technologist
       +1 415-436-9333 x107

   San Francisco - The Electronic Frontier Foundation (EFF) welcomes John
   Place onto its Board of Directors, as well as new staff members Fred
   von Lohmann as Senior Intellectual Property Attorney, and Seth Schoen
   as Staff Technologist. These additions reinforce EFF's standing as the
   leading civil liberties organization working to protect rights in the
   digital world.

   "I am so proud to see the organization bringing in such amazing
   talent," said EFF Executive Director Shari Steele. "These three people
   have lots of wisdom and a strong commitment to civil liberties. I'm
   really looking forward to working with all of them."

   EFF Board Member John Place served as Yahoo! Inc.'s General Counsel
   between 1997 and 2001 and was the first in-house attorney hired by the
   Internet company. There he managed a department that eventually grew
   to over 55 attorneys worldwide and was responsible for the company's
   legal affairs as well as its domestic and international public policy
   and government relations efforts. Place, who lives in the Silicon
   Valley with his wife and two children, also worked as Senior Corporate
   Counsel at Adobe Systems Incorporated. He holds a J.D. from Stanford
   Law School and a B.S. in Economics from San Jose State University. The
   Los Angeles Daily Journal named Place as one of the 100 most
   influential attorneys in California in both 1999 and 2000.

   "Our nation was founded on liberty," commented Place. "I am proud to
   join EFF in its pioneering work to ensure that our historic freedoms
   continue to thrive in the digital age."

   Before hiring on as EFF's Senior Intellectual Property Attorney, Fred
   von Lohmann researched the implications of peer-to-peer technologies
   on the future of copyright law, serving as a Visiting Researcher with
   the Berkeley Center for Law & Technology, a research center associated
   with the Boalt Hall School of Law, University of California at
   Berkeley. Prior to Boalt, Mr. von Lohmann practiced law with Morrison
   & Foerster, a large international law firm based in San Francisco. He
   earned his J.D. degree from Stanford Law School, where he helped
   organize Stanford's first-ever course on legal issues in cyberspace.
   As a law clerk to Judge Betty B. Fletcher of the Ninth Circuit Court
   of Appeals, he assisted the judge with Bernstein v. Department of
   State, the EFF's ground-breaking case relating to encryption and free

   Mr. von Lohmann will drive EFF's effort to legitimize reverse
   engineering efforts by software programmers. He will also focus on
   issues arising from the Digital Millennium Copyright Act (DMCA) and
   emerging peer-to-peer technologies. He joins EFF staff attorney Robin
   Gross and EFF board members Larry Lessig and Pamela Samuelson,
   rounding out the EFF intellectual property team.

   "As Dmitry Sklyarov's prosecution illustrates, intellectual property
   laws have become dangerously unbalanced, threatening both free
   expression and innovation," said von Lohmann. "EFF saw this before
   most, and I'm proud to be a part of its efforts to restore some of the
   balance we've lost."

   Seth Schoen is creating the position of EFF Staff Technologist,
   helping other technologists understand the civil liberties
   implications of their work; EFF staff better understand the underlying
   technology related to EFF's legal work; and the public understand what
   the technology products they use really do. Schoen comes to EFF from
   Linuxcare, where he worked for two years as a senior consultant. While
   at Linuxcare, Schoen helped create the Linuxcare Bootable Business
   Card CD-ROM. Prior to Linuxcare, Schoen worked at AtreNet, the
   National Energy Research Scientific Computing Center at Lawrence
   Berkeley National Laboratory, and Toronto Dominion Bank. Schoen
   attended the University of California at Berkeley with a Chancellor's

   Schoen remarked, "I've been a fan of EFF for many years. I'm honored
   to become a part of the organization and to have the opportunity to
   work with such accomplished civil liberties advocates."

   For more information about EFF's staff, board of directors and key
   volunteers, see:

                                  - end -

EFF at LinuxWorld Conference

   Come visit the Electronic Frontier Foundation in person at LinuxWorld
   2001, August 28-30. We will be taking donations for the important work
   we do and for the ever-popular EFF bumper stickers. It's a great
   opportunity to talk with EFF staff about all things EFF. For new
   members who join on the spot - and for those who ask nicely - we have
   a special giveaway for the Linux community. We will also have candy if
   you're hungry.

   EFF has 50 free exhibits-only passes to LinuxWorld available. Simply
   email for yours - first come, first served.

   EFF at LinuxWorld Location:
   Booth #562
   Moscone Convention Center
   747 Howard Street
   San Francisco CA 94103 USA

   For more information, please see:


   Free Dmitry Party at LinuxWorld

   If you're in San Francisco on Wednesday August 29, come check out
   representatives of EFF at a fundraising party for Dmitry Sklyarov. EFF
   board member Lawrence Lessig will be speaking, as will Free Software
   Foundation President Richard Stallman. And there will be beer, music,
   and much merriment!

   Located close to the LinuxWorld Expo:
   201 Ritch Street, 2nd Floor
   San Francisco
   7:30 PM to 12 midnight

   For more information please see:

   Free Dmitry March from LinuxWorld to Federal Building

   While you're at LinuxWorld, join EFF members, the Free-Sklyarov
   mailing list, and the community at large in a protest march to the
   Federal Building in San Francisco starting at at 11:30 AM on Thursday,
   August 30. Protesters will gather at Moscone North on the public
   sidewalk on Howard Street between 3rd and 4th Streets and marching
   approximately nine blocks to the Federal Building.

   For more information please see:


   EFFector is published by:

   The Electronic Frontier Foundation
   454 Shotwell Street
   San Francisco CA 94110-1914 USA
   +1 415 436 9333 (voice)
   +1 415 436 9993 (fax)

   Katina Bishop, EFF Education & Offline Activism Director
   Stanton McCandlish, EFF Technical Director/Webmaster

   To Join EFF online, or make an additional donation, go to:

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