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EFFector - Volume 20, Issue 2 - EFF Defends Right to Link from Wiki


EFFector - Volume 20, Issue 2 - EFF Defends Right to Link from Wiki

EFFector Vol. 20, No. 2  January 9, 2007

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

In the 408th Issue of EFFector:
  • Celebrate EFF's Sweet 16 on January 11 in San Francisco!
  • EFF Backs in Defamation Case
  • Privacy Office Slams Secure Flight Testing
  • Help EFF Investigate Invasive Travel Screening Program
  • At Year's End, Darknet Still Beats DRM
  • Feds Shut Down E-voting Certification Lab
  • EFF at CES and Macworld Next Week
  • Nominate a Pioneer for EFF's 2007 Pioneer Awards!
  • miniLinks (5): BackUpHDDVD Tool Explained by Author
  • Administrivia
For more information on EFF activities & alerts:

Make a donation and become an EFF member today!

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effector: n, Computer Sci. A device for producing a desired         

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* EFF Defends Right to Link from Wiki

Legal Battle Over Controversial Prescription Drug Zyprexa

San Francisco - Last week, the Electronic Frontier 
Foundation defended the First Amendment rights of a 
citizen-journalist to link from a public "wiki" to 
electronic copies of damaging internal Eli Lilly documents 
relating to the controversial prescription drug Zyprexa.

At the hearing, federal district Judge Jack B. Weinstein 
refused to change his order blocking publication of 
material that would "facilitate dissemination" of the Lilly 
documents. A further hearing on the issue is set for 
Tuesday, January 16.

EFF's client, an anonymous citizen-journalist, posted the 
links on the wiki located at . 
Eli Lilly complained, and Judge Weinstein issued his order 
on January 4. EFF went to court to challenge this order as 
an unconstitutional prior restraint on free speech in 
violation of the First Amendment and to ensure that the 
right of nonparties in the litigation to link to publicly 
important information remains protected.

"Preventing a citizen-journalist from posting links to 
important health information on a public wiki violates the 
First Amendment," said EFF Senior Staff Attorney Fred von 
Lohmann. "Eli Lilly's efforts to censor these documents off 
the Internet are particularly outrageous in light of the 
information reported by The New York Times, which suggests 
that doctors and patients who use Zyprexa need to know the 
information contained in those documents."

According to The New York Times reports, the Eli Lilly 
documents show that the company 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 leaked from the ongoing Zyprexa 
products liability lawsuit, where Weinstein is the 
presiding judge.

Copies of the leaked Eli Lilly documents have appeared on a 
variety of websites and other Internet sources. The links 
to the documents that were posted on the wiki at were part of extensive, in-
depth analysis from a number of citizen journalists. A wiki 
is a website that allows many users to collaborate on its 
content, creating a kind of simple database for collecting 
information -- in this case, about the controversy 
surrounding Zyprexa.

Zyprexa is Eli Lilly's best selling drug, used to treat 
schizophrenia and bipolar disorder. Last week, Eli Lilly 
agreed to pay up to $500 million to settle claims relating 
to Zyprexa. This latest settlement brings the total paid by 
Eli Lilly to resolve lawsuits involving Zyprexa to more 
than $1.2 billion.

For the full motion filed in the Zyprexa products liability 

For the court's order of January 4:

For this release:

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* Having Trouble at the Border? EFF Wants Your Stories

Have you had any difficulties entering or leaving the 
United States? If so, EFF would like to hear from you.

After focusing attention on the Department of Homeland 
Security's secret Automated Targeting System (ATS), we're 
keen to uncover and document its effect on the law-abiding 
public. We're interested in hearing from any travelers who 
have had repeated problems at the border or have been told 
by government agents that they are on a "list" or that 
there is some unexplained "problem" that needs to be 

Please share your story with us by writing 
and providing as much detail as possible. We will treat all 
responses confidentially and may contact you to follow-up.

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* House Encourages Florida Court to Allow Access to 
E-voting Source Code, Hardware

A key member of the House of Representatives has weighed in 
on the disputed Florida Congressional election, saying that 
not only the litigants but the House itself would benefit 
from more open discovery. Last Thursday, the incoming 
Chairwoman of the House Administration Committee, which has 
the responsibility for evaluating any House election 
contest, submitted a letter to the Florida First District 
Court of Appeal expressing concern with the inability of 
the Plaintiffs to pursue their claims.

In her letter, Chairwoman Millender-McDonald (D-CA) stated:

"It is [...] of concern that the parties have been unable 
to agree upon, and that, on December 29th, the lower court 
declined to order, the requested access to the hardware and 
software (including the source code) needed to test the 
contestant's central claim: voting machine malfunction."

Millender-McDonald went on to note that:

"[T]he House is well served in its own deliberations by 
having before it a complete record. Consequently, Florida 
law will facilitate the evaluation of the election contest 
pending before the House to the extent that it provides 
access to relevant and critical evidence. I am confident 
that this can be done in a way that accommodates the valid 
interests of the parties, and resolution of these issues 
may obviate the need for the House to address them."

Millender-McDonald's letter strongly supports the positions 
taken by District 13 challenger Christine Jennings as well 
as the 11 Sarasota voters (represented by EFF, VoterAction, 
People for the American Way Foundation, and the ACLU of 
Florida) in their separate suit. Florida voters deserve and 
Florida law requires that challengers be given an 
opportunity to fully investigate legitimate claims that 
call into question the integrity of election results.

On December 29, 2006, the trial court denied the 
Plaintiffs' motions to compel the production of hardware, 
software, and documentation that would allow the cases to 
move forward. The Court of Appeals is considering an appeal 
that was filed this week. (See above for more details.)

For Millender-McDonald's letter:

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* Reminder: Celebrate EFF's Sweet 16 on January 11 in San 
Francisco - and Visit Us at Macworld!

Join EFF for a birthday bash to celebrate 16 years fighting 
for your rights. The party will be on January 11, 7-10 PM, 
at 111 Minna Gallery in San Francisco. DJ Ripley and Kid 
Kameleon will be keeping the dance floor hopping all night 

A $20 donation gets you in the door. No one will be turned 
away for lack of funds, and all proceeds go toward our work 
defending your digital freedom.

EFF Sweet 16 Party

January 11, 2007
7-10 PM

111 Minna Gallery
111 Minna Street
San Francisco, CA 94105
Tel: (415) 974-1719

This fundraiser is open to the general public. 21+ only,
cash bar.

Please RSVP to

For DJ Ripley:

For Kid Kameleon:

Just around the corner, EFF has a booth at San Francisco's 
Macworld Conference & Expo on January 9-12. We're in booth 
3102, so please stop by and grab some swag during exhibit 
hours -- we look forward to seeing you!

For more about Macworld:

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* Florida Voters Challenge Judge's Shutdown of Election 

Ruling Impedes Search for Answers in Sarasota County 
Congressional Race

Tallahassee, Fla. - A bipartisan group of Florida voters 
has challenged a court ruling that is preventing a 
thorough, independent investigation into alleged voting 
machine failures in the state's 13th congressional district 

The appeal asks for a reversal of a prior ruling that 
allowed electronic voting machine vendor Election Systems & 
Software (ES&S) to keep its software, hardware, and related 
documentation hidden from the voters -- even though experts 
from both sides agree that something went seriously awry 
during November's election.

"The court wrongly decided that the voters' legitimate 
demand to determine who won their election was less 
important than the remote possibility that an independent 
investigation by nationally-recognized experts would harm 
the trade secrets of the vendor," said EFF Staff Attorney 
Matt Zimmerman. "The court could easily have addressed the 
vendor's concerns the same way trade secret concerns are 
usually handled in litigation -- by simply issuing a 
protective order that set limited use of the information to 
the litigation. The judge had the power to protect the 
interests of all parties. Unfortunately, in this case, he 
decided not to use it."

According to the electronic voting machines used during the 
November general election, more than 18,000 people in 
Sarasota County -- approximately 15% of the voter turnout -
- did not cast a vote for any congressional candidate for 
the hotly contested seat. Instead of performing a robust 
analysis of the county's voting machines and software, the 
Florida Elections Canvassing Commission certified Vern 
Buchanan as the winner by 363 votes.

EFF, VoterAction, People for the American Way Foundation, 
and the ACLU Foundation of Florida represent 11 Sarasota 
voters seeking an investigation into likely voting machine 
malfunctions and a re-vote if lost votes cannot be 
recovered. The suit is nonpartisan and not affiliated with 
either candidate from the race.

For the full request for appeal:

For this release:

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* miniLinks
The week's noteworthy news, compressed.

~ Sununu: FCC Tech Mandates Must Be Banned
Republican Senator proposes law that would stop broadcast, 
audio flags in their tracks.

~ How to Save the Classics
If libraries dump the classics, the real solution is the 
public domain.

~ Sealand for Sale
One used crypto-utopia, going cheap.,,2-2536497,00.html

~ Studios OK DeCSS on Movie Downloads
Requires new blank DVDs, new burners - and probably 
reprogramming of the audience's wishes.

~ Eight Internet Losers in 2006
With the Goodmail furor and its Data Valdez, AOL tops the 
charts, beating even Senator Stevens.

~ Face Recognition for Photo Searches Sparks Privacy Fears
Growing concerns over new pattern-matching technologies.

~ Music Business Set to Relax Digital Restrictions
More indications that DRM has reached its high-tide mark: 
though the flood damage will take years to fix.

~ New Lawsuits Challenge Apple's DRM
Antitrust versus DRM.

~ Ed Felten's World of the (Near) Future
He and his team give their predictions for 2007.

~ Gerald Ford: Privacy Godfather?
President Ford's mixed attempts to fix privacy in the 
United States.

~ Italian Law Mandates Content Blocking
Italian ISPs are required to block sites within six hours 
of being told to do so -but is that compatible with EU law?

~ Sony Fined by French Court for DRM Music
Sony's use of its ATRAC DRM on its online music store was 
an illegal tying practice, says French court.

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* Administrivia

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)

Danny O'Brien, Activism Coordinator

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