EFFector Vol. 20, No. 31 August 7, 2007 firstname.lastname@example.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 435th Issue of EFFector:
- Action Alert: Push Congress Back Into the Wiretapping Fight to Restore Your Rights
- Online CD Seller Fights Universal's Bogus Infringement Allegations
- Senate Approves FOIA Reform Bill
- Review Spotlights Widespread Vulnerabilities; California Decertifies Flawed Election Equipment
- Op-Ed Outrage in the Aftermath of "FISA Modernization"
- Another Loss for Real ID
- CCIA Targets Bogus Copyright Warnings
- Virginia Movie Theater Throws the Book at Teenage Filmgoer
- Visit EFF at LinuxWorld
- Thank You, DEFCON!
- miniLinks (7): Zimbabwe's New Spying Laws
For more information on EFF activities & alerts: http://www.eff.org/ Make a donation and become an EFF member today! http://eff.org/support/ Tell a friend about EFF: http://action.eff.org/site/Ecard?ecard_id=1061 effector: n, Computer Sci. A device for producing a desired change. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Action Alert: Push Congress Back Into the Wiretapping Fight to Restore your Rights Last week, Congress passed horrible legislation that broadly expands the National Security Agency's authority to spy on Americans without warrants. Now Congress needs to undo the damage as soon as possible, and to make it do that, it needs to hear from you: http://action.eff.org/fisa By capitulating to the President's demands for sweeping new surveillance powers, Congress not only trampled on your Constitutional rights but also disregarded its own Constitutional duties. The law permits warrantless surveillance of "persons reasonably believed to be located outside the United States," even when they are U.S. citizens or are communicating with U.S. citizens, with no prior court approval and only minimal court oversight. Rather than setting meaningful boundaries on the Executive, Congress essentially handed him a blank check to invade Americans' privacy. The most important check on government surveillance still remains though. It's you. Tell your representatives to repeal this legislation and restore your rights now: http://action.eff.org/fisa Congress' actions are particularly disgraceful given how the Administration has concealed the truth about its illegal spying. The President only revealed the so-called "Terrorist Surveillance Program" when press reports forced his hand in December 2005, and, after the Administration deliberately evaded numerous Congressional inquiries, it took the threat of possible perjury charges for the Attorney General to concede last week that the program was broader than first admitted. In its haste to pass legislation, Congress was essentially flying blind, yet it caved in to the Administration's fear-mongering anyway. This is a knockdown -- but far from a knockout -- in the battle to stop the government's warrantless domestic surveillance. The fight is not over, and, if you push them hard enough, Congress still has a chance to set things right. For our part, EFF's case continues forward against AT&T for illegally collaborating with the government, with a hearing before the 9th Circuit Court of Appeals next Wednesday. We'll keep battling in the courts to uphold the Constitution and restore your rights. We will also be taking the fight back to Congress, and for that we need your help. It's up to you to hold your representatives accountable for either allowing this egregious change or supporting it outright. Don't let them think for a second that this went unnoticed: send them a letter, call them to voice your opposition, and visit their home offices in your district during the August recess. Spread the word to your friends and family about what Congress has done and urge them to take action, too. Fortunately, the law has a sunset date, and, more importantly, Congressional leaders are already signaling that they want to revise the law before then. Restoring protections for your fundamental rights shouldn't wait even a day. Neither should our efforts to make sure that happens -- take action now: http://action.eff.org/fisa Read the Center for National Security Studies analysis of the bill: http://www.cnss.org/CNSS%20Views%20on%20S1927.htm For EFF's case against AT&T: http://www.eff.org/legal/cases/att For EFF's page on the NSA's Warrantless Domestic Surveillance: http://www.eff.org/Privacy/Surveillance/NSA/ See EFF's earlier article, "Administration Concedes Open Secret: NSA Spying Broader Than Previously Admitted": http://www.eff.org/deeplinks/archives/005386.php For this post: http://www.eff.org/deeplinks/archives/005395.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Online CD Seller Fights Universal's Bogus Infringement Allegations Record Industry Takes Aim at Right of 'First Sale' San Francisco - An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement. The Electronic Frontier Foundation (EFF) and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Augusto does business on eBay under the name Roast Beast Music and specializes in sales of rare and collectible music. Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal demanded that eBay take down Augusto's auctions, claiming that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold. "When a consumer buys a CD, he gets certain rights, including the right to resell it. Universal is mistaken if it thinks that it can trump these rights simply by putting a label on a CD," said Fred von Lohmann, EFF Senior Intellectual Property Attorney. "Universal is trying to unilaterally rewrite copyright law to the detriment of Augusto's legitimate business and the public. Unless this effort is blocked, it could jeopardize not only sales of used CDs, but also libraries, used bookstores, and businesses that rent movies and video games." In May, Universal filed a copyright infringement lawsuit against Augusto. Today, EFF filed papers with the federal court in Los Angeles answering Universal's claims and counter-suing the company for sending bogus "takedown notices" to eBay that resulted in the unwarranted suspension of Augusto's auctions. This is not the first instance of Universal and its affiliated companies abusing copyright law. Last month, EFF filed suit against Universal Music Publishing Group on behalf of a mom who had a home video yanked from YouTube because a snippet of a Prince song could be heard in the background. In May, UMG made baseless copyright complaints about a video podcast by political blogger Michelle Malkin. EFF has also fought other efforts to override the first sale doctrine, arguing in 2004 that Lexmark should not be permitted to use a "label license" to prohibit the resale of laser printer toner cartridges. For the answer and counterclaim: http://www.eff.org/legal/cases/umg_v_augusto/20070806_augusto_answer.pdf For more on this case: http://www.eff.org/legal/cases/umg_v_augusto/ For this release: http://www.eff.org/news/archives/2007_08.php#005393 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Senate Approves FOIA Reform Bill The day before adjourning for August recess, the Senate unanimously approved S.849, the OPEN Government Act, a bipartisan bill that is the first significant update to the Freedom of Information Act (FOIA) in more than a decade. When Congress is back in session, a conference will reconcile the differences between this bill and similar legislation passed by the House of Representatives in March. Revelations about the FBI's misuse of a key PATRIOT Act power and other privacy-invasive initiatives clearly demonstrate the importance of government transparency. This law will make it easier for EFF's FOIA Litigation for Accountable Government (FLAG) project and other FOIA requesters to keep the government accountable to the people. For the bill: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00849: For more on EFF's FOIA Litigation for Accountable Government (FLAG) Project: http://www.eff.org/flag/ For this post: http://www.eff.org/deeplinks/archives/005392.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Review Spotlights Widespread Vulnerabilities; California Decertifies Flawed Election Equipment The final reports of California's "Top to Bottom Review" of its voting systems are in, and the results aren't pretty. On Friday, the other shoe dropped. Secretary of State Debra Bowen, who as a candidate promised to radically overhaul California's election technology and related procedures, did just that. In a statement made literally at the 11th hour -- minutes before an impending statutory deadline expired -- Bowen announced that all of the voting equipment analyzed in the Top to Bottom Review would be prohibited from further use in the state unless dramatically improved security requirements were met. California's blistering review exposed a wide range of critical vulnerabilities and other design problems with previously approved equipment from vendors Diebold, Sequoia Systems and Hart InterCivic. These discoveries bolstered criticisms levied by EFF and others that the country's voting technology needs a massive overhaul if it is to earn the legitimate trust of the voting public. Get the highlights in EFF Staff Attorney Matt Zimmerman's analysis: http://www.eff.org/deeplinks/archives/005391.php Read the Source Code Reports: http://www.sos.ca.gov/elections/elections_vsr.htm For more about EFF's E-voting work: http://www.eff.org/Activism/E-voting/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Op-Ed Outrage in the Aftermath of "FISA Modernization" Op-ed pages and blogs around the country are bleeding with palpable outrage, as the country wakes up to exactly what happened when Congress radically expanded surveillance powers. Most are asking the same question: faced with this atrocious legislation, how could its many opponents shrink from the moment and let it pass? Dan Froomkin at the Washington Post has an excellent round- up of editorials and news reporting since the weekend. Check out our complete post for a few choice bits from opinion pieces around the Web: http://www.eff.org/deeplinks/archives/005394.php Read Washington Post reporter Dan Froomkin's article, "Who's Afraid of George W. Bush?": http://www.washingtonpost.com/wp-dyn/content/blog/2007/08/07/BL2007080700888.html : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Another Loss for Real ID The REAL ID Act took another blow in the Senate last week, hopefully putting legislators one step closer to ditching the national ID mandate. An amendment tacked onto the Department of Homeland Security Appropriations Bill would have given $300 million in federal funds to implement the Act. This measly sum would have done nothing to make up for the $23 billion burden states and taxpayers will be forced to bear. So far, 17 state legislatures have already expressed their opposition, and, just last month, an immigration reform bill was scuttled as Senators refused to end debate on a provision requiring every American to present a standardized national ID in order to get a job. That's great news, but unfortunately REAL ID isn't dead yet -- keep the momentum going and tell Congress to repeal the Act now: https://secure.eff.org/site/Advocacy?cmd=display&page=UserAction&id=275 Read the News.com article, "Senate rejects extra $300 million for Real ID": http://news.com.com/Senate+rejects+extra+300+million+for+Real+ID/2100-7348_3-6199220.html?tag=nefd.top To learn more about what's wrong with REAL ID, see EFF's issue page: http://www.eff.org/Privacy/ID/RealID/ For the ACLU's "Status of Anti-Real ID Legislation in the States": http://realnightmare.org/news/105/ For this post and related links: http://www.eff.org/deeplinks/archives/005384.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * CCIA Targets Bogus Copyright Warnings Copyright warnings -- like those "FBI Warnings" on DVDs, stickers on CDs, and warnings flashed during NFL broadcasts -- are becoming increasingly common. Trouble is, most of these warnings are blatantly misleading claiming that any and all unauthorized uses are forbidden by law. Of course, copyright has always allowed lots of unauthorized uses, including fair uses. They are also annoying, and in the case of DVDs, unskippable. Last Wednesday, the Computer & Communications Industry Association (CCIA) filed a complaint with the Federal Trade Commission (FTC), asking the Commission to take a number of major corporations to task for their misleading and intimidating copyright warnings. Targets include: the NFL, Major League Baseball, DreamWorks, Morgan Creek (producers of "The Good Shepherd"), and the book publishers, Harcourt and Penguin. CCIA's also started a petition that will be sent to the FTC -- sign it here: http://defendfairuse.org/take_action.html Read the CCIA complaint: http://defendfairuse.org/ftc_complaint.html For the full post: http://www.eff.org/deeplinks/archives/005385.php : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Virginia Movie Theater Throws the Book at Teenage Filmgoer Use a digital camera in a movie theater -- even for only a few seconds -- and you may be dragged from the theater, arrested, and charged with a serious criminal offense. That's what happened to Jhannet Sejas on her 19th birthday, when two police officers interrupted the showing of Transformers she was enjoying and placed her under arrest. Sejas says she had no intention of selling or distributing a pirated copy of the film. Her aim was simply to share a few seconds of the Transformers movie with her younger brother to get him excited about seeing the film. (Her camera had recorded a miniscule 20 seconds of the film when she was arrested.) Like any fan, Sejas was a paying customer who only wanted to share her enthusiasm. But apparently, the owners of the theater at Ballston Commons Mall in Virginia didn't see her that way. Read the full story here: http://www.eff.org/deeplinks/archives/005389.php Take action now to fight the Justice Department's copycrime proposal: http://action.eff.org/site/Advocacy?id=299 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Visit EFF at LinuxWorld Come visit EFF at this year's LinuxWorld in San Francisco, California. We'll be in the .org Pavilion, booth L.org 6 from Tuesday, August 7, through Thursday, August 9. Stop by and grab some great schwag: http://www.linuxworldexpo.com/live/12/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Thank You, DEFCON! Another huge thank you to the folks at DEFCON and everyone who participated last week in the dunk tank, parties, and other events that raised funds for EFF. Also, we'd like to extend a special thanks to Vegas 2.0 for continuing to support us with their annual pre-DEFCON fundraising bash. Every dollar goes to keeping up the fight for your digital rights, and, this year, we raised more funds than ever before. We look forward to seeing you all again at DEFCON 2008! For more info about DEFCON: http://www.defcon.org/ For more info about the Vegas 2.0 Summit: http://www.vegassummit.org/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Zimbabwe's New Spying Laws Mugabe grants his government the right to intercept phone, mail and Internet traffic. http://www.boingboing.net/2007/08/05/zimbabwe_mugabe_enac.html ~ House Panel Approves Legal Shield for Bloggers The Free Flow of Information Act would protect journalists and bloggers alike. http://news.com.com/2100-1028_3-6200188.html ~ Congress to Investigate Yahoo's Role in Chinese Rights Case What did Yahoo know about dissident Shi Tao when they handed information to the Chinese government? http://www.siliconvalley.com/portal/news/ci_6537733?nclick_check=1&_loopback=1 ~ File-sharing, a "Petty Offense" in Germany German prosecutors refuse to unmask alleged file-sharers. http://arstechnica.com/news.ars/post/20070802-file-sharing-is-a-petty-offense-say-german-prosecutors.html ~ UK Study of Downloading Habits More people are downloading music, and using social networking sites to discover new music. http://www.entertainmentmediaresearch.com/ADMINNews/templates/emr.asp?articleid=43&zoneid=1 ~ Don't Sell Imports, or We'll Sue! Universal threatens to sue retailers for selling an Amy Winehouse import. http://blog.wired.com/music/2007/08/universal-threa.html ~ "I Am the Real Fake Steve Jobs" The blogger behind "The Secret Diary of Steve Jobs" was revealed. http://www.nytimes.com/2007/08/06/technology/06steve.html?ex=1344052800&en=8ab7e0cf79cf8e96&ei=5090&partner=rssuserland&emc=rss : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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) http://www.eff.org/ Editor: Julie Lindner, Education Outreach Coordinator email@example.com Membership & donation queries: firstname.lastname@example.org General EFF, legal, policy, or online resources queries: email@example.com Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements & articles may be reproduced individually at will. Current and back issues of EFFector are available via the Web at: http://www.eff.org/effector/ Click here to change your email address: http://action.eff.org/addresschange This newsletter is printed on 100% recycled electrons.