EFFector Vol. 20, No. 44 November 7, 2007 email@example.com A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 448th Issue of EFFector:
- AT&T Whistleblower Urges Senate to Reject Blanket Immunity for Telecoms
- Why DRM on Video Will Persist: DVD-CCA Targets Kaleidescape (Again)
- Oregon Fights Back Against RIAA Subpoena
- Fair Use Principles for "UGC"
- Right-wing Bloggers and MoveOn Unite on Fair Use of Debate Footage
- Nominate a Pioneer for EFF's 2008 Pioneer Awards!
- EFF Members Save on No Starch Press Books
- miniLinks (6): NSA Sought Data Before 9/11
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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * AT&T Whistleblower Urges Senate to Reject Blanket Immunity for Telecoms Earlier today, telecommunications technician and AT&T whistleblower Mark Klein explained at a press conference on Capitol Hill why he is asking lawmakers to reject immunity for telecoms that assisted the Bush administration's spying on millions of Americans. Klein is visiting Washington this week, just as the Senate Judiciary Committee considers legislation granting telecom immunity, despite outrage from activists, editorial boards, and civil liberties groups across the nation. Telecom immunity is a blatant attempt to derail dozens of lawsuits accusing the telecoms of violating customers' rights by illegally assisting the National Security Agency (NSA) with domestic surveillance. Klein witnessed first-hand the technology AT&T built to assist the government's domestic warrantless wiretapping program at AT&T's main switching facility in San Francisco. As part of his job at AT&T, Klein connected high-speed fiber optic cables to sophisticated equipment that intercepted communications from AT&T customers and then copied and routed every single voice conversation and data transmission to a room controlled by the NSA. Klein has provided evidence for EFF's class-action lawsuit against AT&T for its role in the illegal spying. "My job required me to enable the physical connections between AT&T customers' Internet communications and the NSA's illegal, wholesale copying machine for domestic emails, Internet phone conversations, web surfing and all other Internet traffic. I have first-hand knowledge of the clandestine collaboration between one giant telecommunications company, AT&T, and the National Security Agency to facilitate the most comprehensive illegal domestic spying program in history," said Klein. Also speaking at the event Wednesday was network systems and infrastructure expert Brian Reid, who explained how the infrastructure that Mr. Klein helped install likely fits into and facilitates the massive warrantless surveillance program. Interviews with both Klein and Reid were featured in a PBS Frontline documentary called "Spying on the Home Front" that covered the NSA domestic spying program, among other surveillance efforts initiated by the government. For more on EFF's case against AT&T: http://www.eff.org/cases/att To stream the Frontline documentary, "Spying on the Homefront," for free and without DRM: http://www.pbs.org/wgbh/pages/frontline/homefront/view/ For this release: http://www.eff.org/press/archives/2007/11/05 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Why DRM on Video Will Persist: DVD-CCA Targets Kaleidescape (Again) As we've said before, DRM is not about preventing piracy, it's about giving entertainment companies control over disruptive innovation. What follows is the latest example of this principle. Kaleidescape allows you to make digital copies of your DVDs and music to store on a home server for personal use. Kaleidescape played by the rules, obtaining a DVD-CCA license to use the CSS. Fearing the existence of digital copies of content, DVD-CCA sued them, but lost. Now, three major movie companies are pushing an amendment to change the CSS license in a way that puts Kaleidescape out of business. CSS has been broken for years, yet movie studios continue to use it on every commercial DVD release. Why? Because by using CSS, the movie studios, acting through DVD-CCA, can force technology companies to sign a license agreement before they build anything that can decrypt a DVD movie. This gives the movie studios unprecedented power to influence the pace and nature of innovation in the world of DVDs. Any new feature must first pass muster in a 3-way "inter-industry" negotiation, which includes movie studios, incumbent consumer electronic companies, and big computer companies. In other words, innovators seeking a license must get permission from adversaries and competitors before innovating. If these had been the rules in the past, there would never have been a Betamax or an iPod. That's the lesson of DRM: it doesn't matter whether DRM is effective at stopping unauthorized copying, so long as it gives the entertainment industry the ability to veto disruptive innovation in the mainstream marketplace. That's why we're likely to be stuck with DRM on movies for some time to come, whether or not their DRM systems are broken. Read Kaleidescape's letter to the DVD-CCA: http://www.kaleidescape.com/files/legal/Kaleidescape-DVDCCA-Letter-20071101.pdf For EFF Senior Staff Attorney Fred von Lohmann's complete post: http://www.eff.org/deeplinks/2007/11/why-drm-video-will-persist-dvd-cca-targets-kaleidescape-again : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Oregon Fights Back Against RIAA Subpoena The Recording Industry v. The People blog reports that the University of Oregon has gone to court to fight a recording industry subpoena seeking the identities of 17 students. Oregon is not the first university to resist a boilerplate subpoena that targets students for lawsuits for file-sharing, but they are among the few that have put up a fight in court. One argument in the university's brief calls upon a section of the DMCA covering subpoenas, and could change the nature of the RIAA's litigation campaign, if accepted by the court. The recording industry's strategy currently relies on pressuring universities into handing over student targets, either by having the university deliver "pre-litigation settlement letters" to students or, failing that, forcing universities to respond to subpoenas obtained after filing a "John Doe" lawsuit. If these avenues are blocked, the recording industry would have to undertake its own investigatory efforts to determine who to sue. Whether the university wins or loses its effort, it's nice to see it standing up on behalf of its students, rather than simply giving in to recording industry demands. For the Recording Industry v. The People's blog post on the University of Oregon opposition to RIAA suits: http://recordingindustryvspeople.blogspot.com/2007/11/oregon-attorney-general-says-no-to-riaa.html For the EFF report "RIAA v. The People: Four Years Later": http://www.eff.org/IP/P2P/riaa-v-thepeople.php For this post: http://www.eff.org/deeplinks/2007/11/oregon-fights-back-against-riaa-subpoena : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Fair Use Principles for "UGC" Last week, EFF and other public interest groups devoted to protecting free speech and fair use issued a document entitled "Fair Use Principles for User Generated Video Content," a document addressing media companies and video hosting providers that are negotiating over new mechanisms to address copyright infringement while protecting fair use. The "Fair Use Principles" document describes a set of concrete steps that service providers and content owners should take to protect the "remix culture" that has been a foundation for sites like YouTube. Accompanying the document is a "test suite" of sample videos that EFF believes should not be blocked by automated copyright filters, but may nevertheless be in jeopardy based on their use of excerpts from copyrighted material. For the EFF document "Fair Use Principles for User Generated Video Content": http://www.eff.org/issues/ip-and-free-speech/fair-use-principles-usergen For the "test suite" of sample "fair use" videos: http://www.eff.org/pages/UGC-test-suite For this complete post: http://www.eff.org/deeplinks/2007/10/fair-use-principles-ugc : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Right-wing Bloggers and MoveOn Unite on Fair Use of Debate Footage Last week, an alliance of right-wing bloggers joined the progressive public policy organization MoveOn in opposing the Fox News Channel for sending cease and desist letters to Republican presidential candidates that used Fox News clips in their TV ads. The barrage of cease and desist letters came after Fox individually targeted the campaign of presidential candidate John McCain for running an ad with a Fox News clip of a recent Republican debate. According to the New York Times, "lawyers for Mr. McCain say they are within their 'fair use' rights to use the clip of their candidate talking for 19 seconds of a 90-minute debate." An attorney for Mitt Romney's campaign, which also used debate footage in political ads, responded similarly, defending the use of debate footage as protected political speech. We're glad to see candidates resisting media efforts to control their free speech rights, as the reuse of short video clips from a previously televised debate strikes us as plainly protected by fair use. Earlier this year, a group including many of the same political bloggers and organizations liberated presidential debate footage for sharing, blogging, and reposting to sites like YouTube from CNN, ABC and NBC. Fox is notably absent from that list, and with this latest round of cease and desist letters, has firmly planted itself in opposition to politically active communities seeking the freedom to share candidates' messages. For the ad making fair use of the Fox News clip: http://www.youtube.com/watch?v=SXTRuG9QwzM For this post: http://www.eff.org/deeplinks/2007/11/right-wing-bloggers-and-moveon-unite-fair-use-debate-footage : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Nominate a Pioneer for EFF's 2008 Pioneer Awards! EFF established the Pioneer Awards to recognize leaders on the electronic frontier who are extending freedom and innovation in the realm of information technology. This is your opportunity to nominate a deserving individual or group to receive a Pioneer Award for 2008. The International Pioneer Awards nominations are open both to individuals and organizations from any country. Nominations are reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology. How to Nominate Someone for a 2008 Pioneer Award: You may send as many nominations as you wish, but please use one email per nomination. Please submit your entries via email to firstname.lastname@example.org. We will accept nominations until January 1, 2008. Simply tell us: 1. The name of the nominee, 2. The phone number or email address or website by which the nominee can be reached, and, most importantly, 3. Why you feel the nominee deserves the award. Nominee Criteria: There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply: 1. The nominees must have contributed substantially to the health, growth, accessibility, or freedom of computer-based communications. 2. To be valid, all nominations must contain your reason, however brief, for nominating the individual or organization and a means of contacting the nominee. In addition, while anonymous nominations will be accepted, ideally we'd like to contact the nominating parties in case we need further information. 3. The contribution may be technical, social, economic, or cultural. 4. Nominations may be of individuals, systems, or organizations in the private or public sectors. 5. Nominations are open to all (other than current members of EFF's staff and operating board or this year's award judges), and you may nominate more than one recipient. You may also nominate yourself or your organization. 6. Persons or representatives of organizations receiving an EFF Pioneer Award will be invited to attend the ceremony at EFF's expense. More on the EFF Pioneer Awards: http://www.eff.org/awards/pioneer/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Members Save on No Starch Press Books Did you know that EFF members get a discount on No Starch Press books? Founded in 1994, No Starch Press publishes unique books on technology, with a focus on open source, security, hacking, programming, alternative operating systems, and LEGO. No Starch Press has supported EFF for a number of years. For certain books sold on its site, including Andrew "bunnie" Huang's "Hacking the Xbox," No Starch Press donates a percentage of the purchase price to EFF. If you're an EFF member and you're buying a book from No Starch Press, send an email to email@example.com to get the discount voucher code. For the No Starch Press site: http://nostarch.com/ For a list of No Starch Press books that give back to EFF: http://nostarch.com/eff.htm : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ NSA Sought Data Before 9/11 A National Journal article provides the details on Qwest's history with the NSA. http://www.shaneharris.net/2007/11/nsa-sought-data-before-911.html ~ A Response to Rockefeller on Immunity Salon blogger Glenn Greenwald dissects the senator's New York Times op-ed. http://www.salon.com/opinion/greenwald/2007/10/31/rockefeller/index.html ~ A Response to Ashcroft on Immunity Huffington Post blogger John Seery responds to former attorney General John Ashcroft's New York Times op-ed. http://www.huffingtonpost.com/john-seery/ashcrofts-argument-for-t_b_71223.html ~ Congressman Defends Fair Use Congressman Mike Doyle says the mashup artist Girl Talk deserves to be heard. http://www.house.gov/doyle/newsrel/071029.htm ~ Nine Inch Nails Frontman Admits to File-Sharing Trent Reznor says fans share music files because the legitimate services don't give them what they want -- a large selection without DRM. http://torrentfreak.com/nine-inch-nails-frontman-was-a-member-of-oink-071031/ ~ DMCA Safe Harbors and Viacom v. YouTube EFF Staff Attorney Fred von Lohmann and a panel of legal experts discuss the DMCA's "safe harbors" for online service providers and the Viacom v. YouTube litigation. http://fora.tv/2007/10/23/Viacom_versus_YouTube_Google_Case : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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: Richard Esguerra, EFF Activist firstname.lastname@example.org Membership & donation queries: email@example.com General EFF, legal, policy, or online resources queries: firstname.lastname@example.org 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. 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