EFFector Vol. 20, No. 45 November 13, 2007 email@example.com A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 449th Issue of EFFector:
- Campus Copyright Mandates Threaten Financial Aid Funds and Campus Networks
- Mr. Klein Goes to Washington: Press Roundup
- EFF Supports Consumers' Right To Repair, Resell Patented Goods
- EFF Partners in Launch of Collaborative Government Document Database at Governmentdocs.org
- You're Invited! BayFF with Jonathan Zittrain: "The Future of the Internet -- And How To Stop It"
- Nominate a Pioneer for EFF's 2008 Pioneer Awards!
- miniLinks (8): Intelligence Official: Get Used to Having Less Privacy
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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Campus Copyright Mandates Threaten Financial Aid Funds and Campus Networks The U.S. House of Representatives' latest higher education bill includes nasty requirements for "Campus-Based Digital Theft Prevention," mandating that schools plan to provide legal downloading alternatives and that campuses consider policing copyrights on their networks. Campuses that fail to comply stand to lose massive amounts of federal financial aid funds that go to straight to students. The bill, H.R. 4137, will be marked up by the House Committee on Education and Labor early Wednesday, November 13. The first requirement -- that schools offer legal downloading alternatives -- could wind up requiring students to pay for services whether they use them or not. The second requirement -- that schools must explore technology-based deterrents to infringement -- basically translates into network filtering or network surveillance, which opens the door for infringement on students' fair use and privacy rights. Finally, the potential penalties are extremely disproportionate. Campuses that "fail to prevent illegal file sharing" are subject to lose all federal financial aid funding -- money that helps countless students get through school. Several organizations, including EFF, are running grassroots campaigns to stop this mandate from being included in the final bill. For EFF's action alert opposing this threat to students: http://action.eff.org/site/Advocacy?id=331 For News.com's reporting on these campus copyright requirements: http://www.news.com/Democrats-Colleges-must-police-copyright%2C-or-else/2100-1028_3-6217943.html For this complete post: http://www.eff.org/deeplinks/2007/11/campus-copyright-mandates-threaten-financial-aid-funds-and-campus-networks : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Mr Klein Goes to Washington: Press Roundup Last week, AT&T whistleblower Mark Klein went to Washington, D.C., to ask lawmakers to reject immunity for telecoms that assisted with the Bush administration's warrantless spying program. Mr. Klein's story received a lot of attention, as his first-hand experiences at AT&T deliver a concrete picture of dragnet spying in contrast to empty, pro-immunity rhetoric being delivered by high-powered telecom lobbyists, Bush administration officials, and the administration's allies in Congress and elsewhere. For Klein's interview with MSNBC's Keith Olbermann: http://video.msn.com/video.aspx?mkt=en-US&brand=msnbc&vid=297abdd5-d0dc-4617-a6c9-c482fa316b59 For Klein's interview with NPR's Robert Siegel on All Things Considered: http://www.npr.org/templates/story/story.php?storyId=16088947 For Klein's appearance on C-SPAN's Washington Journal: http://video.c-span.org/15days/wj110807_klein.rm For Klein's interview with blogger Spencer Ackerman: http://www.tpmmuckraker.com/archives/004662.php For the Washington Post's coverage of Klein's visit to D.C.: http://www.washingtonpost.com/wp-dyn/content/article/2007/11/07/AR2007110700006.html For this complete post: http://www.eff.org/deeplinks/2007/11/mr-klein-goes-washington-press-roundup : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Supports Consumers' Right To Repair, Resell Patented Goods Urges Supreme Court to Crack Down on Post-Sale Restrictions San Francisco - The Electronic Frontier Foundation (EFF) today urged the U.S. Supreme Court to protect consumers' traditional right to use, repair, and resell the products they own, even if those products are patented. At stake is the enforceability of "single use" and "not for resale" labels on patented products. The amicus brief -- submitted on behalf of EFF, Consumers Union, and Public Knowledge -- was filed in Quanta v. LG Electronics, currently pending before the Supreme Court. The case will test the vitality of the "patent exhaustion" doctrine, which entitles a consumer to use, repair, or resell patented products that they have purchased. The issue is of increasing importance to consumers, who often face "single use only" and "not for resale" labels on patented products, interfering with legitimate aftermarkets for parts and service. Lexmark, for example, has used "single use only" labels to limit the market for refilled toner cartridges. Similarly, "not for resale" labels could interfere with used and refurbished product sales on eBay and Craigslist. EFF's brief urges the Supreme Court to prohibit patent owners from using patent infringement suits to enforce these kinds of post-sale use restrictions on the products they sell. "Patent owners are trying to use 'label licenses' to deprive consumers of their right to use, repair and resell the products they own," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "It's time for the Supreme Court to step in and put a stop to it." The case is No. 06-937. The Solicitor General, Hewlett-Packard, Dell, and Gateway all urged the Supreme Court to review the case, and oral argument is expected in early 2008. For the full amicus brief: http://www.eff.org/files/filenode/quanta_v_lg/quanta_amicus.pdf For this release: http://www.eff.org/press/archives/2007/11/13 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * EFF Partners in Launch of Collaborative Government Document Database at Governmentdocs.org EFF has partnered with a coalition of government watchdog groups in launching governmentdocs.org, a site that consolidates government documents produced by Freedom of Information Act (FOIA) requests from various organizations. The FOIA is a law that forces the federal government to disclose documents detailing its activities when asked. Often, organizations making FOIA requests seek to hold the government accountable for abuse, corruption, and unfulfilled promises to citizens. Governmentdocs.org allows visitors to search a database of government documents uncovered by watchdog groups, facilitating broad citizen review of critical records of government activity. In addition, registered users of the site can comment on documents, bringing their own insight and expertise to the table. EFF has a tradition of posting searchable PDFs of government documents for anyone to review, and we remain committed to broadening open government efforts by sharing our findings with other organizations through governmentdocs.org. Documents obtained by EFF through our FOIA requests will continue to be posted at the EFF website, in addition to the new collaborative site. For this post: http://www.eff.org/deeplinks/2007/11/eff-partners-launch-collaborative-government-document-database-governmentdocs-org : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * You're Invited! BayFF with Jonathan Zittrain: "The Future of the Internet -- And How To Stop It" WHEN: Wednesday, November 28th, 2007 7:30 p.m. WHAT: Jonathan Zittrain speaks on "The Future of the Internet -- And How To Stop It: The Internet is primed for a meltdown - and the most obvious cures are just as bad." WHO: Jonathan Zittrain is one of the world's foremost scholars of technology law and technology policy. He holds the Chair in Internet Governance and Regulation at Oxford University and is a principal of the Oxford Internet Institute. His research interests include battles for control of digital property and content, cryptography, electronic privacy, the roles of intermediaries within Internet architecture, and the useful and unobtrusive deployment of technology in education. He co-founded the Berkman Center for Internet & Society at Harvard Law School, as well as the OpenNet Initiative, which tracks Internet filtering worldwide. WHERE: CNET Networks Inc. 235 2nd Street San Francisco, CA 94105 RSVP to: firstname.lastname@example.org This event is free and open to the general public. CNET Networks is accessible via BART. Get off at the Montgomery station and use the exit marked 2nd and Market. Walk south on 2nd Street until you reach the CNET building. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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 email@example.com. 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/ : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Intelligence Official: Get Used to Having Less Privacy Donald Kerr says anonymity is "quickly becoming a thing of the past." http://www.washingtonpost.com/wp-dyn/content/article/2007/11/11/AR2007111100289.html ~ Ashcroft Avoids Caller ID When the former AG demanded immunity for telecoms, he forgot to mention that they are clients of his. http://www.newsweek.com/id/67943 ~ How Do You Fix Intrusive Surveillance Cameras? Can camera networks be designed to protect privacy? http://www.newswireless.net/index.cfm/article/3653 ~ Hushmail Can Still Be Snoopmail A criminal investigation obtained access to a user of the crypto-friendly service. http://arstechnica.com/news.ars/post/20071108-secure-hushmail-can-still-talk-to-the-feds.html ~ Six Steps to Digital Copyright Sanity Gigi Sohn's speech on fixing copyright to match modern technology. http://www.publicknowledge.org/node/1244 ~ Blogger Threatened Over Avis Logo Car rental company tries harder to override fair use online. http://www.out-law.com//default.aspx?page=8624 ~ EMI Sues Founder of MP3Tunes The music industry giant EMI is suing Michael Robertson for copyright infringement. http://www.news.com/2100-1030_3-6217961.html ~ E-Voting Machines Get It Exactly Wrong Voting machines swapped the votes for two candidates in Lawrence County, Ohio. http://blog.wired.com/27bstroke6/2007/11/votes-flipped-i.html : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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. 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