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EFFector - Volume 21, Issue 20 - Action Alert: The Sham Telecom Immunity “Compromise” Is Lurking In the Wings

EFFector Vol. 21, No. 20  June 18, 2008  editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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In our 473rd issue:

* ACTION ALERT: THE SHAM TELECOM IMMUNITY "COMPROMISE" IS
LURKING IN THE WINGS, awaiting the signal for showtime.
Though some members of Congress are guilty of selling the
bill's telecom immunity provision as a "compromise," there
is still time to expose the telecom immunity proposal as a
sham and to halt the bill before its too late. Already,
some Congressional leaders have expressed concerns, and
other influential members have expressed resistance to the
scheme. Please join in and make your voice heard to all the
members of Congress -- no false compromises for lawbreaking
telecoms!
http://www.eff.org/action/no-false-compromises

* EFF VICTORY UPHOLDS "FIRST SALE" RIGHTS IN PROMO CD CASE!
Last week, a federal judge affirmed an eBay seller's right
to resell promo CDs bought from secondhand stores, striking
down bogus copyright infringement allegations from
Universal Music Group. Even though the promo CDs were
stamped with licenses attempting to restrict resale, the
eBay seller's behavior was protected by the "first sale"
doctrine, which says that once the copyright owner sells or
gives away a copy of a CD, DVD, or book, the recipient is
entitled to resell that copy without seeking permission --
a principle that libraries, used bookstores, and rental
businesses are built upon. This ruling is a resounding
victory, not only for the first sale doctrine, but for the
media-purchasing public at large.
http://www.eff.org/deeplinks/2008/06/liberation-day-promo-cds-victory-umg-v-augusto

* EFF ASKED A COURT TO CURTAIL SUSPICIONLESS BORDER
SEARCHES LAST WEEK alongside the Association of Corporate
Travel Executives (ACTE), filing a key amicus brief as part
of an ongoing effort to protect digital privacy at the
border. In the amicus brief, EFF and ACTE asked the full
9th U.S. Circuit Court of Appeals to rehear and reverse a
decision that upheld blanket search and seizure power for
border officials. Classic privacy analogies -- critical to
expectation of privacy assessments -- are often
incompatible with new technology and the way individuals
and businesses make use of them. The courts need to
recognize a standard that protects the privacy of Americans
in the Information Age.
http://www.eff.org/press/archives/2008/06/12

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EFF Updates

* Check out our Deeplinks blog to see lots of analysis of
the new FISA "compromise":

HOWTO: Analyze Immunity Provisions in FISA Legislation
EFF presents a crystal-clear litmus test applicable to any
FISA legislation: "Will the court be able rule on whether
the telecoms broke the law?"
http://www.eff.org/deeplinks/2008/06/howto-analyze-immunity-provisions-fisa-legislation

Report: Deal to Stop Courts From Ruling on Illegal
Warrantless Wiretaps Imminent
EFF Senior Staff Attorney Kurt Opsahl delivers an update on
the status of telecom immunity in FISA and why it matters.
http://www.eff.org/deeplinks/2008/06/report-deal-stop-courts-ruling-illegal-warrantless

Senators Dodd and Feingold Criticize Bond's False FISA
"Compromise"
The senators' letter to House and Senate leadership exposes
the false "compromise" and argues for a better bill.
http://www.eff.org/deeplinks/2008/06/senators-dodd-and-feingold-criticize-bonds-false-f

Debunking Republican Spin on Fake Telecom Immunity
"Compromise"
EFF Activism & Technology Manager Tim Jones unspins the
empty telecom immunity compromise rhetoric.
http://www.eff.org/deeplinks/2008/06/debunking-republican-spin

What Will Happen to Surveillance in August 2008
Using fear to justify expanses to spying laws is a familiar
tactic -- EFF demonstrates that there are very few reasons
to rush.
http://www.eff.org/deeplinks/2008/06/what-will-happen-surveillance-august-2008

Three Media Mistakes on Warrantless Wiretapping
Here are three erroneous statements about warrantless
wiretapping and surveillance legislation, and the cold,
hard facts that should supercede them.
http://www.eff.org/deeplinks/2008/06/three-media-mistakes

* Anonymity Preserved for Creator of MySpace 'Spoof'
Profiles
The president of a Chicago suburb has dropped his attempt
to obtain the identity of an anonymous MySpace user after
EFF filed an amicus brief detailing how the petition
violated both the First Amendment and a federal statute
that protects the privacy of online users.
http://www.eff.org/press/archives/2008/06/13

* Biting the Hand that Feeds (Traffic to) Them
The AP plays the copyright card on likely fair uses of its
content.
http://www.eff.org/deeplinks/2008/06/biting-hand-feeds-traffic-them

* The Patent Office Can't Do It All Alone: Public
Participation Is Key to Ensuring Patent Quality
EFF is releasing a report featuring at least three ways to
work toward improving patent quality, including through
reexamination.
http://www.eff.org/deeplinks/2008/06/patent-office-cant-do-it-all-alone

* Sweden and the Borders of the Surveillance State
The proposed data-mining of people's communications in
Sweden (sound familiar?) is facing massive resistance,
especially given the EU's emphasis on privacy.
http://www.eff.org/deeplinks/2008/06/sweden-and-borders-surveillance-state

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miniLinks

~ Selectable Output Control (SOC) for Video Content: It's
All About Control
Jon Healy explains that the MPAA's petition to the FCC is
really about gaining control over the next generation of
video technology.
http://opinion.latimes.com/bitplayer/2008/06/more-on-movies.html

~ Counter Spy Act -- Pro-Privacy or Anti-Piracy?
A new bill in the Senate is designed to fight spyware --
but Ed Foster says it provides a loophole for software
makers who would like the ability to remotely disable
software that is suspected of being pirated.
http://www.gripe2ed.com/scoop/story/2008/6/16/1219/71034

~ Google to Develop ISP Throttling Detector
The Internet giant wants to provide users with tools to
detect whether ISP service is being tampered with.
http://www.hothardware.com/News/Google_To_Develop_ISP_Throttling_Detector/

~ alt.toast
Verizon has confirmed that it is shutting down some Usenet
discussion areas, including the popular alt.* groups.
http://news.cnet.com/8301-13578_3-9967119-38.html

For more miniLinks:
http://www.eff.org/deeplinks/2008/06/minilinks-2008-06-18

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Announcements

* Music Benefit for EFF tonight in San Francisco!
http://www.eff.org/calendar/2008/06/18/sf-wiretap-music-benefit-eff

* EFF at Personal Democracy Forum 2008
Visit EFF at Personal Democracy Forum 2008 in New York City
on June 23-24, 2008.
http://www.eff.org/calendar/2008/06/23/eff-personal-democracy-forum-2008

* EFF at Velocity
Velocity is the new O'Reilly conference for people building
at Internet scale, taking place on June 23-24, 2008, at the
San Francisco Airport Marriott in Burlingame, California.
http://www.eff.org/calendar/2008/06/23/eff-velocity-2008

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Administrivia

EFFector is published by:
The Electronic Frontier Foundation
 http://www.eff.org/about

Editor:
Richard Esguerra, EFF Activist
 richard@eff.org

Membership & donation queries:
 membership@eff.org

General EFF, legal, policy, or online resources queries:
 information@eff.org

Back issues of EFFector are available at:
 http://www.eff.org/effector/
 
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