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EFFector - Volume 22, Issue 31 - UK and Three Strikes: What Not to Do in an Election Year


EFFector - Volume 22, Issue 31 - UK and Three Strikes: What Not to Do in an Election Year

EFFector 22.31: "Hall of Shame" Calls Out Bogus Internet

EFFector Vol. 22, No. 31 October 29, 2009

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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In our 522nd issue:

* "Hall of Shame" Calls Out Bogus Internet Censorship

Websites like YouTube have ushered in a new era of creativity and free
speech on the Internet, but not everyone is celebrating. Some of the
web's most interesting content has been yanked from popular websites
with bogus copyright claims or other spurious legal threats. The
Electronic Frontier Foundation (EFF) has launched its "Takedown Hall
of Shame" to call attention to particularly bogus takedowns --
and showcase the amazing online videos and other creative works that
someone doesn't want you to see.

Hall of Shame:

For the full press release:

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EFF Updates

* UK and Three Strikes: What Not to Do in an Election Year

The arbitrary termination of Internet access for repeated accusations
of copyright infringement  "three strikes"  is as
profoundly unpopular in the UK as it is elsewhere. National experts
have generally come out against the idea, from government civil
servants who previously omitted it from a public consultation document
as too drastic, to the counter-intelligence MI5 unit, which apparently
fears it will encourage an encrypted and unpoliceable darknet, to many
of the artists it is supposed to protect. Net users are aghast at such
a disproportionate and ineffective scheme, and 70% of Britons came out
against it in a recent poll.

Nonetheless, UK Business secretary Peter Mandelson stated explicitly
that he intends to include three strikes in the upcoming digital
economy bill.

* Prepaid Providers Seek to Put Locks on Your Phone and Their Hands in
Your Pocket

As the deadline nears for a decision from the Copyright Office on
EFF's request for a renewal of the 2006 exemption from DMCA
liability for handset unlocking, prepaid phone companies have opened a
new front in the war on consumer choice with a bill called the
Wireless Prepaid Access Device Enforcement Act of 2009. If passed,
this legislation would make it a crime to purchase or
"handle" a prepaid handset for the purpose of modifying
the software that ties it to the network, or to sell the handset
outside of the United States.

* EFF Urges Court to Ensure Fairness in Google Book Search Amendment

EFF has led a coalition of authors, publishers, companies and
nonprofit organizations in sending a letter to the judge overseeing
the Google Book Search settlement requesting adequate notice of, and
sufficient time to study and comment on, any amended settlement
agreement that Google, the Authors Guild, and the Association of
American Publishers present.

The original Fairness Hearing scheduled for October 7, 2009, was put
off because of what the Court called "significant issues, as
demonstrated not only by the number of objections, but also by the
fact that the objectors include countries, states, non-profit
organizations, and prominent authors and law professors."

The letter:

The full Deep Link:

* Ninth Circuit Grants Stay in EFF Case Seeking Telecom Lobbying

The Ninth Circuit postposed a court-ordered deadline for the Office of
the Director of National Intelligence and the Department of Justice to
turn over documents concerning a legislative push to give telecom
carriers legal immunity for their participation in the government's
warrantless surveillance program. The order comes after three
unsuccessful attempts by the government to delay disclosure of the
documents under the Freedom of Information Act (FOIA) pending the
Solicitor General's decision on whether or not to appeal.

* Cook County Sheriff Loses Craigslist "Erotic Services"
Ads Case

A federal court tossed out a lawsuit against craigslist over erotic
advertisements. In March, Cook County Sheriff Thomas Dart alleged that
craigslist was liable for the illegal ads posted by its users in its
"erotic services" (now "adult services")
category. As craigslist argued in its motion for judgement on the
pleading, and as EFF and others pointed out at the time, Dart's
complaint had virtually no chance of success because Section 230 of
the Communications Decency Act plainly immunized Internet
intermediaries like craigslist from civil liability for material
posted by third parties.

* Is Net Neutrality an FCC Trojan Horse?

Federal Communications Commission (FCC) Chairman Julius Genachowski
has unveiled draft rules aimed at imposing network neutrality
obligations on Internet Service Providers (ISPs). In the excitement
surrounding the announcement, however, many have overlooked the fact
that this rulemaking is built on a shoddy and dangerous foundation
the idea that the FCC has unlimited authority to regulate the

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~ CIA Invests in Social Network Monitoring
Watch what you tweet! Intelligence agencies are investing in new tech
to monitor and archive public activity on blogs and social networks.

~ NYT Op-Ed: A Win For Free Speech
The Times Editorial Board on why the Craigslist win in federal court

~ Resisting Corporate Bullying on the Net
EFF Fellow Cory Doctorow on how and why to stand up to bogus DMCA
takedowns and other forms of censorship.

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* Visit EFF at LISA '09 in Baltimore!

Stop by the EFF booth at the 23rd Large Installation System
Administration Conference in Baltimore, MD! The conference begins on
11/1, and the EFF booth will be open on Wednesday, 11/4, and Thursday,

Be sure to check out special conference registration discounts:

Baltimore Marriott Waterfront
Grand Ballroom Salons VIX
700 Aliceanna Street
Baltimore, MD 21202

Exhibit Hall Hours:
Wednesday, November 4: 12-7 PM
Thursday, November 5: 10-2 PM

For More Information:

* Vote for EFF on Credo's 2009 Donations Ballot

Each year, the progressive phone service provider Credo polls its
members to figure out how to distribute donation funds to various
non-profits.  The size of the donation is proportional to how many
the organization gets, so every vote for EFF counts! If you've taken
Credo action alert, or if you're a Credo mobile, Credo long distance,
or Working Assets credit card customer, then supporting EFF is easy
simply log in and vote for the Electronic Frontier Foundation now:

* "The Future of DVD" Happy Hour/Panel, Monday November 9 at 5:30 pm

Mark your calendars for a panel discussion on the future of DVD on
Monday, November 9, at 5:30  p.m. at Varnish Gallery in San
Francisco. Panelists include Kaleidescape CEO Michael Malcolm
and Real Networks Vice President and General Counsel Bill Way.
The panel will be moderated by EFF Senior Staff Attorney Fred von

Come enjoy a hosted bar and learn about Hollywood's ongoing attack
on consumer rights!

Varnish is located in SoMa at 77 Natoma St. in San Francisco. For more
information, or
to RSVP, please email

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EFFector is published by:
The Electronic Frontier Foundation

Eva Galperin, Referral Coordinator

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