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EFFector - Volume 23, Issue 17 - Thousands Of ISP Subscribers Targeted In Mass Copyright Infringement Lawsuits Will Have A Better Shot At Defending Themselves

EFFector 23.17: Judge Orders User-Friendly Notices for John Does
Targeted by USCG Dragnet

EFFector Vol. 23, No. 17  July 1, 2010  editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

effector: n, Computer Sci. A device for producing a
desired change.

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In our 539th issue:
*THOUSANDS OF ISP SUBSCRIBERS TARGETED IN MASS COPYRIGHT INFRINGEMENT
LAWSUITS WILL HAVE A BETTER SHOT AT DEFENDING THEMSELVES after a
federal judge held on Wednesday that they needed to be notified that
their information was being released by their ISPs and informed of
their legal options, such as the option to challenge jurisdiction. The
judge ordered lawyers from the U.S. Copyright Group (USCG) to work
with Time Warner Cable (TWC), EFF, the ACLU and Public Citizen to
draft a notice for ISPs to send to subscribers when their information
is being subpoenaed.

For more information about Wednesday's hearing in DC:
https://www.eff.org/deeplinks/2010/06/judge-orders-user-friendly-notices-does-targeted

*Last week, a federal judge rejected the efforts of Viacom and other
copyright owners to hold YouTube responsible for infringing material
uploaded by a tiny minority of YouTube users. EFF and a coalition of
public interest and industry groups had filed an amicus brief
supporting YouTube in the case. The ruling is the latest in a series
of court rulings upholding the Digital Millennium Copyright Act (DMCA)
safe harbors against persistent attacks by the entertainment
industry.

For more information about the case:
https://www.eff.org/deeplinks/2010/06/youtube-wins-summary-judgment-viacom-dmca

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EFF Updates

* EU Action Alert: Urge Your MEP to Take a Stand for the Internet
Written Declaration 12 asks EU negotiators to ensure that ACTA
respects European citizens' fundamental rights to freedom of
expression and privacy - and opposes provisions that would encourage
Internet intermediaries to engage in surveillance or filtering of all
Internet users' communications for potential copyright-infringing
material. If 369 members of the European Parliament sign this
declaration before July 8, it will become the official opinion of the
European Parliament and send a strong message to the EU ACTA
negotiators. Approximagely 253 MEPs have signed so far, but 116 MEP
signatures are still needed - particularly from MEPs in Germany,
the U.K., Italy and Poland.
https://www.eff.org/action/eu-action-alert-urge-your-mep-take-stand-internet-acta

* Bilski v. Kappos: The Supreme Court Declines to Prohibit Business
Method Patents
Ending months of anticipation, this week the U.S. Supreme Court
finally issued a ruling in a business method patent case that, many
hoped, would have the Court sharply limit, or at least offer clear
guidance on, how business method patents are to be judged in the
future. Unfortunately, the Court did neither one.
https://www.eff.org/deeplinks/2010/06/bilski-v-kappos-supreme-court-declines-prohibit

* Another Bad Week for Free Expression on the Internet
Afghanistan joined Pakistan and Turkey in shutting down key parts of
the Internet.
https://www.eff.org/deeplinks/2010/06/another-bad-week-free-expression-internet

* Henley v. DeVore: Second Class Citizenship for Satire?
Two political advertisements featuring the songs "The Hope of
November" and "All She Wants to Do Is Tax" were core political speech,
the most protected form of speech under the First Amendment. Yet the
court blocked them, relying on copyright law. What happened?
https://www.eff.org/deeplinks/2010/06/henley-v-devore-second-class-citizenship-satire

* Apple, Give Us a "Freedom of Choice" Button
Just as you get to choose whatever after-market modification you want
to make to your car, whatever disk drive you want to add to your
mainframe, and whatever third party add-on you want for your software,
you should be able to choose the apps and hardware you want for your
iPhone. You should be able to choose your network provider. And you
should be able to leave the walled garden and continue to use your
device after you've moved on.  This is about end-user choice, and
Apple doesn't seem to believe you deserve any.
https://www.eff.org/deeplinks/2010/06/eff-nothing-new-about-iphones-closed-platform

* IPEC Releases "Strategic Plan on Intellectual Property Enforcement"
The Obama Administration's Intellectual Property Enforcement
Coordinator (IPEC) has released the "Joint Strategic Plan on
Intellectual Property Enforcement" with 33 enforcement action items
including THE one to watch: a 120-day "comprehensive review of
existing intellectual property laws to determine needed legislative
changes."
https://www.eff.org/deeplinks/2010/06/ipec-releases-strategic-plan-intellectual-property

* It's Your Data, It's Your Bot: It's Not a Crime
Can public websites decide who is and is not a criminal through their
terms of service? An amicus brief EFF files in Facebook v. Power
Ventures argues no.
https://www.eff.org/deeplinks/2010/06/its-your-data-its-your-bot-its-not-crime

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miniLinks

~ Justice Stevens: No Patents for Business Methods
The outgoing Supreme Court justice on the Bilski ruling and business
methods patents.

~ ASCAP's New Fundraising Plea
ASCAP asks for money to fight EFF, Creative Commons and Public
Knowledge.

~ Mobile Phones = Mobile Tracking Devices
ACLU's Catherine Crump explains why we need to protect cell phone
location data from government abuse.

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Announcements

*Sita Sings The Blues: A Benefit Screening Hosted by Nina Paley on
July 20, 2010

Join the Electronic Frontier Foundation and the Cartoon Art Museum for
a special evening with Nina Paley as we screen her award-winning
animated feature film "Sita Sings the Blues," described by the creator
as "the greatest breakup story ever told." Paley animated and produced
the film single-handedly over the course of five years on a home
computer, and she will be on hand to take filmgoers behind the scenes.
Nina will also screen three of her Minute Memes, a series of animated
shorts about intellectual freedom, including the premiere of a new
cartoon created by Nina especially for the Electronic Frontier
Foundation.

The benefit screening will take place at the Delancey Street
Foundation Screening Room at 600 The Embarcadero, San Francisco, CA
94107, on Tuesday, July 20, 2010. Doors open at 6:30 PM. Film begins
at 7 PM. Advance tickets may be purchased online for $25 at
http://action.eff.org/ninapaley , or for $30 at the door the night of
the screening. No food or drink is permitted in the screening room.

* DEFCON 18 Getaway Final Results!

Congratulations to First Place winner Shawn Merdinger, who raised
$2,560 for EFF, Second Place winner Art Conklin, who raised $2,100,
and Third Place winning team Holy Handgrenades, which raised $1,040.
In addition, all fundraising captains who raised more than $200 will
receive a limited edition Defcon 18 "Things to Hack" t-shirt.

Thank you to all of the contestants and supporters for raising a total
of $9,746 for EFF!

Special thanks to our Defcon 18 Getaway Contest Prize Donors:
- Dark Tangent and Defcon
- Vegas 2.
- iSEC Partners
- Ninja Networks

And thanks to our Defcon 18 Getaway Contest Sponsors for their crucial
support:
-Tenable
- iSEC Partners
- IOActive

* Awesomeness Wins EFF's Third Annual Trivia Night

Congratulations to "Reasonable Expectation of Awesomeness" (REA) for
its First Place finish at EFF's Third Annual Cyberlaw Pub Quiz
Trivia Night. Tied after seven rounds of legal trivia questions, REA
pulled ahead of "Feist, Feist Baby" in the tie-breaking round. Third
Place finisher "Consumer Watchdog Watchdog" came in less than a point
behind. The evening was highly competitive, with all teams keeping up
the pressure until the very end.

Held each summer, the EFF Cyberlaw Pub Quiz poses legal trivia
questions drawn from various aspects of cyberlaw, including free
speech, privacy, and intellectual property. Participants come from law
firms, tech companies, academia and non-profits with a deep and
abiding interest in
the trivial aspects of the intersection of law and technology. EFF
thanks all participants for making this year's quiz a fun and exciting
event for everyone.

If your company or firm is interested in getting involved with next
year's event, contact Aaron Jue at aaron@eff.org.

* Nominate a Pioneer for EFF's 2010 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 2010. The International Pioneer Awards nominations
are open 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.

https://www.eff.org/awards/pioneer/

How to Nominate Someone for a 2010 Pioneer Award:
You may submit as many nominations as you wish! This year
we've made it possible for you to nominate someone
using our online nomination form. We also welcome
nominations via email, but please use one form or email
per nomination. If emailing entries, please submit your
entries via email to pioneer@eff.org. We will accept
nominations until August 9, 2010.

Simply tell us:
1. The name of the nominee,
2. The phone number, email address or website by which
the nominee can be reached, and, most important,
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. Anyone may nominate a potential Pioneer Award
recipient, and you may nominate more than one
recipient. You may also nominate yourself or your
organization. Please send separate email messages for
each nominee.

6. Anyone can receive a Pioneer Award except:
- current members of EFF's staff
- current members of EFF's operating board
- current Pioneer Award judges
- past Pioneer Award recipients

7. 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:
https://www.eff.org/awards/pioneer/

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* Dream Job Alert! EFF is looking to fill the following
positions:

~ Senior Copyright Lawyer

EFF is seeking asenior-level copyright attorney. Responsibilities will
include litigation, public speaking, blogging, media outreach, and
legislative and regulatory matters related to a variety of high
technology legal issues.

Qualified candidates will have at least five years
of experience working in copyright law, including an
in-depth knowledge of the Digital Millennium Copyright Act
(DMCA) sections 512 and 1201. Candidates should also have
significant experience in at least one of the following
specialties: trademark law, trade secret law, and/or
patent law. Litigation experience is required, including
significant experience managing both overall case strategy
and day-to-day projects and deadlines. Candidates should
have good communication skills and an interest in working
with a team of highly motivated lawyers and activists
in a hard-working nonprofit environment. Strong writing
and analytical skills, as well as the ability to be
self-motivated and focused, are essential. Tech savviness
and a familiarity with Internet civil liberties and high
tech public interest issues is strongly preferred. This
position is based in San Francisco.

Interested applicants should submit a resume and
references to ipjob@eff.org.

~ Open Government Attorney

EFF is seeking a staff attorney to join its FOIA Litigation for
Accountable Government (FLAG) Project. Responsibilities will include
filing Freedom of Information Act (FOIA) requests and handling
follow-up litigation, public speaking, media outreach, and legislative
and regulatory advocacy, all in connection with the FOIA and open
government issues. The staff attorney will also directly supervise a
deferred associate or volunteer working on the FLAG Project.

The ideal candidate will possess these qualifications:
- Demonstrated interest in, and knowledge of, civil
liberties issues involving emerging technologies.
- At least four years of litigation experience, including
significant experience managing cases, overall case
strategy and day-to-day projects and deadlines. Specific
FOIA litigation experience is desirable, but not
required.
- Excellent writing and communications skills, preferably
with a track record of blogging, investigative
reporting, or other similar activity.
- Ability to manage and organize large quantities of
documentary materials.
- Familiarity with basic information technology tools.

Candidates should have good communication skills and
interest in working with a team of highly motivated
lawyers and activists in a hard-working nonprofit
environment. This position is based in San Francisco.

Interested applicants should submit a resume, writing
sample, and references to FOIAjob@eff.org.
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