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EFFector - Volume 23, Issue 20 - EFF Secures Huge Win For Innovation, Free Expression And Creativity


EFFector - Volume 23, Issue 20 - EFF Secures Huge Win For Innovation, Free Expression And Creativity

EFFector Vol. 23, No. 20 July 26, 2010

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 542nd issue:


EFF won three critical exemptions to the Digital Millennium
Copyright Act (DMCA) anticircumvention provisions, carving
out new legal protections for consumers who modify their
cell phones and artists who remix videos -- people who,
until now, could have been sued for their non-infringing or
fair use activities.

"By granting all of EFF's applications, the Copyright
Office and Librarian of Congress have taken three important
steps to mitigate some of the harms caused by the DMCA,"
said Jennifer Granick, EFF's Civil Liberties Director. "We
are thrilled to have helped free jailbreakers, unlockers
and vidders from this law's overbroad reach."

For the full press release and link to the order:

For the full rulemaking order:

To learn more about DMCA rulemaking:


Join EFF this week in Las Vegas at Black Hat USA 2010 and
DEF CON 18. There is still time to register, and EFF
supporters receive a 25% discount on Black Hat

For more information on where to find EFF, go to:

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EFF Updates

* Recording Industry Giant Tries to Undermine 'Safe Harbor'
Rules For
Online Video Sites
EFF and a coalition of nonprofit groups have asked a
federal appeals court to protect the "safe harbor" rules
for online video service providers that encourage free
expression and innovation on the Internet.

* Court: Violating Terms of Service Is Not a Crime, But
Bypassing Technical Barriers Might Be
Good news: another federal judge has ruled that violating a
website's terms of service is not a crime. But there's bad
news, too -- the court also found that bypassing technical
or code-based barriers intended to limit access to or uses
of a website may violate California's computer crime law.

* Real ID Online? New Federal Online Identity Plan Raises
Privacy and Free Speech Concerns
The White House released a draft of a troubling plan that
would require pervasive, authenticated digital IDs while
barely mentioning the unprecedented threat such a scheme
would pose to privacy and free speech online.

* Court Fails to Protect Privacy of Whistleblower's Email
Relying on a legal doctrine called qualified immunity, the
Eleventh Circuit Court of Appeals held that a
whistleblower's privacy interest in his email messages
stored at his ISP was not "clearly established," and
therefore his claim against a prosecutor who used a sham
grand jury subpoena to obtain those emails could not

* San Mateo D.A. Withdraws Controversial Gizmodo iPhone
San Mateo Superior Court Judge Clifford Cretan granted an
application by the San Mateo County D.A.'s office to
withdraw the controversial warrant it obtained to search
the house of journalist Jason Chen.

* EU Authorities: Implementation of Net Surveillance
Directive Is Unlawful
In a landmark announcement, data protection officials
across the European Union found that the way EU Member
States implemented the data retention obligations in the
2006 EU Data Retention Directive was unlawful.

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~ Washington Post Series: Top Secret America
In a 3-part series, the Washington Post examined the growth
of the intelligence community over the last decade: "A
hidden world, growing beyond control."

~ Could the EU Walk Away From ACTA?
Michael Geist on the growing rift between the US and the EU
on ACTA's details.

~ The BookLiberator Project
BookLiberator is a newly-announced set of open-source
software and hardware to digitize books.

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*EFF at Open Science Summit in Berkeley

Join us at the first Open Science Summit, an attempt to
gather all stakeholders who want to liberate our scientific and
technological commons to enable a new era of decentralized, distributed
innovation to solve humanity's greatest challenges.  EFF Staff Activist
Richard Esguerra will be on hand at the EFF table to discuss our
latest work.

Open Science Summit

Thursday, July 29, 2010 at 4:00 PM through Saturday, July
31, 2010 at
10:00 PM

International House
University of California, Berkeley
2299 Piedmont Avenue
Berkeley, CA 94720-2320

FMI and Registration: 

* 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.

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 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:

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

~ Senior Copyright Lawyer

The Electronic Frontier Foundation (EFF) is seeking a
senior-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

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* 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)

Lori McCoy, Membership/Administrative Assistant

Membership & donation queries:

General EFF, legal, policy, or online resources queries:

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.

Press releases and EFF announcements & articles may be
reproduced individually at will.

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