EFF in the News
"This is a really clear case of fair use. It's a home video of a baby dancing, and there's some music in the background. And there's no way this would be some kind of market substitute for the original Prince song," Electronic Frontier Foundation lawyer Daniel Nazer said.
If the majority of MEPs vote for amendments to the draft legislation, the bill will go back to the European Council to be amended. If MEPs vote in favour of the current text, it will become EU-wide law. But according to the Electronic Frontier Foundation (EFF), which also campaigned against threats to net neutrality in the United States earlier this year, the regulations are potentially damaging.
"There are several loopholes in the current text which, if not resolved, would result in limited net neutrality protections," it wrote in a statement last week.
Shahid Buttar of the Electronic Frontier Foundation, a San Francisco-based non-profit digital civil liberties organization, considers these vans an indication of the trend in modern policing on both the local and national levels of eroding privacy in the name of security.
Buttar called X-Ray vans and other invasive policing tactics such as license plate readers and surveillance drones “constitutionally offensive for lacking any individual suspicion.”
“It’s using technology to do what police are not legally able to,” he told The Crime Report. “The Fourth Amendment says you have to have a warrant. If the NYPD wants to use an X-Ray van they should go to a judge, and if they can’t justify using the van then they shouldn’t be using it in public.
“Just because they are the agency using it doesn’t make it legal.”
"CISA is fundamentally flawed," Lee Tien, a senior staff attorney with the Electronic Frontier Foundation, stated in a blog post on Oct. 22. "The bill's broad immunity clauses, vague definitions, and aggressive spying powers combine to make the bill a surveillance bill in disguise."
"The idea of 'If you buy it, you should own it,' is something that keeps on coming up time and time again in our tech law. You're going to want to tinker with it, edit the software, and that sort of thing," Mark Jaycox, a lawyer at the Electronic Frontier Foundation, told me. "These types of laws are hindering innovation and this type of important research into the internet of things."
Kayyali: There’s still the idea, for a lot of people, that the Internet is this special place where we go and suddenly we’re not people of color, we’re not trans. But we’re now seeing that it’s a place where the differences matter. Free speech as an excuse for bad behavior has been conflated with the idea that free expression is an important value.
Public documents revealed by Dave Maass, an investigative researcher for the Electronic Frontier Foundation, showed the inmates would each spend, on average, 1,000 days in solitary confinement for the viral video stunt.
The Electronic Frontier Foundation, another prominent digital rights organization, is also actively campaigning for companies to oppose the legislation. Legislative analyst Mark Jaycox told The Hill he expects to see more companies publicly opposing CISA in the coming weeks.
Privacy advocates have expressed limited support for a handful of amendments, notably a pair from leading CISA detractor Sen. Ron Wyden (D-Ore.) that would require companies to strip personal details from threat data and require a way for notify anyone whose information might be inappropriately shared.
Jaycox says that although “there’s no doubt” Wyden’s amendments are “the strongest,” they still don’t define how data will be used.
The result will be the addition of digital rights management to the JPEG image format, argued Jeremy Malcolm, senior global policy analyst at the Electronic Frontier Foundation.
Extending DRM to Images Online
Much of the privacy and security support functionality required already is available in Part 8 of the JPEG 2000 standard.
JPEG 2000 has a DRM extension called JPSEC that is used for highly specialized applications such as medical imaging, broadcast and cinema image workflows, and archiving, so it "hasn't affected the use of images online," Malcolm pointed out.
The JPEG Privacy and Security Group is thinking of "essentially backporting DRM to legacy JPEG images," he said. This would impact the open Internet.
Cryptographers don't believe DRM works, Malcolm told the JPEG Committee. It doesn't account for copyright limitations such as fair dealing, fair use and quotation, and it "allows anticompetitive conduct such as region coding."
Jamie Williams, a fellow at the Electronic Frontier Foundation said "in some sense, I think everyone should care" about the outcome of Nosal's appeal. EFF filed an amicus brief asking that Nosal's computer abuse conviction be overturned, but didn't take a position regarding the other charges.
Williams said that the law was drafted to apply to outside actors trying to gain access to a computer by working around technological barriers and that other statutes can be used against insiders who go rogue. If Nosal's conviction is allowed to stand, she said, it would make it a crime to use an authorized individual's password to access information, but asking that person to obtain the exact same information themselves would remain legal.