EFF in the News
The EFF explained: [Jailbreaking] is important to programmers, enthusiasts, and users. But jailbreaking creates legal uncertainty. Some device manufacturers claim that jailbreaking violates Section 1201 of the Digital Millennium Copyright Act (DCMA), which carries stiff penalties."
Hughillustration sez, "Under the Digital Millennium Copyright Act, video artists who break the encryption on a DVD or sample online steaming videos could face legal threats - even if the video they create is considered fair use. We think that's nuts. Kirby Ferguson, creator of Everything is a Remix, is standing with the Electronic Frontier Foundation in fighting for the right to create remix videos. Please sign Kirby's letter below and stand up for the rights of video artists."
The controversial agreement has been widely opposed by groups such as the Electronic Frontier Foundation and the Free Software Foundation, with claims that ACTA will trample on civil rights.
Last year, the Electronic Frontier Foundation published a report analyzing the FBI's use of National Security Letters from 2001 to 2008, concluding that the FBI might have violated the law as many as 40,000 times during that period. In many cases the companies involved -- including phone companies, Internet service providers, financial institutions, and credit agencies -- "contributed in some way to the FBI's unauthorized receipt of personal information."
The idea that you might face criminal charges because you altered your own property is totally unfair,” said Rebecca Jeschke, media relations director and digital rights analyst for the EFF. “The goal here is to make the law really clear.”
The ruling was a clear win for consumer rights but it could be taken away soon, according to the Electronic Frontier Foundation.
The EFF reports that the exemption is due to expire this year and is calling on people to make their voice heard not only to renew the exemption, but to also expand it to cover tablets and video games consoles -- which apparently wasn't covered before.
According to Marcia Hoffman of the Electronic Frontier Foundation (EFF), “This is an important ruling for all Americans […] The Supreme Court has unanimously confirmed that the Constitution prevents unbridled police use of new technologies to monitor our movements.”
You’d think that would be the end of the story, but you’d be wrong. It turns out that the Electronic Frontier Foundation is asking the US Copyright Office to declare that unlocking the operating system of smartphones does not violate DMCA and the organization is not only calling on them to renew the exception, but to also expand it to cover tablets and video games consoles.
A federal judge in Colorado recently handed down a ruling that forced a defendant to decrypt her laptop hard-drive, despite the Fifth Amendment's stricture against compelling people to testify against themselves. The Electronic Frontier Foundation's Marcia Hoffman has commentary on the disappointing ruling: