EFF in the News
The iPhone 4 may be available to the general public, but the police investigation into the leaked device that Gizmodo purchased last spring is still going strong. Now there’s been a new development: the EFF reports that the San Mateo District Attorney has withdrawn the warrant it used to search Gizmodo editor Jason Chen’s house last April, when it confiscated multiple computers, hard drives, and other electronics.
Two weeks ago, a federal judge ordered the U.S. Copyright Group to cooperate with the EFF, ACLU, Public Citizen and others in drafting a notice that would be sent out to those flagged for alleged copyright infringement in these cases, explaining their legal rights
A New York couple has issued dragnet subpoenas to Google and Yahoo demanding the identities of users behind 10 email accounts, 30 blog operators, website administrators, and the identities of anyone who had ever commented on those sites. That's hundreds of people! Riding to the rescue of our privacy and freedom are our heroes — the EFF. "The First Amendment protects individuals' right to speak anonymously and forces litigants to justify any attempts to unmask anonymous critics," said EFF Senior Staff Attorney Matt Zimmerman. "Litigants cannot forcibly identify entire communities of online speakers -- which include many speakers who no one would claim did anything wrong -- simply because the litigants are curious."
"Gertner found there is quite a bit of evidence that Congress did not intend statutory provisions to be applied this way," McSherry said. "She concluded that the [original] damages award went far beyond what Congress intended or contemplated."
“Yet another country has decided to shut down key parts of the internet,” wrote the Electronic Frontier Foundation in a post on the matter.
Should photographers be able to make a profit by selling their Burning Man photographs? As you may have read in the blogosphere, the Burning Man Project has been undergoing a review of legal terms related to media documentation at the event. Over the coming months, we will continue to dialogue with photographers, theme camps, artists, interested participant groups, Creative Commons and the Electric Frontier Foundation (EFF) in order to improve our policies for the present and for the future.
Courts in several European nations have already found that the blanket data retention called for in the measure is unconstitutional.
“There is no rational evidence of the need for Written Declaration 29,” Rodriguez said, adding that “the Directive that it extends has proven not only unpopular” but is in apparent violation of European civil rights guarantees.
“Five states haven’t even adopted the directive Written Declaration 29 is supposed to extend, and courts in Ireland and Germany have found that data retention legislation is unconstitutional," she said.
"Moreover it may be in violation of the European Constitution of Human Rights. It just comes at the wrong time and we don’t see that it has much future.”
The Electronic Frontier Foundation (EFF), which joined the amicus brief, calls this logic "outrageous" and a "bogus copyright theory," as does Public Knowledge.
Creative Commons, Public Knowledge and EFF are not aiming to "undermine" copyright; they are not spreading the word that "music should be free"; and there is certainly not yet any rally within Congress in favor of any of the issues that these groups do push.
Eddan Katz, director of international affairs at San Francisco's Electronic Frontier Foundation, points out that this attack on U.S. social media networks is not new. China has also blamed the Internet in the past for having an influence on unrest in China's far west where Xinjiang Province has a large population of Uighur Muslims, who rebelled against Chinese rule last year, leading to 200 deaths. China has also accused the Internet for creating unrest in Iran.
"Those tools did have an effect in facilitating that kind of community and that kind of expression, but those ideas and those feelings were already there," Katz said.