EFF in the News
"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."
McSherry said that finding people liable for huge awards when they didn't attempt to profit from the distribution of the songs is unreasonable. "Both Davis and Gertner," McSherry said, "have found that these awards are fundamentally out of whack."
"A lot of the threats that you have to defend consumers against are technical—on the Web, on mobile devices, on new kinds of gadgets that people aren't using yet," says Peter Eckersley of the nonprofit Electronic Frontier Foundation in Washington.
"Even on its face, Perfect Citizen doesn't appear benign," Lee Tien, a senior staff attorney at the Electronic Frontier Foundation, pointed out. "Civil liberties issues always arise when surveillance is implanted into systems used by and relied upon by everyday citizens, especially if the surveillance is being conducted by intelligence entities like the NSA."
Rebecca Jeschke, spokeswoman for the Electronic Frontier Foundation, has urged FTC officials not to turn the rule into an "age-verification mandate" for the Internet.
"While a site for pre-teens is likely to have content aimed squarely at that age group, many older teens use the same Internet services that adults do," Jeschke wrote in a July 2 blog posting. "If a site with a mixed-age user base is liable for letting kids use its services without a parent's permission, then it will likely set up elaborate age-verification for everyone. Of course, the more information a website collects, the more chances there are for it to get into the hands of a marketing company, a hacker, or someone who has filed a subpoena for it."
“Under the government’s theory, anyone who disregards — or doesn’t read — the terms of service on any website could face computer crime charges,” said EFF civil liberties director Jennifer Granick in a press release. “Price-comparison services, social network aggregators, and users who skim a few years off their ages could all be criminals if the government prevails.”
The Electronic Frontier Foundation, a pro-technology advocacy group, and the American Civil Liberties Union had challenged Dunlap Grubb's attempt to file a single lawsuit against thousands of people. In the case of "The Hurt Locker," Voltage has obtained at least 5,000 Internet Protocol addresses belonging to people it says shared the film illegally. Representatives of the EFF and the ACLU argue there is nothing that binds these people together and that making them all defendants in a single suit isn't proper.
Prince sees big things ahead for daily newspapers...Either that or Prince is still pissed about that baby on YouTube dancing to his barely audible "Let's Go Crazy." YouTube yanked the video in 2007 after receiving a takedown notice from Universal Music Publishing Group, reportedly at the artist’s behest.
The kid’s mom turned to the Electronic Frontier Foundation, and the digital advocacy group called "Shenanigans!" over Universal’s misuse of the Digital Millennium Copyright Act. Now that groundbreaking video is back on YouTube, where it cleared the way for all the "Single Ladies (Put A Ring on It)" babies of today.
This isn't to say that ticket scalpers and resellers who buy up all the tickets aren't necessarily a problem, but should they be criminally liable because they violate a website's terms of service? The EFF and some others have now filed an amicus brief in the case, suggesting that this is a ridiculous outcome. No one should be criminally liable for not obeying the terms of service on a website. If that's the case, it's easy to make anyone a criminal.
The men, dubbed the “Wiseguys” because they ran Wiseguy Tickets Inc., claim U.S. prosecutors misapplied the Computer Fraud and Abuse Act and wire fraud statute to charge them with illegaly getting ahead of the public to buy premium seats through Ticketmaster, Live Nation Entertainment Inc., Telecharge and other vendors...A friend-of-the-court brief in support of the defendants also was filed by the Electronic Frontier Foundation, a non- profit digital civil liberties organization.
Electronic Frontier Foundation senior staff technologist Seth Schoen said, you can't opt out from having information collected, retained and analyzed.