Gee, REAL ID may be repealed. :)

PGA

-------- Forwarded Message --------
> From: EFFector list <[EMAIL PROTECTED]>
> Reply-To: EFFector list <[EMAIL PROTECTED]>
> To: [EMAIL PROTECTED]
> Subject: EFFector 20.15: Action Alert - Visit StopIllegalSpying.org
> and Fight the Abuse of Surveillance Powers!
> Date: Mon, 16 Apr 2007 11:00:28 -0500 (CDT)
> 
> EFFector Vol. 20, No. 15  April 16, 2007  [EMAIL PROTECTED]
> 
> A Publication of the Electronic Frontier Foundation
> ISSN 1062-9424
> 
> In the 420th Issue of EFFector:
> 
>  * Action Alert - Visit StopIllegalSpying.org and Fight the 
> Abuse of Surveillance Powers!
>  * EFF Sues Justice Department for Immediate Release of NSL 
> Abuse Records
>  * OPEN Government Act Heads to Senate Floor
>  * Recording Industry Target Deserves Day in Court
>  * Washington Rejects REAL ID
>  * A Win for Kids' Free Speech Rights 
>  * AACS Key Revocation: The Future of DRM?
>  * Dontdatehimgirl Suit Dismissed
>  * RIAA and MPAA Try to Gut Anti-Pretexting Bill 
>  * More Ludicrous Marketing Claims About P2P Filtering
>  * EFF Seeks Intake Coordinator
>  * miniLinks (13): George Orwell's Predictions Come Home
>  * Administrivia
> 
> For more information on EFF activities & alerts:
>  <http://www.eff.org/>
> 
> Make a donation and become an EFF member today!
>  <http://eff.org/support/>
> 
> Tell a friend about EFF:
>  http://action.eff.org/site/Ecard?ecard_id=1061
> 
> effector: n, Computer Sci. A device for producing a desired 
> change.
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * Action Alert - Visit StopIllegalSpying.org and Fight the 
> Abuse of Surveillance Powers!
> 
> Last year, letters from individuals like you helped beat 
> back legislation that could have swept the illegal NSA 
> spying program under the rug and let companies off the hook 
> for illegally assisting the government. But the Bush 
> Administration is at it again, pushing a new bill that 
> could radically expand surveillance powers and threaten 
> cases like EFF's lawsuit against AT&T.
> 
> With the Senate Intelligence Committee taking up this topic 
> on Tuesday, your representatives need to know that your 
> concerns haven't gone away. Congress must reject this 
> legislation and take immediate action to stop the illegal 
> spying. 
> 
> Make your voice heard now by visiting:
> <http://www.stopillegalspying.org>
> 
> StopIllegalSpying.org is a new site set up by EFF and a 
> broad coalition of groups fighting for your privacy and the 
> rule of law. With your help, we can press Congress to do 
> its job and restore the checks and balances that define our 
> democracy. Please help spread the word about the site to 
> friends and family, and post our site's graphic on your 
> website or blog.
> 
> Send a letter to your representatives now:
> <http://www.stopillegalspying.org>
> 
> For more information about EFF's suit against AT&T:
> <http://www.eff.org/legal/cases/att>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * EFF Sues Justice Department for Immediate Release of NSL 
> Abuse Records
> 
> Public Needs Critical Information About FBI's Abuse of 
> Surveillance Power
> 
> Washington, D.C. - The Electronic Frontier Foundation (EFF) 
> has asked a judge to issue an emergency order requiring the 
> FBI to immediately release agency records about its abuse 
> of National Security Letters (NSLs) to collect Americans' 
> personal information.
> 
> Congressional hearings and a storm of media coverage 
> followed a recent Justice Department report detailing the 
> FBI's extensive misuse of NSLs -- requests through which 
> federal agents may collect telephone, Internet, financial, 
> credit, and other personal records about Americans without 
> judicial approval. The report and the ensuing uproar also 
> sparked the introduction of a bill in the House of 
> Representatives to curb the Bureau's NSL authority. In a 
> lawsuit filed under the Freedom of Information Act (FOIA), 
> EFF demands that the FBI release all information about NSL 
> abuse without delay, so that the records can be part of the 
> national debate about domestic surveillance.
> 
> "Congress has already dedicated several hearings to the 
> FBI's abuse of investigative power and is thinking about 
> how to prevent such abuses in the future," said EFF Staff 
> Attorney Marcia Hofmann. "But if there is going to be 
> meaningful debate about this issue, we need more 
> information than what the Administration chooses to make 
> public, and we need it now."
> 
> The Department of Justice has already agreed that the 
> records should be disclosed quickly due to the exceptional 
> media attention and the questions the NSL report has raised 
> about the government's integrity. However, despite this 
> recognition, the Bureau has failed to meet the 20-day time 
> limit that Congress set for requests that do not merit fast 
> processing.
> 
> EFF's FOIA request asks for all FBI records discussing or 
> reporting violations of current law, guidelines, or 
> policies, as well as any communications discussing various 
> potential interpretations of current federal investigative 
> power. EFF also demands copies of the contracts between the 
> FBI and three telephone companies, which were intended to 
> allow the FBI to get rapid access to telephone records.
> 
> "There are a lot of questions right now about the 
> government's integrity when it comes to domestic 
> surveillance. The FBI must follow the law and release these 
> records to the public," said EFF Senior Counsel David 
> Sobel.
> 
> For the FOIA complaint:
> <http://www.eff.org/flag/nsl/nsl_complaint.pdf>
> 
> For the motion for a preliminary injunction:
> <http://www.eff.org/flag/nsl/pi_final.pdf>
> 
> For more on EFF's FLAG Project:
> <http://www.eff.org/flag/>
> 
> For this release:
> <http://www.eff.org/news/archives/2007_04.php#005196>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * OPEN Government Act Heads to Senate Floor
> 
> Legislation that would help protect the public's right to 
> know is one step closer to passing. The Senate Judiciary 
> Committee has marked up the OPEN Government Act, which 
> would provide some much needed updates to the Freedom of 
> Information Act (FOIA). The bill now heads to the Senate 
> floor, and a similar bill has already passed in the House.
> 
> Keep up the momentum and tell your representatives to pass 
> this bill now:
> <http://action.eff.org/site/Advocacy?id=285>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * Recording Industry Target Deserves Day in Court
> 
> RIAA Must Face Consequences of Meritless File-Sharing 
> Lawsuits
> 
> San Francisco - The Electronic Frontier Foundation (EFF) 
> has filed a brief with a New York district court, urging a 
> judge to allow the target of a recording industry lawsuit 
> to fight back with counterclaims of his own.
> 
> The Recording Industry Association of America (RIAA) has 
> already moved to dismiss copyright infringement claims 
> against Rolando Amurao. However, Amurao alleges that the 
> RIAA's case is meritless and intended to harass him, so he 
> has countersued for a declaration of non-infringement and a 
> finding of RIAA copyright misuse. In its amicus brief, EFF 
> argues that giving Amurao his day in court increases RIAA 
> accountability in the industry's broad lawsuit campaign 
> against file sharing.
> 
> "If Amurao's allegations are true, then he has the right to 
> clear his name," said EFF Staff Attorney Corynne McSherry. 
> "It's simply unfair to shield copyright owners from the 
> consequences of careless lawsuits. Counterclaims like 
> Amurao's help make sure that the RIAA can't simply dismiss 
> its case and walk away when an innocent target fights 
> back."
> 
> The RIAA has sued thousands of individuals for allegedly 
> sharing music over the Internet since its campaign began in 
> 2003. But sloppy investigative methods have left innocent 
> people entangled in expensive and draining legal 
> proceedings. When the RIAA threatens someone with a 
> lawsuit, it offers to settle the case for a carefully 
> chosen sum that is smaller than the legal fees required to 
> fight the accusations. Faced with this choice, some 
> innocent people settle simply because it's the most 
> affordable option. However, a few individuals like Amurao 
> have decided to battle the RIAA in court. In one Oklahoma 
> case, EFF provided amicus support to an innocent target of 
> a file sharing lawsuit who is fighting to have the RIAA 
> reimburse her attorneys' fees.
> 
> For the full amicus brief:
> <http://www.eff.org/legal/cases/lava_v_amurao/lava_amicus.pdf>
> 
> For more on the RIAA's lawsuit campaign:
> <http://www.eff.org/IP/P2P/riaa-v-thepeople.php>
> 
> For this release:
> <http://www.eff.org/news/archives/2007_04.php#005195>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * Washington Rejects REAL ID
> 
> The state of Washington recently passed legislation 
> rejecting implementation of the costly, privacy-invasive 
> REAL ID Act. REAL ID essentially forces states to create a 
> national ID, requiring standardization of drivers' licenses 
> and the creation of a vast national database linking all of 
> the ID records together. Thankfully, there's a growing 
> chorus of opposition to this misguided federal mandate -- 
> Washington is the fourth state to reject its 
> implementation, and Congress is considering repealing it.
> 
> Learn more about REAL ID and take action to stop it here:
> <http://action.eff.org/site/Advocacy?id=275>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * A Win for Kids' Free Speech Rights
> 
> A ruling in the Indiana Court of Appeals last week gave a 
> middle school student her free speech rights back.
> 
> The girl, who is called "A.B." in the court record, had 
> posted comments on a MySpace page criticizing her school's 
> policy on body piercings. The post was full of expletives, 
> which a judge ruled ""obscene" despite the lack of any 
> sexual content. The girl was found to be a "delinquent 
> child" and was put on probation for nine months.
> 
> However, the girl appealed the ruling, arguing that her 
> post was protected political speech. A three-judge panel 
> agreed: "While we have little regard for A.B.'s use of 
> vulgar epithets, we conclude that her overall message 
> constitutes political speech." The judges threw out the 
> "delinquent child" finding, holding that the lower court's 
> conclusion "contravened her right to speak."
> 
> A lot of media coverage focuses on the perceived dangers 
> for kids on the Internet. But, expletives or not, this case 
> shows how students use the web to discuss issues of 
> importance to them. It's heartening that judges like these 
> see the importance as well.
> 
> For this post and related links:
> <http://www.eff.org/deeplinks/archives/005198.php>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * AACS Key Revocation: The Future of DRM?
> 
> The AACS encryption scheme that restricts Blu-ray and HD 
> DVD discs was thoroughly cracked several months ago. These 
> vulnerabilities had their roots in several software 
> players, including Corel's InterVideo WinDVD. Now Corel is 
> doing what the AACS regime requires them to do -- revoking 
> the existing keys, fixing the vulnerabilities, and 
> requiring existing users to upgrade or be disabled when 
> they insert a new disc that "blacklists" their existing 
> software.
> 
> LA Times reporter Jon Healey has done a nice summary of 
> what this will mean for consumers on his blog, Bit Player 
> (and it's worth reading the whole thing):
> 
> "The process of revoking software is a blunt instrument; 
> everyone using WinDVD and PowerDVD will be affected, 
> regardless of whether they traded bootlegged high-def 
> movies, made back-up copies for personal use or merely 
> played the high-def movies they bought or rented on their 
> PCs."
> 
> Because this "revoke and blacklist" approach is a standard 
> feature of next-generation DRM systems, legitimate 
> consumers are increasingly going to have something to fear 
> from "upgrades" and "blacklists" hidden in the media they 
> legitimately purchase. (Of course, no blacklists are 
> embedded in the versions downloaded from P2P, giving 
> consumers yet another incentive to prefer the Darknet.)
> 
> Read Healey's article:
> <http://opinion.latimes.com/bitplayer/2007/04/hackers_v_holly.html>
> 
> Engadget explains why the WinDVD patch won't actually stop 
> ripping of HD-DVD discs, thanks to the thorough compromise 
> of the Xbox HD-DVD drives:
> <http://www.engadget.com/2007/04/10/aacs-hacked-to-expose-volume-id-windvd-patch-irrelevant/>
> 
> For this post and related links:
> <http://www.eff.org/deeplinks/archives/005197.php>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * Dontdatehimgirl Suit Dismissed
> 
> A Pennsylvania judge has dismissed a lawsuit against the 
> controversial website DontDateHimGirl.com, ruling that he 
> did not have jurisdiction over the Florida-based site.
> 
> But the jurisdiction question was not the only problem with 
> this suit. Dontdatehimgirl is a forum created for women to 
> share information about men, and the plaintiff in this case 
> claims that participants posted defamatory statements about 
> him. EFF filed an amicus brief in support of 
> Dontdatehimgirl in December, arguing that the site cannot 
> be held liable for comments written by others under Section 
> 230 of the Communications Decency Act. Section 230 
> specifically protects hosts of interactive computer 
> services from liability and is key to fostering free 
> discourse online. Without Section 230, no one would risk 
> creating a website where others could post opinions.
> 
> It's important to note that the claims against the people 
> who posted the messages in the first place still stand. If 
> any defamation occurred, it's the speakers who should bear 
> the responsibility, not the soapbox.
> 
> The plaintiff in this case has not decided if he will 
> refile the Dontdatehim girl suit in Florida. However, if he 
> does, he will have to take on Section 230 and the strong 
> protections it provides to Internet hosts of vigorous 
> online debate.
> 
> For this post and related links:
> <http://www.eff.org/deeplinks/archives/005194.php>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * RIAA and MPAA Try to Gut Anti-Pretexting Bill
> 
> Remember the Hewlett-Packard pretexting scandal of last 
> year? Private investigators hired by HP obtained phone 
> records of journalists and its own board members by 
> pretending to be the individuals themselves. The scandal 
> was the catalyst for a congressional investigation, and 
> some California lawmakers decided consumers needed more 
> protection from these privacy violations. State Sen. Ellen 
> Corbett introduced SB 328, a bill that would ban the use of 
> false statements and other misleading practices to get 
> personal information.
> 
> Good news for Californians, right? Not if the entertainment 
> industry has anything to say about it. The RIAA and the 
> MPAA are reportedly lobbying legislators for amendments to 
> the bill. According to the Los Angeles Times, those 
> amendments would allow pretexting if a company was trying 
> to enforce its intellectual property rights. EFF Senior 
> Staff Attorney Fred von Lohmann believes this carve-out 
> would gut the bill altogether. As he said in the Times 
> article, "I don't see why the recording industry shouldn't 
> have to follow the same laws that everyone else follows.... 
> It appears they want to make the loophole so big that 
> nobody else has to follow the law, either." 
> 
> Copyright shouldn't trump privacy. We hope the California 
> State Senate agrees.
> 
> For the LA Times story:
> <http://www.latimes.com/business/la-fi-pretext7apr07,1,1936238.story>
> 
> For this post and related links:
> <http://www.eff.org/deeplinks/archives/005191.php>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * More Ludicrous Marketing Claims About P2P Filtering
> 
> A few years ago, EFF debunked an anti-P2P packet filtering 
> technology sold by Audible Magic. Twice. The notion that 
> universities can just buy a piece of software to end file 
> sharing on their networks forever is false. But it keeps 
> coming back.
> 
> The latest product of this sort is from a company called 
> SafeMedia. As we explain here, its website makes some 
> highly misleading claims about what filtering can 
> accomplish:
> <http://www.eff.org/deeplinks/archives/005189.php>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * EFF Seeks Intake Coordinator
> 
> The Electronic Frontier Foundation (EFF), an Internet civil 
> liberties nonprofit organization based in San Francisco, is 
> seeking a full-time intake coordinator.  EFF receives many 
> requests for legal and other help from the public for 
> Internet-related issues. The intake coordinator screens and 
> gives initial responses to everyone who asks for our 
> assistance.
> 
> Our offices are located in the heart of San Francisco's 
> Mission District. This person will support a dedicated 
> staff of lawyers, technologists and activists. The 
> environment is fast-paced, our mission is cutting edge, and 
> EFF's staff is very smart and fun to work with.
> 
> Applicant must have general computer skills and knowledge 
> of the Internet. Experience with basic legal issues and 
> familiarity with EFF and our specific issues are also very 
> helpful. This person must have great interpersonal skills, 
> compassion and a sense of humor.
> 
> Duties include:
> 
>  Greeting visitors
>  Answering general organizational telephone and email 
> inquiries
>  Performing legal case intake and referrals
>  Managing database of cooperating attorneys and 
> technologists
>  Coordinating volunteers and part-time staff for support 
> projects
>  Assisting staff with assorted administrative tasks
> 
> Salary mid '30s plus good benefits package. EOE, we 
> encourage diverse applicants to apply. Please email only 
> resume and cover letter to [EMAIL PROTECTED] Position 
> available immediately. No phone calls please!
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * miniLinks
> The week's noteworthy news, compressed.
> 
> ~ George Orwell's Predictions Come Home
> How many CCTVs are there around the author of 1984's old 
> house?
> <http://www.tjmcintyre.com/2007/04/eric-blair-watched-by-tony-blair.html>
> 
> ~ Entertainment IPREDators
> How IPRED2 is seen in Italy.
> <http://mana.acheronte.it/blog/?p=24>
> 
> ~ China's Latest Export: Web Censorship
> How one major player is shifting Web blocking.
> <http://www.timesonline.co.uk/tol/news/world/asia/china/article1352239.ece>
> 
> ~ Harold Feld's "Impossibly Long" Field Guide to the 700 
> MHz Auction
> A really not very long explanation of an important issue.
> <http://www.wetmachine.com/item/741>
> 
> ~ Lorne Michaels Wishes NBC Would Put More of SNL on 
> YouTube 
> Viacom's Jon Stewart not happy either.
> <http://techdirt.com/articles/20070412/012740.shtml>
> 
> ~ The 403 Checker
> Scan a large number of URLs and find the ones that your 
> country bans.
> <http://astrubal.nawaat.org/403-access-denied-checker/>
> 
> ~ Twenty-eight Percent of Americans Now Own an HDTV
> The clock is ticking for broadcast flag adoption.
> <http://www.engadgethd.com/2007/04/13/28-percent-of-americans-now-own-an-hdtv/>
> 
> ~ Australian ISP's Spam Solution: Block Gmail Messages
> Another blacklist gone bad.
> <http://techdirt.com/articles/20070412/122104.shtml>
> 
> ~ "Aiding and Abetting" Copyright Violations Could Land Our 
> CEOs in Jail 
> Euro companies getting worried about IPRED2
> <http://arstechnica.com/news.ars/post/20070412-european-isps-aiding-and-abetting-copyright-violations-could-land-our-ceos-in-jail.html>
> 
> ~ Job Opening at the FSF Running Campaigns
> Be an activist supporting free software.
> <http://www.defectivebydesign.org/blog/973>
> 
> ~ Stanford Launches Database of Copyright Renewal Records
> Scanned and preserved: the records of book copyright 
> registrations between 1950 and 1993. Between 1923-1964, 
> books needed to appear in this record to have their 
> copyright renewed.
> <http://www.bespacific.com/mt/archives/014469.html>
> 
> ~ German Police Want the Right to Hack Computers
> The ping at the door at 4 o'clock in the morning.
> <http://www.schneier.com/blog/archives/2007/04/german_police_w.html>
> 
> ~ Eyes of Blue Screen
> Dodgy iris scanners make fools of "fast track" travelers.
> <http://www.no2id.net/news/newsblog/?p=571>
> 
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
> 
> * 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)
>   <http://www.eff.org/>       
> 
> Editor:
> Derek Slater, Activism Coordinator
>  [EMAIL PROTECTED]    
> 
> Membership & donation queries:
>  [EMAIL PROTECTED]
> 
> General EFF, legal, policy, or online resources queries:
>  [EMAIL PROTECTED]
> 
> 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.
> 
> Current and back issues of EFFector are available via the 
> Web at:
>   <http://www.eff.org/effector/>
> 

> 
> This newsletter is printed on 100% recycled electrons.


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