-------- Forwarded Message -------- > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: EFFector 20.31: Action Alert: Push Congress Back Into the > Wiretapping Fight to Restore Your Rights > Date: Tue, 7 Aug 2007 23:56:22 -0500 (CDT) > > EFFector Vol. 20, No. 31 August 7, 2007 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 435th Issue of EFFector: > > * Action Alert: Push Congress Back Into the Wiretapping > Fight to Restore Your Rights > * Online CD Seller Fights Universal's Bogus Infringement > Allegations > * Senate Approves FOIA Reform Bill > * Review Spotlights Widespread Vulnerabilities; California > Decertifies Flawed Election Equipment > * Op-Ed Outrage in the Aftermath of "FISA Modernization" > * Another Loss for Real ID > * CCIA Targets Bogus Copyright Warnings > * Virginia Movie Theater Throws the Book at Teenage > Filmgoer > * Visit EFF at LinuxWorld > * Thank You, DEFCON! > * miniLinks (7): Zimbabwe's New Spying Laws > * 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: Push Congress Back Into the Wiretapping > Fight to Restore your Rights > > Last week, Congress passed horrible legislation that > broadly expands the National Security Agency's authority to > spy on Americans without warrants. Now Congress needs to > undo the damage as soon as possible, and to make it do > that, it needs to hear from you: > http://action.eff.org/fisa > > By capitulating to the President's demands for sweeping new > surveillance powers, Congress not only trampled on your > Constitutional rights but also disregarded its own > Constitutional duties. The law permits warrantless > surveillance of "persons reasonably believed to be located > outside the United States," even when they are U.S. > citizens or are communicating with U.S. citizens, with no > prior court approval and only minimal court oversight. > Rather than setting meaningful boundaries on the Executive, > Congress essentially handed him a blank check to invade > Americans' privacy. > > The most important check on government surveillance still > remains though. It's you. Tell your representatives to > repeal this legislation and restore your rights now: > http://action.eff.org/fisa > > Congress' actions are particularly disgraceful given how > the Administration has concealed the truth about its > illegal spying. The President only revealed the so-called > "Terrorist Surveillance Program" when press reports forced > his hand in December 2005, and, after the Administration > deliberately evaded numerous Congressional inquiries, it > took the threat of possible perjury charges for the > Attorney General to concede last week that the program was > broader than first admitted. In its haste to pass > legislation, Congress was essentially flying blind, yet it > caved in to the Administration's fear-mongering anyway. > > This is a knockdown -- but far from a knockout -- in the > battle to stop the government's warrantless domestic > surveillance. The fight is not over, and, if you push them > hard enough, Congress still has a chance to set things > right. > > For our part, EFF's case continues forward against AT&T for > illegally collaborating with the government, with a hearing > before the 9th Circuit Court of Appeals next Wednesday. > We'll keep battling in the courts to uphold the > Constitution and restore your rights. > > We will also be taking the fight back to Congress, and for > that we need your help. It's up to you to hold your > representatives accountable for either allowing this > egregious change or supporting it outright. Don't let them > think for a second that this went unnoticed: send them a > letter, call them to voice your opposition, and visit their > home offices in your district during the August recess. > Spread the word to your friends and family about what > Congress has done and urge them to take action, too. > > Fortunately, the law has a sunset date, and, more > importantly, Congressional leaders are already signaling > that they want to revise the law before then. Restoring > protections for your fundamental rights shouldn't wait even > a day. Neither should our efforts to make sure that happens > -- take action now: > http://action.eff.org/fisa > > Read the Center for National Security Studies analysis of > the bill: > http://www.cnss.org/CNSS%20Views%20on%20S1927.htm > > For EFF's case against AT&T: > http://www.eff.org/legal/cases/att > > For EFF's page on the NSA's Warrantless Domestic > Surveillance: > http://www.eff.org/Privacy/Surveillance/NSA/ > > See EFF's earlier article, "Administration Concedes Open > Secret: NSA Spying Broader Than Previously Admitted": > http://www.eff.org/deeplinks/archives/005386.php > > For this post: > http://www.eff.org/deeplinks/archives/005395.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Online CD Seller Fights Universal's Bogus Infringement > Allegations > > Record Industry Takes Aim at Right of 'First Sale' > > San Francisco - An eBay seller is taking on Universal Music > Group (UMG) in court after the record industry giant > targeted his online music sales with false claims of > copyright infringement. > > The Electronic Frontier Foundation (EFF) and the San > Francisco law firm of Keker & Van Nest LLP are representing > Troy Augusto, whose online auctions included sales of > promotional CDs distributed by Universal. Augusto does > business on eBay under the name Roast Beast Music and > specializes in sales of rare and collectible music. > > Copyright law's "first sale" doctrine makes it clear that > the owner of a CD is entitled to resell it without the > permission of the copyright holder. Nevertheless, Universal > demanded that eBay take down Augusto's auctions, claiming > that CDs marked as "promotional use only" remain the > property of Universal and thus can never be resold. > > "When a consumer buys a CD, he gets certain rights, > including the right to resell it. Universal is mistaken if > it thinks that it can trump these rights simply by putting > a label on a CD," said Fred von Lohmann, EFF Senior > Intellectual Property Attorney. "Universal is trying to > unilaterally rewrite copyright law to the detriment of > Augusto's legitimate business and the public. Unless this > effort is blocked, it could jeopardize not only sales of > used CDs, but also libraries, used bookstores, and > businesses that rent movies and video games." > > In May, Universal filed a copyright infringement lawsuit > against Augusto. Today, EFF filed papers with the federal > court in Los Angeles answering Universal's claims and > counter-suing the company for sending bogus "takedown > notices" to eBay that resulted in the unwarranted > suspension of Augusto's auctions. > > This is not the first instance of Universal and its > affiliated companies abusing copyright law. Last month, EFF > filed suit against Universal Music Publishing Group on > behalf of a mom who had a home video yanked from YouTube > because a snippet of a Prince song could be heard in the > background. In May, UMG made baseless copyright complaints > about a video podcast by political blogger Michelle Malkin. > > EFF has also fought other efforts to override the first > sale doctrine, arguing in 2004 that Lexmark should not be > permitted to use a "label license" to prohibit the resale > of laser printer toner cartridges. > > For the answer and counterclaim: > http://www.eff.org/legal/cases/umg_v_augusto/20070806_augusto_answer.pdf > > For more on this case: > http://www.eff.org/legal/cases/umg_v_augusto/ > > For this release: > http://www.eff.org/news/archives/2007_08.php#005393 > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Senate Approves FOIA Reform Bill > > The day before adjourning for August recess, the Senate > unanimously approved S.849, the OPEN Government Act, a > bipartisan bill that is the first significant update to the > Freedom of Information Act (FOIA) in more than a decade. > When Congress is back in session, a conference will > reconcile the differences between this bill and similar > legislation passed by the House of Representatives in > March. > > Revelations about the FBI's misuse of a key PATRIOT Act > power and other privacy-invasive initiatives clearly > demonstrate the importance of government transparency. This > law will make it easier for EFF's FOIA Litigation for > Accountable Government (FLAG) project and other FOIA > requesters to keep the government accountable to the > people. > > For the bill: > http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00849: > > For more on EFF's FOIA Litigation for Accountable > Government (FLAG) Project: > http://www.eff.org/flag/ > > For this post: > http://www.eff.org/deeplinks/archives/005392.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Review Spotlights Widespread Vulnerabilities; California > Decertifies Flawed Election Equipment > > The final reports of California's "Top to Bottom Review" of > its voting systems are in, and the results aren't pretty. > On Friday, the other shoe dropped. Secretary of State Debra > Bowen, who as a candidate promised to radically overhaul > California's election technology and related procedures, > did just that. In a statement made literally at the 11th > hour -- minutes before an impending statutory deadline > expired -- Bowen announced that all of the voting equipment > analyzed in the Top to Bottom Review would be prohibited > from further use in the state unless dramatically improved > security requirements were met. > > California's blistering review exposed a wide range of > critical vulnerabilities and other design problems with > previously approved equipment from vendors Diebold, Sequoia > Systems and Hart InterCivic. These discoveries bolstered > criticisms levied by EFF and others that the country's > voting technology needs a massive overhaul if it is to earn > the legitimate trust of the voting public. > > Get the highlights in EFF Staff Attorney Matt Zimmerman's > analysis: > http://www.eff.org/deeplinks/archives/005391.php > > Read the Source Code Reports: > http://www.sos.ca.gov/elections/elections_vsr.htm > > For more about EFF's E-voting work: > http://www.eff.org/Activism/E-voting/ > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Op-Ed Outrage in the Aftermath of "FISA Modernization" > > Op-ed pages and blogs around the country are bleeding with > palpable outrage, as the country wakes up to exactly what > happened when Congress radically expanded surveillance > powers. Most are asking the same question: faced with this > atrocious legislation, how could its many opponents shrink > from the moment and let it pass? > > Dan Froomkin at the Washington Post has an excellent round- > up of editorials and news reporting since the weekend. > > Check out our complete post for a few choice bits from > opinion pieces around the Web: > http://www.eff.org/deeplinks/archives/005394.php > > Read Washington Post reporter Dan Froomkin's article, > "Who's Afraid of George W. Bush?": > http://www.washingtonpost.com/wp-dyn/content/blog/2007/08/07/BL2007080700888.html > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Another Loss for Real ID > > The REAL ID Act took another blow in the Senate last week, > hopefully putting legislators one step closer to ditching > the national ID mandate. > > An amendment tacked onto the Department of Homeland > Security Appropriations Bill would have given $300 million > in federal funds to implement the Act. This measly sum > would have done nothing to make up for the $23 billion > burden states and taxpayers will be forced to bear. > > So far, 17 state legislatures have already expressed their > opposition, and, just last month, an immigration reform > bill was scuttled as Senators refused to end debate on a > provision requiring every American to present a > standardized national ID in order to get a job. > > That's great news, but unfortunately REAL ID isn't dead yet > -- keep the momentum going and tell Congress to repeal the > Act now: > https://secure.eff.org/site/Advocacy?cmd=display&page=UserAction&id=275 > > Read the News.com article, "Senate rejects extra $300 > million for Real ID": > http://news.com.com/Senate+rejects+extra+300+million+for+Real+ID/2100-7348_3-6199220.html?tag=nefd.top > > To learn more about what's wrong with REAL ID, see EFF's > issue page: > http://www.eff.org/Privacy/ID/RealID/ > > For the ACLU's "Status of Anti-Real ID Legislation in the > States": > http://realnightmare.org/news/105/ > > For this post and related links: > http://www.eff.org/deeplinks/archives/005384.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * CCIA Targets Bogus Copyright Warnings > > Copyright warnings -- like those "FBI Warnings" on DVDs, > stickers on CDs, and warnings flashed during NFL broadcasts > -- are becoming increasingly common. Trouble is, most of > these warnings are blatantly misleading claiming that any > and all unauthorized uses are forbidden by law. Of course, > copyright has always allowed lots of unauthorized uses, > including fair uses. They are also annoying, and in the > case of DVDs, unskippable. > > Last Wednesday, the Computer & Communications Industry > Association (CCIA) filed a complaint with the Federal Trade > Commission (FTC), asking the Commission to take a number of > major corporations to task for their misleading and > intimidating copyright warnings. Targets include: the NFL, > Major League Baseball, DreamWorks, Morgan Creek (producers > of "The Good Shepherd"), and the book publishers, Harcourt > and Penguin. > > CCIA's also started a petition that will be sent to the FTC > -- sign it here: > http://defendfairuse.org/take_action.html > > Read the CCIA complaint: > http://defendfairuse.org/ftc_complaint.html > > For the full post: > http://www.eff.org/deeplinks/archives/005385.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Virginia Movie Theater Throws the Book at Teenage > Filmgoer > > Use a digital camera in a movie theater -- even for only a > few seconds -- and you may be dragged from the theater, > arrested, and charged with a serious criminal offense. > That's what happened to Jhannet Sejas on her 19th birthday, > when two police officers interrupted the showing of > Transformers she was enjoying and placed her under arrest. > > Sejas says she had no intention of selling or distributing > a pirated copy of the film. Her aim was simply to share a > few seconds of the Transformers movie with her younger > brother to get him excited about seeing the film. (Her > camera had recorded a miniscule 20 seconds of the film when > she was arrested.) Like any fan, Sejas was a paying > customer who only wanted to share her enthusiasm. > > But apparently, the owners of the theater at Ballston > Commons Mall in Virginia didn't see her that way. > > Read the full story here: > http://www.eff.org/deeplinks/archives/005389.php > > Take action now to fight the Justice Department's copycrime > proposal: > http://action.eff.org/site/Advocacy?id=299 > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Visit EFF at LinuxWorld > > Come visit EFF at this year's LinuxWorld in San Francisco, > California. We'll be in the .org Pavilion, booth L.org 6 > from Tuesday, August 7, through Thursday, August 9. Stop by > and grab some great schwag: > > http://www.linuxworldexpo.com/live/12/ > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Thank You, DEFCON! > > Another huge thank you to the folks at DEFCON and everyone > who participated last week in the dunk tank, parties, and > other events that raised funds for EFF. Also, we'd like to > extend a special thanks to Vegas 2.0 for continuing to > support us with their annual pre-DEFCON fundraising bash. > Every dollar goes to keeping up the fight for your digital > rights, and, this year, we raised more funds than ever > before. We look forward to seeing you all again at DEFCON > 2008! > > For more info about DEFCON: > http://www.defcon.org/ > > For more info about the Vegas 2.0 Summit: > http://www.vegassummit.org/ > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ Zimbabwe's New Spying Laws > Mugabe grants his government the right to intercept phone, > mail and Internet traffic. > http://www.boingboing.net/2007/08/05/zimbabwe_mugabe_enac.html > > ~ House Panel Approves Legal Shield for Bloggers > The Free Flow of Information Act would protect journalists > and bloggers alike. > http://news.com.com/2100-1028_3-6200188.html > > ~ Congress to Investigate Yahoo's Role in Chinese Rights > Case > What did Yahoo know about dissident Shi Tao when they > handed information to the Chinese government? > http://www.siliconvalley.com/portal/news/ci_6537733?nclick_check=1&_loopback=1 > > ~ File-sharing, a "Petty Offense" in Germany > German prosecutors refuse to unmask alleged file-sharers. > http://arstechnica.com/news.ars/post/20070802-file-sharing-is-a-petty-offense-say-german-prosecutors.html > > ~ UK Study of Downloading Habits > More people are downloading music, and using social > networking sites to discover new music. > http://www.entertainmentmediaresearch.com/ADMINNews/templates/emr.asp?articleid=43&zoneid=1 > > ~ Don't Sell Imports, or We'll Sue! > Universal threatens to sue retailers for selling an Amy > Winehouse import. > http://blog.wired.com/music/2007/08/universal-threa.html > > ~ "I Am the Real Fake Steve Jobs" > The blogger behind "The Secret Diary of Steve Jobs" was > revealed. > http://www.nytimes.com/2007/08/06/technology/06steve.html?ex=1344052800&en=8ab7e0cf79cf8e96&ei=5090&partner=rssuserland&emc=rss > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * 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: > Julie Lindner, Education Outreach 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. > > -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
