-------- Original Message --------
Subject: EFFector 18.29: Help Reverse-Engineer the Secure Flight Database
Date: Thu, 25 Aug 2005 12:14:14 -0700 (PDT)
From: EFFector list <[EMAIL PROTECTED]>
Reply-To: EFFector list <[EMAIL PROTECTED]>
Organization: EFF
To: [EMAIL PROTECTED]

EFFector  Vol. 18, No. 29  August 25, 2005  [EMAIL PROTECTED]

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

In the 346th Issue of EFFector:

 * Action Alert:  Request Your File and Help Reverse-Engineer
   the Secure Flight Database!
 * Sun's "Open Media Commons" Is More Like a Gated Community
 * Digital Artists Deserve the Right to Copy Movies
 * EFF Wants You to Make Online Anonymity Easy:
   Announcing the Tor Graphical User Interface Competition
 * EFF Launches Cooperating Techs Listserv - Take Two
 * Thank You, LinuxWorld!
 * miniLinks (11): Court: DMCA Can't Prohibit Third-Party Repairs
 * Staff Calendar: 09.02.05 - 09.05.05 - Annalee Newitz speaks
   at DragonCon, Atlanta, GA
 * Administrivia

For more information on EFF activities & alerts:
 <http://www.eff.org/>

Help EFF protect privacy, innovation, and free speech.
Make a donation and become a member today!
 <http://secure.eff.org/support>

Tell a friend about EFF:
 <http://action.eff.org/site/Ecard?ecard_id=1061>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Action Alert: Request Your File and Help Reverse-Engineer
the Secure Flight Database!

Just what did the Transportation Security Administration
(TSA) do with the more than 100 million personal data
records it obtained while testing the Secure Flight air
travel monitoring system?  And whose personal travel
records - including name, birth date, phone number,
mailing address, itinerary, and credit card information
- did TSA rifle through?

When four Alaska residents filed a Privacy Act request to
find out, officials said they couldn't locate the records.
That same day, TSA announced they had already destroyed
some of the records provided by the airlines.

We sure hope that TSA isn't shredding the evidence!

TSA says that 3 million of 15 million passenger records
that were handed over by the airlines have already been
deleted.  The fate of the remaining 12 million records
is unclear, as is the status of over 100 million
commercial data files that private contractors later
collected, based on variations of 42,000 passenger names
plucked from eight airlines.

The fact that the contractors collected and passed on this
extra information means that TSA didn't just get travel
records of people who flew in June of 2004.  It matched
travel records with commercial records that contained
information supplied to credit bureaus, such as the credit
cards you have and your credit history.

Even more troubling is the fact that TSA collected
commercial records for people who didn't even fly!  *If
your name is a variation on the name of one of the
passengers in the initial database, TSA may have a file
on you.*

The four Alaska residents are requesting that the deletion
of Secure Flight records stop until a search for their
records - and any others seeking to discover what happened
in Secure Flight - is complete.  Right now, they're suing
to stop the deletion.

Here's how you can help.  You can request your own records,
pushing TSA to freeze any plans to purge the database
until all your questions are answered.

Your request will not only pressure TSA to come clean about
Secure Flight's test phase, it will also help
"reverse-engineer" the program - giving us a clear view
of how TSA will treat your private information when
Secure Flight is fully implemented.

Don't let TSA continue to abuse the public's trust -
request your file today:
<http://action.eff.org/secureflight>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Sun's "Open Media Commons" Is More Like a Gated Community

EFF Warns Consumers That Digital Rights Management Is
Incompatible with Fair Use

San Francisco, CA - On Monday, Sun Microsystems announced
its new "Open Media Commons," a digital rights management
(DRM) project that the company claims will foster sharing
of media while protecting copyrights.  However, Sun has
offered no evidence that its DRM system will be any better
than the Microsoft DRM that it's supposed to challenge.

"No one woke up this morning and said, 'I wish Sun would
figure out a way to let me do less with my music and
movies,'" said Cory Doctorow, EFF's European Affairs
Coordinator.  "DRM doesn't sell hardware, software, or
movies.  The only reason to build DRM is to trade your
users' freedoms for a bit of favor from the entertainment
companies, a promise that they'll generously allow your
record player to play their records - provided it meets
with their approval.  If Sun wants to ship technology
that competes with Microsoft DRM, it should start by
asserting that copyright holders never get to design
the record players their records play on."

Any software system, open or not, that blocks users from
making legal use of digital content is not consumer
friendly.  And DRM systems are notorious for blocking
people from making fair uses of content by preventing
the duplication of all works, even if those works are
in the public domain, are being copied for educational
purposes, or are publicly owned materials such as
government-gathered facts.  Because the Digital
Millennium Copyright Act (DMCA) makes it illegal to
circumvent DRM, there is no lawful way for people to
override DRM systems - even if they are doing it to
make legal copies.

Sun says one of its goals with Open Media Commons is
specifying "open, royalty-free digital rights management
and codec standards" to "[ensure] intellectual property
protection."  The problem with this approach is that
making DRM "open" and "royalty-free" doesn't make it
any less capable of restricting the public's rights
under copyright.

Using "commons" in the name is unfortunate, because it
suggests an online community committed to sharing
creative works.  DRM systems are about restricting
access and use of creative works.  A better way to
protect the public's ability to make fair use of
their media is to support the Digital Media Consumers'
Rights Act (DMCRA, HR 1201).  That bill would permit
people to circumvent DRM on media in order to make
a legal use of that media.

For this release:
<http://www.eff.org/news/archives/2005_08.php#003929>

Support DMCA Reform - Help Pass HR 1201!
<http://action.eff.org/site/Advocacy?id=115>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Digital Artists Deserve the Right to Copy Movies

EFF Asks Federal Court to Save Fair Use on "Intermediate
Copies"

Colorado - EFF this week asked the Colorado Federal District
Court to rule that copying an entire movie to a computer
to make a new, lawful work is fair use.  The case,
Huntsman v. Soderbergh, involves the companies Family
Flicks and Play It Clean Video, which make and distribute
copies of movies with sexual and violent content removed.
To make these "clean" copies of popular films, the
companies must first make an "intermediate copy" of the
entire movie on a computer in order to edit it.

Members of the Motion Picture Association of America (MPAA),
along with several prominent film directors, claim that
copying movies in order to make them "clean" is copyright
infringement.  In a friend-of-the-court brief, EFF argues
that as long as making clean movies is not itself an
infringing activity, the practice of making intermediate
copies should be considered non-infringing also.

This is a important point, because intermediate copies
are crucial to the process of creating new copyrighted
works.  A documentary filmmaker, for instance, might
need to make temporary intermediate copies of movies
in order to get footage for a film.  In the software
industry, the process of duplicating a copyrighted work
to make an original work is known as reverse engineering,
and it has been ruled a fair use in several courts.

"People who make movies should have the same rights
software engineers have had for years," said EFF Staff
Attorney Jason Schultz.  "Fair use makes new art possible."

For this release:
<http://www.eff.org/news/archives/2005_08.php#003927>

For the amicus brief:
<http://www.eff.org/legal/cases/Huntsman_v_Soderbergh/20050822_eff_amicus.pdf>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* EFF Wants You to Make Online Anonymity Easy

Announcing the Tor Graphical User Interface Competition

San Francisco - Now information designers can make it easier
for people to protect themselves online.  The developers
of Tor, a software tool for communicating anonymously
online, this week announced the Tor graphical user interface
(GUI) competition.  Entrants will create a usable and
aesthetically pleasing GUI for the Tor program, which
will allow people to install and configure Tor easily
and monitor the software's performance while it's running.

"Security depends on knowing what's working correctly
and what isn't," said Roger Dingledine, Tor project
leader.  "A good interface tells users what's going on
so they can make smart decisions."

Tor, which is currently being developed with support
from EFF, helps anonymize web browsing and publishing,
instant messaging, IRC, SSH, and other applications
that use the TCP protocol.  Tor also provides a platform
on which software developers can build new applications
with built-in anonymity, safety, and privacy features.

The competition has two phases.  First, there will be a
design competition where entrants can submit mock-up
sketches of good interfaces.  Second, there will be a
competition to create working implementations of good
interfaces.  People are encouraged to submit to either
phase or both phases.  Winning entries will be open
source, exhibit strong graphic design, and include an
intuitive and simple interface.  Students, freelancers,
and professionals at all levels are encouraged to
enter.  Everyone who enters will get a free Tor t-shirt,
and the best sketches and working implementations
will be published on the Tor website.

The competition winners will be announced at the 2006
Symposium On Usable Privacy and Security (SOUPS)
conference.

For this release:
<http://www.eff.org/news/archives/2005_08.php#003915>

The Tor GUI competition rules:
<http://tor.eff.org/gui/>

SOUPS conference:
<http://cups.cs.cmu.edu/soups/>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* EFF Launches Cooperating Techs Listserv - Take Two

Not long ago we told you about our new "Cooperating
Techs" listserv to help connect technologists with
attorneys working on cases that are core to EFF's
mission but beyond what we can handle in-house.  After
a couple of weeks with only a few responses, we realized
we made a technical mistake with the email alias for
signing up!

Now that we've recognized our error - as well as the
irony - we've corrected the problem.  If you're a
technologist who'd like to apply your skills to the
fight for digital civil liberties, please send - or
re-send - an email to [EMAIL PROTECTED]   We promise
that this time, your request will get through - and
you'll even get a confirmation notice to prove it!

For more information about how the list will work, see:
<http://www.eff.org/effector/18/25.php#VI>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Thank You, LinuxWorld!

Many, many thanks to all who stopped by the EFF booth at
the San Francisco LinuxWorld Conference & Expo.  And an
extra THANK YOU to everyone who gave to support our work.
Donations at the conference totaled just over $13,000 -
every penny of which will go to defending free
speech, fair use, innovation, and privacy online!

If you didn't get a chance to join EFF at LinuxWorld,
it's not too late - become a member today!
<http://secure.eff.org/support>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* miniLinks
miniLinks features noteworthy news items from around the
Internet.

~ Court: DMCA Can't Prohibit Third-Party Repairs
A federal court has reversed the decision that said that
StorageTek, which makes tape library backups, could use
the DMCA to sue anyone who serviced its devices:
<http://fedcir.gov/opinions/04-1462.pdf>
EFF's own Jason Schultz picks out the good bits:
<http://www.eff.org/cgi/tiny?urlID=529>
(Copyfight)

~ Thomas Congressional Database to Be Revamped
All kinds of rumored new features.  One thing's for
sure - it'll probably break all those web-scrapers:
<http://www.fcw.com/article90072-08-17-05-Web>

~ The Web of Law
Legal cites have the same scale-free network topology as
scientific papers, the Web, and that dumb social-
networking site you joined once:
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=642863>

~ The Section 108 Study Group
The Library of Congress has convened a group of experts
to deliberate on the future of copyright exemptions for
libraries and archives - not an easy gig:
<http://www.loc.gov/section108/>

~ The Broadcast Flag Should Be Scrapped, Not "Fixed"
The Center for Democracy & Technology is waffling on the
"broadcast flag" technology mandate, which was defeated
in court but threatens to return in Congress:
<http://news.com.com/2061-10796_3-5842143.html>
Here's our take:
<http://www.eff.org/deeplinks/archives/003930.php>

~ Customers of UK ISP Get to Share all the Sony Music
They Want
And the *artists get paid.*  What a great idea!
<http://www.boingboing.net/2005/08/22/customers_of_new_uk_.html>

~ Convoluted Copyright Regime Made Slightly Easier
Want to know whether something is in the public domain?
Simply follow this six-deep, sixteen-node, seven-footnoted
flowchart:
<http://www.bromsun.com/practice/copyrights/flowchart.html>

~ And that Diaper Pin - Definitely a Concealed Weapon
Babies as young as two years old are being identified
and detained as potential terrorists by TSA officials
just following the rules:
<http://sfgate.com/cgi-bin/article.cgi?file=/n/a/2005/08/15/national/w115806D06.DTL&type=printable>

~ Muni Electricity, Muni Broadband
National Journal compares the current fight for municipal
broadband with the fight for municipal utilities in
the 1900s:
<http://njtelecomupdate.com/lenya/telco/live/tb-YXUG1123795635336.html>

~ Umm - Is She a Munition, Too?
ACM comments on the refusal to allow the researcher
who broke SHA-1 into the US:
<http://www.acm.org/usacm/weblog/index.php?p=310>

~ Fasten Your Seatbelts
Ed Hasbrouck with an overview of what's happening with
the increasingly troubled Secure Flight program:
<http://hasbrouck.org/blog/archives/000731.html>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Staff Calendar
For a complete listing of EFF speaking engagements (with
locations and times), please visit the full calendar:
<http://www.eff.org/calendar/>

September 2-5 -
Annalee Newitz speaks at DragonCon, Atlanta, GA
<http://www.dragoncon.org/>

: . : . : . : . : . : . : . : . : . : . : . : . : . : . :

* Administrivia

EFFector is published by:

The Electronic Frontier Foundation
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 http://www.eff.org/

Editor:
Donna Wentworth, Web Writer/Activist
 [EMAIL PROTECTED]

Membership & donation queries:
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Random Logic/Dream Park
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