I have absolutely no desire to travel anywhere on any plan or ship at any time any longer.
(I hope Evolution sends this as text, and not RTF or HTML). PGA EFFector Vol. 19, No. 44 December 5, 2006 [EMAIL PROTECTED] A Publication of the Electronic Frontier Foundation ISSN 1062-9424 In the 405th Issue of EFFector: * American Travelers to Get Secret 'Risk Assessment' Scores * Self-Help Group Backs Off Attack on Internet Critic * Last Days of Lame Duck Congress * Major Ohio County Reconsiders E-Voting * In Memoriam: Peter Junger, Digital Freedom Fighter * Stealing Fair Use, Selling It Back to you * Sample Trolls Killing Hip Hop? * Fingerprints Used to Track Students in Schools * Get Your Holiday Gifts and Support Digital Freedom at the EFF Store! * Nominate a Pioneer for EFF's 2007 Pioneer Awards! * Nonprofit Software Development Summit in Bay Area This February * miniLinks (12): Can FBI Use Cellphone Mics to Monitor Conversations? * 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. : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * American Travelers to Get Secret 'Risk Assessment' Scores EFF Fights Huge Data-Mining Program Set for Rollout on U.S. Borders Washington, D.C. - An invasive and unprecedented data-mining system is set to be deployed on U.S. travelers, despite substantial questions about Americans' privacy. In comments sent to the Department of Homeland Security (DHS) last week, the Electronic Frontier Foundation (EFF) asked the agency to delay the program's rollout until it makes more details available to the public and addresses critical privacy and due process concerns. The Automated Targeting System (ATS) will create and assign "risk assessments" to tens of millions of citizens as they enter and leave the country. Individuals will have no way to access information about their "risk assessment" scores or to correct any false information about them. But once the assessment is made, the government will retain the information for 40 years -- as well as make it available to untold numbers of federal, state, local, and foreign agencies, in addition to contractors, grantees, consultants, and others. "The government is preparing to give millions of law-abiding citizens 'risk assessment' scores that will follow them throughout their lives," said EFF Senior Counsel David Sobel. "If that wasn't frightening enough, none of us will have the ability to know our own score, or to challenge it. Homeland Security needs to delay the deployment of this system and allow for an informed public debate on this dangerous proposal." Earlier this month, EFF's FLAG Project submitted a Freedom of Information Act (FOIA) request to DHS seeking more details about the ATS data-mining program, but the agency has not yet disclosed the requested information. For EFF's full comments to DHS: <http://www.eff.org/Privacy/ats/ats_comments.pdf> After EFF sounded the alarm and major press reports, Senator Patrick Leahy called for immediate scrutiny of the program: <http://news.yahoo.com/s/ap/20061202/ap_on_go_ca_st_pe/traveler_screening_28> For this release: <http://www.eff.org/news/archives/2006_11.php#005030> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Self-Help Group Backs Off Attack on Internet Critic Landmark Forum Withdraws Subpoena for Identity of Anonymous Poster San Francisco - A controversial self-help group has backed off its attack on an Internet critic after the Electronic Frontier Foundation (EFF) intervened in the case. Landmark Education, known for its Landmark Forum motivational workshops, served a subpoena for the identity of an anonymous user of Google Video last month, claiming that a French documentary posted by the user infringed Landmark's copyrights. The piece, entitled "Voyage Au Pays Des Nouveaux Gourous" (Voyage to the Land of the New Gurus), is highly critical of Landmark and included hidden camera footage from inside a French Landmark Forum event along with panel discussions about the group. The piece had also been posted with English subtitles on popular U.S. video sites YouTube and the Internet Archive. In a settlement reached last Tuesday, Landmark agreed to withdraw the subpoena to Google and end its quest to pierce the anonymity of the video's poster. Landmark has also withdrawn its subpoena to the Internet Archive. EFF represents both the anonymous critic and the Internet Archive. "We're glad that Landmark withdrew its subpoenas, and our client's right to speak anonymously was preserved," said EFF Staff Attorney Kurt Opsahl. "Hopefully Landmark has learned its lesson and will cease its campaign to stifle criticism by misusing the DMCA." The Digital Millennium Copyright Act (DMCA) allows a content owner to issue a subpoena for the identity of an alleged infringer without first filing an actual lawsuit. The provision can be used to intimidate Internet users who wish to remain anonymous online. As part of the settlement, Landmark released any and all claims it may have had against the anonymous poster, and the poster agreed not to re-post the video. The video is currently available online from other sources, including the Australian Cult Awareness & Information Centre, http://www.caic.org.au/ , and bit- torrent. "Landmark's legal threats took an emotional toll," said the anonymous poster, known as "John Doe" in the settlement. "When I found out that my identity might be revealed based on a bogus copyright claim, I was really worried that Landmark might try to retaliate against me." The settlement is part of EFF's ongoing campaign to protect the right of anonymous speakers on the Internet. Earlier this year, EFF helped to preserve the anonymity of online embroidery fans critical of an industry group, and also protected the identities of users of an online message board discussing Oklahoma public schools. For the letter confirming the subpoena withdrawal: <http://www.eff.org/legal/cases/landmark/letter_to_edmund_choy.pdf> For the full settlement agreement: <http://www.eff.org/legal/cases/landmark/settlement_agreement.pdf> For more on Landmark's subpoena campaign: <http://www.eff.org/legal/cases/landmark/> For the video: <http://www.caic.org.au/index.php?option=com_content&task=view&id=1243&Itemid=12> For this release: <http://www.eff.org/news/archives/2006_11.php#005029> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Last Days of Lame Duck Congress Yesterday, lame duck legislators returned for their final week before handing the reins over to the newly-elected 110th Congress next month. While it looks like there won't be any mischief on the digital freedom front this week, major record labels might once again try to sneak through mandatory restrictions in digital radio and satellite devices. Take action now to protect innovation and your right to record off the radio: <http://action.eff.org/audioflag> Legislation related to the illegal NSA spying program also may be off the table during the lame duck session, but the president and certain members of Congress could still try to push through a bad bill. Use our Action Center and call your representatives now to help stop the illegal spying: <http://action.eff.org/fisa> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Major Ohio County Reconsiders E-Voting After another election with flawed touch-screen electronic voting machines, Cuyahoga County, Ohio, may say enough is enough. The AP reports: "The commissioners of the state's most populous county are considering getting rid of touch-screen voting machines and putting in a new system for the presidential election in 2008. "'Cuyahoga County spent $14 million on the Nov. 7 election and cannot afford to spend that much every time voters go to the polls, especially the high volume that a presidential race generates,' commissioners Tim Hagan and Jimmy Dimora said." For this article: <http://news.yahoo.com/s/ap/20061129/ap_on_re_us/ohio_voting> More and more, election officials and voters are starting to see the pitfalls of e-voting and pursue real reform. Recently, EFF and a coalition of voting integrity groups, representing Sarasota County voters, filed suit in state court in Tallahassee asking for a re-vote in Florida's 13th congressional district. Learn more about the suit here: <http://www.eff.org/deeplinks/archives/005032.php> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * In Memoriam: Peter Junger, Digital Freedom Fighter Last week, digital freedom fighter Peter Junger passed away. Peter was a truly pioneering legal thinker on digital issues, and his impact was felt far outside the walls of academia. In particular, we all owe him a debt of gratitude for challenging the government's draconian restrictions on encryption and helping to establish that code is speech protected by the First Amendment. Today, strong encryption is taken for granted, whether it's keeping snoops out of your Internet communications, protecting your credit card number when you shop online, or otherwise securing your privacy. But when Peter filed his lawsuit a decade ago, export controls treated encryption as a dangerous weapon; in turn, Peter and other researchers who wanted to publish encryption code were akin to arms dealers. In 2000, the Sixth Circuit Court of Appeals held that these restrictions demanded scrutiny under the First Amendment. At the time, EFF was challenging the export controls in Bernstein v. US, and we also supported Peter in his efforts. In Junger v. Daley and beyond, Peter was fearless. His contributions to the fight for digital freedom will be sorely missed and forever celebrated. For anyone who would like to make a donation in Peter's name, please send your donation to the Cleveland Buddhist Temple, 1573 East 214th St., Euclid, Ohio 44117. For this post and related links: <http://www.eff.org/deeplinks/archives/005031.php> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Stealing Fair Use, Selling It Back to you "Apparently, Hollywood believes that you should have to re- purchase all your DVD movies a second time if you want to watch them on your iPod." That's what we said last week, commenting on the Paramount v. Load-N-Go lawsuit, in which Hollywood studios claimed that it is illegal to rip a DVD to put on a personal video player (PVP), even if you own the DVD. Well, this week the other shoe dropped. According to an article in the New York Times: "Customers who buy the physical DVD of Warner Brothers' 'Superman Returns' in a Wal-Mart store will have the option of downloading a digital copy of the film to their portable devices for $1.97, personal computer for $2.97, or both for $3.97." So you buy the DVD, and if you want a copy on your PVP or computer, you have to pay a second time. Despite the fact that you bought the DVD, and you have a DVD drive in your computer that is perfectly capable of making a personal-use copy. Imagine if the record labels offered you this "deal" for every CD you bought -- pay us a few dollars extra, and you can have a copy for your iPod. And a few more dollars, if you want a copy on your computer, too! As LA Times reporter Jon Healey puts it in his blog: "So from the perspective of the studios and federal officials, consumers have to pay for the privilege of doing the sorts of things with DVDs that they're accustomed to doing with CDs (and LPs and cassettes)." This latest bitter fruit from Hollywood is brought to you by the Digital Millennium Copyright Act (DMCA), which treats "protected" content (like the encrypted video on DVDs), differently from "unprotected" content (like every audio and video media format introduced before 1996). Thanks to the DMCA, Hollywood believes fair use personal-use copies simply do not exist when it comes to DVDs. Let's hope Congressman Rick Boucher is listening and will reintroduce his DMCA reform bill first thing next year. For this post and related links: <http://www.eff.org/deeplinks/archives/005028.php> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Sample Trolls Killing Hip Hop? In a recent article, Columbia Law Professor Tim Wu identifies an emerging threat to sample-based creativity in hip hop, the "sample troll": "The rise of rap presented a golden opportunity for Bridgeport. After years of demanding fees, in 2001, Bridgeport launched nearly 500 counts of copyright infringement against more than 800 artists and labels. The company, suing in Nashville, Tenn., located every sample of [George] Clinton or other owned copyrights it could find. It took the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still a violation of federal law. Imagine that the copyright owner of The Lord of the Rings had sued every fantasy book or magazine that dared used the words elf, orc, or troll. That gives you an idea of the magnitude of Bridgeport's campaign." Apparently, having absconded with George Clinton's copyrights, Bridgeport is now shaking down artists like Jay- Z. Of course, lawsuits like this also make it harder for lesser-known sample-based artists to get distribution, radio play, and CD pressing services. Well worth reading the whole article: <http://www.slate.com/id/2153961/> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Fingerprints Used to Track Students in Schools Despite complaints from privacy advocates and parents, schools in states across the country are considering using fingerprint scans to track students. Kids at Sandlapper Elementary in Columbia, South Carolina, have their fingerprints scanned to pay for their breakfast and check out library books, while officials at the Hope Elementary School District in Santa Barbara, California, have just announced similar plans to use finger scans to charge students for their lunches. This is only part of an unsettling trend: schools using various technologies to track students. For instance, as part of a test program, a school district in California forced students to wear school ID cards with privacy-leaking Radio Frequency Identification (RFID) chips. Thankfully, the district stopped the program -- schools and parents shouldn't trade student's privacy for a little bit of convenience. For this post and related links: <http://www.eff.org/deeplinks/archives/005009.php> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Get Your Holiday Gifts and Support Digital Freedom at the EFF Store! Spread some freedom and holiday cheer through the EFF Store. Our t-shirts, hats, 4th Amendment shipping tape, and other items make great gifts -- and the proceeds from your purchase make a fine gift to EFF: <http://secure.eff.org/shop> The store now features the latest in freedom fashion: the EFF lapel pin. This brand new item measures approximately 0.5" x 1" and features our logo on a silver background: <https://secure.eff.org/site/Ecommerce/1208356564?VIEW_PRODUCT=true&product_id=1521&CAMPAIGN_ID=1102> Donate to EFF here: <http://www.eff.org/support> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Nominate a Pioneer for EFF's 2007 Pioneer Awards! EFF established the Pioneer Awards to recognize leaders on the electronic frontier who are extending freedom and innovation in the realm of information technology. This is your opportunity to nominate a deserving individual or group to receive a Pioneer Award for 2007. The International Pioneer Awards nominations are open both to individuals and organizations from any country. Nominations are reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology. How to Nominate Someone for a 2007 Pioneer Award: You may send as many nominations as you wish, but please use one email per nomination. Please submit your entries via email to [EMAIL PROTECTED] We will accept nominations until January 15, 2007. Simply tell us: 1. The name of the nominee, 2. The phone number or email address or website by which the nominee can be reached, and, most importantly, 3. Why you feel the nominee deserves the award. Nominee Criteria: There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply: 1. The nominees must have contributed substantially to the health, growth, accessibility, or freedom of computer-based communications. 2. To be valid, all nominations must contain your reason, however brief, for nominating the individual or organization and a means of contacting the nominee. In addition, while anonymous nominations will be accepted, ideally we'd like to contact the nominating parties in case we need further information. 3. The contribution may be technical, social, economic, or cultural. 4. Nominations may be of individuals, systems, or organizations in the private or public sectors. 5. Nominations are open to all (other than current members of EFF's staff and board or this year's award judges), and you may nominate more than one recipient. You may also nominate yourself or your organization. 6. Persons or representatives of organizations receiving an EFF Pioneer Award will be invited to attend the ceremony at EFF's expense. More on the EFF Pioneer Awards: <http://www.eff.org/awards/pioneer/> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * Nonprofit Software Development Summit in Bay Area This February Are you involved in developing software for nonprofit and non-governmental organizations? Want to be? A new Non-Profit Software Development Summit will be held February 21-23, 2007, in Oakland, California. Learn more about the event here: <http://aspirationtech.org/events/devsummit> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * miniLinks The week's noteworthy news, compressed. ~ Can FBI Use Cellphone Mics to Monitor Conversations? Evidence in recent cases suggests they could. <http://news.com.com/FBI+taps+cell+phone+mic+as+eavesdropping +tool/2100-1029_3-6140191.html> ~ Companies Face New Legal Rules on Keeping Emails, Instant Messages The more logs your company keeps, the more cash legal discovery will cost you. <http://www.siliconvalley.com/mld/siliconvalley/news/editorial/16141779.htm> ~ Anti-Game Laws Shot Down Seventh Circuit and a US District Court of Louisiana both say anti-video game laws are unconstitutional. <http://psp.ign.com/articles/748/748436p1.html> ~ MPAA Kills California Anti-Pretexting Bill Said they need to masquerade as others to fight piracy. <http://www.wired.com/news/technology/0,72214-0.html?tw=rss.index> ~ Sniffing Out Piracy The Arab Anti-Piracy Union is using sniffer dogs to find "pirated" optical disks. Apparently, unauthorized distribution has a certain aroma. <http://www.khaleejtimes.com/DisplayArticleNew.asp?xfile=data/theuae/2006/November/theuae_November817.xml§ion=theuae&col=> ~ UK Music Business Rails Against "Thinkers" After Report Disapproves of Copyright Extension "I sincerely hope this government will have the moral fibre and courage to support talent, creativity, investment and success and will not duck this critical issue by conveniently hiding behind academics and other 'thinkers.'" <http://business.guardian.co.uk/story/0,,1958337,00.html> ~ The Top 10 Arguments Against DRM A free format audiobook seller provides a short and sweet description of the copy controls' problems. <http://www.learnoutloud.com/content/blog/archives/2006/11/the_top_10_argu.html> ~ What Will a Democratic Congress Mean for Digital Freedom? EFF's Derek Slater covers the rest of the legislative battlefield. <http://www.thephoenix.com/article_ektid27512.aspx> ~ Telecom Legislation in the New Congress Public Knowledge's Art Brodsky gives the state of play. <http://www.publicknowledge.org/node/742> ~ Supreme Court not Happy With the Patent System "At another point, [Chief Justice John] Roberts also ridiculed the concept of hiring expert witnesses to testify that a certain innovation was not obvious from prior art. 'Who do you get to be an expert to tell you something's not obvious?' Roberts asked aloud. 'I mean, the least insightful person you can find?'" <http://www.law.com/jsp/article.jsp?id=1164725056024> ~ Top Turkeys of the 2006 Legislative Season Roy Mark roasts Congress for their digitally foul deeds this year. <http://www.internetnews.com/bus-news/article.php/3645471> ~ A Cross-Border Defamation Law for Europe? Could that be good news for publishers being sued in other jurisdictions? <http://www.out-law.com/default.aspx?page=7530> : . : . : . : . : . : . : . : . : . : . : . : . : . : . : * 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, Activist [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/> Click here to change your email address: http://action.eff.org/addresschange This newsletter is printed on 100% recycled electrons. -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
