-------- Forwarded Message -------- > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: EFFector 20.11: Action Alert - Reform the PATRIOT Act and Stop the > Abuse of Surveillance Powers! > Date: Tue, 13 Mar 2007 18:21:49 -0500 (CDT) > > EFFector Vol. 20, No. 11 March 13, 2007 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 417th Issue of EFFector: > > * Action Alert - Reform the PATRIOT Act and Stop the Abuse > of Surveillance Powers! > * EFF Kills Bogus Clear Channel Patent > * American Studios' Secret Plan to Lock Down European TV > Devices > * Yochai Benkler, Cory Doctorow, and Bruce Schneier Win > EFF Pioneer Awards > * Senate Committee: Broadcasting Treaty Must Be Limited > * Microsoft Attacks Innovators, Not Just Google > * News Round-Up: Sunshine Week Celebrates Public's Right > to Know > * Turkey Takes Away, Then Restores Access to YouTube > * miniLinks (9): Free Speech Ain't Free > * 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 - Reform the PATRIOT Act and Stop the Abuse > of Surveillance Powers! > > The FBI has blatantly abused a key PATRIOT Act provision > and knowingly violated the law to spy on Americans' > telephone, Internet, and other personal records, as > documented in a report released by the Justice Department > last week. Congress must rein in this egregious behavior, > but it can't stop there -- the Bush Administration's > unprecedented pattern of disregarding the law stretches far > beyond the examples in this report. Tell Congress to defend > your privacy now: > <http://action.eff.org/site/Advocacy?id=283> > > Before PATRIOT, the FBI could use so-called National > Security Letters only for securing the records of suspected > terrorists or spies. But under PATRIOT, the FBI can use > them to get private records about anybody without any court > approval as long as it believes the information could be > relevant to an authorized terrorism or espionage > investigation. > > According to the Justice Department's Inspector General, > the FBI's misuse of its authority included issuing NSLs to > spy on people who weren't the subject of any existing > investigation whatsoever. The FBI also lied to Congress and > underreported its use of NSLs by many thousands. Worse > still, the FBI has ignored its own lawyers' advice and > intentionally evaded PATRIOT's thin bounds, improperly > requesting and obtaining personal records through so-called > "exigent letters" that Congress never authorized. > > That's only a sampling of the horror story painted by the > report, and, had Congress not ordered the Inspector General > to review the FBI's activities last year, these abuses > might have never been revealed. From the moment PATRIOT was > passed, we said the NSL power was ripe for abuse and > unconstitutional, and it's clearer than ever that Congress > should repeal PATRIOT's expansion of NSL powers and reform > the PATRIOT Act as a whole. > > Moreover, Congress must broadly investigate the > Administration's use of surveillance powers, including the > NSA's massive and illegal domestic spying program. Congress > and the American public have been kept in the dark about > such clear violations of the law and Americans' privacy for > far too long. Immediate and thorough oversight hearings are > necessary to uncover the truth and hold the Administration > accountable. > > Take action now: > <http://action.eff.org/site/Advocacy?id=283> > > EFF press release about the report: > <http://www.eff.org/news/archives/2007_03.php#005152> > > For a brief summary of PATRIOT's expansion of the NSL > power: > <http://www.eff.org/patriot/sunset/505.php> > > For the Inspector General's report: > <http://www.usdoj.gov/oig/special/s0703b/final.pdf> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * EFF Kills Bogus Clear Channel Patent > > Patent Busting Project Wins Victory for Artists and > Innovators > > San Francisco - The U.S. Patent and Trademark Office (PTO) > has announced it will revoke an illegitimate patent held by > Clear Channel Communications after a campaign by the > Electronic Frontier Foundation (EFF). > > The patent -- owned by Instant Live, a company formerly > owned by Clear Channel and now owned by Live Nation -- > covered a system and method of creating digital recordings > of live performances. Clear Channel claimed the bogus > patent created a monopoly on all-in-one technologies that > produce post-concert digital recordings and threatened to > sue those who made such recordings. This locked musical > acts into using Clear Channel technology and blocked > innovations by others. > > However, EFF's investigation found that a company named > Telex had in fact developed similar technology more than a > year before Clear Channel filed its patent request. EFF -- > in conjunction with patent attorney Theodore C. McCullough > and with the help of Lori President and Ashley Bollinger, > students at the Glushko-Samuelson Intellectual Property > Clinic at American University's Washington College of Law - > - asked the PTO to revoke the patent based on this and > other extensive evidence. > > "Bogus patents like this one are good examples of what's > wrong with the current patent system," said EFF Staff > Attorney Jason Schultz. "We're glad that the Patent Office > was willing to help artists and innovators out from under > its shadow." > > The Clear Channel patent challenge was part of EFF's Patent > Busting Project, aimed at combating the chilling effects > bad patents have on public and consumer interests. The > Patent Busting Project seeks to document the threats and > fight back by filing requests for reexamination against the > worst offenders. > > "The patent system plays a critical role in business and > the economy," said McCullough. "Everyone loses if we allow > overreaching patent claims to restrict the tremendous > benefits of new software and technology development." > > For the notice from the Patent Office: > <http://www.eff.org/patent/wanted/clearchannel/notice_of_intent_to_cancel.pdf> > > For more on EFF's Patent Busting Project: > <http://www.eff.org/patent> > > For this press release: > <http://www.eff.org/news/archives/2007_03.php#005155> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * American Studios' Secret Plan to Lock Down European TV > Devices > > EFF Exposes Standards Jeopardizing Innovation and Consumer > Rights > > San Francisco - An international consortium of television > and technology companies is devising draconian anti- > consumer restrictions for the next generation of TVs in > Europe and beyond, at the behest of American entertainment > giants. > > The Electronic Frontier Foundation (EFF) is the only public > interest group to have gained entrance into the secretive > meetings of the Digital Video Broadcasting Project (DVB), a > group that creates the television and video specifications > used in Europe, Australia, and much of Asia and Africa. In > a report released today, EFF shows how U.S. movie and > television companies have convinced DVB to create new > technical specifications that would build digital rights > management technologies into televisions. These > specifications are likely to take away consumers' rights, > which will subsequently be sold back to them piecemeal -- > so entertainment fans will have to pay again and again for > legitimate uses of lawfully acquired digital television > content. > > "DVB is abetting a massive power grab by the content > industry, and many of the world's largest technology > companies are simply watching," said Ren Bucholz, EFF > Policy Coordinator, Americas. "This regime was concocted > without input from consumer rights organizations or public > interest groups, and it shows." > > Despite recent record profits, American movie and > television studios insist that new technologies could ruin > their industry. In past battles against innovation, these > same studios sued to block the sale of the VCR and the > first mass-marketed digital video recorder in the U.S. > Having failed in those efforts, they have now turned to > creating technical standards that, when backed by law, are > likely to restrict consumers' existing rights and threaten > the future of technological innovation. > > With DVB, the plan begun by entertainment companies in the > U.S. has now gone global. EFF's report is aimed at alerting > European consumer groups and consumers about the dangers > posed by the proposed standards and providing informational > resources for European regulators. > > "DVB members' active indifference, even hostility, to user > rights is shameful," said EFF Staff Technologist Seth > Schoen. "When American studios ask for regulatory support > for restrictions pushed through the DVB Project, public > officials must stand up for consumer rights, sustain > competition and innovation, and tell Hollywood to back > off." > > For the full report: > <http://www.eff.org/IP/DVB/dvb_briefing_paper.php> > > EFF's 2005 Submission to the U.K. Department of Media, > Sports and Culture: > <http://www.eff.org/IP/DVB/dvb_critique.php> > > For this press release: > <http://www.eff.org/news/archives/2007_03.php#005156 > > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Yochai Benkler, Cory Doctorow, and Bruce Schneier Win EFF > Pioneer Awards > > Mark Cuban, Fred von Lohmann Square Off at Ceremony in San > Diego > > San Francisco - The Electronic Frontier Foundation (EFF) is > pleased to announce the winners of its 2007 Pioneer Awards: > Professor Yochai Benkler of Yale Law School, writer and > Boing Boing co-editor Cory Doctorow, and security > technologist Bruce Schneier. The award ceremony will > feature a debate between Mark Cuban -- HDNet Chairman and > NBA Dallas Mavericks owner -- and EFF's Fred von Lohmann on > copyright, YouTube and the future of Web 2.0. > > The 16th annual Pioneer Awards will be held at 7:30 p.m., > March 27, at the Manchester Grand Hyatt in San Diego in > conjunction with the O'Reilly Emerging Technology > Conference. > > Professor Yochai Benkler of Yale Law School researches the > effects of laws on information, knowledge, and culture in > the digital world. Benkler's important contributions > include a theoretical explanation of how the Internet has > allowed decentralized groups to produce things like > technologies and bodies of knowledge more efficiently than > any centrally organized corporation or trade-based > marketplace could. After the publication of Benkler's most > recent book, "The Wealth of Networks," Lawrence Lessig > called him "the leading intellectual of the information > age." > > Cory Doctorow is an activist, writer, blogger, and public > speaker about copyright, digital rights management, and > electronic freedom. As a co-editor of the Boing Boing blog, > he highlights critical technology issues for more than a > million readers a day. Doctorow has lectured around the > globe and has been nominated for Hugo and Nebula Awards for > his science fiction novels. Doctorow is currently the > Canadian Fulbright Chair at the USC Center on Public > Diplomacy. He was EFF's European Affairs Coordinator until > December of 2005. > > Bruce Schneier is an internationally renowned security > technologist acclaimed for his criticism and commentary on > everything from network security to national security. His > books -- including the highly influential "Secrets and > Lies" and "Applied Cryptography" -- his monthly newsletter, > and his security blog have reached hundreds of thousands of > people with candid and lucid analysis of security issues. > Schneier has often testified before Congress on security > policy. > > "This year's award winners have all provided important > analysis and criticism of our digital world, educating the > public on how electronic systems really work and what it > means to us and our future," said EFF Executive Director > Shari Steele. "I'm thrilled to honor Yochai, Cory, and > Bruce. They are truly pioneers of the electronic frontier." > > Since 1991, the EFF Pioneer Awards have recognized > individuals and organizations that have made significant > and influential contributions to the development of > computer-mediated communications and to the empowerment of > individuals in using computers and the Internet. Past > winners include World Wide Web inventor Tim Berners-Lee, > Linux creator Linus Torvalds, science fiction writer Bruce > Sterling, and Wikipedia founder Jimmy Wales, among many > others. > > Benkler, Doctorow, and Schneier were nominated by the > public and then chosen by a panel of judges. This year's > panel includes Kim Alexander (President and founder, > California Voter Foundation), Esther Dyson (Internet court > jester and blogger, Release 0.9; founding chairman of > ICANN; former chairman of EFF), Mitch Kapor (Chair, Open > Source Applications Foundation; co-founder and former > chairman EFF), Drazen Pantic (Co-director, Location One), > Barbara Simons (IBM Research [Retired] and former > presidentACM), James Tyre, (Co-founder, The Censorware > Project; EFF policy fellow) and Jimmy Wales, (Founder, > Wikipedia; co-founder, Wikia; chair emeritus of the > Wikimedia > Foundation). > > The Pioneer Awards are sponsored by Gold sponsor Sling > Media, the world's leading digital lifestyle company > offering consumer services and products. The Pioneer Awards > are also sponsored by bronze sponsors JibJab, > (www.jibjab.com) MOG, (www.mog.com) and Six Apart > (www.sixapart.com). > > Tickets to the Pioneer Awards ceremony are $35. If you plan > to attend, RSVP to [EMAIL PROTECTED] You can also pay for > your tickets in advance at: > http://secure.eff.org/pioneerfundraiser . Members of the > media interested in attending the event should email > [EMAIL PROTECTED] > > For more on attending the Pioneer Awards: > <http://www.eff.org/awards/pioneer> > > For this release: > <http://www.eff.org/news/archives/2007_03.php#005149> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Senate Committee: Broadcasting Treaty Must Be Limited > > Eighteen months ago, we heard that the controversial > proposed WIPO Broadcasting Treaty was not on the radar of > U.S. congressional representatives. That has changed, > thanks to your letters, and much hard work by a broad > coalition of public interest groups, libraries, tech > industry groups and consumer electronics corporations. > > Recently, the Chairman and the Ranking Republican Member of > the key Senate Judiciary Committee weighed in. They sent a > letter to the Register of Copyrights and Director of the > U.S. Patent and Trademark Office, which make up the U.S.'s > delegation to WIPO, expressing their concern with how the > current rights-based treaty draft will impact U.S. law and > stakeholders, and urged the U.S. delegation to advocate at > the next WIPO meeting in June for a revised treaty with a > "significantly narrower scope." > > Read more about the letter here: > <http://www.eff.org/deeplinks/archives/005144.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Microsoft Attacks Innovators, Not Just Google > > In a high-profile speech and an op-ed in the Financial > Times, Microsoft has gone out of its way to attack Google, > claiming that Google's Library Project "systematically > violates copyright" and that YouTube "knowingly tolerates > piracy." > > There is something more important here than just the latest > spat between these industry titans: the proper relationship > between copyright and innovation. In these screeds against > Google, Microsoft comes out in favor of "collaboration" -- > in other words, asking permission of affected copyright > owners before innovating. It attacks Google for > "unilateralism" -- in other words, innovating without > asking permission first. Microsoft frames the question this > way: "should business models that are built on the backs of > others' intellectual property choose a path that respects > IP, or a path that devalues it?" > > Of course, that's a loaded question, as it assumes that > "respecting IP" is equivalent to "asking permission before > innovating." Let's consider all the businesses that are, to > a lesser or greater extent, built on the backs of > copyrighted content: > > * MP3 players, iPods > * televisions and TV antennas > * photocopiers > * stereos, speakers, headphones, CD players > * audio cassette recorders > * TiVo, VCRs > * public libraries > * reading glasses > * art gallery audio tours > > The common thread between all of them? None of these > businesses asked permission from -- or paid a penny in > royalties to -- copyright owners. In several of these > cases, there had to be lawsuits in order to defend that > principle, just as Google is doing now in several of its > lawsuits. > > And it's lucky for Microsoft that prior innovators were > willing to go out on a limb and fight for the freedom to > innovate without asking permission first -- otherwise > Microsoft would have had to ask permission from all the > world's websites before it launched Internet Explorer > (built on the backs of all the websites, without asking > them permission, don't you know). > > Of course, there's nothing wrong with voluntarily > undertaking to do more than copyright law requires, as > Microsoft has with its book search product, with the Zune, > and with its proposed video service. But it's something > else altogether to say that "respect for IP" requires such > a thing. In many cases (such as Google's Library Print > Project), it does not. > > Remember, if Google wins the Google Library Project > lawsuits, the fair use principle it establishes will > benefit everyone, including those who want to scan books to > compete with Google. Microsoft's "collaborate" principle, > in contrast, will benefit only those companies who are big > enough to get big copyright owners to answer their calls -- > a world in which Microsoft will have an unfair advantage. > > So kudos to Google for standing up for fair use. And shame > on Microsoft for suggesting that only those who > "collaborate" are entitled to innovate. > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005146.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * News Round-Up: Sunshine Week Celebrates Public's Right to > Know > > Government accountability supporters throughout the country > are preparing to celebrate the public's right to know > during Sunshine Week (March 11-17), and it looks like > Congress may have the same idea. On Monday, Reps. William > Lacy Clay, Todd Russell Platts, and Henry Waxman introduced > a bipartisan bill, H.R. 1309, to make several requester- > friendly changes to the Freedom of Information Act (FOIA), > which hasn't been significantly updated since 1996. The > amendments recently got a thumbs-up from the House > Committee on Oversight and Government Reform and could be > on the House floor as early as tomorrow. > > Read more about the bill here: > <http://www.eff.org/deeplinks/archives/005150.php> > > Projects like EFF's FOIA Litigation for Accountable > Government (FLAG) project have been working hard to use > statutory tools like FOIA and the Privacy Act to uncover > the misuse of technology by the state. Josh Richman's > overview of FLAG's work in several of Sunday's papers > highlights the work our Washington office does, from > uncovering the edges of the warrantless wiretapping program > to probing the connections between the NSA and Windows > Vista's development: > <http://www.insidebayarea.com/oaklandtribune/ci_5412346> > > EFF's work monitoring Washington developments in the world > of technology are helped by many other dedicated sites, > like OpenCRS, which distributes the fascinating, but > previously restricted, Congressional Research Service > reports, and OpenSecrets, which can illustrate Washington > connections that are otherwise obscure. (Want to know why > Bill Frist was so keen on the audio flag? Inquire within.) > Researchers, coalition groups like Open The Government, and > the politicians behind H.R. 1309 help keep the tools of > exposing government sharp and relevant. > > Meanwhile, across the Net, hackers and activists have been > working to extract, sift, and present whatever information > federal and state governments do provide in a way that > ordinary citizens can use. There's now a wealth of sources > to choose from, from the amazing work by the volunteer-run > GovTrack.us, to the new OpenCongress that builds on > GovTrack's database and more, to the many new APIs that can > stitch all of this data together. > > For more information about these sites: > <http://www.eff.org/deeplinks/archives/005154.php> > > C-SPAN announced last week that its videos of Congressional > hearings, White House briefings, and other federal events > will be freely available for noncommercial copying, > sharing, and posting, so long as attribution is included. > According to the C-SPAN press release, the move recognizes > that we're in "an age of explosive growth of video file > sharers, bloggers and online citizen journalists." > > This is fantastic news! A considerable helping of the > credit belongs to Carl Malamud, who responded to a > copyright kerfuffle involving House Speaker Nanci Pelosi's > use of C-SPAN hearing footage by writing an open letter to > C-SPAN's CEO Brian Lamb challenging him to open up the > archives to enable these kinds of public uses of C-SPAN > content. Several meetings later, it appears C-SPAN decided > to rise to the challenge. > > Kudos to Carl, and kudos to C-SPAN. This is an amazing bit > of public service all around. (Full disclosure: EFF > represented Carl in connection with this issue, but we > hardly lifted a finger -- all credit goes to Carl.) > > For more information and related links: > <http://www.eff.org/deeplinks/archives/005148.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Turkey Takes Away, Then Restores Access to YouTube > > In January, Brazilian judges found themselves caught in a > hailstorm of criticism when attempting to prevent all > Brazilians from downloading a salacious video of a > celebrity. When a local ISP's only method of obeying the > order was blocking all of YouTube from Brazil, Brazilian > Net users rose up and complained. The decision was > overturned three days later. > > This week, it was Turkey, whose Istanbul First Criminal > Court ordered Turk Telekom to redirect its users away from > YouTube to prevent them from seeing a video that poured > scorn on Turkey and the country's founder, Mustafa Kemal > Ataturk. > > As in so many cases of government censorship online, > Turkey's reaction has affected the free speech rights of > thousands of innocent parties. Anti-Ataturk commentary > still exists on YouTube and elsewhere, yet the growing > legions of Turkish net users were denied access to tools to > share their own stories. As one of the four college > students who bravely petitioned the court Thursday, Kursat > Cetinkoz, said: "Banning access to the Website does not > punish those who did that (posted the videos) but the > citizens of the Turkish Republic." > > It looks as if the court will restore access now that one > video has been removed. To YouTube's credit, the company > did not remove the video. The original poster appears to > have deleted it from his or her account. > > The reaction in Turkey and fear of discovery and > retribution to the creator may have played its part in that > personal decision. For free speech online to grow, we need > to have not only network operators that cannot be > intimidated, but also sufficient safety for speakers' > anonymity. With Tor and other anti-censorship programs, > bypassing the court's censorship was straightforward -- and > publishing via anonymizers helps give intimidated speakers > the confidence to stand their ground. > > For this post and related links: > <http://www.eff.org/deeplinks/archives/005151.php> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ Free Speech Ain't Free > Will Franken, RU Sirius, and more appear in an SF EFF > benefit. > <http://www.10zenmonkeys.com/freespeech/> > > ~ The Hidden Rules of Broadband > High-volume users of Comcast find themselves thrown off for > breaking an invisible limit. > <http://www.boston.com/business/personaltech/articles/2007/03/12/not_so_fast_broadband_providers_tell_big_users/> > > ~ Do the Record Labels Even Have a Digital Strategy? > "There's no plan, no sense of direction," one digital > retailer executive says. "They're just hoping somebody is > going to figure all this out for them." > <http://www.reuters.com/article/musicNews/idUSN0925147620070310> > > ~ "Pirates" Will Buy Tracks at 20-40 Cents > And price analog hole versions of digital tracks as 24 > cents cheaper. > <http://www.concurringopinions.com/archives/2007/03/whats_the_analo.html> > > ~ Who Owns the Live Music of Days Gone By? > The New York Times on the licensing morass of live music > recordings. > <http://www.nytimes.com/2007/03/12/technology/12video.html> > > ~ The Big Brother State > Engaging video of the risks of CCTV and Trusted Computing > <http://youtube.com/watch?v=jJTLL1UjvfU> > > ~ Idaho Pulls Out of REAL ID, Alaska DMV Sued for > Supporting It > The rebellion against a national ID system spreads. > <http://blog.wired.com/27bstroke6/2007/03/another_state_p.html> > > ~ Cybercrime Treaty: What It Means to Business > "Worldwide law-enforcement agencies, in other words, may > now avail themselves of the opportunity to outsource their > most expensive problems to you." > <http://www.cioinsight.com/article2/0,1540,2100916,00.asp> > > ~ Avi Rubin Demands Verifiable Voting > ...on American Idol. > <http://avi-rubin.blogspot.com/2007/03/american-idol-i-demand-recount.html> > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * 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/> >
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