-------- Forwarded Message -------- > From: EFFector list <[EMAIL PROTECTED]> > Reply-To: EFFector list <[EMAIL PROTECTED]> > To: [EMAIL PROTECTED] > Subject: EFFector 20.27: FBI Records Show Gonzales Knew About Years of > Chronic NSL Problems > Date: Wed, 11 Jul 2007 14:43:30 -0500 (CDT) > > EFFector Vol. 20, No. 27 July 11, 2007 [EMAIL PROTECTED] > > A Publication of the Electronic Frontier Foundation > ISSN 1062-9424 > > In the 431st Issue of EFFector: > > * FBI Records Show Gonzales Knew About Years of Chronic > NSL Problems > * An Independence Day Resolution: Reform FOIA! > * RIAA Should Pay for Single Mom's Two-Year Ordeal > * Divided Appeals Court Rules Against ACLU on NSA > Wiretapping > * YouTube Embedding and Copyright > * Visit EFF at OSCON! > * miniLinks (10): Why the iPhone Isn't Really > Revolutionary > * 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. > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * FBI Records Show Gonzales Knew About Years of Chronic NSL > Problems > > EFF Lawsuit Uncovers History of Surveillance Mistakes > > Washington, D.C. - Documents obtained by the Electronic > Frontier Foundation (EFF) show years of chronic problems > with the Federal Bureau of Investigation's use of National > Security Letters (NSLs) to collect Americans' personal > information and that Attorney General Alberto Gonzales has > long been aware of these problems. > > The documents were disclosed after EFF sued the government > under the Freedom of Information Act (FOIA) earlier this > year for records related to a scathing Justice Department > critique of FBI NSL activity. The records detail more than > 40 instances of improper, unauthorized collection of > information about individuals, including unlawful access to > phone records and email. The records show that Gonzales > himself was sent several of these problem reports, > including one less than a week before he told a > congressional committee that no civil liberties abuses have > resulted from the USA PATRIOT Act. He also voiced surprise > when the Justice Department report on NSL misuse was made > public earlier this year. > > "These chronic privacy problems have long been known within > the Justice Department but still were kept secret from > those who really needed to know -- members of the American > public, including those who were surveilled," said EFF > Staff Attorney Marcia Hofmann. "The FBI can't be trusted to > police its own agents. It's time for Congress to provide > oversight to protect American citizens." > > The FBI's use of NSLs was expanded under the USA PATRIOT > Act in 2001, allowing federal agents to gather private > records about anyone's domestic phone calls, emails, and > financial transactions without any court approval -- as > long as an FBI agent claims that the information could be > related to a terrorism or espionage investigation. EFF > submitted a FOIA request about the reported misuse of NSLs > in March, and when no documents were forthcoming, EFF sued > the FBI for their immediate release. Last month, a judge > held that the FBI was required to release records related > to the inspector general's report beginning on July 5, with > more documents to be disclosed every 30 days. In all, 1138 > pages of NSL records were released to EFF late last week in > the first batch of documents complying with the court's > order. > > "This is by no means the whole story on NSL abuse," said > EFF Senior Counsel David Sobel. "We're looking forward to > receiving the rest of the documents. Americans deserve the > whole story on the FBI's deeply flawed program to issue > NSLs." > > For the complete FBI documents: > http://www.eff.org/flag/07656JDB/ > > For initial analysis of the documents: > http://www.eff.org/deeplinks/archives/005349.php > > For this release: > http://www.eff.org/news/archives/2007_07.php#005351 > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * An Independence Day Resolution: Reform FOIA! > > On July 4, 1966, President Lyndon Johnson signed the FOIA > into law. FOIA gave weight to a principle that is > fundamental to any democracy: the right of the people to > know what the government is doing. Forty-one years later, > FOIA remains an essential tool used by the public, public > advocacy groups (including EFF), and news organizations to > uncover information that would otherwise remain hidden from > public view. > > But a recent report from the George Washington University's > National Security Archive and the Knight Foundation shows > that FOIA is far from a perfect tool of transparency in > government. The study found that requests for information > often languish in bureaucratic limbo for years -- the > oldest dates back to 1987! The National Security Archive > actually had to use FOIA to find out how many FOIA requests > were still pending. > > Luckily, a new bill to reform FOIA is working its way > through Congress, supported by a broad coalition of > organizations that spans the political spectrum. The OPEN > Government Act (S. 849) brings much needed reform to FOIA > and puts in place incentives for federal agencies to > process FOIA requests in a timely fashion. The bill would > create a tracking system for FOIA requests so that they > don't get lost in the bowels of federal agencies, as well > as allowing requesters who prevail in FOIA litigation to > recover reasonable attorney fees. > > Meanwhile, EFF's FOIA lawsuits are making steady strides. > Along with uncovering information about National Security > Letters, we've filed suit seeking orders, rules and > guidelines issued by the Foreign Intelligence Surveillance > Court about the Administration's warrantless surveillance > program. There will be a hearing in the case on July 26 in > Washington, DC. > > Take action to support the OPEN Government Act: > http://action.eff.org/site/Advocacy?id=285 > > For this post and related links: > http://www.eff.org/deeplinks/archives/005346.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * RIAA Should Pay for Single Mom's Two-Year Ordeal > > Innocent Target of File-Sharing Lawsuit Racked Up Legal > Fees Fighting Baseless Charges > > Seattle - The Recording Industry Association of America > (RIAA) should pay for a single mom's two-year legal ordeal > fighting a baseless file-sharing lawsuit, the Electronic > Frontier Foundation (EFF) told Washington state court in an > amicus brief filed last week. > > The nightmare began for Dawnell Leadbetter in January of > 2005, when she received a letter from the RIAA that accused > her of illegally downloading copyrighted music and claiming > she owed hundreds of thousands of dollars. Leadbetter > contacted the RIAA to deny the baseless claims, and she > refused to pay any settlement monies. In response, the RIAA > sued Leadbetter, and Leadbetter hired an attorney to fight > the charges. After months of legal wrangling, the RIAA > finally dropped the case in December of 2006. But in the > meantime, Leadbetter had incurred significant attorney's > fees. > > "Ms. Leadbetter isn't the only innocent Internet user that > has been ensnared by the RIAA's litigation dragnet. But she > is one of the few who have fought back, resisting RIAA > pressure to pay settlement monies for something she did not > do," said EFF Staff Attorney Jason Schultz. "The RIAA's > settlement offers are usually less that what it would cost > to defend yourself, so it's a big commitment to hire a > lawyer to clear your name. Reimbursing Ms. Leadbetter's > attorney's fees could encourage other innocent lawsuit > targets to stand up for themselves." > > Since 2003, the RIAA has sued over 20,000 people for > allegedly sharing music over the Internet. The industry > uses questionable investigative methods tactics to find its > targets, and then it often employs erroneous legal theories > in its quest for settlement monies. In Ms. Leadbetter's > case, the suit against her included accusations of > "secondary liability" -- putting her on the hook for > anything that happened on her Internet account, whether she > knew about it or not. > > "The RIAA knows that this legal theory is wrong. But if > innocent victims are too scared to hire an attorney and > fight back, the public could suffer under the misconception > that these bogus theories are legitimate," Schultz said. > "Awarding attorney's fees to Ms. Leadbetter helps protect > everyone's rights under copyright law." > > The amicus brief was filed in U.S. District Court in > Seattle in conjunction with attorney Derek Newman of Newman > & Newman LLP. > > For the full amicus brief: > http://eff.org/legal/cases/interscope_v_leadbetter > > For more on the RIAA lawsuit campaign: > http://www.eff.org/share > > For this release: > http://www.eff.org/news/archives/2007_07.php#005347 > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Divided Appeals Court Rules Against ACLU on NSA > Wiretapping > > A federal appeals court handed down a defeat for your civil > liberties last week, ordering the dismissal of the ACLU's > case challenging the NSA's warrantless wiretapping program. > In a 2-1 ruling, the 6th U.S. Circuit Court of Appeals > found that the plaintiffs, attorneys and journalists who > had stopped communicating with their foreign clients and > sources for fear of illegal wiretapping did not have legal > standing to sue. The case was based on the President's > admissions about the warrantless wiretapping. > > Judge Ronald Gilman dissented, finding that the warrantless > surveillance program violated the law and rejecting the > President's assertion of inherent authority to break laws > in the name of national security. > > The court's decision threw out last year's district court > ruling, which found the NSA's Terrorist Surveillance > Program "violates the Separation of Powers doctrine, the > Administrative Procedures Act, the First and Fourth > Amendments to the United States Constitution, the Foreign > Intelligence Surveillance Act and Title III." > > EFF has sued AT&T on behalf of its customers for the > telecommunications giant's role in the NSA's illegal > spying, which we allege goes beyond what the President has > directly admitted and intercepts the phone and Internet > communications of millions of ordinary Americans. Last > summer, Judge Walker rejected the government's motion to > dismiss EFF's case, along with AT&T's motion to dismiss, > and allowed the case to go forward. That ruling is on > appeal and will be heard by the 9th Circuit on August 15, > 2007, in San Francisco. > > For this post and related links: > http://www.eff.org/deeplinks/archives/005348.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * YouTube Embedding and Copyright > > There seems to be a considerable amount of interest in and > confusion about the copyright law consequences of embedding > a YouTube video in your blog. In fact, the Blog Herald > recently ran a story suggesting that bloggers could be on > the hook for copyright infringement if they embed a video > that turns out to be infringing. > > Well, the news really isn't that dire. In fact, we believe > that bloggers are generally pretty safe on this score, at > least until someone notifies them that an embedded video is > infringing. > > First, it's important to understand what an embedded > YouTube video is -- it's a link. No copy of the YouTube > video is being stored on your server (only the HTML code > for the embed). The video stays on, and is streamed from, > YouTube's servers. > > That makes the embedded YouTube video essentially > indistinguishable from the in-line image links that are > used all over the Web, including in Google's Image Search. > In the recent Perfect 10 v. Amazon ruling, the Ninth > Circuit made it very clear that where in-line links are > concerned, there is absolutely no direct copyright > infringement liability. So, for purposes of direct > infringement, the answer to one question will generally > resolve the issue: where is the copy hosted? > > That leaves contributory infringement. If you link to a > video that you know is infringing, or that any reasonable > person would have known is infringing, and if your link > materially contributes to the infringement, then you could > be liable for contributory infringement -- a kind of > "aiding and abetting" liability. > > The contributory infringement test should leave plenty of > breathing room for most bloggers. Two rules of thumb should > avoid most issues -- (1) don't embed videos that are > obviously infringing, and (2) consider removing embedded > videos once you've been notified by a copyright owner that > they are infringing. > > If you want even more protection, you can register yourself > as the "Copyright Agent" for your blog (requires a form and > $80 payment to the U.S. Copyright Office), familiarize > yourself with the requirements of the DMCA's online service > provider "safe harbors" (the chief one for most bloggers > will be notice-and-takedown), and take advantage of the > same protections that shield Yahoo! and Google when they > link to sites that may include infringing materials. > > In short, embedding YouTube videos isn't that scary from a > copyright POV, at least until a copyright owner takes the > trouble to notify you. > > For this post and related links: > http://www.eff.org/deeplinks/archives/005350.php > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * Visit EFF at OSCON! > > EFF will be at the O'Reilly Open Source Convention (OSCON) > in Portland, Oregon on July 25-26. Come visit us at booth > #121, and grab some schwag: > http://conferences.oreillynet.com/os2007/ > > : . : . : . : . : . : . : . : . : . : . : . : . : . : . : > > * miniLinks > The week's noteworthy news, compressed. > > ~ Why the iPhone Isn't Really Revolutionary > Tim Wu points out that beneath the iPhone's snazzy design > lurks a standard business model. > http://www.slate.com/id/2169352/fr/flyout > > ~ The "iPhone Killer" Arrives > An open source, touch-screen, Linux-based phone that can be > used with any GSM carrier. > http://blog.wired.com/monkeybites/2007/07/the-linux-power.html > > ~ Top Secret: We're Wiretapping You > The FBI accidentally gave a DC attorney proof that he was > being wiretapped. > http://www.wired.com/science/discoveries/news/2007/03/72811?currentPage=all > > ~ Judge Dismisses New York Times Lawsuit > A FOIA request on warrantless wiretapping was thrown out by > a federal judge, citing executive privilege. > http://www.washingtonpost.com/wp-dyn/content/article/2007/07/02/AR2007070201600.html > > ~ Net Growth Prompts Privacy Update > The leading industrial nations adopt new guidelines on > privacy. > http://news.bbc.co.uk/2/hi/technology/6254650.stm > > ~ EU, U.S. to Share Passenger Data > A deal between the EU and the U.S. allows the storage of > traveler data for up to 15 years. > http://edition.cnn.com/2007/WORLD/europe/06/29/europe.data.ap/index.html > > ~ German Parliament Passes New Copyright Act > Reforms allow users to make personal copies, but not to > "break" DRM. > http://www.heise.de/english/newsticker/news/92318 > > ~ Court Holds Belgian ISP Responsible for File Sharing > ISPs in Belgium are ordered to police their networks for > piracy. > http://www.macworld.com/news/2007/07/05/filesxharing/index.php > > ~ Digital Music Sales Flex Muscles > Does good news for digital sales mean bad news for the > traditional album? > http://arstechnica.com/news.ars/post/20070705-growing-digital-music-singles-killing-the-album.html > > ~ Fake Steve Jobs: How I Put Labels on a Leash > Tells the story of how the major labels handed Apple an 80% > share of the digital music market. > <http://fakesteve.blogspot.com/2007/07/music-industry-nobs-have-finally.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, 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. > -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
