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EFFector September 2, 2005
EFFector 18.30:Action Alert - Stop Millions of Europeans From Being Treated Like Criminals
EFFector Vol. 18, No. 30 September 2, 2005 donna@eff.org
A Publication of the Electronic Frontier Foundation
ISSN 1062-9424
In the 347th Issue of EFFector:
* Action Alert: Stop Millions of Europeans From Being
Treated Like Criminals
* EFF's New Guide to Digital Music Services Reveals the
Truth About DRM
* Federal Court Slams Door on Add-On Innovation
* Identities of Anonymous Online Critics Protected
* ACLU TV Debuts "Beyond the Patriot Act"
* EFF Partners with Craigslist for Nonprofit Boot Camp,
October 8
* miniLinks (10): Tufte on Google and Privacy
* Staff Calendar: 09.02.05 - 09.05.05 - Annalee Newitz speaks
at DragonCon, Atlanta, GA; 09.13.05 - Fred von Lohmann
speaks at the FMC Policy Summit, Washington, DC
* Administrivia
For more information on EFF activities & alerts:
;
Help EFF protect privacy, innovation, and free speech.
Make a donation and become a member today!
;
Tell a friend about EFF:
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* Action Alert: Stop Millions of Europeans From Being
Treated Like Criminals
Spying on telephone and Internet traffic should be law
enforcement's last resort - carefully limited to protect
the privacy of innocent people, conducted only during
critical investigations. Unfortunately, the European
Union is contemplating passing laws that would treat all
of its citizens like criminal suspects.
Next week, the Justice and Home Affairs Council of the
EU Council of Ministers will consider forcing phone
companies and Internet service providers (ISPs)
to collect and keep records of their customers' private
phone calls and Internet communications, as well as the
location data for their mobile devices. And within the
month, another wing of the EU, the European Commission,
will unveil a draft law to make creating these records
of people's private communications compulsory all across
Europe.
What will the records contain? If these proposals
become law, European telcos and ISPs would be compelled
to log and retain for inspection everything from the
telephone numbers of every phone call, to the personal
computer address of everyone who sends and receives
email, to the time stamp, date, and size of every
message sent. They may even be forced to log every
website Internet users visit. And it doesn't stop there
- they could also be required to log and keep records
of everyone's actual physical location through their
mobile devices.
What's worse, all of this information would remain
on file for periods ranging from six months to
three years, to be handed over to *any* "competent
authority" - not just in serious criminal or terrorist
investigations, but for *any* inquiry, for the
open-ended purpose of "the prevention, investigation,
detection, and prosecution of criminal offenses."
These proposed laws don't just threaten the privacy and
freedom of EU citizens, they threaten the privacy and
freedom of people all around the world. Any
communication routed through Europe could be caught in
this dragnet. And if the EU adopts mandatory data
retention, it will make it that much easier for other
governments, including the United States government,
to push for similar measures. Indeed, the US Department
of Justice has already expressed interest in just such
an arrangement. (See ; .)
Show European decision makers that they're making a
global mistake. Join 30,000 other concerned activists
from around the world in signing a petition by
European Digital Rights (EDRI), an alliance of more
than 20 European civil liberty groups that is
leading the fight against these dangerous proposals.
Sign the petition:
;
The EU Commission's current draft data retention proposal:
;
The EU Council's draft:
;
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* EFF's New Guide to Digital Music Services Reveals the
Truth About DRM
San Francisco, CA - If you buy music from an online music
store, you may be getting much less than you thought.
This week EFF released "The Customer Is Always Wrong - A
User's Guide to DRM in Online Music," which exposes how
today's digital rights management (DRM) systems
compromise a consumer's right to lawfully manage her
music the way she wants.
The guide takes a close look at popular online music
services with built-in DRM created by Apple,
RealNetworks, and Napster 2.0, as well as Microsoft's
"Plays for Sure" DRM labeling campaign. Although
these companies claim their services allow consumers
"freedom" and the ability to play music "any way you
want it," the reality often does not live up to the
marketing hype. When you download in these formats
from online music services, the services don't trumpet
the fact that your music contains hidden restrictions
that complicate your life and limit the universe of
devices you can use to play your music. CDs purchased
20 years ago not only continue to play in every
CD and DVD player, but can also be used with any
of today's PCs and digital music players. Thanks to
DRM, however, a similar investment in music downloaded
today may be much less valuable to you 20 years
from now.
And yet bypassing the DRM to make perfectly legal
uses puts people at risk of liability under the
Digital Millennium Copyright Act (DMCA). "In this
brave new world of 'authorized digital music services,'
law-abiding music fans often get less for their money
than they did in the old world of CDs," said Derek
Slater, the Harvard student and EFF intern who
authored the guide. "Understanding how DRM and
the DMCA pose a danger to your rights will help
you to make fully informed purchasing decisions."
For this release:
;
"The Customer Is Always Wrong":
;
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* Federal Court Slams Door on Add-On Innovation
Shuts Down Open Source Videogame Server Project
St. Louis, MO - In a decision with dangerous implications
for competition, consumer choice, reverse engineering,
and innovation, the 8th Circuit Court of Appeals this
week ruled against three software programmers who
created a free, open-source program to allow gamers to
play games they purchased with others on the platform
of their choice. The court held that the Digital
Millennium Copyright Act (DMCA) prohibited the reverse
engineering needed to create the program and that
"click-wrap" and "browse-wrap" licenses are
enforceable to prevent reverse engineering.
The software program, called BnetD, allowed legitimate
Blizzard videogame owners to set up their own
multiplayer games on the Internet and enjoy dozens
of additional features instead of being locked into
Blizzard's proprietary Battle.net game service. EFF,
co-counsel for the programmers, took the case to
defend the fair-use right to reverse-engineer
software and create new programs that interoperate
with older ones.
"This ruling is bad for gamers, but it could also be
terrible for the software industry," said EFF Staff
Attorney Jason Schultz. "It essentially shuts down
any competitor's add-on innovation that customers
could enjoy with their legitimately purchased
products. Add-on innovation is one of the hottest
areas of creativity and economic growth right now
in software, and this decision will slow investment
and development in that field."
The court ruled that Congress' explicit protections
for reverse engineering and add-on innovation in the
highly controversial DMCA are too narrow and weak to
protect innovators from lawsuits when the software
they create is used for illegal copying, even if the
copying occurs without the knowledge or participation
of the program's creators. The court also ruled that
clicking on a EULA's "I Agree" button, common when
installing almost any software product purchased
today, can be used to force both consumers and
competitors out of the marketplace for add-on
innovation.
"Those who have been claiming that the DMCA does not
threaten reverse engineering are plainly wrong,"
added Schultz. "The DMCA has become a powerful
anticompetitive tool, and that means consumers will
see fewer innovative products in the marketplace."
For this release:
;
For the ruling:
;
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* Identities of Anonymous Online Critics Protected
Free Speech Prevails When More Than 100 Defendants Are
Dropped from Suit in Utah
Utah - Private information about anonymous online critics
was protected last week when a Utah man dropped his
lawsuit against people who had allegedly made critical
comments about him on message boards and blogs, including
the Yahoo! SCOX board. The plaintiff in the case had
asked the court to let him use the subpoena process to
unmask his anonymous "John Doe" critics.
EFF and the ACLU of Utah opposed his efforts, filing a
friend-of-the-court brief arguing that the First Amendment
prohibits such subpoenas unless the court first confirms
the merits of the litigant's claims. The Utah District
Court agreed and demanded that the plaintiff submit
additional information showing his good faith efforts to
contact the defendants, the likelihood of jurisdiction,
and the viability of his claims. Instead, the plaintiff
declined to submit the requested information and
dismissed the anonymous Yahoo! message board defendants
from the case.
"In keeping with the nationwide trend, the Utah District
Court recognized that an online speaker's identity
should not be exposed unless the litigant can show that
the claims are viable and that the litigant has no other
way of getting the information," said EFF Staff Attorney
Corynne McSherry. "The court made the right call."
The plaintiff stated on his website that he had decided
"anonymous speech is worth protecting." EFF agrees.
For this release:
;
For the amicus brief:
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* ACLU TV Debuts "Beyond the Patriot Act"
Join grassroots groups and households around the country
who, during the first two weeks of September, will be
hosting premieres of the ACLU's "Beyond the Patriot Act"
- a 30-minute program from producers of "Outfoxed" and
"Unconstitutional." The program, the first in a series
called "The ACLU Freedom Files," is designed to spark
action and reveal how civil liberties affect real people
every day. It features stirring accounts of current cases,
as well as well-known actors, activists, and comedians.
Hosting a showing is easy and energizing - and it's a
great way to mobilize people and influence the debate
that's about to resume in Congress. You can see the
program on television or on the Web, and DVDs are
available for purchase. Check out the website for
details on scheduled broadcasts and organizing a local
showing:
;
More about the Patriot Act:
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* EFF Partners with Craigslist for Nonprofit Boot Camp,
October 8
EFF is proud to partner with the Craigslist Foundation for
its 2nd Annual Nonprofit Boot Camp, a conference aimed at
fostering nonprofit leadership and collaboration. Join
more than 1,300 emerging nonprofit leaders to get educated
in all aspects of successfully starting and running a
nonprofit, find inspiration, and get connected with peers
and valuable resources.
Registration includes the conference and evening Networking
Reception, as well as breakfast, lunch, and dinner.
Learn more and register online at:
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* miniLinks
miniLinks features noteworthy news items from around the
Internet.
~ Privacy for Sale
Site offering medical insurance leads has sample client-
fishing profiles available for purchase. Information
culled from web searches for insurance includes
records on treatment for AIDS and curing your smoking
habit:
;
~ New Trademark Law: Where's the Beef?
Paul Levy of Public Citizen takes a close look at the
fair-use failings of the current version of the Trademark
Dilution Revision Act:
;
Here's where you can tell your representative you don't
support the bill:
;
~ Tufte on Google and Privacy
The information design guru argues that users might want
to regularly hide their IP addresses:
;
~ Web Fame, Chinese Style
How the Chinese authorities are failing to censor an
online celebrity:
;
~ Snooping con Tutti
How lax wiretapping controls in Italy make hundreds of
private conversations public knowledge:
;
~ The Rise of CALEA
MIT Tech Review on the many reasons why forcing certain
broadband and VoIP providers to build backdoors for
easy government surveillance is such a terrible idea:
;
~ Canada's Big Brother Plan to Reshape the Internet
Michael Geist looks at Canada's new plans for - you
guessed it - network surveillance:
;
~ High-Tech Hot Spots
Copyfighters Nelson Pavlosky and Siva Vaidhyanathan
hit the mainstream with Newsweek's look at the
ever-increasing tech smarts of college students:
;
~ An Illustrated Guide to IPSec
Today's visual brain-stretcher: a pictorial guide to
IPSec, the secure standard for IP:
;
~ To DMCA or Not to DMCA - Australia Decides
A consultation on whether there will be DMCA-like
anti-circumvention rules Down Under has begun. Kim
Weatherall has the scoop:
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* Staff Calendar
For a complete listing of EFF speaking engagements (with
locations and times), please visit the full calendar:
;
September 2-5 -
Annalee Newitz speaks at DragonCon, Atlanta, GA
;
September 13 -
Fred von Lohmann speaks at the 2005 Future of Music
Coalition Policy Summit
"IP in a Post-Grokster World"
3:15 p.m - 4:15 p.m.
George Washington University Lisner Auditorium
Washington, DC
;
: . : . : . : . : . : . : . : . : . : . : . : . : . : . :
* 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:
Donna Wentworth, Web Writer/Activist
donna@eff.org
Membership & donation queries:
membership@eff.org
General EFF, legal, policy, or online resources queries:
information@eff.org
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:
;
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