A U.S. District Court Judge in California today ruled that so-called National Security Letters, used by government agencies to force business and organizations to turn over information on citizens, are unconstitutional. Judge Susan Illston ordered the government to stop using them, but gave the government a 90-day window to appeal the decision, during which the NSLs may still be sent out. The letters were challenged by the Electronic Frontier Foundation on behalf of a telecom who was ordered to provide data. "The telecom took the extraordinary and rare step of challenging the underlying authority of the National Security Letter, as well as the legitimacy of the gag order that came with it. Both challenges are allowed under a federal law that governs NSLs, a power greatly expanded under the Patriot Act that allows the government to get detailed information on Americans’ finances and communications without oversight from a judge. The FBI has issued hundreds of thousands of NSLs and been reprimanded for abusing them — though almost none of the requests have been challenged by the recipients. After the telecom challenged the NSL, the Justice Department took its own extraordinary measure and sued the company, arguing in court documents that the company was violating the law by challenging its authority. The move stunned the Electronic Frontier Foundation, which is representing the anonymous telecom. ... After heated negotiations with EFF, the Justice Department agreed to stay the civil suit and let the telecom’s challenge play out in court. The Justice Department subsequently filed a motion to compel in the challenge case, but has never dropped the civil suit."

NewYorkCountryLawyer writes "The Electronic Frontier Foundation has entered the fray to defend the bloggers sued by Prenda Law Firm. Prenda, oblivious to such well known legal niceties as the Federal Rules of Civil Procedure, the affirmative defense of truth, the difference between a defamatory statement of fact and the expression of a negative opinion, and the First Amendment, has immediately — and illegally — sought to subpoena information leading to the identities of the bloggers. I would not be surprised to see these "lawyers" get into even more hot water than they're already in. And I take my hat off to the EFF for stepping in here."

Dangerous_Minds writes "This last week, the Copyright Alert System was rolled out. Now that everyone is getting a better idea of what the alert system looks like, criticisms are building against the system. Freezenet says that the mere fact that ISPs are using a browser pop-up window opens the floodgates for fraudsters to hijack the system and scam users out of money. The EFF criticized the system because the educational material contains numerous flaws. Meanwhile, Web Pro News said that this system will also hurt small business and consumers."

Mr_Blank writes "Organizations like the EFF and ACLU have been raising the alarm over increased government surveillance of U.S. citizens. Legislators haven't been quick to respond to concerns of government spying on citizens. But Texas legislators are apparently quite concerned that private citizens operating hobby drones might spot environmental violations by businesses. Representative Lance Gooden has introduced HB912 which proposes: 'A person commits an offense if the person uses or authorizes the use of an unmanned vehicle or aircraft to capture an image without the express consent of the person who owns or lawfully occupies the real property captured in the image. ('Image' is defined as including any type of recorded telemetry from sensors that measure sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions.)' Can you foresee any unintended consequences if this proposal becomes law?" Another reader notes that New Hampshire has introduced a similar bill: "Neal Kurk, a Republican member of New Hampshire's House of Representatives knows that those drones present a growing privacy concern, and in response has introduced a bill that would ban all aerial photography in the state. That is, unless you're working for the government. The bill, HB 619-FN (PDF), is blessedly short, and I suggest reading the whole thing for yourself." Here's part of the bill: "A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground."

call -151 writes "An editorial appearing in the ACM notices complains about the effects of the Elsevier boycott particularly with respect to academics refusing to do unpaid review for for-profit journals, particularly the extortionate Elsevier journals. Mathematician Tim Gowers's post gave energy to this about a year ago and recently he reflected on progress in several directions, including developing new arXIv overlay journals. Not disclosed in the ACM editorial is that the author serves on three Elsevier editorial boards; I take it that his complaining about the difficulty of finding referees is an indication that the boycott is having some good effect. Open access issues in academic publishing have been discussed on Slashdot before and it's a good sign that the broader issue has been getting good exposure, including a reasonable White House directive in response to a strong petition effort."

Zordak writes "According to Law 360, H.R. 845, the 'Saving High-Tech Innovators from Egregious Legal Disputes' (SHIELD) Act of 2013 would require non-practicing entities that lose in patent litigation to pay the full legal costs of accused infringers. The new bill (PDF) would define a 'non-practicing entity' as a plaintiff that is neither the original inventor or assignee of a patent, and that has not made its own 'substantial investment in exploiting the patent.' The bill is designed to particularly have a chilling effect on 'shotgun' litigation tactics by NPEs, in which they sue numerous defendants on a patent with only a vague case for infringement. Notably, once a party is deemed to be an NPE early in the litigation, they will be required to post a bond to cover the defendants' litigation costs before going forward."

On January 26th, unlocking a cell phone that is under contract became illegal in the U.S. Just before that went into effect, a petition was started at whitehouse.gov to have the Librarian of Congress revisit that decision. "It reduces consumer choice, and decreases the resale value of devices that consumers have paid for in full. The Librarian noted that carriers are offering more unlocked phones at present, but the great majority of phones sold are still locked." The 30 days time limit on the petition is almost up, and it's about 11,000 signatures shy of the amount necessary to ensure a response from the Obama administration (100,000 total, recently increased from 25,000). The creator of the petition received a Cease & Desist letter from Motorola in 2005 for selling software that would allow users to unlock their phones, and he thinks it's only a matter of time before such legal threats begin again. This is part of a larger battle to protect the way consumers can use their devices. While it's still legal for people to root their phones, the Librarian of Congress failed to expand that legal protection to tablets, even though the devices are incredibly similar. The Librarian's decision (PDF) needs further review, and if the White House petition doesn't get enough signatures by February 23, such a review may not happen.

Last week you had a chance to ask former Republican staffer Derek Khanna about his well publicized firing, copyright law, and the state of the government. Read below to see his answers to your questions.

sfcrazy writes "Mark Shuttleworth has for the first time talked about the privacy issues in Ubuntu Dash after being criticized by EFF and FSF. He mentioned some changes in the way use can 'disable' the search results. However the company has showed that under no circumstances they will disable the online search by default as demanded by EFF and FSF. Shuttleworth was simply spinning the wheel moving things around to give an impression that something has been done where as the core problem remains — Dash sends keystrokes by default and legally every user agrees to send such keystrokes to PRODUCT.canonical.com server to be shared with partners like Facebook."

ptorrone writes "In a welcome turn of events, President Barack Obama spoke directly to the patent troll problem and the need for more comprehensive patent reform yesterday in a 'Fireside Hangout' — a live question and answer session (video) hosted in a Google+ hangout. The President was responding to a question by the prominent electrical engineer and entrepreneur Limor 'Ladyada' Fried of Adafruit Industries, who in 2009 won an EFF Pioneer Award for her work with free software and open-source hardware."

Juha Saarinen sends news that the Electronic Frontier Foundation has proposed a fix for software patents in general and patent trolls in particular: requiring applicants to provide specifics about their solution. They say the applications should include working code, or at least "detailed, line-by-line notations explaining how their code works." "And if they do get a patent, they should be limited to the invention they claimed. We think software patents are bad news, and incredibly harmful to our society and economy. We wish we didn’t have to deal with them at all. But by fixing the functional claiming problem, and limiting patentees to a narrow invention that they actually came up with, we would also limit the amount of harm those patents could cause. The Patent Office does not (yet) have the power to get rid of software patents entirely, but it can fix the functional claiming problem."

An anonymous reader writes "Last night before the State of the Union speech, President Obama signed an executive order for improving cybersecurity of critical infrastructure (PDF). The highlights of the order are: 'information sharing programs' for the government to provide threat reports to industry; an overarching cybersecurity framework developed by NIST to figure out best practices for securing critical infrastructure; and reviews of existing regulations to make sure they're effective. The ACLU supports the Order, as does the EFF. '"A lot of what this shows is that the president can do a lot without cybersecurity legislation," said Mark Jaycox, policy analyst and legislative assistant for the Electronic Frontier Foundation, who points out that the executive order satisfies the need for information sharing without the privacy problems that existed under legislative proposals where loopholes would have allowed companies to dump large amounts of data on the government in an effort to obtain legal immunities. Without those immunities, companies will by nature be more circumspect about what they provide the government, thus limiting what they hand over, Jaycox said.'"

netbuzz writes "Spurred by the mark holder's cease and desist letter to Reddit's subreddit r/gaymer, the Electronic Frontier Foundation today officially petitioned the U.S. Patent and Trademark Office to rescind its grant of a trademark registration on the word "gaymer". 'This registration should never have been granted,' said EFF Intellectual Property Director Corynne McSherry. 'Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.'"

judgecorp writes "The European Commission has proposals for data privacy (including the 'right to be forgotten') and the U.S. government is opposing them. Now U.S. activists have arrived in Brussels to lobby against their government's opposition to the European measures. The move comes following reports of 'extreme' lobbying by U.S. authorities against the European proposals." Although the "right to be forgotten" raises some free speech issues, it doesn't seem like a bad idea in principle.

An anonymous reader writes "An article in the NY Times makes the case that Graph Search, Facebook's recently unveiled social search utility, will be a test for users of the social networking site which will have consequences for the internet at large. The test will show whether people are willing to take the next step in sharing parts of their lives, and whether social search is the future for online interaction. '...the company engineers who created the tool — former Google employees — say that the project will not reach its full potential if Facebook data is "sparse," as they call it. But the company is confident people will share more data, be it the movies they watch, the dentists they trust or the meals that make their mouths water.' CompSci professor Oren Etzioni says it's a watershed moment for the social internet because of the scale at which Facebook operates. A decade ago, people began making the choice to share their lives online; buying into social search would be the biggest step since then. A related post by the Electronic Frontier Foundation can be summed up with this single line: 'If you walk down a crowded public street, you are probably seen by dozens of people—but it would still feel creepy for anyone to be able to look up a list of every road you've walked down.'"

sfcrazy writes "The year 2012 has not been very good for Canonical and Ubuntu. The end of the year saw harsh criticism of Ubuntu from bodies like EFF and FSF which accused the operating system of 'data leak,' 'privacy invasion' and adding 'spyware' features. Now, Gnome Shell is also getting online shopping lens. Alan Bell has created a Gnome Shell extension which allows a user to conduct online shopping search right from Gnome's Dash. You can install the extension from this link. Once installed you can start searching for online shopping by hitting 'super' key and then enter your search term. One of the greatest differences between the implementations is who is in control. Gnome's Shopping lens shows how it should have been done in the first place, as it puts the user in control, and not the company whose OS you are using. Bell has explained it very well on his blog."

New submitter electron sponge writes "On Friday morning, the Senate renewed the FISA Amendments Act (PDF), which allows for warrantless electronic eavesdropping, for an additional five years. The act, which was originally passed by Congress in 2008, allows law enforcement agencies to access private communications as long as one participant in the communications could reasonably be believed to be outside the United States. This law has been the subject of a federal lawsuit, and was argued before the Supreme Court recently. 'The legislation does not require the government to identify the target or facility to be monitored. It can begin surveillance a week before making the request, and the surveillance can continue during the appeals process if, in a rare case, the secret FISA court rejects the surveillance application. The court’s rulings are not public.'" The EFF points out that the Senate was finally forced to debate the bill, but the proposed amendments that would have improved it were rejected.

As part of their 2012 in review series, the EFF takes a look at how blasphemy laws have chilled online speech this year. A "dishonorable mention" goes to YouTube this year: "A dishonorable mention goes to YouTube, which blocked access to the controversial 'Innocence of Muslims' video in Egypt and Libya without government prompting. The Arabic Network for Human Rights Information, a group based in Egypt, condemned YouTube's decision."

The Electronic Frontier Foundation recaps two court cases pending in the U.S. which will decide whether you're allowed to re-sell the things you purchase. The first case deals with items bought in other countries for resale in the U.S., such as textbooks. An unfavorable decision there would mean "anything that is made in a foreign country and contains copies of copyrighted material – from the textbooks at issue in the Kirtsaeng case to shampoo bottles with copyrighted labels – could be blocked from resale, lending, or gifting without the permission of the copyright owner. That would create a nightmare for consumers and businesses, upending used goods markets and undermining what it really means to 'buy' and 'own' physical goods. The ruling also creates a perverse incentive for U.S. businesses to move their manufacturing operations abroad. It is difficult for us to imagine this is the outcome Congress intended." The second case is about whether music purchased on services like iTunes can be resold to other people. "Not only does big content deny that first sale doctrine applies to digital goods, but they are also trying to undermine the first sale rights we do have by forcing users to license items they would rather buy. The copyright industry wants you to "license" all your music, your movies, your games — and lose your rights to sell them or modify them as you see fit."

l2718 writes "The Electronic Frontier Foundation announced today a large donation by Mark Cuban and Markus 'Notch' Persson to the EFF Patent Project. Notably, part of Cuban's donation is for the creation of the 'Mark Cuban Chair to Eliminate Stupid Patents' (the first holder is current staff attorney Julie Samuels). Time will tell if the new title will help her advocacy work. Cuban said, 'The current state of patents and patent litigation in this country is shameful," said Cuban, owner of the Dallas Mavericks. "Silly patent lawsuits force prices to go up while competition and innovation suffer. That's bad for consumers and bad for business. It's time to fix our broken system, and EFF can help.' Notch added, 'New games and other technological tools come from improving on old things and making them better – an iterative process that the current patent environment could shut down entirely. '"