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. '"

nonprofiteer writes "Two years ago, Visa, MasterCard, PayPal, Western Union and Bank of America cut off all funding to WikiLeaks. A group of free information advocates wants to prevent a similar financial blockade on information from happening again. Daniel Ellsberg, John Perry Barlow, and EFF staffers are founding the Freedom of the Press Foundation, an org that will raise money and channel it to edgy media groups that might suffer from a WikiLeaks-style embargo. When donors give to the Foundation, they can choose to have their funding passed on to any media group under the Foundation's umbrella (currently WikiLeaks, Muckrock, The National Security Archives and UpTake). That strategy aims to make it harder to cut funding to any of those organizations, or any added in the future. And because the site is encrypted, donors who worry about being identified as giving to any particularly controversial group can do so without being identified. It's like Tor for charitable giving."

sfcrazy writes "Ubuntu is becoming a shopping center. Instead of addressing the queries raised by Stallman and the EFF, Canonical is now pushing for making Ubuntu a shopping cart. With Ubuntu 13.04 Canonical is going one step forward, and soon you will be able to purchase software and music right from the Dash without opening the software center or web browser.This is intended to make the whole experience even more interactive and useful for the end user."

New submitter DJ Jones sent in good news in the attempts to update privacy rights for stored electronic communication. From the article: "The Senate Judiciary Committee on Thursday approved a bill that would strengthen privacy protection for e-mails by requiring law enforcement officials to obtain a warrant from a judge in most cases before gaining access to messages in individual accounts stored electronically. The bill is not expected to make it through Congress this year and will be the subject of negotiations next year with the Republican-led House." The EFF seems pretty happy with the proposed changes, but notes that the bill also reduces the protections of the Video Privacy Protection Act in order to allow Netflix et al to sell your viewing history.

concealment writes "Coleman, an anthropologist who teaches at McGill University, spent three years studying the community that builds the Debian GNU/Linux open source operating system and hackers in the Bay Area. More recently, she's been peeling away the onion that is the Anonymous movement, a group that hacks as a means of protest — and mischief. When she moved to San Francisco, she volunteered with the Electronic Frontier Foundation — she believed, correctly, that having an eff.org address would make people more willing to talk to her — and started making the scene. She talked free software over Chinese food at the Bay Area Linux User Group's monthly meetings upstairs at San Francisco's Four Seas Restaurant. She marched with geeks demanding the release of Adobe eBooks hacker Dmitry Sklyarov. She learned the culture inside-out."

Bobfrankly1 writes "The EFF sued to block portions of the approved Prop 35 today. Prop 35 requires sex offenders (including indecent exposure and non-internet offenses) to provide all of their online aliases to law enforcement. This would include e-mail addresses, screen and user names, and other identifiers used on the internet. The heart of the matter as the EFF sees it, would be not only the chilling effect it would have on free speech, but also the propensity of these kind of laws to be applied to other (non-sex offending) people as well."

New submitter jest3r writes "On Tuesday the EFF filed a brief proposing a process for the Court in the Megaupload case to hold the government accountable for the actions it took (and failed to take) when it shut down Megaupload's service and denied third parties access to their property. Many businesses used Megaupload's cloud service to store and share files not related to piracy. The government is calling for a long, drawn-out process that would require individuals or small companies to travel to courts far away and engage in multiple hearings just to get their own property back. Additionally, the government's argument that you lose all your property rights by storing your data on the cloud could apply to Amazon's S3 or Google Apps or Apple iCloud services as well (see page 4 of their filing)."

Peter Eckersley writes "Stanford privacy researcher Jonathan Mayer has published new research showing that websites of both the Obama and Romney presidential campaigns, which are used to communicate with and coordinate their volunteers, leak large amounts of private information to third-party online tracking firms. The Obama campaign site leaked names, usernames, zip codes and street addresses to up to ten companies. The Romney campaign site leaked names, zip codes and partial email addresses to up to thirteen firms."

netbuzz writes "Forging ahead with an initiative that proved controversial when introduced last year, the Electronic Frontier Foundation and nine other groups today are advancing the Open Wireless Movement to encourage ubiquitous sharing of Internet access. 'We envision a world where sharing one's Internet connection is the norm,' said EFF Activist Adi Kamdar, in a press release. 'A world of open wireless would encourage privacy, promote innovation, and benefit the public good, giving us network access whenever we need it. And everyone — users, businesses, developers, and Internet service providers — can get involved to help make it happen.'"

sfcrazy writes "Ubuntu 12.10 met with some controversy before and after its launch about the inclusion of Amazon product listings alongside local search results. Now, the Electronic Frontier Foundation has raised concerns around data leaks and Amazon Ads. The EFF has asked Canonical to update Ubuntu so it disables 'Include online search results' by default. 'Users should be able to install Ubuntu and immediately start using it without having to worry about leaking search queries or sending potentially private information to third party companies. Since many users might find this feature useful, consider displaying a dialog the first time a user logs in that asks if they would like to opt-in.'"

Penurious Penguin writes "Last year a Slashdot story mentioned the case of Daniel David Rigmaiden, or 'the Hacker.' With the help of an IMSI-catcher device, law enforcement had been able to locate and arrest the elusive 'Hacker,' leading to U.S. v. Rigmaiden. But far more elusive than the 'Hacker,' is the IMSI-catcher device itself — particularly the legalities governing its use. The secrecy and unconstitutionality of these Man In The Middle devices, i.e. 'stingrays,' has caught some attention. The EFF and ACLU have submitted an amicus brief in the Rigmaiden case; and EPIC, after filing an FOIA request in February and receiving a grossly redacted 67 out of 25,000 (6,000 classified) pages on the "stingray" devices, has now requested a district judge expedite disclosure of all documents. Some Judges also seem wary of the 'stingray,' having expressed concerns that their use violates the Fourth Amendment; and additionally, that information explaining how the technology is used remains too obscure. Perhaps the most controversial aspect of ISMI-catchers is their several-kilometer range. When a "stingray" is used to spoof a cellphone tower, thousands of innocent users may be collaterally involved. And while the government claims to delete all gathered data unrelated to the target, it also means no one else can know what that data really was. The government claims that because only attributes of calls — but not their content — are captured in the attack, search warrants aren't necessary." (More, below.)

Hugh Pickens writes "Remember Righthaven? Steve Green writes that the copyright troll who partnered with the Las Vegas Review-Journal and the Denver Post to file 275 no-warning copyright infringement lawsuits in 2010 and 2011 against parties that used content from those papers without authorization has just been ordered to turn over to a creditor hard drives from its computers so the creditor could determine if Righthaven has any assets that can be liquidated for the benefit of Righthaven's creditors. Federal judges in three states rejected Righthaven's lawsuits because the company lacked standing as the newspapers — not Righthaven — maintained control of the material Righthaven was suing over. Some defendants were also cleared by the fair use doctrine in copyright law. In the aftermath of Righthaven's legal debacle, the company shut down and claimed to be broke. Creditors in another case seized its website and trademark and auctioned them. They also seized the copyrights it sued over, but they didn't sell. Meanwhile Kurt Opsahl, an attorney for the EFF, has for months been urging Judge Peggy Leen to hit Righthaven CEO Steven Gibson with 'coercive sanctions' for Righthaven's failure to turn over information that will help the EFF find Righthaven assets. 'Steven Gibson is now going to have to show some responsibility,' said Opsahl after the judge issued a court order that could cost its CEO a fine of $500 per day for non-compliance. 'The CEO of Righthaven remains responsible for taking care of the business of the company.'"

rrohbeck writes "From eff.org: 'The shadow of the Anti-Counterfeiting Trade Agreement (ACTA) is back in Europe. It is disguised as CETA, the Canada-European Union and Trade Agreement. A comparison of the leaked draft Canada-EU agreement shows the treaty includes a number of the same controversial provisions, specifically concerning criminal enforcement, private enforcement by Internet Service Providers (ISPs), and harsh damages.'"

v3rgEz writes "The Seattle Police Department is seeking to buy more unmanned aerial vehicles (a.k.a. drones) even as the two it currently owns site warehoused until the city develops a policy for their use, documents released as part of the EFF and MuckRock's Drone Census show. More frightening than the $150,000 price tag? The fact that the drone vendors market the fact that these lease agreements do 'not require voter approval.'" Does your city or town use drones?

xSander writes "The Electronic Frontier Foundation (EFF) will urge a federal judge in San Jose, CA to rule that Universal abused the DMCA to take down a video of a toddler dancing to a Prince song. The case in question, whose oral argument will be Tuesday, October 16, is Stephanie Lenz vs. Universal, a case that began back in 2007. Lenz shared a video on YouTube of her son dancing to 'Let's Go Crazy' on a stereo in the background. After Universal took the video down, Lenz filed a suit with help of the EFF to hold Universal accountable for taking down her fair use. The court had already decided that content owners must consider fair use before sending copyright takedown notices."

wiredmikey writes "The U.S. Supreme Court said this week it will let stand an immunity law on wiretapping viewed by government as a useful anti-terror tool but criticized by privacy advocates. The top U.S. court declined to review a December 2011 appeals court decision that rejected a lawsuit against AT&T for helping the NSA monitor its customers' phone calls and Internet traffic. Plaintiffs argue that the law allows the executive branch to conduct 'warrantless and suspicionless domestic surveillance' without fear of review by the courts and at the sole discretion of the attorney general. The Obama administration has argued to keep the immunity law in place, saying it would imperil national security to end such cooperation between the intelligence agencies and telecom companies. The Supreme Court is set to hear a separate case later this month in which civil liberties' group are suing NSA officials for authorizing unconstitutional wiretapping."

another random user sends word of a case in Pennsylvania District Court in which Judge Michael Baylson has ordered a trial to resolve the issue of whether an IP address can identify a particular person. The plaintiff, Malibu Media, has filed 349 lawsuits against groups of alleged infringers, arguing that getting subscriber information from an ISP based on an IP address that participated in file-sharing was suitable for identification purposes. A motion filed by the defendants in this case explains "how computer-based technology would allow non-subscribers to access a particular IP address," leading Judge Baylson to rule that a trial is "necessary to find the truth." "The Bellwether trial will be the first time that actual evidence against alleged BitTorrent infringers is tested in court. This is relevant because the main piece of evidence the copyright holders have is an IP-address, which by itself doesn't identify a person but merely a connection. ... Considering what's at stake, it would be no surprise if parties such as the Electronic Frontier Foundation (EFF) are willing to join in. They are known to get involved in crucial copyright troll cases, siding with the defendants. We asked the group for a comment, but have yet to receive a response. On the other side, Malibu Media may get help from other copyright holders who are engaged in mass-BitTorrent lawsuits. A ruling against the copyright holder may severely obstruct the thus far lucrative settlement business model, meaning that millions of dollars are at stake for these companies. Without a doubt, the trial is expected to set an important precedent for the future of mass-BitTorrent lawsuits in the U.S. One to watch for sure."