An anonymous reader writes with this news on the ACTA treaty, straight from the EFF's release on the news: "On Saturday October 1st, eight countries (the United States, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea) signed the Anti-Counterfeiting Trade Agreement (ACTA) in Tokyo, Japan. Three of the participating countries (the European Union, Mexico, and Switzerland) have not yet signed the treaty, but have issued a joint statement affirming their intentions to sign it 'as soon as practicable.' ACTA will remain open for signature until May 2013. While the treaty's title might suggest that it deals only with counterfeit physical goods such as medicines, it is in fact far broader in scope. ACTA contains new potential obligations for Internet intermediaries, requiring them to police the Internet and their users, which in turn pose significant concerns for citizens' privacy, freedom of expression, and fair use rights." Update: 10/20 13:24 GMT by T : As several readers have pointed out, the quoted news from the EFF describes the EU as a country; I'm sure they know it's not.

nonprofiteer writes "In December, a federal judge ruled that the 4th amendment applies to email and that the feds cannot go after it without a warrant. (We have Smilin' Bob to thank for that.) Though the federal judge's decision only applies to the four states in his jurisdiction, it looks like federal agencies are applying it nationally. An internal email written by the IRS general counsel cites the law and says that its collectors can no longer get the contents of suspected tax cheats' email by sending letters to their ISPs, though it can get non-content information, like who they email and how they pay for their accounts."

lee1 writes "After the police broke in to a Gizmodo editor's home and collected emails from computers found there as part of the investigation of the stolen 2010 iPhone prototype, the San Mateo District Attorney's office petitioned the court to withdraw the search warrant, because it violated a law intended to protect journalists. Nevertheless, the DA, rather than apologize for the illegal search and seizure, issued a critique of the seized emails, commenting that they were 'juvenile' and that 'It was obvious that they were angry with the company about not being invited to ... some big Apple event. ... this is like 15-year-old children talking.''"

dylan_- writes "The Humble Frozen Synapse Bundle — where you pay whatever you want for a collection of games — has just hit the $1 million mark with 1 day and 9 hours left to buy. The games are DRM free, available for Windows, Mac and Linux, and include a donation to the EFF and Child's Play charity. As with previous bundles, Linux users are the most generous, paying an average $9.18, Mac users come in second paying $6.58 leaving Windows users lagging behind, paying $4.11 on average." These stats are presented right on the page dynamically, so you might see slightly different figures — the dollar figure should only be moving one direction, though.

Khyber writes "Three data and security breach notification bills have been approved by the Senate Judiciary Committee, one of which includes an amendment that adds clarity with regards to the Computer Fraud and Abuse Act. These three bills would require businesses to develop data privacy and security plans, and it would set a federal standard for notifying individuals of breaches of very sensitive personally identifiable information, such as credit card information or medical records. This clarification is welcomed, making the statute more focused towards hackers and identity thieves, instead of consumers that run afoul of ToS or AUPs of websites and service providers."

snydeq writes "With its distributed SSL Observatory, the Electronic Frontier Foundation hopes to detect compromised certificate authorities and warn users about attacks, InfoWorld reports. 'The EEF, along with developers at the Tor Project and consulting firm iSec Partners, has updated its existing HTTPS Everywhere program with the ability to anonymously report every certificate encountered. The group will analyze the data so that it can detect any rogue certificates — and by extension, compromised authorities — its users encounter, says Peter Eckersley, technology projects director for the EFF.'"

Attorney Jennifer Granick has defended many high profile hackers, including researcher Christopher Soghoian, creator of a fake boarding pass generator (2006); Michael Lynn versus Cisco/ISS (2005); Jerome Heckenkamp; and Luke Smith and Nelson Pavlosky in Online Policy Group v. Diebold Election Systems (now Premier Election Solutions), a copyright misuse case related to electronic voting. Granick also won an exemption from the U.S. Copyright Office in 2006 allowing phone unlocking despite the anti-circumvention provisions of the Digital Millennium Copyright Act, which set the stage for renewal of the exemption and for the jailbreaking exemption in 2009. At Stanford, Granick worked with Lawrence Lessig on constitutional copyright cases and taught six years worth of law students about computers, technology and civil liberties. While Civil Liberties Director at the EFF, Granick started the Coders' Rights Project and participated in litigation against ATT and the federal government for violation of surveillance regulations. Now an attorney at ZwillGen PLLC, Granick assists individuals and companies creating new products and services. And now, she's graciously agreed to answer your questions. Please, as usual, ask as many questions as you'd like, but confine each question to a separate post.

decora writes "The EFF reports on an internet censorship case in South Korea. The blog of Professor K.S. Park was recently brought up for consideration by the Korean Communication Standards Commission, which presides over South Korea's online censorship scheme, blocking about 10,000 URLs per month. The unusual thing about this case is that Park himself is a member of the commission; he was appointed to it by the opposition party as a well known free-speech advocate. The other members of the committee allowed him to make changes to his blog for now, but have vowed to 'take action' against it in the future."

sunbird writes "The EFF argued several critical cases yesterday before the Ninth Circuit Court of Appeals. Both Hepting v. AT&T and Jewel v. National Security Agency raise important questions regarding whether the NSA's warrantless wiretapping program (pdf summary of evidence), disclosed by whistleblower Mark Klein and implemented by AT&T and other telecoms, violates the Fourth Amendment to the U.S. Constitution. The full text of the Klein declaration and redacted exhibits are publicly available (pdf). ... The Klein evidence establishes that AT&T cut into the fiber optic cables in San Francisco to route a complete copy of internet and phone traffic to the 'SG3' secure room operated by the NSA. The trial court dismissed the Hepting lawsuit (pdf order) based on the 2008 Congressional grant of immunity to telecoms. Similarly, the trial court in Jewel dismissed (pdf order) the lawsuit against the government agencies and officials based on the state secrets privilege. Both cases were argued together before the same panel of judges. The audio of the oral argument will be available after noon PDT [17:00 GMT] today."

An anonymous reader writes "Marcia Hofmann, senior staff attorney at the EFF, gives more information on the first known seizure of equipment in the U.S. due to a warrant executed against a private individual running a Tor exit node. 'This spring, agents from Immigration and Customs Enforcement (ICE) executed a search warrant at the home of Nolan King and seized six computer hard drives in connection with a criminal investigation. The warrant was issued on the basis of an Internet Protocol (IP) address that traced back to an account connected to Mr. King's home, where he was operating a Tor exit relay.' The EFF was able to get Mr King's equipment returned, and Marcia points out that 'While we think it's important to let the public know about this unfortunate event, it doesn't change our belief that running a Tor exit relay is legal.' She also links to the EFF's Tor Legal FAQ. This brings up an interesting dichotomy in my mind, concerning protecting yourself from the Big digital Brother: Running an open Wi-Fi hotspot, or Tor exit node, would make you both more likely to be investigated, and less likely to be convicted, of any cyber crimes."

decora writes "Several years ago, writer Du Daobin posted several essays on the internet, protesting such things as unfair taxes and the corruption of the media. He was then charged with 'inciting subversion of state power,' arrested, and after many legal twists and turns, tortured in prison. Daobin, along with several other dissidents with similar stories, decided to sue Cisco Systems (PDF) earlier this year under the legal theory that it aided and abetted China's violation of the Torture Victim Protection Act of 1991. As the case moves forward, the Chinese Ministry of Public Security has stepped up its surveillance, harassment, and interrogation of Daobin and the others. The Electronic Frontier Foundation has now joined the Laogai Research Foundation to draw attention to the case. As part of its opening move, it has asked Cisco to make public statements in support of human rights, hoping that the company's influence with the Chinese government will provide some modicum of protection for the threatened dissidents."

decora writes "In a recent article on Al-Jazeera, Jillian York of the EFF speculates about the true nature of the Syrian 'hackers' who defaced AnonPlus. She references a University of Toronto analysis from May, which pointed out that the supposed independent hacktivist group the Syrian Electronic Army has a website that is hosted and registered by the Syrian Computer Society — a group that dictator Bashar Al-Asad used to run and that was founded by his brother. York has previously written about the mystery of the pro-Asad twitter floods of April, and the convenient unblocking of social media sites like YouTube and Facebook earlier in the year, which allegedly allowed the Mukhabarat to spy on and entrap opposition activists through forged SSL certificates. She also points out the numerous cases of Syrian bloggers being censored, arrested, and persecuted for their writings online. Is the Syrian example evidence against the vision of internet-as-liberator?"

theodp writes "CNET reports that rather than backing down after complaints about its insistence that Google+ user accounts be opened under a real name, Google has upped the ante and will pin 'verification badges' on users in an effort to assure people that 'the person you're adding to a circle is really who they claim to be.' In a Friday night post, Google employee Wen-Ai Yu explained that the Google+ team is initially 'focused on verifying public figures, celebrities, and people who have been added to a large number of Circles, but we're working on expanding this to more folks.'"

According to the San Francisco Appeal, the cellphone service shut-down that the BART system imposed Thursday (by disabling transponders which allow cellphone communications in the underground portion of the system), besides drawing rebukes from various civil liberties groups, has generated plans for a protest Monday organized by Anonymous.

An anonymous reader writes "Law Technology News is reporting that FOSS for large law firms and corporate counsel is starting to gain traction. There's a project called FreeEed, for the electronic discovery step in lawsuits, and there's software for the document page numbering process known as Bates stamping — affectionately called 'Bates Master' by the programmers. Are big law firms ready to accept open-source code?"

An anonymous reader writes "Michigan's Thomas M. Cooley Law School recently filed a lawsuit that appears to be boomeranging in the worst possible way. A little-noticed pseudonymous blogger respectfully disagreed with Cooley's self-awarded number-2 ranking, nationwide (well, perhaps not so respectfully), and had a few other choice things to say. So, Cooley went ahead and hired some lawyers (who had graduated from Georgetown and the University of Michigan) to file a lawsuit to unmask the blogger. And EFF cooperating attorney John Hermann got involved. "

Peter Eckersley writes "The Netalyzr research project from the ICSI networking group has discovered that on a number of U.S. ISPs' networks, search traffic for Bing, Yahoo! and sometimes Google is being redirected to proxy servers operated by a company called Paxfire. In addition to posing a grave privacy problem, this server impersonation is being used to redirect certain searches away from the user's chosen search engine and to affiliate marketing programs instead. Further analysis is available in a post at the EFF."

Chaonici writes "The EFF has a blog post about what appears to be Facebook's stance on anonymity on the Internet. Speaking last week at a social media conference hosted by Marie Claire magazine, Facebook's Marketing Director, Randi Zuckerburg, is quoted: 'I think anonymity on the Internet has to go away. People behave a lot better when they have their real names down. I think people hide behind anonymity and they feel like they can say whatever they want behind closed doors.' This position appears to apply to the entire Internet, not just Facebook (which already requires that its users post real names instead of pseudonyms). The EFF goes on to point out how this would be a bad choice for civil liberties online."

Slashdot regular contributor Bennett Haselton wrote in this week to say that "The proposed "Telex" anti-censorship system could technically work, but unless I'm missing something, it would more cost-effective to spend the same resources on fighting censorship using existing technologies." His essay on the subject follows.

lee1 writes "The Electronic Frontier Foundation is trying to urge a federal court (PDF) to block what they claim is the unconstitutional use of the federal anti-stalking law to prosecute a man for posting criticism of a public figure to Twitter. The law was originally targeted against crossing state lines for the purpose of stalking, but was modified in 2005 to make the 'intentional infliction of emotional distress' by the use of 'any interactive computer service' a crime. The prosecution's theory in this case is that using Twitter to criticize a public figure can be a criminal act if the person's feelings are hurt."