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The Courts

Righthaven Defies Court In Domain Name Ruling 148

Hugh Pickens writes "Copyright troll Righthaven makes their money by coercing defendants of alleged copyright infringement into settling with them with threats of $150,000 in damages and forfeiture of the defendants' website domain names. Now EFF reports that Chief Judge Hunt of the federal court in Nevada, which is overseeing more than 200 Righthaven copyright cases, has dismissed Righthaven's merit-less claim to seize its victim's domain names. Righthaven contended that the mere hosting of any infringing material meant that the entire domain name was forfeit but the judge rejected that claim, explaining that the 'Court finds that Righthaven's request for such relief fails as a matter of law and is dismissed.' But now Righthaven has filed a new copyright case in Nevada federal court that not only demands forfeiture of the domain name but has asked the Court to 'order the surrender to Righthaven of all hardware, software, electronic media and domains, including the Domain used to store, disseminate and display the unauthorized versions of any and all copyrighted works.' The new complaint also asserts that Righthaven holds the 'exclusive rights' to Stephens Media news articles, despite the Strategic Alliance Agreement showing that Stephens Media retains these rights."
Electronic Frontier Foundation

Thousands of SSL Certs Issued To Unqualified Names 128

Trailrunner7 writes "The recent attack on Comodo and several of its associated registration authorities has spurred quite a bit of re-examination of the way that the Web's certificate authority infrastructure works--or doesn't. One interesting result of this work is that the folks at the Electronic Frontier Foundation have discovered that there are more than 37,000 legitimate certificates issued by CAs for unqualified names such as 'localhost,' or 'Exchange,' a practice that could simplify some forms of man-in-the-middle attacks. 'Although signing "localhost" is humorous, CAs create real risk when they sign other unqualified names. What if an attacker were able to receive a CA-signed certificate for names like "mail" or "webmail?"' Such an attacker would be able to perfectly forge the identity of your organization's webmail server in a "man-in-the-middle" attack!'"
Microsoft

MS Removes HTTPS From Hotmail For Troubled Nations 147

An anonymous reader writes "Microsoft has removed HTTPS from Hotmail for many US-embargoed or otherwise troubled countries. The current list of countries for which they no longer enable HTTPS is known to include Bahrain, Morocco, Algeria, Syria, Sudan, Iran, Lebanon, Jordan, Congo, Myanmar, Nigeria, Kazakhstan, Uzbekistan, Turkmenistan, Tajikistan, and Kyrgyzstan. Journalists and others whose lives may be in danger due oppressive net monitoring in those countries may wish to use HTTPS everywhere and are also encouraged to migrate to non-Microsoft email providers, like Yahoo and Google." Update: 03/26 17:08 GMT by T : Reader Steve Gula adds the caveat that "Yahoo! only does HTTPS for authentication unless you're a paying member."
Crime

Copyright Troll Complains of Defendant's Legal Fees 138

Hugh Pickens writes "Copyright enforcement company Righthaven, accused of coercing defendants into settling with threats of damages of $150,000 and forfeiture of the defendants' website domain names, is complaining that one of its litigation foes is needlessly running up legal costs that Righthaven may end up having to pay. In one of its more extensively-litigated cases, Righthaven sued the Democratic Underground last year after a message-board poster re-posted the first four paragraphs of a 34-paragraph Review-Journal story. After suffering a fair-use setback in another case involving a partial story post, Righthaven tried to drop its suit against the Democratic Underground, which would have resulted in a finding of 'no infringement.' But the Democratic Underground is pressing for Righthaven to pay its attorney's fees and says new evidence had surfaced that would bolster their case. 'Defendants agree that this case should be over — indeed, it should never have started. But it should not end until Righthaven is called to account for the cost of the defense it provoked,' say attorneys for the EFF. 'To allow Righthaven to avoid compensating those who have no choice but to defend would be unjust and unsupportable.' In related news, Righthaven has filed five more lawsuits, bringing their total since March 2010 to 246 lawsuits."
Electronic Frontier Foundation

Over 40,000 John Doe Copyright Troll Cases Dismissed 52

Requiem18th writes "From the EFF site: Thousands of unnamed 'John Does' in P2P file sharing lawsuits filed in California, Washington DC, Texas, and West Virginia have been severed, effectively dismissing over 40,000 defendants. The plaintiffs in these cases must now re-file against almost all of the Does individually rather than suing them en masse."

Despite the dismissal, EFF has received reports that some Does are still receiving notices from their ISPs informing them that their identities are being sought in relation to these cases. If you get one, contact the EFF immediately.

PlayStation (Games)

GeoHot Asks For Donations To Fight Sony 470

mede writes "In an interesting turn of events, Sony might have stumbled into a tough nut to crack. George Hotz (aka GeoHot) famous for his iPhone hacking achievements, is planning on fighting the big corporation on removing his free speech rights at utilizing his fully paid for hardware. Hotz has always claimed being anti-piracy (since iPhone activities) and says he has never pirated any game or even signed PSN agreements. He's asking for donations to fight Sony back and try to achieve something similar to what was previously accomplished by the EFF with regard to cellphones. I've already donated."
Communications

FBI Complains About Wiretapping Difficulties Due To Web Services 228

c0lo writes with news that the Federal Bureau of Investigation is lamenting the difficulty in executing wiretaps because of "web-based e-mail, social-networking and peer-to-peer services." "President Barack Obama's administration is debating ways to deal with Web-based services not covered by traditional wiretap laws, including incentives for companies to build in surveillance capabilities, said Valerie Caproni, general counsel at the FBI. Many Internet services are not covered by the Communications Assistance for Law Enforcement Act (CALEA), which requires traditional telecom carriers to allow law enforcement agencies real-time access to communications after a court has issued a wiretap order, she told members of a subcommittee of the US House of Representatives Judiciary Committee. But Caproni told lawmakers she was not asking for expanded CALEA powers. And she stopped short of calling for rules requiring Web-based communication providers to build in so-called back doors allowing law enforcement access to their software, although she said she's optimistic the US government can find incentives for companies to 'have intercept solutions engineered into their systems.'"
Electronic Frontier Foundation

EFF Uncovers Widespread FBI Intelligence Violations 268

An anonymous reader writes "EFF has uncovered widespread violations stemming from FBI intelligence investigations from 2001 — 2008. In a report released today, EFF documents alarming trends in the Bureau's intelligence investigation practices, suggesting that FBI intelligence investigations have compromised the civil liberties of American citizens far more frequently, and to a greater extent, than was previously assumed. Using documents obtained through EFF's Freedom of Information Act (FOIA) litigation, the report finds: Evidence of delays of 2.5 years, on average, between the occurrence of a violation and its eventual reporting to the Intelligence Oversight Board; reports of serious misconduct by FBI agents including lying in declarations to courts, using improper evidence to obtain grand jury subpoenas, and accessing password-protected files without a warrant; and indications that the FBI may have committed upwards of 40,000 possible intelligence violations in the 9 years since 9/11."
Government

Some WikiLeaks Contributions To Public Discourse 299

Hugh Pickens writes "The EFF argues that regardless of the heated debate over the propriety of the actions of WikiLeaks, some of the cables have contributed significantly to public and political conversations around the world. The Guardian reported on a cable describing an incident in Afghanistan in which employees of DynCorp, a US military contractor, hired a 'dancing boy,' an under-aged boy dressed as a woman, who dances for a gathering of men and is then prostituted — an incident that contributed important information to the debate over the use of private military contractors. A cable released by WikiLeaks showed that Pfizer allegedly sought to blackmail a Nigerian regulator to stop a lawsuit against drug trials on children. A WikiLeaks revelation that the United States used bullying tactics to attempt to push Spain into adopting copyright laws even more stringent than those in the US came just in time to save Spain from the kind of misguided copyright laws that cripple innovation and facilitate online censorship. An article by the NY Times analyzed cables released which indicated the US is having difficulties in fulfilling Obama's promise to close the Guantánamo Bay detention camp and is now considering incentives in return for other countries accepting detainees, including a one-on-one meeting with Obama or assistance with the IMF. 'These examples make clear that WikiLeaks has brought much-needed light to government operations and private actions,' writes Rainey Reitman, 'which, while veiled in secrecy, profoundly affect the lives of people around the world and can play an important role in a democracy that chooses its leaders.'"
Electronic Frontier Foundation

EFF Offers an Introduction To Traitorware 263

theodp writes "The EFF's Eva Galperin offers a brief primer on Traitorware, devices that act behind your back to betray your privacy. 'Your digital camera may embed metadata into photographs with the camera's serial number or your location,' writes Galperin. 'Your printer may be incorporating a secret code on every page it prints which could be used to identify the printer and potentially the person who used it. If Apple puts a particularly creepy patent it has recently applied for into use, you can look forward to a day when your iPhone may record your voice, take a picture of your location, record your heartbeat, and send that information back to the mothership.' She concludes: 'EFF will be there to fight it [Traitorware]. We believe that your software and devices should not be a tool for gathering your personal data without your explicit consent.'"
The Courts

Fourth Amendment Protects Hosted E-mail 236

Okian Warrior writes "As reported on the EFF website, today the US Court of Appeals for the Sixth Circuit ruled that the contents of the messages in an email inbox hosted on a provider's servers are protected by the Fourth Amendment, even though the messages are accessible to an email provider. As the court puts it, 'The government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause.'"
Censorship

WikiLeaks Moves To Swiss Domain After DNS Takedown 488

An anonymous reader writes "Netcraft posted two reports on the movement of the WikiLeaks website today. First the site was taken down by EveryDNS, who terminated the DNS provision for wikileaks.org. A few hours later, WikiLeaks moved to a Swiss domain (wikileaks.ch). Netcraft suggests this move could be because the wikileaks.org domain was registered with a US company, which could be influenced by the US government. The new wikileaks.ch site is hosted in Sweden, but redirects all of its traffic to France. Strangely, WikiLeaks has chosen to use EveryDNS again for their new domain." This follows Amazon's removal of WikiLeaks from their cloud hosting, which has the EFF and others worrying about free speech on the net as various hosting providers receive political pressure to censor certain content. Amazon claims their decision wasn't influenced by a government inquiry, while Tableau Software freely admits that a public request from Senator Joe Lieberman prompted them to take down WikiLeaks data visualizations.
Firefox

HTTPS Everywhere Gets Firesheep Protection 77

coondoggie writes "The Electronic Frontier Foundation today said it rolled out a version of HTTPS Everywhere that offers protection against 'Firesheep' and other tools that seek to exploit webpage security flaws. Hitting the streets in October, Firesheep caused a storm of controversy over its tactics, ethics and Web security in general. Firesheep sniffs unencrypted cookies sent across open WiFi networks for unsuspecting visitors to Web sites such as Facebook and Twitter, and lets the user take on those visitors' log-in credentials."
Media

MP3Tunes 'Safe Harbor' Court Challenge Approaching 94

markjhood2003 sends along an update on a story we first discussed two years back: EMI's lawsuit against MP3Tunes on the claim that cloud storage of music is illegal. The case has gathered importance as cloud computing has grown in capability and acceptance. Opposition briefs in the case are due on Wednesday and oral arguments will start in January. EMI is making the unusual move (the opposition calls it "desperate") of insisting that the EFF's friend-of-the-court brief not be accepted. "EMI says the brief filed last week by the Electronic Frontier Foundation and other groups supporting MP3tunes’s argument that it’s not responsible for what music its users store on its servers should be barred because it is 'a pure advocacy piece, not a "friend of the court."' Amicus curiae briefs are often filed by interest groups and the government in cases that could set major precedents, in order to illustrate the broader ramifications of the case. ... After three years of litigation, EMI argues that EFF’s brief is too long, thereby 'circumventing' the court’s 'page restrictions' causing 'additional burden' to the court and “prejudice” to the EMI. ... In addition, EMI says, EFF’s brief 'contains unsupported speculation that is not helpful to the Court.' Anyone can submit such a brief as long as they’re not a party to the case, and judges have full discretion whether to accept them. They almost always do."
The Courts

P2P Litigation Crippled In DC District Court Ruling 114

An anonymous reader writes "In a stunning defeat for the US Copyright Group, DC District Court Judge Rosemary Collyer is forcing copyright holders to sue only those over whom the DC court has personal jurisdiction. The USCG has sued in the DC court more than 4,500 people on behalf of a German producer that created the Far Cry movie. But the Judge is having none of that; in her ruling [Friday], Judge Collyer stated that only those who are in the DC court's jurisdiction can be sued — shrinking what could have been a windfall of defendant's cash to perhaps a mere trickle."
The Internet

MPAA Dismisses COICA Free Speech Concerns 300

An anonymous reader writes "The EFF has gone into detail about why it opposes 'The Combating Online Infringement and Counterfeits Act,' or COICA. It has the potential to give the Department of Justice the power to shut down any domestic website, or block any foreign website it so chooses, setting the stage for Internet censorship in the United States. Addressing the free speech concerns, MPAA chief Bob Pisano dismissed the First Amendment issues, saying '...the First Amendment was not intended as a shield for those who steal, irrespective of the means.'"
Input Devices

Kinect Hacked, Adafruit Bounty Won 262

scharkalvin writes "Adafruit has announced a winner to their bounty for an open source driver for the MS Kinect. From the article: 'We have verified that it works and have a screenshot from another member in the hacking community (thanks qdot!) who was also able to use the code. Congrats to Hector! He's running all this on a Linux laptop (his code works with OpenGL) and doesn't even have an Xbox!'" We talked about Adafruit's bounty yesterday.
Facebook

Facebook Adds Friend Stalker Tool 357

nk497 writes "Facebook has added a new tool that brings together conversations and photos between friends onto a single page, but — as usual — has crossed the creepy line. Not only does clicking the See Friendship tool let users view photos, comments and events shared between themselves and their friend, it also offers a search tool to do the same between any two mutual friends, making it easy to see everything any two people have ever said to each other Facebook. As usual, the site should have tested the function out on their users first, with one saying: 'I've always wanted this! And yes, I'm a creepy stalker.' Also, as usual for Facebook, all users are automatically opted in, and there's currently no obvious way to turn it off."
Patents

Webvention Demanding $80k For Rollover Images 314

I Don't Believe in Imaginary Property writes "Webvention is demanding that websites with rollover images pay $80,000 or face a patent lawsuit based on US patent 5,251,294, which it bought from Intellectual Ventures. Webvention claims to already have licensing deals with Apple, Google, Nokia, Sears, Sony and Orbitz. Right now, they're suing Abercrombie and Fitch, Bed Bath & Beyond, Dell, Gamestop, E*Trade, Neiman Marcus, Visa and ten others in a court in east Texas."
Facebook

Government Admits Spying Via Facebook 240

Velcroman1 writes "Facebook founder Mark Zuckerberg famously said that the age of privacy is over. And the government wants to ensure that, it seems. The Electronic Frontier Foundation's FOIA request has revealed government memos encouraging agents to befriend people on a variety of social networks, to take advantage of their readiness to share — and to spy on them. Thanks to this request, the government released a handful of documents, including a May 2008 memo detailing how social-networking sites are exploited by the Office of Fraud Detection and National Security (FDNS), and one revealing how the DHS monitored social media during the Obama inauguration."

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