Hugh Pickens writes "In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada's Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom, but EFF reports that the event's Terms and Conditions include 'a remarkable bit of legal sleight-of-hand.' As soon as 'any third party displays or disseminates' your photos or videos in a manner that the Burning Man Organization (BMO) doesn't like, those photos or videos become the property of the BMO. BMO's Terms and Conditions also limits your own rights to use your own photos and videos on any public websites obliging you to take down any photos to which BMO objects, for any reason; and forbidding you from allowing anyone else to reuse your photos. This 'we automatically own all your stuff' magic appears to be creative lawyering intended to allow the BMO to use the streamlined 'notice and takedown' process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet giving BMO the power of fast and easy online censorship. 'Burning Man strives to celebrate our individuality, creativity and free spirit,' writes Corynne McSherry. 'Unfortunately, the fine print on the tickets doesn't live up to that aspiration.'"

AceJohnny writes "Joey Hess found that his Palm Pre was ratting on him. It turns out the Pre periodically uploads detailed information about the user to Palm, including the names of installed apps, application usage (and crashes), as well as GPS coordinates. This, of course, is without user consent or control. The only way he found to disable the uploads was to modify system files."

I Don't Believe in Imaginary Property writes "The Supreme Court's review of In Re Bilski (discussed here numerous times) is heating up, having attracted no less than 44 friend-of-the-court briefs from almost everyone with a stake in the patent system. Patently-O provides a nice summary of who is arguing against Bilski. The two questions before the Supreme Court are whether or not a process must satisfy the particular machine or transformation test, and whether this test improperly excludes many business methods in spite of the wording of 35 U.S.C. 273, which specifically allows business-method patents. So far, the case has attracted legal filings from nearly every large company or group whose patents might be threatened. You can read briefs from Yahoo, IBM, Borland, Dolby Labs, the BSA, and many others, even one from some guy claiming to speak on behalf of the State of Oregon."

I Don't Believe in Imaginary Property writes "The judge overseeing the SCO Chapter 11 bankruptcy case has issued an order appointing a chapter 11 trustee to oversee SCO's operations. However, the judge's reasoning is far from clear. While the judge believes that SCO has 'abandoned rehabilitation' to bet its future on litigation, he doesn't think it appropriate to convert their case to Chapter 7 liquidation. So SCO's management hasn't been fired yet, but they're no longer fully in charge either. It's not clear why the bankruptcy judge opted for this solution, when even the US Trustee was pushing to fire SCO's management and convert the case to Chapter 7. In short, SCO is still only mostly dead, rather than all dead, and in desperate search of a miracle worker."

jhoger writes "Matthew Crippen was arrested yesterday for hacking game consoles (for profit) in violation of the Digital Millennium Copyright Act. He was released on a $5,000 bond, but faces up to 10 years in prison. This is terribly disturbing to me; a man could lose 10 years of his freedom for providing the service of altering hardware. He could well lose much of his freedom for providing a modicum of it to others. There is no piracy going on, necessarily — the games a modified console could run may simply not be signed by the vendor. It's much like jailbreaking an iPhone. But it seems because he is disabling a 'circumvention device' it is a criminal issue. Guess it's time to kick a few dollars over to the EFF."

angry tapir writes "The Electronic Frontier Foundation is urging its supporters to pressure Google to build significant privacy protections into its Book Search service. The EFF suggests that the service gives Google access to new personal information: what people are searching for in out-of-print and out-of-copyright books. The EFF posted its concerns with Google Book Search on its blog, with EFF designer/activist Hugh D'Andrade saying the search product could infringe on 'privacy of thought.' Google, in a responding blog post, said it will protect user privacy, though it can't yet say how — the service hasn't been designed yet, nor approved."

netbuzz writes "A wiki operator who was pressured by Apple's legal team into removing anonymous discussions about circumventing the company's music-playback software for iPods and iPhones says he is relieved that Apple has backed off and he'll be able to restore the disputed material. Apple dropped its claims of copyright and DMCA violation against BluWiki only under legal pressure of its own in the form of a lawsuit by the Electronic Frontier Foundation."

CWmike writes "They sometimes call national security the third rail of politics. Touch it and, politically, you're dead. The cliché doesn't seem far off the mark after reading Mark Klein's new book, Wiring up the Big Brother Machine ... and Fighting It. It's an account of his experiences as the whistleblower who exposed a secret room at a Folsom Street facility in San Francisco that was apparently used to monitor the Internet communications of ordinary Americans. Amazingly, however, nobody wanted to hear his story. In his book he talks about meetings with reporters and privacy groups that went nowhere until a fateful January 20, 2006 meeting with Kevin Bankston of the Electronic Frontier Foundation. Bankston was preparing a lawsuit that he hoped would put a stop to the wiretap program, and Klein was just the kind of witness the EFF was looking for. He spoke with Robert McMillan for an interview."

The EFF has restated many of their original privacy objections about California's latest revision to the Pay-As-You-Drive auto insurance proposal. Admitting that the amended bill is an improvement, privacy advocates are still uneasy about the surveillance implications of this program. "The proposal centers on a simple idea: infrequent drivers are less of an insurance risk. By pricing policies according to the mileage driven, insurance companies can offer discounts to lower-risk infrequent drivers, and put an appropriate cost penalty on heavy drivers. The state estimates that 30% adoption of PAYD insurance nationwide would reduce miles driven by at least 10% among subscribers, and save 55 million tons of CO2 over the next ten years. The benefits of such a system could be quite dramatic, as California Insurance Commissioner Steve Poizner is sure to emphasize. Such insurance plans first became available in 2004, and are now available as a limited option in 30 US states from insurance companies like Progressive and Liberty Mutual."

Raul654 writes "Last week, it was reported that the UK's National Portrait Gallery had threatened a lawsuit against an American Wikipedian for uploading pictures from the NPG's website to Wikipedia. The uploaded pictures are clearly in the public domain in the United States. (In the US, copies of public domain works are also in the public domain. UK law on the matter is unclear.) Since then, there have been several developments: EFF staff attorney Fred von Lohmann has taken on the case pro-bono; Eric Moeller, Wikimedia Foundation Deputy Director, has responded to the NPG's allegations in a post on the WMF blog; and the British Association of Picture Libraries and Agencies has weighed in on the dispute in favor of the NPG."

oliphaunt writes "As regular readers will recall, after the 2004 elections the New York Times revealed that the NSA had been conducting illegal wiretaps of American citizens since early 2001. Over the course of the next four years, more information about the illegal program trickled out, leading to several lawsuits against the government and various officials involved in its implementation. This week several of these matters are coming to a head: Yesterday, the lawyers for the Al-Haramain Islamic Foundation filed a motion for summary judgment in their lawsuit against the Obama DOJ. The motion begins by quoting a statement made by Candidate Obama in 2007, acknowledging that the warrantless wiretap program was illegal. US District Judge Vaughn Walker has given indications that he is increasingly skeptical of the government's arguments in this case. In what might just be a coincidence of timing, today the long-awaited report from the DOJ inspector general to the US Congress about the wiretapping program was declassified and released. Emptywheel has the beginnings of a working thread going here."

Hugh Pickens writes "The NY Times reports that the case of Mikhail Mallayev, who was convicted in March of murder after data from his cellphone disproved his alibi, highlights the surge in law enforcement's use of increasingly sophisticated cellular tracking techniques to keep tabs on suspects before they are arrested and build criminal cases against them by mapping their past movements. But cellphone tracking is raising concerns about civil liberties in a debate that pits public safety against privacy rights. Investigators seeking warrants must provide a judge with probable cause that a crime has been committed, but investigators often obtain cell-tracking records under lower standards of judicial review — through subpoenas, which are granted routinely, or through an intermediate type of court order based on an argument that the information requested would be relevant to an investigation. 'Cell phone providers store an increasing amount of sensitive data about where you are and when, based on which cell towers your phone uses when making a call. Until now, the government has routinely seized these records without search warrants,' said EFF Senior Staff Attorney Kevin Bankston. Last year the Federal District Court in Pittsburgh ruled that a search warrant is required even for historical phone location records, but the Justice Department has appealed the ruling. 'The cost of carrying a cellphone should not include the loss of one's personal privacy,' said Catherine Crump, a lawyer for the ACLU."

destinyland writes "Christine Peterson coined the term 'open source.' Now she's proposing the same collaborative sharing approach to sensing technology 'to improve both security and the environment, while preserving — even strengthening — privacy, freedom, and civil liberties...' The Open Source Sensing initiative welcomes individuals and organizations, and warns that 'We have a short window of opportunity for guiding this technology to protect both our security *and* our privacy.' Peterson says that in the long term, 'open source defensive technologies will likely be the only ones capable of keeping up with rapidly-advancing offensive technologies, just as open source software is faster at addressing computer viruses today.' And the EFF's Brad Templeton warns that 'Cheap, ubiquitous sensing has the potential to turn the worlds of privacy and civil rights upside-down... It's not enough for governments to watch people; people have to watch governments.' His solution? 'Learning from the bottom-up approaches of the open source community.'

gerddie notes a piece up on the EFF site outlining the fairly outlandish legal theories ASCAP is trying out in their court fight with AT&T. "ASCAP (the same folks who went after Girl Scouts for singing around a campfire) appears to believe that every time your musical ringtone rings in public, you're violating copyright law by 'publicly performing' it without a license. At least that's the import of a brief (PDF, 2.5 MB) it filed in ASCAP's court battle with mobile phone giant AT&T."

I Don't Believe in Imaginary Property writes "Reporters Without Borders is alarmed by the fact that no less than 23 journalists have been arrested in Iran in the week following the elections, making Iran one of the most dangerous places in the world to be a journalist. Online activists are trying to counter this trend by giving advice for helping Iranian protesters. One problem is that Iranian leaders are trying to delegitimize the reform movement by pretending that the reformers are puppets of foreign powers, so special discretion is required for anyone wanting to help the Iranian people."

mikesd81 notes a press release on the EFF website that begins "The Obama Administration's decision to support Bush-era concealment policies has forced the Electronic Frontier Foundation (EFF) and Public Knowledge (PK) to drop their lawsuit about the proposed Anti-Counterfeiting Trade Agreement (ACTA). Federal judges have very little discretion to overrule Executive Branch decisions to classify information on 'national security' grounds, and the Obama Administration has recently informed the court that it intends to defend the classification claims originally made by the Bush Administration. ... Very little is known about ACTA, currently under negotiation between the US and more than a dozen other countries, other than that it is not limited to anti-counterfeiting measures. Leaked documents indicate that it could establish far-reaching customs regulations governing searches over personal computers and iPods. Multi-national IP corporations have publicly requested mandatory filtering of Internet communications for potentially copyright-infringing material, as well as the adoption of 'Three Strikes' policies requiring the termination of Internet access after repeat allegations of copyright infringement, like the legislation recently invalidated in France. Last year, more than 100 public interest organizations around the world called on ACTA country negotiators to make the draft text available for public comment."

Techdirt points out that the EFF is examining the constitutionality of the recent $1.9 million verdict awarded in favor of the RIAA against Jammie Thomas. While on the surface it may seem that this excessive award should be easy to overturn since grossly excessive punitive damage awards are considered to violate the Due Process clause of the US Constitution, the Supreme Court seems to have been ignoring precedent and upholding copyright's importance at any cost. "Given the size of the statutory damages award, Ms. Thomas-Rasset's legal team will likely be seriously considering a constitutional challenge to the verdict. A large and disproportionate damage award like this raises at least two potential constitutional concerns. First, the Supreme Court has made it clear that 'grossly excessive' punitive damage awards (e.g., $2 million award against BMW for selling a repainted BMW as 'new') violate the Due Process clause of the US Constitution. In evaluating whether an award 'grossly excessive,' courts evaluate three criteria: 1) the degree of reprehensibility of the defendant's actions, 2) the disparity between the harm to the plaintiff and the punitive award, and 3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations. Does a $1.92 million award for sharing 24 songs cross the line into 'grossly excessive?' And do these Due Process limitations apply differently to statutory damages than to punitive damages? These are questions that the court will have to decide if the issue is raised by Ms. Thomas-Rasset's attorneys."

eldavojohn writes "Unlike a lot of community support protection programs, the EFF's Patent Busting Project is starting to bear real fruit instead of just leveling the finger at offenders. The USPTO is revoking an illegitimate patent granted in 2004 that sounds like automatically assigning subdomains. Sites like Wordpress, LiveJournal, or basically anyone with generated subdomains have been doing this for quite some time. If you have some extra cash, now's the time to pony up a few bucks so the EFF can carry on as one of the few organizations genuinely protecting your interests."

Bibek Paudel writes "Nepal's Constituent Assembly is drafting a new constitution for the country. We (FOSS Nepal) are interacting with various committees of the Assembly regarding the issues to be included in the new constitution. In particular, the 'Fundamental Rights Determination Committee' is seeking our suggestions in the form of a written document so that they can discuss it in their meeting next week. We have informed them, informally, of our concerns for addressing digital liberties and ensuring them as fundamental rights in the constitution. We'd also like to see the rights to privacy, anonymity, and access to public information regardless of the technology (platforms/software). Whether or not our suggestions will be incorporated depends on public hearings and voting in the assembly later, but the document we submit will be archived for use as reference material in the future when amendments in the constitution will be discussed or new laws will be prepared. How are online rights handled in your country? How would you want to change it?" Read on for more about Bibek's situation.

Frequent Slashdot contributor Bennett Haselton takes a look back at the recent Boston case where police seized a student's laptop but had to give it back. "The EFF was right to argue that police had no right to seize the laptop of a Boston College student who was accused of forging an e-mail from his roommate. But according to the judge's reasoning, the police probably could have gotten away with it, if they had appeared to care more about pursuing the student for downloading pirated movies instead." Click the link for Bennett's analysis.