Cowards Anonymous writes "The Electronic Frontier Foundation and Public Knowledge have filed a lawsuit against the Office of the US Trade Representative in an attempt to get the office to turn over information about a secret Anti-Counterfeiting Trade Agreement treaty being negotiated to step up cross-border enforcement of copyright and piracy laws. ACTA could include an agreement for the US, Canada, the European Commission and other nations to enforce each others' IP laws, with residents of each country subject to criminal charges when violating the IP laws of another country, according to a supposed ACTA discussion paper [PDF] posted on Wikileaks.org in May."

VisualE writes "The Electronic Frontier Foundation (EFF) will file a lawsuit against the National Security Agency (NSA) and other government agencies today on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records. The five individual plaintiffs are also suing President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance."

I Don't Believe in Imaginary Property writes "Rep. Loretta Sanchez (D-CA) has introduced a bill that would add accountability to the DHS searches conducted upon the laptops of those crossing the border. Specifically, it would require the issue of receipts to those who had their property confiscated so that it could later be returned, would limit how long the DHS can keep laptops, would require them to keep the laptop's information secure, and would create a way to complain about abuse. Finally, the DHS would be required to keep track of how many searches were done and report the details to Congress. Rep. Sanchez also has also issued a statement about the proposed bill."

I Don't Believe in Imaginary Property writes "One hundred groups of concerned citizens have united to demand a look at the secret ACTA (Anti-Counterfeiting Trade Agreement) treaty and have drafted a letter to their representatives asking for information. We've discussed ACTA before, including what are believed to be parts of ACTA that lawmakers are trying to get a head start on."

kahunak writes to alert us that GIMPS has announced that the 45th and 46th Mersenne primes have been confirmed. The EFF's $100,000 award, for the first prime over 10 million digits in length, will probably be claimed. (We discussed no. 45 when it was announced.)

MacRonin recommends a press release over at the EFF on their recent court victory affirming that cell phone location data is protected by the Fourth Amendment. Here is the decision (PDF). "In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records. EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phones location in real-time. However, this is the first known case where a court has found that the government must also obtain a warrant when obtaining stored records about a cell phones location from the mobile phone provider."

I Don't Believe in Imaginary Property writes "The Senate Judiciary Committee has approved the EIPA (the Enforcement of Intellectual Property Rights Act of 2008), which would create copyright cops. And these cops would take over the RIAA's War on Sharing by filing civil lawsuits and using civil forfeiture laws to take any and all computers engaged in infringement. Worse, they would even seize computers (such as servers or database farms) that house the data of innocent people, and these people would not have any right to get their data back. At best the 'virtual bystanders' who happened to have data on a computer used for infringement could get a protective order saying that no one should go rummaging through their stuff. Perhaps the only good thing in the bill is that they've excluded DMCA circumvention from the list of grounds for seizure. So while the Senators believe this is needed to combat foreign copyright infringement cartels, it's entirely likely that innocent people will be harmed by this law."

DRMer writes "CE Pro has a series of stories that tries to untangle the legalities of DVD ripping in light of the recent RealDVD announcement from RealNetworks. In one of the stories, EFF Attorney Fred von Lohmann discusses the potential liability of those who resell or install DVD-ripping machines (the courts have yet to rule). Another article provides a rather amusing look at how manufacturers justify the legality of their products. Here's one example: 'We are just like Microsoft Vista that does not have a CSS [Content Scramble System] license.'"

Ian Lamont writes "YouTube has reposted anti-Scientology videos and reinstated suspended YouTube accounts after receiving thousands of apparently bogus DCMA take-down notices. Four thousand notices were sent to YouTube last Thursday and Friday by American Rights Counsel, LLC. After YouTube users responded with counter-notices, many of the videos were reposted. It turns out that the American Rights Counsel had no copyright claim on the videos, and the group may not even exist, although the text of the DCMA notices have been linked to a Wikipedia editor. While filing a false DMCA notice is a criminal offense, prosecution in these cases rarely comes about."

An anonymous reader writes "From the EFF webpage: 'Over a period of twelve hours, between this Thursday night and Friday morning, American Rights Counsel LLC sent out over 4000 DMCA takedown notices to YouTube, all making copyright infringement claims against videos with content critical of the Church of Scientology.'"

I Don't Believe in Imaginary Property writes "Wikileaks seems to be a bit hard-up for cash, so they're trying a little experiment. They plan to auction off an archive with three years worth of Hugo Chavez' email. The winner will get a period of embargoed access to break any stories they can find in the files, while Wikileaks will later publish the archive in full. Wikileaks plans to use the profits for their legal defense fund, but they may run into trouble because most reputable news outlets have policies against paying sources."

I Don't Believe in Imaginary Property writes "NASA has received interesting results from the Fermi Gamma-ray Space Telescope, originally known as GLAST, which has allowed them to create new map of the gamma-ray sky. The secret to its ability to resolve gamma-rays is that they use layers of tungsten interleaved with silicon detectors. When a gamma-ray strikes tungsten, it produces an electron/positron pair due to the photoelectric effect, which cascades as it goes through further layers of tungsten. Meanwhile, they record which silicon detectors had electrons or positrons pass through them to determine the direction of the source and they also record the total energy of the electron/positron pairs to calculate the wavelength of the gamma-ray using Planck's Law. The data gathered in just its first few hours of operation is reportedly comparable to the data from the Energetic Gamma-Ray Experiment Telescope, which gathered data for nine years back in the 1990's and there are hopes that it could detect dark matter in the form of weakly interacting massive particles (WIMPs)."

An anonymous reader writes "The Great Internet Mersenne Prime Search (GIMPS) has apparently discovered a new world-record prime number. A GIMPS client computer reported the number on August 23rd, and verification is currently under way. The verification could take up to two weeks to complete. The last Mersenne prime discovered was over 9.8 million digits long, strongly suggesting that the new value may break the 10 million digit barrier — qualifying for the EFF's $100,000 prize!"

I Don't Believe in Imaginary Property writes "The database used by the government to generate lists like the No-Fly List is 'crippled by technical flaws,' according to the chairman of a House technology oversight subcommittee. And the upgrade may be worse than the original. Rep. Brad Miller (D-NC) says that 'if actually deployed, [the upgrade] will leave our country more vulnerable than the existing yet flawed system in operation today.' It seems that the current database doesn't have any easy way to do plain-text matching, forcing users to enter SQL queries. That might not sound so bad until you learn that the database contains 463 poorly indexed tables. How long until there's a terrorist named Robert'); DROP DATABASE; —?"

I Don't Believe in Imaginary Property writes "Attorney General Michael Mukasey has agreed to allow Congressional hearings, but not to delay, the implementation of new FBI regulations that would allow them to spy on American citizens who are not suspected of any crime. As an editorial in the New York Times points out, this is a power that has a history of abuse. In times past, it was used to wiretap Rev. Martin Luther King, Jr. and to spy on other civil rights and anti-war protesters." As Dekortage points out, "Several senators have formally complained that citizens could be investigated 'without any basis for suspicion,' which the Justice Department denies."

I Don't Believe in Imaginary Property writes "Premier Election Solutions (a subsidiary of Diebold) has acknowledged a flaw that causes the systems to lose votes. It cannot be patched before the election and the machines are used in half of Ohio's counties, but they are issuing guidelines for avoiding the problem that presumably contain a work-around. While Diebold initially blamed anti-virus software for the glitch, they have now discovered that the bug was their own fault for not recording votes to memory when the cards are uploaded in 'certain circumstances' — something their initial analysis missed. It would be nice to hope that Ohio poll workers would be tech-savvy enough to make this a non-issue, but they had poll worker shortages last year and might need tech-savvy people to volunteer."

I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."

I Don't Believe in Imaginary Property writes "According to a new ruling, those put on the No-Fly List can challenge their inclusion in federal court. Previously, they had to go directly to an appellate court, which would deprive them of any chance to subpoena documents or witnesses and make gathering evidence difficult or impossible. Knowing the government, they will get around this by creating a 'No-Sue' list and making it even harder to change your name."

bullyBEEF writes "Malicious hackers are using booby-trapped Flash banner ads to hijack clipboards for use in rogue security software attacks. In the Web attacks, which affect Mac, Windows, and Linux users running Firefox, IE, and Safari, bad guys are seizing control of the machine's clipboard (probably using the Flash command setClipboard) and inserting a hard-to-delete URL that points to a fake anti-virus program. A number of legitimate sites have been seen to host ads carrying the attack — including Newsweek, Digg, and MSNBC.com. Researcher Aviv Raff offers a harmless demo of how it's done."

I Don't Believe in Imaginary Property writes "In Vermont, US Magistrate Judge Jerome Niedermeier has ruled that forcing someone to divulge the password to decrypt their hard drive violates the 5th Amendment. Border guards testify that they saw child pornography on the defendant's laptop when the PC was on, but they made the mistake of turning it off and were unable to access it again because the drive was protected by PGP. Although prosecutors offered many ways to get around the 5th Amendment protections, the Judge would have none of that and quashed the grand jury subpoena requesting the defendant's PGP passphrase. A conviction is still likely because prosecutors have the testimony of the two border guards who saw the drive while it was open." The article stresses the potential importance of this ruling (which was issued last November but went unnoticed until now): "Especially if this ruling is appealed, US v. Boucher could become a landmark case. The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for the last decade arguing the merits of either approach."

Update: 08/19 23:49 GMT by KD : Several readers have pointed out that this story in fact did not go unnoticed.