Angus McKraken brings us a Washington Post story about how travelers are seeking more well-defined policies and rules about the search and seizure of electronic devices by U.S. Customs officials. The EFF has already taken legal action over similar concerns. We recently discussed the related issue of requiring people to disclose their passwords in order to search their private data. From the Post: "Maria Udy, a marketing executive with a global travel management firm in Bethesda, said her company laptop was seized by a federal agent as she was flying from Dulles International Airport to London in December 2006. Udy, a British citizen, said the agent told her he had 'a security concern' with her. 'I was basically given the option of handing over my laptop or not getting on that flight,' she said. 'I was assured that my laptop would be given back to me in 10 or 15 days,' said Udy, who continues to fly into and out of the United States. She said the federal agent copied her log-on and password, and asked her to show him a recent document and how she gains access to Microsoft Word. She was asked to pull up her e-mail but could not because of lack of Internet access. With ACTE's help, she pressed for relief. More than a year later, Udy has received neither her laptop nor an explanation."

NewYorkCountryLawyer writes "p2pnet.net reports that the RIAA has egg on its face. When the Electronic Frontier Foundation requested permission to file an amicus curiae brief on behalf of Boston University students challenging the RIAA's ex parte discovery order, the RIAA lawyers attacked the blog 'Recording Industry vs. The People' for its criticism of the RIAA as seeking to 'abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children' and then falsely claimed that the blog's author is an EFF attorney — this despite the fact that they know that the blog's author (known on Slashdot as NewYorkCountryLawyer) is a partner in a New York law firm and not an EFF attorney. Judge Gertner apparently wasn't impressed, and granted the EFF's motion, rejecting the RIAA's objections, since she felt amici curiae might 'shed light' on the 'copyright law' and 'computer technology' issues before her."

PizzaFace writes "U.S. Customs agents have long had broad authority to examine the things a person tries to bring into the country, to prevent the importation of contraband. The agents can conduct their searches without a warrant or probable cause to believe a crime has been committed. In recent years, Customs agents have begun using their authority to insist on copying data brought to the border on laptop computers, cell phones and other devices. The government claims that this intelligence-gathering by Customs is the same as looking in a suitcase. In response the EFF is filing a lawsuit attempting to force the government to reveal its policies on border searches. 'The question of whether border agents have a right to search electronic devices at all without suspicion of a crime is already under review in the federal courts. The lawsuit was inspired by some two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics.'"

netbuzz alerts us to a letter the EFF sent today to Senators Leahy and Specter pointing out a deleterious clause in the current draft of the Patent Reform Act of 2007 — which EFF generally supports. As written, the proposal would kill the EFF's Patent Busting Project. Fine print in the bill would limit the time in which a patent could be challenged, by anyone other than those suffering direct financial harm, to one year after the patent's grant. Since the EFF is non-profit it would have a hard time showing financial harm.

I Don't Believe in Imaginary Property writes "The EFF is attacking more bogus patents. This time they're going after the 'method and system of playing games on a network' which covers tournament ladders, online rankings and advertisements. The patent in question has already been asserted against a number of small companies who know that licensing it is cheaper than litigating. Ars Technica's coverage mentions that Netrek looks like a good source of prior art. 'Netrek, an online multiplayer game with origins in the mid 1980s, makes use of much of the same technology described in Goldberg's patent. Much of the code for Netrek is open source, and its development is archived online; the source code was first posted to Usenet in late 1989. The EFF has also documented other instances of prior art with the assistance of students at the Cyberlaw Clinic at the Berkman Center for Internet and Society at Harvard Law School.'"

I Don't Believe in Imaginary Property writes "Warner Bros. Records is suing SeeqPod, the music search engine, in an attempt to test the limits of the DMCA Safe Harbor provisions with a theory of contributory, vicarious and inducement liability. While other services like Last.fm have cut deals with the labels, SeeqPod relied on the DMCA Safe Harbor alone to protect it. According to the complaint [PDF] SeeqPod 'deliberately refrains' from adding simple yet ineffective content filters to screen out copyright infringing materials, presumably by not buying those filters from label-affiliated companies. Of course, this lawsuit is merely part of a recent trend seeking to move the responsibility for policing copyrights away from the copyright holders and on to third parties."

I Don't Believe in Imaginary Property writes "Jennifer Stoddart, the Privacy Commissioner of Canada, has criticized the proposed Canadian DMCA in a public letter to Jim Prentice, the Canadian Minister of Industry. Specifically, she's asking them not to protect any DRM from circumvention that gathers and transmits personal data, because that would give abusive DRM makers a legal cudgel to use against anyone who exposes them. The proposed bill, which was recently delayed due to heavy opposition, is thought to contain DMCA-style anti-circumvention provisions that would make it illegal to investigate or remove intrusive DRM, even if that DRM was violating Canadian privacy laws."

Unequivocal writes "According to the Electronic Frontier Foundation, Yahoo has filed a patent for 'smart' drag and drop. From the article: 'A computer-implemented method for manipulating objects in a user interface, comprising: providing the user interface including a first interface object operable to be selected and moved within the user interface; and in response to selection and movement of the first interface object in the user interface, presenting at least one additional interface object in the user interface in proximity of the first interface object, each additional interface object representing a drop target with which the first interface object may be associated.' How do these patent claims differ from normal drag and drop? In pretty trivial ways if at all, but it may be hard for a patent examiner to understand that trivial changes in drag and drop user interface are not in fact novel enough to warrant a patent. If Yahoo gets this patent, they'll have a mighty big stick to shake at competitors."

I Don't Believe in Imaginary Property writes "Ars Technica has up a nice article on why security consultant Ed Giorgio's statement that 'privacy and security are a zero-sum game' is wrong. The author reasons that, due to Metcalfe's law, the more valuable a government network is to the good guys, the more valuable it is to the bad guys. Given the trend in government to gather all of its eggs into one database, unless more attention is paid to privacy, we'll end up with neither security nor privacy. In other words, privacy and security are a positive-sum game with precarious trade-offs — you can trade a lot of privacy away for absolutely no gain in security, but you don't have to."

plasmacutter writes "The EFF is raising the alarm regarding provisions injected into a bill to renew federal funding for universities. These new provisions call for institutions of higher learning to filter their internet connections and twist student's arms over 'approved' digital media distribution services. 'Under said provision: Each eligible institution participating in any program under this title shall to the extent practicable — (2) develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity. Similar provisions in last year's bill did not survive committee, it appears however that this bill is headed toward the full house for vote.' Responding to recriminations over this threat to university funding, an MPAA representative claims federal funds should be at risk when copyright infringement happens on campus networks." We've previously discussed this topic, as well as similar issues.

BigTimOBrien writes to mention the EFF is reporting that self-proclaimed cyberlawyer, Eric Menhart, has decided to trademark use of the term "cyberlaw" and is threatening other lawyers with legal action over the term. "I wish I could say I was surprised by this one, but such overreaching invocations of IP rights are all too common -- even where, as in this case, there are no actual "rights" to speak of. But an IP lawyer should know that courts (and trademark examiners, and many tech companies that might be potential clients) don't look kindly on efforts to abuse trademark law to control everyday language. Here's hoping Menhart figures that out fast."

I Don't Believe in Imaginary Property writes "According to a leaked internal memo, Time Warner Cable is testing out tiered bandwidth caps in their Beaumont, TX division as a way to fairly balance the needs of heavy users against the limited amount of shared bandwidth cable can provide. The plan is to offer various service tiers with bandwidth fees for overuse, as well as a bandwidth meter customers can use to help them stay within their allotment. If it works out, they will consider a nation-wide rollout. Interestingly, the memo also claims that 5% of subscribers use over 50% of the total network bandwidth."

I Don't Believe in Imaginary Property writes "The FCC has officially opened proceedings investigating Comcast's use of Sandvine to send RST packets and 'throttle' P2P connections by disconnecting them. The petitioner, Vuze, Inc. is asking the FCC to rule that Comcast's measures do not constitute 'reasonable network management' per the FCC rules and to forbid Comcast from unreasonably discriminating against lawful Internet applications, content, and technologies. If you want to weigh in on these proceedings, you can use the Electronic Comment Filing System to comment on WC Docket no. 07-52 any time before February 13th."

Castar writes "BoingBoing has a post about an upcoming summit in San Francisco about the issue of Net Neutrality. The EFF and speakers on both sides of the issue are gathering to debate and spread awareness of Network Neutrality, which is an increasingly important topic. The FCC, of course, might have the final word."

NewYorkCountryLawyer writes "In Atlantic v. Howell, the Phoenix, Arizona, case in which a defendant who has no legal representation has been battling the RIAA over its theory that merely 'making files available for distribution' is in and of itself a copyright infringement, Mr. Howell has received some help from an outside source. On the last day allowed for the filing of supplemental briefs, the Electronic Frontier Foundation filed an amicus curiae brief agreeing with Mr. Howell, and refuting the RIAA's motion for summary judgment. The brief (PDF), which is recommended reading for anyone who wants to know what US copyright law really says, points out that 'contrary to Plaintiffs' arguments, an infringement of the distribution right requires the unauthorized, actual dissemination of copies of a copyrighted work.' This is the same case in which the RIAA claimed that Mr. Howell's MP3s, copied from his CDs, were themselves unlawful."

An anonymous reader writes "Back in 2004, Slashdot posted about computer solitaire being patented. It was a ridiculous patent and made it onto the EFF's list of worst patents. However, not much had been heard about that patent until now. It turns out that the patent holder, Sheldon Goldberg, is now using that patent to sue a bunch of different online publications, including Digg, eBaum's World, the NY Times, Cnet and the Washington Post. He's also suing Google, Yahoo and AOL (why not?)."

Panaqqa writes "It's taken some time, but the EFF's Patent Busting Project is making progress. In the latest news, the USPTO has now officially rejected one of the 10 awful patents targeted, making the world safe again for administering tests over the Internet. This joins the reexamination of a patent on automated remote access of a computer over a network and the revocation of a patent on recording live performances to CD as notable successes for the EFF."

I Don't Believe in Imaginary Property brings us an article describing the possibility of a new type of non-volatile storage based on quantum dot technology. So far, researchers in Germany have achieved 10ns access times and 0.7Hz refresh rates. Their calculations predict that the access time could be maintained for up to a million years. We have discussed other technologies based on quantum dots, such as solar panels and information teleportation. From the Ars Technica article: "Quantum dots can do this because there is more design freedom in setting them up. Normal flash memory relies on the huge potential barrier created by a silicon oxide layer. However, to get electrons across that barrier when writing data to a flash cell requires a lot of energy, energy that destroys the silicon oxide layer. Quantum dots, in contrast, have tunable properties, so the barrier can be kept low."

I Don't Believe in Imaginary Property writes "According to a new report by Digital Music News, 36.4% of the world's computers have LimeWire installed. Given their claim that filling an iPod legally would cost about $40,000, they're pretty sure that most of those computers are infringing upon at least a few imaginary property rights. BitTorrent shouldn't feel left out, though. BitTorrent actually uses more bandwidth, but the article suggests that this is because it is used to share larger files, like movies."

IPU = Imaginary Property Unicorn writes "The proposed Australian 'Access Card', a universal ID that would be required for any Australian wishing to use Medicare, Centrelink, the Child Support Agency, or Veterans' Affairs, has been scrapped by the incoming Rudd Labor Government. The card would have contained an RFID tag with the person's name, date of birth, gender, address, signature, card number, card expiration date, and Medicare number, but there were also provisions to add more personal data later on. It seems that Rudd Labor is not eager to copy the American REAL ID Act."