Fight for Government Accountability Over Warrantless Wiretapping

Early last week, EFF asked for your help fighting the Obama
Administration’s cover-up of the Bush Administration’s warrantless
wiretapping program. In the week since we sent that appeal, we’ve seen further confirmation that the warrantless wiretapping situation is just as bad as we feared.

Help EFF fight to protect your civil liberties now:

http://secure.eff.org/wiretapping

On Wednesday evening, an article in the New York Times revealed
astounding abuses of NSA surveillance powers. According to the Times,

“The National Security Agency intercepted private e-mail messages and phone calls of Americans in recent months on a scale that went beyond the broad legal limits established by Congress last year,” resulting in a “significant and systemic” “overcollection” of domestic communications of Americans.

These revelations are just the latest confirmation that the NSA’s
surveillance dragnet is sweeping in the domestic phone calls and
emails of ordinary Americans in violation of the law. It is
imperative that there be strict oversight to ensure that the
government does not abuse its unprecedented access to the domestic networks that carry all of our most private communications. Increasingly, the courts — and in particular, EFF’s lawsuits against the NSA and the telecoms that cooperate with it — appear to be our only hope for government accountability and transparency when it comes
to warrantless wiretapping.

Please support EFF in our efforts to hold the government accountable for illegal surveillance against innocent Americans:

http://secure.eff.org/wiretapping

Sincerely,
Electronic Frontier Foundation

EFFector Vol. 22, No. 10 April 10, 2009

EFFector Vol. 22, No. 10 April 10, 2009 editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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In our 505th issue:

* THE OBAMA ADMINISTRATION HAS EMBRACED BUSH’S POSITION ON
WARANTLESS WIRETAPPING, and goes one step further than the
previous administration. In a motion to dismiss Jewel v.
NSA, the Obama Administration’s Department of Justice (DOJ)
made two deeply troubling arguments.

First, they argued, exactly as the Bush Administration did
on countless occasions, that the state secrets privilege
requires the court to dismiss the issue out of hand. They
asserted that simply allowing the case to continue “would
cause exceptionally grave harm to national security.” As in
the past, this is a blatant ploy to dismiss the litigation
without allowing the courts to consider the evidence.

Second, the DOJ claimed that the U.S. Government is
completely immune from litigation for illegal spying
because the USA PATRIOT Act renders the U.S. immune from
suit under the two remaining key federal surveillance laws:
the Wiretap Act and the Stored Communications Act. This is
a radical assertion that is utterly unprecedented. No one
— not the White House, not the Justice Department, not any
member of Congress, and not the Bush Administration — has
ever interpreted the law this way.

This isn’t change we can believe in. This is change for the
worse.

For the full blog post:
http://www.eff.org/deeplinks/2009/04/obama-doj-worse-than-bush

For the press release:
http://www.eff.org/press/archives/2009/04/05

For Kevin Bankston on “Countdown With Keith Olbermann”:
http://www.eff.org/deeplinks/2009/04/bankston-on-olbermann

For Keith Olbermann on Obama and Wiretapping:
http://www.eff.org/deeplinks/2009/04/keith-olbermann-obama-and-wiretapping

* EFF AND OTHERS HAVE CALLED FOR OBAMA TO DIVERSIFY IP
APPOINTMENTS. Several of the president’s recent appointees
to positions that oversee intellectual property policy have
represented the recording industry or other industries that
support overly broad IP protection. But many positions with
IP policy responsibilities have not yet been filled.

The coalition urged the administration to appoint
individuals representing the diversity of stakeholders
involved in IP issues, and also called on the president to
create new positions dedicated to promoting innovation and
advancing the cause of progress in sciences and the useful
arts.

For the full press release:
http://www.eff.org/press/archives/2009/04/02

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EFF Updates

* Disability Access Activists Gather to Protest Kindle DRM
Hundreds of people gathered in front of the headquarters of
The Authors Guild in New York City to protest the removal
of text-to-speech capabilities in Amazon’s new Kindle 2.
http://www.eff.org/deeplinks/2009/04/protest-kindle-drm

* Michigan Rep. Calls for RFID Review
Michigan Rep. Paul Opsommer wants to know why Michigan is
set to issue new Enhanced Drivers’ Licenses that include
long-range RFID technology.
http://www.eff.org/deeplinks/2009/04/michigan-rep-calls-rfid-review

* Stating the Case Against DRM to the FTC
EFF Staff Attorney Corynne McSherry testified at the FTC’s
town hall meeting on DRM, recommending that the FTC study
DRM’s effect on competition.
http://www.eff.org/deeplinks/2009/03/stating-case-against-drm-ftc

* AP Invokes DMCA Against Obama “Hope” Poster Artist
The AP claims that Shepard Fairey violated the Digital
Millennium Copyright Act (DMCA) in the creation of his
famous poster.
http://www.eff.org/deeplinks/2009/03/ap-uses-dmca-intimidate-hope-artist

* Court Expands Trademark Rights, Restricts Consumer Search
The Second Circuit Court of Appeals has ruled that a
trademark owner can sue Google for trademark infringement
for selling its mark as a keyword as part of the AdWords
program.
http://www.eff.org/deeplinks/2009/04/second-circuit-expands-trademark-rights-restricts-

* EU Copyright Term Extension Battle Heats Up
At least eleven countries’ COREPER representatives voted
against a proposal to extend sound copyright in the EU —
enough votes to block the proposal.
http://www.eff.org/deeplinks/2009/03/every-vote-counts-eu-copyright-term-extension-batt

* Observations from the Three-Strikes Rumor Storm
Though there appears to be no need for immediate concern
that customers could be targeted for disconnection, the
rumors and subsequent responses from ISPs reveal important
information about the state of play for three strikes.
http://www.eff.org/deeplinks/2009/03/observations-three-strikes-rumor-storm

* Warner Music Targeting More than YouTube
ZDNet columnist Jason Perlow reports that Warner Music came
after his wife’s video slideshow on Vimeo, another video
hosting site.
http://www.eff.org/deeplinks/2009/04/warner-music-targeting-more-youtube

* iPods, First Sale, Obama, and the Queen of England
President Obama reportedly gave an iPod, loaded with 40
show tunes, to England’s Queen Elizabeth II as a gift. Did
he violate the law when he did so?
http://www.eff.org/deeplinks/2009/04/first-sale-president-obama-and-queen-england

* More on Choruss, Pro and Con
The public debates about Choruss have begun, with those on
both sides contributing valuable thoughts about the
advantages and disadvantages of Choruss.
http://www.eff.org/deeplinks/2009/03/more-choruss-pro-and-con

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miniLinks

~ Social Network Sites “Monitored” in UK
The UK government proposed rules that would allow the use
of social networking sites to monitor criminal activity.
http://news.bbc.co.uk/2/hi/uk_news/politics/7962631.stm

~ Freedom on the Net
Freedom House takes comprehensive look at government
tactics for controlling communications around the world.
http://www.freedomhouse.org/template.cfm?page=383&report=79&group=19

~ “Playmobil Priest” Faces Company’s Wrath
A priest who transformed Playmobil figures into biblical
characters is facing copyright infringement claims.
http://www.google.com/hostednews/afp/article/ALeqM5hJAL_5AKOH4SHJ1rzWy5w8q16Gig

For more miniLinks:
http://www.eff.org/deeplinks/2009/04/minilinks-2009-04-10

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Announcements

* Come See EFF at RSA and MySQL!

EFF will be at two conferences this April: RSA and MySQL.
Come and see us at RSA, April 20-24, or at MySQL, April
21-22. Whichever conference you attend, please visit our
booth and grab some EFF swag during exhibit hours. We look
forward to seeing you!

For more information on RSA:
http://www.rsaconference.com/2009/us/index.htm

For more information on MySQL:
http://www.mysqlconf.com/mysql2009

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Administrivia

EFFector is published by:
The Electronic Frontier Foundation
http://www.eff.org/about

Editor:
Sara Bassett, Membership Services Assistant
sara@eff.org

Membership & donation queries:
membership@eff.org

To support EFF:
secure.eff.org/donate

General EFF, legal, policy, or online resources queries:
information@eff.org

Back issues of EFFector are available at:
http://www.eff.org/effector/

To change your email address:
http://action.eff.org/addresschange

To support EFF:
secure.eff.org/donate

Reproduction of this publication in electronic media is
encouraged. This newsletter is printed on 100% recycled
electrons.

Electronic Frontier Foundation 03/2009

I like to keep tabs on what the government and corporate beings out there are trying to do to invade our privacy or limit our freedoms through the internet and technology. EFF fights for all of us and have our best interest at heart. Check them out just so you know what the issues are and how they affect you and yours.

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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In our 503rd issue:

* EFF LAUNCHED A SEARCH TOOL FOR UNCOVERED GOVERNMENT
DOCUMENTS as part of our celebration of Sunshine Week. The
search tool is sophisticated technology that allows the
public to closely examine thousands of pages of documents
we have pried loose from secretive government agencies. In
addition, we’re posting scores of never-before seen
documents on several controversial government initiatives,
including the FBI’s Investigative Data Warehouse and DCS
3000 surveillance program, and the Department of Homeland
Security’s Automated Targeting System and ADVISE
data-mining project.

Over the past two and a half years, EFF has filed hundreds
of FOIA requests and made thousands of pages of once-secret
documents available to the public on our website. Our FOIA
work has revealed details about the FBI’s improper use of
National Security Letters, uncovered the Department of
Homeland Security’s internal policies on searching and
interrogating travelers at the border, and revealed
information about the technology the government uses to
wiretap cell phones.

The release of these new documents is just one step in the
ongoing fight for greater government transparency. EFF will
continue to pressure the government to remember its
obligations to transparency and to the public.

To support EFF’s FOIA work:
secure.eff.org/foia

For the full press release:
http://www.eff.org/press/archives/2009/03/16

More on our celebration of Sunshine Week:
http://www.eff.org/deeplinks/2009/03/foia
http://www.eff.org/deeplinks/2009/03/sunshine-week-commonsense-transparency-readthebill
http://www.eff.org/deeplinks/2009/03/sunshine-week-october-11-2002-nsa-surveillance-mem
http://www.eff.org/deeplinks/2009/03/sunshine-week-february-8-2002-nsa-surveillance-mem
http://www.eff.org/deeplinks/2009/03/sunshine-week-missing-documents-nsa-surveillance
http://www.eff.org/deeplinks/2009/03/sunshine-week-traffic-analysis-fall-2004

* ANONMYITY AND PRIVACY SHOULD NOT ADD UP TO PRISON TIME,
EFF argued before the United States Sentencing Commission
this week. EFF urged the court to reject modifications to
federal sentencing guidelines that would require extra
prison time for people who use technology that hides one’s
identity or location. Under current rules, a criminal
defendant can get additional time added to a prison
sentence if he used “sophisticated means” to commit the
offense.

In its testimony before the commission, EFF argued that
sentencing courts should not assume that using proxies —
technologies that can anonymize users or mask their
location — is a mark of sophistication. In fact, proxies
are widely employed by corporate IT departments and public
libraries and, like many computer applications, can be used
with little or no knowledge on the part of the user.
For the full press release:
http://www.eff.org/press/archives/2009/03/17

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EFF Updates

* EFF Urges Court to Block Ploy for Cell Phone Location
EFF urged a U.S. appeals court Monday to block the
government’s repeated attempts to seize cell phone location
information — a record of where the cell phone user
travels throughout each day — without a warrant in
violation of communications privacy statutes and the
Constitution.

http://www.eff.org/press/archives/2009/03/17-0

* Attorney General Sets New FOIA Policy
The new FOIA guidelines released this week by Eric Holder
express strong support for government transparency and
establish a presumption in favor of disclosure of
information requested under FOIA.
http://www.eff.org/deeplinks/2009/03/attorney-general-sets-new-foia-policy-its-impact-r

* CNET Axes Blogger Who Exposed Whitehouse.gov Privacy
Issue
CNET will no longer carry Surveillance State by Chris
Soghoian, an blogger who produced some of the best coverage
on the issue of privacy for users of government websites.
http://www.eff.org/deeplinks/2009/03/cnets-fails-stand-blogger

* DOJ Seeks Jail Time for Music Sharing
The government asked for a six-month prison sentence for
Kevin Cogill, who recently plead guilty to a pre-release
leak of the Guns N’ Roses album Chinese Democracy.
http://www.eff.org/deeplinks/2009/03/doj-seeks-jail-time-music-sharing

* The Fair Use Massacre Continues
Thanks to the good folks at YouTomb, we’ve learned that
Warner Music’s automated takedown net has now caught two
videos of little kids being little kids.
http://www.eff.org/deeplinks/2009/03/fair-use-massacre-continues-now-warner-s-going-aft

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miniLinks

~ Pentagon Official Warns of Risk of Cyber Attacks
An Air Force general made the case that the US is
vulnerable to attack, but says the military has not been
asked to defend Internet infrastructure.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/17/AR2009031702715.html

~ Partial List of Corporations Allowed to See ACTA
The public and activist groups don’t have access to the
secret copyright treaty, but these corporations do.

Partial list of corporate lickspittles who are allowed to know what’s in the secret copyright treaty the Obama administration claims is a matter of “national security”

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Announcements

* You’re Invited to a “Geek Reading” with Authors Cory
Doctorow, Rudy Rucker, Annalee Newitz, and Charlie Anders
at 111 Minna Gallery

Join EFF on Monday, March 23rd, for a fundraising event
featuring award-winning writer Cory Doctorow. Cory will be
reading from his novel, “Little Brother,” a story of
high-tech teenage rebellion set in the familiar world of
San Francisco. As he currently calls the UK home, this is
a rare opportunity to to hear Cory read from his work in
person. He will be joined by fellow writers Rudy Rucker,
Annalee Newitz and Charlie Anders reading from their latest
works.

WHEN:

Monday, March 23rd, at 7:30 p.m.

WHO:

Cory Doctorow (craphound.com) is a science fiction
novelist, blogger and technology activist. He is the
co-editor of the popular weblog Boing Boing
(boingboing.net), and a contributor to Wired, Popular
Science, Make, the New York Times, and many other
newspapers, magazines and websites. Cory is an EFF fellow
and the former Director of European Affairs at EFF. He has
won the Locusand Sunburst Awards and been nominated for the
Hugo, Nebula and British Science Fiction Awards. His
latest novel, New York Times Bestseller “Little Brother,”
was published in May 2008, and his latest short story
collection is “Overclocked: Stories of the Future Present.”

Rudy Rucker is a popular science fiction and nonfiction
writer. Born in Kentucky in 1946, Rudy studied
mathematics, earning a Ph.D. from Rutgers University in the
theory of infinite sets. After working 15 years as a
mathematics professor on the East Coast, Rudy moved to
Silicon Valley in 1986 to become a computer science
professor at San Jose State University, also working as a
software engineer at Autodesk, Inc. After some 20 years at
SJSU, Rudy retired from teaching. Rudy has published 29
books, including five non-fiction popular science books on
such topics as relativity, infinity, the fourth dimension,
and information. “The Lifebox, the Seashell, and the
Soul”–his most recent nonfiction book–is about the
meaning of computation.

Annalee Newitz is a journalist who covers the cultural
impact of science and technology, covering such topics as
open source software and hacker subcultures. Annalee
writes for many periodicals, including Popular Science and
Wired, and since 1999 has had a syndicated weekly column
called Techsploitation. From 2004-2005, Annalee was a
policy analyst for the Electronic Frontier Foundation. She
is the editor of io9, a Gawker-owned science fiction blog.

Charlie Jane Anders blogs about science fiction at io9.com.
She organizes the Writers With Drinks reading series and is
starting a weekly podcast called “I Am So Smart.” Her
writing has appeared most recently in “The McSweeney’s Joke
Book Of Book Jokes,” Mother Jones magazine, and the
upcoming “Science Fiction: The Best of the Year, 2009
Edition.” Charlie wrote a novel called “Choir Boy” and
co-edited an anthology called “She’s Such a Geek.” Find
her on Twitter as “charliejane.”

WHERE:

111 Minna Gallery
111 Minna St. @ 2nd
San Francisco, CA 94105

Admission is $25. No one turned away for lack of funds.
Must be 21 or older to attend.

RSVP to: events@eff.org

111 Minna Gallery is accessible via BART. Get off at the
Montgomery station and use the exit marked 2nd and Market.
Walk south on 2nd Street until you reach 111 Minna Gallery
on the right. It’s also walking distance from the Caltrain
station.
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Administrivia

EFFector is published by:
The Electronic Frontier Foundation
http://www.eff.org/about

Editor:
Sara Bassett, Membership Services Assistant
sara@eff.org

Membership & donation queries:
membership@eff.org

To support EFF:
secure.eff.org/donate

General EFF, legal, policy, or online resources queries:
information@eff.org

Back issues of EFFector are available at:
http://www.eff.org/effector/

To support EFF:
secure.eff.org/donate

Reproduction of this publication in electronic media is
encouraged. This newsletter is printed on 100% recycled
electrons.