EFFector Vol. 14, No. 8 Apr. 30, 2001 editor@eff.org

EFFector Vol. 14, No. 8 Apr. 30, 2001 [email protected]

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

IN THE 168th ISSUE OF EFFECTOR (now with over 27,400 subscribers!):

* EFF's Victory for Online Anonymous Speech
* EFF Releases Public Music License to Promote Audio Freedom
* CHIPA Internet Blocking Protest Roundup
* BayFF On Internet Blocking Software - May 6, 2001
* DeCSS Case to be Reviewed by Appellate Court
* Administrivia

For more information on EFF activities & alerts: http://www.eff.org
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EFF's Victory for Online Anonymous Speech

FEDERAL COURT UPHOLDS ANONYMOUS SPEECH ON INTERNET

For immediate release - Apr. 20, 2001

Contact:

Lauren Gelman, EFF Public Policy Director
+1 202-487-0420 [email protected]

Seattle -- In a precedent-setting ruling on free speech in cyberspace,
a federal court in Seattle yesterday upheld the right to speak
anonymously on the Internet. U.S. District Court Judge Thomas Zilly
quashed a subpoena seeking to force an Internet service to disclose
the identity of persons who spoke anonymously on an Internet message
board. The American Civil Liberties Union (ACLU) and the Electronic
Frontier Foundation (EFF) represented J. Doe, one of the anonymous
speakers, in blocking the subpoena.

The subpoena was filed by 2TheMart.com, Inc., which is currently
defending itself against a class-action lawsuit alleging the company
engaged in securities fraud. The subpoena requested that InfoSpace
turn over the identities of 23 speakers who used pseudonyms in
participating on the Silicon Investor Web site owned by InfoSpace.

The ruling is the first of its kind nationally in a case involving
anonymous speech by a third party. The case differs from many other
Internet anonymity cases because J. Doe, who used the pseudonym
"NoGuano," is not a party to the case, and no allegations of liability
against Doe have been made. While Doe does maintain a Silicon Investor
account, Doe never made any statements about 2TheMart, nor has Doe
ever posted on Silicon Investor's 2TheMart message board.

"This is an important ruling for free speech on the Internet. The
court recognized that you should be able to express opinions online
without having to worry your privacy will be invaded because of a
lawsuit that has nothing to do with you," said Aaron Caplan, staff
attorney for the American Civil Liberties Union, an organization with
an 80-year history of defending freedom of speech. "You have the right
to speak anonymously on an Internet bulletin board just as you have
the right to distribute a leaflet using a pseudonym," added Caplan.
Caplan argued the case on behalf of J. Doe before the Court.

"By ruling for Doe, Judge Zilly has sent a clear message that the
courts will not tolerate lawsuits designed to chill online speech,"
said Lauren Gelman, director of public policy for the Electronic
Frontier Foundation, a civil liberties organization working to protect
rights in the digital world. "We hope that this decision will force
companies to think twice before they issue subpoenas, and encourage
users to step forward and protect their rights if they receive a
subpoena."

The ACLU and EFF argued that the Court should adopt the same test
currently used to determine whether to compel identification of
anonymous sources of journalists or members of private organizations.
Under that test, the Court must first determine whether the person
seeking the protected private information (in this case 2TheMart.com)
has a genuine need for the information in the context of the case and
cannot discover the information any other way. If so, the Court must
then balance the harm to the anonymous speakers against the
plaintiff's need to discover the identity of the speaker. Anonymity
should be preserved unless the identity of the anonymous person is
clearly shown to be of central importance to the case. In his ruling,
Judge Zilly said that the information sought by the subpoena clearly
was not central to the case of 2TheMart.com.

2TheMart.com was a fledgling company that intended to launch an online
auction house. After its stock price plunged in 1999, a number of
investors sued for securities fraud, alleging that the company had
misled them about its prospects. Like many Internet start-ups,
2TheMart.com had a number of people who chatted about the company on
investor-related bulletin boards. One of these bulletin boards was
operated by Silicon Investor, a Web site now owned by Seattle-based
InfoSpace. The postings were made under 23 different user names,
including "The Truthseeker," "Edelweiss," and "NoGuano."

J. Doe was represented by ACLU staff attorney Aaron Caplan and Cindy
Cohn, legal director for EFF. InfoSpace also submitted a brief
supporting the right of its users to speak anonymously, and Brent
Snyder of Perkins Coie argued the case before Judge Zilly on behalf of
InfoSpace.

The briefs may be found at the EFF Web site at
http://www.eff.org
and the ACLU Web site at
http://www.aclu-wa.org.

An opinion will be published in the case and will be posted on the Web
sites when it is available.

_________________________________________________________________

EFF Releases Public Music License to Promote Audio Freedom

Artists and Audiences Strike New Deal to Protect Public Commons

For Immediate Release - April 21, 2001

Contact:

Robin Gross, EFF Staff Attorney for Intellectual Property,
+1 415-863-5459
[email protected]

New York -- The Electronic Frontier Foundation (EFF) introduced a new
tool designed to empower both artists and audiences at the New York
Music & Internet Expo on April 21, 2001. As part of its Campaign for
Audiovisual Free Expression (CAFE), EFF's Open Audio License allows
anyone to freely copy, share, perform, and adapt music in exchange for
providing credit to the artist for her gift to humanity.

EFF's Open Audio License enables musicians and society to build upon
and share creative expression creating a rich public commons. Artists
who chose to release a song under the public license can build their
reputation by offering unfettered access to their orginal works in
exchange for recognition. Open Audio works are designated as "(O)" by
the author and may be lawfully traded on file-sharing systems such as
Napster or played by traditional and Web DJs royalty-free. Numerous
musicians have traditionally taken advantage of super-distribution of
their music, such as the Grateful Dead, a band that attributes much of
its success to its encouragement of fans to freely copy and share
their music.

"EFF's Open Audience License hopes to use the power of copyright to
protect copyright's ultimate objectives a vibrant and accessible
public domain, incentivising creativity, and promoting the free
exchange of ideas," said EFF Staff Attorney for Intellectual Property
Robin Gross. "EFF's public music license strikes a new deal between
creators and the public, granting more freedoms to the public to
experience music while ensuring the artist is compensated."

The online civil liberties group launched CAFE in June 1999 to address
complex social and legal issues raised by new technological measures
for protecting intellectual property. EFF believes that new
intellectual property laws and technologies harm - nearly eliminate -
the public's fair use rights, and make criminals of people doing
perfectly legitimate things.

To read EFF's Open Audio License & supporting documents, see:
http://www.eff.org/IP/Open_licenses

For more information on EFF's CAFE campaign, see:
http://www.eff.org/cafe

About EFF: The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the digital world.
Founded in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org

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CHIPA Internet Blocking Protest Roundup

Electronic Frontier Foundation Media Release

Nationwide Protests Counter CHIPA Internet Blocking Law

Growing Opposition to Internet Blocking in Schools and Libraries

FOR IMMEDIATE RELEASE - Friday, April 20, 2001

Contacts:

Will Doherty, EFF Online Activist / Media Relations
+1-415-436-9333 x111
[email protected]

Katina Bishop, EFF Offline Activist,
+1-415-436-9333 x101
[email protected]

April 20, 2001 -- A spirited crowd of activists opposed to Internet
blocking protested, some of them chanting in pouring rain today,
against implementation of Congressionally-mandated Internet blocking
in schools and libraries. The protests took place in Pleasanton,
California, and Long Island, New York, as well as in "blackouts" of
websites supportive of the action.

Berkeley City Council member Kriss Worthington spoke at the Pleasanton
protest stating, "Our schools and libraries must be the safety net to
make education available through the Internet. CHIPA's cybernet
censorship is unconstitutional, un-American, and unacceptable."

Worthington was joined by Jim Schmidt of San Jose State University,
who served on the Congressional Child Online Protection Act (COPA)
Commission; Will Doherty, Online Activist at the Electronic Frontier
Foundation and Executive Director of the Online Policy Group; and by
Lisa Maldonado, Field Director, American Civil Liberties Union of
Northern California.

Maldonado commented, "The government is trying to strangle the free
flow of information on the Internet to those library patrons who need
it the most. CHIPA would widen the 'digital divide' that already
exists between those who can afford Internet access at home and those
who rely on their public library for Internet access."

"The government-mandated requirement for Internet blocking in schools
and libraries violates the free expression rights of American, adults
and minors alike," explained Will Doherty, EFF Online Activist. "We
must protest Congressionally-mandated Internet blocking because it
censors Constitutionally-protected materials, stunts the intellectual
growth of American children, and weighs unfairly on disadvantaged and
'controversial' communities."

Internet blocking technologies underblock what they are supposed to
block and overblock what they are not supposed to block. They rely on
subjective control from software product companies many of whom
exhibit clear political and religious biases, rather than relying on
local communities to decide for themselves. The products are
error-prone, vulnerable, problematic, and unfairly discriminatory,
denying access to constitutionally protected and educationally
important materials that schools and libraries would otherwise
provide. Government-mandated censorship does not solve problems better
handled through local decision making and educational efforts.

The Pleasanton protest place at offices of the Federal Communications
Commission because it is the agency tasked by Congress with
enforcement of the Children's Internet Protection Act (CHIPA a.k.a.
CIPA) blocking law.

EFF, along with co-sponsors such as the Online Policy Group
(www.onlinepolicy.org )and the American Civil Liberties Union (
http://www.aclunc.org ), called the protests to demonstrate the
growing public opposition to Internet blocking in schools and
libraries.

Protests or celebrations will occur on some or all of the following
dates:
* Summer 2001 - The United States District Court, Eastern District
of Philadelphia, will make a decision on the CHIPA challenge filed
by the American Civil Liberties Union (ACLU), the Electronic
Frontier Foundation (EFF), the American Library Association (ALA),
and others.
* July 1, 2001 - By this date US schools and libraries must comply
with CHIPA in order to get "year four" e-Rate discounts
administered by the Federal Communications Commision.
* October 28th, 2001 - By this date US schools and libraries must
certify their compliance with CHIPA to the Federal Communications
Commission (FCC)

If you are interested in organizing a protest in you local area,
please send email to:
[email protected]

More information on the Internet blocking protests is available on the
EFF website at:
http://www.eff.org/Censorship/Censorware

The Electronic Frontier Foundation ( http://www.eff.org ) is the
leading civil liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and challenges
industry and government to support free expression, privacy, and
openness in the information society. EFF is a member-supported
organization and maintains one of the most-linked-to websites in the
world.

_________________________________________________________________

BayFF on Internet Blocking Software - May 6, 2001

Electronic Frontier Foundation Media Advisory

Contact:

Katina Bishop, EFF Offline Activist,
+1-415-436-9333 x101
[email protected]

Join the Electronic Frontier Foundation (EFF) in a Panel Discussion on
Internet Blocking in Schools and Libraries

WHO: Electronic Frontier Foundation: Will Doherty, Online Activist,
and Lee Tien, Senior Staff Attorney; James C. Hormel Gay and Lesbian
Center: Jim Mitulski; N2H2: David Burt, Market Researcher; San
Francisco Board of Supervisors: Mark Leno; San Francisco Public
Library: Susan Hildreth; Santa Clara University: Tom Shanks, Ph.D,
Professor.
WHAT: "BayFF" Panel Discussion on Internet Blocking in Schools and
Libraries: Law, Litigation, and Community Response
WHEN: Sunday, May 6, 2001 at 2:00 PM Pacific Time
WHERE: San Francisco Public Library
Room: Koret Auditorium
100 Larkin Street
San Francisco, CA 94102
Tel: 415-557-4400 (for directions only)

This event is free and open to the general public.

With the United States Congress' passage of legislation requiring the
use of Internet blocking technologies in all public schools and
libraries participating in certain federal programs, it has become
clear that these schools and libraries are facing a variety of
challenges.

Panelists:

Will Doherty is the Electronic Frontier Foundation's Online Activist.
He spearheads online outreach and grassroots organizing on EFF's
pioneering work to protect Internet free speech and privacy rights.
Doherty also currently serves as Founder and Executive Director of the
Online Policy Group, dedicated to "one Internet with equal access for
all." Doherty has designed and implemented Internetstrategies and
websites for many nonprofit community and advocacy organizations

David Burt is currently employed as a market researcher and analyst at
N2H2, a leading Internet filtering company. Mr. Burt joined N2H2 in
April, 2000 after nearly three years as president of Filtering Facts,
an organization devoted to the study and promotion of Internet content
management software.

Susan Hildreth - Susan Hildreth is the City Librarian for the San
Francisco Public Library. She has served as both Acting City Librarian
and Deputy City Librarian since July 1998. She has previously worked
with the California State Library, the Sacramento Public Library, the
Placer County Library and other public libraries in northern
California. She is active in both the American Library Association and
the California Library Association and is an advocate for the
library's role as a provider of all types of information for all
users.

Other Participants:

The panel will be moderated by Tom Shanks.
Tom Shanks, Ph.D., is Senior Fellow in Business and Public Policy at
the Markkula Center for Applied Ethics and Associate Professor of
Communication at Santa Clara University in Santa Clara, California. He
is also a Senior Scholar with the Washington, D.C., Ethics Resource
Center. Shanks is a nationally-recognized expert in ethical
decision-making and has conducted workshops and teaching seminars on
ethics and values for corporate and nonprofit leaders, business and
professional organizations, educators, engineering professionals,
health care providers, and students.

Lee Tien is a senior staff attorney at the Electronic Frontier
Foundation, a non profit public-interest organization based in San
Francisco. He specializes in free speech law, including intersections
with intellectual property law and privacy law. Before joining EFF, he
also litigated FOIA cases. He has published articles on children's
sexuality and information technology, anonymity, surveillance, and the
First Amendment status of computer software.

Mark Leno is a member of the San Francisco Board of Supervisors. He
recently introduced a Board resolution that prohibits the use of
Internet blocking software on computers owned by the City or County of
San Francisco.

This event is sponsored by: Electronic Frontier Foundation, San
Francisco Public Library, James C. Hormel Gay and Lesbian Center,
Friends and Foundation of the San Francisco Public Library, Online
Policy Group, and Mark Leno, Member of Board of Supervisors, San
Francisco.

The San Francisco Public Library is located across the street from the
Civic Center BART/Muni stop. For directions to the event, you can use
free services like http://www.mapquest.com or http://maps.yahoo.com to
generate driving directions or maps. For CalTrain and Muni directions,
please call their information lines. You can subscribe to receive
future BayFF annoucements. To subscribe, email [email protected] and
put this in the text (not the subject line):
subscribe bayff

Continuing over 10 years of defending civil liberties online, EFF
presents a series of monthly meetings to address important issues
where technology and policy collide. These meetings, entitled "BayFF",
(Bay-area Friends of Freedom), kicked off on July 10, 2000, and will
continue on a monthly basis.

For more information, see:
The Electronic Frontier Foundation:
http://www.eff.org

BayFF Meetings Info Page:
http://www.eff.org/bayff

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most-linked-to Websites in the world:
http://www.eff.org

_________________________________________________________________

DeCSS Case to be Reviewed by Appellate Court

Electronic Frontier Foundation Media Advisory

Free Speech on Trial in DVD Fair Use Case

FOR IMMEDIATE RELEASE

Contact:

Cindy Cohn, Legal Director
+1-415-505-7621
[email protected]

April 26, 2001 -- In a case involving free speech rights and fair use
of DVDs, the 2nd Circuit Court of Appeals will hear the appeal of 2600
Magazine in Universal v. Remeirdes at 10:00 a.m. on May 1, 2001. The
hearing will be held in Courtroom 506 of the United States Courthouse
at 40 Centre Street (at Foley Square) in Manhattan, New York City.

Dean Kathleen Sullivan of Stanford Law School will argue the case on
behalf of the magazine. 2600 Magazine will hold a short press
conference immediately after the hearing in Foley Square Plaza,
directly across from the courthouse.

The case arises from 2600 Magazine's publication of and linking to a
computer program called DeCSS in November, 1999 as part of its news
coverage about DVD decryption software. DeCSS decrypts movies on DVDs
that have been encrypted by a computer program called CSS. Decryption
of DVD movies is necessary in order to make fair use of the movies as
well as to play DVD movies on computers running the Linux operating
system, among other uses.

Universal Studios, along with other members of the Motion Picture
Association of America, filed suit against the magazine in January
2000 seeking an order that the magazine no longer publish the program.

The Studios object to the publication of DeCSS because they claim that
it can be used as part of a process to infringe copyrights on DVD
movies.

In the case, formally titled Universal v. Remeirdes, et. al., the
District Court granted a preliminary injunction against publication of
DeCSS on January 20, 2000. By August 2000, after an abbreviated trial,
the Court prohibited 2600 Magazine from even linking to DeCSS.

2600 has appealed the trial court's ruling.

More information about this case is available on the EFF website at:
http://eff.org/IP/Video/MPAA_DVD_cases/20010319_ny_eff_appeal_reply_brief.html

The Electronic Frontier Foundation ( http://www.eff.org ) is the
leading civil liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and challenges
industry and government to support free expression, privacy, and
openness in the information society. EFF is a member-supported
organization and maintains one of the most-linked-to websites in the
world.

Administrivia

EFFector is published by:

The Electronic Frontier Foundation
454 Shotwell Street San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org

Editors: Katina Bishop, EFF Education & Offline Activism Director, and
Stanton McCandlish, EFF Technical Director/Webmaster, [email protected]

Membership & donations: [email protected]
General EFF, legal, policy or online resources queries: [email protected]

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