EFFector       Vol. 14, No. 10       May 25, 2001     [email protected]

  A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

   IN THE 170th ISSUE OF EFFECTOR (now with over 27,500 subscribers!):

    * Sharing the News - Changes and Victories at EFF
    * EFF Victory with Medinex Case
    * Media Intern Needed at EFF
    * Child Online Protection Act Case Goes to Supreme Court

  For more information on EFF activities & alerts: http://www.eff.org

  To join EFF: http://www.eff.org/support/
    _________________________________________________________________

Sharing the News - Changes and Victories at EFF

  While we usually let the content of our EFFector newsletter speak for
  itself, this issue we'd like to address you, the subscriber, more
  directly. We're excited about some recent changes and victories and
  want to share the news with you. The fight for online civil liberties
  is alive and well! Our readership has grown over the past year, and
  the community of people like you who read our newsletter is now more
  than 27,000, with more and more of you joining as members every day --
  doubling our membership over just the past four months to nearly 4,500
  supporters. You're helping us do what EFF does best, which is to be on
  the cutting edge in identifying emerging threats to Internet freedom
  and acting to stop these threats.

  Just last month, supporters packed a New York courtroom as EFF's legal
  team defended free speech in the appeal of 2600 Magazine against eight
  major motion picture studios, based upon the magazine's publication of
  and links to computer code that would enable DVDs to be played on
  computers using the Linux operating system. On April 20th, hundreds of
  people turned out as EFF launched our "Open Audio License" at the New
  York Music & Internet Expo, where EFF board member John Perry Barlow,
  was honored for his work to promote liberty and artist empowerment. As
  you'll read below in this issue of EFFector, EFF just won several more
  victories for free speech rights online as Medinex dropped its law
  suit against anonymous online critics, and the U.S. Supreme Court
  agreed to hear arguments on the unconstitutionality of the Child
  Online Protection Act (COPA).

  You probably agree with us that there is a lot at stake for all of our
  rights. Join us -- we really need your support in order to be able to
  continue our important work. If you're already a member, please
  consider making an additional donation to our work.

  You can join/donate online at:
  http://www.eff.org/support
  Please don't hesitate to write to us at EFF. Thanks for your support.
    _________________________________________________________________

Medinex Drops Suit Against Anonymous Online Critics

 EFF Celebrates Another Successful Defense of Free Speech Rights Online

   Electronic Frontier Foundation Media Advisory

   For Immediate Release -- May 22, 2001

   Contact:

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

    Robert C. Holtzapple, Farella, Braun & Martel
    [email protected]
    +1 415-954-4400

  San Francisco -- Medinex Systems, Inc., yesterday dismissed its suit
  intended to force disclosure of the identities of 14 John Does who
  participated on a Yahoo! message board devoted to discussions about
  the company. The Electronic Frontier Foundation (EFF), along with San
  Francisco law firm Farella, Braun & Martel, defended the right of
  these anonymous critics to express their views online without fear of
  arbitrary disclosure of their identity.

  "It's clear from the dismissal of its lawsuit that Medinex's primary
  goal was to identify and silence their critics," said Lauren Gelman,
  EFF's Director of Public Policy. "This is simply one more example of a
  company dropping a spurious lawsuit once EFF steps in to protect
  individuals right to speak anonymously."

  Medinex sued the John Does, identified by their screen names such as
  "zippershut," "awe2bad4mdnx," and "dotcommie2000" after they made
  remarks critical of the company on Yahoo! message boards. Medinex
  stock has dropped precipitously in the past few months and is
  allegedly on the verge of being dropped from the NASDAQ exchange for
  non-compliance with NASDAQ's $1 minimum bid price requirement.

  The critics, some self-identified as shareholders and employees of the
  company, stated their opinions about the mismanagement of the company
  and other factors leading to its financial difficulties. Medinex
  alleged defamation, tortious interference with business relationship
  and wrongful interference with a prospective economic advantage. The
  company then issued a subpoena to Yahoo! in California seeking the
  identities of their critics without first proving any illegal actions.

  A similar case entitled In re 2theMart.com, in which a Seattle court
  quashed a subpoena seeking the identity of Internet posters on an
  Infospace message board after a motion brought by the EFF and the ACLU
  of Washington, may have influenced Medinex's dismissal.

  "These people were simply expressing their opinions. Unfounded
  subpoenas such as these chill everyone's speech on the Internet. Since
  some of the Does claim to be employees, we are also worried that
  Medinex brought this suit in order to identify and retaliate against
  them, rather than because of any real defamation," said Robert
  Holtzapple of Farella, Braun and Martel, which is handling the matter
  pro bono.

  Background materials about this case are available on the EFF website
  at:
  http://www.eff.org/Cases/Medinex_v._Awe2bad4mdnx/

  Materials concerning the 2TheMart case are available at:
  http://www.eff.org/Cases/2TheMart_case/

  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.
    _________________________________________________________________

EFF Seeks Media Intern

  The Electronic Frontier Foundation seeks a Media intern to focus on
  media tasks such as media interview assignments, media releases, media
  professional relationships, and mediabase and media coverage archival.

  Basic HTML skills and general computer competence necessary. Very
  helpful if you have your own laptop and/or home Internet access.

  Interns will be in the San Francisco Bay Area, and in the EFF office
  at least two days per week. School credit may be available.

  Timeframe: Needed immediately, for each semester. Minimum commitment 2
  days per week for at least three months.

  For more information, see the EFF website at:
  http://www.eff.org/jobs#vol0

  Or contact Will Doherty, Online Activist / Media Relations
  [email protected]
    _________________________________________________________________

Supreme Court to Hear Child Online Protection Act Case

 Electronic Frontier Foundation Confident COPA Still Unconstitutional

   Electronic Frontier Foundation Media Advisory

   For Immediate Release

  Contact:

    Shari Steele, Executive Director, EFF
    [email protected] +1 415 436-9333 x103

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

  San Francisco -- The Electronic Frontier Foundation (EFF) today
  welcomed the United States Supreme Court decision yesterday to hear
  arguments on the Child Online Protection Act (COPA).

  "COPA is just as unconstitutional now as when federal courts struck it
  down in 1999 and again in 2000," confirmed Shari Steele, EFF Executive
  Director. "We are pleased the United States Supreme Court has agreed
  to hear the case so that COPA can follow its predecessor, the
  Communications Decency Act, into the dustbin of history."

  In a legal challenge argued in 1999 by the Electronic Frontier
  Foundation in conjunction with the American Civil Liberties Union and
  the Electronic Privacy Information Center, a federal court issued a
  preliminary injunction against enforcement of the law on the grounds
  that it is probably unconstitutional. On June 22, 2000, the Third
  Circuit Court of Appeals upheld the injunction because "we are
  confident that the ACLU's attack on COPA's constitutionality is likely
  to succeed on the merits."

  The COPA legislation is overly broad, vague in defining key terms such
  as "commercial," illegally attempts to force adults to give up privacy
  to exercise their right to read, places prior restraints on
  publication, and enforces a flawed "community standards" approach that
  would allow the most conservative jurisdiction in the United States to
  set the "decency" standards for all Web content nationally (indeed,
  globally).

  "Providing a safe environment for children online is a laudable goal,
  but COPA unnecessarily sacrifices constitutionally protected free
  speech for adults in a fatally flawed attempt to 'protect' children,"
  commented Will Doherty, EFF Online Activist.

  The Children's Online Protection Act, also known as "CDA II," was part
  two of Congress' ongoing attempts to "protect" children while negating
  the First Amendment of the U.S. Constitution. Part one was the
  Communications Decency Act (CDA) and part three is the Children's
  Internet Protection Act (CHIPA or CIPA).

  For more information on the COPA case, see
  http://www.eff.org/Legal/Cases/ACLU_v_Reno_II/

  For more information on the CHIPA cases, see
  http://www.eff.org/Legal/Cases/Multnomah_Library_v_US/

  For more information on the CDA case, see
  http://www.eff.org/pub/Legal/Cases/EFF_ACLU_v_DoJ/

  For more information on related online free speech issues, see
  http://eff.org/br/

  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
    _________________________________________________________________

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
  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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