EFFector Vol. 14, No. 12 June 15, 2001 editor@eff.org

EFFector Vol. 14, No. 12 June 15, 2001 [email protected]

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

IN THE 172nd ISSUE OF EFFECTOR (now with over 27,500 subscribers!):

* Special Appeal from the Executive Director of the Electronic
Frontier Foundation (EFF)
* EFF and Princeton Scientists Sue Record Comppanies Over Squelched
Research
* Electronic Frontier Foundation Urges Doubleclick to Adopt Opt-In
Privacy Protections
* EFF Seeks Media Intern
* EFF's Wish List
* July 10, 2001 BayFF & EFF Housewarming Party

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

To join EFF or make a donation: http://www.eff.org/support/
EFF is a member-supported non-profit. Please sign up as a member
today!
_________________________________________________________________

Help Fund the Felten vs. RIAA Case

Special Appeal from the Executive Director of the Electronic Frontier
Foundation (EFF)

June 15, 2001

Imagine a world where our culture and heritage are locked up by the
entertainment industry and turned into a pay-per-view theme park -- a
theme park where consumers pay our admission and then pay again with
our freedoms. Music and movie lovers are gagged, unable to exercise
our rights to free expression. Scientists can no longer publish their
research if it talks about studio-controlled content. Technological
innovation is illegal if it encroaches on the profits of the music and
movie studios.

Unfortunately, this isn't science fiction. Through cases like Felten
vs. RIAA, EFF is fighting to prevent this theme park world by
challenging the constitutionality of the law being used to unfairly
lock up content and take away our rights to free expression. But we
need your help. While we believe that we will win this case and
protect scientists' rights to publish their research, we can't do it
without funding for the legal costs.

EFF consistently and successfully fights to protect freedom in
technological arenas. Many of you probably remember the Bernstein
case, where EFF helped abolish the export laws on encryption and
proved that computer source code is protected speech under the First
Amendment. If you've been around cyberspace for a while like I have,
you'll remember the Steve Jackson Games case, where EFF established
the principle that email is legally entitled to the same protections
from law enforcement access as telephone calls. I'm proud to have been
a part of EFF when we set those important legal precedents; it was a
great feeling. The Felten case will be another opportunity to be part
of a precedent-setting case for freedom in our digital age.

This case is likely to cost EFF over a million dollars, an
overwhelming amount for a small nonprofit organization like ours, but
a drop in the bucket for the movie and music studios that we oppose.
Please, take a moment now to contribute to the cause of freedom. You
can donate online at http://www.eff.org/support/, or you can call or
send us a donation to the address below. Please feel free to call us
at +1 415-436-9333 x110, if you'd like to discuss other ways of
contributing, such as through stock donations or employer matching
programs.

EFF is here at the exact right time in history to change the world for
the better. Be a part of that. Join with us today, and help protect
freedom. There are not many things you can do with your money that can
have such a strong and far-reaching effect.

Thanks for your help.

Sincerely,
Shari Steele, Executive Director
Electronic Frontier Foundation
454 Shotwell Street
San Francisco, CA 94110
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Princeton Scientists Sue Over Squelched Research

EFF Challenges Record Companies

Electronic Frontier Foundation Media Release

For Immediate Release -- June 6, 2001

Contact:

Cindy Cohn, EFF Legal Director
[email protected]
+1 415-436-9333 x108

Edward Felten, Princeton University Professor
[email protected]
+1 609-258-5906

Robin Gross, EFF Staff Attorney
[email protected]
+1 415 436 9333 x112

Gino J. Scarselli, Esq., Outside Lead Counsel,
[email protected]
+1 216-291-8601

James S. Tyre, Esq., Outside Counsel,
[email protected]
+1 310-839-4114

Ellie Young, USENIX Executive Director,
[email protected]
+1 510-528-8649 x18

Trenton, NJ -- The Electronic Frontier Foundation (EFF) today asked a
federal court to rule that Princeton University Professor Edward
Felten and his research team have a First Amendment right to present
their research on digital music access-control technologies at the
USENIX Security Conference this August in Washington, DC, despite
threats from the recording industry.

When scientists from Princeton University and Rice University tried to
publish their findings in April 2001, the recording industry claimed
that the 1998 Digital Millennium Copyright Act (DMCA) makes it illegal
to discuss or provide technology that might be used to bypass industry
controls limiting how consumers can use music they have purchased.

Like most scientists, the researchers want to discuss their findings
and publish a scientific paper about the vulnerabilities of several
technologies they studied. Open discussion of music customer control
technologies has resulted in improved technology and enhanced consumer
choice.

"Studying digital access technologies and publishing the research for
our colleagues are both fundamental to the progress of science and
academic freedom," stated Princeton scientist Edward Felten. "The
recording industry's interpretation of the DMCA would make scientific
progress on this important topic illegal."

Felten's research team includes Princeton University scientists and
plaintiffs Bede Liu, Scott Craver, and Min Wu. Also members of the
research team and plaintiffs are Rice University researchers Dan
Wallach, Ben Swartzlander, and Adam Stubblefield. Another scientist
and plaintiff is Drew Dean, who is employed in the Silicon Valley. The
USENIX Assocation has joined the case as a plaintiff.

The prominent scientist and his research team originally planned to
publish the paper in April at the 4th International Information Hiding
Workshop. However, the scientists withdrew the paper at the last
minute because the Recording Industry Association of America (RIAA)
and the Secure Digital Music Initiative (SDMI) Foundation threatened
litigation against Felten, his research team, and the relevant
universities and conference organizers.

SDMI sponsored the "SDMI Public Challenge" in September 2000, asking
Netizens to try to break their favored watermark schemes, designed to
control consumer access to digital music. When the scientists' paper
about their successful defeat of the watermarks, including one
developed by a company called Verance, was accepted for publication,
Matt Oppenheim, an officer of both RIAA and SDMI, sent the Princeton
professor a letter threatening legal liability if the scientist
published his results.

EFF filed the legal challenge in New Jersey federal court against
RIAA, SDMI, Verance, and the U.S. Justice Department so that the
researchers need not fear prosecution under DMCA for publishing their
research.

"When scientists are intimidated from publishing their work, there is
a clear First Amendment problem," said EFF's Legal Director Cindy
Cohn. "We have long argued that unless properly limited, the
anti-distribution provisions of the DMCA would interfere with science.
Now they plainly have."

"Mathematics and code are not circumvention devices," explained Jim
Tyre, an attorney on the legal team, "so why is the recording industry
trying to prevent these researchers from publishing?"

USENIX Executive Director Ellie Young commented, "We cannot stand idly
by as USENIX members are prevented from discussing and publishing the
results of legitimate research."

EFF is challenging the constitutionality of the anti-distribution
provisions of the DMCA as part of its ongoing Campaign for Audiovisual
Free Expression (CAFE). The CAFE campaign fights over-reaching
intellectual property laws and restrictive technologies that threaten
free speech in the digital age. "The recording studios want to control
how consumers can use the music they buy. Now they want to control
scientists and publishers, to prevent consumers from finding out how
to bypass the unpopular controls," said EFF Staff Attorney Robin
Gross.

Media professionals have been invited to attend a June 6 press
conference and simultaneous teleconference on the Felten case
featuring the legal team and Professor Felten.

The legal team includes EFF attorneys Lee Tien, Cindy Cohn, and Robin
Gross. Outside lead counsel Gino Scarselli, argued the Junger case
where the 6th Circuit Court of Appeals ruled unanimously that computer
code is creative expression worthy of First Amendment protection. Also
members of the legal team are James Tyre, a technology savvy lawyer
from Southern California who co-founded the Censorware Project and
wrote an amicus brief in Universal v. Reimerdes, and Joe Liu, a
Professor of Law at Boston College. Local counsel in New Jersey are
First Amendment specialists Frank Corrado of Rossi, Barry, Corrado,
Grassi and Radell, and Grayson Barber, chair of the ACLU-NJ privacy
committee.

For more background on Professor Felten and his team's legal
challenge:
http://www.eff.org/sc/felten/

For EFF's legal filing in the Felten case:
http://www.eff.org/sc/felten/20010606_eff_complaint.html

RIAA/SDMI letter threatening Professor Felten and his team:
http://www.eff.org/sc/felten/20010409_riaa_sdmi_letter.html

Professor Felten's website:
http://www.cs.princeton.edu/sip/sdmi/

Listen to an audio file about EFF's legal challenge to SDMI (MP3):
http://www.eff.org/sc/felten/felten_audio.html

For more information on the August USENIX Security conference:
http://www.usenix.org/events/sec01/

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/

About USENIX:

The USENIX Association, an organization representing some 10,000
computer research scientists is dedicated to the free exchange of
scholarly information through its many conferences and publications.
See its website at:
http://www.usenix.org/

- end -
_________________________________________________________________

Judge Rules Alleged DoubleClick Privacy Violations Sufficient to Go to Trial

Electronic Frontier Foundation Urges DoubleClick to Adopt Opt-In Privacy
Protections

Electronic Frontier Foundation Media Release

For Immediate Release: June 6, 2001

Contact:

Deborah Pierce, EFF Staff Attorney,
[email protected],
+1 415 436 9333 x106

Ira Rothken, Attorney, Rothken Law Firm,
[email protected],
+1 415 924 4250

San Rafael, CA - Judge Lynn O'Malley Taylor ruled today that a lawsuit
seeking to prevent DoubleClick from invading individuals' privacy
moved one step closer to trial. The class-action claims in the privacy
lawsuit against DoubleClick focus on DoubleClick's practice of
tracking and profiling people without their consent as they browse the
Web. She indicated that, unless the parties reach a settlement, the
trial will be held in January 2002, despite DoubleClick's attempt to
derail the lawsuit.

"DoubleClick is invading people's privacy by collecting personal
information without first asking permission," said EFF staff attorney
Deborah Pierce. "We are glad that Judge Taylor recognizes that
DoubleClick's practices may be in violation of privacy rights
guaranteed by the California state constitution."

"California's Constitution protects the general public against the
massive, unauthorized accumulation of sensitive information," said Ira
Rothken, lead plaintiff's attorney in the case. "DoubleClick's
behavior is outrageous. DoubleClick's business model is flawed. And we
are going to obtain a remedy from the court to stop them."

DoubleClick, an online advertising company, places banner ads and
other website advertisements on behalf of its clients. The dispute
concerns DoubleClick's use of cookies and web bugs to track the web
browsing behavior of individuals. Individuals are often unaware these
technologies exist, what they can do to avoid a cookie or a web bug,
or how they can prevent companies like DoubleClick from placing
cookies on their computer hard drives.

The lawsuit alleges that by using cookies DoubleClick can store
personally identifying information, resulting in a profile of
individuals based on their surfing history. Online profiling and
aggregation of data from different sources allows others to form
opinions, to market items, and to discriminate based on a profile that
may or may not be accurate. Unwanted disclosure of information may
have harmful consequences, ranging from simple embarrassment to
serious problems such as harassment, violence, insurance cancellation,
loss of job or home, and relationship issues with family and friends.

The Electronic Frontier Foundation (EFF), along with the Privacy
Rights Clearinghouse (PRC) and the Electronic Privacy Information
Center (EPIC), have been acting as advisors in the case, formally
called Judnick v. DoubleClick.

For more information about online privacy, see the EFF website:
http://www.eff.org/

For more information about the Rothken Law Firm, see the Rothken
website:
http://www.techfirm.com/

For additional background and information on online privacy and
data-sharing, see:

Privacy Rights Clearinghouse (PRC):
http://www.privacyrights.org/
Electronic Privacy Information Center (EPIC):
http://www.epic.org/
Privacy Pledge:
http://www.privacypledge.org/

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 websites in the world:
http://www.eff.org/

- end -
_________________________________________________________________

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]
_________________________________________________________________

EFF's Wish List

We have received a flood of helpful responses to last week's request
for a conference table. However, we still don't have the perfect
match. So we are re-posting the request, and are so heartened by the
positive response that we've decided to add more items to form an
official wish list. Any and all donations are greatly appreciated.

EFF still seeks a conference table for our SF office of dimensions
approximately 15-17 feet by 4-5 feet for use in our large conference
room. Ideally, this would be a nice wood table, but we would consider
other materials as well. Donation (deductible to the extent permitted
by law) or discount on a table would be very helpful, as it would
spruce up the conference room immensely and permit us to convert the
existing cobbled-together tables into desks for four EFF interns! We
are also looking for quality office chairs.

In addition to office furniture needs: As EFF looks toward providing
more digital audio & video event coverage on our Web site, it has
become clear that we need more equipment to be able to do this
efficiently and in ways that do not interfere with our staff's legal,
policy and media/education work. We are also in need of newer
replacements for a number of old Macs, Pentium IIs, office machines,
and old software, that slow our staff and interns down. So, we are
appealing to the Internet community for your (TAX-DEDUCTIBLE!)
donations of new or used equipment:

* G3/iMac/iBook or better Macs
* PIII or better PCs (desktop or laptop)
* 22" Apple Cinema Display monitor
* Mac audio-video in/out card (G3/G4 compatible)
* Mac software: Final Cut Pro 2, MS Office 2001, MacOS X, Virtual PC 4
* Windows software: MS Office 2001
* copier in good shape, w/ multisheet feed, duplex, collate, & staple
* collator ("mailbox") & extra paper trays for Lexmark Optra T614
printer

Please contact:
Henry Schwan
EFF Asst. Webmaster
+1 415-626-8167 x114
[email protected]
_________________________________________________________________

July 10, 2001 BayFF & EFF Housewarming Party

Come Celebrate Our 11th Anniversary, See Our New Home, Meet Board
Members and Staff, and Learn More About the Work We Do

WHAT: EFF's Housewarming "BayFF"
WHEN: Tuesday, July 10th, 2001 at 7:00 PM Pacific Time
WHERE: Electronic Frontier Foundation
454 Shotwell Street, San Francisco, CA 94110

This is a night to celebrate! July 10th is:
* EFF's eleventh birthday
* The one year anniversary of BayFF's exciting re-launch
* EFF's formal welcome of the public to our new home

This event is free and open to the general public. There will be
plenty of food, drink, music, and a blessing of our new office space
by a Tibetan Lama.

The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. For more
information, please see EFF's website ( http://www.eff.org ), or
contact:
Katina Bishop
EFF Director of Education and Offline Activism
+1-415-436-9333 x101
[email protected]
_________________________________________________________________

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]

To Join EFF online, or make an additional donation, go to:
http://www.eff.org/support/

Membership & donation queries: [email protected]
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_________________________________________________________________