EFFector Vol. 14, No. 22 Sep. 4, 2001
[email protected]
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 182nd Issue of EFFector (now with over 28,800 subscribers!):
* ALERT: Stop Mandatory Monitoring of Federal Judges' Internet Use
* Dmitry Sklyarov and Elcomsoft Arraigned in San Jose, CA; Plead Not
Guilty
* Music Share-in Festival in Golden Gate Park
* ALERT: Friday, September 7 - International Day of Action Against
Video Surveillance
* Update: Opt-Out Alert Correction
* Administrivia
For more information on EFF activities & alerts:
http://www.eff.org/
To join EFF or make an additional donation:
http://www.eff.org/support/
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_________________________________________________________________
ALERT: Stop Mandatory Monitoring of Federal Judges' Internet Use
EFF Requests Citizen Comments to Judicial Conference
Electronic Frontier Foundation ACTION ALERT
(Issued: Tuesday, September 4, 2001 / Deadline: September 11, 2001)
Introduction:
On September 11, the Judicial Conference of the United States will
consider mandating Internet use monitoring for all employees of the
federal judiciary, judges included. The Administrative Office of the
Courts, which already secretly monitored Internet use without consent,
worries that "a significant factor contributing to the growth of
[Internet] traffic appear(s) to be related to personal, rather than
business usage," even though Internet usage immediately and
dramatically declined voluntarily in response to an appropriate-use
memo that office sent out in March. Moreover, judges of the 9th U.S.
Circuit Court of Appeals in San Francisco ordered a one-week shutdown
of the monitoring asserting that it is inappropriate and possibly
illegal.
The Electronic Frontier Foundation (EFF) believes that if we can't
trust judicial employees to use computers appropriately, then we
shouldn't trust them to administer our courts. The intrusive
monitoring of e-mail, Internet usage, case-related materials, and even
private correspondence -- perhaps to be conducted by an outside
commercial company -- raises serious privacy issues. Regardless of the
legalities, spying on employees is bad policy, and anathema to a
working environment that would otherwise attract trusted professionals
and produce outstanding performance.
What YOU Can Do Now:
* Mail or e-mail the EFF letter below, or your own, to the Judicial
Conference today. Feel free to use this letter verbatim, or modify
it as you wish. Let the Conference know that you oppose Internet
monitoring of judges. Please be polite and concise, but firm.
* Contact your legislators about online privacy issues. For
information on how to contact your legislators and other
government officials, see EFF's "Contacting Congress and Other
Policymakers" guide at:
http://www.eff.org/congress.html
In addition, please also send a copy of your letter to Sen.
Charles Schumer (D-NY) at
[email protected] and Rep.
Howard Berman (D-CA-26) at
[email protected], the key
legislators on this issue.
* Join EFF! For membership information see:
http://www.eff.org/support/
Sample Letter:
EFF requests that concerned citizens write politely worded letters to
the Judicial Conference of the United States opposing the proposal to
require Internet monitoring of federal judiciary employees.
Please make sure your comments ARRIVE before the September 11 meeting
of the Judicial Conference. Specify that Ms. Siegel forward your
comments to the Judicial Conference. Do NOT send spam-like or rude
messages as they will be counterproductive.
Use this sample letter to the Conference or modify it, and send to:
Karen K. Siegel
Attn: Judicial Monitoring Proposal
Assistant Director, Office of Judicial Counsel
Executive Secretariat
Administrative Office of the United States Courts
One Columbus Circle, NE
Washington, D.C. 20544 USA
Phone: +1 202 502-2400
Fax: +1 202 502-1144
E-mail:
[email protected]
Cc: Mel Bryson,
[email protected]
Terry Cain,
[email protected]
Dear Ms. Siegel and members of the Judicial Conference:
Please forward my comments on this matter to all members of the
Judicial Conference.
I write to express my grave concern regarding the proposal to
require monitoring of Internet use for federal judiciary employees.
For our constitutional system to work, federal judges must remain
independent -- that's one of the reasons we appoint them for life
and prevent their salaries from being reduced. If independence
really matters, it is entirely inappropriate to monitor judges'
computer use.
Judge Edith H. Jones puts it precisely: the AOC's recommendations
"appear to confer enormous discretion on the judicial bureaucracy
to continue monitoring communications and to make policy decisions
regarding Internet and computer use that each judge should make for
his or her chambers."
The special role the judiciary plays in our society counsels
against the adoption of a possibly illegal policy, which may
violate the Electronic Communications Privacy Act, a federal law
that protects the privacy of electronic communications.
The question of whether and how employers may monitor their
employees' online activities is raised in several current cases
before the courts. Can the public honestly believe that a court
system that refuses to value the privacy of its own employees can
objectively pass upon the legality of workplace surveillance? Only
if the Judicial Conference rejects the proposal and decides - as a
policy matter - not to monitor employees' usage of their computers,
will judges across the country remain able to evaluate impartially
the legality of monitoring programs in cases that come before them.
Regardless of the legalities, spying on employees is bad policy,
and anathema to a working environment that would otherwise attract
trusted professionals and encourage outstanding performance.
I urge you to reject the Internet use monitoring proposal for
federal judiciary employees.
Sincerely,
[Your full name]
[Your address]
Privacy Campaign:
This drive to contact the Judiciary bureaucracy about their invasive
policies is part of a larger campaign to highlight how extensively
companies and governmental agencies subject us to surveillance and
share and use personal information online, and what you can do about
it.
Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
http://www.eff.org/privnow/
Background:
Jeff Rosen's article on judicial monitoring in The New Republic:
http://www.tnr.com/091001/rosen091001.html
Judge Jones's letter criticizing the Internet monitoring policy:
http://eff.org/sc/judiciary/20010818_jones_judiciarycat_letter.html
Administrative Office of the US Courts press release on report
recommending Internet monitoring policy:
http://eff.org/sc/judiciary/20010813_aousc_monitoring_pr.html
Judicial Conference Commission on Automation and Technology report
summary recommending Internet monitoring policy:
http://eff.org/sc/judiciary/20010813_judiciarycat_report_summary.html
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
Contacts:
Lee Tien, EFF Senior First Amendment Attorney
[email protected]
+1 415-436-9333 x102
Will Doherty, EFF Online Activist / Media Relations
[email protected]
+1 415-436-9333 x111
- end -
_________________________________________________________________
Dmitry Sklyarov and Elcomsoft Arraigned in San Jose, CA
Plead Not Guilty to Conspiracy and Circumvention Trafficking Charges
Sklyarov Faces 25 Years for Providing eBook Format Converter
Electronic Frontier Foundation Media Release
For Immediate Release: Tuesday, August 30, 2001
Contacts:
Cindy Cohn, EFF Legal Director
[email protected]
+1 415-436-9333 x108
Will Doherty, EFF Online Activist / Media Relations
[email protected]
+1 415-436-9333 x111
San Jose, California - Russian programmer Dmitry Sklyarov and his
employer Elcomsoft today pled not guilty to charges of providing
electronic book format conversion software in the United States.
Sklyarov, who had the benefit of a court interpreter, spoke the plea
himself in English.
The court heard a five-count grand jury indictment against Elcomsoft
and previously jailed programmer Sklyarov on charges of trafficking
and conspiracy to traffic in a copyright circumvention device.
Sklyarov -- who is out of custody on US$50,000 bail -- could face a
prison term of up to twenty-five years and a US$2,250,000 fine. As a
corporation, Elcomsoft faces a potential US$2,500,000 fine.
"Dmitry has programmed a format converter which has many legitimate
uses including enabling the blind to hear eBooks," explained Cindy
Cohn, Electronic Frontier Foundation Legal Director. "The idea that he
faces prison for this is outrageous. The EFF will support Dmitry
through the end of this ordeal."
"We were hoping that the government would see the wisdom and justice
in not pursuing a case against Sklyarov," said his attorney, Joseph M.
Burton of Duane Morris in San Francisco. "Even if one were to ignore
the serious legal questions involving the DMCA, this case hardly cries
out for criminal prosecution. Sklyarov's and Elcomsoft's actions are
not conduct that Congress intended to criminalize. We will vigorously
contest these charges."
Sklyarov and his attorneys appeared at the arraignment with US
Magistrate Judge Richard Seeborg presiding. The next court appearance
scheduled in the case is 9:00 AM Pacific on September 4 before Judge
Ronald Whyte in the San Jose Federal Court building.
Well-dressed observers attended the arraignment and nonviolent
protests occurred in Moscow (Russia), London (England), Boston, San
Francisco, Los Angeles, Reno, and Black Rock City, Nevada.
UPDATE: Sept. 4, 2001
Russian Programmer & Co. Case Continued
Trial Schedule and Company Counsel Cause Delay to September 24
San Jose, California - Russian programmer Dmitry Sklyarov and his
employer Elcomsoft appeared briefly in court today regarding charges
of providing electronic book format conversion software in the United
States.
At the hearing -- described as "pretty routine" by defense attorney
Joseph Burton -- the case was continued to 9:00 AM on September 24,
2001, in the same San Jose Federal court building. The case was
continued so that Elcomsoft will have sufficient time to choose their
legal representation and so that both prosecution and defense teams
may present a joint schedule for motions and discovery in the case.
The next court appearance scheduled in the case is 9:00 AM Pacific on
September 24 before Judge Ronald Whyte in the San Jose Federal Court
building.
Background on the Sklyarov case:
http://www.eff.org/IP/DMCA/US_v_Sklyarov/
Calendar of protests related to the Sklyarov case:
http://freesklyarov.org/calendar/
Sklyarov Defense Fund (not affiliated with EFF):
http://www.freesklyarov.org/defensefund.html
- end -
_________________________________________________________________
Music Share-in Festival in Golden Gate Park
Hosted by Wavy Gravy and John Perry Barlow
EFF Music Share In
Saturday, September 8, 2001, 2pm-5pm PT
Golden Gate Park (corner of Haight & Stanyan)
Join the Electronic Frontier Foundation and ten Independent bands for
an afternoon of music supporting artists' rights. All bands performing
grant permission for their Share - In performances to be recorded and
shared with friends under EFF's Open Audio License. Tapers are
encouraged and welcome.
Ten bands will play in two stage areas in the meadow. Hosting the main
stage are Wavy Gravy and EFF co-founder John Perry Barlow. Musicians
performing at the event include singer/songwriter Adrian West, the
jazzy Alex Buccat Quartet featuring Sanaz, folk/pop band Atticus
Scout, high-altitude bluegrass string band Hot Buttered Rum, soulful
solo performer Michael Musika, the political satirists of The Planning
Commission, Berkeley-based party band Shady Lady, classical Indian
instrumentalists Srini and Raja, acoustic rock performer Vanessa Lowe,
and singer/songwriter Wendy Haynes.
Come with friends and family! Hear great music, feast on Ben and
Jerry's ice cream and support a great cause. Best of all, It's FREE!
There will also be booths, t-shirts and CDs. Visit our website at:
http://www.eff.org/cafe
for more information or call +1 415-436-9333 x101
- end -
_________________________________________________________________
Friday, September 7 - International Day of Action Against Video Surveillance
Join privacy-minded citizens in raising awareness of public video
surveillance
Electronic Frontier Foundation ACTION ALERT
(Issued: Friday, August 31, 2001 / Deadline: Friday, September 7, 2001)
Introduction:
On Friday, 7 September 2001, a variety of groups from around the world
will be collaborating on an international day of autonomous protests
against the constant, indiscriminate and technologically sophisticated
video surveillance of public places by both businesses and law
enforcement agencies, and in favor of the right to privacy, which is a
fundamental human right. The protests will take the form of short
skits and plays, the majority of which will take place in front of
"webcams," so that people all over the world can watch them via the
Internet.
What YOU Can Do:
* If you are concerned about surveillance cameras in your area, and
would like to get involved in the protests, then see New York's
Surveillance Camera Players' (SCP) "How to Stage Your Own
'Surveillance Camera Theater' in 10 Easy-to-Follow Steps!" at:
http://www.notbored.org/scp-how-to.html
* To add your group to the confirmed list of activists, email SCP
at:
[email protected]
* Contact your legislators about online privacy issues. For
information on how to contact your legislators and other
government officials, see EFF's "Contacting Congress and Other
Policymakers" guide at:
http://www.eff.org/congress.html
* Join EFF! For membership information see:
http://www.eff.org/support/
Privacy Campaign:
This drive to contact the Judiciary bureaucracy about their invasive
policies is part of a larger campaign to highlight how extensively
companies and governmental agencies subject us to surveillance and
share and use personal information online, and what you can do about
it.
Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
http://www.eff.org/privnow/
Background:
The proposal reads as follows:
We propose --
1. that an international day of action against video surveillance --
specifically: the constant, indiscriminate and technologically
sophisticated video surveillance of public places by both
businesses and and law enforcement agencies -- take place on
Friday, 7 September 2001;
2. that people who wish to intensify the struggle to protect and
strengthen the right to privacy (a fundamental human right) should
undertake autonomous actions at the local level and in a
completely de-centralized fashion;
3. that, if and when possible, at least some of these actions should
be undertaken in front of webcams that have already been installed
in public places by private companies that are insensitive or even
hostile to privacy concerns (in addition to disrupting "business
as usual" for these companies, the use of webcams will allow the
entire world to see 7s01 anti-videosurveillance actions as they
take place);
4. that all individuals and groups participating in the 7s01 day of
action keep in touch with at least one of the groups listed below
and/or each other;
5. that at least one Web site links to or actually displays images
from these actions as they take place;
6. that this proposal should be posted on-line and sent to as many
people as possible and as soon as possible; and
7. that this proposal be translated into as many foreign languages as
possible, but especially French, German, and Italian, for it is in
France, Belgium, Germany and Italy that the anti-videosurveillance
struggle is the most visible at the moment.
List of participating groups:
http://www.notbored.org/7s01.html
EFF's action alert:
http://www.eff.org/alerts/20010831_surveil_cam_alert.html
Contacts:
Bill Brown, Surveillance Camera Players
[email protected]
+1 212-561-0106
http://www.surveillancecameraplayers.org/
Will Doherty, EFF Online Activist / Media Relations
[email protected]
+1 415 436 9333 x111
- end -
_________________________________________________________________
Update: Opt-Out Alert Correction
Last issue's alert about opting out of credit card-related marketing
now contains outdated information, because the credit card trade
association hosting the opt-out number has changed the system's
options. We reported that one should wait thru the introduction
message and then press 3. This now does nothing.
Revised instructions:
Call the credit agencies' 1-888-567-8688 number to opt out of postal
and telemarketing (and possibly e-mail) "credit spam".
When you dial this phone number, you will first be prompted to press 1
if you're calling about the Internet email with a July 1 deadline, or
2 if not.
Press 2. Do NOT
press 1.
Then, listen carefully and wait until given the option to press 3 (do
not press 1 - this will only opt you out for 2 years, while option 3
will opt you out permanently).
Thanks to EFFector reader Patrick Woolsey for being the first to
notify us of the change.
- end -
_________________________________________________________________
Administrivia
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The Electronic Frontier Foundation
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http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
[email protected]
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