EFFector Vol. 14, No. 32 Oct. 24, 2001
[email protected]
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 192nd Issue of EFFector (now with over 29,300 subscribers!):
* EFF Defends Anonymous Critics
* EFF Counsels New Zealand on Copyright Law Revamp
* EFF Debuts "Radio EFF" on Live 365
* Find out how Anti-Terrorism Legislation Will Affect Civil
Liberties on Radio EFF
* SSSCA hearings postponed
* Administrivia
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http://www.eff.org/
To join EFF or make an additional donation:
http://www.eff.org/support/
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Electronic Frontier Foundation Defends Anonymous Critics
Urges Court Dismiss Unfounded Identity Disclosure Cases Quickly
Electronic Frontier Foundation Media Release
For Immediate Release: October 25, 2001
Contact:
Cindy Cohn, EFF Legal Director
[email protected]
+1 415-436-9333 x108
Ryan Roth, Paul, Hastings, Janofsky & Walker LLP
[email protected]
+1 213-683-6292
San Francisco, California - The Electronic Frontier Foundation (EFF)
today defended the right of anonymous posters to criticize the
Metalclad company on a Yahoo! message board devoted to the company.
EFF filed an amicus brief in support of a John Doe in a California
Court of Appeal case aimed at silencing legitimate speech online.
CEO Grant Kesler sued several unnamed participants in the Yahoo!
public message board devoted to Metalclad, a provider of insulation
and asbestos abatement services. Kesler claimed defamation based upon
remarks critical of him and immediately sought to force Yahoo! to
disclose the speakers' identities.
One of the Does, whose screen name is "Mezzzman", requested that the
court dismiss the case under California's anti-SLAPP law. This law
enables those sued in "Strategic Lawsuits Against Public
Participation" to seek an immediate dismissal with appropriate
attorney fees awarded. The Superior Court denied the motion on
procedural grounds and Mezzzman has appealed. The case may set a
precedent in determining whether and how California's anti-SLAPP law
should apply to speech on Internet message boards.
"Unfounded defamation suits threaten to silence message boards and
other Internet tools which offer an important forum for free and frank
shareholder and investor discussions," noted Cindy Cohn, EFF Legal
Director. "We asked the appellate court to ensure that those facing
unjustified litigation can protect themselves."
"California's anti-SLAPP law was designed to deter lawsuits aimed at
silencing critical discussion. The history of this law clearly
indicates that it should extend to Internet message boards and
postings such as those of Mezzzman," said Ryan Roth of the Los Angeles
office of Paul, Hastings, Janofsky and Walker, LLP, who is
representing Mezzzman pro bono.
In six previous court cases, EFF has sought to prevent corporations
from obtaining the identities of online speakers inappropriately as
part of the civil discovery process. In the case called In re
2theMart.com, EFF secured a ruling from the Federal District Court in
Seattle, later upheld by the 9th Circuit Court, setting out legal
criteria for protecting the First Amendment rights of anonymous
speakers.
Following completion of court briefs in the Kesler/Mezzzman case
(officially, Kesler v. Doe) by mid-December, the court will hear oral
arguments and will likely reach a decision by late spring 2002.
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
Background materials about this case are available at:
http://www.eff.org/Cases/Kesler_v_Doe/
Materials concerning the 2TheMart case are available at:
http://www.eff.org/Cases/2TheMart_case/
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EFF Counsels New Zealand on Copyright Law Revamp
Counters Industry's Worldwide Clampdown on Digital Rights
Electronic Frontier Foundation Media Release
For Immediate Release: Tuesday, October 23, 2001
Contacts:
Fred von Lohmann, EFF Senior Intellectual Property Attorney
[email protected]
+1 415-436-9333 x123
Robin Gross, EFF Intellectual Property Attorney
[email protected]
+1 415-436-9333 x112
San Francisco, California - The Electronic Frontier Foundation (EFF)
today publicly urged New Zealand to avoid adopting copyright laws
similar to the U.S. Digital Millennium Copyright Act (DMCA). In the
U.S., the DMCA has proven dangerous to free speech, scientific
research, and technical innovation. The EFF filing in New Zealand is
part of an on-going effort to counter U.S. copyright industry attempts
to export the DMCA worldwide under the guise of "modernizing"
copyright for the digital age.
EFF submitted recommendations last week in response to a discussion
paper issued by New Zealand's Ministry of Economic Development. The
Ministry is considering changes to New Zealand's copyright law to
address digital technology.
"Copyright owners told us that they needed the DMCA to stop piracy.
Instead, it has been used against the press, scientists, and computer
programmers," said EFF Senior Intellectual Property Attorney Fred von
Lohmann. "We're hoping that other countries will learn from our
mistakes, and will think twice before giving in to the demands of
corporate media giants."
The EFF submission focuses on three areas. First, EFF urges New
Zealand not to adopt "anti-circumvention" provisions like those found
in the DMCA. These provisions prohibit any effort to bypass use and
access restrictions - such as copy protection on CDs - imposed by
copyright owners. In the U.S., copyright owners have used this
provision to stifle discussion of, or research into, their "digital
rights management" technologies. As a result, the DMCA has chilled
free speech and scientific research. For example, when a team of
researchers led by Princeton computer science professor Edward Felten
first tried to publish a scientific paper questioning the security of
digital music technology, the recording industry threatened the team
with legal action under the "anti-circumvention" provisions of the
DMCA.
Second, EFF urges the Ministry not to treat temporary copies made in a
computer's memory as copyright infringements. Because every computer
must make temporary, incidental copies of software and data in order
to function, copyright owners with the ability to control every copy
would also have the ability to control where, when, and how often
consumers could listen to the music, books, and movies they have
purchased.
Third, EFF recommends that the Ministry protect consumer privacy and
technological innovation if it adopts any copyright "safe harbors" for
Internet service providers (ISPs). In the U.S., the "safe harbors"
aimed at protecting ISPs from copyright liability have been used by
copyright owners to silence free expression and bully customers who
use peer-to-peer file-sharing services like Napster, Aimster and
Morpheus.
In an effort to prevent U.S. copyright industries from exporting DMCA
principles to other countries, EFF and other organizations and
individuals recently submitted similar comments in Canada. EFF is
publicizing and opposing U.S. efforts to include DMCA principles in
free trade agreements with other nations, including Jordan, Singapore,
and Latin American nations. In addition, many European countries are
expected to wrestle with the issue in the coming months.
"It's really about striking a fair balance between the rights of
copyright holders and the interests of the public," said EFF Staff
Attorney Robin Gross. "In a world of copy-protected CDs, for example,
publishers could charge you a second time to add music to your mp3
player or make a copy of a CD for your car."
EFF comments on New Zealand proposal:
http://www.eff.org/sc/20011012_eff_dpdtca_comments.html
Joint EFF and Electronic Frontier Canada comments on Canadian
proposal:
http://www.eff.org/sc/20010915_efc_eff_cpdci_comments.html
EFF Free Trade Association of the Americas (FTAA) alert:
http://www.eff.org/alerts/20010816_eff_ftaa_alert.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
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Electronic Frontier Foundation Debuts "Radio EFF" on Live 365
Electronic Frontier Foundation Media Release
For Immediate Release: October 23, 2001
Contacts:
Patrick Norager, General Manager, Radio EFF
[email protected]
+1 415-863-5459
Alan Wallace, SVP Communications, Live 365, Inc.,
[email protected]
+1 650-345-7400 x130
Foster City, California - The Electronic Frontier Foundation (EFF) has
launched Radio EFF on Live 365. Radio EFF uses audio programming to
help people better understand how technologies and laws interact,
impacting everyone's freedoms and civil liberties.
Radio EFF's programming includes interviews and panel discussions with
the people who are on the front lines defending freedom of expression
in cyberspace. EFF staff attorneys and activists regularly appear
discussing ongoing litigation and legislation that will determine the
future freedoms of the individual in the digital age.
"Having the ability to share ideas is critical to the preservation of
liberty. Radio EFF and Live 365 are working together to amplify the
issues and events shaping the future of freedom online," said Patrick
Norager, Radio EFF's General Manager. As more and more people learn
about their rights in cyberspace, these freedoms become more difficult
to diminish or dismantle. "Public education is a significant source of
our success at EFF. Through audio, our message - and the message of
freedom - can travel farther faster."
"We are thrilled to provide a forum for the EFF, and to help
facilitate the important dialogue being offered relating to the
protection of civil liberties in the digital space," said John
Jeffrey, Executive Vice President of Live 365, Inc. "Through our
broadcasting services, we strive to provide an opportunity for any
individual or organization to use our tools to provide their
viewpoints, share their content, and exercise their right to free
speech."
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 Live 365:
Live 365 (www.Live365.com) is the world's largest broadcaster of
streaming MP3 content on the Internet and rated by Arbitron as the No.
1 Internet Radio network. Users can listen to tens of thousands of
broadcasts anytime day or night. Through innovative proprietary
technology, users can also create a one-of-a-kind personal station to
broadcast worldwide. Live 365's tools (including Meetings365 &
Studio365) empower traditional radio stations, record companies,
government, city and civic community groups with an easy solution to
stream audio over the Internet. Live 365 is both a member of the
Digital Media Association (DiMA) and a member of the National
Association of Broadcasters (NAB). Founded in July 1999 in Foster
City, CA, Live 365 recently won the 'People's Voice' award for "Best
Music Site" at the Fifth Annual Webby Awards.
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Find out how Anti-Terrorism Legislation Will Affect Civil Liberties on Radio
EFF
October 11th BayFF Audio Recording Available
BayFF: Anti-Terror Legislation and our Civil Liberties
Location: San Francisco Public Library
Recorded: October 11, 2001
Moderator: Cindy Cohn, EFF Legal Director
Panelists:
Ann Brick - Staff Attorney, ACLU of Northern CA
Lee Tien - EFF Senior Staff Attorney
Kevin Poulsen - Journalist, SecurityFocus
Robert Rubin - Legal Director, Lawyers' Committee
for Civil Rights of the SF Bay Area
Links:
Part 1 Panel Discussion (30 MB @64k)
Running Time: 1 hour 4 minutes 20 seconds
Downloadable & Streamable MP3 (O)pen Audio
http://radio.eff.org/radio_shows/bayff1.mp3
Part 2 Audience Q&A (16 MB @64k
Running Time: 32 minutes 44 seconds
Downloadable & Streamable MP3 (O)pen Audio
http://radio.eff.org/radio_shows/bayff2.mp3
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SSSCA hearings postponed
Senate Commerce Committee hearings relating to the Security Systems
Standards and Certification Act (SSSCA), originally set for October
25, have been postponed in the face of mounting opposition from the
technology community.
The SSSCA would require that all future digital technologies include
federally-mandated "digital rights management" (DRM) technologies that
will enable Hollywood to restrict how consumers can use digital
content. Response to the draft bill, which was authored by Senator
Fritz Hollings (D-SC), has been largely negative. EFF announced its
opposition to the bill several weeks ago and encouraged its members to
express their concerns to Senator Hollings. IBM, Intel, Microsoft, and
others have since announced their opposition, as well.
Senator Hollings has not re-scheduled the hearings, and has indicated
that he would consider modifying the bill.
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Administrivia
EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
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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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