Deeplinks
El Presidente de Perú Ollanta Humala firmó el pasado 27 de julio el Decreto Legislativo 1182 que permite a la policía acceder sin órden judicial y en tiempo real a los datos de localización de manera 24/7 en casos de flagrante delito. Pero eso no la peor parte del decreto: obliga a los proveedores de telecomunicaciones y telefonia, por un año, a retener los datos sobre quién se comunica con quién, por cuánto tiempo, y desde dónde. También permite a las autoridades acceder a los datos al instante y en línea por de siete días después de emitida una orden judicial. Además, las compañías de telecomunicaciones deberán retener esos datos por 24 meses adicionales en sistemas de almacenamiento electrónico. Para colmo, el decreto cita erróneamente que los datos de localización están “excluidos” de la privacidad de las comunicaciones, garantizada en la Constitución peruana.
Peruvians understand the dangers of pervasive surveillance. Peru's ex-spy chief, Vladimiro Montesinos is serving a long jail sentence for corruption and human rights abuses. In 2000, Peruvian authorities seized about 2,400 videotapes made by Montesinos, which he used to manipulate political opponents and journalists whom he caught on film, a scandal also known as the “Vladivideos”. That’s why so many in the country recognise the dangers of a pervasive surveillance state.
In a move that could set a crucial precedent for all service providers, Google pushed back against the expansion of what's become known as the Right to be Forgotten (RTBF) ruling, and refused to comply with a notice issued by French data protection agency Commission Nationale de l’Informatique et des Libertes (CNIL) mandating the company remove links from its domains worldwide (as opposed to removal by country only). “We respectfully disagree with the CNIL’s assertion of global authority on this issue,” said Google Global Privacy Counsel Peter Fleischer.
Los ciudadanos y ciudadanas del Perú entienden los peligros de la vigilancia omnipresente. El ex jefe de espionaje Vladimiro Montesinos, está cumpliendo una larga condena por corrupción y violaciones a los derechos humanos, ya que en el año 2000, autoridades locales incautaron unas 2.400 cintas hechas por Montesinos, con las que manipulaba a los oponentes políticos y a periodistas que grabó en vídeo, un escándalo conocido como los “Vladivideos”. Es por ello que muchos en aquel país entienden los peligros de un Estado con vigilancia generalizada.
For several years now, privacy advocates in the Middle East and North Africa have grappled with the impact of targeted surveillance technologies on various communities in their countries. These tools, sold by unscrupulous European companies to some of the world’s least democratic governments, have been increasingly used to spy on activists, often without any legal mandate.
Each summer the Electronic Frontier Foundation joins tens of thousands of computer security professionals, academic researchers, tech tinkerers, and curious onlookers at a series of bleeding-edge hacker conferences in Las Vegas. EFF has been a proud supporter of these communities since our founding twenty-five years ago, and we make a concerted effort to ensure that con-goers know that there is an active movement to protect digital freedom around the world. We renewed this commitment during the 2008 summer hacker events by launching the Coders' Rights Project to help programmers and developers navigate the murky laws* surrounding security research.
Today, EFF and a coalition of public interest groups filed an amicus brief with the Fifth Circuit Court of Appeals in a high-profile battle over whether Google must respond to an unusual and dangerous subpoena issued by Attorney General Jim Hood of Mississippi. As we explain, the subpoena represents a threat to not only large Internet service providers like Google, but also small service providers and the users who rely on their platforms for online speech.
Major movie studios are again trying to make a website they don’t like disappear without a trial. This time, the studios are asking for one court order to bind every domain name registrar, registry, hosting provider, payment processor, caching service, advertising network, social network, and bulletin board—in short, the entire Internet—to block and filter a site called Movietube. If they succeed, the studios could set a dangerous precedent for quick website blocking with little or no court supervision, and with Internet service and infrastructure companies conscripted as enforcers.
A New Milestone: Appeals Court to Consider NSA's Mass Seizures and Searches on the Internet Backbone
One of the most outrageous ways that the government has violated our Fourth Amendment rights against general seizures and searches has been through its system of tapping into the fiber optic cables of America’s telecommunications companies. The result is a digital dragnet—a technological mass surveillance system that subjects millions of ordinary Americans to the seizure and searching of their online correspondence, conversations, web searches, reading and other activities as they travel across the Internet. This tapping isn’t just about metadata—it includes full content searches of Americans’ communications, at the very least any international communications involving a website or a person who is abroad.
The government of Kazakhstan has pursued one of its fiercest critics, the newspaper Respublika, with lawsuits and threats for fifteen years. By 2012, it seemed it had finally achieved its aim: after repeated prosecutions for "inciting social discord" and "spreading extremism," the paper's founder was in exile, and its staff forced to cease printing and distributing its print edition within the country. But despite blocks, bans, and overwhelming distributed denial-of-service (DDoS) attacks, Respublika's reporting lives on through its websites, which continue to critically report on the country's affairs and provide a forum for discussion from the relative safety of servers hosted in the United States.
Update August 5, 2015: See our analysis of the new leaked TPP Intellectual Property text.
The Department of Homeland Security (DHS), the lead agency tasked with protecting civilian government computer systems, agrees that the Senate's Cybersecurity Information Sharing Act (CISA) is fundamentally flawed. DHS's letter to Senator Al Franken, which voiced many concerns about the bill, joins the chorus of criticisms raised by computer scientists, privacy advocates, and civil society organizations. It's the clearest sign yet that the Senate should kill this bill.
The following is a guest post from Dr Shawn Tan, CEO of Aeste Works, a Malaysian software and hardware engineering firm.
Reading the Copyright Act 1987 of Malaysia, the duration of protection extended to copyright holders is presently enumerated by several provisions under Part III of the Act.
The general duration of protection for literary, musical or artistic works is 50 years after the death of the author. This may be extended for posthumous publications by up to another 50 years if the work was only published well after the death of the author.
When we wrote about the intermediary liability provisions in a reported May 2015 leak of the Intellectual Property chapter of the Trans-Pacific Partnership (TPP) last month, we hadn't actually seen the text. But thanks to the publication of that leak by Knowledge Ecology International yesterday and today, we now have a far better understanding of the current state of play—including some of the reasons why the most recent round of negotiations in Maui fell apart.
EFF joined a broad coalition of 31 organizations in sending a letter to Senate leadership opposing an unconstitutionally vague bill that would require Internet companies to report to the government when they obtain “actual knowledge” of any “facts and circumstances” related to “terrorist activity.” Section 603 of the Intelligence Authorization Act for Fiscal Year 2016 (S. 1705), which does not define “terrorist activity,” raises significant First and Fourth Amendment concerns, including the chilling of protected speech and the warrantless search and seizure of private electronic content.
First Amendment Concerns
Do you have a minute to help us map how police are using handheld devices to collect biometric data, like your facial features or iris patterns? OK, how about 30 seconds? If you type fast enough, we bet you can get it down to 10 seconds.
Just tell us (EFF and MuckRock, that is) where you want us to look—say the Truth or Consequences Police Department or the Kalamazoo Department of Public Safety—and we’ll file a Freedom of Information request for you. You don’t even need to give us your name.
If you’re ready, click here. If you still need a little more convincing, read on.

Privacy Badger 1.0 – New Ways to Stop Sneaky Trackers
EFF is excited to announce that today we are releasing version 1.0 of Privacy Badger for Chrome and Firefox. Privacy Badger is a browser extension that automatically blocks hidden trackers that would otherwise spy on your browsing habits as you surf the Web.
The following is a guest post from Brett Gaylor, Canadian filmmaker and creator of RiP!: A Remix Manifesto.
Most people's experience with copyright begins and ends with the FBI warnings that play before movies on a DVD. But for those who make a living from creative work, copyright is an everyday reality. It's both a mechanism to help a creator get paid, and a framework that allows them to include the creativity of others within their own work.
In the digital age, being creative is increasingly an act of copying—whether that is sampling music, quoting an article in an online publication, or including a photo or moving image in a YouTube video.
Do Not Track (not to be confused with EFF's recently launched browser policy) makes the most of the documentary web series format: it is a fully immersive, interactive experience that makes good use of cat gifs in order to explain the technologies that track us across the web.
With assistance from Joseph Bonneau, Lee Tien, and Jamie Williams
Bitcoin creator Satoshi Nakamoto would never have qualified for a license under California’s proposed virtual currency regulation
A.B. 1326 (Dababneh) is a bill that would require “virtual currency businesses” to apply for and obtain a license in order to offer services in California, and it includes significant fees and administrative hurdles. Unfortunately, the bill’s language is so vague that it’s unclear what companies are, in fact, “virtual currency businesses.” So in spite of carve-outs for smaller companies and for software developers who don’t exercise control over the currency, the proposal threatens the future of virtual currency experimentation and innovation in the state.
What if using the Web didn’t mean sacrificing your privacy?
We’ve spent years thinking about simple ways for everyday users to demand real privacy online. And, working in consultation with privacy experts across the globe, we’ve got a blueprint for addressing one particularly challenging privacy dilemma: online tracking.
EFF just released the first detailed policy implementation of Do Not Track (DNT) as a Web privacy opt-out. We’ve also created a less technical guideline to the policy.
In 1991, computer scientists at the University of Cambridge pointed a camera at a coffee machine and programmed it to broadcast images of the pot levels to anyone in their building with a need for caffeine. With that, webcams and live-streaming were born, and now we live in an age of webcasting in college classrooms, teleconferencing and telepresences in the work place, and social lives and media experiences enhanced by services like Google Hangouts and Twitter Periscope.
Despite all those advancements in the commercial, industrial, and academic sectors, our local governments still lag far behind contemporary Internet trends. Sure, many city councils now live-stream their sessions, but the feeds are limited and almost always one-way modes of civic engagement.
Con motivo del octavo Foro Latinoamericano de Gobernanza de Internet (LACIGF8), que se llevó a cabo en la Ciudad de México entre el 2 y el 4 de agosto pasado, organizaciones de la sociedad civil de América Latina presentaron una declaración defendiendo los derechos humanos en la era digital.
Are you a radio listener? A fan of classic rock or jazz? Do you tune in to Sirius XM’s “60s on 6” channel or seed your Pandora stream with the Rolling Stones? A case in federal appeals court in New York (and a similar case in California) could shake up music broadcasting, and not in a good way. A lower court decision expanded the scope of common law copyrights in sound recordings from before 1972, adding a new right to control public performances of those recordings. Unless the appeals court reverses the decision, broadcasters (both digital and analog), along with restaurants and other businesses, are now at risk of being sued for infringing “rights” never before recognized.
After much public outcry, the treason investigation into German blog Netzpolitik.org was paused late last week. Yesterday, we were glad to hear that it had been officially dropped.
Este artículo ha sido co-escrito por Ana María Acosta, voluntaria en EFF.
Today, the Court of Appeals for the Federal Circuit heard arguments in ClearCorrect v. ITC, a case that threatens to give private companies, via agency power, broad ability to censor and regulate the Internet. But this isn’t a case about net neutrality. Instead, it’s a patent case where the patent owner is asking the Federal Circuit to uphold an agency order banning certain data from entering the United States via the Internet. EFF, along with Public Knowledge, filed an amicus brief in the case arguing that there is no authority allowing this; at least, not the way the patent owner is arguing.
This article was co-written with EFF volunteer, Ana María Acosta.
The following is a guest post from Martin Frid, Policy Expert at the Consumers Union of Japan.
Japan's entry into the Trans-Pacific Partnership (TPP) will see a wide range of changes sweeping the economy and the community, in areas as diverse as food safety/food security, country of origin labeling rules, and copyright. As a staff member of Consumers Union of Japan, I am concerned about all of these issues—but I'm writing here about the copyright changes, which unlike in many other TPP countries have sparked national attention.
Yesterday, Manhattan District Attorney Cyrus Vance, Jr. and law enforcement officials from Paris, London, and Madrid published an anti-encryption op-ed in the New York Times—an op-ed that amounts to nothing more than a blatant attempt to use fear mongering to further their anti-privacy, anti-security, and anti-constitutional agenda. They want a backdoor. We want security, privacy, and respect for the Fourth Amendment’s guarantee that we be “secure” in our papers. After all, the Founding Fathers were big users of encryption.
The United States Court of Appeals for the Ninth Circuit today rejected the government’s latest attempt to delay consideration of whether the NSA’s tapping into the Internet backbone is legal in Jewel v. NSA, clearing the path for the first appellate court decision on whether this formerly secret mass surveillance program violates the Fourth Amendment.
This summer EFF unveiled the sixth limited edition member's t-shirt for the 23rd annual DEF CON, the premier world hacker conference in Las Vegas. This year’s design, like the shirts we produced in 2013 and 2014, includes a puzzle that involves the use of encryption.
The front of this year’s shirt features a long cipher text, displayed in a 1940s typeface:

Here's the string for those following along at home:
5c91dd90f2958c976a73a54aac97f2559eab74b3fd72e7695fd77ba0994d0772bd41510e2b1c61a5a8215ba5b88b617c
The New York Times has a story out on how San Diego police use mobile facial recognition devices in the field, including potentially on non-consenting residents who aren’t suspected of a crime. One account from a retired firefighter is especially alarming:
Stopped by the police after a dispute with a man he said was a prowler, he was ordered to sit on a curb, he said, while officers took his photo with an iPad and ran it through the same facial recognition software. The officers also used a cotton swab to collect a DNA sample from the inside of his cheek…
“I was thinking, ‘Why are you taking pictures of me, doing this to me?’ ” said Mr. Hanson, 58, who has no criminal record. “I felt like my identity was being stolen. I’m a straight-up, no lie, cheat or steal guy, and I get treated like a criminal.”
Readers of these pages will be familiar with the debate going on between government officials and technologists around the world about law enforcement’s perceived need to access the content of any and all encrypted communications.1
In our campaign against the TPP's Copyright Trap, we are fighting back against a proposal to extend the term of copyright in six countries around the Pacific rim from 50 to 70 years after the death of the author. But there is one country that is currently proposing to extend the copyright term to last even a bit longer than that. To be precise, as part of a wholesale review of its Copyright Act, South Africa is proposing that copyright should last... forever. This goes one better than Jack Valenti of the MPAA asked for—he only asked Congress to extend copyright to last forever less one day.
Reports today in the New York Times and ProPublica confirm what EFF’s Jewel v. NSA lawsuit has claimed since 2008—that the NSA and AT&T have collaborated to build a domestic surveillance infrastructure, resulting in unconstitutional seizure and search of of millions, if not hundreds of millions, of Americans' Internet communications.
We're still sifting through the documents released as part of the recent bombshells in the press discussing AT&T's "extreme willingness to help" the NSA in its mass spying programs.
The following comment was written by Canadian filmmaker, Andrew Hunter, sent to party leaders asking them to come out against the 20-year copyright term extension in the Trans-Pacific Partnership (TPP) and stand for fair and balanced innovation policy. He emailed this comment as part of our TPP's Copyright Trap campaign.
I am writing to express my serious concern that the Trans-Pacific Partnership agreement's intellectual property chapter may extend Canada's current length of copyright.
Back in 2011, This American Life toured an office building in Marshall, Texas, and found eerie hallways of empty offices that serve as the ‘headquarters’ of patent trolls. For many, that was the first introduction to the strange world of the Eastern District of Texas, its outsized role in patent litigation and especially its effective support of the patent troll business model. Trolls love the Eastern District for its plaintiff-friendly rules, so they set up paper corporations in the district as an excuse to file suit there. Meanwhile, defendants find themselves dragged to a distant, inconvenient, and expensive forum that often has little or no connection to the dispute.
Last week, an Australian court issued an encouraging ruling pushing back against extreme copyright demands. A company called Dallas Buyers Club LLC (DBC) has been chasing thousands of alleged file sharers around the world. In the United States, these cases often lead to Internet users being shaken down for thousands of dollars each. In contrast, the Australian court is insisting that DBC’s money demands bear some sensible relationship to the harm it has suffered. If this becomes standard practice, it may protect Australian Internet users from the kind of abusive copyright trolling that has become too common in the United States.
We've been thrilled to work with members of EFF's amazing community to find new ways to reach out, collaborate, and celebrate digital rights. Recently, the fine folks at Cards Against Humanity in Chicago showed just how awesome the ORD geeks are by hosting a comedy fundraiser for EFF.
Thanks to the cohosts:
...and the comics:
El pasado 27 de Julio, el Poder Ejecutivo del Perú aprobó el Decreto Legislativo 1182 que permite al Estado acceder, en casos de flagrancia, a los datos de tu ubicación sin una orden judicial. Además obliga a las empresas operadoras de telefonía e Internet a retener los datos de millones de peruanos que se comunican a través de teléfonos fijos, móviles y/o computadoras por tres años. Los datos estarían disponibles por el Estado previa orden judicial para un posible uso futuro. La norma fue aprobada sin consulta pública y entraría en vigencia a partir de septiembre según declaraciones del viceministro de Justicia.
As far as secret, corporate-driven trade agreements go, the Trans-Pacific Partnership (TPP) is a particularly terrible deal for users, not least because it empowers Hollywood and other big publishers at the expense of everyone else. But there seems to be a glimmer of hope that one critical part of it could be improved. Some tech companies and policymakers are lobbying hard to increase the flexibility of the TPP's language on exceptions and limitations to copyright. According to reports, lobbyists representing companies like Google and other members of the Internet Association and lawmakers like Sen. Ron Wyden have been working behind the scenes to pressure the U.S. Trade Representative (USTR) to reopen the text for amendment.
A federal judge in Los Angeles has given our clients, Human Rights Watch, the go-ahead to take discovery from the government in our ongoing lawsuit challenging the constitutionality of the DEA’s bulk surveillance program. Friday's decision is rare, and it's a decisive victory—both for HRW and for the general public. EFF is not aware of any other case where discovery has been allowed into a government mass surveillance program. And the order forces the government to answer questions, under oath, about the steps it took to ensure that all illegally collected records have been fully purged from all government systems.
On July 27, Peru’s executive branch adopted a legislative decree (DL 1182) that allows warrantless access to Peruvians' location data, in cases of flagrante delicto. The decree has been dubbed "Ley Acosadora," or in English, "the Stalker Law," because of the way it creates a new power for the government to track the movements of vulnerable mobile and Internet users. The law requires telephone operators and Internet service providers to retain, for three years, data of millions of Peruvians who communicate via fixed, mobile, and/or computers. The retained data is accessible by law enforcement agencies with a court order at anytime in the future.
Right before Congress left for its annual summer vacation the Obama Administration endorsed the Senate Intelligence Committee's Cybersecurity Information Sharing Act (CISA). EFF opposes the bill because its vague definitions, broad legal immunity, and new spying powers allow for a tremendous amount of unnecessary damage to users' privacy. Just last week the Department of Homeland Security agreed and criticized CISPA for its lack of privacy protections. More importantly, CISA fails to address the causes of the recent highly publicized data breaches.
Three years ago now, EFF’s client Kyle Goodwin, a sports videographer, asked the court to allow him to retrieve the files he stored in an account on the cloud storage site Megaupload. When the government seized Megaupload’s assets and servers in January 2012, Mr. Goodwin lost access to video files containing months of his professional work. Today, EFF filed a brief on behalf of Mr. Goodwin asking, once again, for the return of the files.
Copyright is a poor tool for making embarrassing information disappear from the Internet. It rarely succeeds, and often draws more attention to whatever was embarrassing or harmful. Copyright isn’t designed for keeping secrets (in fact, it was generally meant to do the exact opposite by encouraging disclosure). Yet people keep trying to use copyright law, in part because takedown notices under the Digital Millennium Copyright Act are quick and easy, and because the rhetoric of “theft” and threats of ridiculously large penalties can be quite scary.
Accountability projects that track deleted tweets from politicians and public officials suffered a critical setback this week when Twitter killed their ability to collect that information. This move comes a few months after the service shut down the U.S. version of Politwoops, the best known of these projects, and extends the ban to some 30 other jurisdictions.
As officials assert the legitimacy of using secretive trade negotiations to decide a wide range of Internet policies, multinational corporations have been more than thrilled to take advantage of this opaque process to get their wish list of policies through the backdoor. And it's easy to observe the effects of this corporate captured process. All it takes is to compare the contents of trade agreements with industry's wish-lists to see the extent of collusion between U.S. trade officials and industry representatives. Even so, when we're confronted by the true nature of this lobbying it's hard not to be appalled.
Pages
Deeplinks Topics
- Fair Use and Intellectual Property: Defending the Balance
- Free Speech
- Innovation
- International
- Know Your Rights
- Privacy
- Trade Agreements and Digital Rights
- Security
- State-Sponsored Malware
- Abortion Reporting
- Analog Hole
- Anonymity
- Anti-Counterfeiting Trade Agreement
- Biometrics
- Bloggers' Rights
- Broadcast Flag
- Broadcasting Treaty
- CALEA
- Cell Tracking
- Coders' Rights Project
- Computer Fraud And Abuse Act Reform
- Content Blocking
- Copyright Trolls
- Council of Europe
- Cyber Security Legislation
- CyberSLAPP
- Defend Your Right to Repair!
- Defending Digital Voices
- Development Agenda
- Digital Books
- Digital Radio
- Digital Video
- DMCA
- DMCA Rulemaking
- Do Not Track
- DRM
- E-Voting Rights
- EFF Europe
- Encrypting the Web
- Export Controls
- FAQs for Lodsys Targets
- File Sharing
- Fixing Copyright? The 2013-2015 Copyright Review Process
- FTAA
- Genetic Information Privacy
- Hollywood v. DVD
- How Patents Hinder Innovation (Graphic)
- ICANN
- International Privacy Standards
- Internet Governance Forum
- Law Enforcement Access
- Legislative Solutions for Patent Reform
- Locational Privacy
- Mandatory Data Retention
- Mandatory National IDs and Biometric Databases
- Mass Surveillance Technologies
- Medical Privacy
- National Security and Medical Information
- National Security Letters
- Net Neutrality
- No Downtime for Free Speech
- NSA Spying
- OECD
- Online Behavioral Tracking
- Open Access
- Open Wireless
- Patent Busting Project
- Patent Trolls
- Patents
- PATRIOT Act
- Pen Trap
- Policy Analysis
- Printers
- Public Health Reporting and Hospital Discharge Data
- Reading Accessibility
- Real ID
- RFID
- Search Engines
- Search Incident to Arrest
- Section 230 of the Communications Decency Act
- Social Networks
- SOPA/PIPA: Internet Blacklist Legislation
- Student and Community Organizing
- Stupid Patent of the Month
- Surveillance and Human Rights
- Surveillance Drones
- Terms Of (Ab)Use
- Test Your ISP
- The "Six Strikes" Copyright Surveillance Machine
- The Global Network Initiative
- The Law and Medical Privacy
- TPP's Copyright Trap
- Trans-Pacific Partnership Agreement
- Travel Screening
- TRIPS
- Trusted Computing
- Video Games
- Wikileaks
- WIPO
- Transparency
- Uncategorized