Deeplinks
A newly leaked chapter of the Trans-Pacific Partnership (TPP) agreement from Wikileaks has confirmed some of our worst fears about the agreement. The latest provisions would enable multinational corporations to undermine public interest rules through an international tribunal process called investor-state dispute settlement (ISDS). Under this process, foreign companies can challenge any new law or government action at the federal, state, or local level, in a country that is a signatory to the agreement. Companies can file such lawsuits based upon their claim that the law or action harms their present or future profits. If they win, there are no monetary limits to the potential award.
Updated April 2, 2015
The Office of the Director of National Intelligence was created in 2004 to serve as central authority for intelligence activities in the United States. To illustrate its mission, several years ago the agency created a poster outlining a series of eight goals that the agency believed would lead to "the most insightful intelligence possible."
Unfortunately, this list of goals, which is still in use today, does not include language related to privacy, civil liberties, or the Constitution.
So what if the ODNI's official mission statement reflected the ideals of a free society as opposed to just the goals of a spy network? Here's our rewrite, with the underlined text representing our proposed additions to the text:
Update 2015-04-02: Robert Graham over at Errata Security has published some excellent research pinpointing the routers responsible for the attack, which seems to confirm their location within the Great Firewall of China.
The way copyright lawyers talk about the public domain as something works “fall into” when the copyright terms finally expires, it sometimes sounds like some kind of trash heap. But that couldn't be further from the truth: The public domain is a fantastic resource for learning, creativity and innovation—our cultural commons.
We were very happy to learn that Flickr has released a feature this weekend that allows any uploader to use Creative Commons tools to take easy affirmative steps to support that resource. Flickr users can now easily mark their photos as public domain materials in two ways: either by using a Public Domain Mark (for images already available without copyright restrictions), or using the CC0 waiver (to release whatever restrictions might be in place).
Our right to express opinions online—for instance, to criticize copyright trolls and their demands for money in hopes of scaring them away—are protected by the First Amendment. The Georgia Supreme Court correctly underscored these protections in a ruling late last week about the state’s anti-stalking law. The panel overturned a trial judge’s astonishing order directing a website owner to remove all statements about a poet and motivational speaker who had a sideline business of demanding thousands of dollars from anyone who posted her prose online—a practice that had sparked plenty of criticism on the web.
by EFF staff members, current and former.
When you think of EFF, you may think of our attorneys arguing for individual rights in front of courts across the country, our activists working to coordinate the Internet-wide blackout to protest digital censorship, and technologists developing free software tools to help Internet users safeguard their privacy and security. What many folks don’t realize, however, is that for more than twenty years, there’s been someone less visible who made all of this work possible: Shari Steele.
This week we released the latest version of HTTPS Everywhere to all of our users. Compared to the previous major release, this version introduces thousands of new rules, translations of the interface into sixteen new languages, and support for "Block All HTTP Requests" in Chrome. If you already use HTTPS Everywhere, you will automatically be updated to the latest version. If you don't have HTTPS Everywhere installed, you can get it here.
EFF is fighting for vehicle owners’ rights to inspect the code that runs their vehicles and to repair and modify their vehicles, or have a mechanic of their choice do the work. At the moment, the anti-circumvention prohibition in the Digital Millennium Copyright Act arguably restricts vehicle inspection, repair, and modification. If EFF is successful then vehicle owners will be free to inspect and tinker, as long as they don’t run afoul of other regulations, such as those governing vehicle emissions, safety, or copyright law.
You can support EFF's exemption requests by adding your name to the petition we'll submit in the rulemaking.
Thailand, after the 2014 coup by the Royal Thai Armed Forces unseated its democratic government, sits a disturbing gray area with regard to the due process and the rule of law. While martial law was, in theory, revoked last week, and ordinary governance restored, the military are still clearly in charge, and the current junta still expressly reserve the right to intervene at will. As with the last coup, the current dictatorship has taken advantage of its powers to prepare or pass statutes that will persist, even when (or if) full democratic rule is restored. Among the barrage of laws passed were modifications to Thai copyright and computer crime law. Curiously, a detailed examination of the changes shows among the expected set of restrictions on online freedoms, some positive improvements: that is, if the junta and future Thai governments can be trusted to follow their own rules.
A security flaw in New South Wales’ Internet voting system may have left as many as 66,000 votes vulnerable to interception and manipulation in a recent election, according to security researchers. Despite repeated assurances from the Electoral Commission that all Internet votes are “fully encrypted and safeguarded,” six days into online voting, Michigan Computer Science Professor J. Alex Halderman and University of Melbourne Research Fellow Vanessa Teague discovered a FREAK flaw that could allow an attacker to intercept votes and inject their own code to change those votes, all without leaving any trace of the manipulation.
On the morning of April 1st, the White House issued a new executive order (EO) that asserts that malicious “cyber-enabled activities” are a national threat, declares a national emergency, and establishes sanctions and other consequences for individuals and entities. While computer and information security is certainly very important, this EO could dangerously backfire, and chill the very security research that is necessary to protect people from malicious attacks.
Mandatory data retention legislation is never a good idea, which is why EFF has vigorously opposed it in the United States, where Congress tried and failed to pass it in 2009. That year, two ill-conceived bills would have required all Internet providers and operators of Wi-Fi access points to keep records on Internet users for at least two years to assist police investigations. Nevertheless, governments around the world, individually, and in concert, continue to argue that the stockpiling of the private, personal data of entire populations become a global norm. It's a constant battle, but one with some clear victories, most notably in the European Union, and most recently in Paraguay.
We've filed a new lawsuit against the Drug Enforcement Administration (DEA) on behalf our client, Human Rights Watch (HRW), to challenge the DEA’s untargeted collection of billions of international calling records over the course of more than two decades. You may have seen a wonderfully detailed piece of reporting on the program published yesterday by Brad Heath of USA Today.
The Entertainment Software Association doesn’t want anyone to restore the functionality of older videogames that are no longer supported by their publisher, because, says ESA, this is “hacking,” and all hacking is “associated with piracy.”
A coalition of 34 organizations from across the political spectrum is launching Fight215.org today to help concerned individuals contact lawmakers and demand an end to NSA’s unconstitutional mass surveillance under the Patriot Act.
The launch coincides with the countdown to the expiration of Section 215 of the Patriot Act, which the NSA claims justifies bulk collection of the phone records of millions of innocent people. Whistleblower Edward Snowden shared these thoughts with the coalition:
Much of EFF’s transparency work centers around government activities in the executive and legislative branches. But transparency in the courts is also important. That’s why yesterday we sent a letter to the U.S. Court of Appeals for the Federal Circuit asking for greater free public access to orders issued by the court.
Tras el rechazo unánime en la Cámara de Diputados del proyecto de retención de datos que obliga a los ISPs y telcos locales a almacenar por 12 meses los metadatos de las comunicaciones de todos los internautas en Paraguay, la difusión masiva de unas fanpages que divulgaban materiales de pornografía infantil intenta utilizarse para revertir aquella decisión legislativa, ahora que Pyrawebs ha pasado al Senado para que sea definitivamente aprobada o rechazada.
The White House Office of Management and Budget has published a new standard recommending full HTTPS on all federal web sites and web services. They are accepting public comments until April 14; if you care about privacy and security, you should weigh in.
This post is our public comment: we whole-heartedly support the federal government's adoption of this essential cybersecurity standard. We also urge all state, local, and national governments worldwide to follow suit, as soon as possible.
EFF, Tony Arcieri, Justin Culbertson, Whitney Merrill, and Peter Teoh are excited to announce that we’ll be bringing the Crypto & Privacy Village to the Tribeca Film Festival. The Crypto & Privacy Village is a place to pick up tips and tricks about computer security and privacy and learn about encryption, and we’re excited to bring that experience to the international film community. DEF CON and the Tribeca Film Festival will be hosting the Village April 23 to 25 at Spring Studios.
La neutralidad de la red requiere que todos los datos que viajan a través de Internet sean tratados igualmente. Esto significa que las empresas de telecomunicaciones no deben bloquear contenidos en función de su origen o destino, ni deben discriminar y/o priorizar ciertas aplicaciones, tampoco imponer tasas especiales de acceso que harían más difícil que los contenidos puedan llegar a sus usuarios.
En Paraguay, recientemente, las empresas de telefonía solicitaron a la Comisión Nacional de Telecomunicaciones (CONATEL), que las aplicaciones que proveen llamadas de voz sobre datos como WhatsApp sean reguladas y cuenten con una licencia para operar en el país.
EFF has signed on to a joint letter with more than 100 organizations and individuals to urge Canadian members of parliament to vote against Canada's anti-terror legislation, Bill C-51. The reckless bill contains vague language and proposes broad, unchecked surveillance powers that threaten the right to privacy and free expression in Canada. Canadian MPs are set to vote on Bill C-51 for the third and final time shortly after they return from recess on April 20.
When a customer signs up for Internet access from a broadband provider such as Comcast or Verizon, they're signing up for more than just access to that ISP's network. After all, ISPs provide the "last mile" connection to their customers, but these ISPs do not own the entire infrastructure of the Internet. To reach the rest of the Internet, traffic needs to leave the physical network owned by the ISP and travel over other networks owned by other parties. Sometimes these other parties are other ISPs, and sometimes they are content providers such as Netflix or "content delivery networks" such as Akamai that serve content from a variety of clients. Either way, it is these interconnections, where two networks exchange traffic with each other, that make the Internet what it is: an interconnected network of networks. How well these interconnections function (and whether or not they're subject to persistent congestion) has a huge impact on the quality of people's Internet connections.
Virginia may be home to the Central Intelligence Agency, the Drug Enforcement Administration, and the FBI National Academy, but it could also soon be home to some of the toughest regulations on local law enforcement use of surveillance technologies.
The Internet provides a wide-range of resources for LGBTQ youth to find community, health information, and other resources to explore and understand their identities. Unfortunately, many of these resources get censored, either intentionally or as collateral damage from the use of other filters. It can be difficult to access online resources without being outed to peers, family, and online advertisers. Young people need space to explore and experiment without fear that their curiosity will be punished or logged on their permanent records. Today we unveil a new playlist on Surveillance Self-Defense tailored to help young people safely access the information they need.
For the past few years, EFF and a coalition of other organizations has been campaigning for more and better Open Wireless networks. Unlocked, password-free wireless networks are in many respects the most convenient, efficient, and privacy-protective way to access the Internet, and running one is a considerate and neighbourly thing to do. But typical router hardware does not support open wireless very well, making it tricky or impossible for households to share some portion of their bandwidth without potentially slowing down their own connections.
This post explores what the essential features that make for a good open router, and three paths could get us there: out-of-the-box support from router manufacturers; standalone firmware; and features in open source router projects like OpenWRT.
Durante la VII Cumbre de las Américas llevada a cabo en Panamá del 10 al 11 de abril pasado, gobernantes del continente como el anfitrión panameño Juan Carlos Varela, Cristina Fernández de Argentina, Dilma Rousseff de Brasil, Ollanta Humala de Perú, entre otros, posaron para la foto con un convidado especial: Mark Zuckerberg, el fundador de Facebook, promotor y vocero del portal internet.org.
Internet.org es un proyecto liderado por Facebook que reúne a empresas de tecnología, ONGs y comunidades locales, con la supuesta noble finalidad de conectar a “dos terceras partes del mundo sin acceso a la red”, según anuncian en su portal.
EFF primarily fights awful software patents with legal challenges, explaining to judges how trivial non-innovations aren’t worthy of a government-granted monopoly, which bad actors then wield to bully small businesses and users into forking over huge sums of money. With every busted and narrowed software patent—like the recently tackled podcasting patent—we’re another step closer to protecting the future of innovation.
This month, we’re taking a different approach.
“Never before have I written so long a letter. I'm afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?”
- Martin Luther King, Jr., “Letter from Birmingham City Jail”
April 16, 1963
“I’m asking all the citizens of North Charleston to continue taping.”
That is what Councilwoman Dorothy Williams said in response to the shooting death of Walter Scott. She and others recognize that the story would have been very different without the video showing that a white police officer shot the unarmed black man several times in the back as he ran away from a traffic stop in North Charleston, South Carolina. Both NBC News and Huffington Post imagined the story absent the video.
There are some very disturbing videos circulating the Internet right now, depicting the deaths of unarmed civilians at the hands of trained, armed men. Many of these videos even show individuals being shot in the back, or as they try to flee.
These are videos of police officers in America killing unarmed black men like Oscar Grant and Eric Garner. And, as the most recent case shows, without these recordings, much of America might not have any idea exactly how much of a problem this is.
Citizen videos of law enforcement encounters are more valuable than ever. And for those who are wondering—it is legal to record the police.
One of EFF's first major legal victories was Bernstein v. Department of Justice, a landmark case that resulted in establishing code as speech and changed United States export regulations on encryption software, paving the way for international e-commerce. We represented Daniel J. Bernstein, a Berkeley mathematics Ph.D. student, who wished to publish an encryption algorithm he developed, the source code for a program to run the algorithm, and a mathematical paper describing and explaining the algorithm.
On this day in 1993, the Clinton White House introduced the Clipper Chip, a plan for building in hardware backdoors to communications technologies. The chip would be used in American secure voice equipment, giving law enforcement agencies the explicit ability to decrypt its traffic using a key stored by the government. The White House promised that only law enforcement with proper "legal authorization" could access that key—and thus, the contents of the communications.
Following months of protest, Congress has finally put forth bicameral Fast Track legislation today to rush trade agreements like the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) through Congress. Sens. Orrin Hatch and Ron Wyden, and Rep. Paul Ryan, respectively, introduced the bill titled the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. With Fast Track, lawmakers will be shirking their constitutional authority over trade policy, letting the White House and the U.S. Trade Representative pass Internet rules in back room meetings with corporate industry groups.
It's time to take a closer look at EFF's recent victory against bogus patents and highlight what we and others concerned about our patent system are up against. The United States Patent and Trademark Office (USPTO), acting on our request for review, last week invalidated claims from a patent Personal Audio LLC was using to assert that it invented podcasting. At stake was the right of bloggers, podcasters, and broadcasters to air content, including popular shows like "This American Life" and "Stuff You Should Know," online and operate their websites free of costly "settle or we’ll sue" threats from Personal Audio. The USPTO's decision works to stop the self-described "holding company" from using these patent claims to go after more companies, after previously targeting comedian and podcaster Adam Corolla, CBS, and others with patent lawsuits.
A 14-year-old eighth grader in Florida, Domanik Green, has been charged with a felony for “hacking” his teacher’s computer. The “hacking” in this instance was using a widely known password to change the desktop background of his teacher’s computer with an image of two men kissing. The outrage of being charged with a felony for what essentially amounts to a misguided prank should be familiar to those who follow how computer crimes are handled by our justice system.
Our client, Chris Roberts, a founder of the security intelligence firm One World Labs, found himself detained by the FBI earlier this week after tweeting about airplane network security during a United Airlines flight. When Roberts landed in Syracuse, he was questioned by the FBI, which ultimately seized a number of his electronic devices. EFF attorneys now represent Roberts, and we’re working to get his devices back promptly. But unfortunately last week’s tweet and FBI action isn’t the end of the story.
On Thursday, Senator Ron Wyden and Representative Jared Polis introduced a new bill to fix many of the problems that Section 1201 of the Digital Millennium Copyright Act causes for free speech, privacy, security research, and innovation. Called the “Breaking Down Barriers to Innovation Act,” the bill would make it a little easier to get three-year exemptions to the DMCA’s ban on circumventing digital restrictions. It also expands and clarifies the exemptions for encryption research, security testing, strengthening privacy, and reverse engineering.
During the VII Summit of the Americas held in Panama from 10 to 11 April, presidents from several Latin American countries, including the Panamanian host Juan Carlos Varela, Cristina Fernandez of Argentina, Dilma Rousseff of Brazil, and
A New York Times series on secretive corporate lobbying of state attorneys general has been awarded a Pulitzer Prize for investigative reporting today. The entire series does important digging on an area of political influence that's generally less transparent than Congressional lobbying.
EFF, Access, and a coalition of other digital rights organizations have launched a campaign opposing legislative attempts to make information sharing between companies and the government easier. The 5 bills—touted as cybersecurity bills—would provide legal avenues for Internet companies to share unprecedented amounts of data with the US government, often with few protections for private information that may be included in these data dumps.
يوفر الإنترنت مجموعة واسعة من الموارد لمتعددي الهويات الجنسية الشباب لإيجاد مجتمعات مشابهة، معلومات صحية، وغيرها من الموارد لاستكشاف وفهم هوياتهم. ولكن لسوء الحظ، تتعرض العديد من هذه الموارد لرقابة، إما عن قصد أو عن طريق أضرار جانبية من استخدام المرشحات الأخرى. قد يكون من الصعب الوصول إلى الموارد على الانترنت دون الظهور علنا للأقران، الأسرة، والمعلنين على شبكة الإنترنت. الشباب بحاجة لفضاء للتجربة والاستكشاف دون خوف من أن فضولهم سيعرضهم للعقاب أو سيتم تسجيل هذا الفضول في سجلاتهم الدائمة. وسنكشف اليوم النقاب عن قائمة تشغيل جديدة للحماية من المراقبة مصممة خصيصا لمساعدة الشباب على الوصول إلى المعلومات التي يحتاجونها بأمان.
The San Francisco Board of Supervisors has unanimously voted in favor of a resolution today urging the district's congressional representatives to oppose Fast Track legislation for the Trans-Pacific Partnership (TPP) agreement. Supervisor John Avalos put forth the resolution, which expresses concerns about the secret trade agreement's provisions that would impact the free and open Internet, among a host of other threats to the public interest.
EFF joined over 50 privacy and civil society organizations that sent two letters to Congress demanding it vote against the Senate Intelligence Committee's cybersecurity "information sharing" bill, the Cybersecurity Information Sharing Act of 2015 (CISA, S. 754) and the House Intelligence Committee’s bill, the Protecting Cyber Networks Act (PCNA, HR 1560). The letters demand Congress oppose the bills as the House will be voting on the cybersecurity bills shortly.
As the letter points out, CISA and the PCNA are surveillance bills in disguise that may not even improve computer security. In fact:
Senate Majority Leader Mitch McConnell and Intelligence Committee Chair Senator Richard Burr introduced S. 1035 last night. The bill reauthorizes Section 215 of the USA Patriot Act—the provision used by the NSA to collect innocent Americans' everyday calling records—until 2020.
The announcement of the Canadian Government's plan to extend copyright terms for sound recordings came as a surprise when it was released in Canada's federal budget yesterday. The smooth stage management of the announcement has to be admired, accompanied as it was by pre-prepared soundbites from Canada's music A-list extolling the benefits of this handout. In fact, with all the drama and glamor of the announcement, all that was missing was any prior public consultation or debate that could give the government an actual mandate to make this sweeping change to Canadian law.
The House passed two cybersecurity "information sharing" bills today: the House Permanent Select Committee on Intelligence's Protecting Cyber Networks Act, and the House Homeland Security Committee's National Cybersecurity Protection Advancement Act. Both bills will be "conferenced" to create one bill and then sent to the Senate for advancement. EFF opposed both bills and has been urging users to tell Congress to vote against them.
If you're trying to tinker with repair or even recycle your electronics—whether it's a computer, a tablet, or a toaster—you increasingly face two major hurdles. The first, bizarrely enough, is copyright law. See, you may own your device, but you probably just rent, or license, the software that runs it, and that license will come with all sorts of legal and technological restrictions. That particular problem has been getting a lot of attention in the last few days in the context of cars and tractors. Automakers have told the Copyright Office that car owners don't really own their cars, and shouldn’t be allowed to tinker with them.
The notice and takedown provisions of the U.S. Digital Millennium Copyright Act (DMCA) provide a streamlined way for copyright owners to remove material from the Internet. Now almost two decades after the law was passed, the DMCA takedown system has proved itself to be an utter disappointment. Users are frequently outraged by false takedown notices that are issued recklessly (such as the scattershot automated notices that Total Wipes Music Group recently sent targeting websites, including EFF's) or even maliciously (such as the use of takedowns to silence political speech).
Sen. Ron Wyden took to Wired yesterday to argue that the Fast Track bill he co-sponsored to rush approval for trade deals like the Trans-Pacific Partnership (TPP) agreement will help protect the free and open Internet. Sen. Wyden has long been a staunch defender of the Internet and users' rights, and more recently, he has renewed his efforts to reform the Digital Millennium Copyright Act (DMCA) and the draconian Computer Fraud and Abuse Act (CFAA). We heartily applaud these endeavors—which is why his stance on Fast Track and the TPP is so disappointing.
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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