Deeplinks
The first line of the opinion issued earlier this week by the Foreign Intelligence Surveillance Court (FISA Court) reauthorizing the NSA’s mass surveillance of telephone records is telling: “‘Plus ça change, plus c’est la même chose,’ well, at least for 180 days.” The court’s observation that “the more things change, the more they stay the same” refers to the fact that its opinion allows the bulk collection of phone records one last time, through the end of November. But the court could have also been describing its disappointing business-as-usual approach to deciding how the recently passed USA Freedom Act affected this program.
We're the Electronic Frontier Foundation, and we're thrilled to be celebrating a quarter-century of fighting for digital rights.
We're kicking off this milestone in two ways: a membership drive and a party and minicon in San Francisco on July 16. We're asking people to donate and become members because we fight passionately for the rights of individuals—and in turn, rely deeply on individuals to strengthen our work as we confront threats from powerful institutions and as technology transforms our lives. We're throwing the party to celebrate 25 years of work in the digital world and imagine what the next 25 years ought to look like. More information on our anniversary activities is below.
UPDATE: Judging will take place in the Contests and Events main hall at Bally's at 5 PM on Saturday, August 8, 2015.
The Electronic Frontier Foundation is proud to present the DEF CON 23 Badge Hack Pageant (1337 skills required, swimsuit optional). Now is the time to bring out your sweetest hacks and sickest mods in a no-holds-barred battle for hardware supremacy. You are free to excel in practicality, absurdity, devastating good looks, or all three. Break out your hacker con badge collection and have at it. Our esteemed celebrity judges—badge legends 1057 and Joe "Kingpin" Grand—will decide the fate of contestants.
The path to victory is simple...
Visa and MasterCard confirmed that they have cut off payment services for Backpage.com, an online platform for people to advertise goods and services. This was in response to public pressure from Cook County Sheriff Tom Dart, who wrote to executives at both of the payment processors urging them to cut off transactions to Backpage’s adult services. The two companies responded by quickly shutting down payments for the entire site.
While California may be home to some of the most aggressively forward-thinking tech companies in the world, that enthusiasm for innovation hasn’t carried over to the public sector. State and local governments have been frustratingly slow to make public data available online. There hasn’t been anything close to a statewide standard, leaving individual agencies to voluntarily develop open data policies, often in an inconsistent and piecemeal fashion, or not at all.
That would change if the California legislature passes two bills, S.B. 573 and S.B. 272, which would put state and local government bodies respectively on the path to open data.
A draft of the Trans-Pacific Partnership's "Intellectual Property" chapter from May 11, 2015 has recently been leaked to journalists. This is the fourth leak of the chapter following earlier drafts of October 2014, August 2013, and February 2011. The latest leak is not available online and we don't have a copy of it—but we have been briefed on its contents.
Most mornings, I wake up, turn on my computer, and check to see if there are any new threats to digital rights. Perhaps a new surveillance program has been revealed, or a bill to censor the Internet has been introduced, or there’s a privacy policy change to a major social network that will affect millions of people's privacy. When a major threat is on the horizon, I’ll check in with the other activists at EFF, and we’ll formulate a game plan for our response. Since I’m leading the team, I’m more of an editor than a blogger on the front lines of the digital rights fight. But I still wade into the fray every week or so, helping articulate the civil liberties impact of some obscure technical issue or proposed surveillance law.
When there isn’t a breaking threat, we focus on long-term writing, education, and strategizing projects.
EFF has joined 46 organizations and 105 individuals to oppose a new domain registration proposal in front of the Internet Corporation for Assignment of Names and Numbers (ICANN). From Academy Award-winning documentary film director Laura Poitras to the National Council of Women's Organizations to Chayn, an organization that works to combat domestic violence in Pakistan, the vast array of organizations and individuals signed on to this letter reflects just how misguided this proposal is. We hope ICANN will reject the flawed proposal, which comes from a smaller ICANN Working Group, especially in light of this unified opposition.
The FBI wants to ensure everyday people can't use strong encryption. For over nine months FBI Director James Comey has been pushing the FBI's twenty-year-old talking points about why he wants to reduce the security in your devices, rather than help you increase it. Director Comey will appear at two hearings about cryptography on July 8: The first in front of the Senate Judiciary Committee, followed by another in front of the Senate Intelligence Committee.
Last week negotiators from around the world came together as the World Intellectual Property Organization's (WIPO) standing committee on copyright (SCCR) resumed consideration of its two current work items: the on-again, off-again broadcasters' rights treaty, and the harmonization of minimum copyright limitations and exceptions for libraries, archives, and education.
The digital security community has been reacting this week to leaked documents from italian surveillance company Hacking Team. The documents, which include lists of contracts and sales pitches to some of the worst authoritarian regimes and countries with weak democracies, show a global industry of sales to states of software that can invade and spy on personal computers and mobile devices almost without limit. Buried in that data was information that reveals a disturbing trade in such technology across Latin America. EFF, Derechos Digitales, Fundacion Karisma, R3D and our colleagues in the region have issued a statement to Latin American governments, demanding more transparency on how Latin American states are using -- or misusing -- spyware like that sold by Hacking Team.
La comunidad de seguridad digital ha estado reaccionando esta semana a documentos filtrados de la empresa de vigilancia italiana Hacking Team. Los materiales, que incluyen listas de contratos y propuestas de venta a algunos de los peores regímenes autoritarios y a países con débiles democracias, muestran una industria global de ventas de software a los estados que pueden, casi sin límite, invadir y espiar los ordenadores personales y dispositivos móviles.
We're just days away from celebrating EFF's 25th anniversary in San Francisco on Thursday, July 16. The day will start with a minicon examining the past, present, and future of digital rights and end with a great party. We hope you can join us!

This week’s document leak from surveillance software vendor Hacking Team provided new details on the burgeoning growth of a private surveillance industry which has spread globally without any meaningful oversight. While revealing many new and concerning aspects of Hacking Team’s activities, it also confirmed a number of theories we’ve long suspected about their operations.
Too often, media and policymakers take seriously the claim of government officials that secret trade deals like the Trans-Pacific Partnership (TPP) promote and protect “Internet freedom,” even though the traditional guardians of Internet freedom—users and innovators who rely on it—have said precisely the opposite. Unfortunately, that’s likely because some large tech companies have joined the negotiations and have implicitly given these deals their blessing. Now that they're at the table, companies that once stood with users have gone silent, while others now emphatically support TPP and President Obama’s effort to push the agreement through without appropriate public review. We’re disappointed to lose their support, but that’s not the biggest problem. Our policymakers need to get one thing straight: Big tech companies do not speak for the Internet.
Update: More good news this morning as two more of the Zone 9 bloggers—Mahlet Fantahun and Edom Kassaye—were released along with Reeyot Alemu, an Ethiopian journalist who was jailed in June 2011 on terrorism charges. However Befeqadu Hailu, Natnael Feleke, Atnaf Berahane and Abel Wabela remain in prison. We will continue to provide updates on this story and advocate for their release.
Last Wednesday, The Intercept published an expose on the NSA's XKeyscore program. Along with information on the breadth and scale of the NSA's metadata collection, The Intercept revealed how the NSA relies on unencrypted cookie data to identify users. As The Intercept says:
"The NSA’s ability to piggyback off of private companies’ tracking of their own users is a vital instrument that allows the agency to trace the data it collects to individual users. It makes no difference if visitors switch to public Wi-Fi networks or connect to VPNs to change their IP addresses: the tracking cookie will follow them around as long as they are using the same web browser and fail to clear their cookies."
Despite all of the evidence to the contrary, FBI Director Comey wants you to know that he doesn't want another crypto war. As he said today in hearings before the Senate Judiciary Committee and Senate Select Committee on Intelligence (SSCI), he just wants a discussion. Of course, it's hard to have a discussion when you're not listening to anyone else.
Last week, the New Zealand Parliament passed the Harmful Digital Communications (HDC) Act. The act was conceived over three years ago as an initiative to address online bullying among young New Zealanders. Since then, prompted by subsequent highly visible online scandals in the country, its scope widened dramatically. The final act takes on nothing less than all content on the Internet that might be deemed harmful.
The Electronic Frontier Foundation welcomes the appointment of Mr. Joseph Cannataci as the first-ever UN Special Rapporteur on the Right to Privacy. The President of the UN Human Rights Council (HRC) appointed Mr. Cannataci last week following the March 2015 HRC resolution that called to appoint a new Special Rapporteur on the Right to Privacy for a period of three years.
Today the European Parliament adopted an important resolution on Harmonisation of certain aspects of copyright and related rights [PDF]. The final document is the end product of the fearless work of Julia Reda MEP, rapporteur to the Parliament's Legal Affairs (JURI) committee, who wrote the original draft on which the resolution was based in a consultative process with users. Some annoying compromises had already crept in when the report made its way through the JURI committee, and these lessened the force of the report although without completely destroying it.
Like so many of his friends and colleagues across the world, we were shocked and saddened to hear of the death of Caspar Bowden, the British privacy activist and co-founder of the Foundation for Information Policy Research (FIPR).
Among a community filled with perceptive advocates for a better future, Caspar Bowden stood out as one of the most prescient and the most determined. With a far-reaching knowledge of both policy and technology, he was frequently years ahead of his contemporaries in identifying upcoming issues, and never hesitated to transform his own life and career to better meet those challenges.
If you operate your own website, be glad that you don't host it in South Korea (or if you do, you might want to rethink that). Whereas in the United States, an important law called CDA 230 protects you from liability for comments contributed by users to your website, South Korea has some of the toughest liability rules in the world that can leave intermediaries such as website owners carrying the can for content they didn't even know about.
First, they are required to remove content for a minimum of 30 days on receipt of a complaint, without it being assessed by a court or judge—under the U.S. DMCA a similar obligation applies only to complaints of copyright infringement, but in South Korea it applies to other speech such as alleged defamation, and the takedown obligation is imposed independently, rather than merely as a method of gaining safe harbor from potential liability.
A raíz de las filtraciones que desde el pasado 6 de julio ponen en tela de juicio la venta de software de espionaje de la empresa italiana Hacking Team S.r.l. a agencias gubernamentales de inteligencia de todo el mundo, y particularmente América Latina, organizaciones no gubernamentales defensoras de los derechos digitales han dado a conocer sus preocupaciones al respecto.
Shortly after Microsoft Bing launched in 2009, researchers at the Berkman Center for Internet & Society found that the search engine was enforcing “safe search” in a number of countries, including across the whole of the Middle East and North Africa (or as Microsoft erroneously called the region at the time, the “Arabian countries”). In a paper entitled Sex, Social Mores and Keyword Filtering: Microsoft Bing in “Arabian Countries” [PDF], the researchers claimed that Microsoft was filtering “Arabic and English keywords that could yield sex- or LGBT-related images and content.”1 As a result of the paper, Microsoft pulled back the censorship in certain places and corrected their laughable mislabeling of the region.
Nominations are now open for EFF's 24th Annual Pioneer Awards, to be presented this fall in San Francisco. EFF established the Pioneer Awards in 1992 to recognize leaders who are extending freedom and innovation in the realm of information technology. Nominations are open until 11:59 pm PDT on Sunday, July 19. Nominate the next Pioneer Award winner today!
The powerful interests who shape the development of rules for the Internet have far more resources at their disposal than those who fight for users' rights and freedoms online. As such, they are exceptionally well organized, and you can guarantee for every one of their initiatives that reaches the public spotlight, they have several parallel backup plans that may slip past the radar.
“Kenya to require users of public Wi-Fi to register with government,” reads a July 1 Ars Technica headline. At first glance, the east African country’s proposed regulations appeared to extend their reach beyond even that broad subset of Kenyan Internet users. According to quotes from officials included in the article, the new rules would require all users of any device with wireless networking capabilities, not just public Wi-Fi routers, to register their equipment with either their Internet service providers or the Kenya Network Information Centre (KENIC).
Even correcting for what seems to be overbroad interpretation of the final regulations, Kenya's plans risk invading the privacy of the majority of its non-mobile Internet users, as well as chasing legitimate anonymous speakers from the country's Internet.
Striking a blow against the continuing effort to force service providers to serve as IP police, CloudFlare and EFF have pushed back against a court order that would have required CloudFlare to monitor its service to enforce a trademark held by a group of music labels. Last week, Judge Alison J. Nathan of the U.S. District Court for the Southern District of New York ruled that CloudFlare does not have to search out and block customers who use variations on the name “grooveshark.” Instead, CloudFlare must take action only if it has “knowledge of an infringement” (for example, when the labels send a takedown notice). Given that this is essentially what US law already requires, Judge Nathan’s order puts paid to the latest strategy to institute trademark- and copyright-related filtering – at least in this case.
Buenos Aires is currently in the middle of electing its mayor and city council. With a first round that took place on July 5th, and a second round due on July 19th, the election is the first time Argentina's capital city has used an electronic voting system called Vot.ar, created by local company Magic Software Argentina (MSA).
La ciudad de Buenos Aires está en proceso de elegir a su próximo Jefe de Gobierno y a los miembros de la Legislatura. Las elecciones fueron el pasado 5 de julio, cuyos resultados derivaron a una segunda vuelta programada para el 19 del corriente, al mismo tiempo, debutó en la capital Argentina un sistema de votación electrónica denominado Vot.ar, desarrollado por la compañía Magic Software Argentina (MSA).
Over 21 million Americans have just had a taste of the federal government's weak computer security. The recent U.S.
We’ve seen an all-out assault on the side of the opposition to kill the House’s Innovation Act and the Senate’s PATENT Act. As a result, patent reform stands on shaky ground in Congress.
A common trend has emerged in the anti-reform camp’s rhetoric, though: lies, fabrications, and untruths. We’re frustrated in seeing these myths arise time and again, and we’re going to make an effort to dispel them.
For example, an email sent earlier this week to small businesses in the high-tech space in Connecticut urged owners to oppose the Innovation Act. Much of the email matches the general opposition’s rhetoric, and, well, it’s just plain wrong:
Recent reports from Congress suggest that patent reform might be taken off the table for the summer. This bad news arrives at the same time as a new study showing that patent trolls are more active than ever before. Opponents of reform are trying derail efforts to tackle trolls by insisting that any legislation must include unnecessary changes to procedures for challenging patents the the Patent Office. We urge Congress to remain focused on the real problem of patent litigation abuse.
Back in the fall of 2011, some undergraduates at Yale created a cool class project. As part of their law and technology class, Bay Gross and Charlie Croom built a website and game that allowed Facebook users to discover how many of their “friends” they really know. The site, still available at whatsherface-book.com, asked people to reflect upon how much personal information they share with strangers or distant acquaintances. This June, Facebook sent Gross a message claiming that the site infringed its trademark and demanding it be taken down. EFF has responded on behalf of Gross.
We like to think that this week, democracy got a little better.
A few days ago, we launched Democracy.io, a tool that lets people send an email to their congressional representatives, on any topic they wish, through one super-simple interface.
Right now, there are many paid advocacy tools that professional activism organizations can use to make sure their members’ voices are heard in Congress. But what about everyday people? If an individual person is concerned about a bill, or wishes Congress would take up some issue, there aren’t many tools available to help them communicate that desire to lawmakers. Instead, they have to hunt down individual congressional websites and fill out three different forms (two for their senators, one for their representative).
Thank you to those who celebrated with us at EFF's 25th anniversary party and minicon! It was a lovely day full of remembering the important fights of the past 25 years and planning how to face the threats of the next 25. Both the minicon and the party were well-attended, informative, and so much fun. We at EFF are so grateful to those who attended, those who followed along at home, those who gave to the EFF25 member drive, and the many of you who have made our 25 years possible.

UPDATE: The Lideta Federal High Court today rejected evidence submitted by Zelalem and his colleagues and postponed a verdict in their case until August 21. The defendants had to appear in court without legal representation, since their lawyer had his license revoked by the Ministry of Justice last week. The rejection suggests the Court is likely to accept the prosecutor's evidence, which was gathered after the defendants were taken into custody. If found guilty, they may appeal their sentence.
The simple act of taking steps to protect oneself online is enough to send a journalist to jail, according to charges issued by Ethiopian prosecutors in several cases to be heard this week. An Ethiopian court will soon hand down verdicts in a number of cases where criminal charges could be assessed for attending or applying to attend Internet security training.
Lots of our TV-watching comes over the Internet today. Series programming, reality shows, movies, and even sports are available through Internet-based subscription services—nearly everything except for broadcast TV. That’s because many broadcast stations, whose signals go out over the public airwaves for all to receive, have fought tooth and nail in the courts to keep their signals off of the Internet. Internet subscription services like ivi, FilmOn, and Aereo that agreed to follow the same rules, and pay the same copyright royalties, as traditional cable systems have up to now been denied.
Have you recently received a patent demand letter or been hit by a lawsuit from either “Shipping and Transit, LLC” or “Electronic Communication Technologies, LLC”? Despite their current SEO-unfriendly names that make it difficult to find information, we want you to know that there’s lots of information out there related to these trolls, just under different names.
It is important that those on the receiving end of these trolls’ patent demands can find the resources they need. To that end, more information useful against both of these trolls can be found by searching for ArrivalStar (instead of “Shipping and Transit, LLC”) or Eclipse IP (instead of “Electronic Communication Technologies LLC”). And even though the names are different, the documents linked below show that for practical purposes the new trolls are closely related to the old trolls.
In 2011, Malaysian Prime Minister Najib Razak promised that Malaysia would never censor the Internet. Speaking at the first Malaysian—ASEAN Regional Bloggers Conference, Najib said: “I have no doubts whatsoever that Malaysia has one of the liveliest blogospheres in the world. And definitely one of the freest if not the most free…[former Prime Minister Dr. Mahathir Mohamad] made the promise to the world that Malaysia would never censor the Internet. My government is fully committed to that wisdom. We intend to keep his word.”
Four years later, beleaguered by allegations that $700 million in funds were suspiciously transferred from a Malaysian state investment fund into his personal bank account, Najib went back on that promise.
EFF has long advocated for greater vigilance over the potential sale of specially-developed surveillance tools to oppressive regimes that use technology to commit human rights abuses. We want those countries to be held legally accountable for such conduct, and have rallied tech companies to take steps to prevent their products and services from being used for censorship and/or to target and harm activists.
Security researchers Charlie Miller and Chris Valasek have once again exposed automobile security flaws that allow attackers to take over a vehicle’s crucial systems. In their latest work, they learned how an attacker could remotely control a car over the Internet.
Vehicle manufacturers dismissed prior warnings about flawed security by claiming [PDF] that the exploits relied on physical access to the car. But it has long been known that vehicles’ wireless systems (such as Bluetooth) contain vulnerabilities that would allow a malicious hacker to gain access to critical vehicle functions.
Our Last Stand Against Undemocratic International Agreements That Ratchet up Term Lengths and Devastate the Public Domain
Few arguments around copyright are as self-evidently fact-free as the length of its term. Defying economic reasoning, the astonishingly long period of restrictions has only grown over the years, and frequently the newer, longer terms have been retroactively applied to earlier works. The argument against term extension, and retroactive term extension in particular, is so obvious that the Nobel Prize winning economist Milton Friedman reportedly agreed to sign a Supreme Court brief opposing the most recent extension only on the condition that it used the word “no-brainer.”
[Update 7/30/2015: The German authorities have now confirmed that Netzpolitik is being investigated under suspicion of treason. See our follow-up post for more details.]
There's a reason “librarians everywhere” were singled out for an EFF Pioneer award in 2000. Time and again, in fights against censorship and intrusive surveillance laws, librarians have been allies of the public, serving as the institutional representation of the ideals of intellectual freedom, unfettered speech, and reader privacy.
It's been an exciting summer for the Library of Congress. Last month, the Librarian Dr. James Billington announced he would soon be stepping down, vacating a seat he's held for some 28 years. That announcement came hot on the heels of a new legislative proposal—the nigh-ungooglable CODE Act, which stands for “Copyright Office for the Digital Economy”—to spin the Copyright Office out of the Library and into its own independent agency.
Correction: Although the information that we had to hand at the time of this article suggested that the law took effect from January 1962, section 137A of the Act as subsequently published online clearly indicates a commencement date of January 2012. This means that the law is only retrospective for three years, not for 53 years. We apologize for the error. Our article remains in its original form below.
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!
- 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 2013-2016 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
- Offline : Imprisoned Bloggers and Technologists
- 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
- Student Privacy
- 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