EFFector 23.20: EFF Wins New Legal Protections for Cell Phone Jailbreakers, Unlockers, and Video Artists!
> EFFector Vol. 23, No. 20 July 26, 2010 editor@eff.org>
> A Publication of the Electronic Frontier Foundation
> ISSN 1062-9424
>
> effector: n, Computer Sci. A device for producing a
> desired change.
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> In our 542nd issue:
>
> * EFF SECURES HUGE WIN FOR INNOVATION, FREE EXPRESSION AND
> CREATIVITY!!
>
> EFF won three critical exemptions to the Digital Millennium
> Copyright Act (DMCA) anticircumvention provisions, carving
> out new legal protections for consumers who modify their
> cell phones and artists who remix videos -- people who,
> until now, could have been sued for their non-infringing or
> fair use activities.
>
> "By granting all of EFF's applications, the Copyright
> Office and Librarian of Congress have taken three important
> steps to mitigate some of the harms caused by the DMCA,"
> said Jennifer Granick, EFF's Civil Liberties Director. "We
> are thrilled to have helped free jailbreakers, unlockers
> and vidders from this law's overbroad reach."
>
> For the full press release and link to the order:
> https://www.eff.org/press/archives/2010/07/26
>
> For the full rulemaking order:
> https://www.eff.org/files/filenode/dmca_2009/RM-2008-8.pdf
>
> To learn more about DMCA rulemaking:
> http://www.eff.org/issues/dmca-rulemaking
>
> * EFF AT BLACKHAT AND DEFCON
>
> Join EFF this week in Las Vegas at Black Hat USA 2010 and
> DEF CON 18. There is still time to register, and EFF
> supporters receive a 25% discount on Black Hat
> registration.
>
> For more information on where to find EFF, go to:
>
> https://www.eff.org/deeplinks/2010/07/eff-black-hat-and-def-con
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> EFF Updates
>
> * Recording Industry Giant Tries to Undermine 'Safe Harbor'
> Rules For
> Online Video Sites
> EFF and a coalition of nonprofit groups have asked a
> federal appeals court to protect the "safe harbor" rules
> for online video service providers that encourage free
> expression and innovation on the Internet.
>
> https://www.eff.org/press/archives/2010/07/26-0
>
> * Court: Violating Terms of Service Is Not a Crime, But
> Bypassing Technical Barriers Might Be
> Good news: another federal judge has ruled that violating a
> website's terms of service is not a crime. But there's bad
> news, too -- the court also found that bypassing technical
> or code-based barriers intended to limit access to or uses
> of a website may violate California's computer crime law.
>
> https://www.eff.org/deeplinks/2010/07/court-violating-terms-service-not-crime...
>
> * Real ID Online? New Federal Online Identity Plan Raises
> Privacy and Free Speech Concerns
> The White House released a draft of a troubling plan that
> would require pervasive, authenticated digital IDs while
> barely mentioning the unprecedented threat such a scheme
> would pose to privacy and free speech online.
>
> https://www.eff.org/deeplinks/2010/07/real-id-online-new-federal-online-ident...
>
> * Court Fails to Protect Privacy of Whistleblower's Email
> Relying on a legal doctrine called qualified immunity, the
> Eleventh Circuit Court of Appeals held that a
> whistleblower's privacy interest in his email messages
> stored at his ISP was not "clearly established," and
> therefore his claim against a prosecutor who used a sham
> grand jury subpoena to obtain those emails could not
> proceed.
>
> https://www.eff.org/deeplinks/2010/07/court-corrects-bad-email-privacy-decisi...
>
> * San Mateo D.A. Withdraws Controversial Gizmodo iPhone
> Warrant
> San Mateo Superior Court Judge Clifford Cretan granted an
> application by the San Mateo County D.A.'s office to
> withdraw the controversial warrant it obtained to search
> the house of Gizmodo.com journalist Jason Chen.
>
> https://www.eff.org/deeplinks/2010/07/san-mateo-da-withdraws-gizmodo-iphone-w...
>
> * EU Authorities: Implementation of Net Surveillance
> Directive Is Unlawful
> In a landmark announcement, data protection officials
> across the European Union found that the way EU Member
> States implemented the data retention obligations in the
> 2006 EU Data Retention Directive was unlawful.
>
> https://www.eff.org/deeplinks/2010/07/eu-authorities
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> miniLinks
>
> ~ Washington Post Series: Top Secret America
> In a 3-part series, the Washington Post examined the growth
> of the intelligence community over the last decade: "A
> hidden world, growing beyond control."
> http://projects.washingtonpost.com/top-secret-america/
>
> ~ Could the EU Walk Away From ACTA?
> Michael Geist on the growing rift between the US and the EU
> on ACTA's details.
> http://www.michaelgeist.ca/content/view/5224/125
>
> ~ The BookLiberator Project
> BookLiberator is a newly-announced set of open-source
> software and hardware to digitize books.
> http://bookliberator.com/doku.php
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> Announcements
>
> *EFF at Open Science Summit in Berkeley
>
> Join us at the first Open Science Summit, an attempt to
> gather all stakeholders who want to liberate our scientific and
> technological commons to enable a new era of decentralized,
> distributed
> innovation to solve humanity's greatest challenges. EFF Staff
> Activist
> Richard Esguerra will be on hand at the EFF table to discuss our
> latest work.
>
> Open Science Summit
>
> When:
> Thursday, July 29, 2010 at 4:00 PM through Saturday, July
> 31, 2010 at
> 10:00 PM
>
> Where:
> International House
> University of California, Berkeley
> 2299 Piedmont Avenue
> Berkeley, CA 94720-2320
>
> FMI and Registration:
> http://opensciencesummit.com
>
> * Nominate a Pioneer for EFF's 2010 Pioneer Awards!
>
> EFF established the Pioneer Awards to recognize
> leaders on the electronic frontier who are extending
> freedom and innovation in the realm of information
> technology. This is your opportunity to nominate a
> deserving individual or group to receive a Pioneer Award
> for 2010. The International Pioneer Awards nominations
> are open to individuals and organizations from any
> country. Nominations are reviewed by a panel of judges
> chosen for their knowledge of the technical, legal,
> and social issues associated with information technology.
>
> https://www.eff.org/awards/pioneer/
>
> How to Nominate Someone for a 2010 Pioneer Award:
> You may submit as many nominations as you wish! This year
> we've made it possible for you to nominate someone
> using our online nomination form. We also welcome
> nominations via email, but please use one form or email
> per nomination. If emailing entries, please submit your
> entries via email to pioneer@eff.org. We will accept
> nominations until August 9, 2010.
>
> Simply tell us:
> 1. The name of the nominee,
> 2. The phone number, email address or website by which
> the nominee can be reached, and, most important,
> 3. Why you feel the nominee deserves the award.
>
> Nominee Criteria:
> There are no specific categories for the EFF Pioneer
> Awards, but the following guidelines apply:
>
> 1. The nominees must have contributed substantially
> to the health, growth, accessibility, or freedom of
> computer-based communications.
>
> 2. To be valid, all nominations must contain your
> reason, however brief, for nominating the individual or
> organization and a means of contacting the nominee. In
> addition, while anonymous nominations will be accepted,
> ideally we'd like to contact the nominating parties in
> case we need further information.
>
> 3. The contribution may be technical, social, economic,
> or cultural.
>
> 4. Nominations may be of individuals, systems, or
> organizations in the private or public sectors.
>
> 5. Anyone may nominate a potential Pioneer Award
> recipient, and you may nominate more than one
> recipient. You may also nominate yourself or your
> organization. Please send separate email messages for
> each nominee.
>
> 6. Anyone can receive a Pioneer Award except:
> - current members of EFF's staff
> - current members of EFF's operating board
> - current Pioneer Award judges
> - past Pioneer Award recipients
>
> 7. Persons or representatives of organizations receiving
> an EFF Pioneer Award will be invited to attend the
> ceremony at EFF's expense.
>
> More on the EFF Pioneer Awards:
> https://www.eff.org/awards/pioneer/
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * Dream Job Alert! EFF is looking to fill the following
> position:
>
> ~ Senior Copyright Lawyer
>
> The Electronic Frontier Foundation (EFF) is seeking a
> senior-level copyright attorney. Responsibilities will
> include litigation, public speaking, blogging, media
> outreach, and legislative and regulatory matters related
> to a variety of high technology legal issues.
>
> Qualified candidates will have at least five years
> of experience working in copyright law, including an
> in-depth knowledge of the Digital Millennium Copyright Act
> (DMCA) sections 512 and 1201. Candidates should also have
> significant experience in at least one of the following
> specialties: trademark law, trade secret law, and/or
> patent law. Litigation experience is required, including
> significant experience managing both overall case strategy
> and day-to-day projects and deadlines. Candidates should
> have good communication skills and an interest in working
> with a team of highly motivated lawyers and activists
> in a hard-working nonprofit environment. Strong writing
> and analytical skills, as well as the ability to be
> self-motivated and focused, are essential. Tech savviness
> and a familiarity with Internet civil liberties and high
> tech public interest issues is strongly preferred. This
> position is based in San Francisco.
>
> Interested applicants should submit a resume and
> references to ipjob@eff.org.
>
> : . : . : . : . : . : . : . : . : . : . : . : . : . : . :
>
> * Administrivia
>
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> https://www.eff.org/
>
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> lori@eff.org
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