Press Releases: October 2015
Exemption Requests Also Approved for Tweaking Abandoned Videogames, Jailbreaking Phones and Tablets, and Remixing Videos
Washington, D.C. - The Librarian of Congress has granted security researchers and others the right to inspect and modify the software in their cars and other vehicles, despite protests from vehicle manufacturers. The Electronic Frontier Foundation (EFF) filed the request for software access as part of the complex, triennial rulemaking process that determines exemptions from Section 1201 of the Digital Millennium Copyright Act (DMCA).
Because Section 1201 prohibits unlocking “access controls” on the software, car companies have been able to threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason. While the copyright office removed this legal cloud from much car software research, it also delayed implementation of the exemption for one year.
“This ‘access control’ rule is supposed to protect against unlawful copying,” said EFF Staff Attorney Kit Walsh. “But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code. We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.”
EFF also won an exemption for users who want to play video games after the publisher cuts off support. For example, some players may need to modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down. The Librarian also granted EFF’s petition to renew a previous exemption to jailbreak smartphones, and extended that to other mobile devices, including tablets and smartwatches. This clarifies the law around jailbreaking, making clear that users are allowed to run operating systems and applications from any source, not just those approved by the manufacturer. EFF also won the renewal and partial expansion of the exemptions for remix videos that use excerpts from DVDs, Blu-Ray discs, or downloading services.
“We’re pleased that the Librarian of Congress and the Copyright Office have expanded these legal protections to users of newer products like tablets, wearable computers, and Blu-Ray discs,” said EFF Senior Staff Attorney Mitch Stoltz.
Today’s ruling is a victory for users, artists, and researchers. However, the laborious process required to remove a legal cloud over clear fair uses highlights the need for fundamental reforms.
“It’s absurd that we have to spend so much time, every three years, filing and defending these petitions to the copyright office. Technologists, artists, and fans should not have to get permission from the government—and rely on the contradictory and often nonsensical rulings—before investigating whether their car is lying to them or using their phone however they want,” said EFF Legal Director Corynne McSherry. “But despite this ridiculous system, we are glad for our victories here, and that basic rights to modify, research, and tinker have been protected.”
EFF's remix petition was drafted and co-submitted with the Organization for Transformative Works. EFF’s remaining petitions received invaluable assistance from the NYU Technology Law & Policy Clinic, attorney Marcia Hofmann, and former EFF intern Kendra Albert.
For the full ruling from the Library of Congress:
http://copyright.gov/1201/2015/fedreg-publicinspectionFR.pdf
For more on the DMCA rulemaking:
https://www.eff.org/cases/2015-dmca-rulemaking
Contact:
EFF Battles Against Government Stalling in Jewel v. NSA
Pasadena, CA - The Electronic Frontier Foundation (EFF) will urge an appeals court Wednesday to reject the government’s attempts to block an appeal in Jewel v. NSA, EFF’s long-running lawsuit battling unconstitutional mass surveillance of Internet and phone communications. The hearing is set for 2:00 pm on October 28 before the United States Court of Appeals for the Ninth Circuit in Pasadena, California.
At issue in the appeal is the NSA’s tapping into the fiber optic cables of America’s telecommunications companies—a digital dragnet that subjects millions of ordinary people to government spying on their online activities. A mountain of evidence from whistleblowers and the government itself confirms the Internet backbone spying, yet a district court judge ruled earlier this year that there wasn’t enough publicly available information to rule if the program is constitutional.
EFF appealed to the Ninth Circuit, but the government claims that the appeal is premature and entwined with other issues that are still being litigated in the lower court. EFF Special Counsel Richard Wiebe will argue Wednesday that the appeals court should reject the government’s delay tactics, and finally address whether backbone spying is legal and constitutional.
What:
Jewel v. NSA
Who:
EFF Special Counsel Richard Wiebe
When:
Wednesday, Oct. 28
2:00 pm
Where:
Richard H. Chambers US Court of Appeals
Courtroom 1
125 South Grand Avenue
Pasadena, CA 91105
Contact:
Groups Appeal Lower Court Ruling Finding Police Agencies Don’t Have To Disclose Records
San Francisco—The Electronic Frontier Foundation (EFF) and the ACLU Foundation of Southern California (ACLU SoCal) are urging California’s highest court to rule that license plate data, collected indiscriminately on millions of drivers by police across the state, are not investigative records and should be made available to the public.
EFF and ACLU SoCal argued in a brief filed today with the California Supreme Court that citizens need access to automated license plate reader (ALPR) records to understand exactly how this intrusive technology is used.
ALPRs are high-speed cameras mounted on light poles and police cars that continuously scan the plates of every passing car. They collect not only the license plate number but also the time, date, and location of each plate scanned, along with a photograph of the vehicle and sometimes its occupants. The Los Angeles Police Department (LAPD) and the Los Angeles County Sheriff's Department (LASD) collect, on average, three million plate scans every week and have amassed a database of half a billion records.
EFF filed public records requests for a week’s worth of ALPR data from the agencies and, along with ACLU SoCal, sued after both refused to release the records.
EFF and ACLU SoCal are now asking the state supreme court to overturn a ruling in the case from a lower court that said all license plate data—collected indiscriminately and without suspicion that the vehicle or driver was involved in a crime—could be withheld from disclosure as “records of law enforcement investigations.”
“That argument is tantamount to saying all drivers in Los Angeles are under criminal investigation at all times,’’ said EFF Senior Staff Attorney Jennifer Lynch. “The ruling sets a troubling standard that would not just allow these agencies to keep ALPR data from the public but could also allow the police to keep data and footage from other surveillance technologies—from body cameras to drones to face recognition—from ever being scrutinized.”
“Drivers would be surprised to learn that they are under investigation every time they drive in public,” said Peter Bibring, director of police practices at the ACLU SoCal. “The Fourth Amendment was added to the U.S. Constitution exactly to prevent law enforcement from conducting mass, suspicionless investigations under ‘general warrants’ that target no specific person or place and never expire.”
Contact:
Jennifer Lynch
Senior Staff Attorney
Electronic Frontier Foundation
jlynch@eff.org
Sandra Hernandez
Director of Communications
ACLU of Southern California
+1 213-977-9500 x247
Police Should Not Have Unfettered Access To Patients’ Sensitive Prescription Drug Records
San Francisco—The Electronic Frontier Foundation (EFF) is urging the California Supreme Court to rule that law enforcement agents need a warrant to search records revealing which Californians were prescribed controlled substances to treat conditions such as anxiety, pain, attention disorders, and insomnia.
In an amicus brief filed today, EFF told the state’s highest court that law enforcement agencies should be required to seek a judge’s approval to access such records. Controlled substance prescription records contain highly sensitive information about patients’ medical history and should be afforded the same degree of privacy as any other medical records.
“Patients are prescribed controlled substances to treat post-traumatic stress disorder, ADHD, and extreme pain from surgeries. They should be secure that no one but their medical professionals can access that information without a judge’s approval,” said EFF Frank Stanton Legal Fellow Jamie Williams. “Granting law enforcement unfettered access to prescription drugs records violates the Fourth Amendment and the California Constitution and puts the privacy of all Californians at risk.”
In the case Lewis v. Superior Court (Medical Board of California), a doctor sued the medical board for accessing his patients’ prescription records from the Controlled Substance Utilization Review and Evaluation System (CURES) database without a warrant or any suspicion of patient wrongdoing.
A state court in Los Angeles found that the patients’ privacy rights hadn’t been violated. An appeals court agreed, holding that patients can’t expect prescription records to be as private as medical records because they know, or should know, that California monitors the flow of controlled substances.
“The California Supreme Court should overrule the decision to downgrade patients’ expectation of privacy over controlled substance prescription records,’’ said EFF Senior Staff Attorney Lee Tien. “The court should require law enforcement to obtain a warrant supported by probable cause to access these sensitive records.”
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Wednesday Hearing On EFF Demand to Disclose Export Applications for Surveillance Technology
Stanford, California—On Wednesday, October 21, at 12:45 pm, the Electronic Frontier Foundation (EFF) will urge a federal appeals court to order the U.S. government to disclose information about its role in facilitating exports of American-made surveillance tools to foreign nations.
The hearing is part of a Freedom of Information Act (FOIA) lawsuit against the U.S. Commerce Department, which denied a request seeking disclosure of export applications for surveillance technologies. The agency has argued that it could withhold the documents under a 1979 law—even though that law expired in 2001. In July 2013, a federal judge agreed with EFF, finding the lapsed law did not justify withholding the information. He ordered the records disclosed, and the government appealed that decision.
At Wednesday’s hearing, EFF Staff Attorney Mark Rumold will argue that the government can’t resurrect dead laws to keep information from the public. “EFF’s FOIA request would shed light on the role our government plays when technology companies export spying equipment to nations that don’t respect human rights. The government can’t rely on a law that expired almost 15 years ago to hide this critical information from the public,’’ said Rumold.
The hearing is being held at Stanford Law School in a special sitting of the U.S. Court of Appeals for the Ninth Circuit.
What:
EFF v. U.S. Department of Commerce
When:
Wednesday, Oct. 21
12:45 pm
Where:
Stanford Law School
Room 80 Moot Courtroom
559 Nathan Abbott Way
Stanford, CA 94305
For more on this case:
https://eff.org/cases/eff-v-us-department-commerce