EFFector 22.21: EFF Demands Intelligence Agencies' Reports About Possible Misconduct EFFector Vol. 22, No. 21 July 23, 2009 editor@eff.org A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 513th issue: * EFF DEMANDS INTELLIGENCE AGENCIES' REPORTS ABOUT POSSIBLE MISCONDUCT. The Electronic Frontier Foundation (EFF) filed suit yesterday against the Central Intelligence Agency (CIA) and a half-dozen other federal agencies involved in intelligence gathering, demanding the immediate release of reports about potential misconduct. EFF filed suit under the Freedom of Information Act (FOIA), requesting records of intelligence agencies' reporting of activities since 2001 that might have been unlawful or contrary to presidential order. "By executive order, federal intelligence agencies must submit concerns about potentially illegal activity to the Intelligence Oversight Board and the Office of the Director of National Intelligence," said EFF Open Government Legal Fellow Nate Cardozo. "Intelligence agencies are given a wide berth for national security reasons, but at a minimum they're required to act within the limits of the law. These records hold important details about how well the Executive Branch's internal checks operate." For the full press release: https://www.eff.org/press/archives/2009/07/22 * APPLE WITHDRAWS THREATS AGAINST BLUWIKI. Apple has retracted its legal threats against public wiki hosting site Bluwiki, and, in response, EFF is dismissing its lawsuit against Apple over those threats. The skirmish involved a set of anonymously authored wiki pages in which hobbyists were discussing how to "sync" media to iPods and iPhones using music library playback software other than Apple's own iTunes. "While we are glad that Apple retracted its baseless legal threats, we are disappointed that it only came after 7 months of censorship and a lawsuit," said EFF Senior Staff Attorney Fred von Lohmann. For the full press release: https://www.eff.org/press/archives/2009/07/22-0 For EFF's Deeplink blog post: https://www.eff.org/deeplinks/2009/07/apple-backs-down-blu * EFF RELEASES 'SURVEILLANCE SELF-DEFENSE INTERNATIONAL' FOR IRANIAN DISSIDENTS AND OTHER PROTESTORS. Earlier this week,EFF released "Surveillance Self-Defense International" (SSDI), a practical guide to help activists from around the world use the Internet safely under repressive regimes. Recent political protests in Iran, China, and elsewhere have demonstrated the enormous power of the Internet for organizing protests and reporting events to the world. But governments have also used the Internet to track, harass, and undermine. SSDI urges activists to consider the risks in using various technologies and outlines strategies that can allow protestors to continue to use the Internet safely. For the full press release: https://www.eff.org/press/archives/2009/07/21 For the SSDI white paper: https://www.eff.org/wp/surveillance-self-defense-international * HEARING IN FIGHT TO SILENCE GOVERNMENT WARRANTLESS WIRETAPPING CASE. A federal judge in San Francisco heard arguments on the government's motion to dismiss Jewel v. NSA, EFF's case challenging dragnet government surveillance of millions of ordinary Americans. The Justice Department moved to dismiss the case in April, arguing that litigation over the warrantless wiretapping program would require the government to disclose privileged "state secrets" -- essentially repeating the arguments made by the Bush Administration in its attempts to block lawsuits over the illegal spying. The Justice Department also claims that the U.S. possesses "sovereign immunity" and cannot be held accountable for illegal surveillance under any federal statutes. For the full press release: https://www.eff.org/press/archives/2009/07/13 For EFF's Deeplink blog post: https://www.eff.org/deeplinks/2009/07/news-round-jewel-v-n For the SF Chronicle's editorial on the case: https://www.eff.org/deeplinks/2009/07/sf-chronicle-obama-p : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * President Lula and the Brazilian Cybercrime Bill. Brazilian President Luiz Inacio Da Silva, popularly known as Lula, announced his opposition to the controversial Azeredo bill, a proposed cybercrime bill with broad provisions that could criminalize commonplace and trivial behavior. Lula fell short of promising to exercise his presidential veto, but it's clear that he got the message that Brazil's Internet users don't want or need this law and its dangerous repercussions. https://www.eff.org/deeplinks/2009/07/lula-and-cybercrime * Orwell in 2009: Dystopian Rights Management. David Pogue reports in the New York Times that books published by MobileReference, including Orwell's Nineteen Eighty-Four and Animal Farm, were remotely deleted from customers' Kindles overnight. Customers had their accounts credited for the value lost. Orwell would have appreciated the irony. https://www.eff.org/deeplinks/2009/07/orwell-2009-dystopia * Pay-As-You-Drive "Black Boxes" Threaten Driver Privacy. The California Department of Insurance (DOI) is considering regulations that would enable insurance prices to depend on the precise number of miles a car is driven in a given billing period. But in implementing these "Pay As You Drive" regulations, the DOI appears poised to empower insurance companies to require customers' cars to be outfitted with "black-box" devices that could transmit back to the insurance companies all sorts of data about car motion (acceleration, braking), as well as driver behavior. https://www.eff.org/deeplinks/2009/07/pay-you-drive-black- * Facebook and the Phone Companies Try to Lock Users In. Facebook is suing Power.com, a company that gives users a tool to pull copies of their own friends lists, postings and other information out of Facebook so that they can aggregate it with their other social networking platforms. Similarly, CTIA - The Wireless Association, the trade group for the mobile phone industry, is trying to prevent customers of companies like AT&T; Wireless and Sprint from taking their own phones with them when they switch providers. https://www.eff.org/deeplinks/2009/07/facebook-and-phone-lock-in * Unclassified Version of Report to Congress on NSA Program Now Available. A classified report on the National Security Agency's warrantless surveillance program was submitted to Congress on July 2. This report, given by the Inspectors General of the Justice Department, the NSA, and other agencies involved in the program, was required by the FISA Amendments Act, signed into law one year ago. An unclassified version is now available to the inquiring public. https://www.eff.org/deeplinks/2009/07/unclassified-version * Judge Overturns Lori Drew Misdemeanor Convictions. A federal district court judge threw out the misdemeanor convictions against Lori Drew after determining that the federal anti-hacking statute under which Drew was prosecuted was inapplicable. Drew was convicted by a jury in November 2008 of violating the Computer Fraud and Abuse Act (CFAA), which bars "unauthorized access" to a computer. The judge held that a violation of MySpace's terms of service did not constitute unauthorized access under the statute. https://www.eff.org/deeplinks/2009/07/judge-overturns-lori : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ NSA Cyber Overkill An LA Times op-ed questions the Obama administration's plan to use the National Security Agency to screen government computer traffic on private-sector networks. http://www.latimes.com/news/opinion/commentary/la-oe-radack14-2009jul14,0,5470671.story ~ Court Says IP Addresses Are Not Personally Identifiable Information A federal judge in Seattle has ruled that Microsoft did not violate its user agreement not to collect personally identifiable information when it collected IP addresses. http://www.mediapost.com/publications/?fa=Articles.showArticle&art;_aid=109242 ~ Apple Blocks Push on Jailbroken Phones? Is Apple intentionally blocking users with hacked or unlocked iPhones from receiving Push Notification messages? http://www.ilounge.com/index.php/news/comments/apple-blocking-push-on-hacked-unlocked-iphones/ ~ Phorm Dumped by Developers TalkTalk and BT have both decided not to use Phorm's invasive advertising technology. http://www.guardian.co.uk/business/2009/jul/06/btgroup-privacy-and-the-net ~ Report Finds That Music Fans Discover Music Online, Then Buy CDs A British survey finds that music fans still prefer CDs, and those that use online subscription services spend more. http://arstechnica.com/media/news/2009/07/report-music-fans-cling-to-cds-but-discover-music-online.ars ~ RFIDs in Official IDs Raise Fears The Washington Post covers hacker Chris Paget's work exposing the security risks of RFID technology. http://www.washingtonpost.com/wp-dyn/content/article/2009/07/12/AR2009071200705.html ~ Facebook Promises to Crack Down on Pot Dealers A medical marijuana collective has had its Facebook page shut down by the social networking site. http://www.businessinsider.com/marijuana-marketing-on-social-media-facebook-wont-allow-it-2009-7 ~ Are Iranian Authorities Using Facebook to Track Dissidents? A scary anecdote from Iran illustrates the problem with social networking sites for people living under authoritarian regimes. http://neteffect.foreignpolicy.com/posts/2009/07/10/are_iranian_authorities_more_sophisticated_than_we_think : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * EFF is IN at Black Hat USA 2008! Look for us or stop by our booth at Black Hat USA, July 25-30 in Las Vegas, the world's premier technical security conference. We'll be giving out useful legal information to assist security researchers with intellectual property and free speech issues that affect their work. We'll also be available to consult with individuals or companies who want more information about how the law might affect their current research and upcoming presentations. To make an appointment for a consultation, please email Alyssa Ralston, Development Assistant, at alyssa@eff.org, or drop by the table. * EFF at DEFCON 17 We will be at DEFCON 17, July 30-August 2 in Las Vegas. EFFers will be everywhere! Attorney Jennifer Granick will be giving a talk titled Computer Crime Year in Review: MySpace, MTBA, Boston College and More. EFF attorneys will also give talks on jailbreaking, judge Hacker Court, and take part in the Ask EFF panel. Attorneys will also be available for legal consultation. To make an appointment, please email Alyssa Ralstron, Development Assistant, at alyssa@eff.org, or drop by the table. * BayFF: Iranian Protests And Digital Media. The recent protests over the elections in Iran have shown that socialmedia can be a force for good -- and a target for misinformation and censorship. How can technologists build tools for freedom, and defend Net users across the world? Speakers include Danny O'Brian (EFF International Outreach Coordinator), Cyrus Farivar (journalist), and Austin Heap (enterprenteur/technologist). PariSoma coworking space: 1436 Howard (at 10th) in San Francisco, CA. 7-9 pm. $20 admission. * Intern Opportunity! EFF is looking for a summer intern to help in our development and media departments. This is an unpaid, full-time position. Projects will include: -Working on our annual report and contacting major donors and foundations (40% of time); -Assisting with membership fulfillment and bulk mailing (40% of time); and -Identifying and organizing press clippings (20% of time). Excellent writing and editing skills, strong organizational abilities, and the capacity to take instruction and run with it is a must. Interest in development and/or public relations as a career is a plus, as is knowledge and familiarity with EFF's issues. To apply, please send a cover letter, resume, and writing sample to: alyssa@eff.org * Volunteer at EFF! EFF is looking for volunteers to assist with operations in our membership department. If you're quick, organized, detail-oriented, and looking for a hands-on way to support EFF, contact us today! Duties include: * Membership fulfillment * Organizing premiums * Print mailing * Event assistance Learn about fundraising operations in the nonprofit world while supporting your favorite organization in a tangible way! Interest in grassroots fundraising is a plus, as is knowledge and familiarity with EFF's issues. Send a letter of interest to aaron@eff.org * Nominate a Pioneer for EFF's 2009 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 2009. The International Pioneer Awards nominations are open both 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. How to Nominate Someone for a 2009 Pioneer Award: You may send as many nominations as you wish, but please use one email per nomination. Please submit your entries via email to pioneer@eff.org. We will accept nominations until July 30, 2009. 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 importantly, 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. Nominations are open to all (other than current members of EFF's staff and operating board or this year's award judges), and you may nominate more than one recipient. You may also nominate yourself or your organization. 6. 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: http://www.eff.org/awards/pioneer/ * IT Equipment for EFF Offices We are looking for donations of computer equipment to support EFF's office operations. As thanks for your donation, we can offer a free membership and of course some cool swag. Requested Items: - 2 x 2TB external USB hard drives, preferably Western Digital. Or a larger amount of smaller drives with the same interface. - PATA IDE hard drives, 20GB or larger Please contact stu@eff.org if you can help! : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Eva Galperin, Referral Coordinator eva@eff.org Membership & donation queries: membership@eff.org To support EFF: http://links.eff.org/emaildonate General EFF, legal, policy, or online resources queries: information@eff.org Back issues of EFFector are available at: http://www.eff.org/effector/ To unsubscribe or change your subscription preferences: http://action.eff.org/site/CO?i=-HRxYvi5tDUL9DPbTw5J01wam17rT6B_&cid;=1041 To change your email address: http://action.eff.org/addresschange Reproduction of this publication in electronic media is encouraged. This newsletter is printed on 100% recycled electrons. 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