EFFector       Vol. 14, No. 11       June 2, 2001     editor@eff.org

A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

IN THE 171st ISSUE OF EFFECTOR (now with over 27,500 subscribers!):

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2600 Magazine Relies On New Supreme Court Precedent

Electronic Frontier Foundation Media Release

For Immediate Release -- May 30, 2001

Contact:

Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415 436 9333 x108
Kathleen Sullivan, Stanford Law School Dean
sullivan@law.stanford.edu

New York -- The Electronic Frontier Foundation today filed its answers to the Second Circuit Court of Appeals' request for additional briefing in a case concerning 2600 Magazine's right to publish DeCSS software. After Stanford Dean Kathleen Sullivan argued for the defense on the May 1st hearing; on May 8 the Court asked the parties to answer 11 additional questions that focused on EFF's First Amendment arguments.

2600 Magazine had published the software on its Website as part of its news coverage of the debate surrounding technological protection measures placed on DVDs. The movie studios obtained an injunction under the Digital Millennium Copyright Act banning the magazine from publishing or linking to the code.

"The questions show how seriously the court is considering the First Amendment issues in this case," stated Dean Sullivan.

"The Supreme Court just reaffirmed the press' right to publish truthful information that is of public interest in the recent Bartnicki v. Vopper ruling," added Cindy Cohn, EFF's Legal Director, referring to a U.S. Supreme Court decision of May 21 that held that a member of the media could not be held liable for broadcasting an illegally taped conversation. "We are hopeful the 2nd Circuit will look closely at this case and see the parallels to 2600's intended publication."

The Movie studios have sued 2600 Magazine under a 1998 law that prevents even the publication of programs that can allow access to DVDs or other digital media. Most recently the law was used to frighten a team led by Princeton Computer Science Professor, Edward Felten, from presenting a paper describing how to break proposed watermarks on CDs at a scientific conference.


EFF's responses to the Court's questions are available at:
  http://www.eff.org/IP/Video/MPAA_DVD_cases/20010530_ny_eff_supl_brief.html

Exhibits to EFF's Supplemental brief:
  http://www.eff.org/IP/Video/MPAA_DVD_cases/20010530_ny_eff_supl_exhib.html

MPAA's supplemental brief:
  http://www.eff.org/IP/Video/MPAA_DVD_cases/20010530_ny_mpaa_supl_brief.html

The text of the order with the court's questions is available at:
  http://www.eff.org/IP/Video/MPAA_DVD_cases/20010508_ny_augment_order.html

An informal transcript of the oral argument and more information about this case are all available on the EFF website at:
  http://www.eff.org/pub/IP/Video/MPAA_DVD_cases/

For additional information see:
  http://www.acm.org/usacm/IP/DMCA-release.html

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
  http://www.eff.org

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EFF Alert:

Schools & Libraries Have Time for CHIPA Decisionmaking

EFF Urges Pacing Compliance with Progress on Legal Challenges

The Electronic Frontier Foundation (EFF) is pleased to report that schools and libraries have considerable time to consider options for compliance with the Children's Internet Protection Act (CHIPA or CIPA). Since ACLU/EFF and American Library Association lawsuits pending against CHIPA will likely result in injunctions preventing enforcement, schools and libraries who disagree with requirements for Internet blocking technology may move more deliberately in complying with the likely unconstitutional law.

According to clarifications from the Schools and Libraries Division (SLD) of the Universal Service Administrative Company, schools and libraries seeking to retain federal grants and discounts under programs such as E-Rate and LSTA will have more time than some previously thought to comply with CHIPA.

Although schools and libraries must "undertake actions" to comply with CHIPA starting July 1, 2001, in order to receive E-Rate Year 4 funding, they may meet this requirement by making progress on technology protection measures, Internet safety policies, and/or public notice and hearing on these matters and certify that they have "undertaken actions" by the deadline of October 28, 2001.

For Year 5, SLD reports that schools and libraries must actually have technology protection measures, Internet safety policies, and public notices and hearings completed by July 1, 2002, and certify by October 28, 2002, in order to receive Internet-related discounts.

If state or local procurement rules or regulations or competitive bidding requirements prevent CHIPA certification, schools and libraries may seek a waiver and provide notification that they will be in compliance before the start of the third funding year, which for most applicants will be Year 6.

Similar requirements apply for LSTA funding.

For more information on the certification deadlines, see:
 http://www.sl.universalservice.org/whatsnew/MISC/CIPA051801.asp

For more information on the Children's Internet Protection Act and related issues, see EFF's Blue Ribbon Campaign page at:
 http://www.eff.org/br/

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EFF Housewarming Party and BayFF at our New Location on Shotwell Street

Come Celebrate Our 11th Anniversary, See Our New Home, Meet Board Members and Staff, and Learn More About the Work We Do

WHAT: EFF's Housewarming "BayFF"
WHEN: Tuesday, July 10th, 2001 at 7:00 PM Pacific Time
WHERE: Electronic Frontier Foundation
454 Shotwell Street, San Francisco, CA 94110

This is a night to celebrate! July 10th is:

This event is free and open to the general public. There will be plenty of food, drink, music, and a blessing of our new office space by a Tibetan Lama.

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. For more information, please see EFF's website ( http://www.eff.org ), or contact:
Katina Bishop
Director of Education and Offline Activism
+1-415-436-9333 ext 101
katina@eff.org

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California Internet Blocking Bill Dies in Committee

Known to some as "child of CHIPA", California Assembly Bill 151, designed to force libraries receiving state Internet-related funding to install Internet blocking technologies, has died in the appropriations committee.

Thanks to EFF members in California who let the Assembly committee members know their opinions on this bill.

The full text of the bill, as last amended, is available at:
 http://eff.org/Censorware/Foreign_and_local/CA/20010416_ca_ab151_bill.html

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Know Where EFF Can Find a Conference Table in the San Francisco Bay Area?

The Electronic Frontier Foundation seeks a conference table for our SF office of dimensions approximately 15-17 feet by 4-5 feet for use in our large conference room. Ideally, this would be a nice wood table, but we would consider other materials as well. Donation (deductible to the extent permitted by law) or discount on a table would be very helpful, as it would spruce up the conference room immensely and permit us to convert the existing cobbled-together tables into desks for four EFF interns! We are also looking for quality office chairs.

Please contact:
Henry Schwan
EFF Asst. Webmaster
+1 415-626-8167 x114
owlswan@eff.org

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Administrivia

EFFector is published by:

The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/

Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org

To Join EFF online, or make an additional donation, go to:  http://www.eff.org/support/"

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