EFFector, Vol. 14, No. 12; June 15, 2001

EFFector Vol. 14, No. 12 June 15, 2001 editor@eff.org

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

IN THE 172nd ISSUE OF EFFECTOR (now with over 27,500 subscribers!):

To join EFF or make a donation: http://www.eff.org/support/
EFF is a member-supported non-profit. Please sign up as a member today!

Help Fund the Felten vs. RIAA Case

Special Appeal from the Executive Director of the Electronic Frontier Foundation (EFF)

Imagine a world where our culture and heritage are locked up by the entertainment industry and turned into a pay-per-view theme park -- a theme park where consumers pay our admission and then pay again with our freedoms. Music and movie lovers are gagged, unable to exercise our rights to free expression. Scientists can no longer publish their research if it talks about studio-controlled content. Technological innovation is illegal if it encroaches on the profits of the music and movie studios.

Unfortunately, this isn't science fiction. Through cases like Felten vs. RIAA, EFF is fighting to prevent this theme park world by challenging the constitutionality of the law being used to unfairly lock up content and take away our rights to free expression. But we need your help. While we believe that we will win this case and protect scientists' rights to publish their research, we can't do it without funding for the legal costs.

EFF consistently and successfully fights to protect freedom in technological arenas. Many of you probably remember the Bernstein case, where EFF helped abolish the export laws on encryption and proved that computer source code is protected speech under the First Amendment. If you've been around cyberspace for a while like I have, you'll remember the Steve Jackson Games case, where EFF established the principle that email is legally entitled to the same protections from law enforcement access as telephone calls. I'm proud to have been a part of EFF when we set those important legal precedents; it was a great feeling. The Felten case will be another opportunity to be part of a precedent-setting case for freedom in our digital age.

This case is likely to cost EFF over a million dollars, an overwhelming amount for a small nonprofit organization like ours, but a drop in the bucket for the movie and music studios that we oppose. Please, take a moment now to contribute to the cause of freedom. You can donate online at http://www.eff.org/support/, or you can call or send us a donation to the address below. Please feel free to call us at +1 415-436-9333 x110, if you'd like to discuss other ways of contributing, such as through stock donations or employer matching programs.

EFF is here at the exact right time in history to change the world for the better. Be a part of that. Join with us today, and help protect freedom. There are not many things you can do with your money that can have such a strong and far-reaching effect.

Sincerely,
Shari Steele, Executive Director
Electronic Frontier Foundation
454 Shotwell Street
San Francisco, CA 94110

Princeton Scientists Sue Over Squelched Research

EFF Challenges Record Companies

Electronic Frontier Foundation Media Release

For Immediate Release -- June 6, 2001

Contact:

Trenton, NJ -- The Electronic Frontier Foundation (EFF) today asked a federal court to rule that Princeton University Professor Edward Felten and his research team have a First Amendment right to present their research on digital music access-control technologies at the USENIX Security Conference this August in Washington, DC, despite threats from the recording industry.

When scientists from Princeton University and Rice University tried to publish their findings in April 2001, the recording industry claimed that the 1998 Digital Millennium Copyright Act (DMCA) makes it illegal to discuss or provide technology that might be used to bypass industry controls limiting how consumers can use music they have purchased.

Like most scientists, the researchers want to discuss their findings and publish a scientific paper about the vulnerabilities of several technologies they studied. Open discussion of music customer control technologies has resulted in improved technology and enhanced consumer choice.

"Studying digital access technologies and publishing the research for our colleagues are both fundamental to the progress of science and academic freedom," stated Princeton scientist Edward Felten. "The recording industry's interpretation of the DMCA would make scientific progress on this important topic illegal."

Felten's research team includes Princeton University scientists and plaintiffs Bede Liu, Scott Craver, and Min Wu. Also members of the research team and plaintiffs are Rice University researchers Dan Wallach, Ben Swartzlander, and Adam Stubblefield. Another scientist and plaintiff is Drew Dean, who is employed in the Silicon Valley. The USENIX Assocation has joined the case as a plaintiff.

The prominent scientist and his research team originally planned to publish the paper in April at the 4th International Information Hiding Workshop. However, the scientists withdrew the paper at the last minute because the Recording Industry Association of America (RIAA) and the Secure Digital Music Initiative (SDMI) Foundation threatened litigation against Felten, his research team, and the relevant universities and conference organizers.

SDMI sponsored the "SDMI Public Challenge" in September 2000, asking Netizens to try to break their favored watermark schemes, designed to control consumer access to digital music. When the scientists' paper about their successful defeat of the watermarks, including one developed by a company called Verance, was accepted for publication, Matt Oppenheim, an officer of both RIAA and SDMI, sent the Princeton professor a letter threatening legal liability if the scientist published his results.

EFF filed the legal challenge in New Jersey federal court against RIAA, SDMI, Verance, and the U.S. Justice Department so that the researchers need not fear prosecution under DMCA for publishing their research.

"When scientists are intimidated from publishing their work, there is a clear First Amendment problem," said EFF's Legal Director Cindy Cohn. "We have long argued that unless properly limited, the anti-distribution provisions of the DMCA would interfere with science. Now they plainly have."

"Mathematics and code are not circumvention devices," explained Jim Tyre, an attorney on the legal team, "so why is the recording industry trying to prevent these researchers from publishing?"

USENIX Executive Director Ellie Young commented, "We cannot stand idly by as USENIX members are prevented from discussing and publishing the results of legitimate research."

EFF is challenging the constitutionality of the anti-distribution provisions of the DMCA as part of its ongoing Campaign for Audiovisual Free Expression (CAFE). The CAFE campaign fights over-reaching intellectual property laws and restrictive technologies that threaten free speech in the digital age. "The recording studios want to control how consumers can use the music they buy. Now they want to control scientists and publishers, to prevent consumers from finding out how to bypass the unpopular controls," said EFF Staff Attorney Robin Gross.

Media professionals have been invited to attend a June 6 press conference and simultaneous teleconference on the Felten case featuring the legal team and Professor Felten.

The legal team includes EFF attorneys Lee Tien, Cindy Cohn, and Robin Gross. Outside lead counsel Gino Scarselli, argued the Junger case where the 6th Circuit Court of Appeals ruled unanimously that computer code is creative expression worthy of First Amendment protection. Also members of the legal team are James Tyre, a technology savvy lawyer from Southern California who co-founded the Censorware Project and wrote an amicus brief in Universal v. Reimerdes, and Joe Liu, a Professor of Law at Boston College. Local counsel in New Jersey are First Amendment specialists Frank Corrado of Rossi, Barry, Corrado, Grassi and Radell, and Grayson Barber, chair of the ACLU-NJ privacy committee.

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/

About USENIX:

The USENIX Association, an organization representing some 10,000 computer research scientists is dedicated to the free exchange of scholarly information through its many conferences and publications. See its website at:
http://www.usenix.org/

Judge Rules Alleged DoubleClick Privacy Violations Sufficient to Go to Trial

Electronic Frontier Foundation Urges DoubleClick to Adopt Opt-In Privacy Protections

Electronic Frontier Foundation Media Release

For Immediate Release: June 6, 2001

Contact:

San Rafael, CA - Judge Lynn O'Malley Taylor ruled today that a lawsuit seeking to prevent DoubleClick from invading individuals' privacy moved one step closer to trial. The class-action claims in the privacy lawsuit against DoubleClick focus on DoubleClick's practice of tracking and profiling people without their consent as they browse the Web. She indicated that, unless the parties reach a settlement, the trial will be held in January 2002, despite DoubleClick's attempt to derail the lawsuit.

"DoubleClick is invading people's privacy by collecting personal information without first asking permission," said EFF staff attorney Deborah Pierce. "We are glad that Judge Taylor recognizes that DoubleClick's practices may be in violation of privacy rights guaranteed by the California state constitution."

"California's Constitution protects the general public against the massive, unauthorized accumulation of sensitive information," said Ira Rothken, lead plaintiff's attorney in the case. "DoubleClick's behavior is outrageous. DoubleClick's business model is flawed. And we are going to obtain a remedy from the court to stop them."

DoubleClick, an online advertising company, places banner ads and other website advertisements on behalf of its clients. The dispute concerns DoubleClick's use of cookies and web bugs to track the web browsing behavior of individuals. Individuals are often unaware these technologies exist, what they can do to avoid a cookie or a web bug, or how they can prevent companies like DoubleClick from placing cookies on their computer hard drives.

The lawsuit alleges that by using cookies DoubleClick can store personally identifying information, resulting in a profile of individuals based on their surfing history. Online profiling and aggregation of data from different sources allows others to form opinions, to market items, and to discriminate based on a profile that may or may not be accurate. Unwanted disclosure of information may have harmful consequences, ranging from simple embarrassment to serious problems such as harassment, violence, insurance cancellation, loss of job or home, and relationship issues with family and friends.

The Electronic Frontier Foundation (EFF), along with the Privacy Rights Clearinghouse (PRC) and the Electronic Privacy Information Center (EPIC), have been acting as advisors in the case, formally called Judnick v. DoubleClick.

For more information about online privacy, see the EFF website:
http://www.eff.org/

For more information about the Rothken Law Firm, see the Rothken website:
http://www.techfirm.com/

For additional background and information on online privacy and data-sharing, see:

EFF Seeks Media Intern

The Electronic Frontier Foundation seeks a Media intern to focus on media tasks such as media interview assignments, media releases, media professional relationships, and mediabase and media coverage archival. Basic HTML skills and general computer competence necessary. Very helpful if you have your own laptop and/or home Internet access.

Interns will be in the San Francisco Bay Area, and in the EFF office at least two days per week. School credit may be available.

Timeframe: Needed immediately, for each semester. Minimum commitment 2 days per week for at least three months.

EFF's Wish List

We have received a flood of helpful responses to last week's request for a conference table. However, we still don't have the perfect match. So we are re-posting the request, and are so heartened by the positive response that we've decided to add more items to form an official wish list. Any and all donations are greatly appreciated.

EFF still 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.

In addition to office furniture needs: As EFF looks toward providing more digital audio & video event coverage on our Web site, it has become clear that we need more equipment to be able to do this efficiently and in ways that do not interfere with our staff's legal, policy and media/education work. We are also in need of newer replacements for a number of old Macs, Pentium IIs, office machines, and old software, that slow our staff and interns down. So, we are appealing to the Internet community for your (TAX-DEDUCTIBLE!) donations of new or used equipment:

* G3/iMac/iBook or better Macs
* PIII or better PCs (desktop or laptop)
* 22" Apple Cinema Display monitor
* Mac audio-video in/out card (G3/G4 compatible)
* Mac software: Final Cut Pro 2, MS Office 2001, MacOS X, Virtual PC 4
* Windows software: MS Office 2001
* copier in good shape, w/ multisheet feed, duplex, collate, & staple
* collator ("mailbox") & extra paper trays for Lexmark Optra T614 printer

July 10, 2001 BayFF & EFF Housewarming Party

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 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
EFF Director of Education and Offline Activism
+1-415-436-9333 x101
katina@eff.org

Administrivia

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

Membership & donation queries: membership@eff.org
General EFF, legal, policy or online resources queries: ask@eff.org

Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements & articles may be reproduced individually at will.

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