EFFector Vol. 14, No. 22 Sep. 4, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
EFFector Vol. 14, No. 22 Sep. 4, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
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On September 11, the Judicial Conference of the United States will consider mandating Internet use monitoring for all employees of the federal judiciary, judges included. The Administrative Office of the Courts, which already secretly monitored Internet use without consent, worries that "a significant factor contributing to the growth of [Internet] traffic appear(s) to be related to personal, rather than business usage," even though Internet usage immediately and dramatically declined voluntarily in response to an appropriate-use memo that office sent out in March. Moreover, judges of the 9th U.S. Circuit Court of Appeals in San Francisco ordered a one-week shutdown of the monitoring asserting that it is inappropriate and possibly illegal.
The Electronic Frontier Foundation (EFF) believes that if we can't trust judicial employees to use computers appropriately, then we shouldn't trust them to administer our courts. The intrusive monitoring of e-mail, Internet usage, case-related materials, and even private correspondence -- perhaps to be conducted by an outside commercial company -- raises serious privacy issues. Regardless of the legalities, spying on employees is bad policy, and anathema to a working environment that would otherwise attract trusted professionals and produce outstanding performance.
EFF requests that concerned citizens write politely worded letters to the Judicial Conference of the United States opposing the proposal to require Internet monitoring of federal judiciary employees.
Please make sure your comments ARRIVE before the September 11 meeting of the Judicial Conference. Specify that Ms. Siegel forward your comments to the Judicial Conference. Do NOT send spam-like or rude messages as they will be counterproductive.
Use this sample letter to the Conference or modify it, and send to:
Karen K. Siegel
Attn: Judicial Monitoring Proposal
Assistant Director, Office of Judicial Counsel
Executive Secretariat
Administrative Office of the United States Courts
One Columbus Circle, NE
Washington, D.C. 20544
USA
Phone: +1 202 502-2400
Fax: +1 202 502-1144
E-mail: karen_siegel@ao.uscourts.gov
Cc: Mel Bryson, mel_bryson@ao.uscourts.gov
Terry Cain, terry_cain@ao.uscourts.gov
Dear Ms. Siegel and members of the Judicial Conference:
Please forward my comments on this matter to all members of the Judicial Conference.
I write to express my grave concern regarding the proposal to require monitoring of Internet use for federal judiciary employees.
For our constitutional system to work, federal judges must remain independent -- that's one of the reasons we appoint them for life and prevent their salaries from being reduced. If independence really matters, it is entirely inappropriate to monitor judges' computer use.
Judge Edith H. Jones puts it precisely: the AOC's recommendations "appear to confer enormous discretion on the judicial bureaucracy to continue monitoring communications and to make policy decisions regarding Internet and computer use that each judge should make for his or her chambers."
The special role the judiciary plays in our society counsels against the adoption of a possibly illegal policy, which may violate the Electronic Communications Privacy Act, a federal law that protects the privacy of electronic communications.
The question of whether and how employers may monitor their employees' online activities is raised in several current cases before the courts. Can the public honestly believe that a court system that refuses to value the privacy of its own employees can objectively pass upon the legality of workplace surveillance? Only if the Judicial Conference rejects the proposal and decides - as a policy matter - not to monitor employees' usage of their computers, will judges across the country remain able to evaluate impartially the legality of monitoring programs in cases that come before them.
Regardless of the legalities, spying on employees is bad policy, and anathema to a working environment that would otherwise attract trusted professionals and encourage outstanding performance.
I urge you to reject the Internet use monitoring proposal for federal judiciary employees.
Sincerely,
[Your full name]
[Your address]
This drive to contact the Judiciary bureaucracy about their invasive policies is part of a larger campaign to highlight how extensively companies and governmental agencies subject us to surveillance and share and use personal information online, and what you can do about it.
Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
Jeff Rosen's article on judicial monitoring in The New Republic:
Judge Jones's letter criticizing the Internet monitoring policy:
Administrative Office of the US Courts press
release on report recommending Internet monitoring policy:
Judicial Conference Commission on Automation and Technology report summary
recommending Internet monitoring policy:
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
Lee Tien, EFF Senior First Amendment Attorney
tien@eff.org
+1 415-436-9333 x102
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415-436-9333 x111
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Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415-436-9333 x108
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415-436-9333 x111
San Jose, California - Russian programmer Dmitry Sklyarov and his employer Elcomsoft today pled not guilty to charges of providing electronic book format conversion software in the United States. Sklyarov, who had the benefit of a court interpreter, spoke the plea himself in English.
The court heard a five-count grand jury indictment against Elcomsoft and previously jailed programmer Sklyarov on charges of trafficking and conspiracy to traffic in a copyright circumvention device.
Sklyarov -- who is out of custody on US$50,000 bail -- could face a prison term of up to twenty-five years and a US$2,250,000 fine. As a corporation, Elcomsoft faces a potential US$2,500,000 fine.
"Dmitry has programmed a format converter which has many legitimate uses including enabling the blind to hear eBooks," explained Cindy Cohn, Electronic Frontier Foundation Legal Director. "The idea that he faces prison for this is outrageous. The EFF will support Dmitry through the end of this ordeal."
"We were hoping that the government would see the wisdom and justice in not pursuing a case against Sklyarov," said his attorney, Joseph M. Burton of Duane Morris in San Francisco. "Even if one were to ignore the serious legal questions involving the DMCA, this case hardly cries out for criminal prosecution. Sklyarov's and Elcomsoft's actions are not conduct that Congress intended to criminalize. We will vigorously contest these charges."
Sklyarov and his attorneys appeared at the arraignment with US Magistrate Judge Richard Seeborg presiding. The next court appearance scheduled in the case is 9:00 AM Pacific on September 4 before Judge Ronald Whyte in the San Jose Federal Court building.
Well-dressed observers attended the arraignment and nonviolent protests occurred in Moscow (Russia), London (England), Boston, San Francisco, Los Angeles, Reno, and Black Rock City, Nevada.
San Jose, California - Russian programmer Dmitry Sklyarov and his employer Elcomsoft appeared briefly in court today regarding charges of providing electronic book format conversion software in the United States.
At the hearing -- described as "pretty routine" by defense attorney Joseph Burton -- the case was continued to 9:00 AM on September 24, 2001, in the same San Jose Federal court building. The case was continued so that Elcomsoft will have sufficient time to choose their legal representation and so that both prosecution and defense teams may present a joint schedule for motions and discovery in the case.
The next court appearance scheduled in the case is 9:00 AM Pacific on September 24 before Judge Ronald Whyte in the San Jose Federal Court building.
Background on the Sklyarov case:
Calendar of protests related to the Sklyarov case:
Sklyarov Defense Fund (not affiliated with EFF):
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EFF Music Share In
Saturday, September 8, 2001, 2pm-5pm PT
Golden Gate Park (corner of Haight & Stanyan)
Join the Electronic Frontier Foundation and ten Independent bands for an afternoon of music supporting artists' rights. All bands performing grant permission for their Share - In performances to be recorded and shared with friends under EFF's Open Audio License. Tapers are encouraged and welcome.
Ten bands will play in two stage areas in the meadow. Hosting the main stage are Wavy Gravy and EFF co-founder John Perry Barlow. Musicians performing at the event include singer/songwriter Adrian West, the jazzy Alex Buccat Quartet featuring Sanaz, folk/pop band Atticus Scout, high-altitude bluegrass string band Hot Buttered Rum, soulful solo performer Michael Musika, the political satirists of The Planning Commission, Berkeley-based party band Shady Lady, classical Indian instrumentalists Srini and Raja, acoustic rock performer Vanessa Lowe, and singer/songwriter Wendy Haynes.
Come with friends and family! Hear great music, feast on
Ben and Jerry's ice cream and support a great cause. Best
of all, It's FREE! There will also be booths, t-shirts and
CDs. Visit our website at:
for more information or call +1 415-436-9333 x101
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On Friday, 7 September 2001, a variety of groups from around the world will be collaborating on an international day of autonomous protests against the constant, indiscriminate and technologically sophisticated video surveillance of public places by both businesses and law enforcement agencies, and in favor of the right to privacy, which is a fundamental human right. The protests will take the form of short skits and plays, the majority of which will take place in front of "webcams," so that people all over the world can watch them via the Internet.
This drive to contact the Judiciary bureaucracy about their invasive policies is part of a larger campaign to highlight how extensively companies and governmental agencies subject us to surveillance and share and use personal information online, and what you can do about it.
Check the EFF Privacy Now! Campaign website regularly for additional
alerts and news:
The proposal reads as follows:
We propose --
- that an international day of action against video surveillance -- specifically: the constant, indiscriminate and technologically sophisticated video surveillance of public places by both businesses and and law enforcement agencies -- take place on Friday, 7 September 2001;
- that people who wish to intensify the struggle to protect and strengthen the right to privacy (a fundamental human right) should undertake autonomous actions at the local level and in a completely de-centralized fashion;
- that, if and when possible, at least some of these actions should be undertaken in front of webcams that have already been installed in public places by private companies that are insensitive or even hostile to privacy concerns (in addition to disrupting "business as usual" for these companies, the use of webcams will allow the entire world to see 7s01 anti-videosurveillance actions as they take place);
- that all individuals and groups participating in the 7s01 day of action keep in touch with at least one of the groups listed below and/or each other;
- that at least one Web site links to or actually displays images from these actions as they take place;
- that this proposal should be posted on-line and sent to as many people as possible and as soon as possible; and
- that this proposal be translated into as many foreign languages as possible, but especially French, German, and Italian, for it is in France, Belgium, Germany and Italy that the anti-videosurveillance struggle is the most visible at the moment.
List of participating groups:
EFF's action alert:
Bill Brown, Surveillance Camera Players
notbored@panix.com
+1 212-561-0106
http://www.surveillancecameraplayers.org/
Will Doherty, EFF Online Activist / Media Relations
wild@eff.org
+1 415 436 9333 x111
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Last issue's alert about opting out of credit card-related marketing now contains outdated information, because the credit card trade association hosting the opt-out number has changed the system's options. We reported that one should wait thru the introduction message and then press 3. This now does nothing.
Call the credit agencies' 1-888-567-8688 number to opt out of postal and telemarketing (and possibly e-mail) "credit spam".
When you dial this phone number, you will first be prompted to press 1 if you're calling about the Internet email with a July 1 deadline, or 2 if not.
Press 2. Do
Then, listen carefully and wait until given the option to press 3 (do not press 1 - this will only opt you out for 2 years, while option 3 will opt you out permanently).
Thanks to EFFector reader Patrick Woolsey for being the first to notify us of the change.
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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
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