EFFector, Vol. 14, No. 32; Oct. 24, 2001

EFFector Vol. 14, No. 32 Oct. 24, 2001 editors@eff.org

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 192nd Issue of EFFector (now with over 29,300 subscribers!):

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Electronic Frontier Foundation Defends More Anonymous Critics

Urges Court to Dismiss Unfounded Identity Disclosure Cases Quickly

Electronic Frontier Foundation Media Release

For Immediate Release: October 25, 2001

Contact:

San Francisco, California - The Electronic Frontier Foundation (EFF) today defended the right of anonymous posters to criticize the Metalclad company on a Yahoo! message board devoted to the company. EFF filed an amicus brief in support of a John Doe in a California Court of Appeal case aimed at silencing legitimate speech online.

CEO Grant Kesler sued several unnamed participants in the Yahoo! public message board devoted to Metalclad, a provider of insulation and asbestos abatement services. Kesler claimed defamation based upon remarks critical of him and immediately sought to force Yahoo! to disclose the speakers' identities.

One of the Does, whose screen name is "Mezzzman", requested that the court dismiss the case under California's anti-SLAPP law. This law enables those sued in "Strategic Lawsuits Against Public Participation" to seek an immediate dismissal with appropriate attorney fees awarded. The Superior Court denied the motion on procedural grounds and Mezzzman has appealed. The case may set a precedent in determining whether and how California's anti-SLAPP law should apply to speech on Internet message boards.

"Unfounded defamation suits threaten to silence message boards and other Internet tools which offer an important forum for free and frank shareholder and investor discussions," noted Cindy Cohn, EFF Legal Director. "We asked the appellate court to ensure that those facing unjustified litigation can protect themselves."

"California's anti-SLAPP law was designed to deter lawsuits aimed at silencing critical discussion. The history of this law clearly indicates that it should extend to Internet message boards and postings such as those of Mezzzman," said Ryan Roth of the Los Angeles office of Paul, Hastings, Janofsky and Walker, LLP, who is representing Mezzzman pro bono.

In six previous court cases, EFF has sought to prevent corporations from obtaining the identities of online speakers inappropriately as part of the civil discovery process. In the case called In re 2theMart.com, EFF secured a ruling from the Federal District Court in Seattle, later upheld by the 9th Circuit Court, setting out legal criteria for protecting the First Amendment rights of anonymous speakers.

Following completion of court briefs in the Kesler/Mezzzman case (officially, Kesler v. Doe) by mid-December, the court will hear oral arguments and will likely reach a decision by late spring 2002.

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

EFF Counsels New Zealand on Copyright Law Revamp

Counters Industry's Worldwide Clampdown on Digital Rights

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, October 23, 2001

Contacts:

San Francisco, California - The Electronic Frontier Foundation (EFF) today publicly urged New Zealand to avoid adopting copyright laws similar to the U.S. Digital Millennium Copyright Act (DMCA). In the U.S., the DMCA has proven dangerous to free speech, scientific research, and technical innovation. The EFF filing in New Zealand is part of an on-going effort to counter U.S. copyright industry attempts to export the DMCA worldwide under the guise of "modernizing" copyright for the digital age.

EFF submitted recommendations last week in response to a discussion paper issued by New Zealand's Ministry of Economic Development. The Ministry is considering changes to New Zealand's copyright law to address digital technology.

"Copyright owners told us that they needed the DMCA to stop piracy. Instead, it has been used against the press, scientists, and computer programmers," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "We're hoping that other countries will learn from our mistakes, and will think twice before giving in to the demands of corporate media giants."

The EFF submission focuses on three areas. First, EFF urges New Zealand not to adopt "anti-circumvention" provisions like those found in the DMCA. These provisions prohibit any effort to bypass use and access restrictions - such as copy protection on CDs - imposed by copyright owners. In the U.S., copyright owners have used this provision to stifle discussion of, or research into, their "digital rights management" technologies. As a result, the DMCA has chilled free speech and scientific research. For example, when a team of researchers led by Princeton computer science professor Edward Felten first tried to publish a scientific paper questioning the security of digital music technology, the recording industry threatened the team with legal action under the "anti-circumvention" provisions of the DMCA.

Second, EFF urges the Ministry not to treat temporary copies made in a computer's memory as copyright infringements. Because every computer must make temporary, incidental copies of software and data in order to function, copyright owners with the ability to control every copy would also have the ability to control where, when, and how often consumers could listen to the music, books, and movies they have purchased.

Third, EFF recommends that the Ministry protect consumer privacy and technological innovation if it adopts any copyright "safe harbors" for Internet service providers (ISPs). In the U.S., the "safe harbors" aimed at protecting ISPs from copyright liability have been used by copyright owners to silence free expression and bully customers who use peer-to-peer file-sharing services like Napster, Aimster and Morpheus.

In an effort to prevent U.S. copyright industries from exporting DMCA principles to other countries, EFF and other organizations and individuals recently submitted similar comments in Canada. EFF is publicizing and opposing U.S. efforts to include DMCA principles in free trade agreements with other nations, including Jordan, Singapore, and Latin American nations. In addition, many European countries are expected to wrestle with the issue in the coming months.

"It's really about striking a fair balance between the rights of copyright holders and the interests of the public," said EFF Staff Attorney Robin Gross. "In a world of copy-protected CDs, for example, publishers could charge you a second time to add music to your mp3 player or make a copy of a CD for your car."

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Electronic Frontier Foundation Debuts "Radio EFF" on Live 365

Electronic Frontier Foundation Media Release

For Immediate Release: October 23, 2001

Contacts:

Foster City, California - The Electronic Frontier Foundation (EFF) has launched Radio EFF on Live 365. Radio EFF uses audio programming to help people better understand how technologies and laws interact, impacting everyone's freedoms and civil liberties.

Radio EFF's programming includes interviews and panel discussions with the people who are on the front lines defending freedom of expression in cyberspace. EFF staff attorneys and activists regularly appear discussing ongoing litigation and legislation that will determine the future freedoms of the individual in the digital age.

"Having the ability to share ideas is critical to the preservation of liberty. Radio EFF and Live 365 are working together to amplify the issues and events shaping the future of freedom online," said Patrick Norager, Radio EFF's General Manager. As more and more people learn about their rights in cyberspace, these freedoms become more difficult to diminish or dismantle. "Public education is a significant source of our success at EFF. Through audio, our message - and the message of freedom - can travel farther faster."

"We are thrilled to provide a forum for the EFF, and to help facilitate the important dialogue being offered relating to the protection of civil liberties in the digital space," said John Jeffrey, Executive Vice President of Live 365, Inc. "Through our broadcasting services, we strive to provide an opportunity for any individual or organization to use our tools to provide their viewpoints, share their content, and exercise their right to free speech."

About EFF:

About Live 365:

Live 365 (www.Live365.com) is the world's largest broadcaster of streaming MP3 content on the Internet and rated by Arbitron as the No. 1 Internet Radio network. Users can listen to tens of thousands of broadcasts anytime day or night. Through innovative proprietary technology, users can also create a one-of-a-kind personal station to broadcast worldwide. Live 365's tools (including Meetings365 & Studio365) empower traditional radio stations, record companies, government, city and civic community groups with an easy solution to stream audio over the Internet. Live 365 is both a member of the Digital Media Association (DiMA) and a member of the National Association of Broadcasters (NAB). Founded in July 1999 in Foster City, CA, Live 365 recently won the 'People's Voice' award for "Best Music Site" at the Fifth Annual Webby Awards.

Find out how Anti-Terrorism Legislation Will Affect Civil Liberties on Radio EFF

October 11th BayFF Audio Recording Available

BayFF: Anti-Terror Legislation and our Civil Liberties

Location: San Francisco Public Library

Recorded: October 11, 2001

Moderator: Cindy Cohn, EFF Legal Director

Panelists:
Ann Brick - Staff Attorney, ACLU of Northern CA
Lee Tien - EFF Senior Staff Attorney
Kevin Poulsen - Journalist, SecurityFocus
Robert Rubin - Legal Director, Lawyers' Committee
for Civil Rights of the SF Bay Area

SSSCA hearings postponed

Senate Commerce Committee hearings relating to the Security Systems Standards and Certification Act (SSSCA), originally set for October 25, have been postponed in the face of mounting opposition from the technology community.

The SSSCA would require that all future digital technologies include federally-mandated "digital rights management" (DRM) technologies that will enable Hollywood to restrict how consumers can use digital content. Response to the draft bill, which was authored by Senator Fritz Hollings (D-SC), has been largely negative. EFF announced its opposition to the bill several weeks ago and encouraged its members to express their concerns to Senator Hollings. IBM, Intel, Microsoft, and others have since announced their opposition, as well.

Senator Hollings has not re-scheduled the hearings, and has indicated that he would consider modifying the bill.

Administrivia

The Electronic Frontier Foundation
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San Francisco CA 94110-1914 USA
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+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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