DeepLinks Archives, July 2006
Noteworthy news from around the internet.
Keep DOPA Out of Schools
Deeplink by Derek SlaterRecently passed by the House, the Deleting Online Predators Act (DOPA) requires public schools and libraries to block access to social networking sites and other communication tools as a condition for receiving certain government funding. Protecting children online is important, but letting federal bureaucrats arbitrarily censor legitimate speech is the wrong way to go.
Cutting off social networking's legitimate uses is bad enough, but DOPA also gives the FCC wide latitude to define the block-list. It potentially covers IM, blogs, wikis, discussion forums, and other sites far beyond MySpace. Despite its limited exceptions, DOPA will restrict children's and adults' online research, distance learning, and use of community forums, among other activities.
Two Congressionally-commissioned studies say education, not blocking access, is a more effective way to keep kids safe online. In fact, by hampering educators ability to teach Internet safety skills, DOPA may put children more at risk.
This isn't the first time Congress has meddled with school and library computers. EFF fought hard against the Children's Internet Protection Act, which required use of Web filtering. If DOPA passes, where might this slippery censorware slope lead next?
DOPA has been referred to the Senate Commerce Committee and is unlikely to move forward until after the August recess. We'll keep you updated and fight to keep DOPA out of schools.
Surveillance We Shouldn't Live With
Deeplink by Derek SlaterWhen Specter introduced his dangerous surveillance bill, the Washington Post slammed it in an editorial. After giving Specter space to defend the bill, WaPo remains unconvinced:
"In an op-ed in these pages Monday, Mr. Specter described his proposal as a compromise with President Bush to ensure judicial review of the NSA program, which he called 'a festering sore on our body politic.' Yet his legislation would essentially respond to this festering sore by shooting the patient."
Read the whole WaPo editorial here, and take action now to stop the surveillance bills.
Open Letter Responding to Songwriters Guild Prez
Deeplink by Derek SlaterEarlier this month, we published "Frequently Awkward Questions for the Entertainment Industry" -- a sample list of tough questions you can ask RIAA or MPAA representatives at conferences or public speeches. Songwriters Guild President Rick Carnes sent us an email in response entitled "Aways [sic] Awkward Questions for EFF." Beneath the fold, we have posted an open letter to Carnes as well as the text of his original email.
Judicial Review We Should Live With
Deeplink by Derek SlaterWhile Sen. Arlen Specter continued to defend his dangerous surveillance bill, he also declared his willingness to consider alternatives in a hearing yesterday as well as in recent press reports. That's welcome news. From the moment the NSA's massive and illegal spying program was first disclosed, Specter has tirelessly called for meaningful limits and judicial review. To fulfill those laudable intentions, we hope Specter will consider amending the bill so that it reaffirms statutory limitations on surveillance and allows legal challenges like ours to proceed in the traditional court system.
In a Washington Post op-ed published Sunday, Specter asserted that "President Bush's electronic surveillance program has been a festering sore on our body politic" and "If someone has a better idea for legislation that would resolve the program's legality ... I will be glad to listen." Specter conceded in a recent Baltimore Sun article, as he did yesterday, that his bill "would not provide as much judicial oversight as either he or his critics would like."
In that article and at the hearing, Specter specifically pointed out the court's decision in our case last week denying the government's and AT&T's motions to dismiss. He hoped that our case and others related to illegal spying would be allowed to proceed.
We agree, and, for that reason, ask Congress to allow the courts to continue to assess the legality of the warrantless wiretapping program through litigation like ours. With Judge Walker and others continuing to address pending motions, Congress can simply hold off on Specter's or any other FISA bill until the courts have an opportunity to issue decisions. After reviewing the courts' decisions, Congress is in a better position to assess what, if any, legislative action need be taken.
If any legislative action is required, we humbly suggest that Congress clarify that all cases dealing with purportedly secret surveillance can be litigated in the regular district courts pursuant to established security procedures for handling sensitive evidence, as in our case against AT&T. If the administration has a legitimate concern about divulging highly classified evidence, Congress could enhance existing measures to balance the importance of security with the need for allowing a court to test the government's extreme theories of executive power. Congress should also explicitly clarify that these procedures preempt the government's often misused state secrets privilege and reaffirm FISA as the exclusive means of electronic surveillance.
We commend Specter for his willingness to consider alternatives, and we hope he reconsiders the bill as drafted. For now, it's still critical that you take action to stop the surveillance bills.
Spread the Word: Stop the Surveillance Bills!
Deeplink by Derek SlaterWe need your help to stop the Cheney-Specter surveillance bill and other proposals like it. This sham "compromise" bill will help the government continue to break the law, vastly expanding the president's power to spy on you without any meaningful oversight from Congress or the courts.
- Take action now by visiting http://action.eff.org/fisa
- Spread the word to friends and family -- send along information on this page and link to our Action Center.
- Write about this issue on your blog and post a button.
Grab the blog button and find more information to send along here.
Administration Laughs at CALEA, Proposes to Eviscerate Law's Compromise
Deeplink by Derek SlaterAfter a petition from the FBI and other federal law enforcement agencies, the FCC ruled last year that companies like Vonage and private institutions that provide Net access must redesign their networks to facilitate wiretaps. By forcing broadband Internet and interconnected voice over Internet Protocol (VoIP) services to abide by the controversial Communications Assistance for Law Enforcement Act (CALEA), the FCC ignored the statute's plain language and threatened privacy, security, and innovation.
The FCC ruling has been challenged in court by EFF and others and may end up before the Supreme Court. But the DOJ -- apparently tired of our lawsuits and hoping to avoid such suits in the future -- has now proposed draft legislation to codify and expand the FCC ruling. Read on to learn more about how you may soon be forced to finance this unnecessary expansion of government surveillance.
Slate: NSA Spying Decision "Puncture[s] Myth of" Specter Bill
Deeplink by Derek SlaterOpposition is mounting against the Cheney-Specter surveillance bill. Specter postponed a vote on the bill until after a hearing on Wednesday, having tried to rush it through yesterday.
As we pointed out, yesterday's victory allowing our case against AT&T to go forward demonstrates that the conventional court system is perfectly capable of handling cases related to the illegal spying program and can do so by balancing the public's need for transparency with proper protections for security. Any bill, including Specter's, that would attempt to sweep these cases into the secret FISA courts should be rejected.
Slate seconds the notion in an excellent article, noting that "Specter's premise is that regular courts cannot handle these extremely secret and sensitive matters. [Judge Vaughn] Walker punctured that myth of secrecy...."
We know this bill's bad, now the press gets it -- but we still urgently need to convince the Senate to reject it. If your Senator is on the Judiciary Committee, make your opposition heard.
Digital Copyright Showdown in P10 v. Google
Deeplink by Derek SlaterIf adult entertainment publisher Perfect 10 gets its way in its lawsuit against Google, millions of web publishers, bloggers, and web users will suddenly be on the wrong side of copyright law.
As we've previously discussed, Perfect 10 claims that Google violates its copyrights by indexing Perfect 10 photos posted on unauthorized websites as well as making and delivering thumbnail images of those photos. Despite the fact that Google promptly removes these links when notified, Perfect 10 sued. This digital copyright showdown may reach far beyond Google and has drawn the attention of Hollywood, tech companies, and public interest groups.
EFF has filed a brief on behalf of itself and the Library Copyright Alliance supporting Google before the 9th Circuit Court of Appeals. After the jump, learn about the many critical issues at stake in this case:
The Ugly Details of RIAA's Lawsuit Campaign
Deeplink by Derek SlaterLawyer Ray Beckerman has admirably represented many individuals accused of infringing file sharing. In an interview with the Defective by Design campaign, he discusses the state of these cases, the overreaching legal claims the RIAA has made, and the ordinary individuals harmed by these misguided lawsuits.
Learn more about Defective by Design and their new fund to defend P2P users, and take action now by signing our petition to stop the RIAA lawsuits.
Audio from EFF v. AT&T Conference Call
Deeplink by Derek SlaterEFF Staff Attorney Kevin Bankston, EFF Legal Director Cindy Cohn, and Robert Fram of Heller Ehrman LLP analyzed the huge victory in our case against AT&T in a conference call earlier today. You can find the audio here.
