EFFector Vol. 20, No. 3 January 17, 2007 editor@eff.org
A Publication of the Electronic Frontier Foundation
ISSN 1062-9424
In the 409th Issue of EFFector:
- Action Alert - Tell Congress to Keep DRM out of
Radio!
- Spocko, KSFO, and the Blogosphere's Allergy to Copyright
Thuggery
- The Good, the Bad, and the DRMed at the Consumer
Electronics Show 2007
- Another Step Towards Cable Set-Top Competition
- Felten: Next Gen DVD DRM Will Be Broken Wide Open A
DMCA Takedown Tale With a Twist
- Feds Shut Down E-voting Certification Lab
- EFF's Sweet 16 Party a Success!
- Time Running Out -- Nominate a Net Pioneer Now for EFF's
2007 Awards!
- miniLinks (16): Pentagon and CIA Spying on US Credit
Records
- Administrivia
For more information on EFF activities & alerts:
http://www.eff.org/
Make a donation and become an EFF member today!
http://eff.org/support/
Tell a friend about EFF:
http://action.eff.org/site/Ecard?ecard_id=1061
effector: n, Computer Sci. A device for producing a desired
change.
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* Action Alert - Tell Congress to Keep DRM out of Radio!
The new Congress has barely begun, but the major record
labels are already up to their old tricks. Sen. Dianne
Feinstein has re-introduced the PERFORM Act, a backdoor
assault on your right to record off the radio. Satellite
and digital radio stations as well as Internet webcasters
would have to adopt digital rights management (DRM)
restrictions or lose the statutory license for broadcasting
music.
Letters from constituents like you helped beat this
dangerous proposal last year -- take action now to block it
again:
http://action.eff.org/site/Advocacy?id=221
This bill aims to hobble TiVo-like devices for satellite
and digital radio. Such devices would be allowed to include
"reasonable recording" features, but that excludes choosing
and playing back selections based on song title, artist, or
genre. Want to freely move recordings around your home
network or copy them to the portable player of your choice?
You'll be out of luck if PERFORM passes.
This bill would also mess with Internet radio. Today,
Live365, Shoutcast, streaming radio stations included in
iTunes, and myriad other smaller webcasters rely on MP3
streaming. PERFORM would in effect force them to use DRM-
laden, proprietary formats, so you can say goodbye to
software tools like Streamripper that let you record
programming to listen to it later.
Tell your representatives to oppose the PERFORM Act now:
http://action.eff.org/site/Advocacy?id=221
Learn more about the bill:
http://www.eff.org/deeplinks/archives/005078.php
Learn more about related bills:
http://www.eff.org/IP/digitalradio/
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* Spocko, KSFO, and the Blogosphere's Allergy to Copyright
Thuggery
Over the past year, a self-described "fifth-tier blogger"
who publishes under the pseudonym Spocko posted audio clips
of what he deemed to be offensive and violent talk radio
rhetoric from ABC-owned and San Francisco-based KSFO-AM. He
apparently succeeded in encouraging several advertisers to
pull their ads from the station. ABC-corporate struck back,
sending a vague, threatening letter to his hosting company,
1&1 Internet, which promptly shut him down instead of
standing up for his rights. (Spocko, now back online,
subsequently moved his business to Computer Tyme, a host
with more backbone.)
EFF has agreed to defend Spocko if he is sued by ABC or
KSFO over their allegations of copyright infringement, but
it more than likely won't come to that. As ABC's lawyers
know, the brief audio clips posted on Spocko's blog are
classic examples of protected fair use. That important
detail -- and the fact that KSFO's corporate counsel
misrepresented Spocko's legal position in a briefly
successful attempt to snuff out his blog -- are
conspicuously absent from KSFO's discourse these days, at
least so far.
And now the station has begun arguing (ironically enough)
that criticism of its content amounts to censorship. Last
week, Morgan blasted Spocko and his "stalker friends on the
Internet" who, according to Morgan, are trying to "take
away our free speech rights."
Sorry, KSFO. Not quite.
While such radio personalities certainly have a right to
air their views, the First Amendment says nothing about a
right to advertiser-subsidized speech. Even if advertisers
choose to pull their ads because Spocko has a more
convincing argument -- even if advertiser revenue dries up
completely and shows are cancelled -- it doesn't
necessarily follow that anyone's free speech rights have
being violated. Rough and tumble speech is often protected
speech nonetheless, as KSFO well knows, and the
"marketplace of ideas" promoted and protected by the First
Amendment frequently results in definite winners and
losers. KSFO, quick to call out the attack lawyers yet slow
to respond to the concerns of advertisers, is rapidly
embracing that loser mantle.
For the original version of this post and related links:
http://www.eff.org/deeplinks/archives/005071.php
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* The Good, the Bad, and the DRMed at the Consumer
Electronics Show 2007
Last week, EFF blogged live from the Consumer Electronics
Show (CES), searching for the latest fair use technologies
that are either in danger, or nonexistent, thanks to legal
threats from the entertainment industry.
Great gadgets for your music collection were all over CES:
servers that stream to devices throughout your house, slick
portable players and music cell phones, place-shifting
software that lets you -- and your friends -- hear your
collection from any computer, and much more. But if you
want to do more with your DVD collection or your HD cable
subscription, you can basically forget about it:
http://www.eff.org/deeplinks/archives/005064.php
http://www.eff.org/deeplinks/archives/005065.php
Fortunately, some clever new devices that rely on the
analog hole can still help you get more from your digital
video:
http://www.eff.org/deeplinks/archives/005066.php
While Hollywood continues locking down your media, perhaps
it's starting to get the message that fans abhor digital
rights management (DRM) restrictions. Disney's CEO Bob Iger
delivered a keynote jam-packed with multimedia glitz, but
here's the line that got the spontaneous audience applause:
"The best way to combat piracy is to bring content to
market on a well-timed, well-priced basis":
http://www.eff.org/deeplinks/archives/005062.php
Meanwhile, Consumer Electronics Association chief Gary
Shapiro opened the convention with a call to update
copyright laws so that consumer rights and innovation are
properly protected:
http://www.eff.org/deeplinks/archives/005061.php
For an audio recap of what went down, check out EFF's Line
Noise podcast:
http://www.eff.org/deeplinks/archives/005077.php
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* Another Step Towards Cable Set-Top Competition
Way back in 1996, Congress directed the Federal
Communications Commission (FCC) to foster useful,
competitive alternatives to cable providers' proprietary
set-top boxes. As we saw at CES, several alternatives that
rely on CableCARD technology are finally coming to market,
and now the FCC has taken another step towards putting them
on a more level competitive playing field.
Last week, the FCC denied Comcast's request for a permanent
waiver from the "integration ban," which in effect forces
cable providers to rely on CableCARD in their own set-top
boxes. Without the ban, providers would be able to continue
pushing their own proprietary set-top boxes on customers,
treating CableCARD devices (such as TiVo Series 3 HD) like
second-class citizens. The ban had been delayed twice
before due to cable industry pressure and will go into
effect on July 1.
Unfortunately, CableCARD devices are DRM-laden, but
consumers could face even worse DRM if cable providers'
set-tops were the only game in town. Set-top competition
should help hold the DRM in check as well as bring more
features and lower prices to consumers.
EFF, Public Knowledge, and a coalition of public interest
groups recently asked the FCC to reject the cable
providers' requests. Also, over 2000 people have used EFF's
Action Center to file comments with the FCC and support
set-top competition.
The FCC did grant two more limited requests from other
cable providers, but Chairman Kevin Martin stated at CES
that, "I think the commission should be saying no to some
of the largest carriers [requesting 'blanket waivers' of
the integration ban]."
Keep the letters to the FCC coming by visiting EFF's Action
Center now:
http://action.eff.org/cablecard
For this post and related links:
http://www.eff.org/deeplinks/archives/005070.php
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* Felten: Next Gen DVD DRM Will Be Broken Wide Open
HD-DVD and Blu Ray discs haven't been on the market for
long, but a tool called BackupHDDVD is already available to
help users evade the discs' DRM. Is this tool the end of
the AACS encryption scheme, or will the movie studios be
able to repair the hole? Computer security experts Ed
Felten and Alex Halderman have the answer in a series of
posts that puts in layman's terms how AACS works and how it
might be attacked.
The bottom line: "[BackupHDDVD] isn't a big deal by itself,
but it is the first step in the meltdown of AACS."
For the series on BackupHDDVD:
http://www.freedom-to-tinker.com/?p=1104
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* A DMCA Takedown Tale With a Twist
Time and again, we've seen the Digital Millennium Copyright
Act (DMCA) takedown process abused to censor legitimate
speech. It's not everyday that one of these stories ends
with a quote like this:
"I would like to make it clear that I regret filing DMCA
claims in this case, because the real issue at hand wasn't
at all about copyright."
Those are the words of Guntram Graef, the husband of Second
Life businesswoman Anshe Chung. Several weeks ago, Graef
sent a DMCA takedown notice to YouTube, which was hosting a
video of other Second Life users harassing Chung in the
virtual world. The video, no matter how offensive to Graef
or Chung, clearly didn't violate any of their copyrights,
yet YouTube promptly removed it from the system.
The DMCA takedown process invites this kind of abuse. You
don't need a proven copyright infringement claim to fire
off a cease-and-desist letter and have online speech
immediately taken down. Most online speakers don't have the
resources to defend themselves, especially when facing
enormous monetary damages if sued when they counter-notice
under the DMCA.
Fortunately, Graef realized his error and apologized, as
detailed in an interview with CNET. Hopefully others will
learn from his story and think twice before pulling the
DMCA trigger without first getting solid legal advice on
its appropriateness. Ultimately, stories like these
demonstrate the need for better checks and balances in the
DMCA takedown process. Without them, we can only expect the
situation for online speech to get worse.
For this post and related links:
http://www.eff.org/deeplinks/archives/005080.php
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* EFF's Sweet 16 Party a Success!
Thanks to everyone who attended EFF's Sweet 16 party
Thursday night! The event at the 111 Minna Gallery to
celebrate our 16th year was packed with hundreds of civil
libertarians and digital luminaries. In addition to having
fun and mingling with our many beloved supporters, EFF
raised several thousand dollars in cash donations. As an
added bonus, we had the pleasure of receiving a check in
the amount of $3561 from Laughing Squid founder Scott
Beale. The outpouring of support proves we'll be here for
many more years, fighting to defend your digital rights.
You can watch speeches from Legal Director Cindy Cohn and
Chairman of EFF's Board Brad Templeton at the party here:
http://www.youtube.com/watch?v=lFziGF5vAXA
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* Time Running Out -- Nominate a Net Pioneer Now for EFF's
2007 Awards!
EFF established the Pioneer Awards to recognize leaders on
the electronic frontier who are extending freedom and
innovation in the realm of information technology. This is
your opportunity to nominate a deserving individual or
group to receive a Pioneer Award for 2007.
The International Pioneer Awards nominations are open both
to individuals and organizations from any country.
Nominations are reviewed by a panel of judges chosen for
their knowledge of the technical, legal, and social issues
associated with information technology.
How to Nominate Someone for a 2007 Pioneer Award:
You may send as many nominations as you wish, but please
use one email per nomination. Please submit your entries
via email to pioneer@eff.org. We will now accept
nominations until January 30, 2007.
Simply tell us:
1. The name of the nominee,
2. The phone number or email address or website by which
the nominee can be reached, and, most importantly,
3. Why you feel the nominee deserves the award.
Nominee Criteria:
There are no specific categories for the EFF Pioneer
Awards, but the following guidelines apply:
1. The nominees must have contributed substantially to the
health, growth, accessibility, or freedom of computer-based
communications.
2. To be valid, all nominations must contain your reason,
however brief, for nominating the individual or
organization and a means of contacting the nominee. In
addition, while anonymous nominations will be accepted,
ideally we'd like to contact the nominating parties in case
we need further information.
3. The contribution may be technical, social, economic, or
cultural.
4. Nominations may be of individuals, systems, or
organizations in the private or public sectors.
5. Nominations are open to all (other than current members
of EFF's staff and board or this year's award judges), and
you may nominate more than one recipient. You may also
nominate yourself or your organization.
6. Persons or representatives of organizations receiving an
EFF Pioneer Award will be invited to attend the ceremony at
EFF's expense.
More on the EFF Pioneer Awards:
http://www.eff.org/awards/pioneer/
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* miniLinks
The week's noteworthy news, compressed.
~ Pentagon and CIA Spying on US Credit Records
Uses special "non-compulsory" national security letters to
spy on US citizens, but "does not use the specific term
National Security Letter."
http://abcnews.go.com/Politics/wireStory?id=2793547
~ Singapore WiFi Thieving Teen Sentenced To 18 Month
Probation
Seventeen year-old boy punished for using neighbor's WiFi.
http://techdirt.com/articles/20070116/115327.shtml
~ The Coming Age of MP3
A nice summary of the growing meme that the music industry
is abandoning DRM.
http://blog.seattlepi.nwsource.com/buzz/archives/110543.asp
~ VirginMega adopts DRM-free MP3s on its Music Store
... starting with France, where the first major DRM online
music store has switched over.
http://www.djing.com/news/1926/virginmega-adopts-drm-free-mp3s-on-its-music-store/
~ HD DVD Hits the Darknet
It's 19GB, but it's there. It's "Serenity," the movie with
the release tagline of "Can't Stop the Signal." Uh, yeah.
http://gizmodo.com/gadgets/home-entertainment/first-pirated-hd-dvd-movie-weighs-in-at-19gb-229031.php
~ Canadians to Use Their Own No-Fly List
Now all Robert Michel will be banned, as well as Robert
Michaels.
http://blog.wired.com/27bstroke6/2007/01/canadians_impor.html
~ What to Look for in 2007 in Canadian Copyright
Canada's other hitlist: a flurry of IP legislation.
http://excesscopyright.blogspot.com/2007/01/what-to-look-for-in-2007-in-canadian.html
~ Beyond Broadcast 2007, February 24
Berkman, MIT, and Yale announce their annual conference on
what happens
next in media.
http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=2553
~ Repeat PERFORMance
Bill Patry looks at the return of PERFORM, and Senator
Sununu's attempt to cut the video and audio flags at the
FCC pass.
http://williampatry.blogspot.com/2007/01/repeat-performance.html
~ Gadgets and Credit Cards Track Every Move of an Average
American
A day in the life of today's casual, unspoken high-tech
surveillance.
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/15/AR2007011501304_pf.html
~ Will Universal Music Sue Apple?
Industry rumor suggests that Universal's self-described
"kamikaze" CEO Doug Morris will divebomb Apple to get a cut
of iPod sales.
http://www.ipdemocracy.com/archives/2007/01/16/#002248
~ Work, Blog for Free Speech
Global Voices, the nonprofit group dedicated to the
international blogging community, has a job vacancy for a
part-time Advocacy Director.
http://rconversation.blogs.com/rconversation/2007/01/global_voices_s.html
~ Up with Uploading
Susan Crawford notes the problems with assymetric consumer
download/upload rates in a peer-to-peer, user-generated
world.
http://scrawford.blogware.com/blog/_archives/2007/1/15/2652993.html
~ FBI Discovers Webcams, Freaks Out
The authorities get nervous about webcams showing public
airports.
http://techdirt.com/articles/20070115/101253.shtml
~ Yahoo! Music Sees a Collecting Society Future
Plucked from the NYT's anti-DRM piece: "David Goldberg
[head of Yahoo! Music] said he believes that ... all
portable players will have wireless broadband capability
and will provide direct access, anytime, anywhere, to every
song ever released for a low monthly subscription fee."
http://www.nashvillescene.com/blog/nashvillecream/archives/00000437.shtml
~ ATI Brings CableCARD to the PC with Digital Cable Tuner
Unfortunately still choked with DRM. As one commentator
notes, "Buying this product is like a mouse buying a maze
for its cheese."
http://arstechnica.com/news.ars/post/20070109-8576.html
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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/
Editor:
Derek Slater, Activist
derek@eff.org
Membership & donation queries:
membership@eff.org
General EFF, legal, policy, or online resources queries:
information@eff.org
Reproduction of this publication in electronic media is
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the views of EFF. To reproduce signed articles
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permission.
Press releases and EFF announcements & articles may be
reproduced individually at will.
Current and back issues of EFFector are available via the
Web at:
http://www.eff.org/effector/
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