EFF seeks stories about digital border searches

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: EFFector List <editor () eff org>
Date: Tue, Feb 7, 2017 at 6:44 PM
Subject: EFF seeks stories about digital border searches
To: David Farber <dave () farber net>


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If You've Experienced a Digital Border Search, Tell Us Your Story
<https://www.eff.org/deeplinks/2017/02/invasive-digital-border-searches-tell-eff-your-story>

Following President Trump’s confusing executive order on terrorism and
immigration, there have been reports that border agents at airports were
searching the cell phones of passengers arriving from the Middle East,
including U.S. permanent residents. We’re concerned that this indicates an
expansion of the already invasive digital practices of U.S. Customs and
Border Protection, so we’re asking for your digital border search stories.

Searching through Americans’ social media data and personal devices
intrudes upon both First and Fourth Amendment rights
<https://www.eff.org/deeplinks/2017/01/fear-materialized-border-agents-demand-social-media-data-americans>.
As part of our work to combat what we believe to be unconstitutional
practices at the border, and to better understand how the Trump
Administration’s new policies may be changing border practices, we would
like to hear your stories.

Please let us know if a U.S. official at the border examined your cell
phone, laptop, or other digital device; asked for your device’s passcode or
ordered you to unlock or decrypt it; or asked for your social media
handles. We would like to hear from everyone, but especially if you are a
citizen or permanent resident (green card holder) of the United States.
Ethiopian Hacking Case Continues in Court
<https://www.eff.org/deeplinks/2017/02/can-foreign-governments-launch-malware-attacks-americans-without-consequences>

Can foreign governments spy on Americans in America with impunity? That was
the question in front of the U.S. Court of Appeals for the District of
Columbia Circuit last week, when EFF and others went to court in *Kidane v.
Ethiopia*.

Despite the numerous issues on appeal, the argument focused on whether U.S.
courts have jurisdiction to hear a case brought by an American citizen for
wiretapping and invasion of his privacy that occurred in his living room in
suburban Maryland. As we've argued, the question of whether U.S. courts can
provide a remedy to an American who was wiretapped shouldn't turn on where
the eavesdropper was sitting, but rather where the actual wiretapping
occurred.

Ethiopia's lawyer took the position that the country should be able to do
anything to Americans in America, even set off a car bomb, as long as
Ethiopia didn’t have a human agent in the United States. One judge asked
what would happen if Ethiopia mailed a letter bomb into the United States
to assassinate an opponent, or hacked an American's self-driving car,
causing it to crash. Ethiopia didn't hesitate: their counsel said that they
could not be sued for any of those.
The Supreme Court's Digital Rights To-Do List
<https://www.eff.org/deeplinks/2017/02/digital-rights-issues-horizon-supreme-court>

The Supreme Court already has a list of digital civil liberties issues to
consider in the near future, and that list is likely to grow. If confirmed,
President Donald Trump’s nominee to fill the late Justice Antonin Scalia’s
seat on the Supreme Court—Judge Neil Gorsuch of the U.S. Court of Appeals
for the Tenth Circuit—will be in a position to make crucial decisions
affecting our basic rights to privacy, free expression, and innovation.

On the privacy front, the Supreme Court is being asked to consider a pair
of cases dealing with law enforcement obtaining cell phone location
records: the *U.S. v. Graham* ruling out of the Fourth Circuit Court of
Appeals and the *U.S. v. Carpenter* out of the Sixth Circuit Court of
Appeals. On free speech, the court is set to hear arguments on *Packingham
vs. North Carolina* and consider the constitutionality of a North Carolina
law that bans registered sex offenders from using online social media
platforms that minors also access.

When it comes to intellectual property issues, the court has agreed to hear
arguments in a case centered around where patent infringement lawsuits can
be brought and arguments in a case about whether a patent holder can put
limits on how a customer can use, resell, tinker with, or analyze a
patented product a customer has purchased. The court is also being asked to
hear arguments in cases that consider how copyright holders should be held
accountable for unreasonable infringement claims and whether the Patent
Office's appeals board uses the correct standard when determining
obviousness of issued patents.
EFF Updates

News and Government Sites Switch to HTTPS
<https://www.eff.org/deeplinks/2017/01/victories-encrypting-web-news-and-goverment-sites-switch-https>

The last year has seen enormous progress in encrypting the web. Two
categories in particular have made extraordinary strides: news
sites—including Wired, BuzzFeed, The New York Times, and The Guardian—and
U.S. government sites.The common thread between the news industry’s huge
progress and the federal government’s huge progress in deploying HTTPS?
Metrics. Reports like like EFF’s 2013 Encrypt the Web Report
<https://www.eff.org/encrypt-the-web-report>, the General Service
Administration's Pulse <https://pulse.cio.gov/>, and Freedom of the Press
Foundation's Secure the News <https://securethe.news/> provide important
insight into how much progress is being made and an incentive for
individual sites to improve.

California Advances Bills to Protect Residents Data from Federal Government
<https://www.eff.org/deeplinks/2017/02/california-bills-safeguard-privacy-federal-government-pass-committee>

The California Senate recently moved forward with two new state bills that
would create a database firewall between California and the federal
government. One, S.B. 54, would prevent law enforcement agencies in
California from sharing department databases or private information with
the federal government for immigration enforcement and would require state
agencies to update their confidentiality polices so that they stop
collecting or sharing unnecessary data about every Californian. Another,
S.B. 31, would prevent local and state government agencies from collecting
data, sharing data, or using resources to participate in any program that
would create a registry of people based on their religion, ethnicity, or
national origin.

We Want a Copyright Office that Serves the Public
<https://www.eff.org/deeplinks/2017/02/we-want-copyright-office-serves-public>

The Copyright Office, and those who lead it, should serve the public as a
whole, not just major media and entertainment companies. In comments to the
leadership of the House Judiciary Committee this week, we told Congress
that if it restructures the Copyright Office, it has to put in safeguards
against the agency becoming nothing more than a cheerleader for large
corporate copyright holders.

Federal Court Says Public Safety Laws Can Be Locked Behind Paywalls
<https://www.eff.org/deeplinks/2017/02/federal-court-rules-against-publicresourceorg-says-public-safety-laws-can-be>

Everyone should be able to read the law, discuss it, and share it with
others, without having to pay a toll or sign a contract. Unfortunately, a
federal district court has recently said otherwise, ruling that private
organizations can use copyright to control access to huge portions of our
state and federal laws. In its ruling, the court ordered
Public.Resource.Org—which
posts public documents, including regulations created through private
standards organizations and later made into law—to stop providing public
access to these key legal rules.

Copyright Alert System Closure Leaves Questions
<https://www.eff.org/deeplinks/2017/02/its-end-copyright-alert-system-we-know-it>

The Copyright Alert System has called it quits, but questions remain about
what, if anything, will replace the private agreement between several large
Internet service providers (ISPs) and big media and entertainment
companies. That agreement allowed the media and entertainment companies to
monitor those ISPs' subscribers' peer-to-peer network traffic for potential
copyright infringement, and imposed penalties on subscribers accused of
infringing. EFF had serious concerns with the program from the start, and
we welcome its retirement. But we’re not celebrating just yet.

An Unsatisfying Update on Operation Choke Point
<https://www.eff.org/deeplinks/2017/02/documents-about-financial-censorship-under-operation-choke-point-concern-congress>

EFF recently received dozens of pages of documents in response to a FOIA
request we submitted about Operation Choke Point, a Department of Justice
project to pressure banks and financial institutions into cutting off
service to certain businesses. While Operation Choke Point was purportedly
aimed at shutting down fraudulent online payday loan companies, we became
concerned that this campaign could also affect legal online businesses.
Unfortunately, the response from the Department of Justice leaves many
questions unanswered.
miniLinks

Judges Split on Data Stored Abroad
<http://www.reuters.com/article/us-google-usa-warrant-idUSKBN15J0ON>

A federal judge has ordered Google to turn over users' emails stored in
servers located abroad in compliance with search warrants, despite the fact
that a federal court said last year that Microsoft did not have to turn
over data stored abroad, Reuters reports.

Behind the Scenes at the FBI
<https://theintercept.com/series/the-fbis-secret-rules/>

The Intercept does a deep dive into the largely-unknown rules governing the
FBI.

Cyber Executive Order Delayed
<https://www.bloomberg.com/politics/articles/2017-01-31/trump-delays-signing-cyber-order-to-focus-on-immigration-suit>

President Donald Trump delayed the signing of an executive order that was
reportedly aimed at bolstering the federal government's cybersecurity
protections, according to Bloomberg.
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Announcements

Job Opening: Technology Projects Manager / Technology Projects Director
<https://www.eff.org/opportunities/jobs/technology-projects-manager-technology-projects-director>

EFF is seeking an experienced project or engineering manager to join our
Technology Projects team. The team is responsible for many of EFF's
externally visible technical products—including the HTTPS Everywhere and
Privacy Badger browser extensions—working with a very large coalition of
external organizational and open source collaborators, and provides
computer science expertise and leadership to the rest of EFF. This role
would manage and support 3-6 of our team members and guide strategy in some
of our project areas.

Job Opening: Staff Technologist/Senior Staff Technologist
<https://www.eff.org/opportunities/jobs/staff-technologist-senior-staff-technologist>

EFF is seeking applicants for the position of Staff Technologist or Senior
Staff Technologist to join our Technology Projects team. A Staff
Technologist would be responsible for being the lead developer for one of
our browser extensions, such as Privacy Badger, which are used by millions
of people. The candidate would be responsible for updates, bug fixes, new
features, promotion, and community management of the project.

Hacked Democracy
<https://www.eff.org/event/hacked-democracy-chicago-council-global-affairs>

EFF Executive Director Cindy Cohn will be participating on a panel held by
The Chicago Council on Global Affairs on cyber-surveillance powers and
threats to civil liberties and democracy.


*February 8, 2017 Chicago, IL*

I Can Hear You Now
<https://www.eff.org/event/digital-privacy-balancing-consumer-privacy-rights-business-and-government-access>

EFF staff attorney Andrew Crocker will appear on a panel entitled “I Can
Hear You Now: Balancing Consumer Privacy Rights to Digital Data with
Business and Government Access”


*February 13, 2017 Santa Clara, CA*

International Students for Liberty Conference
<https://www.eff.org/event/eff-intl-students-liberty-conference>

EFF's Shahid Buttar will participate in the tenth annual International
Students for Liberty Conference, where he'll host a session exploring "Mass
Surveillance: Defense, Offense, and Why Nothing Less than Democracy is at
Stake."


*February 19, 2017 Washington, DC*
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