IP: EFFector 14.08: anonymity victory; EFF Open Audio License; DeCSS

[David Farber <dave () farber net>]

     EFFector       Vol. 14, No. 8       Apr. 30, 2001     editor () eff org

    A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

   IN THE 168th ISSUE OF EFFECTOR (now with over 27,400 subscribers!):

      * EFF's Victory for Online Anonymous Speech
      * EFF Releases Public Music License to Promote Audio Freedom
      * CHIPA Internet Blocking Protest Roundup
      * BayFF On Internet Blocking Software - May 6, 2001
      * DeCSS Case to be Reviewed by Appellate Court
      * Administrivia

    For more information on EFF activities & alerts: http://www.eff.org
      _________________________________________________________________

EFF's Victory for Online Anonymous Speech

   FEDERAL COURT UPHOLDS ANONYMOUS SPEECH ON INTERNET

     For immediate release - Apr. 20, 2001

     Contact:

      Lauren Gelman, EFF Public Policy Director
      +1 202-487-0420 gelman () eff org

    Seattle -- In a precedent-setting ruling on free speech in cyberspace,
    a federal court in Seattle yesterday upheld the right to speak
    anonymously on the Internet. U.S. District Court Judge Thomas Zilly
    quashed a subpoena seeking to force an Internet service to disclose
    the identity of persons who spoke anonymously on an Internet message
    board. The American Civil Liberties Union (ACLU) and the Electronic
    Frontier Foundation (EFF) represented J. Doe, one of the anonymous
    speakers, in blocking the subpoena.

    The subpoena was filed by 2TheMart.com, Inc., which is currently
    defending itself against a class-action lawsuit alleging the company
    engaged in securities fraud. The subpoena requested that InfoSpace
    turn over the identities of 23 speakers who used pseudonyms in
    participating on the Silicon Investor Web site owned by InfoSpace.

    The ruling is the first of its kind nationally in a case involving
    anonymous speech by a third party. The case differs from many other
    Internet anonymity cases because J. Doe, who used the pseudonym
    "NoGuano," is not a party to the case, and no allegations of liability
    against Doe have been made. While Doe does maintain a Silicon Investor
    account, Doe never made any statements about 2TheMart, nor has Doe
    ever posted on Silicon Investor's 2TheMart message board.

    "This is an important ruling for free speech on the Internet. The
    court recognized that you should be able to express opinions online
    without having to worry your privacy will be invaded because of a
    lawsuit that has nothing to do with you," said Aaron Caplan, staff
    attorney for the American Civil Liberties Union, an organization with
    an 80-year history of defending freedom of speech. "You have the right
    to speak anonymously on an Internet bulletin board just as you have
    the right to distribute a leaflet using a pseudonym," added Caplan.
    Caplan argued the case on behalf of J. Doe before the Court.

    "By ruling for Doe, Judge Zilly has sent a clear message that the
    courts will not tolerate lawsuits designed to chill online speech,"
    said Lauren Gelman, director of public policy for the Electronic
    Frontier Foundation, a civil liberties organization working to protect
    rights in the digital world. "We hope that this decision will force
    companies to think twice before they issue subpoenas, and encourage
    users to step forward and protect their rights if they receive a
    subpoena."

    The ACLU and EFF argued that the Court should adopt the same test
    currently used to determine whether to compel identification of
    anonymous sources of journalists or members of private organizations.
    Under that test, the Court must first determine whether the person
    seeking the protected private information (in this case 2TheMart.com)
    has a genuine need for the information in the context of the case and
    cannot discover the information any other way. If so, the Court must
    then balance the harm to the anonymous speakers against the
    plaintiff's need to discover the identity of the speaker. Anonymity
    should be preserved unless the identity of the anonymous person is
    clearly shown to be of central importance to the case. In his ruling,
    Judge Zilly said that the information sought by the subpoena clearly
    was not central to the case of 2TheMart.com.

    2TheMart.com was a fledgling company that intended to launch an online
    auction house. After its stock price plunged in 1999, a number of
    investors sued for securities fraud, alleging that the company had
    misled them about its prospects. Like many Internet start-ups,
    2TheMart.com had a number of people who chatted about the company on
    investor-related bulletin boards. One of these bulletin boards was
    operated by Silicon Investor, a Web site now owned by Seattle-based
    InfoSpace. The postings were made under 23 different user names,
    including "The Truthseeker," "Edelweiss," and "NoGuano."

    J. Doe was represented by ACLU staff attorney Aaron Caplan and Cindy
    Cohn, legal director for EFF. InfoSpace also submitted a brief
    supporting the right of its users to speak anonymously, and Brent
    Snyder of Perkins Coie argued the case before Judge Zilly on behalf of
    InfoSpace.

    The briefs may be found at the EFF Web site at
    http://www.eff.org
    and the ACLU Web site at
    http://www.aclu-wa.org.

    An opinion will be published in the case and will be posted on the Web
    sites when it is available.

      _________________________________________________________________


EFF Releases Public Music License to Promote Audio Freedom

   Artists and Audiences Strike New Deal to Protect Public Commons

     For Immediate Release - April 21, 2001

     Contact:

      Robin Gross, EFF Staff Attorney for Intellectual Property,
      +1 415-863-5459
      robin () eff org

    New York -- The Electronic Frontier Foundation (EFF) introduced a new
    tool designed to empower both artists and audiences at the New York
    Music & Internet Expo on April 21, 2001. As part of its Campaign for
    Audiovisual Free Expression (CAFE), EFF's Open Audio License allows
    anyone to freely copy, share, perform, and adapt music in exchange for
    providing credit to the artist for her gift to humanity.

    EFF's Open Audio License enables musicians and society to build upon
    and share creative expression creating a rich public commons. Artists
    who chose to release a song under the public license can build their
    reputation by offering unfettered access to their orginal works in
    exchange for recognition. Open Audio works are designated as "(O)" by
    the author and may be lawfully traded on file-sharing systems such as
    Napster or played by traditional and Web DJs royalty-free. Numerous
    musicians have traditionally taken advantage of super-distribution of
    their music, such as the Grateful Dead, a band that attributes much of
    its success to its encouragement of fans to freely copy and share
    their music.

    "EFF's Open Audience License hopes to use the power of copyright to
    protect copyright's ultimate objectives a vibrant and accessible
    public domain, incentivising creativity, and promoting the free
    exchange of ideas," said EFF Staff Attorney for Intellectual Property
    Robin Gross. "EFF's public music license strikes a new deal between
    creators and the public, granting more freedoms to the public to
    experience music while ensuring the artist is compensated."

    The online civil liberties group launched CAFE in June 1999 to address
    complex social and legal issues raised by new technological measures
    for protecting intellectual property. EFF believes that new
    intellectual property laws and technologies harm - nearly eliminate -
    the public's fair use rights, and make criminals of people doing
    perfectly legitimate things.

    To read EFF's Open Audio License & supporting documents, see:
    http://www.eff.org/IP/Open_licenses

    For more information on EFF's CAFE campaign, see:
    http://www.eff.org/cafe

    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

      _________________________________________________________________


CHIPA Internet Blocking Protest Roundup

       Electronic Frontier Foundation Media Release

   Nationwide Protests Counter CHIPA Internet Blocking Law

     Growing Opposition to Internet Blocking in Schools and Libraries

     FOR IMMEDIATE RELEASE - Friday, April 20, 2001

     Contacts:

      Will Doherty, EFF Online Activist / Media Relations
      +1-415-436-9333 x111
      wild () eff org

      Katina Bishop, EFF Offline Activist,
      +1-415-436-9333 x101
      katina () eff org

    April 20, 2001 -- A spirited crowd of activists opposed to Internet
    blocking protested, some of them chanting in pouring rain today,
    against implementation of Congressionally-mandated Internet blocking
    in schools and libraries. The protests took place in Pleasanton,
    California, and Long Island, New York, as well as in "blackouts" of
    websites supportive of the action.

    Berkeley City Council member Kriss Worthington spoke at the Pleasanton
    protest stating, "Our schools and libraries must be the safety net to
    make education available through the Internet. CHIPA's cybernet
    censorship is unconstitutional, un-American, and unacceptable."

    Worthington was joined by Jim Schmidt of San Jose State University,
    who served on the Congressional Child Online Protection Act (COPA)
    Commission; Will Doherty, Online Activist at the Electronic Frontier
    Foundation and Executive Director of the Online Policy Group; and by
    Lisa Maldonado, Field Director, American Civil Liberties Union of
    Northern California.

    Maldonado commented, "The government is trying to strangle the free
    flow of information on the Internet to those library patrons who need
    it the most. CHIPA would widen the 'digital divide' that already
    exists between those who can afford Internet access at home and those
    who rely on their public library for Internet access."

    "The government-mandated requirement for Internet blocking in schools
    and libraries violates the free expression rights of American, adults
    and minors alike," explained Will Doherty, EFF Online Activist. "We
    must protest Congressionally-mandated Internet blocking because it
    censors Constitutionally-protected materials, stunts the intellectual
    growth of American children, and weighs unfairly on disadvantaged and
    'controversial' communities."

    Internet blocking technologies underblock what they are supposed to
    block and overblock what they are not supposed to block. They rely on
    subjective control from software product companies many of whom
    exhibit clear political and religious biases, rather than relying on
    local communities to decide for themselves. The products are
    error-prone, vulnerable, problematic, and unfairly discriminatory,
    denying access to constitutionally protected and educationally
    important materials that schools and libraries would otherwise
    provide. Government-mandated censorship does not solve problems better
    handled through local decision making and educational efforts.

    The Pleasanton protest place at offices of the Federal Communications
    Commission because it is the agency tasked by Congress with
    enforcement of the Children's Internet Protection Act (CHIPA a.k.a.
    CIPA) blocking law.

    EFF, along with co-sponsors such as the Online Policy Group
    (www.onlinepolicy.org )and the American Civil Liberties Union (
    http://www.aclunc.org ), called the protests to demonstrate the
    growing public opposition to Internet blocking in schools and
    libraries.

    Protests or celebrations will occur on some or all of the following
    dates:
      * Summer 2001 - The United States District Court, Eastern District
        of Philadelphia, will make a decision on the CHIPA challenge filed
        by the American Civil Liberties Union (ACLU), the Electronic
        Frontier Foundation (EFF), the American Library Association (ALA),
        and others.
      * July 1, 2001 - By this date US schools and libraries must comply
        with CHIPA in order to get "year four" e-Rate discounts
        administered by the Federal Communications Commision.
      * October 28th, 2001 - By this date US schools and libraries must
        certify their compliance with CHIPA to the Federal Communications
        Commission (FCC)

    If you are interested in organizing a protest in you local area,
    please send email to:
     freespeech () eff org

    More information on the Internet blocking protests is available on the
    EFF website at:
     http://www.eff.org/Censorship/Censorware

    The Electronic Frontier Foundation ( http://www.eff.org ) 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 websites in the
    world.

      _________________________________________________________________


BayFF on Internet Blocking Software - May 6, 2001

       Electronic Frontier Foundation Media Advisory

     Contact:

      Katina Bishop, EFF Offline Activist,
      +1-415-436-9333 x101
      katina () eff org

   Join the Electronic Frontier Foundation (EFF) in a Panel Discussion on
   Internet Blocking in Schools and Libraries

    WHO: Electronic Frontier Foundation: Will Doherty, Online Activist,
    and Lee Tien, Senior Staff Attorney; James C. Hormel Gay and Lesbian
    Center: Jim Mitulski; N2H2: David Burt, Market Researcher; San
    Francisco Board of Supervisors: Mark Leno; San Francisco Public
    Library: Susan Hildreth; Santa Clara University: Tom Shanks, Ph.D,
    Professor.
    WHAT: "BayFF" Panel Discussion on Internet Blocking in Schools and
    Libraries: Law, Litigation, and Community Response
    WHEN: Sunday, May 6, 2001 at 2:00 PM Pacific Time
    WHERE: San Francisco Public Library
    Room: Koret Auditorium
    100 Larkin Street
    San Francisco, CA 94102
    Tel: 415-557-4400 (for directions only)

    This event is free and open to the general public.

    With the United States Congress' passage of legislation requiring the
    use of Internet blocking technologies in all public schools and
    libraries participating in certain federal programs, it has become
    clear that these schools and libraries are facing a variety of
    challenges.

     Panelists:

    Will Doherty is the Electronic Frontier Foundation's Online Activist.
    He spearheads online outreach and grassroots organizing on EFF's
    pioneering work to protect Internet free speech and privacy rights.
    Doherty also currently serves as Founder and Executive Director of the
    Online Policy Group, dedicated to "one Internet with equal access for
    all." Doherty has designed and implemented Internetstrategies and
    websites for many nonprofit community and advocacy organizations

    David Burt is currently employed as a market researcher and analyst at
    N2H2, a leading Internet filtering company. Mr. Burt joined N2H2 in
    April, 2000 after nearly three years as president of Filtering Facts,
    an organization devoted to the study and promotion of Internet content
    management software.

    Susan Hildreth - Susan Hildreth is the City Librarian for the San
    Francisco Public Library. She has served as both Acting City Librarian
    and Deputy City Librarian since July 1998. She has previously worked
    with the California State Library, the Sacramento Public Library, the
    Placer County Library and other public libraries in northern
    California. She is active in both the American Library Association and
    the California Library Association and is an advocate for the
    library's role as a provider of all types of information for all
    users.

     Other Participants:

    The panel will be moderated by Tom Shanks.
    Tom Shanks, Ph.D., is Senior Fellow in Business and Public Policy at
    the Markkula Center for Applied Ethics and Associate Professor of
    Communication at Santa Clara University in Santa Clara, California. He
    is also a Senior Scholar with the Washington, D.C., Ethics Resource
    Center. Shanks is a nationally-recognized expert in ethical
    decision-making and has conducted workshops and teaching seminars on
    ethics and values for corporate and nonprofit leaders, business and
    professional organizations, educators, engineering professionals,
    health care providers, and students.

    Lee Tien is a senior staff attorney at the Electronic Frontier
    Foundation, a non profit public-interest organization based in San
    Francisco. He specializes in free speech law, including intersections
    with intellectual property law and privacy law. Before joining EFF, he
    also litigated FOIA cases. He has published articles on children's
    sexuality and information technology, anonymity, surveillance, and the
    First Amendment status of computer software.

    Mark Leno is a member of the San Francisco Board of Supervisors. He
    recently introduced a Board resolution that prohibits the use of
    Internet blocking software on computers owned by the City or County of
    San Francisco.

    This event is sponsored by: Electronic Frontier Foundation, San
    Francisco Public Library, James C. Hormel Gay and Lesbian Center,
    Friends and Foundation of the San Francisco Public Library, Online
    Policy Group, and Mark Leno, Member of Board of Supervisors, San
    Francisco.

    The San Francisco Public Library is located across the street from the
    Civic Center BART/Muni stop. For directions to the event, you can use
    free services like http://www.mapquest.com or http://maps.yahoo.com to
    generate driving directions or maps. For CalTrain and Muni directions,
    please call their information lines. You can subscribe to receive
    future BayFF annoucements. To subscribe, email majordomo () eff org and
    put this in the text (not the subject line):
     subscribe bayff

    Continuing over 10 years of defending civil liberties online, EFF
    presents a series of monthly meetings to address important issues
    where technology and policy collide. These meetings, entitled "BayFF",
    (Bay-area Friends of Freedom), kicked off on July 10, 2000, and will
    continue on a monthly basis.

    For more information, see:
    The Electronic Frontier Foundation:
    http://www.eff.org

    BayFF Meetings Info Page:
    http://www.eff.org/bayff

    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 Websites in the world:
    http://www.eff.org

      _________________________________________________________________


DeCSS Case to be Reviewed by Appellate Court

       Electronic Frontier Foundation Media Advisory

   Free Speech on Trial in DVD Fair Use Case

     FOR IMMEDIATE RELEASE

     Contact:

      Cindy Cohn, Legal Director
      +1-415-505-7621
      cindy () eff org

    April 26, 2001 -- In a case involving free speech rights and fair use
    of DVDs, the 2nd Circuit Court of Appeals will hear the appeal of 2600
    Magazine in Universal v. Remeirdes at 10:00 a.m. on May 1, 2001. The
    hearing will be held in Courtroom 506 of the United States Courthouse
    at 40 Centre Street (at Foley Square) in Manhattan, New York City.

    Dean Kathleen Sullivan of Stanford Law School will argue the case on
    behalf of the magazine. 2600 Magazine will hold a short press
    conference immediately after the hearing in Foley Square Plaza,
    directly across from the courthouse.

    The case arises from 2600 Magazine's publication of and linking to a
    computer program called DeCSS in November, 1999 as part of its news
    coverage about DVD decryption software. DeCSS decrypts movies on DVDs
    that have been encrypted by a computer program called CSS. Decryption
    of DVD movies is necessary in order to make fair use of the movies as
    well as to play DVD movies on computers running the Linux operating
    system, among other uses.

    Universal Studios, along with other members of the Motion Picture
    Association of America, filed suit against the magazine in January
    2000 seeking an order that the magazine no longer publish the program.

    The Studios object to the publication of DeCSS because they claim that
    it can be used as part of a process to infringe copyrights on DVD
    movies.

    In the case, formally titled Universal v. Remeirdes, et. al., the
    District Court granted a preliminary injunction against publication of
    DeCSS on January 20, 2000. By August 2000, after an abbreviated trial,
    the Court prohibited 2600 Magazine from even linking to DeCSS.

    2600 has appealed the trial court's ruling.

    More information about this case is available on the EFF website at:
http://eff.org/IP/Video/MPAA_DVD_cases/20010319_ny_eff_appeal_reply_brief.html

    The Electronic Frontier Foundation ( http://www.eff.org ) 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 websites in the
    world.

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