EFFector 16.20: Party in the Park at EFF's Freedom Fest; Pac Bell Sues RIAA Over P2P Subpoenas

[Dave Farber <dave () farber net>]

> Date: Mon, 4 Aug 2003 21:29:58 -0700 (PDT)
> From: Effector List <alerts () action eff org>
> To: farber () cis upenn edu
> Subject: EFFector 16.20: Party in the Park at EFF's Freedom Fest; Pac Bell 
> Sues RIAA Over P2P Subpoenas
>
> EFFector         Vol. 16, No. 20         August 4, 2003         ren () eff org
>
> A Publication of the Electronic Frontier Foundation          ISSN 1062-9424
> In the 259th Issue of EFFector:
>
>     * Party in the Park at EFF's Freedom Fest 2003!
>     * Pacific Bell Sues Recording Industry for Customer Privacy
>     * Congress Considers Bill to Protect Privacy of Citizens
>     * New Maritime Security Regulations Threaten Civil Liberties
>     * Network Solutions Inc. Screwed Up Sex.com Domain Dispute
>     * Deep Links (6): Steven Levy on Pirates of the Internet
>     * Staff Calendar: 8.7.03 - John Gilmore at Chaos Computer Club Camp
>     * Administrivia
>
> For more information on EFF activities & alerts:
>   <http://www.eff.org/>
>
> To join EFF or make an additional donation:
>   <http://www.eff.org/support/>
>
> EFF is a member-supported nonprofit. Please sign up as a member today!
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> *  Party in the Park at EFF's Freedom Fest 2003!
>
> The Electronic Frontier Foundation is proud to host EFF's Freedom Fest 2003
> on Saturday, August 9, from Noon to 5pm at Golden Gate Park's Music
> Concourse Bandshell.  This free event will showcase an eclectic lineup of
> performers, including award-winning Bay Area musicians and an array of
> other talented artists.
>
> Hosted by EFF's John Perry Barlow, the afternoon is a celebration of Bay
> Area talent and an opportunity for them to share their music.
>
> "The day is to celebrate freedom, and we can't think of a better way to do
> that than through free music and variety performances in Golden Gate Park,"
> said EFF Executive Director Shari Steele.  "We're thrilled to have such an
> impressive lineup for this event. It's truly a reflection of the caliber of
> talent that resides here in the Bay Area."
>
> Rock to Reggae
> EFF's Freedom Fest 2003 will feature a diverse musical lineup, including:
> ~ Box Set, the clown princes of folk rock <www.boxset.com>
> ~ Noelle Hampton, award-winning rock diva <www.noellehampton.com>
> ~ Austin Willacy, rock, pop and soul crooner <www.austinwillacy.com>
> ~ Colin McGrath, singer, strummer, arranger <www.colinmcgrath.com>
> ~ Lasana Bandele, the "Storitela" from Jamaica <www.lasanabandele.com>
>
> The performers that were selected for this year's event represent an
> extraordinary combination of Bay Area artists, many of whom have earned
> critical acclaim and become nationally recognized acts.
>
> "I've known about EFF and its pursuit of digital rights for years," said
> Tommy Boy/Warner Bros recording artist, Austin Willacy.  "When they
> approached me about performing at EFF's Freedom Fest 2003, it struck me as
> a great way to both share my music with Bay Area residents and educate the
> community about EFF and all the great work they're doing on our
> behalf."
>
> In addition to the musical performers, EFF's Freedom Fest 2003 will also
> feature a variety of other performers, including:
> ~ Ashley Foster, the One Wheeled Wonder
> ~ Willy Bologna and his Sideshow Circus
> ~ Frantastic Hands, chair massage
> ~ Art Table with Eleanor
> ~ Cat Hare, juggler extraordinaire
> ~ Technomania Circus, vaudeville and variety performers
> <www.technomaniacircus.com>
>
> KFOG 104.5/97.7 morning radio host Peter Finch will be making a special
> appearance at the event to introduce the bands and host the KFOG booth.
> Concert attendees can stop by to meet folks from the critically-acclaimed
> rock station and enter the EFF Freedom Fest 2003 Contest.
>
> Links
> More details on EFF's Freedom Fest 2003:
> <http://www.eff.org/freedomfest/>
>
> For more information please contact:
> katina () eff org
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * Pacific Bell Sues Recording Industry for Customer Privacy
>
> Electronic Frontier Foundation Supports ISP Resistance
>
> San Francisco - The Electronic Frontier Foundation applauds a lawsuit
> brought by Pacific Bell Internet Services on July 31 against three
> organizations that are manipulating copyright laws to violate the privacy
> of ISP customers.
>
> The case concerns 97 subpoenas directed to Pacific Bell over the past two
> weeks. The Recording Industry Association of America (RIAA) has issued
> thousands of subpoenas to various ISPs, seeking the identity of music fans
> who use peer-to-peer (P2P) file sharing networks.
>
> The lawsuit alleges that the RIAA, along with MediaForce, a company that
> issues millions of "cease-and-desist" letters to ISPs, and Titan Media, a
> gay-themed adult entertainment company, have distorted certain provisions
> of the Digital Millenium Copyright Act (DMCA) in an attempt to force
> Pacific Bell to breach its customers' privacy.
>
> Pacific Bell seeks a declaration from the court that any further subpoenas
> and cease-and-desist letters for peer-to-peer file sharing activity must
> follow some court-established safeguards ensuring that there is some
> evidence of illegal activity before divulging personal information about
> ISP customers.
>
> "The misuse of the subpoena process by an adult entertainment company
> emphasizes the potential for abuse with insufficient privacy protections in
> the law," explained EFF Legal Director Cindy Cohn. "Without vetting by any
> court, companies can issue subpoenas that disclose the identities of
> targeted individuals and link their names to gay-themed adult porn, making
> it impossible for them to regain their privacy later even if the
> allegations are patently false."
>
> This case highlights the privacy problems that led over 44 organizations to
> join with EFF in opposing the subpoena process in a similar case involving
> Verizon in Washington, DC, currently pending before a federal appeals
> court.
>
> "The DC Court dismissed our concerns about subpoena process abuse as
> premature," added EFF Staff Attorney Gwen Hinze. "The California Court will
> have an opportunity to consider critical privacy concerns in light of the
> thousands of subpoenas the RIAA has issued as a clear abuse of the subpoena
> process."
>
> The RIAA's crusade has already drawn the concerned attention of Congress.
> Senator Norm Coleman (R-MN) recently announced an investigation into the
> issuance of the subpoenas and the threatened lawsuits.
>
> EFF applauds both Pacific Bell and Senator Coleman and urges concerned
> citizens to learn more about ways to make filesharing legal while getting
> artists paid at our Let the Music Play Campaign.
>
> Links
> For this release:
> <http://www.eff.org/IP/P2P/20030731_eff_pr.php>
>
> Complaint in Pacific Bell v. RIAA case:
> <http://www.eff.org/IP/P2P/PacBell_v_RIAA.pdf>
>
> RIAA v. The People:
> <http://www.eff.org/IP/P2P/riaa-v-thepeople.php>
>
> RIAA v. Verizon case archive:
> <http://www.eff.org/Cases/RIAA_v_Verizon/>
>
> Story about Senator Norm Coleman's inquiry:
> <http://www.wired.com/news/politics/0,1283,59862,00.html>
>
> EFF Let the Music Play campaign:
> <http://www.eff.org/share/>
>
> Check the RIAA Subpoena Database:
> <http://www.eff.org/IP/P2P/riaasubpoenas/>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * Congress Considers Bill to Protect Privacy of Citizens
>
> Penalties Proposed for Negligent Uses of Federal Databases
>
> Washington, DC - On July 29, Senator Ron Wyden (D-OR) introduced to the
> U.S. Congress the Citizens' Protection in Federal Databases Act (CPFDA), a
> bill requiring federal agencies that collect personal information to report
> what information they collect and how they intend to use the information.
>
> The CPFDA bill would require federal agencies to report on accountability
> mechanisms for federal agents who maliciously or negligently enter or
> misuse personal information they gather and would forbid federal agencies
> from conducting searches based on hypothetical scenarios or suppositions.
>
> "The Electronic Frontier Foundation (EFF) supports efforts to protect
> privacy in the use of information by federal agencies," said EFF Washington
> Policy Liaison Lisa Dean. "Increased national security also comes from
> restrictions to ensure appropriate information gathering and measures to
> protect personal information stored in federal databases."
>
> Once passed, federal agencies would have to report to Congress before
> obtaining funding for purchases of commercial databases. Within 60 days of
> the bill's passage, the agencies would have to report to Congress on use of
> existing databases.
>
> In addition to EFF, the Electronic Privacy Information Center (EPIC),
> Center for Democracy and Technology (CDT), the American Civil Liberties
> Union (ACLU), and the Free Congress Foundation have expressed support for
> the CPFDA legislation.
>
> Links
> For this release:
> <http://www.eff.org/Privacy/20030729_eff_pr.php>
>
> Citizens' Protection in Federal Databases Act as proposed:
> <http://www.eff.org/Privacy/cpfda.php>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * New Maritime Security Regulations Threaten Civil Liberties
>
> Electronic Frontier Foundation Defends Traveler Privacy
>
> San Francisco - On July 31, The Electronic Frontier Foundation (EFF) on
> asked the Department of Homeland Security to reconsider new regulations
> authorizing maritime vessel owners, such as cruise ship operators, to
> subject their passengers to indiscriminate I.D. checks and invasive
> searches.
>
> EFF, together with cosigners PrivacyActivism, Privacy Rights Clearinghouse,
> and travel writer Edward Hasbrouck, argued that the Department of Homeland
> Security's interim regulations on maritime vessel security raise
> significant concerns for individuals' privacy, civil liberties, and the
> freedom to travel guaranteed by the U.S.
> Constitution.
>
> "Under these new rules, cruise ship passengers must produce I.D. and submit
> to a full search in order to board, while remaining subject to searches and
> demands for their 'papers' throughout the trip," noted EFF Attorney and
> Equal Justice Works Fellow Kevin Bankston. "I.D. checking and invasive
> searches are quickly becoming the norm for every mode of public
> transportation, and if this trend continues, Americans will soon be unable
> to exercise their right to travel without first surrendering their right to
> privacy."
>
> PrivacyActivism Executive Director Deborah Pierce added, "Given the lack of
> any demonstrated security benefit from indiscriminate I.D. checking, the
> Department of Homeland Security's new regulations are a wholly unwarranted
> invasion of traveler privacy."
>
> Links
> For this release:
> <http://www.eff.org/Privacy/Surveillance/20030731_eff_pr.php>
>
> EFF and cosigner comments on maritime vessel security
> regulations:
> <http://www.eff.org/Privacy/Surveillance/20030731_maritime_id_comments.php>
>
> Department of Homeland Security's maritime vessel security
> regulations:
> <http://a257.g.akamaitech.net/7/257/2422/14mar20010800/
> edocket.access.gpo.gov/2003/pdf/03-16188.pdf>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * Network Solutions Inc. Screwed Up Sex.com Domain Dispute
>
> Court Confirms Domain Registries Must Protect Public
>
> San Francisco - On July 28, A federal appeals court ruled that Internet
> domain names are personal property, so domain registry Network Solutions,
> Inc. (NSI) can be held responsible for transferring the domain name Sex.com
> to an unauthorized party.
>
> The decision agreed with a "friend-of-the-court"  brief, filed last year by
> the Electronic Frontier Foundation (EFF), that asked the Ninth Circuit
> Court of Appeals to hold NSI responsible for mistakes the domain registry
> made while overseeing domain names.
>
> "NSI and other domain name registries are a critical part of the
> architecture that keeps the Internet running," said EFF Staff Attorney
> Jason Schultz. "The court's Sex.com decision provides Internet domain
> registrants with protection from inappropriate domain name seizures."
>
> The case arises from NSI's actions in taking the Sex.com domain name from
> appellant Gary Kremen and giving the domain to another Internet user who
> presented NSI with fraudulent information.
>
> VeriSign Inc. acquired NSI after the legal case was filed.
>
> Links
> For this advisory:
> <http://www.eff.org/Spam_cybersquatting_abuse/Cybersquatting/Kremen_v_NSI/
> 20030725_eff_pr.php>
>
> Court decision in Sex.com (Kremen v NSI) case:
> <http://www.eff.org/Spam_cybersquatting_abuse/Cybersquatting/Kremen_v_NSI/
> 20030725_opinion.php>
>
> Documents related to Sex.com (Kremen v NSI) case:
> <http://www.eff.org/IP/Internet_address_disputes/Kremen_v_NSI/>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * Deep Links
> Deep Links features noteworthy news items, victories, and threats
> from around the Internet.
>
> ~ Steven Levy on Pirates of the Internet
> Check out this lucid editorial on the RIAA's war:
> <http://www.msnbc.com/news/944690.asp?cp1=1>
>
> ~ Antispam Bills: Worse Than Spam?
> Sometimes a legislative cure is worse than the disease:
> <http://www.wired.com/news/politics/0,1283,59840,00.html>
>
> ~ Now in French: How Not To Get Sued By The RIAA For File-Sharing
> Many thanks to Julien for the translation:
> <http://www.droit-ntic.com/news/afficher.php?id=166>
>
> ~ RIAA Names New Chief
> And boy is Mitch Bainwol excited: "What could be more rewarding than
> helping to promote two  great American traditions: music and property
> rights?"  Hmmm... how about sending people into bankruptcy and peddling
> legislation that could turn 60+ million Americans into felons?  Does that
> sound rewarding, Mitch?
> <http://reuters.com/newsArticle.jhtml?type=industryNews&storyID=3173482>
>
> ~ Onion Infographic on File-Sharing
> Almost work-safe, totally hilarious:
> <http://www.theonion.com/onion3929/infograph_3929.html>
>
> ~ Court Says Sydney University Must Roll on Students
> Identifying data was overwritten in routine backups, but the school now has
> to hand over the tapes and pay for the music industry's data recovery
> costs.  Read more here:
> <http://research.yale.edu/lawmeme/
> modules.php?name=News&file=article&sid=1179>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * Staff Calendar
> For a complete listing of EFF speaking engagements (with
> locations and times), please visit:
> <http://www.eff.org/calendar/>
>
> ~ August 7-9 - John Gilmore at Chaos Computer Club Camp, near Berlin,
> Germany "Lessons Learned as a Cyber-Rights NGO:"
> <http://www.ccc.de/camp/2003/index.en.html>
>
> . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : .
>
>
> * 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:
> Ren Bucholz, Activist
>   ren () eff org
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