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Eff Newsletter - June 26, 2006

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#1 tg1911


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Posted 29 June 2006 - 03:09 PM

EFFector Vol. 19, No. 23 June 26, 2006 editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

In the 384th Issue of EFFector:

* EFF Battles Government's Motion to Dismiss AT&T
Surveillance Case
* DoJ Reports on Criminal IP Enforcement
* EFF Seeks Staff Technologist
* Support EFF Through Goodsearch.com
* miniLinks (9): Bill Gates' "Piracy" Confession
* Staff Calendar
* Administrivia

For more information on EFF activities & alerts:

Make a donation and become an EFF member today!

Tell a friend about EFF:

effector: n, Computer Sci. A device for producing a desired

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* EFF Battles Government's Motion to Dismiss AT&T
Surveillance Case

Judge Hears Arguments on 'State Secrets Privilege' and
Customer Privacy

San Francisco - The Electronic Frontier Foundation (EFF)
told a federal judge Friday that the government should not
be allowed to use the "state secrets privilege" to preempt
the class-action lawsuit against AT&T.

EFF's suit accuses AT&T of collaborating with the National
Security Agency (NSA) in illegally spying on millions of
Americans -- handing over customers' telephone and Internet
records and communications without any legal authority.
Department of Justice lawyers argued Friday that even if
the NSA program is illegal, pursuing the case might expose
"state secrets." However, EFF attorneys asked the judge to
allow the case to proceed, considering the privilege in
regards to specific evidence and situations instead of
derailing the suit all together.

"We have shown that AT&T is diverting traffic wholesale to
the NSA," said EFF Staff Attorney Kurt Opsahl. "It is not
a secret, and it is no reason to deny AT&T customers the
opportunity to show the court that this dragnet
surveillance program violates the law and their privacy

U.S. District Judge Vaughn Walker also heard motions to
dismiss from AT&T Inc. and AT&T Corp. Additionally, Walker
heard requests from media groups to intervene and unseal
critical evidence filed in the lawsuit.

"We can be safe, secure, and keep within the rule of law,"
said EFF Staff Attorney Kevin Bankston. "Our legal system
demands that the court decide whether this wholesale
surveillance program is proper."

For more on the AT&T lawsuit:

For this release:

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* DoJ Reports on Criminal IP Enforcement

This week the Department of Justice issued a 100-page
"progress report" measuring its activities in the
intellectual property arena (copyright, trademark, patents,
trade secrets). This "progress report" is fascinating
reading, describing the DoJ's current enforcement
priorities in the intellectual property realm.

The feds have been staffing up on cybercrime generally,
with more than 230 attorneys working either as CHIP
Coordinators or directly assigned to CHIP Units. The
number of CHIP Units around the country, moreover, has
nearly doubled from 13 to 25 since 2004. (CHIP Units are
specially-trained federal cybercrime prosecutors
concentrated in a particular region.) CCIPS has also
grown, with 35 attorneys, 14 of which are exclusively
devoted to prosecuting IP crimes. (Based in Washington DC,
CCIPS is DoJ's "brain trust" on cybercrime.)

The report mentions several high-profile copyright
enforcement actions, including the colorfully named
Operations Gridlock, Copycat, and Western Pirates. All of
the featured copyright prosecutions involve commercial
piracy or large-scale "release groups." (Notably
overlooked was the federal indictment in Nashville of two
Ryan Adams fans for uploading a few tracks from pre-release
promotional CDs.)

The report details a wide variety of new international
initiatives, including pressuring countries in treaty
negotiations, developing an international "24/7 network" of
law enforcement contacts for computer crime cases, and
adding DoJ "attaches" in Asia and Eastern Europe.

The report endorses the proposed Intellectual Property
Protection Act, which would dramatically expand the scope
of criminal copyright infringement, adding attempt
liability, conspiracy liability, and asset forfeiture. As
we've discussed previously, these proposals are an outrage,
effectively allowing the feds to put people in jail without
having to prove that any actual copyright infringement ever
took place.

All of this suggests that we can expect to see a marked
increase in criminal IP cases being brought by the DoJ.

For the full DoJ "progress report":

For more analysis:

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* EFF Seeks Staff Technologist

EFF is seeking a fulltime Staff Technologist to work in our
Mission District office in San Francisco.

EFF works in that difficult space where law and technology
collide. Unlike other nonprofit law firms, EFF is known
for our technical expertise. Along with our webmaster and
sysadmin, EFF's tech staff includes a couple of
technologists who translate technical issues to two major
audiences: 1) EFF attorneys, who need to understand the
specifics of how technology works in order to do their
legal work and 2) the general public, which looks to EFF to
explain what's really going on in non-technical jargon.

The staff technologist job includes being part of
litigation teams, writing white papers, attending technical
meetings, public speaking, preparing evidence or
declarations to be presented to courts, and working with
the rest of EFF's staff. Technical expertise is absolutely
required, as is great writing skill and a healthy respect
for deadlines. As part of the tech team, the staff
technologist will sometimes be asked to pitch in and assist
with whatever tech issue happens to be causing a problem at
the moment. A willingness to be a team player is a must.
The job requires some travel.


* Bachelor's degree in electrical engineering, computer
science or a related technical field (mathematics, physics,
etc.), or equivalent experience;

* Strong writing and public speaking skills. Must have
technical writing sample(s) illustrating the explanation of
a technical topic to an intelligent lay audience;

* Detailed knowledge of and experience using and
programming for at least one computer operating system;

* Detailed knowledge of and experience using at least one
(preferably low-level) programming language, such as C;

* Knowledge of or willingness to learn about information
security topics such as cryptography and digital rights
management (DRM); and

* Familiarity with Internet architecture and network

In addition, the ideal candidate will have:

* Experience with radio frequency technologies and

* Detailed knowledge of the Microsoft Windows platform
(development, debugging, reverse engineering, etc.);

* Hardware engineering experience;

* System administration or system programming experience;

* Experience presenting at technical conferences.

Yearly salary is $45,000 plus benefits. To apply, send a
cover letter and your resume to stafftech@eff.org. Please
send these materials in a non-proprietary format. No phone
calls please! Principals only.

For this job description:

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* Support EFF Through GoodSearch.com

GoodSearch.com is a new search engine that donates half its
revenues to charities, schools, and nonprofits designated by
its users. Before doing a search, simply enter "Electronic
Frontier Foundation" in the "I'm Supporting" box, and your
searches will contribute to our cause. And check out the
site on June 29, when EFF will be the featured Charity of
the Day.


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* miniLinks
miniLinks features noteworthy news items from around the

~ Bill Gates' "Piracy" Confession
Billg watches unauthorized videos on YouTube. Perhaps he
was escorted from the premises, after all?

~ EFF in Business 2.0's People Who Matter
Next time we'll beat Oprah...

~ AT&T Rewrites Rules: Your Data Isn't Yours
The perils of privacy policies, as spotted by the SF

~ Twelve Minutes of Script Is Enough to Sue
Hollywood studio files injunction over short film based on
tiny part of leaked Oliver Stone script.

~ Podcasters' Rights and the WIPO Broadcast Treaty Petition
Podcasters from around the world are joining up to stop the

~ Is the NSA Spying on U.S. Internet Traffic?
Salon investigates rumors of NSA taps at the heart of the
domestic Net.

~ Public Policy and the XBox Hackers
Ed Felten asks what place the law should have in the battle
to install Linux on the Xbox.

~ UK Music Label Petitions to Stop Music Industry
A fine companion to EFF's Stop the RIAA Petition.

~ Template for News Stories on Government Data Gathering
REPEAT UNTIL (fixed OR (privacy == nil))

~ Alleged MPAA Hacker Named
TorrentSpy reveals the identity of Canadian who says he was
paid by MPAA to infiltrate their systems.

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* Staff Calendar

For a complete listing of EFF speaking engagements (with
locations and times), please visit the full calendar:

June 27-29 -
Staff Attorney Kurt Opsahl speaking at the National Fair
Housing Policy Conference in Anaheim, CA.

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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)

Guest editor:
Rebecca Jeschke, Media Coordinator

Membership & donation queries:

General EFF, legal, policy, or online resources queries:

Reproduction of this publication in electronic media is
encouraged. Signed articles do not necessarily represent
theviews of EFF. To reproduce signed articles individually,
please contact the authors for their express 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:

This newsletter is printed on 100% recycled electrons.
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#2 Klinkaroo


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Posted 30 June 2006 - 04:38 PM

Lol... Billy confessed to watching a pirated movie... even after he puts so much effort in keeping people from pirating Windows... (wich doesn't seem to be working...)

Edited by Klinkaroo, 30 June 2006 - 04:38 PM.

#3 rms4evr


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Posted 30 June 2006 - 06:07 PM

~ Bill Gates' "Piracy" Confession
Billg watches unauthorized videos on YouTube. Perhaps he
was escorted from the premises, after all?

That's beautiful. :thumbsup: Simply beautiful!

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