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EFFector Vol. 31, No. 11 Tuesday, July 17, 2018 editor@eff.org
A Publication of the Electronic Frontier Foundation
ISSN 1062-9424
effector: n, Computer Sci. A device for producing a
desired change.
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In our 737th issue:
* EFF Sues to Invalidate FOSTA, an Unconstitutional Internet Censorship Law
We are asking a court to declare the Allow States and Victims to Fight Online
Sex Trafficking Act of 2017 ("FOSTA") unconstitutional and prevent it
from being enforced. The law was written so poorly that it actually
criminalizes a substantial amount of protected speech and, according to
experts, actually hinders efforts to prosecute sex traffickers and aid
victims.
In our lawsuit, two human rights organizations, an individual advocate for
sex workers, a certified non-sexual massage therapist, and the Internet
Archive are challenging the law as an unconstitutional violation of the First
and Fifth Amendments. Although the law was passed by Congress for the worthy
purpose of fighting sex trafficking, its broad language makes criminals of
those who advocate for and provide resources to adult, consensual sex workers
and actually hinders efforts to prosecute sex traffickers and aid victims.
* A Key Victory Against European Copyright Filters and Link Taxes - But What's Next?
Against all the odds, but with the support of nearly a million Europeans [1],
MEPs voted earlier this month to reject [2] the EU's proposed copyright
reform—including controversial proposals to create a new "snippet" right
for news publishers, and mandatory copyright filters for sites that published
user-uploaded content.
The change was a testimony to how powerful and fast-moving net activists can
be. Four weeks ago, few knew that these crazy provisions were even being
considered. By the June 20th vote, Internet experts were weighing in [3], and
wider conversations [4] were starting on sites like Reddit.
The result was a vote on July 5th of all MEPS that culminated in a 318
against 278 vote in favour of withdrawing the Parliament's support for the
languages.
[1]
https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet
[2] https://twitter.com/EFF/status/1014815462155153408
[3]
https://www.eff.org/deeplinks/2018/06/internet-luminaries-ring-alarm-eu-copyright-filtering-proposal
[4]
https://www.reddit.com/r/europe/comments/8sgus3/copyright_update_article_11_and_13_just_passed/
Read more: https://www.eff.org/deeplinks/2018/07/key-victory-against-european-copyright-filters-and-link-taxes-whats-next
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EFF Updates
* All Hands on Deck: Join EFF
It’s easy to feel adrift these days. The rising tide of social unrest and
political extremism can be overwhelming, but on EFF's 28th birthday our
purpose has never been more clear. With the strength of our numbers, we can
fight against the scourge of pervasive surveillance, government and corporate
overreach, and laws that stifle creativity and speech. That's why we've
launched the Shipshape Security membership drive with a goal of 1,500 new and
renewing members. For two weeks only, you can join EFF for as little $20 [1]
and get special member swag that will remind you to keep your digital cabin
shipshape.
[1] https://www.eff.org/r.z9g8
https://kittens.eff.org/deeplinks/2018/07/all-hands-deck
* California's Net Neutrality Bill Is Strong Again Because You Spoke Out
After a hearing that stripped California’s gold-standard net neutrality
bill of much of its protections, California legislators have negotiated new
amendments that restore the vast majority of those protections to the bill.
The big ISPs and their money did not defeat the voices of the many, many
people who want and need a free and open Internet.
* With EFF’s Help, Language Teacher Responds to Ridiculous Patent Threat
Hodder and Stoughton [1], a large British publisher, has sent a letter to
Mihalis Eleftheriou claiming that it has rights to a patent that covers
recorded language lessons, and demanding that he stop providing online
courses. Hodder and Stoughton contends that Language Transfer infringes U.S.
Patent No. 6,565,358 [2], titled "Language teaching system." The patent
essentially covers a language lesson on tape.
EFF has sent a response to Hodder and Stoughton on Eleftheriou’s behalf. We
explain that the '358 patent is plainly invalid under the Supreme Court’s
2014 decision in /Alice v. CLS Bank [3]/. Our letter also explains that the
'358 patent is invalid as anticipated and obvious. Eleftheriou will
continue to offer free language courses to people within the United States.
We hope Hodder and Stoughton comes to its senses and abandons its absurd
demands.
[1] https://www.hodder.co.uk/
[2] https://patents.google.com/patent/US6565358
[3] https://www.eff.org/alice
https://www.eff.org/deeplinks/2018/07/effs-help-language-teacher-responds-ridiculous-patent-threat
* Don’t Give the DHS Free Rein to Shoot Down Private Drones
When government agencies refuse to let the members of the public watch what
they're doing, drones can be a crucial journalistic tool. But now, some
members of Congress want to give the federal government the power to destroy
private drones it deems to be an undefined “threat.” Even worse,
they're trying to slip this new, expanded power into unrelated, must-pass
legislation without a full public hearing. Worst of all, the power to shoot
these drones down will be given to agencies notorious for their absence of
transparency, denying access to journalists, and lack of oversight.
https://www.eff.org/deeplinks/2018/07/dont-give-dhs-free-rein-shoot-down-private-drones
* DNA Collection is Not the Answer to Reuniting Families Split Apart by Trump's "Zero Tolerance" Program
The Trump Administration's "zero tolerance" program of criminally
prosecuting all undocumented adult immigrants who cross the U.S.-Mexico
border has had the disastrous result of separating as many as 3,000 children
[1]—many no older than toddlers [2]—from their parents and family
members. The federal government doesn't appear to have kept track of where
each family member has ended up. Now politicians [3], agency officials [4],
and private companies [5] argue DNA collection is the way to bring these
families back together. DNA is not the answer. Immigrant families shouldn't
have to trade the civil rights violation of being separated from their family
members for the very real threats to privacy and civil liberties posed by DNA
collection.
[1]
http://www.latimes.com/politics/la-na-pol-separated-families-20180705-story.html
[2]
https://www.nytimes.com/2018/04/20/us/immigrant-children-separation-ice.html
[3]
https://www.mercurynews.com/2018/06/21/congresswoman-jackie-speier-asks-23andme-to-reunite-families-separated-at-border/
[4]
https://www.bloomberg.com/news/articles/2018-07-05/dna-tests-on-separated-migrant-children-raise-privacy-concerns
[5] https://theintercept.com/2018/06/27/immigration-families-dna-testing/
https://www.eff.org/deeplinks/2018/07/dna-collection-not-answer-reuniting-families-split-apart-trumps-zero-tolerance
* Should Your Company Help ICE? "Know Your Customer" Standards for Evaluating Domestic Sales of Surveillance Equipment
Tech companies, especially those selling surveillance equipment, must step up
and ensure that they aren't assisting governments in committing human
rights, civil rights, and civil liberties abuses. This obligation applies
whether those governments are foreign or domestic, federal or local.
One way tech companies can navigate this difficult issue is by adopting a
robust /Know Your Customer/ [1] program, modeled on requirements that
companies already have to follow in the export control and anti-bribery
context.
[1]
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b598042103e95c10c396b0140e0620b7&rgn=div9&view=text&node=15:2.1.3.4.21.0.1.7.22&idno=15
https://www.eff.org/deeplinks/2018/07/should-your-company-help-ice-know-your-customer-standards-evaluating-domestic
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Announcements
* Announcing EFF's New Logo (and Member Shirt)
EFF was founded 28 years ago, and during that time, EFF’s logo remained
more or less unchanged. This helped us develop a consistent identity —
people in the digital rights world instantly recognize our big red circle and
the heavy black "E." But the logo had some downsides. It’s hard to
read, doesn’t say much about our organization, and looks a bit out of date.
We are finally getting around to a new look for EFF.
https://www.eff.org/deeplinks/2018/07/effs-new-logo-member-shirt
* EFF at OSCON 2018
Join EFF at OSCON, O'Reilly's blockbuster open source event at the Portland
Convention Center. Stop by the EFF booth #P21 to learn about the latest in
the digital civil liberties movement. You can even donate to get some great
swag or become an official member! There has never been a more important time
to ensure that our rights have a defender. We hope to see you there.
https://www.eff.org/event/eff-oscon-2018
* EFF at The Circle of HOPE: A Hacker's Dozen
HOPE (Hackers on Planet Earth) returns to the Hotel Pennsylvania for its
twelfth iteration this year, hosted by our friends at 2600. The biennial
conference is one of the foremost hacker events, chock full of projects,
talks, workshops, and more. We'll have a table in the vendor area, where you
can stop by and become a member at a discount, and pick up our latest swag.
EFF staff will also be giving several talks at the conference.
https://www.eff.org/event/eff-circle-hope-hackers-dozen
* EFF at BSidesLV 2018
Join EFF at BSidesLV in the Tuscany Suites & Casino! Catch some great
information security talks and don't forget to stop by the EFF table to learn
about the latest news in the digital freedom movement.
https://www.eff.org/event/eff-bsideslv-2018
* EFF at Black Hat Briefings USA 2018
Join EFF at Black Hat Briefings! Be sure to stop by our information booth in
the Business Hall to find out about the latest developments in protecting
digital freedom. You can even sign up as an EFF member and pick up some great
swag! As in past years, EFF staff attorneys will be present to help support
the community. If you have legal concerns regarding an upcoming talk or
sensitive InfoSec research that you are conducting at any time, please email
info@eff.org [1] and we will do our best to get you the help that you need.
[1]
https://www.eff.org/event/eff-black-hat-briefings-usa-2018
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Job Openings
* Receptionist
We are seeking an organized, empathetic, and motivated individual with
excellent communication skills to join EFF as its Receptionist as a member of
our Operations Team. The Receptionist is the often the public's first point
of access at EFF. You will be performing a wide variety of tasks including
giving general information about our work, greeting and welcoming the staff
and guests, and referring people to a variety of teams within the
organization.
https://www.eff.org/opportunities/jobs/receptionist
* Legislative Activist
The legislative activist will focus on EFF's work advocating for state laws
that protect people's right to privacy, free expression, and innovation, as
well as advocating against laws that would undercut those rights. EFF
intervenes in state legislation nationwide with a particular emphasis on the
California legislature. This person will also work in other areas as needed
including national campaigns and non-legislative work.
https://www.eff.org/opportunities/jobs/legislative-activist
* Staff Technologist – JavaScript Developer
EFF is seeking a full-time Staff Technologist to work with our Browser
Extensions team as the lead developer for [1]HTTPS Everywhere.
[1] https://www.eff.org/https-everywhere
https://www.eff.org/opportunities/jobs/staff-technologist-javascript-developer
* Civil Liberties Staff Attorney
EFF is looking to hire an experienced litigator with an unshakeable sense of
justice and Fourth Amendment expertise to join our civil liberties team.
https://www.eff.org/opportunities/jobs/civil-liberties-staff-attorney
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MiniLinks
- What Iran and Russia’s Telegram Ban Means for Secure Messaging Apps
When everyone is using encryption apps, "the fact that you are using the app
at all is not an indicator that you are someone the government might be
interested in watching"—and that makes everyone safer, says EFF Staff
Technologist Erica Portnoy. (Select All)
http://nymag.com/selectall/2018/06/the-implications-of-iran-and-russias-attack-on-telegram.html
- Only 6 Non-Federal Groups Share Cyber Threat Info with Homeland Security
New DHS disclosures reveal Cybersecurity Information Sharing Act failures:
Incentives for corporate cooperation with government cybersecurity efforts
have proven unsuccessful, attracting only 6 companies to participate.
(Nextgov)
- YouTuber in Row Over Copyright Infringement of His Own Song
The copyright robots strike again. Yet another example of how automated
filters fail to recognize human context. (BBC News)
https://www.bbc.com/news/technology-44726296
- For Victims of Smart Home Abuse, There's No Easy Out
There’s no "broadly applicable security advice" for victims of domestic
abuse and harassment, says EFF’s Eva Galperin —and smart home devices can
complicate the situation even more. (Engadget)
https://www.engadget.com/2018/07/02/smart-home-abuse-no-easy-out/
- Miami's Parking App Obsession Has Unforeseen Consequences
Miami is removing parking meters, and drivers often have to use a
privately-owned third-party app instead. But a lot of people have a lot of
questions. (WLRN)
http://wlrn.org/post/miamis-parking-app-obsession-has-unforeseen-consequences
- Small Internet Providers Face a Fight for Their Lives
Consumers should be allowed to choose the ISP that they want. Major ISPs want
to make that harder. (Engadget)
https://www.engadget.com/2018/07/11/small-internet-providers-face-a-fight-for-their-lives/
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