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Michael Crook Agrees to Stop Attacks on Free Speech

San Francisco - Michael Crook, the man behind a string of meritless online copyright complaints, has agreed to withdraw those complaints, take a copyright law course, and apologize for interfering with the free speech rights of his targets.

The agreement settles a lawsuit against Crook filed by the Electronic Frontier Foundation (EFF) on behalf of Jeff Diehl, the editor of the Internet magazine 10 Zen Monkeys. Diehl was forced to modify an article posted about Crook's behavior in a fake sex-ad scheme after Crook sent baseless Digital Millennium Copyright Act (DMCA) takedown notices, claiming to be the copyright holder of an image used in the story. In fact, the image was from a Fox News program and legally used as part of commentary on Crook. But Crook repeated his claims and then attempted to use the same process to get the image removed from other websites reporting on his takedown campaign.

"Crook's legal threats interfered with legitimate debate about his controversial online behavior," said EFF Staff Attorney Jason Schultz. "Public figures must not be allowed to use bogus copyright claims to squelch speech."

In addition to withdrawing current complaints against Diehl and every other target of his takedown campaign and taking a copyright law course, Crook has also agreed to limit any future DMCA notices to works authored or photographed by himself or his wife, or where the copyright was specifically assigned to him. All future notices must also include a link to EFF information on his case, as well as the settlement agreement. Crook has also recorded a video statement to apologize and publicize the dangers of abusing copyright law.

"We're pleased that Crook has taken responsibility for his egregious behavior," said EFF Staff Attorney Corynne McSherry. "Hopefully, this will set a precedent to prevent future abuse of the law by those who dislike online news-reporting and criticism."

The settlement with Michael Crook is part of EFF's ongoing campaign to protect online free speech from the chilling effects of bogus intellectual property claims. EFF recently filed suit against the man who claims to have created the popular line dance "The Electric Slide" for misusing copyright law to remove an online documentary video that included footage of people trying to do the dance.

For the video statement from Michael Crook:
http://blip.tv/file/169553

For more on Diehl v. Crook:
http://www.eff.org/legal/cases/diehl_v_crook/

Contacts:

Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org

EFF Exposes Standards Jeopardizing Innovation and Consumer Rights

San Francisco - An international consortium of television and technology companies is devising draconian anti-consumer restrictions for the next generation of TVs in Europe and beyond, at the behest of American entertainment giants.

The Electronic Frontier Foundation (EFF) is the only public interest group to have gained entrance into the secretive meetings of the Digital Video Broadcasting Project (DVB), a group that creates the television and video specifications used in Europe, Australia, and much of Asia and Africa. In a report released today, EFF shows how U.S. movie and television companies have convinced DVB to create new technical specifications that would build digital rights management technologies into televisions. These specifications are likely to take away consumers' rights, which will subsequently be sold back to them piecemeal -- so entertainment fans will have to pay again and again for legitimate uses of lawfully acquired digital television content.

"DVB is abetting a massive power grab by the content industry, and many of the world's largest technology companies are simply watching," said Ren Bucholz, EFF Policy Coordinator, Americas. "This regime was concocted without input from consumer rights organizations or public interest groups, and it shows."

Despite recent record profits, American movie and television studios insist that new technologies could ruin their industry. In past battles against innovation, these same studios sued to block the sale of the VCR and the first mass-marketed digital video recorder in the U.S. Having failed in those efforts, they have now turned to creating technical standards that, when backed by law, are likely to restrict consumers' existing rights and threaten the future of technological innovation.

With DVB, the plan begun by entertainment companies in the U.S. has now gone global. EFF's report is aimed at alerting European consumer groups and consumers about the dangers posed by the proposed standards and providing informational resources for European regulators.

"DVB members' active indifference, even hostility, to user rights is shameful," said EFF Staff Technologist Seth Schoen. "When American studios ask for regulatory support for restrictions pushed through the DVB Project, public officials must stand up for consumer rights, sustain competition and innovation, and tell Hollywood to back off."

For the full report:
http://www.eff.org/IP/DVB/dvb_briefing_paper.php

EFF's 2005 Submission to the U.K. Department of Media, Sports and Culture:
http://www.eff.org/IP/DVB/dvb_critique.php

Contacts:

Ren Bucholz
Policy Coordinator, Americas
Electronic Frontier Foundation
ren@eff.org

Seth Schoen
Staff Technologist
Electronic Frontier Foundation
seth@eff.org

Patent Busting Project Wins Victory for Artists and Innovators

San Francisco - The U.S. Patent and Trademark Office (PTO) has announced it will revoke an illegitimate patent held by Clear Channel Communications after a campaign by the Electronic Frontier Foundation (EFF).

The patent -- owned by Instant Live, a company formerly owned by Clear Channel, and now owned by Live Nation -- covered a system and method of creating digital recordings of live performances. Clear Channel claimed the bogus patent created a monopoly on all-in-one technologies that produce post-concert digital recordings and threatened to sue those who made such recordings. This locked musical acts into using Clear Channel technology and blocked innovations by others.

However, EFF's investigation found that a company named Telex had in fact developed similar technology more than a year before Clear Channel filed its patent request. EFF -- in conjunction with patent attorney Theodore C. McCullough and with the help of Lori President and Ashley Bollinger, students at the Glushko-Samuelson Intellectual Property Clinic at American University's Washington College of Law -- asked the PTO to revoke the patent based on this and other extensive evidence.

"Bogus patents like this one are good examples of what's wrong with the current patent system," said EFF Staff Attorney Jason Schultz. "We're glad that the Patent Office was willing to help artists and innovators out from under its shadow."

The Clear Channel patent challenge was part of EFF's Patent Busting Project, aimed at combating the chilling effects bad patents have on public and consumer interests. The Patent Busting Project seeks to document the threats and fight back by filing requests for reexamination against the worst offenders.

"The patent system plays a critical role in business and the economy," said McCullough. "Everyone loses if we allow overreaching patent claims to restrict the tremendous benefits of new software and technology development."

For the notice from the Patent Office:
http://www.eff.org/patent/wanted/clearchannel/notice_of_intent_to_cancel.pdf

For more on EFF's Patent Busting Project:
http://www.eff.org/patent

Contacts:

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org

Theodore C. McCullough
Registered Patent Attorney
theo702000@yahoo.com

[Updated: 3/13/07]

Report Says FBI Stepped Over the Legal Line in Searches for Personal Information

Washington, D.C. - The Electronic Frontier Foundation (EFF) is calling for Congress to hold aggressive hearings on the FBI's domestic intelligence authority after the release of a Justice Department report showing the Bureau abusing its power to collect telephone, Internet, financial, credit, and other personal records about Americans without judicial approval.

Sen. Patrick J. Leahy, D-Vermont, has said the Senate Judiciary Committee will hold hearings into the report's findings. But the widespread abuse detailed in the report requires more than just a cursory examination.

"The Bureau's misuse of its intelligence authority is an ongoing critical problem," said EFF Staff Attorney Marcia Hofmann. "Congress must use its investigative power to find out what's really going on at the FBI -- and then rein in the Bureau's investigative authority to where is was before the USA PATRIOT Act."

In the report, the Justice Department's inspector general identifies four dozen instances in which demands for personal information -- known as National Security Letters -- may have violated laws and agency regulations. The report also found that the Bureau lied to Congress about its use of the letters.

The FBI has had limited authority to issue National Security Letters for many years. However, a controversial provision of the PATRIOT Act greatly expanded the Bureau's ability to use them to gather information about anyone, as long as the agency believes the information could be relevant to a terrorism or espionage investigation.

Today's report follows the inspector general's findings last year that the Bureau had disclosed more than 100 instances of possible intelligence misconduct to the Intelligence Oversight Board in the preceding two years, a number of which were "significant."

In 2005, EFF argued in a friend of the court brief that the FBI's "unfettered authority" to issue National Security Letters "is ripe for abuse." The danger of such abuse has now been documented.

"This is not simply about errors in 'oversight,'" said EFF Senior Staff Attorney Lee Tien. "This is about disregard for the law. For example, FBI terrorism investigators ignored their own lawyers' advice to stop using so-called 'exigent' letters for about two years."

For the full report from the Justice Department:
http://www.usdoj.gov/oig/special/s0703b/final.pdf

For more on National Security Letters:
http://www.eff.org/patriot/sunset/505.php

Contacts:

Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org

David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org

Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org

Mark Cuban, Fred von Lohmann to Square Off at Award Ceremony in San Diego

San Francisco - The Electronic Frontier Foundation (EFF) is pleased to announce the winners of its 2007 Pioneer Awards: Professor Yochai Benkler of Yale Law School, writer and Boing Boing co-editor Cory Doctorow, and security technologist Bruce Schneier. Mark Cuban -- HDNet Chairman and NBA Dallas Mavericks owner -- and EFF's Fred von Lohmann will debate copyright, YouTube and the future of Web 2.0 at the award ceremony.

The 16th annual Pioneer Awards will be held at 7:30pm, March 27th at the Manchester Grand Hyatt in San Diego in conjunction with the O'Reilly Emerging Technology Conference.

Professor Yochai Benkler of Yale Law School researches the effects of laws on information, knowledge, and culture in the digital world. Benkler's important contributions include a theoretical explanation of how the Internet has allowed decentralized groups to produce things like technologies and bodies of knowledge more efficiently than any centrally organized corporation or trade-based marketplace could. After the publication of Benkler's most recent book, "The Wealth of Networks," Lawrence Lessig called him "the leading intellectual of the information age."

Cory Doctorow is an activist, writer, blogger, and public speaker about copyright, digital rights management, and electronic freedom. As a co-editor of the Boing Boing blog, he highlights critical technology issues for more than a million readers a day. Doctorow has lectured around the globe and has been nominated for Hugo and Nebula Awards for his science fiction. Doctorow is currently the Canadian Fulbright Chair at the USC Center on Public Diplomacy. He was EFF's European Affairs Coordinator until December of 2005.

Bruce Schneier is an internationally renowned security technologist acclaimed for his criticism and commentary on everything from network security to national security. His books -- including the highly influential "Secrets and Lies" and "Applied Cryptography" -- his monthly newsletter, and his security blog have reached hundreds of thousands of people with candid and lucid analysis of security issues. Schneier has often testified before Congress on security policy.

"This year's award winners have all provided important analysis and criticism of our digital world, educating the public on how electronic systems really work and what it means to us and our future," said EFF Executive Director Shari Steele. "I'm thrilled to honor Yochai, Cory, and Bruce. They are truly pioneers of the electronic frontier."

Since 1991, the EFF Pioneer Awards have recognized individuals and organizations that have made significant and influential contributions to the development of computer-mediated communications and to the empowerment of individuals in using computers and the Internet. Past winners include World Wide Web inventor Tim Berners-Lee, Linux creator Linus Torvalds, science fiction writer Bruce Sterling, and Wikipedia founder Jimmy Wales, among many others.

Benkler, Doctorow, and Schneier were nominated by the public and then chosen by a panel of judges. This year's panel includes Kim Alexander (President and founder, California Voter Foundation), Esther Dyson (Internet court jester and blogger, Release 0.9; founding chairman of ICANN; former chairman of EFF), Mitch Kapor (Chair, Open Source Applications Foundation; co-founder and former chairman EFF), Drazen Pantic (Co-director, Location One), Barbara Simons (IBM Research [Retired] and former president ACM), James Tyre, (Co-founder, The Censorware Project; EFF policy fellow) and Jimmy Wales, (Founder, Wikipedia; co-founder, Wikia; chair emeritus of the Wikimedia Foundation).

The Pioneer Awards are sponsored by Sling Media, the world's leading digital lifestyle company offering consumer services and products. Sling Media's product family includes the internationally acclaimed Slingbox that allows consumers to watch and control their living room television at any time, from any location, using PCs, Macs, PDAs and smartphones. For more information on Sling Media or the Slingbox, visit www.slingmedia.com.

The Pioneer Awards are also sponsored by bronze sponsors JibJab, (www.jibjab.com) MOG, (www.mog.com) and Six Apart (www.sixapart.com)

Tickets to the Pioneer Awards ceremony and Mark Cuban's keynote address are $35. If you plan to attend, RSVP to events@eff.org. You can also pay for your tickets in advance at http://secure.eff.org/pioneerfundraiser. Members of the media interested in attending the event should email press@eff.org.

For more on attending the Pioneer Awards:
http://www.eff.org/awards/pioneer

Contact:

Katina Bishop
Associate Director of Development
Electronic Frontier Foundation
katina@eff.org

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 and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/

About ETech and O'Reilly Media

For the past five years, the O'Reilly Emerging Technology Conference has found new networked innovations before they hit the mainstream. ETech balances pie-in-the-sky theorizing with practical, real-world information and conversation. O'Reilly Media spreads the knowledge of innovators through its books, online services, magazines, and conferences. Since 1978, O'Reilly has been a chronicler and catalyst of leading-edge development, homing in on the technology trends that really matter. For more information: http://www.oreilly.com.

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EFF Lawsuit Battles Bogus Copyright Claims

San Francisco - The Electronic Frontier Foundation (EFF) filed suit today against the man who claims to have created the popular line dance "The Electric Slide," asking the court to protect the free speech rights of a videographer who captured a few steps of the dance in a documentary video he posted to the Internet.

EFF's client, Kyle Machulis, shot the video at a concert last month. In one ten-second segment, a group of fans in the audience attempts to dance part of the Electric Slide. Machulis later uploaded the video to YouTube. Within just a few days, Richard Silver, owner of www.the-electricslidedance.com, filed a takedown demand under the Digital Millennium Copyright Act (DMCA). Silver claimed he owned the copyright to the Electric Slide and that Machulis' video infringed his rights. The removal appears to be part of a broad campaign by Silver to misuse copyright allegations to prevent dancers from performing the dance "incorrectly."

"Silver's claim of copyright infringement is absurd and is a classic example of the kind of DMCA abuse that can chill Internet speech," said EFF Staff Attorney Corynne McSherry. "Even if Silver had a valid copyright in the dance--which is not at all clear--this is a fair use and not infringing."

EFF's complaint asks that the judge immediately rule that the video does not infringe any copyright owned by Silver, and that Silver cease his meritless claims towards Machulis.

"We spend a lot of time fighting the misuse of copyright law on the Internet, but this situation is particularly outrageous," said EFF Staff Attorney Jason Schultz. "With thousands of videos being uploaded to sites like YouTube every day, free speech is on the line and needs to be protected."

For the full complaint:
http://www.eff.org/legal/cases/electricslide/complaint.pdf

Contacts:

Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org

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Justice Department Withholds Records About Purported Changes to Program

Washington, D.C. - The Electronic Frontier Foundation (EFF) filed suit against the Department of Justice today, demanding records about secret new court orders that supposedly authorize the government's highly controversial electronic surveillance program that intercepts and analyzes millions of Americans' communications.

When press reports forced the White House to acknowledge the program in December of 2005, the administration claimed that the massive program could be conducted without warrants or judicial authorization of any kind. However, in January of this year, Attorney General Alberto Gonzales announced that the Foreign Intelligence Surveillance Court (FISC) had authorized collection of some communications and that the surveillance program would now operate under its approval. EFF's suit comes after the Department of Justice failed to respond to a Freedom of Information Act (FOIA) request for records concerning the purported changes in the program.

"While national security and law enforcement demand a limited amount of secrecy, Americans have the right to know the government's basic guidelines for this kind of invasive electronic surveillance of their personal communications," said EFF Senior Counsel David Sobel. "The burden is on the Justice Department to justify its failure to disclose the information we've requested."

EFF's suit demands the immediate release of the FISC orders regarding the surveillance program and any FISC rules and guidelines associated with such orders.

Today's FOIA action is separate from EFF's lawsuit against AT&T for illegally collaborating with the government's surveillance program. That suit, Hepting v. AT&T, is proceeding in U.S. District Court in San Francisco despite the government's ongoing attempts to have the case dismissed.

For the FOIA complaint filed against the Justice Department:
http://www.eff.org/flag/oipr/oipr_complaint.pdf

For more on EFF's FOIA Litigation for Accountable Government Project:
http://www.eff.org/flag/

Contact:

David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org

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EFF Asks Judge to Uphold Key Trademark Ruling

San Francisco - The Electronic Frontier Foundation (EFF) asked the U.S. 2nd Circuit Court of Appeals today to uphold an important ruling allowing anyone to purchase Google's "sponsored links" tied to trademarks, arguing that the practice is legal under trademark law and provides a vital means for online speakers to connect with audiences on the Internet.

Google's "sponsored links" feature allows customers to buy advertisements attached to certain search terms. When a Google user types those terms into the search engine, the sponsored links appear along with the search results. However, a company named Rescuecom filed a lawsuit against Google over the program, claiming that selling sponsored links for the term "Rescuecom" infringed its trademark.

In an amicus brief filed with the appeals court today, EFF argues that the sponsored links are not an infringing use, and in fact promote a vibrant public sphere by helping online speakers reach a broader audience. An example cited in the brief is that of "The Coalition of Immokalee Farmworkers," a group critical of McDonald's business practices. The coalition bought sponsored links attached to searches for "McDonald's" in order to stimulate debate and mobilize support.

"The Internet has brought together speakers of many kinds -- some competing with trademark owners, others criticizing them, still others simply referring to them while discussing other subjects or products," said EFF Staff Attorney Corynne McSherry. "Services like Google's 'sponsored links' help people with something to say reach those who might be interested in hearing it."

Rescuecom has asked the court to hold that trademark law regulates virtually any use of search keywords that are also trademarks. This would give trademark holders a legal sword to wield against critics and competitors, as well as the intermediaries upon which those critics and competitors rely to spread their message. But courts have historically taken care to ensure that trademark restrictions do not allow markholders to interfere with Constitutionally-protected free speech.

"On the Internet, trademarks aren't just identifiers. They are essential navigation tools and vehicles of expression," said EFF Staff Attorney Jason Schultz. "Quashing this speech goes against both the law and the public interest."

A judge dismissed Rescuecom's case against Google last year, but the company is appealing the decision.

For the full brief filed in Rescuecom v. Google:
http://www.eff.org/legal/cases/rescuecom_v_google/EFF_amicus.pdf

Contacts:

Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org

Government and AT&T Cannot Freeze Proceedings During Appeal

San Francisco - A federal judge today ruled that the Electronic Frontier Foundation (EFF) can go forward with elements of its class action lawsuit against AT&T for collaborating with the government on illegal spying in ordinary Americans -- despite the government and AT&T's request to freeze proceedings during an appeal.

In his ruling, U.S. District Court Judge Vaughn Walker opened the door to beginning the discovery process, allowing EFF to ask "limited and targeted" questions as long as those questions do not overlap with the issues under consideration in the 9th U.S. Circuit Court of Appeals.

"The government wanted to put this case in the deep freeze," said EFF Staff Attorney Kurt Opsahl. "Instead, the court has invited us to move forward with some targeted questions. We're glad to accept that invitation, which will allow progress while respecting the government's national security concerns."

Judge Walker also refused to implement a blanket stay on the other telecommunications surveillance cases transferred to his court. He ruled that unless the parties stipulate to a stay, then "defendants will answer or otherwise respond to the complaint" by March 29. Earlier today, Judge Walker denied requests from media groups to unseal critical evidence in the AT&T case.

"We're disappointed that the court did not choose to unseal all of the documents that include or refer to the evidence presented by Mark Klein and our expert, J. Scott Marcus. The government has already agreed that the evidence is neither classified nor a state secret, and is only being held under seal because of AT&T's weak trade secrecy claims," said Cindy Cohn, EFF's Legal Director. "Given that the privacy of millions of Americans is at stake, we strongly believe that the public would benefit from seeing this evidence for themselves."

Judge Walker did grant the media groups' request to intervene, and said he might revisit the unsealing issue at a later date.

For Judge Walker's full order:
http://www.eff.org/legal/cases/att/stayorder220.pdf

For more on EFF's case against AT&T:
http://www.eff.org/legal/cases/att/

Contacts:

Kurt Opsahl
Staff Attorney
Electronic Frontier Foundation
kurt@eff.org

Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org

Klein Declaration and Other Internal Documents to Stay Sealed for Now

San Francisco - A federal judge in San Francisco today denied requests from media groups to unseal critical evidence in the Electronic Frontier Foundation's (EFF's) class-action lawsuit against AT&T.

EFF's suit accuses the telecom giant of collaborating with the National Security Agency (NSA) in illegal spying on millions of ordinary Americans. The sealed evidence includes a declaration by Mark Klein, a retired AT&T telecommunications technician, as well as several internal AT&T documents and portions of a declaration from EFF's expert witness. Some of the evidence was previously released in redacted form, while other evidence is still completely unavailable to the media and the public.

"We're disappointed that the court did not choose to unseal all of the documents that include or refer to the evidence presented by Mark Klein and our expert, J. Scott Marcus. The government has already agreed that the evidence is neither classified nor a state secret, and is only being held under seal because of AT&T's weak trade secrecy claims," said Cindy Cohn, EFF's Legal Director. "Given that the privacy of millions of Americans is at stake, we strongly believe that the public would benefit from seeing this evidence for themselves."

Today's order is in response to a December hearing on the sealing issue. U.S. District Court Judge Vaughn Walker granted the media groups' request to intervene in the case, and said that he might revisit the unsealing motion at a later date.

For Judge Walker's full order:
http://www.eff.org/legal/cases/att/order_media_unsealing.pdf

For more on EFF's case against AT&T:
http://www.eff.org/legal/cases/att/

Contacts:

Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org

Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org