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EFF: EFF to Court: Don’t Let Private Organizations Control Access to the Law

EFF to Court: Don’t Let Private Organizations Control Access to the Law Public.Resource.Org has one simple mission: to improve public access to government documents, including our laws. Public Resource believes—and EFF agrees—that everyone should be able to read, analyze, and share the laws that govern us, without having to pay a gatekeeper or sign a contract. Sounds uncontroversial, right? Not for the standards organizations that sued Public Resource, claiming that they have the right to control access to a huge chunk of the law because they convened the people who drafted it. As a practical matter, the core issue is how these particular laws became legal mandates. In these cases, the works started out as voluntary standards on topics like fire safety, energy efficiency, and test design. Those once-voluntary standards were then adopted as binding law by various city, state, and federal agencies through “incorporation by reference.” When a standard is incorporated “by reference,...

EFF: Submit Your FOIA Horror Stories for The Foilies 2020

Submit Your FOIA Horror Stories for The Foilies 2020 Calling all transparency advocates, investigative journalists, and assorted FOIA punks! It’s once again time to submit your nominations for The Foilies—EFF’s annual, tongue-in-cheek awards for outrageous, ridiculous, and infuriating responses to public records requests.  Each year during Sunshine Week (March 15-21, 2020), EFF publishes The Foilies to shine light on all the manifold ways that authorities thwart the public’s right to examine government records. These might include exorbitant fees, excessive redactions, or even the arrest of reporters for simply asking for documents. We also often highlight some of the sillier mistakes, like that time the CIA misspelled its own name on its FOIA response envelopes.  Some of last year’s winners included:  The Unnecessary Box Set Award - Central Intelligence Agency The Unreliable Narrator Award - President Donald Trump, the U.S. Department of Justice and U.S. ...

EFF: alt.interoperability.adversarial

alt.interoperability.adversarial Today, we are told that the bigness of Big Tech giants was inevitable: the result of "network effects." For example, once everyone you want to talk to is on Facebook, you can't be convinced to use another, superior service, because all the people you'd use that service to talk to are still on Facebook. And of course, those people also can't leave Facebook, because you're still there. But network effects were once a double-edge sword, one that could be wielded both by yesterday's Goliaths and today's Davids. Once, network effects made companies vulnerable, just as much as they protected them. The early, pre-graphic days of the Internet were dominated by Usenet, a decentralized, topic-based discussion-board system that ran on UUCP -- AT&T's Unix-to-Unix Copy utility -- that allowed administrators of corporate servers to arrange for their computers to dial into other organizations' computers and exchan...

EFF: Alice Doesn’t Block Good Patents, It Protects the Public By Requiring Real Invention

Alice Doesn’t Block Good Patents, It Protects the Public By Requiring Real Invention Leaders of the Senate IP Subcommittee have been working, for nearly a year now, on producing some kind of legislation to weaken Section 101 of the Patent Act. Their proposal would throw out all the case law based on Section 101, including the Alice decision, which has been especially critical for keeping bogus software patents out of the system . They held three days of hearings on the Senate floor in June, but still haven’t presented a bill detailing the changes they want to make.  As we’ve explained before, weakening Section 101’s protections would be a disaster for innovation , and encourage patent trolls to squeeze money from small businesses. To support their claims that the law needs to be changed, patent maximalists say that the sky is falling, claiming that Section 101 is stopping important inventions from getting patented. But more patents are being issued than ever before—we’re on...

EFF: Equifax Data Breach Update: Backsliding

Equifax Data Breach Update: Backsliding After Equifax’s calamitous 2017 data breach, its settlement with the Federal Trade Commission (FTC) and the private attorneys representing victims appears to offer two potential remedies to all 147 million American consumers affected: free credit monitoring, or if individuals already had free credit monitoring, an up to $125 cash payment. The FTC directed consumers affected by the breach to a third-party website where they could quickly and easily file their claim. At the time, EFF tepidly commented on the settlements’ efforts to compensate consumers. But we also noted that the $125 payments would come from a $31 million fund, meaning that if all 147 million victims chose the payment, each person’s payment would be reduced on a pro rata basis to as little as 21 cents each. Indeed. Less than one week after it announced the settlement, the commission began encouraging consumers to forego the monetary compensation in favor of free credit...

EFF: Federal Court Rules Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

Federal Court Rules Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional Government Must Have Reasonable Suspicion of Digital Contraband Before Searching People’s Electronic Devices at the U.S. Border BOSTON—In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional. The ruling came in a lawsuit, Alasaad v. McAleenan , filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts,  on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry. “This ruling significantly advances Fourth Amendment protections for millions of international travelers who enter the United States every year,” said Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Techn...

EFF: EFF Sues DHS to Obtain Information About the Agency’s Use of Rapid DNA Testing on Migrant Families at the Border

EFF Sues DHS to Obtain Information About the Agency’s Use of Rapid DNA Testing on Migrant Families at the Border Refusing to Provide DNA Carries Threat That Children Will Be Separated from Families San Francisco—The Electronic Frontier Foundation (EFF) sued the Department of Homeland Security (DHS) today to obtain information that will shine a light on the agency’s use of Rapid DNA technology on migrant families at the border to verify biological parent-child relationships. In a Freedom of Information Act (FOIA) complaint filed today in federal court in San Francisco, EFF asked a judge to require DHS to disclose information about the agency’s deployment of Rapid DNA systems, including the number of individuals whose DNA has been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships. The lawsuit also seeks training materials, consent forms and privacy statements given to families, and locations of DHS’s Rapid DNA pi...