Law
New laws and the legal issues surroinding them.

 


















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  Tuesday, March 13, 2007


Today, consumers can digitally record their favorite television shows, move recordings to portable video players, excerpt a small clip to include in a home video, and much more. The digital television transition promises innovation and competition in even more great gadgets that will give consumers unparalleled control over their media.

But an inter-industry organization that creates television and video specifications used in Europe, Australia, and much of Africa and Asia is laying the foundation for a far different future -- one in which major content providers get a veto over innovation and consumers face draconian digital rights management (DRM) restrictions on the use of TV content. At the behest of American movie and television studios, the Digital Video Broadcasting Project (DVB) is devising standards to ensure that digital television devices obey content providers' commands rather than consumers' desires. These restrictions will take away consumers' rights and abilities to use lawfully-acquired content so that each use can be sold back to them piecemeal.

Consumers would never choose this future, so Hollywood will try to force it on them by regulatory fiat. DVB's imprimatur may put restrictive standards on the fast-track to becoming legally-enforced mandates, and existing laws already limit evasion of DRM even for lawful purposes. In effect, private DRM standards will trump national laws that have traditionally protected the public's interests and carefully circumscribed copyright holders' rights.

Hollywood has long pursued this goal in the U.S., but its schemes in DVB have taken place behind the public's back and outside of scrutiny by elected officials. In this paper, we will summarize and expose Hollywood's plan.

The Electronic Frontier Foundation (EFF) is the only public interest group to have attended DVB's closed technical meetings. As a condition of participation, DVB imposed restrictions on our ability to report on these meetings. Now, after key parts of DVB's new DRM specification have been sent to the European standards body and may soon be provided to other EU regulators, we are releasing this paper to help consumer organizations and EU regulators understand the significant public policy implications of various DVB work items.

  CPCM: A System to Control Innovation, Competition, and Television Viewers 

Despite record profits in recent years, American movie and television studios have not relented in their cries that new technologies are a mortal threat to their industry. They sued to block the VCR and the first mass-market Digital Video Recorder (DVR) in the U.S., and, having failed to stamp out recording in those efforts, they have increasingly turned to creating restrictive technical standards backed by law.


4:46:30 PM    

New US Computer Forensic Institute. Quincy writes "The DHS and Secret Service are setting up a new computer forensic institute in Alabama. Set to open in mid-2008, the new National Computer Forensic Institute will be able to train over 900 law enforcement officers per year. 'It will initially be staffed by 18 Secret Service agents and will feature classrooms, a forensic laboratory, an evidence vault, and server rooms. Courses will be offered in the investigation of electronic crimes, network intrusion investigation, and computer forensics... [T]he Secret Service says that it will help to bring judges and prosecutors up to speed as well.'" Maybe over time we'll see fewer botches of justice like those in the news recently [Slashdot: Your Rights Online]
4:33:22 PM    

Action Alert: Reform the PATRIOT Act and Stop the Abuse of Surveillance Powers!

The FBI has blatantly abused a key PATRIOT Act provision and knowingly violated the law to spy on Americans' telephone, Internet, and other personal records, as documented in a report recently released by the Justice Department. Congress must rein in this egregious behavior, but it can't stop there -- the Bush Administration's unprecedented pattern of disregarding the law stretches far beyond the examples in this report. Tell Congress to defend your privacy now.

Before PATRIOT, the FBI could use so-called National Security Letters only for securing the records of suspected terrorists or spies. But under PATRIOT the FBI can use them to get private records about anybody without any court approval as long as it believes the information could be relevant to an authorized terrorism or espionage investigation.

According to the Justice Department's Inspector General, the FBI's misuse of its authority included issuing NSLs to spy on people who weren't the subject of any existing investigation whatsoever. The FBI also lied to Congress and underreported its use of NSLs by many thousands. Worse still, the FBI has ignored its own lawyers' advice and intentionally evaded PATRIOT's thin bounds, improperly requesting and obtaining personal records through so-called "exigent letters" that Congress never authorized.

That's only a sampling of the horror story painted by the report, and, had Congress not ordered the Inspector General to review the FBI's activities last year, these abuses might have never been revealed. From the moment PATRIOT was passed, we said the NSL power was ripe for abuse and unconstitutional, and it's clearer than ever that Congress should repeal PATRIOT's expansion of NSL powers and reform the PATRIOT Act as a whole.

Moreover, Congress must broadly investigate the Administration's use of surveillance powers, including the NSA's massive and illegal domestic spying program. Congress and the American public have been kept in the dark about such clear violations of the law and Americans' privacy for far too long. Immediate and thorough oversight hearings are necessary to uncover the truth and hold the Administration accountable.

Take action now.

[EFF: Deep Links]
4:28:38 PM    

CDT Opposes Bill Expanding Pentagon Domestic Data Mining. CDT and other civil liberties groups are urging Congress to reject legislation that would exempt the Department of Defense from a key provision of the Privacy Act. The little-noticed amendment, already included in the Senate version of the Intelligence Authorization Act, would permit government agencies to disclose information on US citizens to the Defense Department. Such language could pave the way for entire databases of information to be transferred to the Defense Department without a clear purpose -- in turn opening the door to greater data mining by military agencies. [Center for Democracy and Technology]
4:07:21 PM    

CDT Calls for Reform of National Security Letters. CDT is calling on Congress to require judicial approval of FBI efforts to access the sensitive records of US citizens. Recent revelations regarding violations in the use of so-called "national security letters" have shown that no matter how many internal controls the FBI adopts, self-certification in not sufficient when the government is obtaining the sensitive financial and communications records of citizens. CDT believes Congress should reform the law and adopt a reasonable system of judicial checks and balances. [Center for Democracy and Technology]
4:04:02 PM    


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