EFFector Vol. 21, No. 33 September 26, 2008 [email protected] A Publication of the Electronic Frontier Foundation ISSN 1062-9424 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : In our 485th issue: * EFF WAS PLEASED TO BE ABLE TO REVIEW COMCAST'S NEW TRAFFIC MANAGEMENT SCHEME, published last week in a filing with the Federal Communications Commission (FCC). EFF hopes that transparent disclosure becomes a normal business practice for Internet service providers (ISPs) so that consumers, technologists, entrepreneurs, and regulators can make informed decisions about their Internet usage. For more of analysis of Comcast's plans: http://www.eff.org/deeplinks/2008/09/comcast-unveils-its-new-traffic-management-archite * YET ANOTHER COURT CONFIRMED THAT "MAKING AVAILABLE" IS A BOGUS LEGAL THEORY. In the latest order in Capitol v. Thomas, the first peer-to-peer jury trial, U.S. District Court District of Minnesota Chief Judge Michael Davis agreed with EFF's view that simply making a music file available in a shared folder does not violate copyright law. In addition, Chief Judge Davis called on Congress to amend the Copyright Act's oppressive damages provisions. For more legal analysis: http://www.eff.org/deeplinks/2008/09/capitol-v-thomas-judge-orders-new-trial-implores-c : . : . : . : . : . : . : . : . : . : . : . : . : . : . : EFF Updates * Taxpayer-Supported Copyright Enforcement Provision Nixed After strong opposition from the Department of Justice, the Senate Judiciary Committee removed a provision that sought to make federal prosecutors pro bono lawyers for the entertainment industry. http://www.eff.org/deeplinks/2008/09/doj-agrees-ip-enforcement-bill-bad-idea * New Government Documents Detail Expansion of Border Power Recently obtained documents show that the Department of Homeland Security quietly reversed a two-decades-old policy that restricted customs agents from reading and copying the personal papers carried by travelers, including U.S. citizens. http://www.eff.org/press/archives/2008/09/23 * Government Files to Dismiss Telecom Surveillance Cases The government started the formal retroactive immunity process for the communications companies that assisted in its illegal spying. http://www.eff.org/deeplinks/2008/09/government-files-dismiss-nsa-surveillance-cases * Legal Views May Hamper Prosecution of Palin Hackers EFF Senior Staff Attorney Kurt Opsahl delivers an interesting legal analysis of the alleged unauthorized access of Governor Palin's email account in light of published Department of Justice comments on email privacy. http://www.eff.org/deeplinks/2008/09/doj-view-email-privacy-may-hamper-prosecution-pali * Bogus Trademark Claim Attempts to Silence News Site EFF and other public-interest groups urged a federal judge to dismiss the trademark claims, apparently aimed at quashing speech by an online news site. http://www.eff.org/press/archives/2008/09/19 * global miniLinks for 2008-09-23 Check out digital rights news from the international scene collected by EFF International Outreach Coordinator Danny O'Brien. http://www.eff.org/deeplinks/2008/09/global-minilinks-2008-09-23 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : miniLinks ~ Spore Makers Sued for Duplicitous DRM Game maker Electronic Arts is facing a lawsuit for the use of copy protection that secretly installs a restrictive program on a user's computer. http://latimesblogs.latimes.com/technology/2008/09/spore-securom-d.html ~ ISP: It's Impossible for Us to Stop Illegal P2P A Belgian ISP, ordered by a court to stop illegal file sharing, now says that effective filtering is impossible. http://torrentfreak.com/isp-its-impossible-for-us-to-stop-illegal-p2p-080923/ ~ Analysis on EFF's Case Against the NSA Ars Technica's Julian Sanchez has some thoughts on the implications of EFF's new case against the government. http://arstechnica.com/articles/culture/eff-suit-against-bush.ars For more miniLinks: http://www.eff.org/deeplinks/2008/09/minilinks-2008-09-25 : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Announcements * The Boiling Suns Host EFF Fundraiser in SF Next Week! On Saturday, October 4th, local San Francisco rock band The Boiling Suns is hosting a fundraiser for EFF in support of our work to preserve fair voting practices and fighting against illegal wiretapping. The band would like to invite EFF supporters (21+) to Bender's Bar and Grill in San Francisco's Mission District for drinks and blues-based rock and roll. A portion of the $5 admission will be donated to EFF. For more on the Boiling Suns: http://www.myspace.com/theboilingsuns : . : . : . : . : . : . : . : . : . : . : . : . : . : . : Administrivia EFFector is published by: The Electronic Frontier Foundation http://www.eff.org/about Editor: Richard Esguerra, EFF Activist [email protected] Membership & donation queries: [email protected] General EFF, legal, policy, or online resources queries: [email protected] Back issues of EFFector are available at: http://www.eff.org/effector/ To unsubscribe or change your subscription preferences: http://action.eff.org/site/CO?i=6aXAc94CxqDzoMCQZzQdpKQ8T4yNlIJE&cid;=1041 To change your email address: http://action.eff.org/addresschange Reproduction of this publication in electronic media is encouraged. This newsletter is printed on 100% recycled electrons. To unsubscribe from all future email, paste the following URL into your browser: http://action.eff.org/site/CO?i=i4v_yz76VcEACLpCWwJRR3qGY3FHEfLr&cid;=1041