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Public Citizen Still Protecting Online Speech – Go Guys Go!

(Image used under: Fair Use doctrine)

One of my heroes is Paul Levy who spoke at the 2006 Computers, Freedom, and Privacy Conference in DC. He works at public citizen and is one of their main guns when it comes to protecting people online. You see, companies have this bad habit of bullying people out of their domain names or first amendment rights. Public Citizen offers free legal services in defense of innocent people in the face of bad corporations everywhere.

Their latest: a situation where a company sent a cease and desist letter with an interesting twist. They claimed that the cease and desist letter was copyrighted and that posting it online would result in a lawsuit. This, of course, was to try and prevent someone from making the letter public in an effort to get public opinion on their side.

Well, Public Citizen has a copy of the letter and has posted it on their site along with their excellent response explaining why sending a letter like that is a waste of time.

Update 2007.10.12

They've already given in 🙂

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Man Cleared of Charges in Circuit City Case

(Image used under: Creative Commons 3.0 [SRC])

If you've been following the case of Micheal Righi, a man who refused to show his receipt at Circuit City and was soon arrested (because he wouldn't show a police officer his ID), you know that our "security society" is pushing people to take away our rights and pushing others to accept it.

Fortunately, Micheal didn't back down, even when presented with a deal where they would drop all charges in exchange for giving up more of his rights.

I was presented with an offer to have my charges dropped in exchange for signing a document which asked the following of me:

I would not file a Section 1983 civil suit against the Brooklyn police department for infringing on my civil rights.

I would not make any disparaging remarks about the police department, with financial repercussions for doing so.

I would not discuss the details of this agreement.

These conditions were completely unacceptable to me.

Unfortunately, Michael and his family could not afford the time, effort, and money involved with a legal battle with the state. He accepted a deal where he gave up his right to sue them in exchange for immediate dismissal of the charges.

Thankfully, he is not under a gag order and can tell us how this turned out, but it's a shame and a crime that the court system is such that only those with enough money get justice.

Speaking of, people have been complaining to Michael about asking for donations such that he's decided to give away all the money donated even though it's $2000 short of what he's paid in legal fees so far. He says he can afford up to $10,000 to protect his rights and wants to remove all doubts about his intentions.

Let me say it again: it's a shame and a crime that the court system is such that only those with enough money get justice.

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Beware Google Apps – All Your Content Are Belong to Us!

I have always said that Google has the best search engine and I still believe that (for now). But when it comes to their other offerings, they've proven to be a bit dodgy. Now comes news from someone who's been paying attention that according to their terms of service, any content you produce with their Google Apps belongs to them! Write a love letter to your girl and find it on a greeting card later with no royalty fees or otherwise due to you. Tags: , ,

Opt Out of Comcast Arbitration While You Can

While I usually throw out anything Comcast sends with the bill, this time I noticed an arbitration notice that says that you only have a little bit of time to opt out before you become bound to an arbitration agreement. What does that mean? It means that you're giving up your right to sue them for incompetence (which is a pretty big deal considering how incompetent they can be). If you continue to use comcast service without opting out, you will automatically be bound by the new arbitration agreement. Fortunately, you can opt out very quickly by going to their website: https://www.comcast.com/arbitrationoptout/default.ashx
Note that you must type your account number EXACTLY as shown on you bill (spaces and dashes included) or it will error with barely any indication of what went wrong (no error message).
This kind of agreement is completely one sided and circumvents the courts and our rights. Fortunately, Public Citizen is working on a bill to remove mandatory binding arbitration for good.

Update: 7/24/07

Here's an article from the Consumerist about how arbitrators can be influenced by credit card companies to rule against consumers.

Update: 7/26/07

And another showing that the top ten Arbitrators rule against the consumer 98.4% of the time. I wonder how they became the top ten? Hmm…

Update: 8/08/07

And the word is spreading. Public Citizen's blog says it seems to be a very fair provision. I still don't like having it rammed down my throat.
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Oppose the Intellectual Property Protection Act of 2007 (IPPA2007)

Keeping media open when it needs to be
(Image used under: Creative Commons 2.0 [SRC])

A lot of the newsletters I subscribe to and groups that I follow are making more noise about this. The main point, from Defective by Design's e-newsletter:

The Department of Justice has drafted this outrageous legislative proposal that threatens ordinary Americans with jail time and the sort of property forfeiture penalties applied in drug busts for P2P users, mixtape makers, and mash-up artists. The law would stiffen penalties for "attempted infringement", basically removing the requirement that the government or Big Media companies actually prove that infringement occurred. The IPPA would also authorize massive wiretapping to investigate copyright infringement by individuals. The government has plenty of tools to investigate and prosecute large scale criminal enterprises engaging in bootlegging, the IPPA will target every citizen.

The main point here is that it makes copyright infringement a criminal offense and that it only has to be attempted! Think of all the people who've already been served with lawsuits (many who were clearly innocent). Now imagine that they no longer have to prove infringement, only attempted infringement. This makes their case far easier to fight. But now it's a crime so the punishment would be stiffer as well.

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RFID Worst Case Scenario Has Arrived

RFID
(Image used under: Creative Commons 2.0 [SRC])

The people over at CASPIAN have warned about how companies are trying hard to get RFID tags into all their products without people knowing. Well, now they will. The anti-theft tags that nearly every product currently has will be combined with RFID technology so that nearly every item you walk out of the store with will also transmit a unique identifying number to any reader nearby. Theives, marketers and big brother are salivating.

You don't believe that companies are desperately interested in what you do every waking moment? Then you haven't been paying attention.

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HYMN Utility – iTunes Music DRM Stripper

(Image used under: Creative Commons 2.0 [SRC])

How very interesting. This project was designed to strip the DRM from iTunes music so you can play them on any player or in any program you wish (as you are entitled to under fair use laws).

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President Can Decide Who Is Enemy – Hold Them Without Trial Forever

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Public Citizen reports:

A new law enacted last fall denies a fair hearing or hardly any hope of release to those confined at Guantanamo naval base, and to other non-citizens labeled "enemy

Public Citizen has a web petition going here.

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TSA’s Backscatter X-Ray Goes to Phoenix’s Sky Harbor International Airport

Privacy.org points to an article explaining that the backscatter x-ray will be fielded in Phoenix. This X-ray device can penetrate clothes, but not skin making a pornographic video of them. Yes this allows the TSA to see if you're carrying bombs or guns, but it also removes your clothing.

Update 5/22/2008

It turns out that the technology can be used as described, but the TSA has made taken very good steps towards handling much of the concern. Details in my post here.
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Schneier on Vista

(Image used under: Fair Use doctrine)

Today on Schneier's blog, he describes in farily decent detail why the DRM in Windows Vista is bad. Some choice bits:

And Vista continuously spends CPU time monitoring itself, trying to figure out if you're doing something that it thinks you shouldn't. If it does, it limits functionality and in extreme cases restarts just the video subsystem. We still don't know the exact details of all this, and how far-reaching it is, but it doesn't look good.
What the entertainment companies are finally realizing is that DRM doesn't work, and just annoys their customers. Like every other DRM system ever invented, Microsoft's won't keep the professional pirates from making copies of whatever they want. The DRM security in Vista was broken the day it was released.
In the meantime, the only advice I can offer you is to not upgrade to Vista. It will be hard. Microsoft's bundling deals with computer manufacturers mean that it will be increasingly hard not to get the new operating system with new computers. And Microsoft has some pretty deep pockets and can wait us all out if it wants to.
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