EFFector Vol. 21, No. 33 September 26, 2008  editor@eff.org

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

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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

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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

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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

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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

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Administrivia

EFFector is published by:
The Electronic Frontier Foundation
 http://www.eff.org/about

Editor:
Richard Esguerra, EFF Activist
 richard@eff.org

Membership & donation queries:
 membership@eff.org

General EFF, legal, policy, or online resources queries:
 information@eff.org

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 http://www.eff.org/effector/

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