EFFector Vol. 14, No. 34 Oct. 31, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
In the 194th Issue of EFFector (now with over 29,400 subscribers!):
* EFF Releases Analysis of USA-PATRIOT Act (USAPA)
* EFF Opposes Government Silence Regarding Mass Arrests
* EFF Holds BOF (Birds of a Feather) Session at ALS Conference
* New Progamming Available on Radio EFF
* EFF at O'Reilly Peer-To-Peer and Web Services Conference
* EFF Thanks Timothy Barmann and HTMLCAL for Generous Donation
* Administrivia
For more information on EFF activities & alerts: http://www.eff.org/
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EFF RELEASES ANALYSIS OF USA-PATRIOT ACT (USAPA)
November 1, 2001 -- The Electronic Frontier Foundation (EFF) releases
this week a comprehensive analysis of the surveillance and online
activities sections of the USA-PATRIOT Act (USAPA), the
"anti-terrorism" law signed by President Bush on Friday, October 26.
The EFF analysis spotlights three areas of major concern: expanded
surveillance with reduced checks and balances, overbreadth with a lack
of focus on terrorism, and expansion of U.S. foreign intelligence's
authority to spy on Americans.
1. Expanded Surveillance with Reduced Checks and Balances
* Law enforcement officers can now surveil web surfing of
nonsuspects without showing "probable cause" to a judge.
* Nationwide, roving surveillance: Once an order is granted allowing
surveillance, the FBI can now go from phone to phone, computer to
computer, without demonstrating to a court any link to the
suspect.
* ISPs are required to release more information to law enforcement
officers about their customers. ISPs and can "voluntarily" give
additional information, as well.
* New definitions of terrorism expand the scope of surveillance in
ways that could easily reach political protesters.
2. Overbreadth with a Lack of Focus on Terrorism
* The law contains a law enforcement "wish list" of items aimed at
nonviolent computer crime rather than terrorism.
* The government can spy on computer trespassers without a court
order.
* Everyone convicted of a "crime of violence" must contribute DNA to
a national database, even though no connection has been shown
between Americans convicted of these crimes and terrorism.
* Permits law enforcement officers to conduct wiretaps against
suspected violators of the Computer Fraud and Abuse Act (includes
people engaging in civil disobedience by doing over $5,000 worth
of damage through web defacement).
* Dramatically increases the civil and criminal scope and penalties
of the Computer Fraud and Abuse Act.
3. Expansion of U.S. Foreign Intelligence's Authority to Spy on Americans
* General expansion of foreign intelligence powers under the Foreign
Intelligence Surveillance Act (FISA).
* Increases information-sharing between domestic law enforcement and
foreign intelligence agencies, tearing down the wall erected in
the 1970s after severe abuses of power by these agencies were
revealed.
* Sets up an easy system for foreign intelligence and domestic law
enforcement to use the other to detour around their respective
legal limitations.
There has been much discussion about how our civil liberties must be
sacrificed to increase our safety. But the government has not shown
that its previous powers to conduct surveillance or to prosecute
computer crime were a significant barrier to investigating or
preventing terrorist attacks. Furthermore, if we are going to give law
enforcement sweeping new powers, judicial oversight is critical to
ensuring that no abuses occur. USAPA eliminates this oversight for
many law enforcement activities.
In short, EFF finds this piece of legislation to be extremely
troubling and dangerous for civil liberties. We suspect that many in
Congress, given the opportunity to actually read the 342-page law,
would agree.
The EFF analysis is available at:
http://www.eff.org/Privacy/Surveillance/Terrorism_militias/
20011031_eff_usa_patriot_analysis.html
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EFF OPPOSES GOVERNMENT SILENCE REGARDING MASS ARRESTS
EFF has joined numerous civil liberties, human rights, Arab-American,
public access and legal groups in demanding the release of information
about the more than 1,000 individuals who have been jailed jailed in
connection with the Sept. 11 attacks under the Freedom of Information
Act (FOIA).
Other than providing a running update on the number of detainees, the
government has released very little information about who these people
are or why they are being held. A Justice Department spokesperson said
that there are three groups of detainees are : a small number of
material witnesses; about 180 people charged with immigration
violations; and, the largest group, those being held on federal, state
or local criminal charges unrelated to the Sept. 11 attacks. She also
said that all of those arrested had access to a lawyer.
EFF's commentary on the recently enacted anti-terrorism legislation
has been skeptical that this administration intends or can be trusted
to exercise its power and discretion without harming civil liberties.
Although this mass detention is not obviously related to online civil
liberties, and may even be lawful, the administration's refusal to
release basic information about what it is doing makes it impossible
to tell whether the government is acting lawfully. Accountability is
crucial here.
The FOIA request was delivered to the Justice Department, the FBI, and
the INS on Monday, Oct. 29. It demands the release of the names and
citizenship of those arrested since September 11th, the charges on
which they have been detained, the names of their lawyers, the
locations where they are being held, and the list of courts that have
entered any gag orders.
A copy of the FOIA request is available from:
http://www.eff.org/Privacy/Surveillance/Terrorism_militias/
20011029_idof_doj_foia_letter.html
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EFF HOLDS BOF (BIRDS OF A FEATHER) SESSION AT ALS CONFERENCE
WHO:
Lee Tien - Senior Staff Attorney, Electronic Frontier Foundation
Seth Schoen - EFF Staff Technologist
WHAT:
BOF Discussion on how the new Anti-Terrorism Legislation will Affect
our Civil Liberties
WHEN:
Wednesday, November 7th, 2001 - 6PM
WHERE:
Annual Linux Showcase and Conference
Oakland Marriott City Center
1001 Broadway
Oakland, CA 94607
Toll-free Phone: 1-800-228-9290
Local Phone: 1-510-451-4000
For more information contact Katina: (415) 436 - 9333 x101,
katina@eff.org
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded
in 1990, EFF actively encourages and challenges industry and
government to support free expression, privacy, and openness in the
information society. EFF is a member-supported organization and
maintains one of the most linked-to Web sites in the world:
http://www.eff.org/
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NEW PROGRAMMING AVAILABLE ON RADIO EFF
Tune into Radio EFF ( http://www.eff.org/radioeff/ ) to hear interviews with EFF
staff and board members on our most important issues, BayFF
recordings, (O)pen Audio music, and more.
Radio EFF's newest program is a panel discussion on the "Future of
Music" online and off. The panel also addresses the ways in which
artists and audiences alike will be affected by new laws and
technologies.
Event: Future of Music Coalition College Tour
Location: University of California, Berkeley
Moderator: Brian Zisk, Technology Dir, Future of Music Coalition
Panel:
Ted Cohen, VP of New Media, EMI Recorded Music
Fred von Lohmann, EFF Senior Staff Attorney
Jenny Toomey, Executive Dir, Future of Music Coalition
Downloadable MP3 - (O)pen Audio
60 Minutes and 30 Seconds (25MB)
http://radio.eff.org/radio_shows/future1.mp3
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EFF AT O'REILLY PEER-TO-PEER AND WEB SERVICES CONFERENCE
Come see the folks from the EFF at the O'Reilly P2P Conference in
Washington D.C. Monday 11/5 through Thursday 11/8. Board member
Lawrence Lessig of Stanford Law School will deliver a keynote address
on Wednesday afternoon.
Sr. Staff Attorney Fred Von Lohmann will detail the intersection of
copyright law and P2P applications on Tuesday morning and will lead a
panel discussion with representatives from Music City, Lime Wire, and
Aimster on Wednesday morning.
Staff Attorney Robin Gross will be talking on Wednesday morning about
EFF's Open Audio License, a general public license for music that
allows individuals to copy, share, perform, and adapt songs released
under it as long as credit is given to the author. The EFF will also
have a booth on the exhibition floor. Come say hi!
For complete details & registration, see:
http://conferences.oreilly.com/p2p/
The Westin Grand, Washington D.C.
2350 M Street NW
Washington, DC 20037
Phone: 202-429-0100
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EFF THANKS TIMOTHY BARMANN AND HTMLCAL FOR GENEROUS DONATION
EFF extends a special thank you to Timothy Barmann and HTMLCAL
Check out our 4-star rating on Charity Navigator.