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Don't Break The Internet


From: "DAVID FARBER" <dfarber () me com>
Date: Sat, 08 Sep 2018 07:35:46 +0900




Begin forwarded message:

From: EFFector List <editor () eff org>
Date: September 8, 2018 at 06:33:36 GMT+9
To: dfarber () me com
Subject: Don't Break The Internet
Reply-To: EFFector List <editor () eff org>


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The EU's Copyright Law Could Break the Global Internet - EFFector 31.14

In our 740th issue:

Updates
Announcements
MiniLinks


Members make it possible for EFF to fight for your rights. Become a member today.

In our 740th issue:

Updates
Announcements
MiniLinks


Members make it possible for EFF to fight for your rights. Become a member today.

Top Features

The World Should Be Up in Arms About the EU's Looming Internet Catastrophe

We have just days until the European Parliament debates and votes on the new Copyright Directive, with its dangerous 
censorship machine and link tax measures.

Under the censorship machine proposal, Article 13, websites with user-generated content would have to automatically 
filter out anything that rightsholders designate – giving rise to the wrongful blocking, false assertions of 
copyright, and disregard for free speech that we’ve seen with censorship machines elsewhere.

The link tax, Article 11, would stop you from from linking to news articles on sites that generate previews unless 
you're on a site that's negotiated a license with the publisher you're linking to. The proposal aims to shrink 
protections for quotation that help readers decide whether to visit the linked site.

Together, these extreme, unworkable proposals represent a grave danger to the Internet, and they won't just affect 
Europeans.

If you’re in the EU, get in touch with your MEP by visiting Save Your Internet, and help us stop Article 11 and 
Article 13 from wrecking the Internet for everyone.

Everyone else: Share this with your European friends and family and let them know that this is a red alert. We have 
just days until the vote.

Together, we stopped the MEPs from fast-tracking the link tax and censorship machine proposals over the summer. Now, 
it's time to convince them to reject these measures entirely.

California Bill Is a Win for Access to Scientific Research

The California legislature scored a huge win in the fight for open access to scientific research. Now it’s up to 
Governor Jerry Brown to sign it. Under A.B. 2192—which passed both houses unanimously—all peer-reviewed, scientific 
research funded by the state of California would be made available to the public no later than one year after 
publication. There’s a similar law on the books in California right now, but it only applies to research funded by 
the Department of Public Health, and it’s set to expire in 2020. A.B. 2192 would extend it indefinitely and expand it 
to cover research funded by any state agency.

While we’re delighted to see A.B. 2192 pass, it’s only one step in the right direction. Science moves quickly, and a 
one-year embargo period is simply too long. Lawmakers should work to ensure that more grantees publish their papers 
in open access journals, available free of cost to the public on the date of publication. Lawmakers in California and 
elsewhere should also consider requiring open licenses in future laws. Requiring that grantees publish research under 
a license that allows others to republish, remix, and add value ensures that the public can get the maximum benefit 
of state-funded science. 

The Last Step for California To Pass a Gold Standard Net Neutrality Bill is the Governor's Signature

California’s net neutrality bill, S.B. 822 has received a majority of votes in the Senate and is heading to the 
governor’s desk. In this fight, ISPs with millions of dollars to spend lost to the voice of the majority of Americans 
who support net neutrality. 

ISPs like Verizon, AT&T, and Comcast hated this bill. S.B. 822 bans blocking, throttling, and paid 
prioritization—classic ways that companies have violated net neutrality principles. It also incorporates much of what 
the FCC learned and incorporated into the 2015 Open Internet Order, preventing new assaults on the free and open 
Internet. This includes making sure companies can’t circumvent net neutrality at the point of interconnection within 
the state of California. It also prevents companies from using zero rating—the practice of not counting certain apps 
or services against a data limit—in a discriminatory way. It’s a practice much like discriminatory paid 
prioritization, where ISPs create fast lanes for those who can pay or for other companies they own.

If you live in California, help this bill cross the finish line by telling Governor Jerry Brown to sign it. If you 
live elsewhere, keep in mind that this is a victory that can be replicated. 

EFF Updates

Don’t Shoot Messenger

Reuters reported that Facebook is being asked to “break the encryption” in its Messenger application to assist the 
Justice Department in wiretapping a suspect's voice calls, and that Facebook is refusing to cooperate. The report 
alarmed us in light of the government’s ongoing calls for backdoors to encrypted communications, but on reflection we 
think it’s unlikely that Facebook is being ordered to break encryption in Messenger and that the reality is more 
complicated.  

Google Needs To Come Clean About Its Chinese Plans

Eight years after Google initially took a stand against Internet censorship by exiting the Chinese search market, we 
are disappointed to learn the company has been secretly re-considering an extended collaboration with the massive 
censorship and surveillance-wielding state. 

The public, Google’s users, and Google’s employees have been kept increasingly in the dark about compromises on the 
company’s own values that could massively affect the lives of not only citizens within China or the U.S., but also 
Internet users around the world. Google has already committed to processes that consider human rights when entering 
new markets in the Global Network Initiative. Is it following them here?

After Patent Office Rejection, It is Time For Google To Abandon Its Attempt to Patent Use of Public Domain Algorithm

Google is trying to patent the use of a known data compression algorithm - called asymmetric numeral systems (ANS) – 
for video compression. In one sense, this patent application is fairly typical. The system seems designed to 
encourage tech giants to flood the Patent Office with applications for every little thing they do. Google’s 
application stands out, however, because the real inventor of ANS did everything he could to dedicate his work to the 
public domain.

The Patent Office issued a non-final rejection of all claims in Google’s application. Even if it could overcome the 
examiner’s rejection, that would only reflect the failings of a patent system hands out patents for tiny variations 
on existing methods. It is time for them to abandon its attempt to patent the use of ANS for video compression.

Sen. Wyden Confirms Cell-Site Simulators Disrupt Emergency Calls

Researchers of cell-site simulator (CSS) technology have long suspected that using such technologies, even 
professionally designed and marketed CSS’s, would have a detrimental effect on emergency services, and now—for the 
first time—we have confirmation. Sen. Ron Wyden has sent a letter to the U.S. Department of Justice concerning 
disruptions to 911 emergency services caused by law enforcement’s use of this technology (also known as IMSI catchers 
or Stingrays).

In the letter, Sen. Wyden states that “Senior officials from the Harris Corporation—the manufacturer of the cell-site 
simulators used most frequently by U.S. law enforcement agencies—have confirmed to my office that Harris’ cell-site 
simulators completely disrupt the communications of targeted phones for as long as the surveillance is ongoing.“

If It Doesn't Have Paper Backups and Automatic Audits, It's Not an Election Security Bill

Right now, the U.S. Senate is debating an issue that’s critical to our democratic future: secure elections. Hacking 
attacks were used to try to undermine the 2016 U.S. election, and in recent years, elections in Latin America and 
Ukraine were also subject to cyber attacks.

The current bill moving ahead in the Senate, S. 2593, falls far short. The bill once included both of these measures, 
but following amendments, now has neither. It isn’t a mystery how to get this done. A competing bill introduced by 
Sen. Ron Wyden would mandate both risk-limiting audits and a verifiable paper trail, and has gained three more 
cosponsors since S. 2593 has been watered down. Secure and verifiable voting isn’t optional. Tell the Senate to 
either pass a strong bill or oppose the Secure Elections Act.

How Australia’s Proposed Surveillance Laws Will Break The Trust Tech Depends On

In the last few years, we’ve discovered just how much trust — whether we like it or not — we have all been obliged to 
place in modern technology. Third-party software, of unknown composition and security, runs on everything around us: 
from the phones we carry around, to the smart devices with microphones and cameras in our homes and offices, to 
voting machines, to critical infrastructure. The insecurity of much of that technology, and increasingly 
discomforting motives of the tech giants that control it from afar, has rightly shaken many of us.

But the latest challenge to our collective security comes not from Facebook or Google or Russian hackers or Cambridge 
Analytica: it comes from the Australian government. Their new proposed “Access and Assistance” bill would require the 
operators of all of that technology to comply with broad and secret government orders, free from liability, and 
hidden from independent oversight.

Win! Seventh Circuit Decision Says Fourth Amendment Applies to Smart Meter Data

The Seventh Circuit handed down a ruling 3-0 that the Fourth Amendment protects energy-consumption data collected by 
smart meters. The court recognized that data from these devices reveals intimate details about what’s going on inside 
the home that would otherwise be unavailable to the government without a physical search. The court held that 
residents have a reasonable expectation of privacy in this data and that the government’s access of it constitutes a 
“search.” We applaud the Seventh Circuit for recognizing that smart meters pose serious risks to the privacy of all 
of our homes, and that rotely applying analog-era case law to the digital age simply doesn’t work.

Announcements

CyberStarts Boston

Eva Galperin, EFF's director of cybersecurity, will be speaking at CyberStarts Boston on September 20, 2018. 
CyberStarts Boston is free one-day event hosted by Kaspersky Lab that empowers the next generation of cybersecurity 
professionals.

Antisocial Media at the World Affairs Council

Join Siva Vaidhyanathan, Professor of Modern Media Studies at the University of Virginia, along with Danny O'Brien, 
International Director of the Electronic Frontier Foundation, for a conversation about the state of online privacy 
and the challenges to democracy presented by social media and the global net, on September 19.

Pioneer Awards 2018

Join us! We're excited to announce the renaming of the Pioneer Award in honor of our co-founder John Perry Barlow!

On September 27, we will celebrate the work of our 2018 honorees: Stephanie Lenz, Joe McNamee, and Sarah T. Roberts. 
The celebration will include drinks, bytes, and excellent company. 

MiniLinks

https://www.nytimes.com/2018/08/26/technology/tech-industry-federal-privacy-law.html

Tech companies hope to introduce a federal privacy law that will “neuter” California’s law before it is even 
implemented (New York Times)

In Defense of ROMs, A Solution To Dying Games And Broken Copyright Laws

Video game history is relatively short, yet some of it is already in danger of being lost because of copyright law. 
(Kotaku)

Spyware Company Leaves ‘Terabytes’ of Selfies, Text Messages, and Location Data Exposed Online

Spyfone, a company that makes smartphone "monitoring" software, "appears to be a magical combination of shady, 
irresponsible, and incompetent” (MotherBoard)

Did the Repeal of Net Neutrality Impede Firefighting Efforts?

Verizon throttling hampered firefighting in California. Those firefighters say they aren't just worried about the 
firehouse — your personal bandwidth could be a matter of life and death (KQED)

YouTube, Netflix Videos Found to Be Slowed by Wireless Carriers

“ISPs are happy to use words like ‘unlimited’ and ‘no throttling’ in their public statements, but then give 
themselves the right to throttle certain traffic by burying some esoteric language in the fine print," says EFF’s 
Jeremy Gillula (Bloomberg)

Supported by Donors

Our members make it possible for EFF to bring legal and technological expertise into crucial battles about online 
rights. Whether defending free speech online or challenging unconstitutional surveillance, your participation makes a 
difference. Every donation gives technology users who value freedom online a stronger voice and more formidable 
advocate.

If you aren't already, please consider becoming an EFF member today.



Administrivia

Editor: Jason Kelley, Digital Strategist editor () eff org

EFFector is a publication of the Electronic Frontier Foundation. eff.org

Membership & donation queries: membership () eff org

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Reproduction of this publication in electronic media is encouraged. MiniLinks do not necessarily represent the views 
of EFF.

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About EFF

The Electronic Frontier Foundation is the leading organization protecting civil liberties in the digital world. 
Founded in 1990, we defend free speech online, fight illegal surveillance, promote the rights of digital innovators, 
and work to ensure that the rights and freedoms we enjoy are enhanced, rather than eroded, as our use of technology 
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