Electronic Frontier Foundation

From Free net encyclopedia

Image:Blueribbon.png The Electronic Frontier Foundation (EFF) is a non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving free speech rights such as those protected by the First Amendment to the United States Constitution in the context of today's digital age. Its stated main goal is to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties. The EFF is a membership organisation supported by donations and is based in San Francisco, California, with staff members in Toronto, Ontario and London, UK. EFF has taken action in several ways:

providing or funding legal defence in court
defending the individual and new technologies from the chilling effects of baseless or misdirected legal threats
providing guidance to the government and courts
organizing political action and mass mailings
supporting new technologies which it believes preserve personal freedoms
maintaining a database and web sites of related news and information
monitoring and challenging potential legislation that it believes would infringe on personal liberties and erode fair use
soliciting a list of what it considers patent abuses with intentions to defeat those that it considers without merit

1 History
- 1.1 Books and references
2 Major supporters
3 Criticisms
4 Milestones, cases and accomplishments
5 See also
6 Publications
7 External links

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History

Image:MitchKapor.jpg The Electronic Frontier Foundation was founded in July 1990 by Mitch Kapor, John Gilmore and John Perry Barlow. The founders met through the online service The WELL.

The creation of the organization was motivated by the massive search and seizure on Steve Jackson Games by the United States Secret Service early in 1990. Similar but officially unconnected law-enforcement raids were being conducted across the United States at about that time as part of a state-federal task force called Operation Sundevil, but the Steve Jackson Games case, which became EFF's first high-profile case, was the major rallying point when EFF began promoting computer- and Internet-related civil liberties. EFF's second big case was Bernstein v. United States led by Cindy Cohn, where programmer and professor Daniel Bernstein sued the government for permission to publish his encryption software, Snuffle, and a paper describing it. More recently the organization has been involved in defending Edward Felten, Jon Johansen and Dmitry Sklyarov.

The organization was originally located at Mitch Kapor's K.E.I. in Cambridge, Massachusetts. By the fall of 1993, the main EFF offices were housed in Washington, D.C., headed up by Jerry Berman. During this time, some of EFF's attention focused on the business of influencing national policy, a worthy business, but one perhaps not entirely palatable to parts of the organization. In 1994, Mr. Berman parted ways with EFF and formed the Center for Democracy and Technology. EFF moved offices across town, where Drew Taubman briefly took the reins as director. In 1995, under the auspices of director Lori Fena, after some downsizing and in an effort to regroup and refocus on their base support, the organization moved offices to San Francisco, California. There, it took up temporary residence at John Gilmore's Toad Hall, and soon afterward moved into the Hamm's building at 1550 Bryant St. After Fena moved onto the EFF board of directors for a while, the organization was led by Tara Lemmey. Just prior to the EFF's move into its new and present offices at 454 Shotwell St. in SF's Mission District, long-time EFF Legal Director Shari Steele became, and remains as of mid-2005, the Executive Director.

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Books and references

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Books that cover EFF's history in-depth from a policy and legal cases perspective include:

Robert B. Gelman & Stanton McCandlish's Protecting Yourself Online: The Definitive Resource on Safety, Freedom & Privacy in Cyberspace.
Mike Godwin's Cyber Rights: Defending Free Speech in the Digital Age.
Several other books of the 1990s (Bruce Sterling's The Hacker Crackdown, etc.) also go into EFF's activities in some depth. Their more recent work in the sphere of fair use and the abuse of intellectual property law is better documented at their web site and in periodicals.

Some other references are:

Electronic Frontier Foundation bulks up, renews focus on litigation. An article which recaps EFF's history, details the 2000 transition to Shari Steele's leadership, and discusses the concomitant strategy changes.

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Major supporters

On February 18, 2004, the EFF announced [1] that it has received $1.2 million from the estate of Leonard Zubkoff. It will use $1 million of this money to establish the EFF Endowment Fund for Digital Civil Liberties.
EFF often receives additional pro bono legal assistance from Prof. Eben Moglen.
Lawrence Lessig: EFF boardmember and Stanford professor
Board members: Brad Templeton (Chairman), John Perry Barlow, John Gilmore, David Farber, Joe Kraus, Lawrence Lessig, Pamela Samuelson and Brewster Kahle.

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Criticisms

Some feel the EFF prioritizes wholesale changes to law (such as legalizing potentially unauthorized trading of copyrighted files over peer-to-peer networks, implying some change of the copyright laws) over stopping abuses of the law (such as stopping abusive patents and DMCA complaints). However, EFF's successes in its defense of Skylink and OPG against DMCA abuse as well as its Patent Busting project demonstrate real efforts to limit abuses of existing law.

Some in the anti-spam community criticize the EFF for officially opposing certain anti-spam techniques that do not deliver all wanted messages to the end-user. The EFF argues that the decision as to what is spam and what is not resides with the recipient, not intermediaries such as ISPs, and that there are efficient spam filters available to the end-user.

Prior to the EFF's defense of 2600: The Hacker Quarterly magazine in 2001, the hacker community criticized EFF as "missing in action" with regards to their legal troubles.

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Milestones, cases and accomplishments

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1990: Founded the organization and laid the groundwork for the successful representation of Steve Jackson Games (SJG) in a Federal court case to prosecute the United States Secret Service for unlawfully raiding their offices and seizing computers.
1990 Mike Godwin joins the organization as the first staff counsel.
1991 Esther Dyson and Jerry Berman join EFF Board
1991 Steve Jackson Games (SJG) v. United States Secret Service filed in federal court.
1992 EFF gives first annual Pioneer Awards at 2nd Computers, Freedom, and Privacy conference in Washington, DC
1992 Cliff Figallo became the new director of EFF-Cambridge
1992 December - Jerry Berman becomes Acting Executive Director
1993 Steve Jackson Games (SJG) wins its case against the Secret Service.
1993 Offices moved to 1001 G. St. office in Washington, DC
1993 Big Dummy's guide to the Internet made available for free download.
1993 October - Stanton McCandlish joins the organization as online activist.
1994 Drew Taubman named Executive Director
1994 Center for Democracy and Technology is formed by Jerry Berman
1994 Scientology versus The Internet
1995 Bernstein v. United States
1995 EFF Moves to San Francisco
1995-1996 EFF opens its "Blue Ribbon Campaign" in direct response to the Communications Decency Act
1996 The EFF co-founds TRUSTe, the first Privacy Seal company, with CommerceNet, a non-profit industry consortium.
In 1998, the EFF built Deep Crack, a machine that decrypted a DES-encrypted message after only 56 hours of work, winning RSA Security's DES Challenge II-2.
1999 EFF and Anonymizer launch the Kosovo Privacy Project, an anonymous and secure email and Web surfing service conceived by Alex Fowler and Patrick Ball to ensure the protection of Kosovars, Serbs, and others reporting on the Kosovo War within the region from reprisal from Serbian officials.
Professor Edward Felten: DMCA used to censor his research to break Secure Digital Music Initiative (SDMI)
November 2002 *2600 Magazine case, Universal_v._Corley. EFF loses its appeal before the U.S. Court of Appeals for the Second Circuit, establishing a legal precedent to permit prior restraint, a stunning blow to the First Amendment. 2600 Magazine is restrained from publishing links to the DeCSS code under provisions of the DMCA and declines to appeal to the Supreme Court.
Supports the Chilling Effects Clearinghouse efforts to organize a database of IP law abuse and educate potential victims
December 2003: RIAA v. Verizon, D.C. Cir. EFF supported Verizon in a successful challenge to a lower court ruling holding that the company must reveal the identity of a Verizon customer accused of copyright infringement using the peer-to-peer file-sharing software KaZaA. The DC Circuit Court of Appeals agreed with Verizon and EFF that the special subpoena provisions in the DMCA apply to potentially infringing material stored on an ISP server, not material stored on an individual's own computer.
2004: DirecTV v. Treworgy, 11th Circuit. EFF helped defend "smart card" technology owner Mike Treworgy after DirecTV sued him based on the fact that he purchased hardware that could be used to intercept the company's satellite TV signals. Treworgy prevailed in the 11th Circuit Court of Appeals, which found that DirecTV cannot sue individuals for "mere possession" of smart-card technology. In separate negotiations with DirecTV, EFF succeeded in getting the company to drop its "guilt-by-purchase" litigation strategy altogether.
April 19, 2004: Initiated the Patent Busting Project to challenge "illegitimate patents that suppress non-commercial and small business innovation or limit free expression online"
May 2004 Doe v. Ashcroft. Filed amicus supporting ACLU's challenge to the constitutionality of 18 U.S.C. § 2709, which authorizes the FBI to compel the production of subscriber and communications records in the possession of a broad range of ISPs, potentially covering billions of records from tens of thousands of entities. These demands, known as National Security Letters, were issued without judicial oversight of any kind, yet allowed the FBI to obtain a vast amount of constitutionally protected information. In September 2004, Judge Victor Marrero of the Southern District of New York issued a landmark decision striking down the NSL statute and the associated gag provision.
August 2004: Chamberlain v. Skylink. EFF helped defend Skylink in the Federal Circuit that puts limits on the controversial "anti-circumvention" provision of the DMCA. Chamberlain, the manufacturer of garage doors, invoked the provision to stop Skylink from selling a "universal" remote control that works with Chamberlain garage doors. The court rejected Chamberlain's claims, noting that if it adopted the company's interpretation of the DMCA, it would threaten many legitimate uses of software within electronic and computer products—something the law aims to protect.
August 19, 2004: defeat in MGM vs. Grokster. Fred von Lohmann of EFF as lead counsel representing Streamcast Networks. EFF prevailed before the Ninth Circuit Court of Appeals with a decision affirming the "Betamax doctrine"—the rule following the Supreme Court's 1984 holding that a company that creates a technology cannot be held liable for copyright violations by users if the technology has substantial legal uses. The Ninth Circuit Court of Appeals ruled that neither were liable for infringements by people using their software to distribute copyrighted works. However, on June 27, 2005 U.S. Supreme Court reversed, finding the defendants liable for copyright infringement, though the Court preserved the Betamax doctrine. Co-defendant Grokster eventually settled with MGM and disbanded the company.
October 6, 2004: In cooperation with 8 other public interest organizations, submitted a brief challenging the FCC's authority to impose the broadcast flag mandate, which was to go into effect during July 2005.
October 15, 2004: Successfully represented the nonprofit ISP Online Policy Group (OPG) and two Swarthmore College students who published major security flaws in Diebold Election Systems voting machines. From the press release: "Diebold is the first company to be held liable for violating section 512(f) of the DMCA. which makes it unlawful to use DMCA takedown threats when the copyright holder knows that infringement has not actually occurred."
2004: JibJab Media v. Ludlow Music, N.D. Cal. EFF successfully defended JibJab, the creators of a parody flash animation piece using Woody Guthrie's "This Land Is Your Land"—and uncovered evidence that the classic folk song is in fact already part of the public domain.
November 2004: Filed brief opposing the FCC's proposal to expand CALEA to broadband Internet access providers and VOIP systems.
December 2004: Started promoting and supporting Tor, a second generation Onion Routing network that allows people to communicate anonymously, through tor.eff.org
June 2005: Issued a Legal Guide for Bloggers, designed to be a basic roadmap to the legal issues one may confront as a blogger, to let bloggers know their rights.
October 2005: investigated and documented how the Xerox DocuColor printer's serial number, as well as the date and time of the printout, are encoded in a repeating 15 by 8 dot pattern in the yellow channel on printed pages. EFF is working to reverse engineer additional printers. (See: Printer identification encoding)
November 2005: EFF, along with two leading national class action law firms, filed suit against Sony BMG Music Entertainment, demanding that the company repair the damage done by the First4Internet XCP and SunnComm MediaMax software it included on over 24 million music CDs. See generally the 2005 Sony CD copy protection controversy.
January 2006 (Hepting vs. AT&T): EFF files a class action lawsuit against AT&T alleging that AT&T allowed the NSA to potentially tap the entirety of its clients' internet and Voice over IP communications.