In The News
Retailers Threaten To Sue Sites For Posting Circulars
By Wendy Davis, Mediapost
In what is fast becoming a holiday tradition, retailers are barraging coupon sites with complaints that they publicized upcoming markdowns before the stores wanted to release the information...
Electronic Frontier Foundation lawyer Corynne McSherry added that pursuing claims that upcoming discounts are "trade secrets" could generate bad publicity for retailers. "In a court of public opinion, especially in these economic times, it's not going to look good to say, 'We make a lot of money by not telling people that we're about to put stuff on sale,' " McSherry said.
EFF Defends Rights Of Parody Site Creator
By Wendy Davis, Mediapost
The Internet has made it possible for every citizen with a gripe against a company to broadcast their feelings far and wide online. But that doesn't mean that businesses are happy about this...
This morning, the Electronic Frontier Foundation filed a counterclaim against the Union Square Partnership on Durkee's behalf. The rights group argues that Durkee only incorporated portions of the official site in order to mock the organization.
"Because the disputed website is a parody, it by necessity mimics certain elements of USP's website," the group argues. "For example, the parody site replaced pictures of happy shoppers with photos of the 80 year-old elm trees that have been destroyed and a portrait of a squirrel holding a 'Keep Parks Public!' sign."
Early Test for Obama on Domestic Spying Views
By James Risen and Eric Lichblau, New York Times
President-elect Barack Obama will face a series of early decisions on domestic spying that will test his administration’s views on presidential power and civil liberties...
The Justice Department has already moved to take advantage of the immunity provision by certifying in court that the phone companies were complying with a presidential order. But the Electronic Frontier Foundation, a civil liberties group that has taken the lead in the lawsuit, maintains that Congress acted beyond its powers.
A hearing is set for Dec. 2. Cindy Cohn, legal director for the foundation, said that as the case moved forward the new administration could act to withdraw the immunity certification made by the Bush Justice Department.
FOIA docs show feds can lojack mobiles without telco help
By Julian Sanchez, Ars Technica
Courts in recent years have been raising the evidentiary bar law enforcement agents must meet in order to obtain historical cell phone records that reveal information about a target's location. But documents obtained by civil liberties groups under a Freedom of Information Act request suggest that "triggerfish" technology can be used to pinpoint cell phones without involving cell phone providers at all...
This summer, however, the American Civil Liberties Union and Electronic Frontier Foundation sued the Justice Department, seeking documents related to the FBI's cell-phone tracking practices. Since August, they've received a stream of documents—the most recent batch on November 6—that were posted on the Internet last week.
Judges Urge Standard Cellphone-Tracking Policy
By Ellen Nakashima, Washington Post
Magistrate judges across the country are renewing calls for Congress to set a consistent legal standard for law enforcement to meet when seeking cellphone tracking information about a wireless provider's customers...
The inconsistencies are so pronounced that last year, federal judges in the Central District of California created two application forms - one for judges who require a warrant based on probable cause, and one for those who don't, according to documents obtained by the American Civil Liberties Union and the Electronic Frontier Foundation. Those groups sued the government under the Freedom of Information Act for disclosure of records showing how widespread the practice is.
EFF: Kentucky domain seizures flawed on many levels
By John Timmer, Ars Technica
In September, the state of Kentucky won a legal victory in its fight to control gambling within its borders, as a judge ordered the seizure of the domain name registrations of a variety of online gambling outfits. Although the ruling targeted 141 sites, the legal challenge has been accepted by two of the businesses targeted, which have filed an appeal in the case. Their appeal has now been joined by the Electronic Frontier Foundation, ACLU, and the Center for Democracy and Technology, who use an amicus brief to argue that the initial seizure ruling was flawed on several levels.
Long Haul Gets Computers Back, Wants UC to Delete Seized Info
By Richard Brenneman , Berkeley Daily Planet
Berkeley’s Long Haul Infoshop finally has its computers back, but its legal battle with UC Berkeley is far from settled.
Jennifer Granick, Civil Liberties Director for the Electronic Frontier Foundation (EFF) in San Francisco, said she has asked the campus police to delete all the information they seized during an Aug. 27 raid at the Infoshop.
Attorneys for Palin email hacker: 'Don't call him hacker'
By Dan Goodin, The Register
Attorneys for the University of Tennessee student accused of breaking into Alaska Governor Sarah Palin's email account have filed a small forest's worth of court documents in defense of the high-profile suspect. Among them is a motion to prohibit prosecutors from referring to their client as a hacker...
The indictment "is very strangely pled and circular," said Jennifer Granick, a staff attorney for the Electronic Frontier Foundation. "It's not surprising given the nature of the charges and given the quality of the indictment that the defendant would see a real opportunity here to make some points in favor of the defendant."
Online Political Ads Spark Copyright Battle
By Amy Harder, National Journal
While the on-air sparring between Barack Obama and John McCain is finally over, another battle may be brewing, propelled by the very same commercials and Web videos the campaigns used to attack each other...
"In a world where you're getting sued left and right, it becomes a very strong incentive to take everything down, because you'll have the shield of the law," said EFF senior staff attorney Fred von Lohmann.
U.S. Elections -- It Takes a Village
By Kim Zetter, Wired News
For years the U.S. has been sending observers oversees to monitor foreign election processes and help assure that democratic principles are followed abroad...
Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, saw an opportunity for his organization to provide a real-time service in 2008 that would expand on those efforts and serve not only voters, volunteers, and Election Protection's legal experts but also the media, academics and others looking to document areas that needed election reform.
"In previous iterations of this stuff, it had all been done on paper and all this stuff ended up in desk drawers and was never looked at," said Zimmerman, who also leads EFF's e-voting litigation efforts. "We thought that seemed to be a bad idea."

