It’s been a good month for privacy and electronic freedom. Justice Ginsburg ruled RIAA’s use of the DMCA subpoenas and their argument “borders upon the silly.” Read the Ginsburg decision in PDF format (pretty clear in her message!) Looks like the judicial branch is slowly but steadily and surely limiting the broad, abusive powers granted under the DMCA, applying conservative readings at most turns. DMCA still needs to be pulled in the legislature, but it is reassuring to see the system work—checks and balances.
Norway’s Jon Lech Johansen’s earlier acquittal on all counts of alleged copyright violations—stemming from his creation of a way to read DVD’s on Linux — was upheld by a panel of seven judges (three full time judges and four “lay” judges, of which two had technical expertise) in the appeals court. It will probably go on to Norway’s supreme court, but this type of unanimous decision at the appeals court level does not bode well for the prosecution’s chances.
Finally Black Box Voting systems and especially Diebold, have come under greater and greater scrutiny by the general press—even being named as Fortune Magazines worst technology of 2003—as well as EFF(Electronic Frontier Foundation) and the technical press. More states and districts are requiring paper trails, and Diebold was raked over the coals when it was discovered in California that NONE of the fielded black boxes were running the state certified software. Diebold also backed down after the EFF and Center for Internet and Society Cyberlaw Clinic at Stanford Law School stepped in to provide legal representation to two college students and a non-profit ISP being sued by Diebold for Copyright violations under the DMCA. Diebold has agreed not to sue and to retract all prior legal threats from all ISP’s and individuals it sent them out to. EFF and the team from Stanford are seeking a final court order that will clarify the legality of providing links and protect posters, linkers and ISP’s.
If you can, support the EFF with membership or a gift. They have been instrumental in helping in all of these issues.
