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In our 690th issue:

Copyright Week 2016: Making Copyright Work for the Public

Last week, EFF co-hosted Copyright Week, a series of actions and discussions addressing what we need to do to make sure that copyright policy promotes creativity and innovation. Every day last week, we and allied groups took on different elements of the law, from transparency and fair use to defending the public domain and ensuring your control over your own devices.

We'll Probably Never Free Mickey, But That's Beside the Point

Mickey Mouse is synonymous with copyright term extension, and with good reason. Every time the first Mickey cartoons creep towards the public domain, Disney's powerful lobbyists spring into action, lobbying Congress for a retrospective term-extension on copyright. In 1976 and 1998, the U.S. Congress gave Disney—and everyone else, including absentee proprietors—decades of extra copyright on works that already existed. Why is Disney fighting so hard to keep cartoons from entering the public domain?

Digital Freedom Depends on the Right to Tinker

One of the most crucial issues in the fight for digital freedom is the question of who will control the hardware that you have in your home, in your pocket, or in your own body. People routinely entrust their health, safety, and privacy to technology, from medical implants and vehicles, to devices with microphones you keep in your pocket, or cameras in smart TVs aimed at your living room. There are good reasons to outsource decisions about your devices' software, but you should always have the ultimate say.

Fair Use Economics: How Fair Use Makes Innovation Possible and Profitable

Just over 30 years ago, the Supreme Court issued its landmark ruling in Sony v. Universal City Studios (the Sony/Betamax case), clearing the way for a technology company to sell its products, even though they could potentially be used for infringing purposes, if capable of "substantial noninfringing uses." Fair use makes sure that the rights of the public expand at the same time, so add-on creativity and innovation can continue to thrive. But we still see fair use tested, for instance, by a ruling in Fox News v. TVEyes that we look forward to seeing overturned on appeal.

EFF Updates

EFF Pries More Information on Zero Days from the Government's Grasp

Until this month, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret. Now, in the face of EFF's marshaling overwhelming evidence that admitting to offensive use of zero day vulnerabilities would not damage national security, the charade is over. The newly disclosed version of the Vulnerabilities Equities Process (VEP) officially confirms what everyone already knew: the use of zero days isn't confined to the spies. We're glad to have forced a little more transparency on this important issue, but we'll be in court next month to press for more, including disclosure of which agencies participate in the VEP.

The FCC Should Ensure Digital Rights for Prisoners and Their Families

EFF filed comments last week with the Federal Communications Commission (FCC), which is considering new regulations for telecommunications technology in corrections facilities. We raised concerns about privacy, as well as prison officials using new technology to justify restricting in-person visitation or traditional mail. We also addressed communications services provided under unfair terms, such as imposing artificially inflated fees possible only because the services operate monopolies at each prison or jail.

Send in Your FOIA Horror Stories for The Foilies 2016

Last year, EFF launched our inaugural, tongue-in-cheek awards series for government agencies who thwarted, stymied, foot-dragged, and retaliated in response to Freedom of Information Act (FOIA) and other public records requests. Once again, EFF will announce many, many Foilies winners during Sunshine Week, March 13-19, 2016. But before we can publicly shame those who foiled your access to government records, we need your nominations.

How the Senate Should Fix the FOIA Reform Bill

The U.S. House of Representatives passing a bill last week to amend the Freedom of Information Act (FOIA), a law that even lawmakers admit is broken. EFF and a coalition of other groups are calling on the Senate to pass a law that meaningfully improves government transparency and accountability through access to federal records. The current bill is a step forward, but lawmakers must ensure that it results in more than mere cosmetic changes to FOIA.

Ike Had a Dream, and it Unfortunately Came True

Sunday, January 17 was the 55th anniversary of a speech delivered by the last victorious military commander to occupy the White House: president Dwight D. 'Ike' Eisenhower. His final speech while in office issued a prescient warning that holds crucial implications for today's fight to stop NSA mass surveillance, as well as the history we celebrated on Martin Luther King Day.

Senator Franken Concerned Over Google’s Treatment of Student Privacy

After we filed our complaint with the Federal Trade Commission about Google's unauthorized collection of personal information from school children using Chromebooks and the company's educational apps, we heard from hundreds of parents around the country concerned about K-12 student privacy. This month, an important voice in Washington joined their growing chorus: Senator Al Franken (D-MN), ranking member of the Senate Judiciary Subcommittee on Privacy, Technology and the Law.

miniLinks

Saudi Arabia arrests prominent human rights activist based on tweets

Saudi Arabian officials detained prominent human rights activist Samar Badawi, who in 2012 received an International Women of Courage Award, on charges of "turning the public opinion against the state." Badawi was arrested and ultimately released after being interrogated about tweets she had posted on behalf of imprisoned relatives including her brother, a technologist, and former husband, a human rights lawyer.

New York's first public Wi-Fi hubs are now live

New York installed one of four public Wi-Fi network hubs as part of a city-wide program to replace decommissioned payphones with fast wireless service. Users responded enthusiastically; Gizmodo tested the network using Speedtest, and found that it benchmarked at 436.37Mbps down and 360.55Mbps up with a ping time of 6ms.

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

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Administrivia

Editor: Shahid Buttar, Director of Grassroots Advocacy
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EFFector is a publication of the Electronic Frontier Foundation.
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Announcements

EFF at Enigma: Deciphering the Underground

EFF is a sponsor of Enigma, a new security conference by USENIX geared towards those working in both industry and research. Expect three full days of high-quality speakers featuring EFF's Chief Computer Scientist Peter Eckersley, Technologist Fellow Yan Zhu, Software Engineer Bill Buddington, Global Policy Analyst Eva Galperin, and Special Advisor Morgan Marquis-Boire.
January 25-27, 2016
San Francisco, CA

Computers, Privacy, and Data Protection Conference

EFF Staff Attorney Nate Cardozo will be participating on a panel about transparency reports. This panel will discuss whether transparency reports are actually a tool that contributes to transparency and accountability, whether companies (alone) are the best-suited entities to publish them and whether regulation of the content and publication of transparency reports is necessary.
January 28, 2016
Brussels, Belgium

Speakeasy: Brussels

Meet EFF for a drink in Brussels! Raise a glass with EFF staffers including Staff Attorney Nate Cardozo, Director for International Freedom of Expression Jillian York, and Civil Liberties Director David Greene.
January 26, 2016
Brussels, Belgium

Hacking the Patent System

After years of political debates over legislative fixes, the patent system still isn't working. What should a startup do? Join Engine, EFF's Daniel Nazer, students from Stanford Law's IP and Innovation Clinic, and industry leaders for a discussion on ways to Hack the Patent System. From patent pools, to defensive licensing programs, to litigation insurance, there are a lot of options to consider.
February 2, 2016
San Francisco, CA

Encryption Apps for your Phone @SFPL

Join EFF's Lisa Wright and William Theaker as they lead a beginning-intermediate workshop on encryption apps for your mobile phone. Bring your mobile phone so you can install the encryption applications, and a friend (and their phone) so you can test them!
February 16, 2016
San Francisco, CA

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