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EFFector Vol. 35, No. 12 Monday, September 25, 2023 [email protected]

A Publication of the Electronic Frontier Foundation
ISSN 1062-9424

effector: n, Computer Sci. A device for producing a
desired change.

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In our 798th issue:

* VICTORY! EFF Frees the Law
Technical standards like fire and electrical codes developed by private
organizations but incorporated into public law can be freely disseminated
without any liability for copyright infringement, a federal appeals court
ruled. The decision by a three-judge panel of the U.S. Court of Appeals for
the District of Columbia Circuit upholds the idea that our laws belong to all
of us, and we should be able to find, read, and share them free of
registration requirements, fees, and other roadblocks. It's a long-awaited
victory for Public.Resource.org [1], a nonprofit organization founded in 2007
by open records advocate Carl Malamud of Healdsburg, Calif., and represented
in this case by EFF with co-counsel Fenwick & West and David Halperin.


[1] [link removed]
Read more: [link removed]

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EFF Updates

* EFF Urges Appeals Court to Re-hear Case over Trump’s X Account
A federal appeals court undermined more than a century of First Amendment law
by upholding a gag order that kept X—formerly known as Twitter—from
discussing the government’s demand for Donald Trump’s account data, EFF
argued in a brief urging a re-hearing.

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* EFF to Michigan Court: Governments Shouldn’t Be Allowed to Use a Drone to Spy on You Without a Warrant
Should the government have to get a warrant before using a drone to spy on
your home and backyard? We think so, and in an amicus brief filed last Friday
in /Long Lake Township v. Maxon/, we urged the Michigan Supreme Court to find
that warrantless drone surveillance of a home is unconstitutional. We argue
that the township's conduct was governed by and violated the Fourth Amendment
and the equivalent section of the Michigan Constitution.

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* EFF Welcomes Erica Astrella and Yoshi Kohno to Its Board of Directors
EFF is honored to announce today that Erica Astrella, Head of Technology at
Parkwood Entertainment and a leading voice for diversity and equity in tech,
and University of Washington Computer Science & Engineering Professor
Tadayoshi “Yoshi” Kohno, a renowned security researcher and scholar, have
joined EFF’s Board of Directors.

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* New Privacy Badger Prevents Google From Mangling More of Your Links and Invading Your Privacy
We released a new version of Privacy Badger that updates how we fight “link
tracking” across a number of Google products. With this update Privacy
Badger removes tracking from links in Google Docs, Gmail, Google Maps, and
Google Images results. Privacy Badger now also removes tracking from links
added after scrolling through Google Search results.

 

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* Audio Version of EFFector Newsletter
Here’s an audio version of EFFector. We hope you enjoy it!

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Announcements

* We Want YOU (U.S. Federal Employees) to Stand for Digital Freedoms
It's that time of the year again! U.S. federal employees and retirees can
support the digital freedom movement through the Combined Federal
Campaign—the largest and most successful annual charity campaign for U.S.
federal employees and retirees. Last year, 175 members of the CFC community
raised over $34,000 for EFF's lawyers, activists, and technologists fighting
for digital freedoms online. But, in a year with many threats popping up to
our rights online, we need your support now more than ever.

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* “California Constitutional Privacy at 50: Power of State Law and Promoting Racial Justice in the Digital Age”
EFF’s Lee Tien will speak on a panel about California constitutional
privacy and Cindy Cohn will moderate a panel on fighting the public/private
surveillance partnership at the Berkeley Technology Law Journal’s fourth
annual technology and racial justice symposium on Friday, October 27 at the
Bancroft Hotel in Berkeley. The symposium—hosted with the Berkeley Center
for Law & Technology, Coalition of Minorities in Technology Law, Privacy Law
at Berkeley, and Thelton E. Henderson Center for Social Justice—will bring
together leading academics and practitioners to explore the landscape of
California’s constitutional right to privacy at age 50, highlight how the
right is currently used to promote racial justice and other social progress,
and discuss new creative and intersectional uses of state constitutional
rights to privacy to defend and promote justice in the digital age.

 

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* Tor University Challenge
EFF has launched the Tor University Challenge, a campaign urging higher
education institutions to support free, anonymous speech by running a Tor
network relay. Universities answering this call to defend private access to
an uncensored web will receive prizes while helping millions of people around
the world and providing students and faculty a vital learning experience.
Tell your alma mater to join the network today!

 

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* New Watchers T-shirt!
Don’t miss out on our new member t-shirt for 2023! Donate at the Copper
Level or above to receive our new Watchers t-shirt.

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Job Openings

* Media Relations Specialist
EFF is hiring a *Media Relations Specialist *to work closely with the Media
Relations Director to ensure that EFF’s communications with news gatherers
of all kinds is prompt, effective, and proactive. The Media Relations
Specialist sometimes also writes and edits press releases and blog posts, and
helps everyone at EFF uncover press-friendly ways to communicate our work.
Click here [1] to learn more about this job.


[1]
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* Legislative Analyst
EFF is hiring a *Legislative Analyst* to help EFF oppose and/or develop and
support legislation affecting technology, innovation, and civil liberties by:
advising EFF on legislative strategy with policymakers at local, state, and
the federal level; maintaining relationships with key legislative offices and
developing a bridge between EFF expertise and policymakers; building and
working with coalitions; engaging with media; testifying on legislative
panels on behalf of the organization to influence policy; drafting comments
for agency rulemakings; drafting and/or commenting on legislative text; and
drafting blog posts or other public-facing communications. Click here [1] to
learn more about this job.


[1]
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MiniLinks

- The Risks of Stalkerware (ABC News/Good Morning America)
EFF’s Eva Galperin helps Good Morning America’s Becky Worley explore the
risk of electronic surveillance applications, which some parents use to
monitor kids but others have used for malicious purposes.

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- Here’s Why Arkansas’ New Anti-Transparency Law Should Piss You Off (The Daily Beast)
Under the guise of “security concerns,” Arkansas Gov. Sarah Sanders made
a brash attempt to gut her state’s public records law. And then an
unexpectedly beautiful thing happened, EFF’s Beryl Lipton writes: Members
of the public on the political left and right, in the media and in labor and
from all walks of life, united to assert their right to know. The bill that
finally passed is still bad for transparency—it severely restricts
materials on who travels with the governor, how much it costs, and the
activities of the Arkansas State Police—but it doesn’t ravage citizens’
rights as badly as the first version would have. That’s thanks to the power
of the people.

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- 5th Circuit finds Biden White House, CDC likely violated First Amendment (Washington Post)
EFF filed a brief in July arguing that government input into social media
platforms’ decisions about user content raises serious First Amendment
concerns and the government must be held accountable for violations, but not
all such communications are improper. The U.S. Court of Appeals for the Fifth
Circuit agreed, and rolled back much of a trial court’s injunction—an
outcome EFF’s David Greene called  “a thousand times better.”

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- California enacts first-of-its-kind bill targeting data brokers (The Record)
California lawmakers enacted unprecedented legislation allowing state
residents to compel data brokers to delete their personal information with
the push of a button. EFF was a proud supporter of the DELETE Act, and
EFF’s Hayley Tsukayama said advocates “hope other states looking to
address data broker issues consider [the DELETE Act] as a template.”

[link removed]

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-------- 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. Check out
our FAQ for information on memberships, donations, shop orders, corporate
giving, matching gifts, and other ways to give.
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If you aren't already, please consider becoming an EFF member today.


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* Administrivia

Editor:
[email protected]

EFFector is published by:
The Electronic Frontier Foundation
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Membership & donation queries:
[email protected]

General EFF, legal, policy, or online resources queries:
[email protected]

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

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