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EFFector Vol. 35, No. 14 Monday, November 6, 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 800th issue:

* Internet Access Shouldn't Be a Bargaining Chip In Geopolitical Battles
We at EFF are horrified by the events transpiring in the Middle East:
Hamas’ deadly attack on southern Israel and Israel’s ongoing retributive
military attack and siege on Gaza. While we are not experts in military
strategy or international diplomacy, we do have expertise with how human
rights and civil liberties should be protected on the internet—even in
times of conflict and war.

Read more: [link removed]

* Social Media Platforms Must Do Better When Handling Misinformation, Especially During Moments of Conflict
In moments of political tension and social conflict, people have turned to
social media to share information, speak truth to power, and report
uncensored information from their communities. There are steps that social
media platforms can take to increase the likelihood that their sites are
places where reliable information is available—particularly during moments
of conflict.

Read more: [link removed]

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EFF Updates

* The Red Flag Machine: How GoGuardian Invades Student Privacy
GoGuardian is a student monitoring tool that watches over 27 million students
across 10,000 schools, but what it does exactly, and how well it works,
isn’t easy for students to know. To learn more about its functionality,
accuracy, and impact on students, we filed dozens of public records requests
and analyzed tens of thousands of results from the software. Using data from
multiple schools in both red and blue states, what we uncovered was that, by
design, GoGuardian is a red flag machine—its false positives heavily
outweigh its ability to accurately determine whether the content of a site is
harmful. This results in tens of thousands of students being flagged for
viewing content that is not only benign, but often, educational or
informative.

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* VICTORY! California Department of Justice Declares Out-of-State Sharing of License Plate Data Unlawful
California Attorney General Rob Bonta has issued a legal interpretation and
guidance for law enforcement agencies around the state that confirms what
privacy advocates have been saying for years: It is against the law for
police to share data collected from license plate readers with out-of-state
or federal agencies. This is an important victory for immigrants, abortion
seekers, protesters, and everyone else who drives a car, as our movements
expose intimate details about where we’ve been and what we’ve been doing.

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* Young People May Be The Biggest Target for Online Censorship and Surveillance—and the Strongest Weapon Against Them
Young people are targeted by governments, schools, and sometimes parents who
either don’t understand or won’t admit the value offered by online
spaces, and technology in general, no matter your age. EFF wants you to fight
back; here’s a toolbox to get you started.

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* EFF to Copyright Office: Copyright Is Indeed a Hammer, But Don’t Be Too Hasty to Nail Generative AI
Generative AI has sparked a great deal of hype, fear, and speculation. Courts
are just beginning to analyze how traditional copyright laws apply to the
creation and use of these technologies. Into this breach has stepped the
United States Copyright Office with a call for comments on the interplay
between copyright law and generative AI. Because copyright law carries
draconian penalties and grants the power to swiftly take speech offline
without judicial review, it is particularly important not to hastily expand
its reach.

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* Access to Law Should Be Fully Open: Tell Congress Not to Be Fooled by the Pro Codes Act
Having lost in court, standards development organizations are now looking to
Congress to shore up their copyright claims, via the Pro Codes Act—a
deceptive power grab that will help giant industry associations ration access
to huge swaths of U.S. law. Tell Congress not to fall for it.

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* What the !#@% is a Passkey?
A new login technique is becoming available in 2023: the passkey. The passkey
promises to solve phishing and prevent password reuse. But lots of smart and
security-oriented folks are confused about what exactly a passkey is.
There’s a good reason for that. A passkey is in some sense one of two (or
three) different things, depending on how it’s stored.

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

[link removed]

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Announcements

* We Want YOU (U.S. Federal Employees) to Stand for Digital Freedoms
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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* Our Newest Organizational Member!
Welcome and thank you to Atsign, an EFF organizational member supporting our
fight for digital security.

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* Tor University Challenge
EFF is conducting 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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* "Speaking Freely" is back!
EFF's series of interviews with free-speech thought leaders has returned.
David Greene interviewed Nadine Strossen [1]— a constitutional law
professor at New York Law School, a Senior Fellow with FIRE, the Foundation
for Individual Rights and Expression, and was the President of the American
Civil Liberties Union from 1991 through 2008. And don't miss David's
interview with Grecia Macìas [2], a lawyer at R3D: La Red en Defensa de los
Derechos Digitales.


[1] [link removed]
[2] [link removed]
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Job Openings

* Staff Attorney – Intellectual Property
EFF seeks a litigator who is excited about fostering digital creativity,
justice, and innovation to join our legal team. Candidates must have some
experience in patent litigation, plus experience with copyright issues. While
patent experience and interest is essential, you should not expect to work on
patent issues full-time; our IP and related work is varied and responsive to
evolving challenges in the digital space, so your docket will likely consist
of non-patent matters for up to 75% of your time, including non-patent
litigation. Experience with or strong interest in artificial intelligence,
unfair competition, administrative, trade secret, and/or First Amendment
litigation is preferred but not required. You will help set EFF’s strategy
for patent policy, including evaluating legislative proposals and
coordinating with allies. Staff Attorney responsibilities will include: all
aspects of litigation, including case development and management; writing
amicus briefs; blogging and other social media writing; public speaking and
media appearances; advancing legislative and regulatory matters related to
technology and the public interest; and occasional direct client counseling.
EFF will review applications on a rolling basis until the position is filled,
but no later than November 22, 2023.

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MiniLinks

- Why Some Palestinians Believe Social Media Companies Are Suppressing Their Posts (Vox)
EFF's Jillian C. York speaks about the mechanics and politics of
shadowbanning, which some say is skewing social media information about the
Israel-Hamas war.

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- UN Cybercrime Treaty: A Menace in the Making (Euractiv)
Governments met again in mid-October in Vienna to negotiate a global treaty
on cybercrime. But instead of fostering cooperation in cybercrime, the treaty
may end up facilitating cross-border repression and make it more difficult to
investigate actual cybercrimes, writes EFF's Katitza Rodriguez and Human
Rights Watch’s Deborah Brown.

[link removed]

- Editorial: Stop Sending License Data Out of State (Southern California News Group)
Great editorial from the Orange County Register, Los Angeles Daily News, and
their affiliated publications: "This reminder likely never would have
happened without the dedicated work of the Electronic Frontier Foundation,
which in May sent out a reminder of pervasive law-breaking by the supposed
law-enforcers [1]: 'Seventy-one California police agencies in 22 counties
must immediately stop sharing automated license plate reader (ALPR) data with
law enforcement agencies in other states because it violates California law
and could enable prosecution of abortion seekers and providers elsewhere.'
The EFF was joined by state chapters of the ACLU in its effort."


[1]
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- Protecting Digital Freedom with Ross Schulman (Dweb Decoded Podcast)
EFF's Ross Schulman joined former EFFer Danny O’Brien to discuss the
complexities and challenges of advocating for adoption of the decentralized
web.

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- Is It A First Amendment Violation For A Politician to Block You on Social Media? SCOTUS to Decide (Gray Television Washington News Bureau)
Public officials’ social media accounts must remain open to critics, EFF's
David Greene says. “Social media is taking the place of people writing
letters or making phone calls to their public officials.”

[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:
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General EFF, legal, policy, or online resources queries:
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Reproduction of this publication in electronic media is
encouraged. MiniLinks do not necessarily represent
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