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EFFector Vol. 36, No. 3 Monday, March 4, 2024 [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 805th issue:

* Privacy Isn't Dead. Far From It.
Privacy is a process, not a single thing. We are always negotiating what
levels of privacy we have. We might not always have the upper hand, but we
are often able to negotiate. This is why we still see some fictional
dystopias and think, “Thank God that’s not my life.” As long as we can
do this, we are winning. So don’t give in to privacy nihilism. Instead,
share and celebrate the ways we’re winning.

Read more: [link removed]

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EFF Updates

* Season 5 of “How to Fix the Internet” Is Here! “Open Source Beats Authoritarianism” with Audrey Tang
EFF’s award-winning podcast is back, and you don’t want to miss this!
What if we thought about democracy as a kind of open-source social
technology, in which everyone can see the how and why of policy making, and
everyone’s concerns and preferences are elicited in a way that respects
each person’s community, dignity, and importance? This is what Audrey Tang
has worked toward as Taiwan’s first Digital Minister, a position the free
software programmer has held since 2016. She has taken the best of open
source and open culture, and successfully used them to help reform her
country’s government. Tang speaks with EFF’s Cindy Cohn and Jason Kelley
about how Taiwan has shown that openness not only works but can outshine more
authoritarian competition wherein governments often lock up data.

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* Don’t Fall for the Latest Changes to the Dangerous Kids Online Safety Act
The authors of the dangerous Kids Online Safety Act (KOSA) unveiled an
amended version, but it’s still an unconstitutional censorship bill that
continues to empower state officials to target services and online content
they do not like. We are asking everyone reading this to oppose this latest
version, and to demand that their representatives oppose it—even if you
have already done so.

[link removed]

* EFF Helps News Organizations Push Back Against Legal Bullying from Cyber Mercenary Group
Recent months saw a campaign of bullying and censorship seeking to wipe out
stories about the mercenary hacking campaigns of a company, Appin Technology,
in general, and the company’s cofounder, Rajat Khare, in particular. These
efforts follow a familiar pattern: obtain a court order in a friendly
international jurisdiction and then misrepresent the force and substance of
that order to bully publishers around the world to remove their stories. EFF
is helping to push back on that effort, which seeks to transform a very
limited and preliminary Indian court ruling into a global takedown order.

[link removed]

* Is the Justice Department Even Following Its Own Policy in Cybercrime Prosecution of a Journalist?
After the FBI raided his home last year, freelance journalist Tim Burke has
been arrested and indicted in connection with an investigation into leaks of
unaired footage from Fox News. The raid raised questions about whether Burke
was being investigated for First Amendment-protected journalistic activities,
and EFF joined a letter at that time calling on the Justice Department to
explain whether and how it believed Burke had actually engaged in wrongdoing.
The government has now charged Burke but questions remain, including whether
the prosecution is consistent with the DOJ’s much-vaunted policy for
charging criminal violations of the Computer Fraud and Abuse Act.

[link removed]

* We Flew a Plane Over San Francisco to Fight Proposition E. Here's Why.
Proposition E, which San Franciscans will be asked to vote on in the March 5
election, is so dangerous that last weekend we chartered a plane to inform
our neighbors about what the ballot measure does and urge them to vote NO on
it. If you were in Dolores Park, Golden Gate Park, Chinatown, or anywhere in
between on Saturday, there’s a chance you saw it, with a huge banner flying
through the sky: “No Surveillance State! No on Prop E.”

[link removed]

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

[link removed]

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Announcements

* The Climate Fight is Digital at Bioneers
Register now for Bioneers’ 35th-anniversary conference this March 28-30 in
Berkeley, CA, and get a 15% discount on registration by using the code
“BioSpeaker” at checkout! With climate advocates subject to surveillance
and censorship and giant companies controlling the ways information and
knowledge flow around the world, the fight to save our climate is now
inextricably intertwined with digital rights. EFF has helped environmental
activists protect their emails from Chevron, express themselves in protest
webpages and other digital actions, understand the surveillance they are
under, and develop “Security Self-Defense” practices to protect
themselves. EFF Executive Director Cindy Cohn will keynote Bioneers on
Thursday, March 28, explaining these and other efforts, and also why EFF’s
push for open access to scientific information, sensible limitations on
patents, FOIA work, and more are critical tools for the fight to prevent
climatic unraveling. Later that day, Cindy will moderate a panel on “How to
Fight for a Fair and Free Digital Landscape” featuring EFF Senior Staff
Technologist Cooper Quintin, Staff Attorney Mario Trujillo, Managing Director
for Advocacy Nathan 'nash' Sheard, and Investigative Researcher Beryl Lipton.

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* NSA Spying Shirts Are Back Just In Time to Tell Congress to Reform Section 702
Section 702 of the FISA Amendments Act was supposed to enable overseas
surveillance of specific targets, but has become a backdoor way of mass
spying on the communications of people in the U.S. Now Section 702 is up for
renewal, so we decided our shirts should reflect the ongoing fight. For the
first time in a decade, our popular NSA Spying shirts are back, with an
updated EFF logo and design. The image of the NSA's glowering, red-eyed eagle
using his talons to tap into your data depicts the collaboration of
telecommunication companies with the NSA - a reference to our Hepting v. AT&T
and Jewel v. NSA warrantless wiretapping cases. Every purchase helps EFF’s
lawyers and activists stop the spying and unplug big brother.

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* EFF at SCALE 21x
EFF is excited to be back in Pasadena, CA, March 15-17 for SCALE 21x! Stop by
the EFF booth to chat with some of our team and learn about the latest news
in defending digital freedom for all. You can even pick up a special gift as
a token of our thanks when you take advantage of our membership specials or
donate. (And, EFF members in the Pasadena area are invited to join us for a
Speakeasy meet up [1] March 15!)


[1] [link removed]
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Job Openings

* Staff Attorney - Intellectual Property
Staff Attorneys advance digital rights by means of integrated legal advocacy,
including developing and prosecuting substantive lawsuits, filing amicus
briefs, counseling clients,enforcing public records requests, lobbying
legislators, communicating with the general public, helping develop EFF
policy, and supporting the work of EFF’s activists and technologists. For
this position, we are looking for candidates with experience litigating
copyright issues. Experience with or a strong interest in patent law,
artificial intelligence, unfair competition, and administrative, or trade
secret litigation is preferred but not required. The ideal candidate will
have at least three years of litigation experience, though some qualified
candidates may have more. That experience should include devising and
carrying out case strategy and handling day-to-day projects and deadlines.

[link removed]

* Staff Attorney - Civil Liberties
Staff Attorneys advance digital rights by means of integrated legal advocacy,
including: developing and prosecuting substantive lawsuits, filing amicus
briefs, counseling clients, enforcing public records requests, lobbying
legislators, communicating with the general public, helping develop EFF
policy, and supporting the work of EFF’s activists and technologists.
Responsibilities include managing all aspects of litigation, developing and
communicating EFF policy positions, counseling clients on non or
pre-litigation matters, communicating EFF positions to the public, and
providing organizational, administrative, and other support. Requirements
include a law degree, California Bar admission (which may occur after being
hired by EFF), at least three years litigation experience, and more.

[link removed]

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MiniLinks

- Opinion: Gutting Key Internet Law Won’t Truly Protect Children Online (Mercury News/East Bay Times)
Members of Congress on both sides of the aisle are talking about changing a
key law that ensures every American is able to speak online. Bipartisan
consensus is a rare thing in politics these days. Unfortunately, they’re
wrong, EFF’s Aaron Mackey wrote.

[link removed]

- Supreme Court Hears Cases Involving Free Speech Rights on Social Media (PBS Newshour)
“I think we can all agree that content moderation as a process is really
problematic,” EFF’s David Greene said. “I don't think the right
solution to that is to give the government the ability to impose its own
editorial viewpoints on private actors. I think that's a dangerous power to
hand the government.”

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- Forget Passwords and Badges: Your Body Is Your Next Security Key (Wall Street Journal)
Even the best technology makes mistakes, EFF’s Hayley Tsukayama said. If
the software confuses someone’s identity, it will be important that workers
have the right to appeal. The stakes are particularly high with biometric
data, she says. “No one can issue me new fingerprints. No one can issue me
a new face. And so if that information is hacked, for example, and in a
format where other people can use it, that’s the whole game.”

[link removed]

- When Is Data an Asset and When Is It a Liability? (CISO Series Defense in Depth podcast)
Collecting and retaining too much data is a big risk for both your
organization and for the people to whom that data belongs. EFF’s Mario
Trujillo joined this podcast for chief information security officers to
discuss embracing data minimization that doesn’t clash with business needs.

[link removed]

- Feds Want to Ban the World’s Cutest Hacking Device. Experts Say It's a ‘Scapegoat’ (Motherboard/VICE)
“Banning Flipper Zero devices is tantamount to banning a multi-tool because
it can be used for vandalism, or banning markers because they can be used for
graffiti,” EFF’s Bill Budington said. “Moreover, tools like the Flipper
Zero are used by security researchers involved in researching and hardening
the security of systems like car fobs—banning them will result in tangible
harms."

[link removed]

- A Virtual Reality Tour of Surveillance Tech at the Border (The Markup)
EFF’s Dave Maass gave investigative reporter Monique O. Madan a virtual
tour of surveillance technology along the U.S.–Mexico border, from San
Diego, CA to Brownsville, TX in just 90 minutes.

[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.


[link removed]


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* Administrivia

Editor:
[email protected]

EFFector is published by:
The Electronic Frontier Foundation
[link removed]

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.

Back issues of EFFector are available via the Web at:
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