From: Chris Chiu
To: Gilc-Announce (E-mail)
Sent: 26/01/04 20:39
Subject: [Gilc-announce] GILC Alert

GILC Alert
Volume 8, Issue 1
26 January 2004

Welcome to the Global Internet Liberty Campaign Newsletter.

Welcome to GILC Alert, the newsletter of the Global Internet Liberty
Campaign. We are an international organization of groups working for
cyber-liberties, who are determined to preserve civil liberties and
human rights on the Internet.
We hope you find this newsletter interesting, and we very much hope that
you will avail yourselves of the action items in future issues.
If you are a part of an organization that would be interested in joining
GILC, please contact us at <[log in to unmask]>.
If you are aware of threats to cyber-liberties that we may not know
about, please contact the GILC members in your country, or contact GILC
as a whole.
Please feel free to redistribute this newsletter to appropriate forums.

===============================================
Free expression
[1] Two DVD speech cases end badly for Hollywood
[2] French plan may lead to more Net censorship
[3] Police in India push cybercafe restrictions
[4] US plan to restrict flow of mere facts moves forward
[5] Syrian Net critic remains in prison
[6] Cuba implements further Net restrictions
[7] Hollywood sues still more Net filesharers
[8] New UK emergency powers laws provoke criticism
[9] Chinese cyberdissident still in legal limbo
[10] Vietnamese Net critic receives multi-year jail sentence
[11] Adobe, HP products contain hidden anti-copying features
[12] Iranian court orders blocking of reformist website
[13] Court battle over US state Net blocking law
[14] European group sues over crippled CDs

Privacy
[15] US president: renew expanded spy powers
[16] Italian data retention plan draws fire
[17] US gov't again pushes Net phone tapping rules
[18] Verisign to help create Net-based RFID tracking system
[19] Limited South Korean mobile phone privacy rules pushed
[20] Disney policy change may weaken Net users' privacy
[21] PCP system may enhance mobile computing privacy
[22] British spy laws spur surveillance industry

===========================================================
[1] Two DVD speech cases end badly for Hollywood
===========================================================
Efforts by various entertainment industry groups to stifle the
development and spread of a controversial DVD-related computer program
have met with defeat on two fronts.

In 1999, Norwegian teenager Jon Johansen wrote DeCSS to help Linux
operating system users watch DVDs on their machines. Norwegian
authorities briefly detained Johansen in early 2000 for his activities
but released him soon afterwards. Nearly 2 years later, he was arrested
once more on the theory that by developing DeCSS, he violated a
Norwegian law against break-ins. Presiding judge Irene Sogn subsequently
cleared Johansen of the charges, but the Norwegian government (on behalf
of the Motion Picture Association of America) appealed the decision.

The appeals court then cleared Johansen of all charges. Among other
things, the panel held that the use of DeCSS did not "represent any
great danger for illegal reproduction of DVDs in competition with the
movie producers." The court also held that DVD packaging language that
prohibited copying was invalid because it "would limit the right of the
consumer" to reproduce "copies of published works for private use when
this is not commercial." Moreover, the panel noted that there was no
evidence of "anybody else having used DeCSS for illegally acquired DVD
movies" or that, "by making DeCSS available on the Internet," Johansen
had "contributed to the private copying of feature movies by others."
Norwegian prosecutors decided not to appeal this latest ruling, thereby
bringing the case to an end.

In related news, the Digital Video Disc Content Control Association (DVD
CCA) has asked a court in California to dismiss its lawsuit against
hundreds of people for posting DeCSS online or providing weblinks to the
program. The consortium, an ad hoc group that purportedly represents
members of the DVD industry, had previously claimed that these actions
amounted to a breach of trade secrets law.

Free speech advocates have greeted these latest developments with
jubilation. Robin Gross, the executive director of IP Justice (a GILC
member), said it was "is delightful to see the Norwegian courts stand up
to Hollywood and defend the rights of its citizens to engage in lawful,
but unauthorized, uses of DVD movies. Both the Norwegian city and
appeals courts have wisely recognized that when you buy a DVD, you own
it; and Hollywood does not have the right to tell you how you may use
your property." Similarly, Cindy Cohn from the Electronic Frontier
Foundation (EFF-a GILC member) hoped that "Johansen's acquittal ... will
... convince Hollywood to stop filing unfounded charges in cases where
there is no copyright infringement." Cohn also said that her
organization was  "pleased that the DVD CCA has finally stopped
attempting to deny the obvious: DeCSS is not a secret."

The text of the appeals court decision is available (in PDF format) at
http://www.ipjustice.org/johansen/DVD-Jon-Borgarting-1-eng.pdf

The text of the Judge Sogn's decision is posted under
http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/20030
109_johansen_decision.html

An EFF press release on the appeals court ruling is posted at
http://www.eff.org/IP/Video/DeCSS_prosecutions/Johansen_DeCSS_case/20031
222_eff_pr.php

To read an EFF media advisory about the DVD CCA dismissal request, click
http://www.eff.org/IP/Video/DVDCCA_case/20040122_eff_pr.php

See "DVD Encryption Lawsuit Dropped," Associated Press, 25 January 2004
at
http://wired.com/news/print/0,1294,62040,00.html

Read John Borland, "Hollywood group drops DVD-copying case," CNET News,
22 January 2004 at
http://news.com.com/2102-1025_3-5145809.html

See "No more sequels in DVD hacking case," Reuters, 5 January 2004 at
http://news.com.com/2102-1025_3-5134835.html

Read "Film firms lose DVD piracy battle," BBC News Online, 6 January
2004 at
http://news.bbc.co.uk/2/hi/technology/3371975.stm

For coverage in German (Deutsch), read "DVD-Industrie macht Rueckzieher
im DeCSS-Rechtsstreit," Heise Online, 23 January 2004 at
http://www.heise.de/newsticker/data/wst-23.01.04-001/

=======================================================
[2] French plan may lead to more Net censorship
=======================================================
A number of groups have severely criticized a French proposal that they
say will erode civil liberties online.

The proposal comes in the form of a French digital economy bill. The
legislation includes language that would make Internet service providers
liable for content on websites that they host. More specifically, they
would have to "act promptly" to take down material "after becoming aware
of their unlawful nature" or face legal retribution-a process that
currently requires judicial approval. The bill also essentially
eliminates the doctrine that email should be treated as "private
correspondence," creating the possibility that such messages can be more
easily intercepted by third parties. A version of the bill has been
adopted by the French National Assembly and will now go to the Senate
for possible further action.

These and other features of the plan have drawn fire from several
quarters. Robert Menard, the secretary-general of Reporters Sans
Frontieres (RSF-a GILC member) warned: "The digital economy bill is an
incoherent hodgepodge which even Internet professionals are hard put to
understand. The jumble of articles approved by the national assembly
representatives include measures that are very worrying for online free
expression." Similar concerns have been expressed by Imaginons un Reseau
Internet Solidaire (IRIS-a GILC member).

To read RSF's comments on the plan, click
http://www.rsf.fr/article.php3?id_article=9014

An IRIS press release on the proposal is posted at
http://www.iris.sgdg.org/info-debat/comm-len-an0104.html

Read Estelle Dumout, "French green-light radical overhaul of internet
and telecoms," Silicon.com, 13 January 2004 at
http://www.silicon.com/networks/broadband/0,39024661,39117748,00.htm

==================================================
[3] Police in India push cybercafe restrictions
==================================================
Various observers have savaged a new plan that may significantly
restrict the activities of cybercafe users in India.

The proposal is currently being considered by authorities in the western
state of Maharashtra, which includes the city of Mumbai (Bombay). Under
the plan, cybercafes would have to install software to block various
websites that are supposedly inappropriate for minors. Customers must
also show photo identification and give their postal addresses, which
will be retained by cafi owners for up to a year and would be released
to police on request. Moreover, Internet cafes will have to get approval
from 5 different government agencies and pay licensing fees.

Many experts fear that the measure could have a deleterious effect on
cyberliberties. Marc Rotenberg from the Electronic Privacy Information
Center (EPIC-a GILC member) warned: "Governments can use the records of
what people say in the e-mail messages that they send as a basis for
prosecuting journalists, dissidents and political opponents." There are
also concerns that government agents could abuse the licensing fee
scheme to extort money from cybercafe owners.

Read "Mumbai Police to monitor cybercafes," Associated Press, 20 January
2004 at
http://www.hindustantimes.com/news/181_540043,00030010.htm

==========================================================
[4] US plan to restrict flow of mere facts moves forward
==========================================================
Lawmakers in the United States are considering a proposal that could
extend copyright-style restrictions to mere facts.

The "Database and Collections of Information Misappropriation Act" would
essentially bar people from knowingly making available "a quantitatively
substantial part of the information in a database" created or maintained
by another person without that other person's permission. The proposal
is broadly worded and would apply databases stored in digital form,
including such information as Internet search engine results. Violators
could be sued in civil court. A committee of the U.S. House of
Representatives has now approved the legislation; a vote by the full
House may come within the next several months.

The proposal has generated serious anxiety among free speech and fair
use advocates, who believe it will deter information transfers,
including discussions online, for fear of legal liability. Public
Knowledge has issued a statement saying it was still "convinced the
central concept of broadening database protection is a bad one. We
believe a central democratic interest principle is at stake. Our leaders
and policymakers should strive to make it easier and less costly-not
more difficult and more costly-for citizens to have access to public
information. This should be the goal even when that information has been
assembled or reassembled by a small number of commercial enterprises." A
number of prominent corporations and industry groups are also arguing
against passage of the bill, including the U.S. Chamber of Commerce,
Amazon, AT&T, Comcast, Google and Yahoo.

To read the text of the bill, click
http://thomas.loc.gov/cgi-bin/query/z?c108:h.r.3261:

The Public Knowledge statement is posted under
http://www.publicknowledge.org/content/legislation/legislation-hr3261

Read Declan McCullagh, "Tech firms fail to squelch database bill," CNET
News, 21 January 2004 at
http://news.com.com/2100-1028-5145040.html

For background information and analysis on database protection proposals
in general, click
http://www.praxagora.com/andyo/professional/collection_law.html

For coverage in German (Deutsch), see "US-Justizausschuss stimmt Gesetz
zum Datenbankschutz zu," Heise Online, 22 January 2004 at
http://www.heise.de/newsticker/data/anw-22.01.04-004/

================================================
[5] Syrian Net critic remains in prison
================================================
Public concern is growing over the plight of a Syrian dissident who was
jailed for his online activities.

Syrian government agents arrested Abdel Rahman Shagouri nearly a year
ago. Shagouri allegedly had sent an online newsletter by
www.ThisIsSyria.Net, a political website that is banned in the Middle
Eastern nation. He is currently in solitary confinement at a prison near
the capital, Damascus, and has yet to appear in court, much less undergo
a full trial. Reports indicate he has been tortured during his prison
stay (resulting in a serious injury to his head), and the Syrian secret
police have seized a number of items from his home, including his
computer.

Free speech groups have expressed outrage over the case, which is
reputedly the first time a cyber-dissident has been jailed in Syria. The
secretary-general of Reporters Sans Frontieres (RSF), Robert Menard,
urged Syrian President Bashar al-Assad "to immediately release Shagouri.
The Syrian head of state is an enthusiast of new technologies. Moreover,
he was previously head of the Syrian Computer Association. We therefore
wish to remind President Assad that there cannot be any sustainable
development of the Internet without respect for freedom of expression."

For further information, visit the RSF website at
http://www.rsf.fr/article.php3?id_article=8941

=======================================================
[6] Cuba implements further Net access restrictions
=======================================================
It may soon get harder for people in Cuba to reach the Information
Superhighway.

The Cuban government had already imposed numerous restrictions on
Internet activity. Besides censoring Internet content (including email
messages), Cuban authorities had also barred most citizens from going
online, allowing only a handful of doctors and government officials to
access to the Internet. Now, under a new decree, the few Cubans who can
venture onto the Information Superhighway will no longer be able to use
the country's phone system, which can be paid for in Cuban pesos, albeit
at a relatively high price. Instead, they will have to use an even more
expensive phone system for which only United States dollars will be
accepted for payment. Moreover, the law requires the state-run phone
company to use technical means to "detect and impede access to Internet
navigation service."

Free speech advocates have deplored this decision. Robert Menard, the
secretary-general of Reporters Sans Frontieres (RSF-a GILC member), said
that his group was "extremely worried by this new decree which is aimed
at tracking down 'informaticos', Cubans who managed to get Internet
access despite an official ban. The Internet is one of the few means of
getting around the ever present censorship of news and information in
this country. Since they are unable to monitor the Internet as easily as
the newspapers, the government has simply chosen to ban access to the
Internet for almost the entire population. Very few countries go as far
as this to control the Net."

An RSF press release on this subject is posted under
http://rsf.fr/article.php3?id_article=9039

See Stephen Gibbs, "Cuba law tightens internet access," 24 January 2004
at
http://news.bbc.co.uk/1/hi/world/americas/3425425.stm

Read "Cuba Cracks Down On Web Access," Associated Press, 9 January 2004
at
http://www.cbsnews.com/stories/2004/01/09/tech/main592416.shtml

============================================================
[7] Hollywood sues still more Net filesharers
============================================================
Hollywood has launched a fourth wave of lawsuits against people over
their online file-sharing activities.

This time, the Recording Industry Association of America (RIAA) sued 532
Internet users who supposedly have engaged in copyright infringement by
sharing music files online. All told, the RIAA has filed lawsuits
against nearly a thousand alleged file-sharers over the 12 months,
although it is unclear whether all of these people have actually broken
any laws. In this latest wave, the RIAA did not mention its targets by
their real names, but by their supposed Internet Protocol addresses.
This tactic is largely due to a December 2003 United States appeals
court ruling against the RIAA in its efforts to collect personal
information about various customers of the Internet service provider
Verizon.

The Association's continued legal attacks on Internet users have met
with resistance from many quarters, including consumers,
cyberlibertarians and industry leaders. Cindy Cohn, the legal director
of the Electronic Frontier Foundation (EFF-a GILC member) said that the
RIAA was "still heading in the wrong direction. The recording industry
should be giving America's millions of filesharers the same deal that
radio stations have had for decades: pay a fair fee, play whatever you
want on whatever software works best for you."

Nevertheless, there are growing signs that these copyright battles will
spread to other nations. For example, the British Phonographic Industry
(BPI) has issued warnings that it may soon file similar lawsuits against
Internet users in the United Kingdom. A BPI spokesman explained: "The
music industry will defend its rights under the law whether it is
against traders selling illegally copied CDs on market stalls, or people
uploading illegally over the internet. The BPI has made no final
decision on taking legal action, but nobody should be in any doubt that
such uses of filesharing networks are illegal and are harming the health
of British music. We will take legal action if we are forced to."
Broadly similar threats are being made by the German recording industry.

An EFF press release on the latest wave of RIAA lawsuits is posted at
http://www.eff.org/IP/P2P/20040121_eff_pr.php

See Carrie Kirby, "RIAA goes after 532 unnamed file sharers," San
Francisco Chronicle, 22 January 2004 at
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/01/22/BUGJD4EP2O1.DTL

Read John Borland, "RIAA embarks on new round of piracy suits," CNET
News, 21 January 2004 at
http://news.com.com/2102-1027_3-5144558.html

See also Katie Dean, "RIAA Strikes Again at Traders," Wired News, 21
January 2004 at
http://wired.com/news/print/0,1294,61989,00.html

For coverage in Spanish (Espanol), read "La Asociacion de Industrias
Grabadores de EE.UU. demanda a 532 personas por distribucion de
canciones en la Red," DelitosInformaticos.com, 22 January 2004 at
http://www.delitosinformaticos.com/noticias/107476692493689.shtml

See "UK song-swappers 'could be sued,'" BBC News Online, 15 January 2004
at
http://news.bbc.co.uk/1/hi/entertainment/music/3395161.stm

See also "U.K. music industry eyes song swappers," Reuters, 14 January
2004 at
http://news.com.com/2102-1027_3-5140769.html

For more about legal threats from the German music industry, see
"Deutsche Musikindustrie warnt Tauschboersen-Nutzer," Heise Online, 22
January 2004 at
http://www.heise.de/newsticker/data/anw-22.01.04-002/

====================================================
[8] New UK emergency powers laws provoke criticism
====================================================
The British government is considering an emergency powers proposal that
some experts believe will undermine human rights online.

The British civil contingencies bill would expand the powers of the
armed forces, the police and various other government agencies in the
event of an "emergency." The list of new powers would apparently include
denying public access to various locations (including places online) and
seizing private property without compensation. After a strong backlash
from civil liberties groups, the government modified the proposal, such
as altering the definition of what constitutes an "emergency" to exclude
activities that merely threaten the nation's "political, administrative
or economic stability." However, the revised definition includes more
than just terrorist acts, and encompasses natural disasters such as
"floods" and "catastrophic storms" as well as "oil spills."

The changes have failed to assuage a number of observers, who remain
fearful that the proposal will have a number of negative consequences,
including a chilling effect on Internet free speech. Tony Bunyan of
Statewatch (a GILC member) warned: "The limited concessions made by the
government in no way change the fundamental objections to this bill. The
powers available to the government and state agencies would be truly
draconian." He further noted that under the bill's sweeping powers,
"Cities could be sealed off, travel bans introduced, all phones cut off,
and websites shut down. Demonstrations could be banned and the news
media be made subject to censorship. New offences against the state
could be 'created' by government decree."

The text of the bill is available (in PDF format) under
http://image.guardian.co.uk/sys-files/Politics/documents/2004/01/07/civi
lcontingenciesbill.pdf

To read a Statewatch analysis of the bill, click
http://www.statewatch.org/news/2004/jan/12uk-civil-contingencies-bill-re
vised.htm

Read "Government backs down on terror bill," Guardian Unlimited UK, 7
January 2004 at
http://politics.guardian.co.uk/attacks/story/0,1320,1117712,00.html

================================================
[9] Chinese cyberdissident still in legal limbo
================================================
The fate of a Chinese online critic who was arrested over a year ago
remains in doubt.

Ouyang Yi is a member of the banned Chinese Democratic Party and
allegedly wrote online about the 1989 Tiananmen protests, disparaged
Beijing's economic strategies and advocated structural reforms. In
December 2002, Chinese government agents arrested the former
schoolteacher in connection with one of those essays. He was tried on
subversion charges last October, but remains in detention while the
court has failed to either reach a verdict or pass sentence. Instead, an
Intermediate court has sent the case back to prosecutors requesting more
evidence.

Meanwhile, there is increasing concern over the plight of two other
online dissidents. Kong Youping, who had posted various political
materials on an overseas website, was arrested last month for his
Internet activities. In addition, a court in Beijing rejected He Depu's
last appeal; he had been sentenced to eight years in jail for allegedly
working with the banned Chinese Democratic party and posting online
messages that supposedly incited subversion. Robert Menard, the
secretary-general of Reporters Sans Frontieres (RSF-a GILC member),
complained: "Kong Youping and He Depu have done nothing more than
express their opinions through the medium of the Internet. We are once
again confronted by completely arbitrary decisions, which deprive
cyber-dissidents of their right to justice."

For more on the Ouyang Yi case, read "Chinese cyber-dissident case faces
further delays," South China Morning Post, 7 January 2004 at
http://www.asiamedia.ucla.edu/article.asp?parentid=6097

For information in Spanish (Espanol), read "La falta de pruebas puede
dejar en libertad a un disidente chino que vertia sus opiniones a traves
de la Red," DelitosInformaticos.com, 12 January 2004 at
http://www.delitosinformaticos.com/noticias/107390611854358.shtml

For background information on the Kong Youping and He Depu cases, visit
the RSF website under
http://www.rsf.fr/article.php3?id_article=8851

============================================================
[10] Vietnamese Net critic receives multi-year jail sentence
============================================================
A Vietnamese court has sentenced a dissident to several years in jail
for speaking out online.

Nguyen Vu Binh, a journalist and advocate of political reforms, had
criticized the Vietnamese government in several articles that were
posted on the Information Superhighway, including an essay regarding a
controversial China-Vietnam border treaty. In September 2002, he was
arrested and has been in detention ever since, accused of having
"written and exchanged, with various opportunist elements in the
country, information and materials that distorted the party and state
policies," as well as communicating with overseas "reactionary"
organizations. In a closed trial that lasted half a day, a tribunal in
Hanoi has now convicted Binh of these charges and sentenced him to seven
years in prison, plus three years of house arrest.

The government's treatment of Binh has angered many human rights
activists. In an open letter to Vietnamese President Tran Duc Luong, Ann
Cooper, the executive director of the Committee to Protect Journalists
(CPJ-a GILC member), condemned Vietnam's "prosecution of journalists who
have done nothing more than peacefully express their views on political
issues." CPJ also expressed concern over the government's "blatant
disregard for due process in the prosecution of journalists. Binh was
detained for 15 months before being tried. During this time, Binh's
family was not allowed to visit him and authorities did not offer any
explanation for his arrest." In the end, CPJ called for "the immediate
and unconditional release of Nguyen Vu Binh" and several other
imprisoned Vietnamese journalists.

The CPJ letter is posted at
http://www.cpj.org/protests/04ltrs/Vietnam05jan04pl.html

For more information, visit the Human Rights Watch (HRW-a GILC member)
website under
http://www.hrw.org/english/docs/2003/12/29/vietna6886.htm

Read "Vietnam jails online journalist," BBC News Online, 31 December
2003 at
http://news.bbc.co.uk/1/hi/world/asia-pacific/3358533.stm

==============================================================
[11] Adobe, HP products contain hidden anti-copying features
==============================================================
Controversy has erupted after various popular computer-related products
were found to contain hidden anti-copying functions that were apparently
included at the behest of United States and European government agents.

Adobe Systems recently admitted that its Photoshop program has
technology that is designed to prevent users from making copies of U.S.
or European banknotes. Among other things, the program (which was
actually created by another company, Digimarc) gives a warning message
to those users and will slow down when performing such functions, but
further details have been very hard to come by; an Adobe spokesperson
said his organization "sort of knew this would come out eventually. We
can't really talk about the technology itself." The U.S. Federal
Reserve, which reportedly pressured Adobe to include the feature,
refused to say how it works or whether the agency had forced other
companies to build-in such programs. However, it is known that broadly
similar technology has been incorporated into a rival software package
as well as various computer printers manufactured by Hewlett-Packard
(HP). Research by noted technologist Richard M. Smith revealed "that HP
has ... been shipping currency anti-copying software in their printer
drivers since at least the summer of 2002.

These revelations have caused consternation among many consumers.
Stephen M. Burns, the president of a Photoshop users' group in San
Diego, California, said he explained: "Artists don't like to be limited
in what they can do with their tools. Let the U.S. government or whoever
is involved deal with this, but don't take the powers of the government
and place them into a commercial software package." Nevertheless, the
European Central Bank is calling for "the Commission of the European
Communities to initiate legislation making it mandatory to incorporate
counterfeit deterrence technology" into "products capable of handling
digital images."

For more information concerning Richard M. Smith's research on this
topic, click
http://www.computerbytesman.com/privacy/anticopy.htm

Read Ted Bridis, "Adobe admits to currency blocker," Associated Press,
10 January 2004 at
http://www.sanmateocountytimes.com/Stories/0,1413,87~11271~1882929,00.ht
ml

For more about the European Central Bank proposal (in PDF format), click
http://www.ecb.int/pub/legal/c_25520031024en00080008.pdf

=======================================================
[12] Iranian court orders blocking of reformist website
=======================================================
A leading political website will soon be blocked at the behest of
Iranian authorities.

The Emrooz site was created by supporters of the Iran's President,
Mohammad Khatami. It includes news and analysis as well as criticism of
the Ayatollah Ali Khamenei, the country's spiritual leader, who controls
the army and the courts. Last week, an Iranian tribunal ordered access
to Emrooz be denied to Internet users throughout the country. The
decision is being seen as a political move in advance of national
elections, which are scheduled to take place this February. The website
is still available via an overseas host to users outside of Iran.

The order against Emrooz is just the latest in a series of moves by the
Iranian government to censor online content. For years, Iranian
authorities have blocked numerous websites, including webpages that
called for reforms or otherwise criticized the country's political
elite. More recently, the Iranian government reportedly extended this
ban to various segments of the Google Internet search engine site and
jailed Sina Motallebi, a journalist and online activist. These actions
led hundreds of Internet users to post complaints on a webpage that was
dedicated to covering the World Summit on the Information Society, the
first phase of which was held last month.

The overseas mirror of Emrooz is located at
http://www.iran-emrooz.de/

Read Clare Doyle, "Iran restricts reformist website," BBC News Online, 7
January 2004 at
http://news.bbc.co.uk/1/hi/world/middle_east/3376907.stm

For background information, see Aaron Scullion, "Iran's president
defends web control," BBC News Online, 12 December 2003 at
http://news.bbc.co.uk/1/hi/technology/3312841.stm

For more on the Motallebi case, visit the website of Reporters Sans
Frontieres (RSF-a GILC member) under
http://www.rsf.org/rubrique.php3?id_rubrique=20

=================================================
[13] Court battle over US state Net blocking law
=================================================
A legal battle has erupted in the United States over a local law that
critics say infringes on the right to free speech online.

The Pennsylvania statute allows that state's attorney general to request
a court order requiring Internet service providers (ISPs) to block sites
that are suspected of containing child pornography. Since the law took
effect in 2002, Pennsylvania state officials have sent hundreds of
letters to ISPs telling them to deny access to various websites that
allegedly violated the law. These have apparently led to censorship of
unrelated webpages. For example, America Online said it had blocked 400
000 innocent websites in response to one such order. Similarly, Verizon
Communications said it had censored 500 000 sites pursuant to another
Attorney General request.

The law has now been challenged by two GILC member organizations, the
Center for Democracy & Technology (CDT) and the American Civil Liberties
Union (ACLU). CDT Associate Director Ari Schwartz explained that the
statute could be the start of a trend: "The reason we're looking at this
law is that it was at one point seen as a model law by several different
states. We were concerned that this would spread and become a model for
blocking content." CDT attorney John Morris added: "We believe the
attorney general could contact the Web host directly and get the content
taken down from the entire Internet as opposed to one ISP's customers.
We believe there's a proven successful method that is far more effective
without risking any innocent, blocked sites."

See Michelle Delio, "Child Porn Law Debated in Court," Wired News, 8
January 2004 at
http://www.wired.com/news/politics/0,1283,61840,00.html

Read Declan McCullagh, "Court ponders Web site-blocking law," CNET News,
6 January 2004 at
http://news.com.com/2102-1028_3-5135850.html

===============================================
[14] European group sues over crippled CDs
===============================================
A consumer watchdog group has launched a legal campaign against several
music conglomerates over the introduction of copy-protected compact
discs.

Test-Achats (also known as Test Aankoop) has sued EMI, Universal Music,
BMG and Sony Music over the crippled CDs, saying it has received over
200 complaints from aggrieved consumers. The technology, which can be
found on albums from Shakira and Radiohead among others, bars users from
making backup copies or playing the discs on various devices. Before
filing the lawsuit, the Belgium-based organization had conveyed its
concerns to the International Federation of the Phonographic Industry
(IFPI), but those concerns apparently were not addressed satisfactorily.

The organization is hoping that record companies will stop using such
copy-protection technologies, which many experts believe is having a
detrimental impact on digital free speech and fair use. Test-Achats
spokesman Mechels Ivo said his group was "trying to establish legal
precedent in this matter. Then, we expect other consumer organizations
will follow."

Read "Consumers sue over anti-copy CDs," BBC News Online, 6 January 2004
at
http://news.bbc.co.uk/1/hi/entertainment/music/3372859.stm

See "Consumer group sues over copy-protected CDs," Reuters, 5 January
2004 at
http://news.com.com/2102-1027_3-5134830.html

See also Jay Lyman, "European Consumer Group Sues Over CD Copy
Protection," TechNewsWorld, 6 January 2004 at
http://www.technewsworld.com/perl/story/32535.html

==================================================
[15] US president: renew expanded spy powers
==================================================
United States President George W. Bush has called on Congress to renew
laws that, among other things, greatly expanded government surveillance
powers.

Known as the USA PATRIOT Act, the 2001 legislation enhanced the ability
of law enforcement officials to collect personal information, including
through the Internet. Among other things, the Act allowed the U.S.
government to make greater use of controversial spy tools such as
Carnivore by applying loose pen register privacy standards (previously
used for collecting such data as phone numbers) to the Information
Superhighway, rather than requiring law enforcement agents to show
probable cause that a crime is being committed and get a court order. It
also expanded the powers of a secret United States court, created under
the Foreign Intelligence Surveillance Act (FISA), whose procedural
protections are not as strong as those of other tribunals. In addition,
the law provided the government with the ability to conduct "sneak and
peek" secret searches.

A number of key Patriot Act provisions are set to expire or "sunset" in
2005. However, in his annual State of the Union address, Bush called on
Federal lawmakers to renew those sections, calling the legislation
"vital" for protecting U.S. citizens. The President's words drew a swift
negative response from a number of groups. Anthony Romero, the executive
director of the American Civil Liberties Union (ACLU-a GILC member),
charged: "In his State of the Union address, President Bush once again
preyed on Americans' fears and insecurities to justify extending the
controversial USA Patriot Act. ... [M]illions of Americans are demanding
that freedom be restored to keep America both safe and free."
Ironically, many members of the audience had applauded when Bush
mentioned the scheduled lapse of the provisions in question during his
speech.

For more of Romero's remarks, click
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=14750&c=206

A transcript of President Bush's speech is posted at
http://www.whitehouse.gov/news/releases/2004/01/20040120-7.html

See "Bush Aims to Expand Patriot Act," Associated Press, 22 January 2004
at
http://www.guardian.co.uk/uslatest/story/0,1282,-3656676,00.html

==================================================
[16] Italian data retention plan draws fire
==================================================
A new Italian government decree concerning the retention of
communications data has led to protests from privacy advocates.

Under the plan, telecommunications companies in Italy would have to keep
customer traffic data (which ostensibly could include information such
as addresses of email message recipients/senders and dialed phone
numbers) would be kept for at least 30 months "for the verification and
repression of criminal offenses". Such data could be held for another 30
months, albeit with slightly stronger access requirements, for serious
crimes such as kidnapping, organized crime, terrorism and information
technology offenses. The list of potential recipients of this data
includes prosecutors and defense attorneys.

Not surprisingly, privacy experts have given the proposal a hostile
reception. Associazione per la liberta nella communicazione elettronica
interattiva (ALCEI-a GILC member) strongly criticized the proposal on
several grounds, noting that, among other things, the plan "vaguely
mentions the need to have 'fair' procedures in data retention, but ...
gives no indication of how such guarantees should be put in place." The
Italy's Data Protection Ombudsman also has warned that the plans may
"contravene constitutional norms on the freedom and secrecy of
communications, and on the freedom of expression of one's thoughts." At
a minimum, the Ombudsman called on the Italian Parliament to conduct a
careful examination of the entire proposal.

An ALCEI critique of the decree is posted at
http://www.alcei.it/english/actions/crimprev.htm

Further background information is available from Statewatch (a GILC
member) under
http://www.statewatch.org/news/2004/jan/03italy-dataretention.htm

==================================================
[17] US gov't again pushes Net phone tapping rules
==================================================
The United States government is renewing its push for new standards that
would make it easier to spy on phone calls made over the Internet.

For some time now, the U.S. law enforcement officials have wanted the
Federal Communications Commission to rule that the Communications
Assistance for Law Enforcement Act (CALEA) applies to phone calls made
over the Internet, including transmissions using the Voice over Internet
Protocol (VoIP). CALEA, which was passed in 1994, generally requires
telecom firms to build surveillance capabilities into their networks,
but exempts information services, most notably the Internet. If the FCC
were to issue such a ruling, Internet service providers, including
providers of high-speed broadband connections, would be forced to
install spyware in their systems. Last month, the U.S. Federal Bureau of
Investigations and the U.S. Department of Justice issued a letter
reiterating this stance and calling on the FCC to adopt mandatory rules
to force telecommunications companies to install Internet telephony
surveillance routines.

Privacy advocates and industry leaders are worried about the FBI's
efforts, and questions remain as to whether such mandatory rules would
actually be effective in capturing criminal conversations. Jim Harper of
Privacilla.org called on the FCC to "ignore pleas about national
security and sophisticated criminals because sophisticated parties will
use noncompliant VoIP, available open source and offshore. CALEA for
VoIP will only be good for busting small-time bookies, small-time
potheads and other nincompoops." Critics have also suggested that CALEA
specifically excludes the Internet from its coverage and that
surveillance tools to spy on Internet phone calls could be used for
unnecessary government spying on other types of Internet transmissions,
such as surfed webpages and private email messages.

See Declan McCullagh, "Feds seek wiretap access via VoIP," CNET News, 8
January 2004 at
http://news.com.com/2102-7352_3-5137344.html

==============================================================
[18] Verisign to help create Net-based RFID tracking system
==============================================================
A new deal between a domain name giant and product code consortium may
lead to the creation of a global Internet-based surveillance system.

Verisign, which operates the .com and .net Internet top-level domains,
has now been chosen by EPCglobal to operate an Object Naming Service
(ONS) as the root directory for a new global tracking network. EPCglobal
is a joint venture between companies that is pushing for the widespread
adoption of Radio Frequency Identification (RFID) tags. While many
details regarding ONS have yet to be worked out, under this system,
whenever an RFID-tagged item is scanned, the network would send a query
via the Internet to a Verisign directory, to be forwarded along to the
manufacturer's computers.

The possible widescale introduction of RFID technology has drawn public
concern over its potential privacy implications. Some experts fear that
this linking of RFID tags to the Internet will worsen these problems and
create a situation where consumers' preferences and geographic location
could be tracked with ease via the Information Superhighway. Moreover,
the announcement of the Verisign-EPCglobal deal provided no indication
as to what measures will be taken to prevent the abuse of personal data
collected through the new system.

For further information, click
http://www.unwatched.org/article34.html

Read Jack Schofield, "Tagging goes global," The Guardian (UK), 22
January 2004 at
http://www.guardian.co.uk/online/story/0,3605,1127806,00.html

See also Alorie Gilbert, "Verisign chosen to run RFID network," CNET
News, 13 January 2004 at
http://news.com.com/2102-1011_3-5140552.html

For criticism of RFID tags in general, click
http://www.spychips.com/

============================================================
[19] Limited South Korean mobile phone privacy rules pushed
============================================================
The South Korean government is pushing new mobile phone privacy
standards that could stand some improvement.

The South Korean Ministry of Information and Communications (MIC) has
unveiled new guidelines on how mobile phone companies should handle
customer information. While details concerning this plan are still slow
to emerge, they apparently would require such companies to delete
personal information about subscribers when they switch carriers,
including bank account data, email addresses, landline phone numbers,
job information and birthdays. However, the rules are limited and would
still allow mobile phone service providers to keep some sensitive data
such as resident registration numbers and calling details.

The retention of personal information concerning mobile phone users has
been an issue for sometime now in the East Asian nation. Pressure from
various groups, notably the People's Solidarity for Participatory
Democracy (PSPD), had previously led at least one major cellular phone
provider, KTF, to delete files that contained personal details about
1644 former customers. PSPD spokesperson Han Jae-Jak commented that the
MIC plan is a promising development but still contains a number of
troubling loopholes, especially for subdivisions and affiliates of
mobile phone conglomerates: "I am unsure of how and whether sister
companies of the mobile companies will abuse the information they have
obtained."

Read Kim Tae-gyu, "Mobile Operators Warned Against Abusing Info," Korea
Times, 6 January 2004 at
http://times.hankooki.com/lpage/biz/200401/kt2004010619361011860.htm

============================================================
[20] Disney policy change may weaken Net users' privacy
============================================================
A major entertainment conglomerate has altered its personal information
handling procedures in a way that may have a serious negative impact on
the privacy of its Internet customers.

The Walt Disney Group has revised its online privacy policy, making it
easier for the firm to give out customer data. Under these changes,
among other things, Disney can readily share such data between the
company's many affiliates, including ESPN, Movies.com and non-Internet
subdivisions (such as its amusement parks). In addition, Disney now
automatically assumes that new users want all marketing options turned
on; customers who disagree must make the affirmative effort to turn
those options off. The corporation will also allow third-parties
(including non-affiliated companies) to send promotions to Disney users
via postal mail. Disney has also signaled through its modified policy
that it will collect data about its online customers via outside firms.
Although the revised rules took effect last November, many Disney online
users had yet to receive notice of the changes nearly two months
afterwards.

These moves came not long after Yahoo made a number of broadly similar
changes to its privacy policy. Yahoo's decision led to an investigation
and eventual settlement with the New York State Attorney General, under
which the Internet portal giant paid a fine and agreed to give customers
30 days notice before making any further alterations to its privacy
rules.

See Jim Hu, "Disney shares customer Web data," CNET News, 24 December
2003 at
http://news.zdnet.co.uk/internet/ecommerce/0,39020372,39118780,00.htm

====================================================
[21] PCP system may enhance mobile computing privacy
====================================================
Researchers have developed new software that might enhance the privacy
of people who use mobile phones and computing devices.

The Privacy-Conscious Personalization (PCP) system is designed to give
such individuals greater ability to tailor how their personal data is
disseminated. One of the chief concerns regarding mobile devices is that
they allow users to be tracked geographically, such as by triangulating
their signals. Under the PCP system, when someone requests a given
user's geographic location, the request is put through a special
subroutine that checks within several milliseconds the user's privacy
settings and determines automatically whether the requested information
will indeed be disclosed and to what extent. According to Bell Labs,
which developed the system, PCP would allow field salespeople during
working hours to "to have their presence visible to their boss, no
matter where they are, but come 5:30 p.m., location sharing with their
boss can be disabled. However, a salesperson may enable important
customers to see his or her presence at anytime, but only with an
accuracy of up to ten miles." Moreover, "this technology enables users
to specify which kinds of businesses are allowed to see their location
in a particular context."

PCP has gained support of a few privacy advocates. Jason Catlett of
Junkbusters expressed hopes that the system would "give mobile users the
benefits they want from sharing location information without having to
buy into a wholesale surveillance mechanism. The fine-grained options,
allowing the user to consent to disclosure of location according to
place, time and person are important to avoid being monitored 24/7."
However, question marks remain as to a number of issues, including
whether the technology will provide sufficient privacy protection for
mobile phone users without new laws to back it up.

To read a Lucent press release on this topic, click
http://www.lucent.com/press/0104/040119.nsa.html

See "Cell-Phone Tech Maintains Privacy," Associated Press, 19 January
2004 at
http://wired.com/news/print/0,1294,61965,00.html

==============================================================
[22] British spy laws spur surveillance industry
==============================================================
Recent legislation in the United Kingdom that have expanded government
surveillance powers may spawn a whole cottage industry of spy-friendly
services-a move with murky implications for online privacy.

Recently, the British Parliament approved a plan that, among other
things, significantly increased the number of organizations that could
conduct surveillance under the much-maligned Regulation of Investigatory
Powers act (RIP), which mandated telecommunications providers to
facilitate police spying. The list of such organizations is not limited
to traditional law enforcement agencies, and includes the Charity
Commission as well as the Centre for Environment, Fisheries and
Aquaculture Science. Since then, a number of companies have sprung up
ostensibly to help firms comply with the new legal standards. For
example, Singlepoint was founded in the hopes of becoming a
clearinghouse for government telecommunications data requests. A
spokesperson for the firm admitted: "We saw an opportunity for a
business or a facility that could provide secure processing for the data
requests that will come out of this legislation."

Several groups have expressed concern over these apparent attempts to
cash-in on an erosion of personal privacy rights. For one thing, it is
still not clear what role companies like Singlepoint will play in
attesting to agencies' authorizations for data requests; nor is it clear
as to how they would be penalized if they make mistakes. Some of these
points are to be clarified (at least in part) via contracts between
Singlepoint-type firms, public authorities and communications service
providers.

For further analysis of this topic, see
http://www.chiark.greenend.org.uk/pipermail/ukcrypto/2004-January/030844
.html

Read Mark Ward, "Snooping industry set to grow," BBC News Online, 21
January 2004 at
http://news.bbc.co.uk/1/hi/technology/3414531.stm

=========================================================
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=========================================================
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