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I Don't Believe in Imaginary Property writes
"President Bush has signed the EIPRA (AKA the PRO-IP Act) and created a cabinet-level post of 'Copyright Czar,' on par with the current 'Drug Czar,' in spite of prior misgivings about the bill. They did at least get rid of provisions that would have had the DOJ take over the RIAA's unpopular litigation campaign. Still, the final legislation (PDF) creates new classes of felony criminal copyright infringement, adds civil forfeiture provisions that incorporate by reference parts of the Comprehensive Drug Abuse Prevention and Control Act of 1970, and directs the Copyright Czar to lobby foreign governments to adopt stronger IP laws. At this point, our best hope would appear to be to hope that someone sensible like Laurence Lessig or William Patry gets appointed."
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kahunak writes to alert us that GIMPS has announced that the
45th and 46th Mersenne primes have been confirmed. The
EFF's $100,000 award, for the first prime over 10 million digits in length, will probably be claimed. (We discussed
no. 45 when it was announced.)
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I Don't Believe in Imaginary Property writes
"US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."
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I Don't Believe in Imaginary Property writes
"It probably won't surprise you, but in 2005, the FBI manufactured evidence to get the power to issue National Security Letters under the PATRIOT Act. Unlike normal subpoenas, NSLs do not require probable cause and you're never allowed to talk about having received one, leading to a lack of accountability that caused them to be widely abused. The EFF has discovered via FOIA requests that an FBI field agent was forced by superiors to return papers he got via a lawful subpoena, then demand them again via an NSL (which was rejected for being unlawful at the time), and re-file the original subpoena to get them back. This delay in a supposedly critical anti-terror investigation then became a talking point used by FBI Director Robert Mueller when the FBI wanted to justify their need for the power to issue National Security Letters."
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I Don't Believe in Imaginary Property writes
"In Universal Music Group v. Augusto, UMG is attacking the first sale doctrine. The issue concerns some promotional CDs that were mailed out, and later found their way to eBay. According to UMG, the stickers on the discs claiming that they still own the CD give them a legal right to control what the recipients do with them, and thus, UMG should be able to dictate terms. The EFF has filed an amicus brief countering that claim, saying that because they were sent by US mail, unrequested by the recipient, they are in fact gifts, no matter what the sticker claims. If UMG somehow wins this, I plan to send them CD of copyrighted expletives with a sticker informing them of the contractually required storage location. We discussed a similar issue with e-books a couple weeks ago."
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I Don't Believe in Imaginary Property writes
"The judge in the Wikileaks case has dissolved the injunction against Wikileaks, which means that it can get its .org domain back. He defended his prior ruling because it was based on the pittance of information the bank and registrar had provided him, saying 'This is a case in which we had a (dispute) with named parties, and the parties were duly served. One of which properly responded and came to this court with a proposed settlement in this lawsuit... Nobody filed any timely responses to the court's order.'"
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bowser100 writes
"The EFF has named their 2008 Pioneer Award winners, picking three people very familiar to this community — Mitchell Baker and the Mozilla Foundation, Canadian law professor Michael Geist, and AT&T whistleblower Mark Klein."
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jcrouthamel writes
"Contrary to popular assumption, DRAMs used in most modern computers retain their contents for seconds to minutes after power is lost, even at operating temperatures and even if removed from a motherboard. Although DRAMs become less reliable when they are not refreshed, they are not immediately erased, and their contents persist sufficiently for malicious (or forensic) acquisition of usable full-system memory images. We show that this phenomenon limits the ability of an operating system to protect cryptographic key material from an attacker with physical access. We use cold reboots to mount attacks on popular disk encryption systems — BitLocker, FileVault, dm-crypt, and TrueCrypt — using no special devices or materials. We experimentally characterize the extent and predictability of memory remanence and report that remanence times can be increased dramatically with simple techniques. We offer new algorithms for finding cryptographic keys in memory images and for correcting errors caused by bit decay. Though we discuss several strategies for partially mitigating these risks, we know of no simple remedy that would eliminate them."
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AmishElvis writes
"The New York Times reports that 'glitch' gave the F.B.I. access to the e-mail messages from an entire computer network. A hundred or more accounts may have been accessed, rather than 'the lone e-mail address' that was approved by a secret intelligence court as part of a national security investigation. The episode was disclosed as part of a new batch of internal documents that the F.B.I. turned over to the Electronic Frontier Foundation, as part of a Freedom of Information Act lawsuit the group has brought."
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JonRob writes
"The Open Rights Group has released a report on challenges faced by voting technology. Using the May 2007 Scottish/English elections as a testbed, researchers have collated hundreds of observations into a verdict on voting in the digital age. 'The report provides a comprehensive look at elections that used e-counting or e-voting technologies. As a result of the report's findings ORG cannot express confidence in the results for the areas we observed. This is not a declaration we take lightly but, despite having had accredited observers on location, having interviewed local authorities and having filed Freedom of Information requests, ORG is still not able to verify if votes were counted accurately and as voters intended.' The report is available online in pdf format for download."