Intellectual Property and the Internet/Electronic Frontier Foundation

The Electronic Frontier Foundation (EFF) is an international non-profit digital rights advocacy and legal organization based in the United States. Its stated mission is to:https://w2.eff.org/legal/cases/SJG/?f=eff_creation.html Electronic Frontier Foundation Mission Statement December 24, 2009 Engage in and support educational activities which increase popular understanding of the opportunities and challenges posed by developments in computing and telecommunications. Develop among policy-makers a better understanding of the issues underlying free and open telecommunications, and support the creation of legal and structural approaches which will ease the assimilation of these new technologies by society. Raise public awareness about civil liberties issues arising from the rapid advancement in the area of new computer-based communications media. Support litigation in the public interest to preserve, protect, and extend First Amendment rights within the realm of computing and telecommunications technology. Encourage and support the development of new tools which will endow non-technical users with full and easy access to computer-based telecommunications. The EFF is supported by donations and is based in San Francisco, California, with staff members in Washington, D.C. They are accredited observers at the World Intellectual Property Organizationhttps://www.eff.org/IP/WIPO/ WIPO Electronic Frontier Foundation March 6, 2009 http://web.archive.org/20060603194053/https://www.eff.org/IP/WIPO/ June 3, 2006 and one of the participants of the Global Network Initiative.http://www.globalnetworkinitiative.org/participants/index.php Participants Global Network Initiative January 22, 2010 EFF has taken action in several ways. It provides funds for legal defense in court, presents amici curiae briefs, defends individuals and new technologies from what it considers baseless or misdirected legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use, and solicits a list of what it considers patent abuses with intentions to defeat those that it considers without merit. History right MitchKapor.jpg 100 John Gilmore.jpg 93 John Perry Barlow cropped.jpg 111 Electronic Frontier Foundation founders Kapor, Gilmore and Barlow Mitch Kapor John Gilmore John Perry Barlow Foundation The Electronic Frontier Foundation was formed in July 1990 by John Perry Barlow and Mitch Kapor in response to a series of actions by law enforcement agencies that led them to conclude that the authorities were gravely uninformed about emerging forms of online communication, and that there was a need for increased protection for Internet civil liberties. In April 1990, Barlow had been visited by a U.S. Federal Bureau of Investigation agent in relation to the theft and distribution of the source code for a series of Macintosh ROMs. Barlow described the visit as "complicated by [The Agent's] fairly complete unfamiliarity with computer technology. I realized right away that before I could demonstrate my innocence, I would first have to explain to him what guilt might be." Barlow felt that his experience was symptomatic of a “great paroxysm of governmental confusion during which everyone's liberties would become at risk”. Barlow posted an account of this experience to The WELL online community and was contacted by Mitch Kapor, who had had a similar experience. The pair agreed that there was a need to defend civil liberties on the internet. Kapor agreed to fund any legal fees associated with such a defense and the pair contacted New York lawyers Rabinowitz, Boudin, Standard, Krinsky and Lieberman about defending several computer hackers from a Harper's magazine forum on computers and freedom who had been the target of Secret Service raids.Jones 2003 172 This generated a large amount of publicity which led to offers of financial support from John Gilmore and Steve Wozniak. Barlow and Kapor continued to research conflicts between the government and technology and in June 1990 Barlow posted online the influential article entitled "Crime & Punishment" in which Barlow announced his and Kapor's plans to create an organization to "raise and disburse funds for education, lobbying, and litigation in the areas relating to digital speech and the extension of the Constitution into Cyberspace." January 2010 This generated further reaction and support for the ideas of Barlow and Kapor. In late June, Barlow held a series of dinners in San Francisco with major figures in the computer industry January 2010 to develop a coherent response to these perceived threats. Barlow considered that: "The actions of the FBI and Secret Service were symptoms of a growing social crisis: Future Shock. America was entering the Information Age with neither laws nor metaphors for the appropriate protection and conveyance of information itself." https://w2.eff.org/Misc/Publications/John_Perry_Barlow/HTML/not_too_brief_history.html A Not Terribly Brief History of the Electronic Frontier Foundation Jan 12, 2010 John Barlow Barlow felt that to confront this a formal organization would be needed and hired Cathy Cook as press coordinator and began to set up what would become the Electronic Frontier Foundation. The Electronic Frontier Foundation was formally founded on July 10, 1990, by Kapor, Gilmore and Barlow. Initial funding was provided by Kapor, Wozniak, and an anonymous benefactor.https://w2.eff.org/legal/cases/SJG/?f=eff_creation.html Formation documents and mission statement for the EFF Electronic Frontier Foundation eff.org March 6, 2009http://weblogsky.com/technopolitics.htm http://web.archive.org/web/20061110200326/http://www.weblogsky.com/technopolitics.htm TechnoPolitics November 10, 2006 March 6, 2009 Jon Lebkowsky Jon Lebkowsky 1/11/97 In 1990, Mike Godwin joined the organization as the first staff counsel. Then in 1991 Esther Dyson and Jerry Berman joined the EFF Board. By 1992 Cliff Figallo became the new director of EFF-Cambridge and in December 1992 Jerry Berman became Acting Executive Director. Early cases The creation of the organization was motivated by the massive search and seizure on Steve Jackson Games executed by the United States Secret Service early in 1990. Similar but officially unconnected law-enforcement raids were being conducted across the United States at about that time as part of a state-federal task force called Operation Sundevil. However, the Steve Jackson Games case, which became EFF's first high-profile case, was the major rallying point where EFF began promoting computer and Internet-related civil liberties. In 1993, their offices moved to 1001 G Street in Washington, D.C. That same year Big Dummy's guide to the Internet, an Electronic Frontier Foundation publication, was made available for free download. EFF's second big case was Bernstein v. United States led by Cindy Cohn, where programmer and professor Daniel J. Bernstein sued the government for permission to publish his encryption software, Snuffle, and a paper describing it. More recently the organization has been involved in defending Edward Felten, Jon Lech Johansen and Dmitry Sklyarov. Expansion and development thumb|In early 2010, EFF released this poster in celebration of its founding 20 years before. The organization was originally located at Mitch Kapor's Kapor Enterprises, Inc offices in Cambridge, Massachusetts. By the fall of 1993, the main EFF offices were housed in Washington, D.C., headed up by Jerry Berman. During this time, some of EFF's attention focused on the business of influencing national policy, a business that was not entirely palatable to parts of the organization. In 1994, Mr. Berman parted ways with EFF and formed the Center for Democracy and Technology. EFF moved offices across town, where Drew Taubman briefly took the reins as director. In 1995, under the auspices of director Lori Fena, after some downsizing and in an effort to regroup and refocus on their base support, the organization moved offices to San Francisco, California. There, it took up temporary residence at John Gilmore's Toad Hall, and soon afterward moved into the Hamm's building at 1550 Bryant St. After Fena moved onto the EFF board of directors for a while, the organization was led by Tara Lemmey. Just prior to the EFF's move into its new and present offices at 454 Shotwell St. in SF's Mission District, long-time EFF Legal Director Shari Steele became, and remains as of late 2010, the Executive Director. In the spring of 2006, EFF announced the opening of an office in Washington, D.C. with two new staff attorneys.Declan McCullagh EFF reaches out to D.C. with new office April 27, 2006 CNET News.com http://news.zdnet.com/2100-9595_22-6065860.html http://web.archive.org/web/20070226221245/http://news.zdnet.com/2100-9595_22-6065860.html February 26, 2007 March 6, 2009 DES Cracker EFF DES cracker By the mid-90s the EFF was becoming seriously concerned about the refusal of the US Government to license any secure encryption product for export unless it utilizes key recovery and claims that governments cannot decrypt information when protected by DES, continuing even after the public breaking of the code in the first of the DES Challenges. They coordinated and supported the construction of the EFF DES cracker, using special purpose hardware and software and costing only $210,000.https://w2.eff.org/Privacy/Crypto/Crypto_misc/DESCracker/HTML/19980716_eff_descracker_pressrel.html "EFF DES CRACKER" MACHINE BRINGS HONESTY TO CRYPTO DEBATE 2010-11-08 https://w2.eff.org/Privacy/Crypto/Crypto_misc/DESCracker/HTML/19980716_eff_des_faq.html#sources Frequently Asked Questions (FAQ) About the Electronic Frontier Foundation's "DES Cracker" Machine 2010-11-08 This brought the record for breaking a message down to 56 hours on 17 July 1998 and to under 24 hours on 19 Jan 1999 (in conjunction with distributed.net). The EFF published the plans and source code for the cracker.Cracking DES - Secrets of Encryption Research, Wiretap Politics & Chip Design Electronic Frontier Foundation 1-56592-520-3 Oreilly & Associates Inc 1998 http://cryptome.org/cracking-des/cracking-des.htm http://web.archive.org/web/20060924235753/http://cryptome.org/cracking-des/cracking-des.htm 2006-09-24 Within four years the Advanced Encryption Standard was standardized as a replacement for DES. Activities Litigation thumb|EFF booth at the 2010 RSA Conference The EFF regularly brings and defends lawsuits at all levels of the US legal system in pursuit of its goals and objectives. Many of the most significant technology law cases have involved the EFF, including MGM Studios, Inc. v. Grokster, Ltd., Apple v. Does, and others. Awards The EFF organizes two sets of awards to promote work in accordance with its goals and objectives: The EFF Pioneer Awards are awarded annually to recognize individuals who in its opinion are "leaders who are extending freedom and innovation on the electronic frontier."https://www.eff.org/awards/pioneer EFF Pioneer Awards December 24, 2009 In 2009, the honorees were Limor Fried, Harri Hursti and Carl Malamud The EFF Cooperative Computing Awards are a series of four awards meant "to encourage ordinary Internet users to contribute to solving huge scientific problems," to be awarded to the first individual or group who discovers a prime number with a significant record number of decimal digits. The awards are funded by an anonymous donor.https://www.eff.org/awards/coop EFF Cooperative Computing Awards December 24, 2009 The awards are: $50,000 to the first individual or group who discovers a prime number with at least 1,000,000 decimal digits – Awarded April 6, 2000Katina Bishop EFF Gives $50,000 to Finder of Largest Known Prime Number April 6, 2000 eff.org https://w2.eff.org/awards/20000406_coopaward_pr.html December 24, 2009 $100,000 to the first individual or group who discovers a prime number with at least 10,000,000 decimal digits – Awarded October 14, 2009Landon Knoll Record 12-Million-Digit Prime Number Nets $100,000 Prize April 6, 2000 eff.org https://www.eff.org/press/archives/2009/10/14-0l December 24, 2009 $150,000 to the first individual or group who discovers a prime number with at least 100,000,000 decimal digits $250,000 to the first individual or group who discovers a prime number with at least 1,000,000,000 decimal digits. Support The foundation receives support from its board membershttps://www.eff.org/about/board Board of Directors John Buckman (Chairman), Pamela Samuelson (Vice-Chairman), John Perry Barlow, Lorrie Cranor, David J. Farber, Edward Felten, John Gilmore, Brewster Kahle, Joe Kraus and Brad Templeton. The organization often receives additional pro bono legal assistance from Prof. Eben Moglen. On February 18, 2004, the EFF announced that it had received $1.2 million from the estate of Leonard Zubkoff.https://www.eff.org/about/20040218_eff_pr.php EFF: Internet Pioneer Gives Over $1.2 Million to EFF to Defend Online Freedom March 6, 2009 http://web.archive.org/20040301232426/https://www.eff.org/about/20040218_eff_pr.php March 1, 2004 It will use $1 million of this money to establish the EFF Endowment Fund for Digital Civil Liberties. In April 2011 George Hotz donated $10,000 the remainder of his legal defense money in his case against Sony. The agitprop art group Psychological Industries has independently issued buttons with pop culture tropes such as the logo of the Laughing Man from the anime series Ghost in the Shell: Stand Alone Complex (with the original Catcher in the Rye quotation replaced with the slogan of Anonymous), a bleeding roller derby jammer, and Rosie the Riveter on a series of buttons on behalf of the EFF.http://www.onemillionbuttonsfordigitalfreedom.com/ Home Onemillionbuttonsfordigitalfreedom.com 2011-09-19 Charity Navigator has given the EFF an overall rating of three out of four stars, and four for its financial efficiency and capacity.http://www.charitynavigator.org/index.cfm?bay=search.summary&orgid=7576 Electronic Frontier Foundation rating at Charity Navigator Charity Navigator In literature The EFF is featured in Dan Brown's techno-thriller novel Digital Fortress. The book was released in 1998, the same year as the EFF DES cracker was built. See also Clipper chip Digital rights EFF-Austin Electronic Frontier Canada Electronic Frontiers Australia Free Software Foundation GNU Project Information freedom Internet censorship League for Programming Freedom Open Rights Group UK group Protection of Broadcasts and Broadcasting Organizations Treaty Switzerland (software) Who Controls the Internet? Hardware restrictions Notes 2 References 2 Gelman Robert B. Stanton McCandlish Protecting Yourself Online: The Definitive Resource on Safety, Freedom & Privacy in Cyberspace HarperEdge New York 1998 0062515128 Mike Godwin Godwin Mike Cyber Rights: Defending Free Speech in the Digital Age MIT Press Cambridge 2003 0262571684 Goldsmith Jack Who Controls the Internet? Oxford University Press Jack Goldsmith Oxford Oxfordshire 2006 0195152662 Jones Steve Encyclopedia of New Media Sage Publications Thousand Oaks 2003 0761923829 Sterling Bruce Bruce Sterling The Hacker Crackdown: Law And Disorder On The Electronic Frontier Bantam London 1993 055356370X (Covers Operation Sundevil and the formation of the EFF in great detail, including profiles of Mitch Kapor and John Perry Barlow) External links Electronic Frontier Foundation EFFector Legal Guide for Bloggers History Big Dummy's Guide to the Internet on Project Gutenberg How to Bypass Internet Censorship, also known by the titles: Bypassing Internet Censorship or Circumvention Tools, a FLOSS Manual, 10 March 2011, 240 pp.