January 25th, 2012

Student Paper Points Out Flaws in Iowa State’s ‘Red Light’ Harassment Policies

Writing for the Iowa State Daily, Kaleb Warnock quotes FIRE Director of Speech Code Research Samantha Harris on Iowa State University’s (ISU’s) unconstitutional speech codes. Specifically, Warnock’s article draws attention to ISU’s two “red light” harassment policies, each of which prohibits a substantial amount of protected student expression. 

These policies constitute a severe misapplication of peer harassment law at ISU. Indeed, it is difficult to conceive of two harassment policies at the same school that could more badly misinform students of their expressive rights. 

ISU’s policy on “Discrimination and Harassment” (PDF) explicitly states, in pertinent part: 

While grounded in state and federal non-discrimination laws, this policy may cover those activities which, although not severe, persistent, or pervasive enough to meet the legal definition of harassment, are inappropriate and unjustified in an educational or work environment. 

[Emphasis added.] 

As Warnock’s article points out, ISU’s Student Disciplinary Regulations policy on “Harassment and Discriminatory Harassment” (PDF) is also problematic: 

Section 4.2.7A of the Code of Conduct states, "Engaging in First Amendment protected speech activities shall be considered acts done with a legitimate purpose." 

However, it seems to contradict itself later in the same section, instead stating that whether or not ...

FIRE - The Torch

January 25th, 2012

International Privacy Day: Fighting Data Retention Mandates Around the World

This January 28 marks International Privacy Day, the day that the first legally binding international privacy treaty was opened for signature to Member States in January 28, 1981. Different countries around the world are celebrating this day with their own events. This year, we are honoring the day by calling attention to recent privacy threats around the world and describing a few of the available tools that allow individuals to protect their privacy and anonymity.

Today, we are calling on governments to repeal mandatory data retention schemes. Mandatory data retention harms individuals' anonymity, which is crucial for whistle-blowers, investigators, journalists, and for political speech. It creates huge potential for abuse and should be rejected as a serious infringement on the rights and freedoms of all individuals.

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It has been six years since the highly controversial Data Retention Directive (DRD) was adopted in the European Union. Conceived in the EU and steamrolled by powerful U.S. and U.K. government lobbies, this mass-surveillance law compels EU-based Internet service providers to collect and retain traffic data revealing who communicates with whom by email, phone, and SMS, including the duration of the communication and the locations of ...

Deeplinks

January 25th, 2012

Man Sues US Supreme Court Marshal For Right to Hold Sign on Court Grounds

A Maryland man is suing U.S. Supreme Court Marshal Pamela Talkin, claiming that the rules barring protesters from displaying signs on the high court’s grounds are unconstitutional.

Harold Hodge Jr., according to the complaint (PDF) filed yesterday in U.S. District Court for the District of Columbia, was arrested on Jan. 28, 2011 after he walked up the court’s steps wearing a sign around his neck that read: “The U.S. Gov. Allows Police To Illegally Murder And Brutalize African Americans And Hispanic People.”

Hodge was arrested by Supreme Court police and charged with violating a federal law that prohibits the display of flags, banners or other signs on the grounds of the high court. He agreed to stay away from the court and its grounds in exchange for having the charge dismissed on Sept. 14 by the U.S. attorney’s office.

According to the complaint, Hodge wants to go back to the Supreme Court to demonstrate, and wants a federal court judge to declare that the rules barring him from bringing a sign violate his First Amendment right to free speech.

“Hodge is deterred and chilled from engaging in peaceful, non-disruptive speech on the plaza of the Supreme Court building,” he wrote ...

The Thomas Jefferson Center For the Protection of Free Expression

January 25th, 2012

Department of Justice Misdirection on Cloud Computing and Privacy

Does using cloud computing services based in the United States create a risk of US law enforcement access to people's data?  The US Department of Justice (DOJ) seems to be trying to placate international concern by saying one thing in international fora; but it says something quite different in the US courts.

On January 18, a senior Justice Department official tried to reassure companies and people around the world that hosting their data in the United States creates no increased privacy risk for them from the US government. Deputy Assistant Attorney General Bruce Swartz noted: "Cloud computing has important advantages to consumers (but) doesn't present any issues that have not always been present. Certainly not regarding Internet service issues, but even before that."

Apparently, the DOJ is reacting to decisions by foreign entities to drop US-based services due to concerns about US government access, including British company BAE dropping Microsoft Office 365 and the Dutch government's hesitation about allowing its contractors to use US-based cloud services.  In the past, Denmark and Canada have also voiced their concerns about the level of protection the United States can provide to their citizens’ data. EU public tenders of cloud services are also ...

Deeplinks

January 25th, 2012

DOJ Wants to Know Who’s Rejecting Your Friend Requests

In the latest turn in our Freedom of Information Act (FOIA) lawsuit for records related to the government’s use of social networking websites, the Department of Justice finally agreed to release almost 100 pages of new records. These include draft search warrants and affidavits for Facebook and MySpace and several PowerPoint presentations and articles on how to use social networking sites for investigations. (For more on what we've learned from the documents so far, see our earlier blog posts here, here, here, here, here, and here.)

The draft search warrants are particularly interesting because they show the full extent of data the government regularly requests on a person it’s investigating. This includes not just your full profile information but also who you “poke” (and presumably who “pokes” you), who rejects your friend requests, which apps you use, what music you listen to, your privacy settings, all photos you upload as well as any photos you’re tagged in (whether or not you upload them), who’s in each of your Facebook groups, and IP logs that can show if and when you viewed a specific profile and from what IP address you did so.

More ...

Deeplinks

January 24th, 2012

Google+ and Pseudonyms: A Step in the Right Direction, Not the End of the Road

Nearly four months after first announcing it would support pseudonyms, Google rolled out changes to the account creation process for Google+ yesterday. The changes will allow users the option of choosing a nickname/alternate name to display in his or her Google+ profile, or choosing a pseudonym which is not linked a real name.

Nicknames address the needs of users who want to display the alternate name they may be known by, or a maiden name, as well as foreign-language users who want to use an alternate name. Users who select a nickname should note, however, that Google plans to roll out nicknames to other services, so that funny college nickname you use on Google+ might appear on your professional Picasa account one day.

Users should also note that nicknames and alternate names are no substitute for pseudonyms, as Google still requires users to sign up with a “common name” which is publicly associated with the user’s account.

For users who want to use a real pseudonym—a name that is in no way associated with one’s commonly used name—there is an alternate procedure and a potential pitfall. Names that trigger Google’s pseudonym-detection algorithms, such as Doctor Popular or Skud, send users ...

Deeplinks

January 24th, 2012

Egyptian Blogger Maikel Nabil Released from Prison

EFF is thrilled by the news that Egyptian blogger Maikel Nabil (Sanad), detained since March 2011, was released today, just one day prior to the anniversary of Egypt's January 25 uprising. Though earlier reports suggested Nabil would not be released until the 26th, Al Masry Al Youm reported his release late Tuesday evening.

Nabil, a prisoner of conscience whose unfair trial EFF has highlighted numerous times, was arrested last March after criticizing the army on his blog and was tried in a military court.  Though he successfully appealed an initial three year sentence, he was later sentenced to two years in prison by a Supreme Military Court of Appeals. Nabil committed to a hunger strike for more than 120 days, consuming only liquids, to protest his detention.

Nabil's release was announced alongside another that 1,959 other prisoners would also be freed to mark the anniversary of the revolution. 

In a video statement [in Arabic] released in the early hours of January 25, Nabil stated that he refuses the decision of the military dictator to grant him pardon, saying that he never committed a crime to be pardoned. "I was practicing my right to freedom of thought and speech. I committed no ...

Deeplinks

January 24th, 2012

Censored Auburn Student Shares Story with ‘Plainsman’

For weeks now, FIRE has been fighting for free speech at Auburn University, which continues to maintain an unwise and illiberal ban on window hangings in its dorms despite ample evidence pointing to its uneven enforcement of the policy. Now student Eric Philips—who came to FIRE after being forced to remove a banner supporting Ron Paul's presidential candidacy from his window—has told his story to Auburn's student newspaper, The Auburn Plainsman.

As Philips relates to the Plainsman:

"Well, I noticed everybody else hanging banners, at least in the sororities and some people inside my dorm with Auburn banners in their window," Philips said. "There's a sorority literally right across from me, right across the sidewalk. I look out my window and for all of October I saw this huge Halloween banner that was three times the size of my Ron Paul banner."

"I figured there's no rules against it, and as an effort to help support Ron Paul's campaign, me and three other people purchased a Ron Paul banner to hang up in my window." 

Auburn's policy banning "[h]anging or displaying items such as flags, banners, decals, or signs out of or obstructing residence hall windows," was adopted in summer ...

FIRE - The Torch

January 24th, 2012

Texas Cancels Its Drone Program For Maintenance Issues

Wasp Drone Beach LaunchAfter the Washington Post wrote about the Texas Department of Public Safety’s (DPS) and other domestic law enforcement agencies’ use of drones last January, EFF filed a Public Information Act request with the agency for more information. The Texas DPS was very forthcoming and not only sent us unredacted records of their program but also agreed to provide more information over the phone. The records they sent us are linked at the bottom of this post, and I was able to speak with Mr. Bill Nabors, chief pilot of Texas DPS’s Aircraft Section.

Interestingly, according to Mr. Nabors, Texas hasn’t flown its drones since a final training flight in August 2010. The drones were constantly having maintenance issues because they weren’t designed to land in a rocky environment like Texas and didn’t fly well in high winds. The supplier, AeroVironment (AV), took a long time to fix the drones so they were often out of service. There also may have been some issues with the frequency used to operate and control the device. Ultimately, according to Mr. Nabors, the drones did not offer Texas significant advantages over the agency’s existing airplanes and helicopters so the agency cancelled its 2010 ...

Deeplinks

January 24th, 2012

Two Days Left to Craft Best ‘Firefly’ Video Tweet; Win $500 in Prizes

Only two days are left to enter FIRE's contest on Prizes.org for the best tweet promoting our video about the infamous Firefly censorship case at the University of Wisconsin-Stout, now with nearly 80,000 views on YouTube. The best tweet promoting the video will receive a grand prize of $300, with smaller prizes for runners-up. Take a look at the contest rules and feel free to vote on as many entries as you like. In two days, only 10 finalists will remain, and voting will begin to determine the grand prize winner. Submit your own entry now!

FIRE - The Torch