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Electronic Frontier Foundation
In our 624th issue:

Why We Have An Open Wireless Movement

Communication is critical in time of crisis, and the Internet is one of the most effective ways of getting information in and out. With readily available networks, government officials could use tools like Twitter to quickly spread information, citizen reports could help focus assistance where it is needed most, and social media updates could help reassure friends and loved ones while keeping mobile phone lines open for emergencies. Aimed at residences, businesses, ISPs, and developers, the Open Wireless Movement helps foster a world where the dozens of wireless networks that criss-cross any urban area are now open for us and our devices to use.

EFF Demands Answers About Predator Drone Flights in the U.S.

EFF has filed suit against the Department of Homeland Security, demanding answers about how and why it loans out its Predator drones to other law enforcement agencies across the country. Customs and Border Protection--a division of DHS--uses the unmanned drones to patrol the borders with surveillance equipment like video cameras, infrared cameras, heat sensors, and radar. But recent news articles as well as a report from DHS itself show CBP is expanding its surveillance work, flying Predator drone missions on behalf of a diverse group of local, state, and federal law enforcement agencies.

EFF Wins Renewal of Smartphone Jailbreaking Rights Plus New Legal Protections for Video Remixing

EFF won renewal of critical exemptions to the Digital Millennium Copyright Act (DMCA) in a new ruling, including the upholding of jailbreaking rights for smartphones as well as new and significantly expanded legal protections for video remixing. However, the Copyright Office declined to expand the jailbreaking exemption to tablets and video game consoles, arguing that the category of "tablets" is not well defined and that jailbreaking video game consoles might lead to more copyright infringement.

EFF Updates

On Monday, the Supreme Court heard oral arguments in Kirtsaeng v. Wiley, a copyright case that could have far-reaching consequences for the future of the first sale doctrine and your right to resell, lend, or give away legally purchased works. If the copyright industry has its way, you may have to seek permission or face penalties when you resell or tinker with the things you've bought. EFF was in the courtroom, and fortunately we can report that the justices seemed concerned about Wiley's interpretation of the law.
On Monday, the Supreme Court heard oral arguments in Clapper v. Amnesty, an important case that will decide if the ACLU's challenge to the FISA Amendments Act--the law passed in the wake of the NSA warrantless wiretapping scandal--can go forward. The court will essentially determine whether any court, short of a government admission, can rule on whether the NSA's targeted warrantless surveillance of Americans' international communications violates the Constitution.
EFF, on behalf of its client Kyle Goodwin, filed a brief proposing a process for the court in the Megaupload case. We're asking the court to hold the government accountable for the actions it took--and failed to take--when it shut down Megaupload's service and denied third parties like Mr. Goodwin access to their property. The government submitted a proposal of its own, one that would result in a long, drawn-out process that would make it nearly impossible for most Megaupload customers to get their property back.
In less than 10 minutes, you can drastically improve your privacy online and protect yourself against unwanted and invisible tracking. These four easy steps work to configure both Firefox and Chrome.
We've seen some absurd trademark threats in recent years, but this one sets the bar at a new low: the Village Voice is suing Yelp for trademark infringement based on Yelp's creation of various "Best of" lists. The paper claims that Yelp's use of those terms infringes those trademarks and deceives consumers.
Last month the eagerly awaited free software operating system Ubuntu 12.10 was released, and it includes a slew of new features, some of which have infuriated users because of privacy concerns. Starting with the latest release of Ubuntu, a desktop search feature called Dash is also starting to search the Internet for you. While some people find this convenient, others find it a violation of their privacy. Luckily, Ubuntu makes it easy to turn this off.
The European Commissioner for Trade, Karel De Gucht, has affirmed that Europe wants to close the Canadian-European Trade Agreement (CETA) by the end of this year. CETA is a trade agreement designed to strengthen economic ties between Canada and the EU through "free" trade and increased investment. However, hidden within this treaty are intellectual property provisions that were essentially taken word-for-word from ACTA.
In July, EFF called for the immediate release of open source developer and Creative Commons volunteer Bassel Khartabil, who had been detained in Syria since March 12, 2012 as part of a wave of arrests made in the Mazzeh district of Damascus. According to a new Amnesty International report, a released detainee has informed Bassel Khartabil's family that he is being held at the Military Intelligence Branch in Kafr Sousseh and had been tortured and otherwise ill-treated.

miniLinks

No one should be killed or tortured for what they say online. The International Freedom of Expression Exchange is demanding an end to the culture of impunity.
Wired reports on Russia's new Internet surveillance program, ostensibly aimed at protecting children from pedophiles, but which will certainly trap much political speech.
The NSA has claimed the 'state secret' dozens of times in a submission to the Court in EFF's litigation over warrantless wiretapping.

Supported by Members

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.
If you aren't already, please consider becoming an EFF member today.
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Administrivia

Editor: Parker Higgins, Activist
editor@eff.org
EFFector is a publication of the Electronic Frontier Foundation.
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Reproduction of this publication in electronic media is encouraged. MiniLinks do not necessarily represent the views of EFF.

Announcements

Responding to our piece on Amazon ads and data leaks in the newest version of Ubuntu, Twitter user Tim318ti posted: "@EFF thank you for shining light on @ubuntu privacy issues. YOU'RE AWESOME!" Thanks Tim. You're awesome too.
Last week, EFF joined many other Internet freedom advocates to answer public questions on Reddit, with a focus on questions about the Trans-Pacific Partnership (TPP) agreement. Hundreds of users asked questions about topics ranging from TPP's harsh intellectual property provisions to mobile privacy.
Join us for a Geek Reading with author Rob Reid, founder of Rhapsody and the man behind the famous "$8 billion iPod" TED talk. Rob will read from Year Zero, and there'll be drinks and discussion about the book, copyright, the music industry, and myriad other interesting topics.
November 7, 2012
San Francisco, CA
Each BSides is a community-driven framework for building events for and by information security community members. EFF is happy to support the efforts of the Security B-Sides Dallas/Fort Worth team.
November 3, 2012
Dallas/Fort Worth, TX
Katitza Rodriguez, EFF's International Rights Director, will facilitate a session on "Making an inclusive civil society network on IG issues sustainable."
November 3-4, 2012
Baku, Azerbaijan
The Internet Governance Forum is a multi-stakeholder policy dialogue space first convened by the United Nations Secretary General in 2006 to discuss Internet policy issues. EFF staffers Katitza Rodriguez and Jillian C. York will participate in insightful presentations and panel discussions this year, and have co-organized essential workshops about privacy and freedom of expression.
November 5-9, 2012
Baku, Azerbaijan
EFF International Director of Freedom of Expression Jillian C. York and EFF Activist Trevor Timm will attend Mozilla's annual festival.
November 9, 2012
London, England

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PA HOUSE DEMOCRATIC LEGISLATIVE REVIEW - November 2, 2012


 
A state legislative update from
the PA House Democratic Caucus


THE LATEST...

Report shows progress in terror-free investment efforts in Pa.

State Rep. Dan Frankel speaks at a Capitol news conference about a new report that shows a terror-free investment law passed last year with his support has been a success. The latest report published by the Pennsylvania Treasury Department shows that companies are continuing to divest from the rogue nations of Iran and Sudan, as mandated by the Protecting Pennsylvania’s Investments Act, according to state Rep. Dan Frankel. The law (Act 44 of 2010) requires Pennsylvania’s public "Four Funds" — Public School Employees’ Retirement System, State Employees’ Retirement System, Pennsylvania Municipal Retirement System and the Treasury — to divest from companies that have certain scrutinized business activities in Sudan or Iran.

Since July 2011, 24 companies with ties to the state’s pension plans were determined to have divested operations in Sudan and/or Iran, according to the report. As of July 2012, 50 companies remain scrutinized for having financial interests in one or both of the rogue nations. They must divest by next summer or else the state’s public pensions will sever ties with any companies currently in holdings.

The report is mandated by the law. It includes the most recent list of scrutinized companies, a summary of correspondence between the commonwealth and these companies, and the course of action taken either by each company to become compliant, or by the commonwealth to divest or set a course for divestment. Frankel continues to seek methods to prohibit financial dealings with rogue nations. Next year, he plans to reintroduce legislation that would prohibit companies with direct investments in Iran’s energy sector from bidding for state contracts.

The measure would prohibit an individual, financial institution, or company that provides goods and services or a line of credit worth at least $20 million to the energy sector of Iran from entering into a contract of $1 million or more with the Pennsylvania Department of General Services. The department would be required to develop a list of people, organizations and companies that are engaged in investment activities with Iran and update the list every 180 days.
If individuals, organizations or companies want to enter into a contract with Pennsylvania, they would be required to file a certificate with the Department of General Services that they are eligible to enter into the contract.


Freeman bill to protect manufactured housing residents becomes law

State Rep. Robert Freeman, D-NorthamptonState Rep. Bob Freeman's bill establishing better notification requirements and other protections for residents when a manufactured housing community owner decides to sell the community has been signed into law by the governor.

Under the law, manufactured home community owners are required, when closing the community, to inform residents within 60 days of any decision to close the community; inform the Pennsylvania Housing Finance Agency and the home municipality also within 60 days; give residents at least six months to leave the community when the closure notice is made – previously, they only had 30 days; consider any offer to purchase the community by a resident association representing at least 25 percent of the manufactured home spaces; pay relocation expenses of up to $4,000 for single and $6,000 for multi-section manufactured homes; pay at least $2,500 or the home's appraised value, whichever is greater, when the homeowner is unable or unwilling to relocate the home; and allow tenants to terminate any leases without penalty after receiving the community's closure notice.

Violations of the Manufacturer Home Community Rights Act also will be considered a violation of the Consumer Protection Law, thereby giving residents an additional avenue to enforce the law. The law goes into effect in 60 days.


Sabatina’s Justice Reinvestment Initiative becomes law

State Rep. John Sabatina, Gov. Tom Corbett, and state Sen. Stewart Greenleaf pose for a photo at the signing of House Bill 135, part of the Justice Reinvestment Initiative. State Rep. John Sabatina, D-Phila., announced that Gov. Tom Corbett has signed his Justice Reinvestment Initiative bill into law. House Bill 135 unanimously passed the House and Senate and is a key component of the Justice Reinvestment Initiative. The law authorizes the reinvestment of 25 percent of the savings under the recently enacted prison reform law to programs that would further help public safety efforts and lower rates of recidivism. Out of 171 House bills signed into law this session, the measure was one of 13 Democratic initiatives signed into law.

The act reinvests funds to the Pennsylvania Commission on Crime and Delinquency, Pennsylvania Commission on Sentencing, state Department of Corrections, and the Board of Probation and Parole. Funds will be used for grants for innovative policing and county probation improvement; streamlining parole processes; implementing contracts with counties for minimum offenders; and implementing safe community re-entry programs. PCCD has been granted $1 million for a statewide victim notification system, victim service data collection and for programs for victims of juvenile offenders.

The law also makes a number of changes in the way the PCCD conducts its business, including allowing the attorney general, General Assembly members and judges to appoint temporary replacements for the statutorily defined members, permit the appointment of advisory committees, and enhance and define roles of the Juvenile Justice and Delinquency Prevention Committee and the Targeted Community Revitalization and Crime Prevention Advisory Committee. Sabatina said the PCCD is potentially one of the commonwealth’s most valuable assets in reducing and preventing crime.


Democratic Policy Committee examines potential threats to Pa. state parks

Jeff Schmidt, senior chapter director of Sierra Club PA Chapter, testifies before the committee. CLICK TO VIEW MORE PHOTOS FROM THE HEARINGMembers of the House Democratic Policy Committee heard testimony from Pennsylvania’s environmental experts and advocates at a public hearing Oct. 24 regarding risks to the health of the commonwealth’s state parks, Chairman Mike Sturla said.

The hearing specifically examined issues related to Marcellus Shale drilling, mining and commercial timbering in state parks, which comprise nearly 300,000 acres in Pennsylvania.
The Pennsylvania Department of Conservation and Natural Resources, which oversees state parks, declined the committee’s invitation to testify at the hearing.

Those testifying at the hearing included: George Jugovic, president and CEO, PennFuture; Jeff Schmidt, senior chapter director, Sierra Club Pennsylvania Chapter; and David Masur, executive director, PennEnvironment. For more information about the Policy Committee or for hearing materials, visit www.pahouse.com/PolicyCommittee.


Boyle seeks answers in Philadelphia police officer's death

Michael Potteiger, chairman of PA Board of Probation and Parole, talks about parole policies.  CLICK HERE TO VIEW MORE PHOTOS FROM THE HEARINGState Rep. Brendan F. Boyle on Oct. 23 held a House Democratic Policy Committee public hearing in Philadelphia to investigate the recent shooting death of Philadelphia Police Officer Moses Walker Jr.

Boyle, who served as chairman of the hearing, requested the hearing to address parole procedures in response to Walker's shooting, which was allegedly perpetrated by parolee Rafael Jones. Testifying at the hearing were John McNesby, president, Philadelphia Fraternal Order of Police Lodge No. 5; Michael Potteiger, chairman, Pennsylvania Board of Probation and Parole; and Angus Love, executive director, Pennsylvania Institutional Law Project.

Boyle said that before Walker's shooting, Jones was allowed by Pennsylvania probation officials to go without a required electronic ankle bracelet for up to two weeks after he was released from jail and placed on house arrest. Additionally, two days after Jones was released from prison, with strict instructions from a judge that he be sent back to jail if he failed a drug test, Jones tested positive for marijuana but was allowed by a parole officer to go free.


HDPC reviews issues with Unemployment Compensation Service Centers

Rep. Keller and Policy Chairman Mike Sturla, D-Lancaster, listen to testimony. CLICK HERE FOR MORE PHOTOS FROM THE HEARINGThe House Democratic Policy Committee heard from labor and community advocates at a public hearing Oct. 23 regarding service issues residents have encountered when dealing with Unemployment Compensation Service Centers across the state, Chairman Mike Sturla, D-Lancaster, said.

State Rep. Bill Keller, D-Phila., the Democratic chairman of the House Labor and Industry Committee, requested the hearing and served as co-chairman. The hearing was directed at widespread reports of complications encountered by claimants when seeking help from service center staff. Among the problems residents have experienced are repeated busy signals and long wait times when calling for information.

Testifiers at the hearing included: Sharon Dietrich, managing attorney for employment and public benefits, Community Legal Services Inc.; John Dodds, director, Philadelphia Unemployment Project; UC claimants; Greg Potter, president, Lehigh Valley Labor Council; and Kathy Jellison, president, SEIU Local 668. For more information about the Policy Committee or for hearing materials, visit www.pahouse.com/PolicyCommittee.


HDPC looks at special education reimbursement in Pa. charter schools

Rep. Ronald Waters, D-Delaware/Phila., makes a point as Rep. Pat Harkins, D-Erie, and Joe Preston, D-Allegheny, look on. CLICK HERE FOR MORE PHOTOS FROM THE HEARINGMembers of the House Democratic Policy Committee heard from education and disability advocates at an Oct. 22 public hearing at the University of the Sciences’ Wilson Student Center to look at the issue of special education funding for the state’s charter and traditional public schools, said committee chairman Rep. Mike Sturla.

State Rep. James Roebuck, D-Phila. and Democratic chairman of the House Education Committee, served as the hearing’s co-chairman. Roebuck introduced legislation (H.B. 2661) that would reform charter and cyber charter schools in Pennsylvania. His bill includes a provision that would limit the amount of special education funding that a charter or cyber charter school receives per student to the school district's total per-pupil spending for special education services.

Testifiers at the hearing included a panel from the Arc of Philadelphia: executive director Nofre Vaquer, board president Ken Oakes and board member Cathy Roccia; David Lapp, staff attorney, Education Law Center; and Larry Jones, president, Pennsylvania Coalition of Public Charter Schools. For more information about the Policy Committee or for hearing materials, visit www.pahouse.com/PolicyCommittee.

         

Nov. 2, 2012

IN THE NEWS

 Lawsuit raises questions over DEP’s testing of water for drilling contaminants

Lawmaker challenges Pa. DEP's reporting of gas well water safety

U.S. Attorney's office is reviewing request from Reps. Hanna and Dermody to investigate Corbett's handling of Sandusky's case

The storm affects the vote

Land banks are newest anti-blight tool made available to PA municipalities

PA Legislature's health plans could save $5.5 million this year

PA teacher evaluations will be tied to schools' test scores

PUC miscalculates Marcellus Shale gas impact money for local governments

Commonwealth Court Judge Simpson rejects request for fast ruling on voter ID law ads

Corbett's top staff gets big raises; PA residents deal with huge cuts


Corbett's words don't match his deeds


Corbett should stop voter ID ads


Court challenge to attack on the disabled


Administration continues to mislead on voter ID


Corbett budget cuts are hurting PA college students


House Democrats want answers on parole system breakdowns


Meet the man behind the myth that is Voter Fraud


This is "productive?"


State September unemployment rose to 8.2 percent


Glitch tied to ID law


Voter ID opponents say state's ad campaign is misleading


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PO Box 202250 Harrisburg, PA 17120-2250

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