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Thu Nov 14, 2019, 02:51 PM

Federal Court Rules Suspicionless Searches of Travelers' Phones/Laptops Unconstitutional -EFF Nov 12

That is great news !!

At last one for the Good Guys and Gals !!!


I still remember back in the early days of the Internet (90's) when John Perry Barlow,
revered lyricist for the Dead, founded the EFF. I was startled at the
time to think that such an organization was actually necessary.

How naive was I ?!!


Anyway, in case y'all missed it:

Federal Court Rules Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

Government Must Have Reasonable Suspicion of Digital Contraband Before Searching People’s Electronic Devices at the U.S. Border

NOVEMBER 12, 2019

BOSTON—In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional.

The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.

“This ruling significantly advances Fourth Amendment protections for millions of international travelers who enter the United States every year,” said Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”

“This is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices," said Sophia Cope, EFF Senior Staff Attorney.


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Reply Federal Court Rules Suspicionless Searches of Travelers' Phones/Laptops Unconstitutional -EFF Nov 12 (Original post)
Pluvious Nov 14 OP
bdamomma Nov 14 #1
Hekate Nov 14 #2
Brother Buzz Nov 14 #3
redstatebluegirl Nov 14 #4

Response to Pluvious (Original post)

Thu Nov 14, 2019, 02:58 PM

1. this is something

I will print out and hold onto in case of a emergency.

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Response to Pluvious (Original post)

Thu Nov 14, 2019, 03:00 PM

2. Reminder: Electronic Frontier Foundation takes donations

Well worth looking up

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Response to Pluvious (Original post)

Thu Nov 14, 2019, 03:28 PM

3. DU is indebted to Electronic Frontier Foundation

The Electronic Frontier Foundation totally wears a white hat!!!!

The Electronic Frontier Foundation stepped up and helped pull DU's bacon out of the fire when they got sued for that bogus copyright infringement lawsuit.

Skinner ADMIN Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-28-10 11:22 AM
Original message
Political Forum (Democratic Underground) Fights Back Against Righthaven Copyright Troll Suit
Source: Electronic Frontier Foundation (EFF)

Political Forum Fights Back Against Righthaven Copyright Troll Suit
Bogus Copyright Claims Used to Threaten Democratic Underground

Las Vegas - The online political discussion forum Democratic Underground is fighting back against a lawsuit filed by copyright troll Righthaven LLC, arguing in court documents filed Monday that the short excerpt of a news article at issue in the suit is a clear case of fair use.

Democratic Underground -- represented by the Electronic Frontier Foundation (EFF), Winston & Strawn LLP, and attorney Chad Bowers -- was sued by Righthaven on August 10 for a five-sentence excerpt of a Las Vegas Review-Journal news story that a user posted on the forum, with a link back to the Review-Journal website. Righthaven has brought over 130 lawsuits in Nevada federal court claiming copyright infringement, even though they do not create, produce or distribute any content. Instead, they create lawsuits by scouring the Internet for content from Review-Journal stories posted on blogs and online forums, acquiring the copyright to that particular story from Stephens Media LLC (the Review-Journal's publisher), and then suing the poster for infringement.

As part of its lawsuit business model, Righthaven claims damages of up to $150,000 under the Copyright Act's statutory damages provisions and uses that threat to attempt to push defendants into a quick settlement. In the answer and counterclaim filed Monday, Democratic Underground asked the court to affirm that the excerpt of the article does not infringe copyright and is a fair use of the material, with no damages due to Righthaven.

"Democratic Underground is the largest independent discussion forum for liberals on the Internet. Thousands of people discuss and debate political issues on our site every day, particularly now during election season. Online discussion often requires quoting from news sources -- a legal fair use of the material," said Democratic Underground founder David Allen. "By targeting short excerpts of news articles with their sham copyright claims, Righthaven is chilling free and open discussion on the Internet."

Righthaven has claimed that its activities are intended to have a deterrent effect on the reposting of news stories online. But instead of allowing websites to remove or amend the content in question, Righthaven goes straight to court, seeking to profit by gaining sums far greater than any actual harm the newspapers may have suffered. Righthaven has already sued numerous noncommercial bloggers, such as Allegra Wong; political advocacy groups, such as Citizens for Responsibility and Ethics in Washington, Inc.; and political parties and candidates, such as the Democratic Party of Nevada and Sharron Angle.

"Despite what Righthaven claims, it's hard to interpret these lawsuits as anything else besides a way to bully Internet users into paying unnecessary settlements," said EFF Senior Staff Attorney Kurt Opsahl. "At the same time, Righthaven is trying to discourage the practice of quoting and linking that is both essential to the interconnected Internet and helps drive significant traffic to newspapers online."

For the full answer and counterclaim: http://www.eff.org/files/filenode/righthaven_v_dem/Answ... (Adobe PDF)

Read more: http://www.eff.org/press/archives/2010/09/27

DU prevailed and Righthaven went belly up!!!!!!!!!!!!!!

Just so you know: People in the know will tell you John Perry Barlow was Bob Weir's lyricist; Bob brought Barlow into the tribe.

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Response to Pluvious (Original post)

Thu Nov 14, 2019, 04:29 PM

4. A court the orange menace has not gotten to ..... yet.

These are the kinds of things they want to stop with their horrible appointments to the bench.

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