Coalition Launches ‘Dark Patterns’ Tip Line to Expose Deceptive Technology Design

EFF Joins Groups Fighting Exploitative Data-Gathering in Apps and on the Web San Francisco – The Electronic Frontier Foundation (EFF) has joined Consumer Reports, Access Now, PEN America, and DarkPatterns.org in launching the “Dark Patterns Tip Line”—a project for the public to submit examples of deceptive design patterns they see in technology products and services. “Dark patterns” design tactics are used to trick people into doing all kinds of things they don’t mean to, from signing up for a mailing list to submitting to recurring billing. Examples seen by users every day include hard-to-close windows urging you to enter your…

Lawsuit Against Snapchat Rightfully Goes Forward Based on “Speed Filter,” Not User Speech

The U.S. Court of Appeals for the Ninth Circuit has allowed a civil lawsuit to move forward against Snapchat, a smartphone social media app, brought by the parents of three teenage boys who died tragically in a car accident after reaching a maximum speed of 123 miles per hour. We agree with the court’s ruling, which confirmed that internet intermediaries are not immune from liability when the harm does not flow from the speech of other users. The parents argue that Snapchat was negligently designed because it incentivized users to drive at dangerous speeds by offering a “speed filter” that…

EFF tells California Court that Forensic Software Source Code Must Be Disclosed to the Defendant

Last week, EFF filed an amicus brief in State v. Alvin Davis in California, in support of Mr. Davis’s right to inspect the source code of STRMix, the forensic DNA software used at his trial. This is the most recent in a string of cases in which EFF has argued that a defendant has the right to examine DNA analysis software. Earlier this year, the courts in two of those cases, United States v. Ellis and State v. Pickett, agreed with EFF that the defendants were entitled to the source code of TrueAllele, one of STRMix’s main competitors.  Criminal defendants…

President Biden Revokes Unconstitutional Executive Order Retaliating Against Online Platforms

President Joe Biden on Friday rescinded a dangerous and unconstitutional Executive Order issued by President Trump that threatened internet users’ ability to obtain truthful information online and retaliated against services that fact-checked the former president. The Executive Order called on multiple federal agencies to punish private online social media services for content moderation decisions that President Trump did not like. Biden’s rescission of the Executive Order comes after a coalition of organizations challenging the order in court called on the president to abandon the order last month. In a letter from Rock The Vote, Voto Latino, Common Cause, Free Press,…

Victory! California City Drops Lawsuit Accusing Journalists of Violating Computer Crime Law

The City of Fullerton, California has abandoned a lawsuit against two bloggers and a local website. The suit dangerously sought to expand California’s computer crime law in a way that threatened investigative reporting and everyday internet use. The city’s lawsuit against the bloggers and the website Friends For Fullerton’s Future alleged, in part, that the bloggers violated the California Comprehensive Computer Data Access and Fraud Act because they improperly accessed non-public government records on the city’s file-sharing service that it used to disclose public records. But the settlement agreement between the city and bloggers shows those allegations lacked merit and…

Governor Newsom’s Budget Proposes Historic Investment in Public Fiber Broadband

This morning, California Governor Gavin Newsom announced his plans for the state’s multi-billion dollar surplus and federal recovery dollars, including a massive, welcome $7 billion investment in public broadband infrastructure. It’s a plan that would give California one of the largest public broadband fiber networks in the country. The proposal now heads to the legislature to be ratified by June 15 by a simple majority. Here are the details: The Plan: California Builds Fiber Broadband Highway; Locals Build the Onramps Internet infrastructure shares many commonalities with public roads. Surface streets that crisscross downtowns and residential areas connect to highways via…

How A Camera Patent Was Used to Sue Non-Profits, Cities, and Public Schools

Stupid Patent of the Month Patent trolls are everyone’s problem. A study from 2019 showed that 32% of patent troll lawsuits are directed at small and medium-sized businesses. We told the stories of some of those small businesses in our Saved by Alice project. But some patent trolls go even further. Hawk Technology LLC doesn’t just sue small businesses (although it does do that)—it has sued school districts, municipal stadiums, and non-profit hospitals. Hawk Tech has filed more than 200 federal lawsuits over the last nine years, mostly against small entities. Even after the expiration of its primary patent, RE43,462,…

How Your DNA—or Someone Else’s—Can Send You to Jail

Although DNA is individual to you—a “fingerprint” of your genetic code—DNA samples don’t always tell a complete story. The DNA samples used in criminal prosecutions are generally of low quality, making them particularly complicated to analyze. They are not very concentrated, not very complete, or are a mixture of multiple individual’s DNA—and often, all of these conditions are true. If a DNA sample is like a fingerprint, analyzing mixed DNA samples in criminal prosecutions can often be like attempting to isolate a single person’s print from a doorknob of a public building after hundreds of people have touched it. Despite…

FAQ: DarkSide Ransomware Group and Colonial Pipeline

With the attack on Colonial Pipeline by a ransomware group causing panic buying and shortages of gasoline on the US East Coast, many are left with more questions than answers to what exactly is going on. We have provided a short FAQ to the most common technical questions that are being raised, in an effort to shine light on some of what we already know. What is Ransomware? What is the Ransomware Industry? What is DarkSide? What exactly happened last Friday? Why did they target Colonial Pipeline? What can I do to defend myself against ransomware? What is Ransomware? Ransomware…

EFF to Ninth Circuit: Don’t Block California’s Pathbreaking Net Neutrality Law

Partnering with the ACLU and numerous other public interest advocates, businesses and educators, EFF has filed an amicus brief urging the Ninth Circuit Court of Appeals to uphold a district court’s decision not to block enforcement of SB 822, a law that ensures that that all Californians have fair access to all internet content and services. For those who haven’t been following this issue: after the Federal Communications Commission rolled back net neutrality protections in 2017, California stepped up and passed a bill that does what the FCC wouldn’t: bar ISPs from blocking and throttling internet content and imposing paid…

Japan’s Rikunabi Scandal Shows The Dangers of Privacy Law Loopholes

Technology users around the world are increasingly concerned, and rightly so, about protecting their data. But many are unaware of exactly how their data is being collected and would be shocked to learn of the scope and implications of mass consumer data collection by technology companies. For example, many vendors use tracking technologies including cookies—a small piece of text that is stored in your browser that lets websites recognize your browser, see your browsing activity or IP address but not your name or address—to build expansive profiles about user behavior over time and across apps and sites. Such data can…

Outliving Outrage on the Public Interest Internet: the CDDB Story

This is the second in our blog series on the public interest internet: past, present and future. In our previous blog post, we discussed how in the early days of the internet, regulators feared that without strict copyright enforcement and pre-packaged entertainment, the new digital frontier would be empty of content. But the public interest internet barn-raised to fill the gap—before the fledgling digital giants commercialised and enclosed those innovations. These enclosures did not go unnoticed, however—and some worked to keep the public interest internet alive. Compact discs (CDs) were the cutting edge of the digital revolution a decade before the web. Their…

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