Date: Sat, 8 Sep 2001 03:24:33 -0400
To: Matthew Gaylor <freematt@coil.com>
From: Matthew Gaylor <freematt@coil.com>
Subject: Rebuttals To Cameras Reduce Accidents
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

From: "XXXXXX" <XXXXXX.XXXXXX@mail.house.gov> To: "'freematt@coil.com'" <freematt@coil.com> Subject: Re: [SF] Re: San Diego Red Light Camera Pictures Ruled Inadmissible Date: Fri, 7 Sep 2001 20:12:16 -0400

Matt, I can't send the exact link right now, but at freedom.gov/auto there is a link called "case closed."

It's a videoclip from Nightline of San Diego police chief Bejarano admitting that accidents have gone up at intersections with cameras since the cameras were installed.

A "safety program" that increases accidents is an absurdity. Despite the significance of the revelation, note the lack of coverage of Chief David's admission in the media.

We only have this accident data because of the discovery process in the San Diego case. Cameras don't work. Unless, of course, the goal is making money. They're quite good at that.

[Note from Matthew Gaylor: The link in question is: http://freedom.gov/library/multi/bejarano.asp . The above address is partially anonymized due to volume of potential responses. ]

###

Date: Fri, 7 Sep 2001 21:29:19 -0400 (EDT) From: Charles Platt <cp@panix.com> To: Matthew Gaylor <freematt@coil.com> Cc: <cp@panix.com> Subject: Re: [SF] Re: San Diego Red Light Camera Pictures Ruled Inadmissible

Matt, your self-righteous correspondent from San Francisco has made some assertions which I think are frankly wrong and should not be disseminated without a rebuttal. You are welcome to use the following text in any way.

> From: "Carl Page" <carlp@findpage.com>
> Date: Fri, 7 Sep 2001 12:21:28 -0700
>
> The very popular red light cams we have here in SF
> take very handsome detailed pix of the driver and the
> plate together. Dead to rights is right.
> About 10 fewer pedestrians have been
> murdered by car drivers so far this year,
> by my recollection.

1. The URL supplied as a source says nothing about fatalities. It links with pages that also say nothing about fatalities.

2. I believe the "10 fewer pedestrians murdered" number is totally bogus, since the system was installed at only five intersections.

3. The press release, at the URL specified, claims a CITY-WIDE reduction of red-light running, at all intersections, largely as a result of a PR campaign. The reduction is claimed to be 10 percent. Perhaps this is why your correspondent remembered the number "10."

4. The press release does not explain how the reduction of red-light running was measured. The press release is dated March, 1998. The press release claims an "estimated" reduction of 125 injuries (not deaths), CITY WIDE, without explaining how this estimate was reached. I find no information on what has happened since 1998.

5. Since the press release was issued by the people responsible for setting up the red-light photo-ID program, all its claims are self-serving and questionable.

6. In Car and Driver recently, an investigation of a red-light photo-ID system showed that the city concerned had shortened the duration of the yellow light preceding red, and had signed a contractual agreement limiting the duration of the yellow light, with the company that provided the system. (This was not San Francisco.)

7. Even though the claims by your correspondent, and probably from the City of San Francisco, seem suspect, let us suppose, for a moment, that there might be a grain a truth in them. Suppose that photo-ID systems at intersections save one life per year. Does this justify the expense of installing, running, and maintaining the system? Would better driver education be a better way of using the money, while eliminating the risk that photo-ID systems at red lights will encourage municipalities to use photo-ID systems for other equally noble-sounding purposes that are more dangerous to our civil liberties?

Note that in every case I have read about (not just in San Diego), fines from automated systems enforcing speed limits or red-light compliance are split between the municipality and the provider of the system.

I am really sick of seeing PR initiatives that tell us surveillance is for our own good--especially when I then see someone paying uncritical and inaccurate homage to the concept, and disseminating the meme via the net, using statistics that I believe are incorrect.

--Charles Platt

[Note from Matthew Gaylor: Charles Platt is senior writer for WIRED Magazine.]


Subscribe to Freematt's Alerts: Pro-Individual Rights Issues Send a blank message to: freematt@coil.com with the words subscribe FA on the subject line. List is private and moderated (7-30 messages per week) Matthew Gaylor, (614) 313-5722 ICQ: 106212065 Archived at http://groups.yahoo.com/group/fa/

From atheist Sat Sep 8 07:28:03 2001 X-FreePort-Flags: Received: (from atheist@localhost) by aztec2.asu.edu (8.9.1/8.9.1) id HAA07074; Sat, 8 Sep 2001 07:28:03 -0700 (MST) Date: Sat, 8 Sep 2001 07:28:03 -0700 (MST) Message-Id: <200109081428.HAA07074@aztec2.asu.edu> From: atheist@aztec.asu.edu (LARRY JOHNSON) To: getmatt Subject: [editor@eff.org: EFFector 14.23: Canadian "DMCA"; WIPOUT; Dmitry Update; more...] Reply-To: atheist@aztec.asu.edu

================= Begin forwarded message =================

From: editor@eff.org (Stanton McCandlish) To: effector-12345@effector.org Subject: EFFector 14.23: Canadian "DMCA"; WIPOUT; Dmitry Update; more... Date: Fri, 07 Sep 2001 19:44:08 -0700

EFFector Vol. 14, No. 23 Sep. 7, 2001 editors@eff.org

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 183rd Issue of EFFector (now with over 28,800 subscribers!):

* ALERT: Canadian "DMCA" in the Works - Short Deadline * Russian Programmer & Co. Case Continued * WIPOUT Launches Counter-Essay Contest on Copyright in response to WIPO Contest * EFF Thanks Craig's List, the Foundation Center and Actor Wil Wheaton for Featuring Us on Their Sites * EFF Thanks Working Assets for Their Activism * Administrivia

For more information on EFF activities & alerts: http://www.eff.org/

To join EFF or make an additional donation: http://www.eff.org/support/ EFF is a member-supported nonprofit. Please sign up as a member today!


ALERT: Canadian "DMCA" in the Works - Short Deadline

Tell Canada to Reject Anti-Technology Bans

Electronic Frontier Foundation ACTION ALERT

(Issued: Friday, September 7, 2001 / Deadline: Saturday, September 15, 2001)

Introduction:

Canadian citizens, and others, are urged to contact the Canadian government and express their opposition to legislation, similar to the Digital Millennium Copyright Act (DMCA) in the U.S., that would outlaw circumvention of technological restrictions put in place by copyright holders. The Canadian government is accepting public comment until September 15, 2001 on its proposed "Consultation Paper on Digital Copyright Issues" which considers such measures.

These anti-technology bans violate the Canadian Charter of Rights and Freedom's guarantee of freedom of speech, and similar guarantees in the UN Universal Declaration of Human Rights, since such tools are necessary to exercise lawful uses, including fair use. They would turn scientists, fair users, journalists, programmers, and archivists into criminals. While protecting copyright is important, passing measures that also censor much lawful speech goes too far, without ever achieving its objective.

Canada is considering adopting anti-circumvention legislation in response to the World Intellectual Property Organization's (WIPO) 1996 Copyright Treaty. This treaty, however, does not require enacting national legislation that outlaws technology with many lawful uses. Given the dismal US experience with the DMCA, other countries should learn from and steer clear of the U.S. Congress's mistake.

What YOU Can Do:

EFF calls upon the citizens of Canada, and other interested parties around the world, to submit comments by Sept. 15, urging the Canadian agency Intellectual Property Policy Directorate to remove the provisions of the Consultation Paper on Digital Copyright Issues that outlaw the act of circumvention and forbid providing tools for circumvention of technological protection measures restricting use of copyrighted works.

Comments, to be received by the government by September 15, 2001, should be submitted to:

Comments - Government of Canada Copyright Reform c/o Intellectual Property Policy Directorate Industry Canada 235 Queen Street 5th Floor West Ottawa, Ontario K1A 0H5 Canada fax: (613) 941-8151 copyright-droitdauteur@ic.gc.ca (text, HTML, WordPerfect and MSWord formats accepted)

Sample Letter:

This is just an example. It will be most effective if you send something similar but in your own words.

To Industry Canada, the Department of Canadian Heritage, the Intellectual Property Policy Directorate and other concerned agencies:

I write to express my grave concern regarding the extreme intellectual property provisions of the Consultation Paper on Digital Copyright Issues (CPCDI).

These measures, based on the US Digital Millennium Copyright Act (DMCA), give far too much power to publishers, at the expense of indivdiuals' rights. The DMCA itself is already under legal challenge in the US, has gravely chilled scientists' and computer security researchers' freedom of expression around the world for fear of being prosecuted in the US, and resulted in the arrest of a Russian programmer. The CPDCI provisions, which serve no one but (largely American) corporate copyright interests, are just as overbroad as those of the DMCA.

These provisions would amend the Canadian Copyright Act to ban, with few or no exceptions, software and other tools that allow copy prevention technologies to be bypassed. This would violate the Charter of Rights and Freedoms guarantee of freedom of speech, and similar guarantees in the UN Universal Declaration of Human Rights, since such tools are necessary to exercise lawful uses, including fair use, reverse engineering, computer security research and many others.

I urge you to remove these controversial and anti-freedom provisions from the CPDCI language. The DMCA is already an international debacle. Its flaws should not be imported and forced on Canadians.

Sincerely, [Your full name] [Your address]

Background:

For more information about the Canadian Copyright Act amendment process, including the proposed digital copyright measures and how Canadian citizens can become involved, see the following Web site: http://strategis.ic.gc.ca/SSG/rp01100e.html

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world: http://www.eff.org

Contact:

Will Doherty, EFF Online Activist / Media Relations wild@eff.org +1 415 436 9333 x111

Robin Gross, EFF Intellectual Property Attorney robin@eff.org +1 415 436 9333 x112

- end -


Russian Programmer & Co. Case Continued

Trial Schedule and Company Counsel Cause Delay to September 24

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, September 4, 2001

Contacts:

Cindy Cohn, EFF Legal Director cindy@eff.org +1 415-436-9333 x108

Will Doherty, EFF Online Activist / Media Relations wild@eff.org +1 415-436-9333 x111

San Jose, California - Russian programmer Dmitry Sklyarov and his employer Elcomsoft appeared briefly in court today regarding charges of providing electronic book format conversion software in the United States.

At the hearing -- described as "pretty routine" by defense attorney Joseph Burton -- the case was continued to 9:00 AM on September 24, 2001, in the same San Jose Federal court building. The case was continued so that Elcomsoft will have sufficient time to choose their legal representation and so that both prosecution and defense teams may present a joint schedule for motions and discovery in the case.

Last Thursday, the court heard a five-count grand jury indictment against Elcomsoft and previously jailed programmer Sklyarov on charges of trafficking and conspiracy to traffic in a copyright circumvention device.

Sklyarov -- who is out of custody on US $50,000 bail -- could face a prison term of up to twenty-five years and a US $2,250,000 fine. As a corporation, Elcomsoft faces a potential US $2,500,000 fine.

"Dmitry has programmed a format converter which has many legitimate uses including enabling the blind to hear eBooks," explained Cindy Cohn, Electronic Frontier Foundation Legal Director. "The idea that he faces prison for this is outrageous. The EFF will support Dmitry through the end of this ordeal."

"We were hoping that the government would see the wisdom and justice in not pursuing a case against Sklyarov," said his attorney, Joseph M. Burton of Duane Morris in San Francisco. "Even if one were to ignore the serious legal questions involving the DMCA, this case hardly cries out for criminal prosecution. Sklyarov's and Elcomsoft's actions are not conduct that Congress intended to criminalize. We will vigorously contest these charges."

The next court appearance scheduled in the case is 9:00 AM Pacific on September 24 before Judge Ronald Whyte in the San Jose Federal Court building.

Background on the Sklyarov case: http://www.eff.org/IP/DMCA/US_v_Sklyarov/

Calendar of protests related to the Sklyarov case: http://freesklyarov.org/calendar/

Sklyarov Defense Fund (not affiliated with EFF): http://www.freesklyarov.org/defensefund.html

- end -


WIPOUT Launches Counter-Essay Contest on Copyright in response to WIPO Contest

The Electronic Frontier Foundation is pleased to support this essay contest from WIPOUT.

4 September 2001

Dear Friends, Colleagues, and Fellow Activists:

WIPOUT, an international organisation consisting of academics, artists, musicians, and other activists, is today (Sept. 4) launching the Intellectual Property Counter Essay Contest on its website: http://www.wipout.net/

The multi-lingual essay contest has been organised in response to the World Intellectual Property Organisation's (WIPO's) own competition announced earlier this year. The counter contest is intended to challenge the over-protection of intellectual property (IP) which is doing much damage to education, health care, the environment, and economic security for millions around the world.

Entrants are being asked to address the same topic that WIPO has posed: WHAT DOES INTELLECTUAL PROPERTY MEAN TO YOU IN YOUR DAILY LIFE? We expect the counter contest essays to be rather more critical than those that WIPO is soliciting.

The website also has a space for shorter 'Point of View' pieces on the same topic for those who have something to say, but do not want to write an essay.

WIPOUT's contest will continue from 4 September until 15 March 2002. The winning essays will be chosen by an international panel of judges and the results announced on 26 April 2002, the same day that WIPO announces the winners of its contest. WIPOUT's prize fund currently totals 1500.00 UK pounds (approx. US$2100.00).

Unlike submissions to most essay contests, WIPOUT's essays will be immediately posted on the website and accessible to all readers, not just the judges. And although WIPOUT is hosting a 'contest', we see the competitive aspect of the contest secondary to the purpose of enabling a public and critical debate on the over-protection of IP.

More than 40 groups and individuals from 10 countries have, to date, announced their support for WIPOUT. (A complete list can be viewed at www.wipout.net) High-profile endorsers include Noam Chomsky, The Treatment Action Campaign of South Africa, the Gene Campaign of India, British barrister Michael Mansfield, and the Electronic Frontier Foundation and the Center for the Public Domain in the US.

WIPOUT sees the contest as a way of building on recent high-profile issues such as the South African anti-HIV drugs case, the growing protests against the TRIPS agreement and the WTO, the Napster saga (and increasing resentment against the high price of CDs), the arrest and charging of Dmitry Skylarov, and public concern about GM crops and the patenting of human genes and plants.

The essays can be submitted to WIPOUT in English, French, German, and Spanish. A selection of initial essays, submitted for judging purposes or for the shorter non-judged "point of view" section of the website, has already been posted on the website.

So what can you do?

First, go and check our website, www.wipout.net, and look at the contributions already posted. Then if you want to become a part of the contest and join in the campaign against the over-protection of intellectual property, you can:

1. Most obviously, write an essay or a 'Point of View' and submit it to WIPOUT. It will then be posted on our website. 2. Become an official endorser of the competition. 3. Make a contribution to our prize fund. 4. If you run a website, put a link to WIPOUT on your site (a .jpg button can be provided). We are happy to put a reciprocal link on our site. 5. If your group or organisation publishes a newsletter/magazine, mention our launch. We have a launch essay we can supply for you. 6. Download the Wipout poster and put it up in your workplace, university, school, or local shop. 7. Spread the word. Tell others who may be interested by forwarding them this email. There are a lot of people in the world who are extremely unhappy with the effects of the excessive protection of IP. Give them the chance to say what they think.

Finally, keep checking www.wipout.net in coming weeks to read the new submissions. It shows there are others who share your views and want to do something.

Background:

Details of the WIPOUT contest can be found at: http://www.wipout.net/

Details of the WIPO contest can be found at: http://www.wipo.int/pressroom/en/alert/2001/ma03rev.htm

Contact:

Our email address is: contact@wipout.net


EFF Thanks Craig's List, the Foundation Center and Actor Wil Wheaton

For Spotlighting Us on Their Sites

EFF would like to thank The Foundation Center for spotlighting us for the week, as part of their Spotlight on Nonprofits and Technology Month, on their main San Franscisco-area page at: http://fdncenter.org/sanfrancisco/ and for profiling us in detail at: http://fdncenter.org/sanfrancisco/sf_spotlight.html The Foundation Center is an organization that helps nonprofits find funding sources.

We would also like to express our gratitude to Craig's List, a popular and important San Francisco Bay Area community e-bulletin board, for highlighting us with a link on their main (left-side) navigation menu, for the month, at: http://www.craigslist.org/

Last but certainly not least a word of thanks, to actor/comedian/webmaster Wil Wheaton ("Wesley Crusher" on Star Trek: The Next Generation, among other roles such as in Stand By Me and several recent indie films) for devoting serious and attention-getting "desktop real estate" on his website to EFF's Blue Ribbon Campaign, Dmitry Sklyarov's plight, and related anti-DMCA grassroots efforts, at: http://www.wilwheaton.net/ Wil is one of the first celebrity voices to come out strongly against the DMCA.

- end -


EFF Thanks Working Assets for Their Activism

The Electronic Frontier Foundation (EFF) wishes to announce a strengthened partnership with Working Assets. Working Assets will from time to time post EFF Action Alerts to the large member base of their organization.

In fact, Working Assets's WorkingForChange.com website posted the following alert about Russian programmer Dmitry Sklyarov this past week: http://www.workingforchange.com/activism/action.cfm?itemid=11796

EFF offers Working Assets hearty thanks for their ongoing efforts and support.

[Disclaimer: EFF does not endorse the commercial products/services of Working Assets, or any other company.]

- end -


Administrivia

EFFector is published by:

The Electronic Frontier Foundation 454 Shotwell Street San Francisco CA 94110-1914 USA +1 415 436 9333 (voice) +1 415 436 9993 (fax) http://www.eff.org/

Editors: Katina Bishop, EFF Education & Offline Activism Director Stanton McCandlish, EFF Technical Director/Webmaster editors@eff.org

To Join EFF online, or make an additional donation, go to: http://www.eff.org/support/

Membership & donation queries: membership@eff.org General EFF, legal, policy or online resources queries: ask@eff.org

Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements & articles may be reproduced individually at will.

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