EFFector Vol. 14, No. 38 Dec. 6, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
* EFF Argues Website Case Unfair
* Support EFF This Holiday Season!
* The Eleventh Annual International EFF Pioneer Awards - Call for
Nominations
* DMCA Slogan Contest - Help Protect the Intellectual Commons
* Recommended Viewing: Keep Liberty's Torch Shining
* 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!
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EFF ARGUES WEBSITE CASE UNFAIR
A DOMAIN'S HOME IS ITS LOCAL JURISDICTION, NOT IN VIRGINIA
Electronic Frontier Foundation Media Advisory
For Immediate Release: Wednesday, December 5, 2001
Richmond, VA - In a case with potential impact on many Internet
(EFF) will argue before the 4th Circuit Court of Appeals on December 6
that companies cannot use a federal law to force website owners
A large Canadian corporation called Heathmount sought the domain name
Technodome.com from a Canadian citizen, claiming a Canadian trademark
violation. Rather than sue in Canada, however, the corporation sued in
Virginia, based solely on the fact that Network Solutions, the registry
and registrar for the domain name, is located there.
"Why wasn't this lawsuit filed in Toronto, Canada, where both sides of
the dispute are located?" asked EFF Legal Director Cindy Cohn. "The
n the hope that the current domain owner could not afford to fight."
Despite the fact that the domain name holder had no relationship to
Virginia other than the registration of the domain name with Network
Solutions, the lower court ruled that a 1999 United States law called
the Anticybersquatting Consumer Protection Act allows the case to be
Heathmount has since dropped out of the case, but the U.S. government
force all website owners to defend their domain names in Virginia.
Network Solutions has also joined the case in support of the law.
"U.S. citizens would rightly protest loudly if another country adopted
Tien.
EFF cooperating attorney Eric Grimm will argue the case.
Links:
More information on Heathmount v Technodome.com case:
http://www.eff.org/Cases/Heathmount_v_Technodome.com/
About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
the most linked-to Web sites in the world:
http://www.eff.org/
Contact:
Eric Grimm, Lead Counsel, CyberBrief PLC
ericgrimm@cyberbrief.net
+1 734-332-4900
Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415-436-9333 x108
Lee Tien, EFF Senior First Amendment Attorney
tien@eff.org
+1 415-436-9333 x102
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SUPPORT EFF THIS HOLIDAY SEASON!
As the holiday season of giving approaches, we ask that you support the
Electronic Frontier Foundation (EFF) and the work that we do. EFF has
been fighting to protect rights in cyberspace for over 11 years. No
organization has our track record for effective advocacy in the online
The current legal/political climate is very difficult for civil
liberties. Indeed, many of the rights that EFF and others have fought
n preserving existing rights and in fighting new legislation that
a rational voice for individual rights continues to be heard.
You can make your donation at http://www.eff.org/support/ or you can
Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110 USA
This year, give the gift of freedom! Support EFF.
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THE ELEVENTH ANNUAL INTERNATIONAL EFF PIONEER AWARDS - CALL FOR
NOMINATIONS
expanding knowledge, freedom, efficiency, and utility. Many of today's
brightest innovators are working along the electronic frontier. To
the Pioneer Awards for deserving individuals and organizations. The
criteria and instructions below).
How to Nominate Someone
You may send as many nominations as you wish, but please use one e-mail
1. The name of the nominee;
2. The phone number or e-mail address at which the nominee can be
reached; and, most importantly;
3. Why you feel the nominee deserves the award.
You may attach supporting documentation as RTF files, Microsoft Word
Foundation's expense.
Nominee Criteria
There are no specific categories for the EFF Pioneer Awards, but the
following guidelines apply:
1. The nominees must have made a substantial contribution to the
health, growth, accessibility, or freedom of computer-based
communications.
2. The contribution may be technical, social, economic, or cultural.
3. Nominations may be of individuals, systems, or organizations in the
private or public sectors.
4. Nominations are open to all (other than EFF staff & board and this
year's award judges), and you may nominate more than one recipient.
You may nominate yourself or your organization.
5. All nominations, to be valid, must contain your reasons, however
brief, for nominating the individual or organization, along with a
means of contacting the nominee (or heirs, if posthumous), and your
own contact number. Anonymous nominations will be allowed, but we
prefer to be able to contact the nominating parties in the event
that we need further information.
The 2002 Awards
The 11th annual EFF Pioneer Awards will be presented in San Francisco,
California, in conjunction with the 12th Conference on Computers,
Freedom, and Privacy (CFP2002). All nominations will be reviewed by a
For more information please see:
http://www.eff.org/awards/pioneer.html
CFP site:
http://www.cfp.org/
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DMCA SLOGAN CONTEST - HELP PROTECT THE INTELLECTUAL COMMONS
The DMCA affects every American, indeed, every human on the planet. The
nput of our supporters in order to come up with slogans that will
DMCA and inspire us all to continue the fight for free expression.
for slogans and "soundbytes" to help us fight the DMCA. If your idea is
chosen, you will win your choice of vintage EFF T-shirts. Send your
entry to slogan@eff.org. Thanks for your help.
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RECOMMENDED VIEWING: KEEP LIBERTY'S TORCH SHINING
EFF applauds Working Assets for broadcasting the compelling online
video "Keep Liberty's Torch Shining" at:
http://www.actforchange.com/liberty5
The video describes how the government response to the events of
September 11 has spread the notion that liberty must be sacrificed in
order to achieve security through measures such as online censorship,
email surveillance, warrantless searches, secret military tribunals,
and other suspensions of constitutional rights. It asks viewers to
consider how to protect America without destroying the values we hold
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ADMINISTRIVIA
EFFector is published by:
The Electronic Frontier Foundation
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
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http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
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