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91-423: It provides funds for legal defense in court, presents amicus curiae briefs, defends individuals and new technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts , organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms and online civil liberties, maintains

182-493: A database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use , and solicits a list of what it considers are abusive patents with intentions to defeat those that it considers are without merit . The Electronic Frontier Foundation was formed in July 1990 by John Gilmore , John Perry Barlow and Mitch Kapor in response to

273-572: A probable cause requirement. Exigent circumstances may also exist where there is a continuing danger, or where officers have a reasonable belief that people in need of assistance are present. This includes when the police are in "hot pursuit of a fleeing felon." In this circumstance, so long as there is probable cause , police may follow the suspect into a residence and seize any evidence in plain view. Certain limited searches are also allowed during an investigatory stop or incident to an arrest. These searches may be referenced as refined searches. While

364-589: A search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule . In Italy protection from search and seizure is enshrined in Article 14 of the Constitution , which states: "The home is inviolable. Home inspections, searches, or seizures shall not be admissible save in

455-556: A beginners' how-to manual by contracted technical writer Adam Gaffin, and made available for free download in many formats. MIT Press published it in paperback form in 1994 as Everybody's Guide to the Internet ( ISBN   9780262571050 ). The online edition was updated regularly throughout the 1990s and early 2000s, and translated into dozens of languages. The organization's second book, Protecting Yourself Online ( ISBN   9780062515124 ), an overview of digital civil liberties,

546-451: A brief in a case before an appellate court in which it is not a litigant . Appellate cases are normally limited to the factual record and arguments coming from the lower court case under appeal; attorneys focus on the facts and arguments most favorable to their clients. Where a case may have broader implications, amicus curiae briefs are a way to articulate those concerns, so that the possibly broad legal or public policy implications of

637-428: A court judge or magistrate prior to any search or arrest being conducted. Probable cause requires an acceptable degree of justified suspicion. Particularity requirements are spelled out in the constitution text itself. Law enforcement compliance with those requirements is scrutinized prior to the issuance of a warrant being granted or denied by an officiating judicial authority. The primary remedy in illegal search cases

728-538: A growing social crisis: Future Shock. America was entering the Information Age with neither laws nor metaphors for the appropriate protection and conveyance of information itself." Barlow felt that to confront this a formal organization would be needed; he hired Cathy Cook as press coordinator, and began to set up what would become the Electronic Frontier Foundation. The Electronic Frontier Foundation

819-427: A number of different types of legal writs to effect seizures for various reasons. For example, a writ of arrestandis bonis ne dissipentur provided for the seizure of goods when it was found likely they would not be properly cared for during a court case to settle ownership. A writ of attachiamenta bonorum allowed for the seizure of personal property to recover a debt. In relation to criminal investigations,

910-562: A paper describing it. More recently, the organization has been involved in defending Edward Felten , Jon Lech Johansen and Dmitry Sklyarov . The organization was originally located at Mitch Kapor's Kapor Enterprises offices in Boston. By the fall of 1993, the main EFF offices were consolidated into a single office in Washington DC, headed by Executive Director Jerry Berman. During this time, some of

1001-504: A replacement for DES. The EFF is a leading supporter of the Email Privacy Act . The EFF regularly brings and defends lawsuits at all levels of the US legal system in pursuit of its goals and objectives. The EFF has long taken a stance against strategic lawsuits against public participation (SLAPP) as attempts to stymie free speech and advocated for effective anti-SLAPP legislation. Many of

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1092-471: A search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy . Though specific interpretation may vary, this right can often require law enforcement to obtain

1183-503: A series of Macintosh ROMs. Barlow described the visit as "complicated by [the agent's] fairly complete unfamiliarity with computer technology. I realized right away that before I could demonstrate my innocence, I would first have to explain to him what guilt might be." Barlow felt that his experience was symptomatic of a "great paroxysm of governmental confusion during which everyone's liberties would become at risk". Barlow posted an account of this experience to The WELL online community and

1274-405: A series of actions by law enforcement agencies that led them to conclude that the authorities were gravely uninformed about emerging forms of online communication, and that there was a need for increased protection for Internet civil liberties . In April 1990, Barlow had been visited by a U.S. Federal Bureau of Investigation agent in relation to the theft and distribution of the source code for

1365-439: A set of seven specific criteria ranging from whether messages were encrypted in transit to whether or not the code had been recently audited." As of April 21, 2017, a revised version is under development. As of 2021, Charity Navigator has given the EFF an overall rating of four out of four stars, including four stars for its financial efficiency and capacity. In 2011, the EFF received $ 1 million from Google as part of

1456-401: A settlement of a class action related to privacy issues involving Google Buzz . The Electronic Privacy Information Center and seven other privacy-focused nonprofits protested that the plaintiffs' lawyers and Google had, in effect, arranged to give the majority of those funds "to organizations that are currently paid by Google to lobby for or to consult for the company". An additional $ 1 million

1547-426: A suspect that he may refuse, however this policy depends on the specific rules of the department. There are also some circumstances in which a third party who has equal control, i.e. common authority, over the property may consent to a search. Another example of unreasonable search and seizure is in the court case Mapp v. Ohio . When an individual does not possess a " reasonable expectation of privacy " that society

1638-436: Is a major section of its main website at EFF.org. The EFF sent a video message of support to global grassroots movement CryptoParty . EFF's How to Fix the Internet podcast won a 2024 Anthem Award . The EFF has developed some software and browser add-ons, including Switzerland , HTTPS Everywhere , and Privacy Badger . The EFF conducted a project named Secure Messaging Scorecard which "evaluated apps and tools based on

1729-588: Is able to exercise unlimited powers of search and seizure against private individuals. The only remedy is to seek to have whatever evidence may have been unreasonably obtained omitted from proceedings under the Evidence Act procedures. This means that in practice there is only limited protection against the use of unreasonably obtained evidence, but no protection against actual unreasonable search and seizure in New Zealand. Historically, English common law made use of

1820-545: Is designed to quickly document irregularities and instances of voter suppression as they occur on an election day. The EFF was active in the 2016 United States presidential election because of online phishing related to the controversy over fabrication of election results. J. Alex Halderman , a computer security professor at the University of Michigan , wrote an article that was published in Medium in 2016 stating he thought it

1911-415: Is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law , an amicus curiae typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In

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2002-659: Is known as the " exclusionary rule ". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial. There are some narrow exceptions to this rule. For instance, if police officers acted in good faith—perhaps pursuant to a warrant that turned out to be invalid, but that the officers had believed valid at the time of the search—evidence may be admitted. In corporate and administrative law , there has been an evolution of Supreme Court interpretation in favor of stronger government in regards to investigatory power. In Federal Trade Commission v. American Tobacco Co. ,

2093-460: Is not a talisman in whose presence the Fourth Amendment fades away and disappears." Courts have also established an " exigent circumstances " exception to the warrant requirement. "Exigent circumstances" simply means that the officers must act quickly. Typically, this is because police have a reasonable belief that evidence is in imminent danger of being removed or destroyed, but there is still

2184-414: Is not retained by and does not represent the unrepresented party as such, but has a responsibility to ensure that points of law of importance to the party's case are brought to the attention of the court. For example, in the case of a criminal trial, the amicus will have the responsibility to ensure that the accused's right to make full answer and defence is upheld. Examples of situations that could call for

2275-417: Is willing to acknowledge in a particular piece of property, any interference by the government with regard to that property is not considered a search for Fourth Amendment purposes, and a warrant is never required. For example, courts have found that a person does not possess a reasonable expectation of privacy in information transferred to a third party, such as writing on the outside of an envelope sent through

2366-678: The American Civil Liberties Union (ACLU), and eventually returned to the ACLU). Not long before EFF's move into new offices at 454 Shotwell St. in SF's Mission District, Mike Godwin departed, long-time Legal Director Shari Steele was appointed executive director, and staff attorney Cindy Cohn became the legal director. In the spring of 2006, the EFF announced the opening of an office again in Washington, D.C., with two new staff attorneys. In 2012,

2457-602: The Appellate Body who held a panel had authority to accept, consider or reject briefs under Articles 12 and 13 of the Dispute Settlement Understanding regardless of whether they were expressly solicited. The issue was re-examined in US – Lead and Bismuth II which concerned the imposition of duties by the US on certain imported hot rolled lead and bismuth carbon steel from the UK. The Panel at first instance affirmed

2548-528: The EFF DES cracker (nicknamed Deep Crack), using special purpose hardware and software and costing $ 210,000. This brought the record for breaking a message down to 56 hours on 17 July 1998 and to under 24 hours on 19 January 1999 (in conjunction with distributed.net ). The EFF published the plans and source code for the cracker. Within four years the Advanced Encryption Standard was standardized as

2639-740: The Electronic Frontier Foundation , the American Center for Law and Justice or the National Organization for the Reform of Marijuana Laws (NORML), frequently submit such briefs to advocate for or against a particular legal change or interpretation. If a decision could affect an entire industry, companies other than the litigants may wish to have their concerns heard. In the United States , federal courts often hear cases involving

2730-521: The Supreme Court ruled that the FTC, while having been granted a broad subpoena power, did not have the right to a general " fishing expedition " into the private papers, to search both relevant and irrelevant, hoping that something would come up. Justice Holmes ruled that this would go against "the spirit and the letter" of the Fourth Amendment. In the 1946 case of Oklahoma Press Pub. Co. v. Walling , there

2821-541: The United States Patent and Trademark Office . The EFF has long been an advocate of paper audit trails for voting machines and testified in support of them after the 2004 United States presidential election . Later, it funded the research of Hariprasad Vemuru who exposed vulnerabilities in a particular model. Since 2008, the EFF has operated the Our Vote Live website and database. Staffed by hotline volunteers, it

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2912-462: The amicus curiae briefs. Of the 11 briefs submitted, the Appellate Body accepted none on the basis they failed to comply with these additional procedures. Search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence

3003-677: The amicus curiae figure and the Roman juridical experience are still debated. Some scholars simply explain the Latin expression with the fact that the cultural elites' (including the jurists') language of the Anglo-Saxon world was Latin , so that many Latin legal terms first spread through English law , and then also in the Law of the United States . The Italian academic Giovanni Criscuoli, while admitting

3094-422: The constitutionality of state laws. Hence states may file briefs as amici curiae when their laws or interests are likely to be affected, as in the Supreme Court case McDonald v. Chicago , when thirty-two states under the aegis of Texas (and California independently) filed such briefs. De facto amici curiae who do not file briefs may present in the print media and social media academic perspectives on

3185-514: The " We Can Do It! " woman (often misidentified as Rosie the Riveter ) on a series of buttons on behalf of the EFF. In late June 2014 the EFF flew a GEFA-FLUG AS 105 GD/4 blimp owned by, and in conjunction with, Greenpeace over the NSA 's Bluffdale -based Utah Data Center in protest against its purported illegal spying. Amicus curiae An amicus curiae ( lit.   ' friend of

3276-537: The American courts, the amicus may be referred to as an amicus brief . In other jurisdictions, such as Canada , an amicus curiae is a lawyer who is asked by the court to provide legal submissions regarding issues that would otherwise not be aired properly, often because one or both of the parties is not represented by counsel. In international courts , legal submissions by intervenors are called amicus curiae observations . Direct or indirect connections between

3367-477: The Court, do not need to ask for leave, and have no guarantee that they will be read. The Supreme Court of the United States has special rules for amicus curiae briefs sought to be filed in cases pending before it. Supreme Court Rule 37 states, in part, such a brief should cover "relevant matter" not dealt with by the parties which "may be of considerable help". The cover of an amicus brief must identify which party

3458-489: The EFF Pioneer Awards, are awarded annually to recognize individuals who in its opinion are "leaders who are extending freedom and innovation on the electronic frontier." In 2017, the honorees were Chelsea Manning , Mike Masnick and Annie Game. The EFF Cooperative Computing Awards are a series of four awards meant "to encourage ordinary Internet users to contribute to solving huge scientific problems", to be awarded to

3549-791: The EFF and 56 other digital advocacy organizations called for internet infrastructure providers to stop policing the content of the websites they service. The organizations argued that many providers can only moderate content by revoking access to an entire website, leaving end-users with little transparency or recourse. They expressed concern that governments may pressure infrastructure providers to deny service to opponents and marginalized groups, and that monopolistic infrastructure providers may take banned users offline altogether. The coalition believes that platforms and user-facing websites are better-positioned as moderators, because they can remove specific content, sanction accounts granularly, and offer reasoning and appeals for moderation decisions. The initiative

3640-510: The EFF began a fundraising campaign for the renovation of a building located at 815 Eddy Street in San Francisco, to serve as its new headquarters. The move was completed in April 2013. On April 1, 2015, Shari Steele stepped down as executive director. Cindy Cohn became the new executive director, Corynne McSherry became the legal director, and Kurt Opsahl became the general counsel. By the mid-1990s

3731-470: The EFF was becoming seriously concerned about the refusal of the US government to license any secure encryption product for export unless it used key recovery and claims that governments could not decrypt information when protected by Data Encryption Standard (DES), continuing even after the public breaking of the code in the first of the DES Challenges . They coordinated and supported the construction of

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3822-481: The EFF's attention focused on influencing national policy , to the dislike of some of the members of the organization. In 1994, Berman parted ways with the EFF and formed the Center for Democracy and Technology , while Drew Taubman briefly took the reins as executive director. In 1995, under the auspices of Executive Director Lori Fena , after some downsizing and in an effort to regroup and refocus on their base of support,

3913-406: The U.S. Supreme Court. Muslim organizations and individuals, for example, have filed amicus briefs on both sides of recent cases dealing with divisive cultural issues, such as same-sex marriage and expansive conceptions of gender identity. In Canadian law , an amicus curiae is a lawyer, rather than an outside entity, who is asked by the Court to provide submissions in such a way as to make sure

4004-628: The United States at about that time as part of a state–federal task force called Operation Sundevil . GURPS Cyberpunk , one of the game company's projects, was mistakenly labeled as a handbook for computer crime, and the Secret Service raided the offices of Steve Jackson Games. The search warrant for the raid was deemed hastily issued, and the games company soon after claimed unauthorized access as well as tampering of their emails. While phone calls were protected by legislation, digital emails were an early concept and had not been considered to fall under

4095-433: The amount of regulation on social media were open to abuse. Also in 2019, the EFF launched the website " TOSsed out" to document cases of moderation rules being applied inconsistently. Cindy Cohn underscored their commitment to upholding free speech online, writing that "once you've turned it on, whether through pressure or threats of lawsuits, the power to silence people doesn't just go in one direction." In December 2022,

4186-427: The appointment of amicus could include a highly complex or technical trial, an unsophisticated accused or one with cognitive or psychiatric challenges, or an unruly and disruptive accused. In some cases, when an accused has retained counsel for part of the trial but then fires that counsel, and if the judge finds that amicus is needed, the former counsel may be asked to remain as amicus , given their familiarity with

4277-581: The areas relating to digital speech and the extension of the Constitution into Cyberspace." This generated further reaction and support for the ideas of Barlow and Kapor. In late June, Barlow held a series of dinners in San Francisco with major figures in the computer industry to develop a coherent response to these perceived threats. Barlow considered that: "The actions of the FBI and Secret Service were symptoms of

4368-473: The brief is supporting, or if the brief supports only affirmance or reversal. The Court also requires that all non-governmental amici identify those providing a monetary contribution to the preparation or submission of the brief. Briefs must be prepared in booklet format, and 40 copies must be served with the Court. In the United States Supreme Court, unless the amicus brief is being filed by

4459-464: The case. Canadian courts may also appoint amici in situations in which a party is represented by counsel, but issues emerge in a highly specialized or technical area of the law, on which the judge wants submissions from a lawyer with special expertise in that area. For example, in R. v. Warren, 2022 ONSC 542, the judge appointed amicus to provide detailed submissions on the intersection between constitutional rights and prison law, explaining why this

4550-500: The case. For example, if the law gives deference to a history of legislation of a certain topic, a historian may choose to evaluate the claim from their specialized expertise. Economists, statisticians, sociologists, etc. may choose to do the same. Newspaper editorials, blogs , and other opinion pieces arguably have the capability to influence Supreme Court decisions as de facto amici curiae . They are not, however, technically considered amici curiae, as they do not submit materials to

4641-499: The cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws." Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates this right into New Zealand law , stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of

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4732-515: The complainant. As a result, the Criminal Code permits the judge to order that the accused will not personally cross-examine the witness, and to name an uninvolved lawyer to conduct the cross-examination in place of the accused. The role commonly described as amicus curiae in the United States is known as an "intervener" in Canada. In Italian law , amici curiae are "nonprofit organizations and

4823-451: The court ' ; pl.   amici curiae ) is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae

4914-555: The court's anticipated decisions will not depend solely on the positions and arguments advanced by the parties directly involved in the case. In prominent cases, amici curiae are generally organizations with sizable legal budgets. In the United States, for example, non-profit legal advocacy organizations, such as the American Civil Liberties Union , the Landmark Legal Foundation , the Pacific Legal Foundation ,

5005-548: The director of the original office, and in December 1992, Jerry Berman became the acting executive director of the organization as a whole, based in a new second office. The creation of the organization was motivated by the massive search and seizure on Steve Jackson Games executed by the United States Secret Service early in 1990. Similar but officially unconnected law-enforcement raids were being conducted across

5096-475: The federal government (or one of its officers or agents) or a U.S. state, permission of the court (by means of motion for leave ) or mutual consent of the parties is generally required. Allowing an amicus curiae to present oral argument is considered "extraordinary". The court can also appoint its own amicus curiae if neither party supports the decision of the lower court, which it has done at least 44 times. Religious groups regularly file amicus briefs at

5187-405: The first individual or group who discovers a prime number with a significant record number of decimal digits. The awards are funded by an anonymous donor. The awards are: EFF publishes through several outlets such as the online periodical EFFector , as well as its websites, blogs, and on social networking services. EFF's first book was published in 1993 as The Big Dummy's Guide to the Internet ,

5278-473: The institutional subjects, bearers of collective or diffuse interests related to the issue of constitutionality" who "may submit a written opinion to the constitutional Court". The role of amicus curiae briefs in the World Trade Organization (WTO) dispute settlement system is controversial. The controversy arises due to the governmental nature of WTO disputes. As only WTO members have access to

5369-540: The interpretations of the U.S. Supreme Court are binding on all federal courts interpreting the U.S. Constitution, there is some variance in the specifics from state to state, for two reasons. First, if an issue has not been decided by the U.S. Supreme Court, then a lower court makes a ruling of "first impression" on the issue, and sometimes two different lower courts will reach different interpretations. Second, virtually all state constitutions also contain provisions regarding search and seizure. Those provisions cannot reduce

5460-464: The language of the fourth amendment that the people are to be "secure ... against unreasonable searches and seizures". For instance, the owner of the property in question may consent to the search . The consent must be voluntary, but there is no clear test to determine whether or not it is; rather, a court will consider the " totality of the circumstances " in assessing whether consent was voluntary. Police officers are not technically required to advise

5551-408: The legal issues affecting the interests of all parties are properly canvassed. Where one of the parties (e.g. the accused in a criminal case) is unrepresented (and is ineligible for or refuses to apply for legal aid ), and the judge is concerned that this will leave that party at a significant disadvantage and risk a miscarriage of justice , the judge may appoint a lawyer as amicus curiae . The lawyer

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5642-523: The mail or left for pick-up in an area where others might view it. While that does not mean that the person has no reasonable expectation of privacy in the contents of that envelope, the Court has held that one does not possess a reasonable expectation of privacy that society is willing to acknowledge in the contents of garbage left outside the curtilage of a home. There is also a lowered expectation of privacy inside of motor vehicles. However, Coolidge v. New Hampshire dictates that "the word 'automobile'

5733-494: The minimal measured requirements of the following four doctrines are likely to stand unchallenged in court. Those qualifying doctrines are reasonableness, probable cause, judicial authority, and particularity. While police judgment just before or during the course of a search or arrest usually provides the factors that determine reasonableness, matters of probable cause, judicial authority, and particularity requirements are commonly met through police procedures that are overseen by

5824-597: The most significant technology law cases have involved the EFF, including MGM Studios, Inc. v. Grokster, Ltd. , Apple v. Does , and others. The EFF represented the Internet Archive in Hachette v. Internet Archive . Following the COVID-19 pandemic , the Internet Archive introduced a digital book borrowing system which allows users to borrow digital copies of physical books the archive had in its physical location. The case

5915-461: The organization moved offices to San Francisco, California . There, it took up temporary residence at John Gilmore's Toad Hall, and soon afterward moved into the Hamm's Building at 1550 Bryant St. After Fena moved onto the EFF board of directors for a while, the organization was led briefly by Tara Lemmey , followed by Barry Steinhardt (who had come from the closely allied Technology and Liberty Program at

6006-507: The other "seizures". A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. A seizure of property occurs where there is some meaningful interference with an individual's possessory interests in that property. The general rule under the United States Constitution is that a valid warrant is required for a search. There are, however, several exceptions to this rule, based on

6097-546: The person, property, or correspondence or otherwise." While the NZBORA 1990 establishes the overall right to be free from unreasonable search and seizure the Search and Surveillance Act 2012 provides the statutory framework for the practical application of the law in this area in New Zealand. The right to protection from unreasonable search and seizure is routinely ignored by the State, which

6188-542: The place to be searched, and the persons or things to be seized. The text of the amendment is brief, and most of the law determining what constitutes an unlawful search and seizure is found in court rulings. The brief definitions of the terms "search" and "seizure" was concisely summarized in United States v. Jacobsen , which said that the Fourth Amendment: protects two types of expectations, one involving "searches",

6279-616: The police have a range of powers to search people and places without first making an arrest , often described as "stop and search". The United Kingdom has several different legal systems and the powers and procedure for stop and search varies depending on the jurisdiction: The Fourth Amendment of the United States Constitution states that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing

6370-523: The position in the US – Shrimp case and accepted two amicus curiae briefs that were submitted. On appeal, the Appellate Body relied on Article 17.9 of the Dispute Settlement Understanding and Rule 16(1) of the Working Procedures for Appellate Review to create rules to accept amicus curiae briefs. This was deemed as the source of legal authority to accept such briefs by an Appellate Body. The next significant case to deal with amicus curiae briefs

6461-416: The protections offered by the U.S. Constitution, but they can provide additional protections such that a search deemed "reasonable" under the U.S. Constitution might nonetheless be unreasonable under the law of a particular state. There are several areas of analysis that courts use to determine whether a search has encroached upon constitutional protections. Only those searches that meet with certainty each of

6552-440: The right to personal privacy. The Steve Jackson Games case was the EFF's first high-profile case, was the major rallying point around which the EFF began promoting computer- and Internet-related civil liberties. The EFF's second big case was Bernstein v. United States led by Cindy Cohn , in which programmer and professor Daniel J. Bernstein sued the government for permission to publish his encryption software, Snuffle, and

6643-584: The spring of 2018, the EFF joined the Open Technology Institute (OTI), the Center for Democracy & Technology , the ACLU Foundation of Northern California and four academics in writing The Santa Clara Principles: On Transparency and Accountability in Content Moderation . The document sets out the following guidelines for social networks. Six months later, the same organizations sought

6734-591: The support of roughly 80 others, including Article 19 , in calling for Facebook to adopt the Santa Clara Principles. This was later updated with a request for Facebook to warn users who have interacted with sock puppet law enforcement accounts. In 2019, the EFF and OTI delivered testimony about the Online Harms White Paper in the United Kingdom. They commented that several proposals to increase

6825-449: The system, any non-members such as non-governmental organizations (NGOs) are excluded and have no right to be heard. Thus the only way for them to contribute to a WTO decision is through amicus curiae briefs. To date there is a divergence in approaches in the WTO as to the admissibility of such briefs. The first WTO case to comprehensively examine the admissibility of amicus curiae briefs

6916-537: The target of Secret Service raids. This generated a large amount of publicity which led to offers of financial support from John Gilmore and Steve Wozniak . Barlow and Kapor continued to research conflicts between the government and technology and in June 1990, Barlow posted online the influential article titled "Crime & Puzzlement" in which Barlow announced his and Kapor's plans to create an organization to "raise and disburse funds for education, lobbying, and litigation in

7007-448: The theoretical possibility of eventually comparing it with the Roman figure of the " consiliarius ", concludes that: "it is a figure of exclusive Anglo-Saxon blood". Starting in the 9th century, it was incorporated into English law , and it was later extended to most common law systems. Later, it was introduced in international law , in particular concerning human rights . From there, it

7098-687: Was EC – Asbestos, where the French government banned domestically produced and imported asbestos products. Of the five amicus curiae briefs received by the Panel, only two that were submitted by the European Community, were accepted. The panel did not provide any explanation as to why they were accepted or rejected. On appeal, the Appellate Body relied on Rule 16(1) of the Working Procedures for Appellate Review to create additional procedures to deal with

7189-480: Was US – Shrimp. The case concerned a ban by the US on imports of all shrimp and shrimp products not caught with turtle excluder devices. The panel at first instance rejected the two amicus curiae briefs that were submitted by environmental groups, on the basis they were not expressly solicited by the panel under Article 13 of the Dispute Settlement Understanding of the WTO. This was overturned by

7280-530: Was a distinction made between a "figurative or constructive search" and an actual search and seizure. The court held that constructive searches are limited by the Fourth Amendment , where actual search and seizure requires a warrant based on “ probable cause ”. In the case of a constructive search where the records and papers sought are of corporate character, the court held that the Fourth Amendment does not apply, since corporations are not entitled to all

7371-401: Was advisable to have a recount on some of the election results from states like Wisconsin , Michigan , and Pennsylvania , exclusively states Hillary Clinton lost. In retaliation against Halderman, a hacker sent anti-Semitic and racist emails to students at University of Michigan signed from Halderman. The EFF publicizes these controversies and promotes the reduction of online phishing. In

7462-415: Was contacted by Mitch Kapor, who had had a similar experience. The pair agreed that there was a need to defend civil liberties on the Internet. Kapor agreed to fund any legal fees associated with such a defense and the pair contacted New York lawyers Rabinowitz, Boudin, Standard, Krinsky and Lieberman about defending several computer hackers from a Harper's magazine forum on computers and freedom who had been

7553-476: Was described by Lord Justice of Appeal Cyril Salmon in Allen v Sir Alfred McAlpine & Sons Ltd [1968] 2 QB 229 at p. 266 F-G: I had always understood that the role of an amicus curiae was to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf. The situation most often noted in the press is when an advocacy group files

7644-431: Was formally founded on July 10, 1990, by Kapor and Barlow, who very soon after elected Gilmore, Wozniak, and Stewart Brand to join them on the board of directors. Initial funding was provided by Kapor, Wozniak, and an anonymous benefactor. In 1990, Mike Godwin joined the organization as its first staff counsel. Then in 1991, Esther Dyson and Jerry Berman joined the EFF board of directors. By 1992, Cliff Figallo became

7735-765: Was integrated in some civil law systems (it has been, as at 2013, integrated into Argentina 's law system and Honduras 's 2010 civil procedures code). Today, it is used by the European Court of Human Rights , the Inter-American Commission on Human Rights , the Inter-American Court of Human Rights , the Court of Justice of the European Union and the Special Tribunal for Lebanon . The role of an amicus

7826-540: Was launched in the wake of Drop Kiwi Farms , a campaign that convinced several internet service providers and DDoS protection firms to revoke service to Kiwi Farms , a controversial forum. After the forum returned behind an open-source bot detection tool, the EFF stopped classifying DDoS protection services as infrastructure because they cannot determine whether a website stays online or not. The EFF organizes two sets of awards to promote work in accordance with its goals and objectives. The EFF Awards, until 2022 called

7917-421: Was normally outside the ken even of experienced criminal defence counsel. Another situation in which amicus may be appointed is when an accused is self-represented in a trial for offences such as sexual assault or assault in a domestic violence context. An unrepresented accused has the right to cross-examine Crown witnesses, but it may be undesirable to permit him or her to personally cross-examine, for example,

8008-577: Was obtained from Facebook in a similar settlement. The agitprop art group Psychological Industries has independently issued buttons with pop culture tropes such as the logo of the Laughing Man from the anime series Ghost in the Shell: Stand Alone Complex (with the original The Catcher in the Rye quotation replaced with the slogan of Anonymous ), a bleeding roller derby jammer , and

8099-475: Was produced in 2015 as part of EFF's 25th anniversary activities, and includes contributions from 22 writers, including Charlie Jane Anders , Paolo Bacigalupi , Lauren Beukes , David Brin , Pat Cadigan , Cory Doctorow , Neil Gaiman , Eileen Gunn , Kameron Hurley , James Patrick Kelly , Ramez Naam , Annalee Newitz , Hannu Rajaniemi , Rudy Rucker , Lewis Shiner , Bruce Sterling , and Charles Yu . The Electronic Frontier Foundation's blog , DeepLinks ,

8190-450: Was won by Hachette and the Internet Archive being forced to stop its digital book borrowing system. The Patent Busting Project is an Electronic Frontier Foundation (EFF) initiative challenging patents that the organization describes as illegitimate and suppress innovation or limit online expression. The initiative launched on April 19, 2004, and involves two phases: documenting the damage caused by these patents, and submitting challenges to

8281-443: Was written in 1998 by technical writer Robert B. Gelman and EFF Communications Director Stanton McCandlish, and published by HarperCollins . A third book, Cracking DES: Secrets of Encryption Research, Wiretap Politics & Chip Design ( ISBN   9781565925205 ), focusing on EFF's DES Cracker project, was published the same year by O'Reilly Media . A digital book, Pwning Tomorrow , an anthology of speculative fiction ,

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