The Electronic Fontier Foundation (EFF) is an organization you may not have heard of, but one that you should definitely get to know if you use any electronic methods of communication. Providing services and information regarding your freedom of speech on electronic media, the EFF has become quite well known in the past couple of years as a staunch defender of free speech and an outspoken advocate for the people.
Founded in 1990 as the “first line of defense” when rights come under attack in the “networked world,” The EFF has been behind many high profile First Amendment lawsuits in the last decade. Here are two from the last year about which you’ve probably heard:
Class Action Lawsuit Against AT&T: Filed January 2006
When news reports revealed that American’s phone and internet usage was being tracked, the EFF stepped in to protect privacies guaranteed by both Congress and the Constitution. AT&T had cooperated with the data-mining and wire-tapping put into place by the NSA and approved by the president, collecting confidential customer information and providing it to the NSA. AT&T and the U.S. Government both moved to dismiss the case, but the court denied their respective arguments that they were just doing as they were told and through the course of the case “state secrets” might be revealed. The case is currently on appeal before the ninth circuit court.
MoveOn, Brave New Films v. Viacom: Filed March 2007
When Brave New Films and MoveOn.org uploaded a video to You Tube called “Stop the Falsiness” on You Tube Viacom claimed that the video infringed on its copyrights. The video, a satire of MoveOn’s own serious attitude and The Colbert Report’s Stephen Colbert, uses clips from the show and original interviews to poke fun at Colbert’s portrayal of the right-wing media. The lawsuit, still in its early stages, calls upon the courts to protect the free speech of both MoveOn and Brave New Films, contending that the allegations are a misunse of the DCMA (Digital Millenium Copyright Act).
Whether you are using your blog as a personal diary or a way to gain traffic for your corporation, there is always a chance that someone could attack you legally for something you post. Or even a comment posted by someone else. Whether you’ve never even considered the legal implications of your posts or if you’re curious about what the law has to say but aren’t sure how to find out, it is your responsibility to be an informed blogger. Know your rights.
Take an hour or so today and carefully read the EFF’s Legal Guide for Bloggers. Maybe you think your blog is too small to matter, but it’s better to be safe and know your rights than to be sorry and allow yourself to be walked all over some point in the future.
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