Tag Archives: Cindy Cohn

Friday Feb 17 – 5:30-8 pm – Join EFF and the Internet Archive for an “Apple Pie Potluck and Constitutional Law Teach-In”

A set of nine blank, white picket placards attached to wooden stakes on an isolated background

Apple Pie Potluck and Constitutional Law Teach-In — Friday Feb 17th 5:30-9PM

EFF and other lawyers will lead a conversation about the current issues and threats in constitutional law. Focusing on specific sections and amendments we will talk about current cases on censorship, surveillance, search and seizure, and more.

Workshops on using encryption tools and maybe musical performances will accompany.
If you want to present, perform, or have other ideas, please email us.

When: Friday, February 17th 5:30pm-9pm (program 6-8)
Where: Internet Archive
300 Funston Ave. SF, CA 94118
Potluck-style: Please bring apple pie or other food
Reserve your free ticket here
Streamed via Facebook Live
Donations welcome

Lawyers Attending:

  • Cindy Cohn – Executive Director of EFF
  • Corynne McSherry – Legal Director of EFF
  • Stephanie Lacambra – Staff Attorney at EFF
  • Victoria Baranetsky – First Look Media Technology Legal Fellow for the Reporter’s Committee for Freedom of the Press
  • Geoff King – Lecturer at UC Berkeley, and Non-Residential Fellow at Stanford Center for Internet and Society
  • Bill Fernholz – Lecturer In Residence at Berkeley Law

For those who cannot attend in person, we will stream the event on Facebook Live, so make sure you’re following us on Facebook.

Cindy Cohn at Aaron Swartz Day 2015


Download mp4       Hi-res files of entire event
CC0

Note: I’m including a full transcription at the bottom of this post. (Thanks to OpenTranscripts.org for their transcriptions of these talks.)

Quotes from Cindy’s Talk:

The Internet is going to be the means by which we do all the rest of the change that we need to do so badly in this world. And that I think there’s enough people now that we really have a movement, and we need to start thinking of ourselves as a movement, and we have to figure out what our next steps are…

Sitting here and listening to all the presentations tonight, seeing the amazing activity out there, seeing the tentacles of what Aaron was a part of in the early days, and in some ways the heart of, in the early days, become a movement. You guys, you’re a movement and thank you so much for doing this. So let’s figure out what our next fights are together and our work is together…

I think if people who want to honor Aaron Swartz do one thing with regard to Congress and then go back to coding, the one thing you should do is say “That law goes no further. It doesn’t get any worse and it doesn’t take any lives.”…

There is some good news in the state of California. We just passed, and we got Governor Brown to sign, a law called CalECPA, which requires the cops, the California state cops, to get a warrant before they go after your information stored with service providers…

It’s time for the legislature and the FBI to get over it. Crypto is here to stay, and all of the tools that we’ve talked about here tonight depend on the ability for people to have strong unbreakable crypto, and we need to stand up for it again. Watch the EFF web site. We’re going to keep talking about this, and you’ll see some causes…

I think we need to send a strong message to the White House that President Obama needs to come out and take a strong stand on crypto, not just say “we’re not going to come after crypto right now, but we may do something later” but to say, “No. Hell no. Americans deserve to have locks on their doors that don’t have backdoor entries for law enforcement.”…

And while the folks in Washington DC like to just wave their hands and say, “You geeks sort it out. Find a way to have a backdoor that only good guys can go in and bad guys can’t,” those of us who know about technology, and more importantly those of us who know about math, know that this is impossible…

I’m so happy to see so many projects being celebrated here that were created or inspired or legally defended by EFF. We’re going to continue to be the support for this community. One of the things that John Perry Barlow taught me years ago is that your rights aren’t given to you, your rights have to be taken. And we’re here today to continue to take our rights.

*** Complete Transcription Below***

Thanks so much for inviting me. When I took over as Executive Director of the EFF in April [2015], many people asked me, “Well, what do you want to do? How do you want to be different than your predecessor, the amazing Shari Steele” who has her own little statue. She’s the only non-Archive person who has a statue in the Archive, and Brewster did that to honor her and the work that we’ve done together.

What I said was, you know I think that there are enough people who care about the Internet, who understand, as my friend Cory Doctorow said, that whatever other issue draws you, if the Internet isn’t free this is the place. The Internet is going to be the means by which we do all the rest of the change that we need to do so badly in this world. And that I think there’s enough people now that we really have a movement, and we need to start thinking of ourselves as a movement, and we have to figure out what our next steps are.

And I have to say, sitting here and listening to all the presentations tonight, seeing the amazing activity out there, seeing the tentacles of what Aaron was a part of in the early days, and in some ways the heart of, in the early days, become a movement. You guys, you’re a movement and thank you so much for doing this. So let’s figure out what our next fights are together and our work is together. But, this has just been very exciting to see, and to see the growth. And, ya know, we lost our dear friend as a result of some really horrible laws and some really horrible policies, but seeing the green shoots that’ve grown as a result of this just does my heart good.

Lisa wanted me to talk a little about CISA, the cybersecurity act. I think that at this point the best thing that this community can do about CISA is first of all continue to talk about how rotten it is, because it’s a really rotten idea. We have a terrible cybersecurity problem. This is the a cybersecurity act that was recently passed out of the Senate.

We have a terrible problem with security on the Internet, as Brewster pointed out, and Congress just passed a bill that doesn’t make anything better and makes several things significantly worse, in the fine tradition of our Congress.

I don’t know that there’s too much we can do in terms of public activism on the bill right now, realistically, because it’s in a conference committee time, which isn’t the time when there are very many members of Congress who are going to pay attention to it. There’s one thing, though, that we have to keep watching on and that you’ll hear EFF and others rally the troops on, and that is the effort to try to put some horrible changes to the Computer Fraud and Abuse Act into this bill. We expect it’s going to come up again, and when it does you’ll hear the rallying cry. And I think if people who want to honor Aaron Swartz do one thing with regard to Congress and then go back to coding, the one thing you should do is say “That law goes no further. It doesn’t get any worse and it doesn’t take any lives.”

We have a couple other policy opportunities that I thought I’d mention to you guys. We just got a really amazing ruling out of the European Court of Justice in the last couple weeks that really points out what a global problem the NSA’s overreach and the surveillance overreach is. It’s got some complicated stuff having to do with the safe harbors and how American companies get to process information related to people all around the world. But the important part for us is to keep a close eye on what happens next, because the old rules have been crossed out and the American companies and the European regulators and the American government are in an intense negotiation about what happens next.

So we’ve got an inflection point opportunity here and we ought to be talking about this European Court of Justice opinion and what it means, because what the European Court of Justice said is the NSA surveillance is not appropriate. For the legal geeks, this is surveillance under Section 702 of the FISA Act and Executive Order 12333. What that means is the American government’s view that it can spy on the rest of the world with impunity, that it can do mass spying of people around the world who are not suspected of any crimes, who aren’t targets, who aren’t foreign spies, is unacceptable under European law. It’s a really excellent decision. You guys should all thank Max Schrems, who brought that case.

And there’s a moment now, for the next few months, and I think to the extent that you guys are blogging, writing, tweeting, you should be paying attention to this because we’ve the American companies are really scared. They want to be able to continue to serve Europe, and we need to give them a backbone to say “enough with the surveillance. It’s hurting our business.” And if we could have that argument plus “it’s actually just plain wrong.” We might be able to get somewhere. So please, if you’re watching the policy debates, that’s something to watch.

There is some good news in the state of California. We just passed, and we got Governor Brown to sign, a law called CalECPA, which requires the cops, the California state cops, to get a warrant before they go after your information stored with service providers. This is completely consistent with the values— it’s California taking the lead in a place where frankly the U.S. Congress is unwilling to go, and we’re hoping to spread this across the country. So, for people who are not Californians this is a law to look at if you want to do something locally and try to match or even do one better than California did with that. So we’ve got some good news as well.

And of course one of the other things that we’re going to have to keep an eye on in the policy things is the cryptowars are back. Now, I had the honor of being deeply involved in getting crypto free from government regulation when we did it the first time in the 90s and frankly I’d like to do something else now. So it’s time for the legislature and the FBI to get over it. Crypto is here to stay, and all of the tools that we’ve talked about here tonight depend on the ability for people to have strong unbreakable crypto, and we need to stand up for it again. Watch the EFF web site. We’re going to keep talking about this, and you’ll see some causes.

We just got 100,000 people to sign our savecrypto.org petition, which is going to go to the President now, and the President has to respond to it. It’s not too late, though. If people want to still sign it, I think it’s still available to sign. I think we need to send a strong message to the White House that President Obama needs to come out and take a strong stand on crypto, not just say “we’re not going to come after crypto right now, but we may do something later” but to say, “No. Hell no. Americans deserve to have locks on their doors that don’t have backdoor entries for law enforcement.”

And while the folks in Washington DC like to just wave their hands and say, “You geeks sort it out. Find a way to have a backdoor that only good guys can go in and bad guys can’t,” those of us who know about technology, and more importantly those of us who know about math, know that this is impossible. So we need to make sure that that message starts here from the West Coast and makes it all the way to the East Coast. I hear they know about math out there, too, so it shouldn’t be that hard to explain it. But I think we’re going to have to continue to do some explaining.

So that’s just a quick update of what we’re doing at EFF. I’m so happy to see so many projects being celebrated here that were created or inspired or legally defended by EFF. We’re going to continue to be the support for this community. One of the things that John Perry Barlow taught me years ago is that your rights aren’t given to you, your rights have to be taken. And we’re here today to continue to take our rights.

Thanks.

Friends of Aaron Video From Aaron Swartz Day 2015 – Video and Full Transcription

Complete Transcription of the Friends of Aaron movie, including: Cory Doctorow, Brewster Kahle, Cindy Cohn and Virgil Griffith.

From the November 7, 2015 evening event at the Internet Archive, in San Francisco, before the speakers.

“Hi, I’m Cory Doctorow. Welcome to the third annual Aaron Swartz Day and International Hackathon.”

Now a Few Words from a Few Friends of Aaron’s

Cory Doctorow
Blogger, BoingBoing, Science Fiction Author,                                              Little Brother/Homeland
Special Advisor, Electronic Frontier Foundation

You know. I knew Aaron for a really long time. And when we first met, people who cared about the Internet were a bit weird. It was as though we were really interested in something trivial and futuristic and speculative, while all around us raged really important battles about more significant issues. Issues about climate change. Issues about financial fairness. Issues about privacy. Issues about race and gender.

And what we’ve found in the years since then is that those other issues have gotten even more urgent, but more and more people have come to realize that the Internet is the fight that will determine how all those other fights go on. Because the Internet is the battlefield on which all those fights will be fought.

And so it’s really crucial that we win the Internet. Not because the Internet is more important than everything else, but because it’s the most foundational thing.

I hope you have a great day at the International Hackathon.

Brewster Kahle
Founder and Digital Librarian
Internet Archive

Aaron Swartz lives in many many ways. Aaron Swartz’ ideas have been carried forward by many others, and in fact, tragically, by his persecution, prosecution, and death, has come to be widely known to others.

The idea of public access to the public domain. That we can live open source lives freely, and that it’s desirable, and you meet new and interesting people.

And the lesson of Aaron Swartz has not been forgotten by the institutions that participated in having him crushed, and has led to reforms, top and bottom, of those organizations, to not have that ever happen again. So, public access, public domain, living open source lives, should be encouraged for the next generation, and made safe by the institutions that are too slowly learning their lessons.

Cindy Cohn
Executive Director
Electronic Frontier Foundation

Aaron has left us all such a legacy of caring about the politics around technology and not just caring, but getting involved. And whether you’re getting involved as a technologist or an activist you can have no better loadstar than Aaron. I have watched as he’s inspired people all over the world.

We haven’t had success in building things in DC, to help fix things. Aaron’s law has gotten stalled. However, we’ve been able to stop the bad. There have been several attempts, and there’s one right now, in the Cybersecurity to continue on the horrible pathway of making the Computer Fraud and Abuse Act worse and worse and worse. And, we stopped it cold, shortly after Aaron died. We’ve gotten it dramatically changed this time, and I think we’re gonna stop it cold again. So, while we haven’t yet been able to make good out of what happened to Aaron, we’ve been able to stop some bad. I’m not done yet. It’s still early days. But, I still run into people all the time who tell me that learning about Aaron was the moment. Their “wake up” moment. When they decided, “I care about technology too, and I want to get involved.” And that’s awesome!

Virgil Griffith
Technologist d’Avant-Garde
Tor2Web, WikiScanner

So after Aaron Swartz’ death, there was a rash of suicides at Cal Tech, where I was at school. (Unrelated!) And they had a little suicide thing. And I gave a little talk there, and I’ve been thinking about it recently. And I remember what I told them. I said “even when you feel like crap. You’re like ‘I can’t do anything.’ ‘I’m no good.’ ‘I spend like four days out of the week sleeping.’ ‘I’m only productive one day a week, tops.’ I would say, “even that one day a week, is more valuable than you would ever realize.”

I used Aaron as an explicit example. Even though Aaron was not even near (pauses). He was definitely not thriving. He was in surviving, not thriving mode. But still, even him in surviving mode was like amazing. You know. But I think he just couldn’t see it.

And I feel like Aaron was making this mistake as well. Okay so, Aaron would kind of flip between being egotistical and being very self deprecating. So, internally, he though of himself very highly, but outwardly he’d be very self deprecating. I felt like just in general, he did not appreciate, like, his own importance and the things he could do. Even if Aaron was active one day a week. Well that’s awesome. A one day a week Aaron, I’ll take it. I’ll totally take it. Ya know. And I think he would have really had difficulty, seeing that, as useful to the world. He’d be like “oh I’m so unproductive. I’m so ungood. Blah blah blah blah. No no no. One day a week’s great.

Brewster Kahle (ending comments):

Aaron Swartz has inspired hackathons, yearly gatherings of people remembering and moving forward some of the ideas of SecureDrop, of going and building public access to journal literature, to basically building a public sphere that may not be tied to institutions, certainly not tied to business plans, but tied to an inspiring vision, of information access and living open source lives. Aaron Swartz lives on in many many ways.

Video and Transcripts From Aaron Swartz Day 2015

Please donate to my Kickstarter for “From DeadDrop to SecureDrop” – Thanks!!

Index of Speakers and Direct Links to Video and Transcriptions

Giovanni Damiola (Open Library Project)
YouTubeVideo – Transcript

Garrett Robinson (Lead Programmer, SecureDrop)
YouTubeVideoTranscript

Alison Macrina (Founder and Director, Library Freedom Project)
YouTubeVideoTranscript

Brewster Kahle (Digital Librarian, Internet Archive)
YouTubeVideoTranscript

Cindy Cohn (Executive Director, Electronic Frontier Foundation)
YouTubeVideoTranscript

Jacob Appelbaum (Security Expert seen in Citizen Four, Wikileaks volunteer) (Appearing remotely via Jitsi)
YouTubeVideoTranscript Internet Archive Video & Download

Roger Dingledine (Interim Executive Director, Tor Project)
YouTubeVideoTranscript

Micah Lee (Co-founder, Freedom of the Press Foundation and Technologist at “The Intercept”)
YouTubeVideo – Transcript Internet Archive Video & Download

A Special Statement from Chelsea Manning: “The Human Element”
(Read by Lisa Rein)
YouTubeVideoTranscript – Link to Chelsea’s Statement

 

Tonight! See Cindy Cohn in Los Angeles: “A Report Back From the Legal Front Line”

October 28, 2015 – 7:00pm to 9:00pm
First Unitarian Church of Los Angeles
2936 West Eighth Street
Los Angeles, CA 90005

 

EFF

Mass Surveillance: A Report Back From the Legal Front Line

First Unitarian Church of Los Angeles will host a discussion featuring Cindy Cohn, EFF’s Executive Director. A leading voice in the legal struggle to defend digital rights, Cindy has worked on First Amendment and privacy cases since 1993, when she served as the outside lead attorney in a successful First Amendment challenge to U.S. export restrictions on cryptography. She currently represents First Unitarian Church in its lawsuit challenging mass NSA surveillance, an issue she will address earlier that afternoon at oral argument in Jewel v NSA, a preceding case raising similar arguments.

Join us at First Unitarian Church of Los Angeles (2936 West Eighth Street) to learn more about mass surveillance, the struggle to defend your rights, and how you can help build the movement wherever you live.

Please RSVP to help us plan accordingly:
https://supporters.eff.org/civicrm/event/register?id=103

Cindy Cohn, Legal Director and General Counsel for the EFF. Photographed by Erich Valo.
Cindy Cohn, Legal Director and General Counsel for the EFF. Photographed by Erich Valo.

 

Cindy Cohn will be speaking at this year’s Aaron Swartz Day Evening Celebration, November 7th, 7:30 pm, at the Internet Archive, in San Francisco. (Reception 6pm)