 Welcome to the audio version of the Electronic Frontier Foundation's Affector newsletter. This is a pilot project to give people a new way to learn about digital rights and offer more accessibility to our newsletter. This is the audio version of Affector Volume 32, Issue 28, published on December 10, 2020 and titled, Section 230 is Good Actually. The editor of this issue is Activism Project Manager Lindsay Oliver and is read by me, Member Outreach Assistant Christian Romero. Affector is a semi-weekly newsletter on digital rights issues. Inside EFF summarizes and links to updates, announcements, blog posts, and news stories to help keep readers on the bleeding edge of their digital rights. Remember that each of the following items has a link to a more detailed description that you can find in the online version of Affector. Let's start with some top features. Section 230 is good, actually. There are many many misconceptions as well as misinformation from Congress and elsewhere about Section 230, from who it affects and what it protects, to what results a repeal would have. To help explain what's actually at stake when we talk about Section 230, we've put together responses from several common misunderstandings of the law. Publisher or platform? It doesn't matter. Quote, you have to choose, are you a publisher or a platform? End quote. We'll say it plainly here. There's no legal significance to labeling an online service as a platform as opposed to a publisher, nor does the law treat online services differently based on their ideological neutrality or lack thereof. Section 230 explicitly grants immunity to all intermediaries, both the neutral and the proudly biased. It treats them exactly the same and does so on purpose. This is a feature of Section 230, not a bug. It's not Section 230 President Trump hates, it's the First Amendment. Our free speech online is too important to be held as collateral in a routine funding bill. Congress must reject President Trump's misguided campaign against Section 230. Next up, we've got some EFF updates. Tell Congress not to bankrupt internet users. We are at a critical juncture in the world of copyright claims. The Copyright Alternative and Small Claims Enforcement Act, the Case Act, is apparently being considered for inclusion in next week's spending bill. This is must pass legislation. In other words, legislation that is vital to the function of our government and everything attached to it related to spending or not has a good chance of becoming law. The Case Act could mean internet users face $30,000 penalties for sharing a meme or making a video. It has no place in must pass legislation. Introducing How to Fix the Internet, a new podcast from EFF. EFF recently launched How to Fix the Internet, a new podcast miniseries examining potential solutions to the ills facing the modern digital landscape. Over the course of six episodes, we'll consider how current tech policy isn't working well for users and invite experts to join us in imagining a better future. Hosted by EFF's Executive Director Cindy Cohen and our Director of Strategy, Danny O'Brien, How to Fix the Internet digs into the gritty technical details and the case law surrounding these digital rights topics, while charting a course toward how we can better defend the rights of users. Law enforcement purchasing commercially available geolocation data is unconstitutional. Many of the smartphone apps people use every day are collecting data on their users, and in order to make money, many of these apps sell that information. One of the customers for this data is the US government, which regularly purchases commercially available geolocation data. This includes the Department of Defense, CBP, ICE, the IRS, and the Secret Service. While it violates the First and Fourth Amendments of the US Constitution for the government to purchase commercially available geolocation data, it would otherwise have to get a warrant to acquire. Senators Express Privacy Concerns Over Proctoring Apps Last week, five senators joined the chorus of privacy advocates, students, and teachers expressing concern over surveillance proctoring apps, which are used to watch students remotely during exams. EFF agrees that these apps pose a serious danger to students' privacy. Surveillance shouldn't be a prerequisite for an education. GitHub reinstates YouTube DL after RIAA is abuse of the DMCA. The recent removal of YouTube DL's source code by GitHub caused an outcry. After receiving EFF's letter explaining that it does not infringe or encourage the infringement of any copyrighted works, GitHub has reversed course. GitHub had taken down the repository last month after the Recording Industry Association of America, the RIAA, abused the Digital Millennium Copyright Act's notice and takedown procedure to pressure GitHub to remove it. Let's stand up for home hacking and repair. Every three years, the Copyright Office holds a rulemaking process where it grants the public permission to bypass digital locks for lawful purposes. We need your input to make the best case possible. If you use a device with onboard software and DRM keeps you from repairing your device or modifying the software to suit your purposes, we want you to tell us your story. Video Analytics user manuals are a guide to dystopia. The term video analytics seems boring, but don't confuse it with how many views you got on your YouTube to poach an egg tutorial. In a law enforcement or private security context, video analytics refers to using machine learning, artificial intelligence, and computer vision to automate ubiquitous surveillance. Hair color, accessories, and clothing are all automatic identifiers for these disturbing video analytics tools. Next up, we've got some announcements. EFF 30 fireside chat, Section 230 in free speech online. For our 30th anniversary, EFF has recorded our second EFF 30 fireside chat. We explored Section 230, why it's under fire, and the future of free speech on the internet. Check out the live Q&A with EFF legal director Corinne McSherry and Oregon Senator Ron Wyden by watching the stream at youtube.com slash EFF org. A celebration of our resilient spirit, an evening by Ethics and Technology. This event's happening on December 10th, 2020 at 6 p.m. Pacific time. Ethics and Tech will host a special event to interview strong women leaders in our community. We cordially invite you to join us for an evening of celebration, information, and reflection followed by laughter and love thanks to our guest comedians. Hate not found, the deforming of far right and its consequences. Happening on December 11th, 2020 at 5 a.m. Pacific time, how do restrictions and access to social media platforms affect media behavior and the power of mobilization of far right hate groups. EFF's director for international freedom of expression, Gillian C York, will join this event led by Germany's Institute for Democracy and Civil Society. Cypers end of the year cybersecurity game show spectacular. Happening on December 19th, 2020 from 11 a.m. to 12 p.m. Pacific time. If there has ever been an argument for holistic security or how cyber defense is related to our physical and emotional defense, 2020 really found a way to bring together pathos from multiple locations and serve it to us all on a single platter. Join Cyper as they are joined by EFF's grassroots advocacy organizer Rory Mir to review some of the bigger tech stories of the past year and what we can hope for cybersecurity wise in the new year. Lastly, we have some mini links for you. HP ends free ink for life subscription plan. When HP unilaterally withdrew its free ink for life plan for its rental ink customers, they demonstrated the dangers of devices that can be updated by the manufacturer in ways that owners can't override. Public interest groups take aim at Pasco Sheriff's data-driven policing programs. Civil liberties groups, including EFF, have taken a stand against a program being used by the Pasco County Sheriff's Department that uses data to justify harassing people in hopes of preventing future crimes. Police in Jackson, Mississippi want access to live home security video alarming privacy advocates. We've long feared that network home surveillance cameras would one day become a massive CCTV network. One pilot program in Jackson, Mississippi is bringing our fears to life. TechDirt Podcast, a more competitive web with Corey Doctorow and Daphine Keller. Tune in to this week's TechDirt podcast to hear Mike Masnick, Daphine Keller, and our own Corey Doctorow talking about fighting tech monopolies with interoperability. And that's it. Thanks for listening. Remember the items in this newsletter are links, and this is only a short summary. Please subscribe to Effector at EFF.org slash Effector for the full stories. You can also visit EFF.org slash deep links for the latest EFF blog posts, press releases, events, and announcements. Lastly, EFF is a member-supported organization. We've been defending free speech online, fighting illegal surveillance, promoting the rights of digital innovators, and working to ensure that the rights and freedoms we enjoy are enhanced rather than eroded as our use of technology grows. This year is EFF's 30th anniversary, and we need your support more than ever. Help us reach our 30th anniversary goal of 30,000 donors by visiting EFF.org slash Effect, that's EFF.org slash EFF ECT, and sign up as a member today. You can become a member for only $25. Thanks for listening.