Paul Hardwick: Law
New laws and the legal issues surroinding them.

• Canadian Gov't Grants Olympics Ownership of Winter.
  Canadian Gov't Grants Olympics Ownership of Winter. An anonymous reader writes  "Michael Geist reports that the Canadian government has introduced new legislation that grants Vancouver Olympic organizers broad powers to police the use of any commercial use of the words associated with the Olympics. These incredibly include 'winter, Vancouver, and games.' As Geist notes, the government 'has no time to deal with spam, spyware, privacy, or net neutrality, but commits to legislation on behalf of the organizers of a sporting event?'"  [Slashdot: Your Rights Online]
• Justice Department takes aim at image-sharing sites | CNET News.com
  

    The Bush administration has accelerated its Internet surveillance push by proposing that Web sites must keep records of who uploads photographs or videos in case police determine the content is illegal and choose to investigate, CNET News.com has learned. 

  That proposal surfaced Wednesday in a private meeting during which U.S. Department of Justice officials, including Assistant Attorney General Rachel Brand, tried to convince industry representatives such as AOL and Comcast that data retention would be valuable in investigating terrorism, child pornography and other crimes. The discussions were described to News.com by several people who attended the meeting.
  

  A second purpose of the meeting in Washington, D.C., according to the sources, was to ask Internet service providers how much it would cost to record details on their subscribers for two years. At the very least, the companies would be required to keep logs for police of which customer is assigned a specific Internet address.

  Only universities and libraries would be excluded, one participant said. "There's a PR concern with including the libraries, so we're not going to include them," the participant quoted the Justice Department as saying. "We know we're going to get a pushback, so we're not going to do that."

  Attorney General Alberto Gonzales has been lobbying Congress for mandatory data retention, calling it a "national problem that requires federal legislation." Gonzales has convened earlier private meetings to pressure industry representatives. And last month, Republicans introduced a mandatory data retention bill in the U.S. House of Representatives that would let the attorney general dictate what must be stored and for how long.

• DoJ Mulls Tracking Picture Uploads.
  DoJ Mulls Tracking Picture Uploads.  Dominus Suus passed us a link to a C|Net article about a disturbing threat to privacy from the Justice Department. According to the article, a private meeting was held Wednesday between Justice officials and telecom industry representatives. With individuals from companies such as AOL and Comcast looking on, the officials continued overtures to increase data retention by ISPs on American citizens. This week, they were specifically looking to have records kept of photo uploads. In this way, and 'in case police determine the content is illegal and choose to investigate,' an easy trail from A to Z will be available. The article provides a good deal of background on the Bush Administration's history with data retention, with ties to events even older than the Bush presidency.  --- "The Justice Department's request for information about compliance costs echoes a decade-ago debate over wiretapping digital telephones, which led to the 1994 Communications Assistance for Law Enforcement Act. To reduce opposition by telephone companies, Congress set aside $500 million for reimbursement and the legislation easily cleared both chambers by voice votes. Once Internet providers come up with specific figures, privacy advocates worry, Congress will offer to write a generous check to cover all compliance costs and the process will repeat itself." [Slashdot: Your Rights Online]
• Homeland Security offers details on Real ID | CNET News.com
  Hundreds of millions of Americans will have until 2013 to be outfitted with new digital ID cards, the Bush administration said on Thursday in a long-awaited announcement that reveals details of how the new identification plan will work. 

  The announcement by the U.S. Department of Homeland Security offers a five-year extension to the deadline for states to issue the ID cards, and proposes creating the equivalent of a national database that would include details on all 240 million licensed drivers.

  According to the draft regulations (PDF), which were required by Congress in the 2005 Real ID Act and are unlikely to assuage privacy and cost concerns raised by state legislatures:

  âo¢ The Real ID cards must include all drivers' home addresses and other personal information printed on the front and in a two-dimensional barcode on the back. The barcode will not be encrypted because of "operational complexity," which means that businesses like bars and banks that require ID would be capable of scanning and recording customers' home addresses.

  âo¢ A radio frequency identification (RFID) tag is under consideration. Homeland Security is asking for input on how the licenses could incorporate "RFID-enabled vicinity chip technology, in addition to" the two-dimensional barcode requirement.

• Homeland Security Offers Details on Real ID.
  Homeland Security Offers Details on Real ID. pr0nqu33n writes  "C|Net is running an article on the DHS's requirements for the Real ID system. Thursday members of the Bush administration finally unveiled details of the anticipated national identification program. Millions of Americans will have until 2013 to register for the system, which will (some would argue) constitute a national ID. RFID trackers for the cards are under consideration, as is a cohesive nation-wide design for the card. States must submit a proposal for how they'll adopt the system by early October of this year. If they don't, come May of next year their residents will see their licenses unable to gain them access to federal buildings and airplanes. The full regulations for the system are available online in PDF format. Likewise, the DHS has a Questions and Answers style FAQ available to explain the program to the curious." [Slashdot: Your Rights Online]
• RIAA's 'Expert' Witness Testimony Now Online.
  RIAA's 'Expert' Witness Testimony Now Online.  NewYorkCountryLawyer writes  "The online community now has an opportunity to see the fruits of its labor. Back in December, the Slashdot ('What Questions Would You Ask an RIAA Expert?') and Groklaw ('Another Lawyer Would Like to Pick Yo