Judge Orders YouTube to Give All User Histories to Viacom

Google will have to turn over every record of every video watched by YouTube users, including users' names and IP addresses, to Viacom, which is suing Google for allowing clips of its copyright videos to appear on YouTube, a judge ruled Wednesday.

Viacom wants the data to prove that infringing material is more popular than user-created videos, which could be used to increase Google's liability if it is found guilty of contributory infringement.

Viacom filed suit against Google in March 2007, seeking more than $1 billion in damages for allowing users to upload clips of Viacom's copyright material. Google argues that the law provides a safe harbor for online services so long as they comply with copyright takedown requests.

Although Google argued that turning over the data would invade its users' privacy, the judge's ruling (.pdf) described that argument as "speculative" and ordered Google to turn over the logs on a set of four tera-byte hard drives.

The judge also turned Google's own defense of its data retention policies -- that IP addresses of computers aren't personally revealing in and of themselves, against it to justify the log dump.

The Electronic Frontier Foundation has already reacted, calling the order a violation of the Video Privacy Protection act that "threatens to expose deeply private information."

The order also requires Google to turn over copies of all videos that it has taken down for any reason.

Viacom also requested YouTube's source code, the code for identifying repeat copyright infringement uploads, copies of all videos marked private, and Google's advertising database schema.

Those requests were denied in whole, except that Google will have to turn over data about how often each private video has been watched and by how many persons.

US Government Threatens Citizens: Comply With Orwellian ID Plan or Pay the Price

AP, January 12th, 2008

Millions of air travelers may find going through airport security much more complicated this spring, as the Bush administration heads toward a showdown with state governments over post-Sept. 11 rules for new driver's licenses. By May, the dispute could leave millions of people unable to use their licenses to board planes, but privacy advocates called that a hollow threat by federal officials.

Homeland Security Secretary Michael Chertoff, who was unveiling final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation.

The deadline is an effort to get states to begin phasing in the REAL ID program. Citizens born after Dec. 1, 1964, would have six years to get a new license; older Americans would have until 2017.

Chertoff said that for any state which doesn't seek such a waiver by May, residents of that state will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.

"The last thing I want to do is punish citizens of a state who would love to have a REAL ID license but can't get one," Chertoff said. "But in the end, the rule is the rule as passed by Congress."

The plan's chief critic, the American Civil Liberties Union, called Chertoff's deadline a bluff - and urged state governments to call him on it.

"Are they really prepared to shut those airports down? Which is what effectively would happen if the residents of those states are going to have to go through secondary scrutiny," said Barry Steinhardt, director of the ACLU's technology and liberty program. "This is a scare tactic."

So far, 17 states have passed legislation or resolutions objecting to the REAL ID Act's provisions, many due to concerns it will cost them too much to comply. The 17, according to the ACLU, are Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee and Washington.

Maine officials said Friday they were unsure if their own state law even allows them to ask for a waiver.

"It certainly seems to be an effort by the federal government to create compliance with REAL ID whether states have an interest in doing so or not," said Don Cookson, spokesman for the Maine secretary of state's office.

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US govt collects data on Americans overseas: Washington Post

The US government is compiling electronic files on the travel habits of millions of Americans who take trips overseas, The Washington Post reported Saturday.

Citing documents obtained by a civil liberties group and statements by unnamed government officials, the newspaper said the retained data included travel companions, persons with whom Americans plan to stay abroad, the personal items they carry during their journeys, and even the books that travelers have carried.

The personal travel records are intended to be stored for as long as 15 years as part of the Department of Homeland Security's effort to assess the security threat posed by all travelers entering the country, the report said.

Officials say the records, which are analyzed by the department's Automated Targeting System, help border officials distinguish potential terrorists from innocent people entering the country, The Post said.

But new details about the information being retained suggest that the government is monitoring the personal habits of travelers more closely than it has previously acknowledged, the report said.

The Automated Targeting System has been used to screen passengers since the mid-1990s, but the collection of data for it has been greatly expanded and automated since 2002, according to the paper.

Officials defended the retention of highly personal data on travelers not involved in or linked to any violations of the law, the report said.

But civil liberties advocates have alleged that the type of information preserved by the department raises alarms about the government's ability to intrude into the lives of ordinary people, The Post pointed out.

The millions of travelers whose records are kept by the government are generally unaware of what their records say, and the government has not created an effective mechanism for reviewing the data and correcting any errors, activists said, the paper said.

The activists alleged that the data collection effort, as carried out now, violates the Privacy Act, which bars the gathering of data related to Americans' exercise of their First Amendment rights, such as their choice of reading material or persons with whom to associate, according to the report.