cayenne8 writes "During the 2000 election, some sites were set up for people across the nation to agree to swap votes, among them voteswap2000.com and votexchange2000.com. They were established mainly to benefit the third-party candidate Ralph Nader without throwing local elections to George Bush. The state of California threatened to prosecute these sites under criminal statues, and many of them shut down. On Monday the 9th Circuit Court of Appeals ruled that the vote-swap sites were legal (ruling here, PDF). The court held that '...the websites' vote-swapping mechanisms as well as the communication and vote swaps they enabled were constitutionally protected' and California's spurious threats violated the First Amendment. The 9th Circuit also said the threats violated the US Constitution's Commerce Clause.'"

GamePolitics has the full story today on the removal of California's violent games law. A judge has found it unconstitutional after a protracted legal battle. The law was originally passed back in 2005. "The bill, championed by then-Assembly Speaker Leland Yee (D) was signed into law by Republican Gov. Arnold Schwarzenegger (left) on October 7th, 2005. The video game industry filed suit to block the law 10 days later. Judge Ronald Whyte issued a preliminary injunction on December 22nd, blocking the California law from its planned effective date of January 1st, 2006. Since then, both sides have been waiting for Judge Whyte's final ruling. Today it has come." The law's sponsor Leland Yee is quite disappointed by the ruling, of course, and Governor Schwarzenegger plans to appeal the decision.

During the hours that Congress was debating codifying the Bush administration's wiretapping by revising the FISA law, the Department of Justice was raiding the home of former Justice official Thomas M. Tamm to identify the person who first brought the illicit program to light: "The agents seized Tamm's desktop computer, two of his children's laptops and a cache of personal files... the raid was related to a Justice criminal probe into who leaked details of the warrantless eavesdropping program to the news media... James X. Dempsey of the Center for Democracy and Technology said the raid was 'amazing' and shows the administration's misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the [purported surveillance] gaps."

An anonymous reader writes "Wired is reporting that the Internet Radio Equality Act is failing fast in the House, with negotiations breaking down over fair pricing for internet radio broadcasters. 'A legislative setback could make it harder to dislodge the new fees, which took effect last month after a federal appeals court refused to postpone the payment deadline. With the threat of congressional backlash fading, SoundExchange could find little incentive to budge from its current position ... SoundExchange has already proposed changes that could relieve small and custom-streaming sites from charges they could not possibly afford to pay, at least in the short term. Many expect a small-webcaster deal to be done by early September, when Congress goes back into session. But the deal on the table hasn't changed since SoundExchange extended an offer in May to charge them 10 percent of gross revenue under $250,000, or 12 percent of gross revenues over $250,000, with a revenue cap at $1.25 million.'" All very cushy for SoundExchange. Wired also points out that this is the same organization illegally lobbying for terrestrial radio royalties through 'third party' shell groups.

An anonymous reader writes "The House of Representatives voted 227-183 to update the Foreign Intelligence Surveillance Act (FISA) to allow warrantless wiretapping of telephone and electronic communications. The vote extends the FISA amendment for six months. 'The administration said the measure is needed to speed the National Security Agency's ability to intercept phone calls, e-mails and other communications involving foreign nationals "reasonably believed to be outside the United States." Civil liberties groups and many Democrats said it goes too far, possibly enabling the government to wiretap U.S. residents communicating with overseas parties without adequate oversight from courts or Congres.'"

mcgrew writes "PC world is reporting that Diebold's super-popular voting machines are coming under even more scrutiny. A security review has revealed that they are simply 'not secure enough to guarantee a trustworthy election.' This is according to a report from the University of California Berkley, who did a two-month top-to-bottom review of all California e-voting systems. That's a subject we've discussed before, but Diebold's setup is truly unsettling. An attacker with access to a single machine could disrupt or change the outcome of an entire election using viruses. From the article: 'The report warned that a paper trail of votes cast is not sufficient to guarantee the integrity of an election using the machines. "Malicious code might be able to subtly influence close elections, and it could disrupt elections by causing widespread equipment failure on election day," it said. The source-code review went on to warn that commercial antivirus scanners do not offer adequate protection for the voting machines. "They are not designed to detect virally propagating malicious code that targets voting equipment and voting software," it said.' Oddly, my state of Illinois, long known for election fraud, has paper trails (at least in my county) and according to Black Box Voting doesn't use Diebold anywhere."

njkid1 writes with an article at GameDaily that once again tackles the thorny subject of taxing virtual goods. This month Congress is going to issue its report on the subject. What's in the report isn't certain as of yet, but their decision could have an enormous impact on the future of massively multiplayer games in the United States. From the article: "Economists estimate the sale of virtual goods grosses somewhere around $30 million in the United States alone, and up to $880 million worldwide, but no one knows for sure. With this economy's growth factor averaging about 10 to 15 percent every month, it's no wonder the government wants a piece of the action. Here's the bottom line: Any service or commodity bought or sold using real-world money is taxable. Therefore, transactions where players pay real money for in-game currency or virtual items are taxable events. It doesn't matter that the items don't exist in reality, since it doesn't take much creativity to argue that the sale is attached to a service, such as the act of acquiring the currency or item. This being the case, it was never a question of WOULD the U.S. government step in with taxes, but a question of WHEN and HOW."

Panaqqa writes "Diebold must be wondering what else can go wrong. Considering their arrogance in the past, their comeuppance is truly well deserved. The State of California's source code review [PDF] of the Diebold voting system has been released. Additional reports will be made available as the Secretary of State determines that they do not inadvertently disclose security-sensitive information. One wonders what it will take to convince voting machine manufacturers not to do things like hard coding passwords as '12345678.'"

yapplejax writes "New York City is seeking funding for a multi-million dollar surveillance system modeled on the one used in London. Police in the city already make use of the network of cameras in airports, banks, department stores and corporate offices — an arrangement used in cities across the country. This new project would augment that network with a city-wide grid. 'The system has four components: license plate readers, surveillance cameras, a coordination center, and roadblocks that can swing into action when needed. The primary purpose of the system is deterrence, and then an investigative tool.' But is it necessary? Steven Swain from the London Metropolitan Police states 'I don't know of a single incident where CCTV has actually been used to spot, apprehend or detain offenders in the act.'"

Yuppie writes "A bill introduced to the House this week would overturn bans that currently exist in several states that forbid cities and towns building and deploying their own broadband networks. The big telecoms may not be be too happy about the bill, however: 'The telecoms have historically argued that municipalities that own and operate — or even build and lease — broadband networks could give themselves preferential treatment. The Act anticipates that argument with a section on "competition neutrality." Public providers would be banned from giving themselves any "regulatory preference," which should create a level playing field for all broadband providers. Municipalities interested in getting into the broadband business would also have to solicit feedback from the private sector on planned deployments.' The full text of the bill (pdf) is available from Rep. Boucher's website."

LarryBoy writes "In a speech given at the YearlyKos Convention in Chicago, FCC Commissioner Michael Copps lambasted US broadband policy, saying that the US is 'playing "Russian roulette with broadband and Internet and more traditional media."' Copps also took issue with an op-ed piece ('Broadband Baloney') by fellow commissioner Robert McDowell last week. 'In his speech, Copps didn't mention McDowell by name, but he did claim that broadband in the US is "so poor that every citizen in the country ought to be outraged." Back when then OECD said that we were number four in the world, he said, no one objected to its methodology. Copps also had fighting words for those who blame the US broadband problems on our less-dense population; Canada, Norway, and Sweden are ranked above us, but all are less dense than the US. Besides, this argument implies that broadband is absolutely super within American urban areas. Copps noted, though, that his own broadband connection in Washington, DC was "nothing compared to Seoul."'"

marcellizot writes "What would you say if I told you that there are people out there that want to make sharing your media between devices over a home network illegal? According to Jim Burger, a Washington, D.C attorney who deals with piracy in the broadcasting industry, certain broadcasters want to do just that. Speaking in a recent podcast, Burger remarked that the broadcasting industry is keen to put controls on sharing media between devices even if those devices are on a home network and even if the sharing is strictly for personal use. When pressed as to why broadcasters would want to do this, Burger replied simply 'because they want you to pay for that right.'"

WerewolfOfVulcan writes "Wired reports that researcher Neal Krawetz revealed some very interesting things about the Al-Qaeda images broadcast in the mass media. Analysis shows that they're heavily manipulated, a discussion meant to illustrate a new technique that can spot forgery in digital media. 'Krawetz was ... able to determine that the writing on the banner behind al-Zawahiri's head was added to the image afterward. In the second picture above showing the results of the error level analysis, the light clusters on the image indicate areas of the image that were added or changed. The subtitles and logos in the upper right and lower left corners ... were all added at the same time, while the banner writing was added at a different time, likely around the same time that al-Zawahiri was added, Krawetz says.'"

walterbyrd writes "Massachusetts has decided to use Microsoft's Open-XML standard. This decison: 'stands in sharp contrast to the positions taken by predecessor CIOs Peter Quinn and Louis Gutierrez, backed by then governor (and now-presidential hopeful) Mitt Romney. Both Quinn and Gutierrez insisted on including only "open standards" in the ETRM, and withstood significant pressure from Microsoft to give ground and accept OOXML...'"

1up is reporting (via MCV) that Rockstar has decided to appeal the BBFC ruling on their uber-violent Manhunt 2 title. The 'next step' is to get a hearing scheduled, which will allow the game to be demo'd and arguments given. "Rockstar Games had been given six weeks to appeal the decision, and with that opportunity about to expire, the company lodged its formal appeal yesterday ... The appeal was filed with the Video Appeals Committee, which can overturn the BBFC decision. As noted in our first article about the ban, the VAC overturned the BBFC's ban of Carmageddon back in 1997, giving Rockstar a glimmer of hope in its current situation."

The FCC has set rules for the upcoming auction of 700-MHz spectrum and they went halfway on the four open access principles that Google and others had called for. The agency said yes to "open devices" and "open applications," thus requiring the auction winner to permit consumers to use any device or application on the network. But the FCC turned down "open services" and "open networks," so the winners will not be obligated to let others buy access at wholesale prices in order to offer network services. This vote would seem to mean that Google won't bid in the spectrum auction. Ars has a more in-depth look at the outcome.

A while back we discussed the corruption investigation aimed at Alaska Sen. Ted "series of tubes" Stevens. A number of readers sent us word that the home of Sen. Stevens was raided earlier today by agents of the FBI and the IRS. The focus of the raid was a remodeling project at Stevens's home and the involvement of VECO, an oil company.

ianare writes "H.R. 3155, the Intellectual Property Enhanced Criminal Enforcement Act of 2007, has been introduced in Congress by Rep. Steve Chabot (R-OH). In most cases, the bill appears to simply double existing penalties. One big change however, is that people could now be charged with criminal copyright infringement even if such infringement has not actually taken place. Not surprisingly, the EFF has condemned the legislation."

DrNibbler writes "August 3, 2007 is the deadline for submitting comments on the proposed permit requirements for photographers in New York. Here is a sample submission."

mernil writes "New Zealand's Parliament has voted itself far-reaching powers to control satire and ridicule of MPs in Parliament, attracting a storm of media and academic criticism. The new standing orders, voted in last month, concern the use of images of Parliamentary debates, and make it a contempt of Parliament for broadcasters or anyone else to use footage of the chamber for 'satire, ridicule or denigration.' The new rules are actually more liberal than the previous ones, but the threat of felony contempt is new."