総合通信基盤局電気通信事業部基盤整備促進課 非常勤職員採用情報

総合通信基盤局総合通信基盤局総務課 非常勤職員採用情報

情報流通行政局衛星・地域放送課 非常勤職員採用情報

情報流通行政局情報通信政策課 非常勤職員採用情報

国際戦略局国際戦略課職員係 非常勤職員採用情報

The rights we have in the offline world–to speak freely, create culture, play games, build new things and do business–must be available to us online, as well. This core belief drives EFF’s work to fight the misuse of the patent system. 

Despite significant progress we’ve made over the last decade, patents, and in particular vague software patents, remain a serious threat to online rights. The median patent lawsuit isn't filed by what Americans would recognize as an ‘inventor,’ but by an anonymous limited liability company that provides no products or services, and instead uses patents to threaten others over alleged infringement. In other words, a patent troll. In the tech sector, more than 85% of patent lawsuits are filed by these “non-practicing entities.” 

That’s why at EFF, we continue to  help individuals and organizations fight patent threats related to everyday activities like using CAPTCHAs and picture menus, tracking packages or vehicles,  teaching languages,  holding online contests, or playing simple games online. 

Here’s where the fight stands as we move into 2025. 

Defending the Public’s Right To Challenge Bad Patents

In 2012, recognizing the persistent problem of an overburdened patent office issuing a countless number dubious patents each year, Congress established a system called “inter partes reviews” (IPRs) to review and challenge patents. While far from perfect, IPRs have led to the cancellation of thousands of patents that should never have been granted in the first place. 

It’s no surprise that big patent owners and patent trolls have long sought to dismantle the IPR system. After unsuccessful attempts to persuade federal courts to dismantle IPRs, they shifted tactics in the past 18 months, attempting to convince the U.S. Patent and Trademark Office (USPTO) to undermine the IPR system by changing the rules on who can use it. 

EFF opposed these proposed changes, urging our supporters to file public comments. This effort was a resounding success. After reviewing thousands of comments, including nearly 1,000 inspired by EFF’s call to action, the USPTO withdrew its proposal. 

Stopping Congress From Re-Opening The Door To The Worst Patents 

The patent system, particularly in the realm of software, is broken. For more than 20 years, the U.S. Patent Office has issued patents on basic cultural or business practices, often with little more than the addition of computer jargon or trivial technical elements. 

The Supreme Court addressed this issue a decade ago with its landmark decision in a case called Alice v. CLS Bank, ruling that simply adding computer language to these otherwise generic patents isn’t enough to make them valid. However, Alice hasn’t fully protected us from patent trolls. Even with this decision, the cost of challenging a patent can run into hundreds of thousands of dollars, enabling patent trolls to make “nuisance” demands for amounts of $100,000 or less. But Alice has dampened the severity and frequency of patent troll claims, and allowed for many more businesses to fight back when needed. 

So we weren’t surprised when some large patent owners tried again this year to overturn Alice, with the introduction of the Patent Eligibility Restoration Act (PERA), which would bring the worst patents back into the system. PERA would also have overturned the Supreme Court ruling that prevents the patenting of human genes. EFF opposed PERA at every stage, and late this year, its supporters abandoned their efforts to pass it through the 118th Congress. We know they will try again next year–we’ll be ready. 

Shining Light On Secrecy In Patent Litigation

Litigation in the U.S is supposed to be transparent, particularly in patent cases involving technologies that impact millions of  internet users daily. Unfortunately, this is not always the case. In Entropic Communications LLC v. Charter Communications, filed in the U.S. District Court for the Eastern District of Texas, overbroad sealing of documents has obscured the case from public view. EFF intervened in the case to protect the public’s right to access federal court records, as the claims made by Entropic could have wide-reaching implications for anyone using cable modems to connect to the internet. 

Our work to ensure transparency in patent disputes is ongoing. In 2016, EFF intervened in another overly-sealed patent case in the Eastern District of Texas. In 2022, we did the same in California, securing an important transparency ruling. That same year, we supported a judge’s investigation into patent owners in Delaware, which ultimately resulted in referrals for criminal investigation. The judge’s actions were upheld on appeal this year. 

It remains far too easy for patent trolls to extort and exploit individuals and companies simply for creating or using software. In 2025, EFF will continue fighting for a patent system that’s open, fair, and transparent. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

For a while, ever since they lost in court, a number of industry giants have pushed a bill that purported to be about increasing access to the law. In fact, it would give them enormous power over the public ability to access, share, teach, and comment on the law.  

This sounds crazy—no one should be able to own the law. But these industry associations claim there’s a glaring exception to the rule: safety and building codes. The key distinction, they insist, is how these particular laws are developed. Often, when it comes to creating the best practices for an industry, a group of experts comes together to draft model standards. Many of those standards are then “incorporated by reference” into law, making them legal mandates just are surely as the U.S. tax code. 

But unlike most U.S. laws, the industry association that convene the experts claim that they own a copyright in the results, which means they get to control – and charge for—access to them. 

The consequences aren’t hard to imagine. If you are a journalist trying to figure out if a bridge that collapsed violated legal safety standards, you have to get the standards from the industry association, and pay for it. If you are renter who wants to know whether your apartment complies with the fire code, you face the same barrier.  And so on. 

Many organizations are working to remedy the situation, making standards available online for free (or, in some cases, for free but with a “premium” version that offers additional services on top). Courts around the country have affirmed their right to do so. 

Which brings us to the “Protecting and Enhancing Public Access to Codes Act” or “Pro Codes.” The Act requires industry associations to make standards incorporated by reference into law available for free to the public. But here’s the kicker – in exchange Congress will affirm that they have a legitimate copyright in those laws.    

This is bad deal for the public. First, access will mean read-only, and subject to licensing limits.  We already know what that looks like: currently the associations that make their codes available to the public online do so through clunky, disorganized, siloed websites, largely inaccessible to the print-disabled, and subject to onerous contractual terms (like a requirement to give up your personal information). The public can’t copy, print, or even link to specific portions of the codes. In other words, you can look at the law (as long as you aren’t print-disabled and you know exactly what to look for), but you can’t share it, compare it, or comment on it. That’s fundamentally against the public interest, as many have said. It gives private parties a windfall to do badly what others, like EFF client Public Resources Online, already do better and for free. 

Second, it’s solving a nonexistent problem. The many volunteers who develop these codes neither need nor want a copyright incentive. The industry associations don’t need it either—they make plenty of profit though trainings, membership fees, and selling standards that haven’t been incorporated into law.   

Third, it’s unconstitutional under the First, Fifth, and Fourteenth Amendments, which guarantee the public’s right to read, share, and discuss the law.   

We’re pleased that members of Congress have recognized the many problems with this law. Many of you wrote to your members to raise concerns and when it was brought to a vote in committee, members registered those concerns. While it passed out of the House Judiciary Committee, the House of Representatives was asked to vote on the law “on suspension,” meaning it can avoid debate and become law if two-thirds of the House vote yes on it. In theory, it’s meant to make it easier to pass uncontroversial laws. 

Because you wrote in, because experts sent letters explaining the problems, enough members of Congress recognized that Pro Codes is not uncontroversial. It is not a small deal to allow industry giants to own parts of the law.  

This year, we are glad that so many people lent their time and energy to understanding the wolf in sheep’s clothing that the Pro Codes Act really was. And we hope that SDOs take note that they cannot pull the wool over everyone’s eyes. Not while we’re keeping watch.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

Related Cases: Freeing the Law with Public.Resource.Org

From a historic ban on police using face recognition, to landmark CCOPS legislation, to the first ban in the United States of police deploying deadly force via robot, for several years San Francisco has been leading the way on necessary reforms over how police use technology.

Unfortunately, 2024 was a far cry from those victories.

While EFF continues to fight for common sense police reforms in our own backyard, this year saw a change in city politics to something that was darker and more unaccountable than we’ve seen in awhile.

In the spring of this year, we opposed Proposition E, a ballot measure which allows the San Francisco Police Department (SFPD) to effectively experiment with any piece of surveillance technology for a full year without any approval or oversight. This gutted the 2019 Surveillance Technology Ordinance, which required city departments like the SFPD to obtain approval from the city’s elected governing body before acquiring or using specific surveillance technologies. We understood how dangerous Prop E was to democratic control and transparency, and even went as far as to fly a plane over San Francisco asking voters to reject the measure. Unfortunately, despite a strong opposition campaign, Prop E passed in the March 5, 2024 election.

Soon thereafter, we were reminded of the importance of passing democratic control and transparency laws at all levels of government, not just local. AB 481 is a California law requiring law enforcement agencies to get approval from their local elected governing body before purchasing military equipment, including drones. In the haste to purchase drones after Prop E passed, the SFPD knowingly violated this state law in order to begin purchasing more surveillance equipment. AB 481 has no real enforcement mechanism, which means concerned residents have to wave our arms around and implore the police to follow the law. But, we complained loudly enough that the California Attorney General’s office issued a bulletin reminding law enforcement agencies of their obligations under AB 481.  

EFF is an organization proudly based in San Francisco. Our fight to make it a place where technology aids, rather than hinders, safety and equity for all people will continue–even if that means calling attention to the SFPD’s casual law breaking or helping to defend the privacy laws that made this city a shining example of 21st century governance. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

政府は24日、経済産業省と環境省の合同検討会において、新たな地球温暖化対策計画の原案をとりまとめた。原案では2050年におけるカーボンニュートラルの実現（温室効果ガスの排出実質ゼロ）に向け、35年における温室効果ガスの排出量を13年度比で60%削減する目標を明記。国連はパリ協定のもと、5年ごとに「国が決定する貢献」（Nationally Determined Contribution＝NDC）とよばれる温室効果ガスの削減目標を見直すよう各国に義務付けており、政府では来年2月を期限とする新目標の策定に向けた議論が進められていた。（岩中健介）

女川原発と島根がん発の防災体制の問題点を見ていく。

JPCERT/CCは、「近年の水飲み場攻撃事例 Part1」を公開しました。本記事では、攻撃者の攻撃手法の中で、近年あまり注目されることがない水飲み場攻撃の事例を国内で発生した事例をもとに2回に分けて紹介します。

本日12月25日(水)の座り込みは当番の都合のため、お休みさせてもらいます。 よろしくお願いします。 「ヘリパッドいらない」住民の会

戦時下に起きた「長生炭鉱水没事故」犠牲者の遺骨調査・返還事業に関して、市民団体の「長生炭鉱の水非常を歴史に刻む会」（以下、「刻む会」）が進める遺骨調査に動きが出ている。この動きに伴い、国会では野党が、遺骨の埋没位置が明らかでないことを理由に遺骨調査に後ろ向きの姿勢でいる政府に対して、「政府として遺骨調査を行うべき」とする主張を強めている。（小栗俊也）

令和6年度地方財政審議会（11月5日）議事要旨

地方公共団体における情報セキュリティポリシーに関するガイドラインの改定等に係る検討会(第15回)

令和6年度地方財政審議会（9月13日）議事要旨