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Top 10 Tips for Parents
Prepared by Dr Juanita Weissensteiner, Athlete Pathways & Development, AIS
All parents want to make the right decisions for and with their child. In this web page we have collated our top 10 tips for parents to nurture and support their child's sporting development.
When considering these tips or recommendations, it is important to match your expectations with your child's developmental status and their motivation for participating in sport. Children often play sport for fun and social reasons, competitive and performance-orientated reasons or a combination of all these factors. Nurturing a love of playing sport at any level has many benefits. Remember this is just the start of their lifelong journey enjoying sport.
Well-intentioned individuals often exhibit the traits of a 'bad sports parent' because they simply lack better guidance. Parents are recognised as critical support agents for their children's sporting future. Your guidance, support and behaviour during your child's formative sporting years can positively influence their sporting journey, enhance the parent's own enjoyment of sport and foster an enriched bond between you and your child.
For a positive, fun and nurturing experience of sport, parents must remain positive, regardless of the result, and stay realistic in their shared expectations to avoid putting pressure on the child. You can greatly assist your child's development through your engagement with your child's coach, by providing a strong and positive role model and upholding integrity and respect.
The following tips are in accordance with:
- Play.Sport.Australia - the new game plan for Sports Participation developed and endorsed by the Australian Sports Commission.
- Best practice specific to the foundational levels of the Foundation, Talent, Elite and Mastery (FTEM) athlete development framework which is informed by contemporary research and practice. For a quick overview of FTEM please watch this video.
FTEM, pictured above, is a user-friendly framework of sport development, representative of the 'whole of sport' pathway which includes active lifestyle activities, recreational and high performance sport. Common to all three outcomes is a strong foundational base of development and life-long participation in sport (F1, F2 and F3). The following tips or recommendations are specific to these levels.
Our top 10 Tips
Tip 1 - Fundamental movement skills
The importance of a strong base of fundamental movement skills for lifelong participation and performance in sport
Possessing a well-rounded repertoire of fundamental movement skill competencies lays an ideal platform for future skill development, potentially to elite levels. Other benefits include greater confidence, adaptability and resilience aligned to better physical competence, injury minimisation and greater sporting potential.
Early school-aged children should ideally possess the following fundamental movement skills:
Object Control
- Kicking
- Throwing
- Catching
- Hitting
Locomotive skills
- Running
- Hopping
- Jumping
- Skipping
- Using a wheelchair
- Using a prosthetic limb
Body control
- Balancing
- Tumbling
- Climbing
Aquatic skills
- Floating
- Early swimming strokes
- Paddling
- Standing on a surfboard
Competency in these fundamental and foundational movement skills are a recognised pre-cursor or 'building blocks' to these later sport-specific skills:
- Cricket
- Rugby
- Soccer
- Hockey
- Tennis
- Basketball
- Badminton
- Softball
- Baseball
- Volleyball
- Water polo
- Athletics
- Cross country
- Orienteering
- Rugby
- Soccer
- Hockey
- Softball
- Baseball
- Basketball
- Wheelchair sports
- Gymnastics
- Diving
- Aerial skiing
- Surfing
- Snow and ski-board
- Cycling
- Kayaking
- Sailing
- Swimming
- Water polo
- Surfing
TIP: Foster your child's fundamental movement competencies
Check that your child's activities address most of these fundamental movement skills: locomotive, object control, body control and aquatic. Below are some activities to help develop these skills:
Unorganised activities at or close to home:
- stopping and kicking a ball
- hitting a stationary and later a moving ball with a small light cricket bat
- running (in a straight line, zigzag, backward)
- jumping (one and two leg)
- skipping (with and without a rope)
- climbing and tumbling, at home or at a local park or trampoline park
- experimenting with different swim strokes
- paddling and standing on a surfboard at the beach.
Organised early movement programs, such as:
- Gymnastic Australia's LaunchPad programmes
- BMX Australia's BMX Mini Wheelers programme
- swimming lessons like those run by an AUSTSWIM recognised programme
Check out these great websites for more information:
- NSW Department of Education and Communities
- WA Department of Education, Fundamental Movement Skills – Manual for Teachers
- ACT Government
This second FTEM level focusses on exposing a child to greater movement challenges to improve their foundational or fundamental movement skills. Similar to the F1 phase, this is achieved through a mix of unorganised sporting activity (deliberate play) at home, at a local park or at school AND organised age-appropriate and modified sport (such as Sporting Schools, AFL Auskick, Hookin2Hockey, Viva7s rugby, MILO in2CRICKET).
We consider these areas to be important in F2 development:
Tip 2 - Deliberate play
The importance of deliberate play to skill development
Deliberate play, or unorganised play and practice, at home by a child on their own or with family and friends is a valuable adjunct to organised sport. Deliberate play promotes movement problem solving, creativity, diversification, variability and adaptability of skills, self-challenge and mastery.
Classic examples of deliberate play from sporting legends include:
The late Sir Donald Bradman honed his batting skills by hitting a golf ball off a corrugated water tank with a cricket stump.
Former rugby league international Brad Fittler developed his football skills out of the front of his suburban Sydney home with a plastic football (Coates, P 2005).
Former professional surfer and seven-time world champion Layne Beachley learned to surf at Manly beach on a foam surf board (Coates, P 2005).
TIP: Promote deliberate play with your children by setting up diversified and stimulating play environments at home
- Explore your home environment inside and outside and use what you've got at your disposal including brick walls, fences, grassy, sandy and cement areas, the corridor or veranda in your house (great for balloon tennis, soccer and cricket with a soft ball).
- Provide your children with an array of age and size-appropriate, bats, sticks, racquets and balls of varying sizes, and basketball targets that they can challenge themselves with on their own. Below is a citation from a study that investigated the role of deliberate play in the development of cricket batting skills (Weissensteiner, Abernethy & Farrow, 2009).
You'd be playing with a hard ball in the backyard and around the park but on the road when you're playing with tennis balls or other sorts of composite balls or down at the beach we'd often shave one side so it'd swing. If we were down the beach we'd dunk it in the water so that made it a bit heavier and ... that'd make it fly a bit differently.
- Encourage ambidexterity (e.g. hitting and throwing with left and right arms and kicking with left and right feet) and finding unique solutions to movement challenges. Children and athletes come in all shapes and sizes, so finding whatever movement provides the desired result is the key!
- Promote and embrace creativity when it comes to setting your own rules — rules like hitting the ball over the fence is six and out.
We had a slat fence with upright posts and beam supports ... if I hit it between the beams it was runs but if I hit under the beams or over the top beam it was out, or if I hit the uprights itwas out, so they were my fielders. The challenge was to see how much of a risk I could take, the most runs were scored in the hardest areas.(Weissensteiner et al 2009)
The Healthy Active Kids website has some great examples of deliberate play.
And on the Australian Sports Commission website:
Tip 3 - Family support
The 'familial advantage' — parental and sibling influence on skill development
Research is finding that early sporting experiences with family and friends are instrumental to sporting skill development and later sporting expertise. The current AIS research project My Sporting Journey and the Australian Research Council Linkage Project 'Sporting Talent' are finding that parents are great early skill educators as a 'fellow participant' and provide numerous types of support. Some of this support includes setting up home developmental environments, helping with physical preparation, emotional and financial support, technical advice and providing access to appropriate coaching.
Recent findings from the My Sporting Journey project — featuring 440 senior international-level Australian athletes from 61 Olympic, Paralympic and professional sports — showed a high percentage of these athletes had parents and/or siblings who also excelled in the same sport and other sports. That certainly shows a strong 'familial advantage'!
Current research also demonstrates that for female athletes, playing with their brothers and male friends in their foundational years is a strong contributor to later sporting success. Playing with male peers not only provides an avenue for skill progression, enhanced mental toughness, fitness and physical robustness, but they can also be supportive and motivating.
Importantly family sporting play also encourages parents to participate and fosters positive family dynamics between parent and child.
Classic examples of familial advantage include:
Multiple BMX world champion Caroline Buchanan rode and competed in BMX with her dad and her brother.
Rugby League Immortal Andrew Johns and his brother Mathew honed their legendary technical and tactical skills playing backyard football.
Australian cricketing brothers Shaun and Mitchell Marsh watched their father Geoff play Test cricket and had their own backyard cricket battles, where Mitchell was often relegated to bowling to his older brother.
AFL star Adam Goodes played soccer, cricket and Australian football in the backyard with his younger brothers (Coates, P 2005).
TIP: Foster everyday sport activity and playtime at home and be an effective support provider
You can:
- limit screen time at home
- assist early skill development by joining in or foster deliberate play by exploring and making the most of your child's home developmental environment inside and out! (see last tip for ideas)
- be a sounding board, provide emotional support and positive encouragement
- provide financial and travel support
- offer technical advice, especially if you've played the same sport, or help your child find information
- facilitate your child's access to appropriate instruction and coaching.
If you are interested in becoming a coach check out these resources:
Tip 4 - Age-modified sport formats and equipment
The importance of the right match of sport format and equipment for fun, promoting skill development and minimising injury
Children are not mini adults! As an important precursor to sport-specific skill development, minimise potential injuries and to ensure a positive learning experience and fun, children should participate in modified versions of a sport that are appropriate to their age, size and skill level.
Some examples of these include:
- ANZ NetSetGo features fun and progressive age and skill appropriate formats of netball with modified rules
- MiniRoos soccer features small-sided games
- ANZ Tennis Hot Shots, where children aged 4–12 play on smaller tennis courts with lighter racquets and low-compression balls
- TryRugby Kids Pathway features progressive small-sided games, playing areas and non-tackle formats
- BMX Mini Wheelers features balance bikes for riders as young as two
It is critical that children use equipment matched to their size and age (e.g. light and shorter hockey sticks, light and smaller tennis racquets). Matching the right sized equipment reduces the risk of injury and promotes the development and refinement of your child's sporting skills.
Not a good example of matching the equipment with the participant!
The Australian Government's Sporting Schools initiative provides a great choice of appropriate sport formats for primary school children before, during and after school. A list of sports offered can be found on the Sporting Schools website.
These programmes, informed by contemporary research and practice and delivered by experienced instructors provide a great introduction to sport and lots of fun.
While it might be tempting to buy your child the latest branded adult-sized equipment used by their sporting hero, you may be limiting their skill development and risking injury.
You can:
- Check if your school has registered for Sporting Schools and enrol your children in programmes they would enjoy. If a particular sport is not available through Sporting Schools, check out the sport's website for more information.
- Talk to your sporting goods provider or online about appropriate equipment for your child.
- Allow your child to try sporting equipment in the store before you buy.
- Specific to sports such as cricket, tennis and hockey use Gunn and Moore First cricket ball, Wilson Starter Tennis balls or Whiffle balls respectively to slow down the speed of the ball or large tennis balls (Scorcher balls) making it easier for interception.
In the final foundational level, sport-specific skills are being refined and progressed and the young athlete is committed to regular training and formal or informal competition. This level commonly is the beginning of most club-based sporting experiences.
We consider these factors to be important for ideal F3 development:
Tip 5 - Sport sampling
The importance of sport sampling before specialising
Research shows a high proportion of elite Australian athletes took part in a diverse variety of sports before specialising around 13–15 years old. The variety of sports provides a fuller, more competent and adaptable skill base for the athlete to draw on at an elite level.
A diversified investment in sports before specialisation has also been linked to minimising injury and reducing later dropout and burnout from sport.
Recent findings from the My Sporting Journey project found that most Australian athletes who had made the podium at senior international events participated in an average of four different sports — often to a high level — before specialising in their main sport. Of these athletes, 80 per cent reported that training and competition in these prior sports greatly assisted their performance in their main sport.
Classic examples of sport sampling include:
Dual international in cricket and soccer, Ellyse Perry, also played touch football, athletics, tennis and golf.
Multiple Paralympic wheelchair racer Richard Nicholson also competed in gymnastics, archery, swimming, powerlifting and skateboarding on his hands before committing to road and track racing.
TIP: Sample, sample, sample and have fun!
Except for early specialising-sports such as gymnastics, resist the temptation for your child to specialise in one sport too early.
Sampling a large range of sports during childhood and continuing to play several sports, at least until the age of 15, is likely to:
- maximise the development of a full range of sporting skills
- promote adaptability of skills and all-body coordination and control
- enhance the possibility of later senior sporting success
- minimise the likelihood of overuse injuries.
You can:
- encourage your child to try out a few sports, organised and unorganised
- allow them to work out which sports they are good at and which ones they like the most
- allow them to decide which sport they want specialise in.
Tip 6 - Smart practice
Smart practice
It is well accepted that practice is important in developing sporting skills. But the quality and type of practice is more important than quantity alone. Executing and refining the same complement of sporting skills is vital.
A good example of this is limiting the use of ball machines when developing the batting skills of young cricketers. A ball machine does not offer the important visual cues for anticipating the line and length of an incoming delivery from a bowler in a game context. Expertise in cricket batting relies on a combination of anticipatory (i.e. reading the body cues of a bowler), decision making and technical skills. The best way to develop young batsmen and women is to get them to face a variety of bowlers with differing spin, swing and pace and a mix of left and right handed.
This concept applies equally to other interceptive sports such as tennis, hockey and water polo.
TIP: Practice, practice, practice but make it fun and relevant
- Encourage your children with the support of their coach to practice their sporting skills in an ecological manner, for example, practice the full complement of skills within a context similar to that in competition.
- Encourage your children to embrace practicing under varying constraints (differing environmental conditions, under time pressure etc). This enhances skill progression and robustness, adaptability and coping skills and it can also be fun and challenging.
Tip 7- Observational skills
The value of observational learning to skill development
Learning is often based on observation and imitation. Children learn many behavioural responses such as reaction to failure (getting out in cricket or missing a shot in tennis) or how to respond to a coach or referee from their parents, their siblings, peers and sporting idols. They will also learn about a sport and its technical and tactical elements from similar observations.
Observational learning is a valuable tool for aiding skill development. It occurs when watching sport (including in the backyard or at a club) or a sporting hero or mentor and then imitating techniques and mannerisms.
A common trait of elite athletes is to be a 'true scholar' of the sport. They diligently observe and study sporting idols competing and try to mimic their techniques or routines. Sometimes they even imagine they are their sporting idol. Below is quote from a former Australian Test batsman on how he utilised observational learning at the elite level.
When you watch guys like Brian Lara [former West Indian batsman] or Sachin Tendulkar [former Indian batsman], Ricky Ponting [current Australian batsman and captain], you just pick up little things. I remember clearly I scored a Test [international] hundred . . . and I think it was at that stage the third fastest ever hundred by an Australian Test batsmen . . . and I was actually [imagining] I was Brian Lara.
TIP: Don't underestimate the power of observational learning
- Foster observational learning of your child by allowing them to watch sport live or on television.
- Allow them to imitate the techniques, routines and mannerisms of their positive sporting idols or contemporaries.
- Support their scholarly interest and craving for information for a sport.
- Be a positive role model! Always endeavour to provide the appropriate behaviour modelling to your children and young people. Consider the way you react to success and failure, show respect to coaches and officials, demonstrate good sportsmanship, respect and integrity, exhibit good character and upholding personal excellence and a strong work ethic. For excellent guidance on these aspects, access the 'Play by the Rules' resources hosted on the Australian Sports Commission website.
Tip 8 - Self-regulation
Self-regulation is an important skill for sport, and life!
Self-regulation is regarded as a complementary mix of six psychological skills — effort, self-efficacy, planning, self-monitoring, evaluation and reflection. Contemporary evidence emerging from a variety of sports shows that strong self-regulation underpins effective learning in training, aids performance and skill refinement and assists in effectively negotiating the athlete pathway.
Self-regulation of learning cycle. Adapted from Jonker (2011)
TIP: Foster your child's self-regulatory skills
Taking ownership of the consequences of our own actions, including performance on a sporting field, is a fundamental responsibility of being a person, and an essential component of developing future success. Providing the right opportunities for children and youths to develop and practice age appropriate self-regulatory skills such as self-reflection, goal setting, positive self-talk and mental imagery are valuable strategies.
You can:
- Self-Reflection: Encourage your child to not rely solely on your feedback or that of their coach, but to complement it with their own reflections on how they went in practice or competition. Keeping a journal is a useful way to reflect. Use the following prompts to help your child write a journal entry:
- get them to describe what happened
- get them to reflect on what they were thinking and feeling before, during and after
- get them to articulate what felt good or what they did well
- ask them what didn't feel good or what can they improve on next time
- help them think about what they plan to do next time and how they are going to achieve this
With practice, your child should be able to follow these prompts on their own.
- SMART Goal Setting: As an outcome of effective self-reflection, your child should be committed to improving their performance in training or competition. Effective goal setting can help this. Goal setting involves identifying a level of performance or a target, which your child can realistically achieve within an appropriate timeframe. A good idea is to get your child, with your support and guidance, to write down their goals and track their progress. Goals should be "SMART" - Specific, Measurable, Action-focused, Realistic, and within a Timeframe.
- Positive self-talk: Positive self-talk can increase motivation and is an essential coping skill. Assist your child develop positive 'mantras' or statements they can use when training and competing. Some good examples are 'come on, I can do this' or 'I have trained well and I'm ready to excel!' Self-talk can also be used to assist skill execution, for example 'drive up' or 'follow through'. Positive body language is also important -- encourage your child to hold their head up and shoulders back and show their opponents they are ready and confident.
- Imagery: Mental imagery is an excellent adjunct to physical training and has been shown to improve learning and performance.
- It should be done in a quiet relaxing environment away from distractions.
- Your child could start by watching an elite athlete performing the skill they want to improve. They should watch their technique and then imagine themselves completing the same action. They should imagine watching themselves perform the technique from a spectator's point of view, as well as imagining what it would look like from an internal perspective.
- Find which method is most comfortable for them and encourage them to keep practising. It might also help to watch a video of their own performance.
- While practicing mental imagery get your child to try and use all of their senses (sight, touch, taste, sound, smell and feel). What noise is the crowd making? What does their equipment feel like? How does it feel successfully executing their skill? Next time they are training or competing ask them to focus on all their senses. Encourage them to write down all the details of one of their better performances. They should include as much information as they can and recreate this performance in their mind.
For further information and resources have a look at the Brainwaves fact sheets developed by AIS sport psychologists
Tip 9 - The 'sport-ready athlete'
Developing the 'sport-ready' athlete
It is very important for sporting participants to have an understanding of, and strategies for, effectively managing the demands and requirements related to being an athlete. With appropriate guidance and practice, these strategies can become life-long habits.
These complementary skills include:
- Understanding the importance of having a sound athletic base (e.g. optimal neuromuscular flexibility, muscular strength and stability of the major joint complexes, good 'whole body' coordination) and maintaining good physical health.
- Knowing how to properly warm-up and cool down before and after training and competition, and understand why it's important.
- Knowing how to prevent and manage sport related injuries and illness and knowing who to consult for further assistance.
- Understanding the importance of good nutritional habits.
- Having a good awareness and implementing strategies to monitor and manage hydration and safely exercising in hot and cold environments.
- Understanding the importance of not over-training or over-competing.
- Understanding the importance of rest and recovery.
- Maintaining a healthy sport-life balance.
TIP: Help your child become sport-ready!
Educate yourself and your child on all the above aspects so they exhibit good and consistent sport-smarts. Good sources of information include but are not limited to:
- Australian Institute of Sport's Nutrition website
- Healthy Active Kids website particularly Kids Vids and On Line Games which are excellent resources aimed for kids!
- International Olympic Committee Consensus Statement on Nutrition
- International Olympic Committee Consensus Statement on Youth Athlete Development
- Injury Prevention App developed by the International Olympic Committee
- Your child's coach or club
Tip 10 - Right coach and club fit
Finding the right coach and club for your child
The club and coach are a major part of the environment and experience for any participant in sport. It is important to find the right match to effectively support your child's skill development and sporting goals. Understanding and aligning you and your child's motivation, philosophies and skills with the right coach and club environment will provide a great platform for ongoing participation, performance and enjoyment. Findings from the Australian Sports Commission's Market Segmentation research linked below provide some excellent insights.
Market segmentation for sport participation
A paper titled 'A look through the rear view mirror: Developmental Experiences and Insights of High Performance Athletes' (Gulbin et al. 2010) documents the insights of 673 high performance Australian athletes across 34 sports and highlights the importance of a good athlete-coach match. The paper recognised several key characteristics of a good coach, including sport-related factors and also key inter and intra-personal attributes.
TIP: Characteristics of a great coach and club
Do your research when looking for the right coach and club match for your child.
Characteristics of good developmental clubs include:
- quality coaching personnel that are experienced in coaching developing athletes and are appropriately accredited
- the provision of appropriate developmental opportunities and progression
- positive, supportive, encouraging and welcoming club culture for you and your children
- effective communication and engagement strategies to support children and their parents
- approachable mentors
- quality training facilities which are nearby and accessible
- close connection with local schools and their respective state and national organisations.
Characteristics of a good coach include:
- strong and effective communication
- encouraging, good motivator
- strong teaching ability
- confident and relaxed style
- take a personal interest and show a duty of care to the welfare of their athletes
- stress a balance between life and sport
- a detailed knowledge of the sport
- are aware and considerate of the impact of biological and psychological maturation on skill development and performance. There is a suitable fit of the program to the child's maturity. A good coach understands that optimal development is individualised, considerate of psychological and sport-specific skills as well as physical attributes, and takes time, diligence and patience. They provide support and opportunity to 'late-maturing' and 'early-maturing' athletes through a focus on sport-specific and psychological skill development rather than pure physicality.
As a parent you can assist your child's coach by supporting their approach and philosophy and showing them respect. If you have any concerns regarding your child, other than an immediate safety concern, approach them when they are not coaching or instructing.
For more information we recommend:
- Australian Sports Commission
- Play.Sport.Australia
- Sporting Schools
- Play by the Rules
- Healthy Active Kids
- AIS Nutrition
- AIS Performance Psychology
- AIS Recovery Centre
- Australian Paralympic Committee
- ACT Government
- Clearinghouse for Sport
- Australian Research Council Linkage Project: Sporting Talent
- A Look Through the Rear View Mirror (Gulbin, Oldenziel, Weissensteiner & Gagne, 2010). Paper featuring the insights of 673 High Performance Australian athletes across 34 sports
- International Olympic Committee Consensus Statement on Nutrition.
- International Olympic Committee Consensus Statement on Youth Athlete Development
- Child Magazine
- Raising Champions – A Parent's Perspective (Coates, 2005).


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EFF urged the Bay Area Rapid Transit (BART) Board to adopt a new law that would ensure community control of whether to adopt new surveillance technologies.
All too often, police executives unilaterally decide to adopt powerful new spying tools that invade our privacy, chill our free speech, and unfairly burden communities of color. These intrusive and proliferating tools of street-level surveillance include drones, cell site simulators, surveillance cameras, and automatic license plate readers.
Under the proposed BART law, the power to decide whether or not to adopt new surveillance technologies would rest with the elected BART Board, and not law enforcement officials. The Board could not approve a new spy tool unless it first determines that the benefits outweigh the costs, and that the proposed use policy protects civil rights and civil liberties. Most importantly, members of the public would have the opportunity to participate in the decision-making process.
As we explain in our letter to the BART Board:
Each government surveillance technology raises a thicket of difficult questions. Should it be used at all? What are the benefits and the costs? Will it actually make us safer? If it is adopted, who will be targeted? What are the privacy safeguards?
These are questions that the BART Board of Directors should answer before BART adopts surveillance technology. The general public should be heard, too. When all concerned stakeholders participate, we make better decisions.
Our allies include the ACLU and the Oakland Privacy Working Group. EFF supported a similar law adopted last year in Santa Clara County. We are now working on parallel efforts in Oakland and Palo Alto.
As one of his very last acts in office, President Obama has commuted the sentence of whistleblower Chelsea Manning by 28 years. EFF applauds Obama for using his last days as president to bring justice to Manning's case. And we congratulate all those who supported, defended, and spoke out on behalf of Manning over the years and supported her clemency petition. Your efforts secured her freedom.
Manning was originally sentenced to 35 years in prison for her role in the release of approximately 700,000 military and diplomatic records to WikiLeaks. Under this sentence—the longest punishment ever imposed on a whistleblower in United States history—Manning would have been released in 2045. Now, under the terms set by President Obama, Manning is to be released on May 17, 2017, after more than seven years behind bars.
Last year, EFF filed an amicus brief in support of Manning to the U.S. Army Court of Criminal Appeals. Manning was convicted of 19 counts as a result of her whistleblowing activities, including one under the Computer Fraud and Abuse Act ("CFAA"). The notoriously vague law makes it illegal to intentionally access a computer connected to the Internet "without authorization," but it doesn't say what "without authorization" means. The government's theory in Manning's case was that she violated the CFAA when she disregarded the terms of a written computer use policy, which prohibited using unauthorized software to access a Department of State database.
This theory takes the CFAA too far. In our brief, we told the Army Court of Criminal Appeals something we've said before (and before): violating a computer use policy is not a federal crime. What's more, interpreting the CFAA's language to include terms of use violations would turn millions of Americans into criminals on the basis of innocuous activities, like browsing Facebook or viewing online sports scores from a work computer in violation of company policy.
EFF also successfully defended Manning's ability to access information while in custody. After hearing word that the U.S. Disciplinary Barracks (USDB) at Fort Leavenworth had refused to provide her with printouts of EFF blog posts and other materials related to prisoner censorship—ostensibly to protect EFF's copyrights—we contacted USDB and made sure Manning received the materials. We've also worked to protect the ability of Manning's supporters to amplify her voice.
Manning's case—and draconian, 35-year sentence—highlights the need for legal reform. First, Congress needs to clarify something that courts across the country have already recognized: that the CFAA—a seriously outdated law—was never meant to criminalize violations of private policies. Second, it's time for Congress to enact strong protections for whistleblowers, including reforming the Espionage Act to take into account both the motivation of individuals who pass on documents and the ramifications of the disclosure.
While we'll continue to fight for CFAA reform and whistleblower rights into the future, today we celebrate Manning's freedom. Even from solitary confinement, Manning provided a unique perspective on foreign affairs, surveillance, incarceration, and gender identity through her essays and tweets. We look forward to her rejoining us in the free world and fulfilling her full potential—right alongside us.
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.
Congress has been spinning its wheels on comprehensive copyright reform, but it could do a lot of good with one simple fix: forbid manufacturers from using EULAs to force consumers to waive their fair use rights.
Traditionally, once a person has purchased a product, she has been free to use it however she sees fit without oversight or control from the copyright owner. Purchasers have also been free to use competitors' add-on software and hardware that interoperate with the goods they buy, because innovators have been able to develop and distribute such technologies.
That expectation is upended when it comes to products that come with embedded software, from tractors to refrigerators to toasters and children's toys. That software is supposed to make our stuff smarter, but it also makes our stuff not really ours. We own the hardware, but supposedly we only license the software in it. And those licensing agreements sharply limit your ability to repair, test, and reuse your stuff. They inhibit both add-on innovation and security and privacy research that keeps you safe.
Those limits usually take two forms. First, they force you to waive rights like fair use granted to you under copyright law, such as the rights to:
- Remix media elements such as video game imagery or patch software (i.e. to prepare noninfringing derivative works);
- Reverse engineer (to understand non-copyrightable elements or to create interoperable software and hardware);
- Perform security or other research involving the software; and
- Perform otherwise lawful acts of circumvention, such as device jailbreaking.
Second, they impose conditions on your use of the product, including:
- Forbidding use of "unauthorized" hardware or software in conjunction with the device (such as third-party replacement parts for repair, competing peripherals, or privacy-protecting software on mobile phones);
- Forbidding second-hand sale of a used device; and
- Requiring the user to agree to ever more onerous EULAs to continue using their device at all.
Users who violate these terms can find themselves threatened with a copyright lawsuit, but that is relatively rare. A more common tactic is to threaten third parties who want to offer add-on products or services (including repair) that might conflict with the EULA terms.
Studies suggest that most customers have no idea they are agreeing to such terms. But even if they do, they have few options short of refusing to buy the device. One Guardian reporter tried reading the terms of use he encountered over the course of a week and concluded: "reading the terms and conditions simply doesn't help … With no negotiating power, it ends up being mostly depressing reading." And courts have repeatedly upheld such terms, even when the record is clear that no one has read them or even explicitly agreed to the terms.
It's time for Congress to take a step towards meaningful copyright reform: restrict the ability of manufacturers to force customers to waive their rights. Such a limitation is not all that unusual; for example, the current Copyright Act prevents authors from waiving their right to terminate a transfer of copyright ownership (which just makes sense – if publishers could require such a waiver the termination right would be meaningless). Legislators commonly restrict waiver by contract in all kinds of situations, as this table from the Association of Research Libraries shows.
In the meantime, several states (New York, Massachusetts, Minnesota and Nebraska) are considering legislation to protect one basic right that's often waived: the right to repair. If you live in those states, you can take action now to support those efforts. But we need a cleaner, simpler, national fix. As software proliferates, onerous outdated copyright rules and contract terms shouldn't stop us from making sure our devices are safe, much less inhibit innovation and creativity. After years of talk about copyright reform, it's time for Congress to take real steps to protect user rights.
The Trump presidency starts Friday. Here is the Electronic Frontier Foundation's agenda.
In a matter of days, the United States will enter a new era.
On Friday, President Elect Donald J. Trump will swear the oath of office, pledging to uphold the Constitution. But as EFF has learned in the course of defending our fundamental rights over four American presidencies, our civil liberties need an independent defense force. Free speech and the rights to privacy, transparency, and innovation won't survive on their own—we're here to ensure that government is held accountable and in check.
Technological progress does not wait for politicians to catch up, and new tools can quickly be misused by aggressive governments. The next four years will be characterized by rapid developments in the fields of artificial intelligence, autonomous vehicles, virtual and augmented reality, connected homes, and smart cities. We welcome innovation, but we also expect to see an explosion of surveillance technologies designed to take advantage of our connected world to spy on all of us and our devices, all the time. That data will be used not only to target individuals but to project and manipulate social behavior. What will our digital rights look like during these uncertain and evolving times? Will our current rights remain intact when the baton is passed on once again?
Make no mistake: privacy, liberty, and accountability are not partisan issues.
We've seen digital rights come under threat no matter which party controls the Oval Office. In 1995, we sued President Bill Clinton's Department of Justice to overturn unconstitutional export restrictions on encryption. We sued President George W. Bush over illegal domestic surveillance. We sued the Obama administration for mass surveillance of digital communications. And we expect to file new lawsuits in the next four years. Now, more than ever, we will fiercely resist any legislation, policy, regulation, ruling, or prosecution that would impinge on our civil liberties.
The first 100 days will set the tone for the rest of Mr. Trump's time in office. The transition team has laid out what they hope to accomplish over this period. Some of the things he and his team said have us preparing for the worst. Based on statements about surveillance, net neutrality, and press freedom, we anticipate attempts to undercut many of the hard-won protections for technology users and thwart efforts to reform broken laws.
But priorities tend to change, sometimes rather quickly. As Mr. Trump's appointees assume control of every federal agency, and as Congress settles on its balance of power, the new government's agenda will crystalize.
Today, EFF lays out how we will fight for your rights over those first 100 Days.
1. We will continue to defend digital rights in court.
If the Trump administration seeks to undermine the constitutional rights of technology users, our litigation team stands ready to go to court. We've fought wrongful surveillance and censorship orders for 26 years, and our decades of experience make us uniquely suited to challenge unconstitutional laws and executive orders. We've successfully fought for the ability of online service providers to reveal the existence of national security letters and forced the release of secret opinions from the Foreign Intelligence Surveillance Court. We'll also continue the legal challenges already underway: all 11 of EFF's active cases against federal agencies will be inherited by the 45th president's administration.
2. We will test and leverage the Freedom of Information Act.
EFF has a long history of using FOIA requests and lawsuits to force transparency on our secretive government, and we intend to wield this tool from the earliest days of Trump's presidency.
On day one, we will begin filing requests with the goal of assessing how his agencies will carry out the law and the new modest reforms passed by Congress last session. Over time, we will be demanding transparency from agencies within the Department of Justice, the Department of Homeland Security, and the intelligence community on a variety of issues, but especially on surveillance technology, litigating whenever necessary.
3. We will hold Silicon Valley accountable.
From the boardroom executives to the server-room sysadmins, tech companies need to decide whether they'll defend their users when the government comes knocking. EFF is sending a message: if you stand up for your users, then we'll stand up for you. That's why we began the year with a full-page ad in Wired magazine and a series of recommendations for the technology community. We plan to keep the pressure on tech companies—in public and through direct meetings. We will also keep building tools that will empower technology users to hold companies to account, and we will build and explore alternatives to a centralized, surveillance-friendly, Internet.
4. We will reach out to targeted communities to enhance their security and legal capabilities.
With the arrival of the Trump administration, we are going to dedicate more resources to help those most at risk. We will be providing even more free or at-cost security trainings to groups who may be subjected to increased surveillance under the Trump administration. We're reaching out to a wide range of activists, Muslim communities, immigrant communities, lawyers, security educators and others. We also will be working to support security educators. While it is impossible to provide trainings to everyone, we will reach out to groups that could significantly benefit. These trainings can help ensure those who dissent are better protected from surveillance.
Many of these groups worry about just how bad it could get if the surveillance apparatus of America's intelligence services are turned further inward onto domestic political groups. EFF has spent many years working across the world to help activists and dissidents in countries with repressive regimes, from Iran to Russia to China to Ethiopia to Vietnam to Kazakhstan, as well as advise those who might have already been targeted abroad by the United States. We have helped with advice, tools, exposés, and we have learned much from our partners. We are prepared to bring that knowledge home—while continuing to defend the rest of the world from the excesses of the American surveillance state.
We are also reaching out to organizations to provide our specialized legal expertise in defending free speech, surveillance, and privacy, building new relationships and deepening old ones. When their digital rights are threatened, we will stand up for them in court to challenge invasive policies and laws.
5. We will work on creating new security education materials.
Surveillance Self Defense has been our flagship security-training tool, providing in-depth, step-by-step guides to threat modeling, understanding different types of encryption, choosing tools that are right for you, and understanding their limitations. We will be expanding, updating, and sharpening these guides in the coming months, including better helping trainers and those in our tech-savvy community who are seeking to digitally protect friends or loved ones. And of course, we will continue to translate SSD into nearly a dozen languages, so that our message reaches people in need, no matter where they are or what language they speak.
6. We will work with the California legislature to resist federal government overreach.
California has never been in a stronger position to protect the rights of its citizens and residents. The governor and the legislature have drawn a line in the sand on a number of issues, including digital privacy. Right out of the gate, Senate President pro Tem Kevin de León introduced S.B. 54, the California Values Act, which would restrict how data collected by law enforcement is shared with the federal government in order to counter mass deportations, the creation of Muslim registries, and efforts to monitor the public. The bill would also require every state agency to review its confidentiality policies and only collect the bare minimum of information required to carry out its duties. EFF will work with a coalition of justice and community organizations to strengthen this bill, as well as other measures that the legislature may introduce. As the center of the global technology industry, we can also work here for legal changes that can improve user privacy in tech produced by California-based companies, no matter where in the world those users live.
7. We will build the ground game in Washington, D.C.
EFF has redoubled its effort to bring our expertise to Capitol Hill, with a larger team dedicated to knocking on doors in the halls of Congress. Since the election, we've connected with dozens of Congressional offices, advocating for our supporters and offering practical instruction on digital privacy. We're talking to our returning bipartisan allies, among them Sens. Ron Wyden and Rand Paul, who have already distinguished themselves by asking direct questions about mass surveillance from Trump's nominees. We are also meeting with returning members of Congress whose perspectives on civil liberties and digital privacy may have shifted over the course of tumultuous 2016. There are seven new senators to reach out to as well, including Sen. Kamala Harris, who represents California where EFF is based, and who has been appointed to two committees key to our issues: Homeland Security and Intelligence.
8. We will lead a campaign to end mass surveillance under Section 702 of the FISA Amendments Act.
Regardless of who occupies the White House, mass surveillance of Internet communications is unconstitutional. We are hopeful that even those who defended government surveillance under President Obama will rethink the wide set of surveillance tools that will be handed to the incoming Trump administration. As always, we will fight to protect users' privacy from government surveillance, including by supporting a warrant requirement for emails, pushing back on new government hacking powers, and calling for a sunset to national security surveillance authorities.
Section 702 of the FISA Amendments Act—one of the legal authorities used to justify the sweeping and warrantless Internet surveillance exposed by former government contractor Edward Snowden—is set to expire at the end of 2017. We are ready to fight alongside principled lawmakers to end this mass surveillance.
9. We will defend a free and open Internet.
There's ample reason to believe that Mr. Trump and his appointees, backed by members of Congress, will attempt to dismantle hard-fought net neutrality victories. With new membership, we are expecting the Federal Communications Commission to actively seek ways to roll back consumer privacy rights and allow Internet service providers to stealthily harvest your data so it can be packaged and resold to third parties without your permission. We are prepared to fight efforts to undo the Open Internet Order and allow cable and telephone companies to dictate the future of the Internet. We will continue to play a major role in building the movement to oppose any efforts to undermine Internet freedom in Congress, the Executive Branch, and in the courts.
10. We will cultivate a grassroots movement to defend digital rights in all 50 states.
We are planting seeds to grow dissent at the local level by encouraging and supporting movements to resist surveillance and censorship and to promote a free and open Internet in their own communities. Having launched nine months ago, the Electronic Frontier Alliance already has recruited more than 40 local organizations from over 15 states, which is a solid start toward our long-term goal to identify a group representing the alliance in every state in the country. While we won't have groups in every state within the first 100 days, we will prioritize expanding into new areas, including in the southern states, such as North Carolina, Georgia, and Texas. We are also committed to working across parties (and not just Republicans and Democrats) to ensure freedom of speech and your right to privacy both to protect you and defend our democracy.
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.
Copyright law touches everyone. But despite its constitutional mandate to serve the public, policymakers have often treated it as the private preserve of major media and entertainment industries. Those industries built entire empires on copyrighted works, and they've shaped the law to reflect their interests and desires. But with copyrighted software and digital technologies now integral to our daily lives, copyright affects everyone – and the law should serve all of us.
Today, copyright law not only impacts the music you hear or the movies you watch, it shapes your ability to communicate with others online, to create, post or share content to online platforms, to make art that talks back to popular culture, and to use, fix, and tinker with your own belongings. When copyright law is out of balance – when content holders are given too much power to control how new technologies and copyrighted works are used – it limits our basic freedoms to access information, to express ourselves, to control our own digital devices, and to innovate to create new tools and creative works.
Established content industries have long sought to use copyright law to expand their monopoly control over culture, pursuing longer copyright terms, for example, and attempting to dictate the design of new technologies that come into contact with creative works. These industries often use lobbying, litigation, and private agreements to reach their aims, and their campaigns sometimes harm the very progress and innovation that copyright is designed to encourage. But in recent years, Internet users, emerging artists, authors, independent musicians and filmmakers, students, researchers, libraries, and technology users have begun to push back.
Five years ago this week, a diverse coalition of Internet users, non-profit groups, and Internet companies defeated the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA), bills that would have forced Internet companies to blacklist and block websites accused of hosting copyright infringing content. Had they become law, SOPA and PIPA would have allowed established copyright industries to censor the web, and to constrain its innovative potential. They would also have increased the risk that both government and private entities could remove or block unpopular or critical speech from the Internet.
In the five years since SOPA, new threats have emerged, and we continue to fight alongside our allies to push back against proposals that would expand copyright's reach and trample on the public interest. But we're not only fighting against bad legal changes and private agreements that harm the public – we're taking part in the copyright reform process to fight for a better copyright law that serves everyone, not just established copyright industries.
As part of that work, each year we join together with a diverse range of organizations to advocate for a set of principles for making copyright law work for everyone. This year, we highlight two additional principles. One is that copyright law should reflect the needs of all authors and creators, not just those backed by established copyright industries. This means that conversations around copyright reform should also include the voices of online creators, bloggers, remixers, fan artists, independent musicians and filmmakers, and authors who rely both on internet platforms, and on the limitations on copyright in order to produce and share new works. Another principle is that in the face of increasing anxiety about the vulnerability of freedom of expression online, the relationship between copyright and free speech is more important than ever. We will pay special attention to how both government and private entities use copyright law to undermine Internet users' freedom of expression.
Here are this year's Copyright Week principles:
- Monday: Building and Defending the Public Domain. The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright policy should strive to promote, and not diminish, a robust, accessible public domain.
- Tuesday: You Bought It, You Own It, You Fix It. Copyright law shouldn't interfere with your freedom to truly own your stuff: to repair it, tinker with it, recycle it, use it on any device, lend it, and then give it away (or re-sell it) when you're done.
- Wednesday: Transparency and Representation. Copyright policy must be set through a participatory, democratic, and transparent process. It should not be decided through back room deals, secret international agreements, or unilateral attempts to apply national laws extraterritorially.
- Thursday: 21st Century Creators. Copyright law should account for the interests of all creators, not just those backed by traditional copyright industries. YouTube creators, remixers, fan artists and independent musicians (among others) are all part of the community of creators that encourage cultural progress and innovation.
- Friday: Copyright and Free Speech. Freedom of expression is fundamental to our democratic system. Copyright law should promote, not restrict or suppress free speech.
Every day this week, we'll be sharing links to blog posts and actions on these topics at https://www.eff.org/copyrightweek and at #CopyrightWeek.
If you've followed Copyright Week in past years, you may note that this year, we didn't designate a specific day to focus on fair use. Fair use—the legal doctrine that permits many important uses of copyrighted works without permission or payment—is critical to the law's ability to promote creativity, innovation, and freedom of expression. Fair use is a part of each of this year's principles.
As we said last year, if you too stand behind these principles, please join us by supporting them, sharing them, and telling your lawmakers you want to see copyright law reflect them.
Annual celebrations of the life and work of Reverend Dr. Martin Luther King, Jr. often lionize the civil rights era, rightfully focusing on its achievements.
But celebrations often overlook the federal government's attempts to "neutralize" the movement. While we remember Dr. King's many achievements today, we also must remember the documented and unfounded vilification by U.S. intelligence agencies that he, and others in the civil rights movement, endured.
As our nation approaches a new administration, led by a president-elect whose rhetoric has shown little respect for constitutional limits on executive power and armed with an entrenched surveillance state, that experience offers a prescient warning.
A movement in Memoriam
The emergence of the civil rights movement in the 1960s, its triumph over hate to establish desegregation and secure procedural voting rights, and the narrative of interracial struggle for justice—all reflect an inspiring legacy of a grassroots movement that aspired to hold America true to our founding values. As Dr. King succinctly exhorted, the movement called on America to "Be true to what you said on paper."
The movement was subjected to brutal violence, both by the assassination of its leaders and by the daily brutality of police and vigilantes reacting to the desegregation of public institutions. Dozens of civil rights activists from various backgrounds were murdered during this era, alongside hundreds—if not thousands—of African-Americans as young as 14 year-old Emmitt Till and 11 year-old Denise McNair, whose church in Alabama was bombed by extremists using violent terror to oppose racial integration.
The risks confronting supporters of civil rights grew so acute that the Supreme Court in 1958, in NAACP v. Alabama, granted members of organizations the right to anonymity under the association clause of the First Amendment. EFF cited that decision 55 years later, when we filed First Unitarian Church of Los Angeles v. NSA to challenge the contemporary mass surveillance regime (which we have fought in court since 2008) that turned the right to anonymity on its head.
Violent state suppression of speech
Throughout Dr. King's life, and for a decade (if not longer) beyond it, the FBI pursued what members of the U.S. Senate in 1976 described as "a sophisticated vigilante operation aimed squarely at suppressing…First Amendment rights of speech and association." Those operations, described in internal FBI files as COINTELPRO, have been forgotten by many Americans, but represent a key to understanding why the specter of mass surveillance threatens not only privacy, but also democracy.
For 40 years, FBI Director J. Edgar Hoover presided over a reign of intimidation and terror across Washington. Under his tenure, the FBI blackmailed members of Congress, and infiltrated organizations seeking everything from international peace to equal rights for women.
The Bureau's aim was not to guard national security from any external threat, but instead to "neutralize" constitutionally protected domestic dissent and people using their rights—including Dr. King. In addition to bugging his hotel rooms, monitoring his movements, and recording his liaisons, the FBI also tried to break up Dr. King's marriage and attempted to prompt his suicide.
Many Americans reacted to seemingly politicized FBI disclosures in the days before the 2016 presidential election with surprise. But the FBI has embroiled itself in partisan controversies since its very origins. From the Palmer Raids through the McCarthy era, from the Green Scare to its infiltration of labor organizing by farm workers, the FBI has a long history of investigating and undermining constitutional rights in the context of political movements.
Under Hoover's direction, the FBI achieved its written goal: the "neutralization" of domestic social groups speaking out to advance their views as protected by the First Amendment. Hoover's FBI achieved its goals with a fraction of the budget, staff—and none of the computing power—of the FBI today.
Continuing abuses
The story of the FBI's Next Generation Initiative provides a compelling example of how the Bureau's access to technology has increased its ability to undermine rights in secret. Starting by collecting biometric data of arrestees from local police departments around the country, originally for the stated purpose of identifying undocumented immigrants with criminal records eligible for fast track deportation proceedings, the FBI has built a fully operational facial recognition database including over 400 million records including biometric data of over 115 million Americans.
The Bureau's aspiration to build a comprehensive biometrics database was kept secret for years, and became public knowledge only after a federal court in 2013 forced disclosure of previously secret documents. Even after its plans became public, the FBI continued to resist legal restraints, lobbying for exemptions to federal privacy requirements.
The FBI's biometrics bait & switch is hardly unique. The Bureau played fast and loose with the facts again when claiming in 2016 that national security required it to force Apple to create a hack for a device platform that would place the security of millions of users at risk. Then, as now, encryption keeps us safe—whether from despotic regimes abroad (or at home), thieves, foreign state intelligence agencies, or the prying eyes of a neighbor. EFF was glad to see Apple choose user privacy over the ill-considered demands of intelligence agencies, and filed an amicus brief in support of Apple's position, noting how the FBI's demands violated the First Amendment in multiple ways.
Beyond hiding its biometric tracking scheme and trying to co-opt device manufacturers, the FBI has also helped extend secret surveillance across and throughout the U.S. For a decade, police departments around the U.S. deployed cell-site simulators (also known as IMSI-catchers or Stingrays) to spy on local cell phone networks without public oversight.
Only after a jailhouse lawyer discovered how the device had enabled authorities to identify him did the public learn about these devices, the latest versions of which are so powerful that they can hack phones, deny service, or plant malware on a device. While half a dozen states and the federal Department of Justice now require police to secure a judicial warrant before using a cell site simulator, only one state prohibits their offensive use.
Throughout the decade that local police kept Stingrays secret from policymakers, they did so at the behest of FBI agreements that required them to do so. The FBI imposed secrecy not only from the public, but even from judges. In multiple jurisdictions, FBI demands forced prosecutors to abandon cases rather than disclose to courts the origins of their evidence as required by Due Process principles.
The FBI also conducts its own surveillance activities, using powers including National Security Letters (NSLs) that have long been predictably abused behind walls of secrecy. We are proud to have challenged NSLs on behalf of organizational clients who recently revealed themselves after years of complying with illegitimate government gag orders that prevented them from informing Congress and the public about their experience.
Will past prove prologue?
Many have voiced concerns that the FBI's entrenched intelligence apparatus could expand under president-elect Trump. Even more dangerous is the specter of its potential politicization, given Trump's campaign statements reflecting his seeming eagerness to use state intelligence to advance his own political ends.
If politicized, surveillance can insulate a system from accountability from critics and dissidents. That's why the values offended by surveillance extend beyond privacy to also include dissent and democracy.
Communities organized around any number of pursuits—from advocacy to social services, recreation to religious practice—could find their opportunities dramatically diminished in an era when supporters must risk the ire of the state should they raise their voice.
Put another way: as long as the mass surveillance regime is available for the next (or any) administration to abuse, democracy hangs in the balance. The system has already been abused by individual agents and contractors to, for instance, spy on their ex-wives and lovers. They may be the canaries in the coal mine. The continuing potential for recurring abuse poses a threat to our entire political system.
A crucial opportunity
Against this backdrop, Congress enters 2017 with a critical deadline looming before it. A statutory pillar of the NSA and FBI's mass surveillance powers, Section 702 of the Foreign Intelligence Surveillance Act, is scheduled to expire at the end of the year. If Congress does nothing, the legal basis for the NSA's PRISM and Upstream collection programs (from which raw, unfiltered data became available to the FBI in the waning days of the Obama administration) will expire on December 31.
In years past, Congress has responded to reauthorization deadlines facing surveillance powers in a predictable pattern. After ignoring its oversight responsibilities for years, as the eleventh hour approaches before intelligence powers near their expiration, members cite national security concerns as a basis to ignore not only the need to conduct any oversight but also constitutional limits on executive power.
Congress has repeatedly extended executive surveillance powers without either determining whether they have actually helped security or how much they have undermined democracy by inhibiting participation in the political process. That pattern is poised to recur under the next administration.
Americans who share a stake in democracy can intervene to prevent these horrors by raising our voices in concert. United resistance has derailed congressional consensus in the recent past, and also driven crucial (if incomplete) policy reform in 2015 when Congress enacted the USA Freedom Act.
To fully honor Dr. King's legacy, we must bear witness not only to his courage, but also his vision, as well as his sacrifice. Rather than represent a comforting historical figure to assuage America of the burden to realize our founding values in practice, his example should sound a clarion call to resistance, a renewed commitment to hold America "true to what We said on paper."
The Guardian ran a sensational story on Friday claiming a backdoor was discovered in WhatsApp, enabling intelligence agencies to snoop on encrypted messages. Gizmodo followed up saying it's no backdoor at all, but reasonable, intended behavior. So what's really going on here?
The lost phone, lost message dilemma
The issue at question is WhatsApp's answer to the question of what applications should do when someone's phone number changes (or they reinstall their app, or switch phones).
Suppose Alice sends a message to Bob encrypted with Bob's key K1. Alice's message is stored encrypted at the server until Bob can connect and download it. This behavior is required for any app that allows asynchronous communications (meaning you can send a message to somebody while they are offline), which nearly all popular messaging apps support.
Unfortunately, Bob just dropped his phone in a lake. Later on, Bob gets a new phone and reinstalls WhatsApp. On this new phone, the app will create a new key K2. There are two possible behaviors here:
- Fail safe: The server can delete the queued message, since it was encrypted with K1, which no longer exists. Bob will never see the message. If Alice has turned on key change notifications, she will be warned that Bob is using a new key. She will be told that her message was not delivered and given the option to re-send it. This is what Signal does.
- Proceed: The server will tell Alice's phone that Bob has a new key K2, and to please re-encrypt the message for K2. Alice's phone will do this, and Bob will get the message. If Alice has turned on key change notifications, she will then be warned that Bob's key had changed. This is what WhatsApp does.
Note that the second behavior makes the service seem more reliable: it's one less way a message can fail to be delivered.
The issue here is that the second behavior opens a security hole: Bob need not have actually lost his phone for the server to act as if he has lost it. Acting maliciously, the server could pretend that Bob's new key is a key that the server controls. Then, it will tell Alice about this new key, but will not give Alice a chance to intervene and prevent the message from being sent. Her phone will automatically re-send the message, which the server can now read. Alice will be notified and can later attempt to verify the new fingerprint with Bob, but by then it will be too late.
By contrast, the first behavior of failing safe prevents this potential attack vector. As far as reliability, however, it also introduces a case in which messages could fail to be delivered.
What to do if you use WhatsApp
If you are a high-risk user whose safety might be compromised by a single revealed message, you may want to consider alternative applications. As we mention in our Surveillance Self-Defense guides for Android and iOS, we don't currently recommend WhatsApp for secure communications.
But if your threat model can tolerate being notified after a potential security incident, WhatsApp still does a laudable job of keeping your communications secure. And thanks to WhatsApp's massive user base, using WhatsApp is not immediate evidence of secretive activity.
If you would like to turn on WhatsApp's key change notifications, go into Settings → Account → Security, and slide "Show security notifications" to the right.
In defense of security trade-offs
The difference between WhatsApp and Signal here is a case of sensible defaults. Signal was designed as a secure messaging tool first and foremost. Signal users are willing to tolerate lower reliability for more security. As anybody who's used Signal extensively can probably attest, these types of edge cases add up and overall the app can seem less reliable.
WhatsApp, on the other hand, was a massively popular tool before end-to-end encryption was added. The goal was to add encryption in a way that WhatsApp users wouldn't even know it was there (and the vast majority of them don't). If encryption can cause messages to not be delivered in new ways, the average WhatsApp user will see that as a disadvantage. WhatsApp is not competing with Signal in the marketplace, but it does compete with many apps that are not end-to-end encrypted by default and don't have to make these security trade-offs, like Hangouts, Allo, or Facebook Messenger, and we applaud WhatsApp for giving end-to-end encryption to everyone whether they know it's there or not.
Nevertheless, this is certainly a vulnerability of WhatsApp, and they should give users the choice to opt into more restrictive Signal-like defaults.
But it's inaccurate to the point of irresponsibility to call this behavior a backdoor.
This is a classic security trade-off. Every communication system must make security trade-offs. Perfect security does no good if the resulting tool is so difficult that it goes unused. Famously, PGP made few security trade-offs early on, and it appears to be going the way of the dodo as a result.
Ideally, users should be given as much control as possible. But WhatsApp has to set defaults, and their choice is defensible.
Detecting bad behavior more easily with Key Transparency
Coincidentally, Google just announced the launch of its new Key Transparency project. This project embraces a big security trade-off: given that most users will not verify their contacts' key fingerprints and catch attacks before they happen, the project provides a way to build guarantees into messaging protocols that a server's misbehavior will be permanently and publicly visible after the fact. For a messaging application, this means you can audit a log and see exactly which keys the service provider has ever published for your account and when.
This is a very powerful concept and provides additional checks on the situation above: Bob and anyone else with the appropriate permissions will know if his account has been abused to leak the messages that Alice sent to him, without having to verify fingerprints.
It's important to note that transparency does not prevent the server from attacking: it merely ensures that attacks will be visible after the fact to more people, more readily. For a few users, this is not enough, and they should continue to demand more restrictive settings to prevent attacks at the cost of making the tool more difficult to use. But transparency can be a big win as a remedy against mass surveillance of users who won't tolerate any reduction in user experience or reliability for the sake of security.
Adding key transparency will not prevent a user from being attacked, but it will catch a server that's carried out an attack.
We are still a long way from building the perfect usable and secure messaging application, and WhatsApp, like all such applications, has to make tradeoffs. As the secure messaging community continues to work towards the ideal solution, we should not write off the current batch as being backdoored and insecure in their imperfect but earnest attempts.
As this year begins with a new president and new Congress taking power, more people than ever want to know how to make their voices heard in Congress. As the Legislative Counsel at EFF, my job is to help the organization and our supporters reach out to Congress more effectively. We've put together this guide in order to share some of our findings about how best to impact decisions in government. This represents years of trial and error at EFF as well as my own experience working in Congress and Washington, D.C. for a number of years before joining the organization.
What Is the Best Way to Communicate with Congress?
At EFF, we have had success asking our supporters to call their lawmakers, email them, and contact them over social media. Each tactic has its advantages and disadvantages, depending on the situation.
When an issue is time-sensitive—for example, a vote in the coming days—you have to pick up the phone and call your representative and two senators to voice your opinion. All other forms of communication such as emails, faxes, and letters take an office weeks to process before they are ever seen by a decision-maker.
Social media campaigns (Twitter campaigns, posts on lawmakers' Facebook pages, etc.) can also be powerful, both because they spread the word publicly and because many staffers are watching social media streams. Each tweet may not have as much impact as a phone call (and we recommend you do both), but when thousands of people participate at once, these campaigns can and do make a difference, particularly when elected officials are contemplating how an issue is covered by the press. Some members of Congress actively watch their own Twitter and Facebook feeds—there have even been times when lawmakers have directly referred to our social media campaigns in their arguments on the floor of Congress. One drawback of social media campaigns is that it can be difficult for lawmakers to tell which tweets are coming from their own constituents.
Twitter campaigns are sometimes the last option when there is very little time left before a vote. Phone calls are typically tallied at the end of the day, whereas an outpouring on Twitter might be noticed in real time the same day as a vote.
In more long-term situations—say, demanding oversight over a federal agency, supporting a bill that is not scheduled for a vote, or demanding that your elected official take a policy position—you can send in an email and meet with the district office (or Washington office if you are traveling there). EFF created a tool called democracy.io to make it as easy as possible for people to write to their members of Congress.
Quality is important: the more personal the communication, the more impact it has on the elected official's thinking. In our Action Center campaigns, we usually provide default text to use in your letter, but we encourage you to edit it to reflect your own experience. We've also seen that referencing recent news articles in your emails or letters can be helpful. Be sure that you also reference the specific bill number you're writing about, and say that you are a constituent. And if you have time, sending a physical letter through snail mail can add a personal touch.
Lastly, one of the most powerful ways to talk to a member of Congress is to attend their townhall meetings and speak to them directly. These are usually hosted when Congress is not in session (see the calendar for 2017 here) and are announced through the member's online newsletter, which you can subscribe to by visiting their website. Townhalls are typically announced 1 to 3 days before they are hosted, so you need to be vigilant. Meeting with staff at the district office or in Washington, D.C., is valuable in conveying public opinion. Those can be set up at any time simply by calling the office (every office line is listed on their congressional website) and asking for a meeting. Just make sure you are calling the right office (go here to look up your House representatives. and go here for your senators) because, again, they will only want to hear from their constituents. For more information on how to set up and prepare for a meeting with a congressional staffer, see our page on contacting Congress.
How are Congressional Offices Structured to Process Public Opinion?
Every member of Congress has two sets of offices, one in Washington, D.C., and district offices in areas where their constituents live. D.C. staffers are responsible for researching and advising senators and representatives on the hundreds of issues Congress covers each year. For virtually every bill that goes through Congress, each member will have a staffer responsible for researching and advising them on that bill. Staffers' advice is influenced by a variety of sources such as local press coverage, national press, research papers, personal experience, lobbyists, and most importantly, voter opinion back home. In addition to these policy staffers, every office has a group of staff who receive your communication (email, phone calls, or letters) and ensure that you get a response. See below for information on how to interpret those responses.
The district office is staffed by people who do "casework;" essentially, that means they work on helping voters back home navigate and understand the federal government services available to them. Sometimes a district staffer will also be the subject matter expert, but that's the exception. That doesn't mean your opinion won't be heard back home, though: district staffers are responsible for meeting with voters and delivering their opinions to the right staff who will help get you a response. If you want to meet with an office in person and don't plan to travel to D.C., you should meet with the district office.
Does My Member of Congress Read My Communication?
This is one of the most common questions we get about Congress. The answer is that it depends on the member. We can say two things for certain, though. First, Congress will never hear you if you never communicate with it. Second, every communication is read and processed in some manner to keep the member informed about what voters back home think.
I have personally worked for a member of Congress who read every single new letter that came to the office and was directly involved with staff-drafted responses. In other words, when a constituent wrote about an issue that was new to the office, the member read the letter and approved the response letter. Once the member's position on an issue was established, staffers could reuse previous responses. These are called form-letter responses.
To give an example of how this works, imagine going into the district office to meet with a staffer to voice your opinion on an EFF issue such as defending encryption. That district staffer may not know the details of the issue or what experts are saying, but they will take notes about your opinion and then send that to the D.C. office so that you get a response. Once your communication is received in D.C., the staff responsible for encryption as a policy matter will check if the member of Congress has taken a position in a form letter they approved and then will immediately send it your way. If they do not have an approved response, then the legislative staff responsible for the issue will be involved in writing a response for approval and will send it through a process to formalize the public statement of that member of Congress. At the end of that process, you can be sure that the written statement you receive represents their official position and that your communication is directly involved in the decision-making process.
Every letter, phone call, or email you send is absolutely critical because frankly, most people do not take the time to contact Congress. When people do rally in sizable numbers, no amount of special interest and campaign contributions can override the perceived opinion of voters back home and how that impacts an elected official's electoral concerns. The more confident a member of Congress feels in the number of people who will vote for them back home if they vote their way, the more resistant they become to opposing influence.
I Got a Response, What Does It Mean?
There are two kinds of letters congressional offices send back to voters. One is crystal clear about their position on the issue because they have settled on their opinion (though that can always be changed with enough of a push from voters back home) and the other is less clear. The "undecided" responses recite various facts about the issue and then conclude with stating that they will "keep your thoughts in mind" or something to that effect. These types of letters happen because the member of Congress remains undecided or simply does not want to take a public position at that time.
Until you have a firm commitment that is favorable to you established by your elected official, you should assume that you have to continue to advocate as a voter and organize others to do the same. Many issues worth fighting for do not get resolved quickly; they require sustained activism on the part of voters to really bring about change. That being said, movements that are persistent, motivated, and widespread regularly bring about changes in law or stop bad changes from happening in Congress. The only parties that do not want you to believe you can make change happen are the special interests that reside in D.C. because they depend on voters back home being silent.
How Do I Get Started and Join the Fight with EFF?
At EFF, we are preparing for the new congressional session and administration and will aggressively fight for your constitutional rights to privacy, free speech, as well as protecting a free and open Internet. However, all of our work depends on you augmenting our voice with your support. So please sign up for our action alerts, make those calls and send those emails when we put out the word, follow what is going on in Congress on our blog, and most importantly, organize your friends and family to join you in standing up for free speech, promoting innovation, and ending the surveillance state.
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text:
The Tourism Section provide the following supports and services:
- Administration of Tourism Grants Scheme
- Publication and distribution of the Laois Visitor guide
- Provide administrative and technical support to Festival Organisers and Public Events
- Work with the Laois International Golf Challenge Committee to assist with hosting an Annual International Golf Challenge
- Work with the Gordon Bennett Classic Car Committee to assist with the Annual Gordon Bennett Classic Car Run Festival Weekend
- Promote the Laois Garden Trail www.laoisgardens.ie
- Promote the Laois Heritage Trail
Emo Lake, Co. Laois
Welcome to the picturesque County of Laois located in the heart of the Midlands. Often overlooked as a tourist destination but the county's compact size makes it ripe for exploration. With so much to offer including a range of activities to its visitors from excellent golf courses to horse riding and fishing. Laois is also blessed with two fine rivers, the River Nore and the River Barrow both providing excellent angling. Hill walking and cycling are two other favourite pastimes, not to mention the glorious Slieve Bloom Mountains.The Laois Garden trail will showcase our beautiful gardens and the Laois Heritage Trail will guide you through the historic monuments and fine heritage of Co. Laois.
Laois County Council recognises the contribution that tourism makes to the lives of the people of the county and the economic benefits in terms of increased activity and visitor numbers. It supports the work of Laois Tourism a voluntary organisation who alongside the County Council work to promote the county as a festival and events destination and a vibrant county to visit and explore.
Laois County Council also works closely with Fáilte Ireland to promote Laois and the Irelands Ancient East Initiative.


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Preview scale: 21.0 x 18.0 inches. Show Rulers

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Vintage little girls doing chores on every day of the week.
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Shop unique pillows, tea towels, chairs and more home décor designed by Spoonflower's independent artists from around the world. Discover your one-of-a-kind piece today.
Create custom garments and accessories with any Spoonflower design.
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Here I am again with my scrapbooking hat on and I've a really fun page to share with you today on my blog and also over at The Memory Nest.
He just needed to get as wet as possible by jumping in the puddles and I just needed to take photographs! I knew they would make it onto a scrapbook page. And it's one of my all time favourites.
I chose some blue papers becuase it seemed appropriate for a page about water - although to be honest the puddle was more of a dirty brown!
Then I found the 'check this out' sticker and that influenced my choice of a complementary colour.
Some leftover stickers from the Disney themed Say Cheese collection fitted so perfectly with the joy and fun of this page. I finished the page off with some splatter stamping to help the flow from top to bottom.
Papers: AC, Oh Happy Life
Alpha: Lawn Fawn, Louie's ABCs
Stamps: SU, Touches of Texture, Gorgeous Grunge
Ink: Memento, pear tart; SU, night of navy
Punch: Martha Stewart, heart
Stickers AC, Remarks; Simple Stories, Say Cheese II
Embellishments: Doodlebug Sprinkles, blue jean asst.
If you pop over to The Memory Nest blog - here - you'll find lots more incredible ideas using this week's sketch. Hope you're inspired to join in and make a page or card of your own.
Thanks for your time today, I really appreciate your visit to my blog. And keep crafting!
Monday, 6 March 2017
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