August 13th, 2008
Defcon's over but MBTA wants gag order to remain
With negotiations between the EFF-represented MIT students and the Massachusetts Bay Transit Authority over a temporary restraining order at a standstill, the MBTA will go to court Thursday to ask for an extension of the temporary restraining order issued against the students this weekend. The current order expires Aug. 19.
The judge hearing arguments in federal court in Boston tomorrow at 11 a.m. is Judge George O’Toole, a different judge than the one who issued the TRO Saturday.
But the EFF’s free-speech arguments – that the restraining order constitutes a prior restraint on speech – appears to be behind MBTA’s request that the judge uphold the order but in a more restricted way, reports News.com.
The original scope is now somewhat ridiculous as the students’ presentation is widely available, since it was included on the conference CD, so the request is not to enjoin only the distribution of “nonpublic” information. MBTA wants the rest of the order – which included a ban on posting code – to remain.
Security researchers are paying close attention to this case because it could eventually set a precedent weighing their First Amendment rights to publish freely–against the desires of vendors to keep embarrassing and potentially explosive details secret.
Behind the scenes, MBTA tried to move the proceedings to nonbinding mediation but EFF has steadfastly declined that option. So stayed tuned tomorrow to hear the arguments on the new order.
