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<title>Techdirt. Stories about &quot;twitter&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories about &quot;twitter&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 17 May 2013 07:03:43 PDT</pubDate>
<title>Saudi Religious Police: Anyone Using Twitter 'Has Lost This World And His Afterlife'</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130516/07281823105/saudi-religious-police-anyone-using-twitter-has-lost-this-world-his-afterlife.shtml</link>
<guid>http://www.techdirt.com/articles/20130516/07281823105/saudi-religious-police-anyone-using-twitter-has-lost-this-world-his-afterlife.shtml</guid>
<description><![CDATA[ A couple of days ago Techdirt wrote about how Murong Xuecun, a well-known user of the Chinese microblog  Sina Weibo with over a million followers, had his account <a href="https://www.techdirt.com/articles/20130514/10145123081/critic-chinese-censorship-censored-microblog-with-11-million-followers-deleted.shtml">closed down</a> suddenly.   <a href="http://www.guardian.co.uk/world/2013/may/15/chinese-internet-censorship-campaign">Murong has now written a fine article about the background to what happened</a>: he points out that the deletion of his account looks to be part of a larger clampdown on the use of microblogging services by well-known figures who are critical of the Chinese government.  The problem for the latter is that these services are becoming a real channel for free expression and less-than-perfectly-censored information: 

<i><blockquote>Individuals are silenced on daily basis, and the pool of sensitive words grows by the hour: Liu Xiaobo, Gao Xingjian, Ai Weiwei, Wei Jingsheng, Liao Yiwu, Ma Jian, Mo Zhixu, Xiao Shu &#8230; The list goes on. It now includes me, as well as two more scholars who have since been silenced: Wu Wei and Wu Zuolai, whose accounts were deleted on the morning of 13 May. Lurking in the shadows, the "relevant organs" carry out such work as part of their daily routine, and expect people to remain silent. They have perhaps failed to foresee that in the age of Weibo, their actions could trigger such a severe backlash. To this, they responded with more censorship.</blockquote></i>

Given the problems that even China is having with controlling such services, it's no surprise that other nations are getting nervous.  Here's a story from the BBC about <a href="http://www.bbc.co.uk/news/world-middle-east-22543252">what Saudi Arabia is doing in an attempt to counter the threat from Twitter</a>:

<i><blockquote>The head of Saudi Arabia's religious police has warned citizens against using Twitter, which is rising in popularity among Saudis.
<br /><br />
Sheikh Abdul Latif Abdul Aziz al-Sheikh said anyone using social media sites -- and especially Twitter -- "has lost this world and his afterlife".</blockquote></i>

The Saudi authorities are evidently grappling with exactly the same issues as the Chinese government:

<i><blockquote>Many Saudis have seized on Twitter as the most immediate and effective way to open little windows into a traditionally opaque society.
<br /><br />
Recent protests in the Eastern Province have been tweeted and images of human rights activists on trial have been uploaded directly from courtrooms, challenging many taboos.</blockquote></i>

The situation in Saudi Arabia is complicated by the fact that <a href="http://www.bloomberg.com/news/2011-12-19/prince-alwaleed-kingdom-pay-300-million-for-strategic-stake-in-twitter.html">the well-known Saudi Prince Alwaleed bin Talal bought a $300 million stake in Twitter</a> back in 2011.  That doubtlessly explains in part <a href="http://edition.cnn.com/2013/05/07/world/meast/saudi-arabia-social-media">the following comments he made recently using his own Twitter account</a>, quoted in an article from CNN:

<i><blockquote>Dear Saudi Telecommunication Authority, social media is a tool for the people to make the government hear their voices. Just thinking of blocking them is a losing war, and a way to put more pressure on the citizens</blockquote></i>
 
As Twitter continues to gain market share -- already standing at a massive 51% of all Internet users in Saudi Arabia according to the CNN piece -- it will be interesting to see whose view prevails there: that of the religious police or a secular prince.
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130516/07281823105/saudi-religious-police-anyone-using-twitter-has-lost-this-world-his-afterlife.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130516/07281823105/saudi-religious-police-anyone-using-twitter-has-lost-this-world-his-afterlife.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130516/07281823105/saudi-religious-police-anyone-using-twitter-has-lost-this-world-his-afterlife.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-serious,-huh?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130516/07281823105</wfw:commentRss>
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<item>
<pubDate>Tue, 23 Apr 2013 16:29:00 PDT</pubDate>
<title>Double Blow Against Freedom Of Speech For Twitter Users In Turkey</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130417/04412522739/double-blow-against-freedom-speech-twitter-users-turkey.shtml</link>
<guid>http://www.techdirt.com/articles/20130417/04412522739/double-blow-against-freedom-speech-twitter-users-turkey.shtml</guid>
<description><![CDATA[ <p>
Techdirt has written a few times about Turkey's <a href="https://www.techdirt.com/articles/20100702/02573510056.shtml">difficult</a> relationship with new technology.  Unfortunately, it looks like that now includes Twitter, as two troubling decisions against users have been handed down recently.  Here's the first, as reported by the Turkish Web site <a href="http://www.hurriyetdailynews.com/turkish-court-recognizes-insult-over-twitter-as-criminal-offense.aspx?pageID=238&#038;nID=44812&#038;NewsCatID=341">H&uuml;rriyet Daily News</a>:

<i><blockquote>Model Nilay Dorsa had filed a criminal complaint against Tolga &Ccedil;am who posted a tweet mentioning Dorsa with "offensive content" in November 2011.
<br /><br />
&#8230;
<br /><br />
The court board said &Ccedil;am committed revilement crime by expressing his personal thoughts over Twitter and sharing them with public, considering Twitter as a media platform for the first time in Turkey.</blockquote></i>

That sets a bad precedent, since it means that writing on Twitter is now regarded as akin to publishing in a newspaper or magazine, with correspondingly severe punishments.  Indeed, only a few days later, the same argument was made when a suspended 10-month sentence for "insulting religious beliefs held by a section of the society" was imposed on the well-known Turkish pianist Fazil Say.  According to another story in H&uuml;rriyet Daily News, <a href="http://www.hurriyetdailynews.com/turkish-pianist-fazil-say-gets-10-month-suspended-jail-term-for-blasphemy.aspx?pageID=238&#038;nID=44926&#038;NewsCatID=341">the sentence was increased massively because he "published" his thoughts on Twitter</a>:

<i><blockquote>Say was initially handed eight months for "committing and insisting on committing a crime" before the court tacked on an additional four years because the artist voiced the insult through "a mode of publication."</blockquote></i>

Fortunately, the sentence was then reduced to 10 months, and suspended, but made subject to a five-year supervision period, during which time it could still be imposed.  A similar three-year supervision was imposed on &Ccedil;am in the case involving Nilay Dorsa, establishing a clear pattern that is likely to have a chilling effect on the use of Twitter in Turkey.
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130417/04412522739/double-blow-against-freedom-speech-twitter-users-turkey.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130417/04412522739/double-blow-against-freedom-speech-twitter-users-turkey.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130417/04412522739/double-blow-against-freedom-speech-twitter-users-turkey.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bad-precedents</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130417/04412522739</wfw:commentRss>
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<item>
<pubDate>Tue, 23 Apr 2013 14:41:00 PDT</pubDate>
<title>Fake Tweet And Algorithmically Twitchy Financial Markets Lead To Market Swing; But Is That So Bad?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130423/14043222810/fake-tweet-algorithmically-twitchy-financial-markets-lead-to-market-swing-is-that-so-bad.shtml</link>
<guid>http://www.techdirt.com/articles/20130423/14043222810/fake-tweet-algorithmically-twitchy-financial-markets-lead-to-market-swing-is-that-so-bad.shtml</guid>
<description><![CDATA[ Lots of people have been rightfully <a href="http://www.techdirt.com/blog/innovation/articles/20091222/1900557480.shtml">concerned</a> about just how much of the trading in the financial markets is done algorithmically via high frequency trading systems that execute trades faster than any of us can comprehend, based on various algorithms, trying to shave little bits and pieces of profit.  The key worry, of course, is that these algorithms can get into something of an infinite loop problem that spins the markets out of control.  We've had <a href="http://www.techdirt.com/articles/20100507/1224439341.shtml">momentary blips</a>, at times, that happened so quickly it wasn't even clear why they happened.  And now we have a case where <a href="http://www.bloomberg.com/news/2013-04-23/fake-report-erasing-136-billion-shows-market-s-fragility.html" target="_blank">overreacting to a fake tweet</a> may have briefly cost the financial markets $136 billion (yes, with a b).
<br /><br />
The story is that the Associated Press's twitter feed was hacked and a bogus tweet was posted, reading: "Breaking: Two Explosions in the White House and Barack Obama is injured."
<center>
<a href="http://imgur.com/5vtNho1"><img src="http://i.imgur.com/5vtNho1.jpg" width=400 /></a>
</center>
And off went Wall Street, sending the stock markets down quite rapidly.  Of course, after the report was quickly corrected and shown to be false, the market rapidly recovered -- though, in the down and upswings, it's likely some people lost a fair bit of money while others made out quite well.  Still, this raises a different set of questions even on top of the worries about high frequency trading, pertaining to the various inputs it receives.  Reacting to stories on Twitter is an interesting way to try to beat the news cycle.  Since so many stories break on Twitter first, it's no surprise that Wall Street is eagerly scanning the service for market-impacting news.  The real question is if anything can or should be done about this.  One argument is that we can leave it alone because it's self defeating.  If your system jumped the gun and traded down on this report, well, <i>good</i>, you deserve to lose money for trading on a bogus tweet.  Similarly, the fact that the market bounced back showed that it can self-correct fairly quickly, even if there are billions to be made and lost in between.
<br /><br />
For those who think this <i>is</i> a problem, the bigger question might just be: and, so, what do you do about it?  I'm just as worried as the next guy about the problems of such inter-connected, algorithmic trading systems spinning out of control, but I can't think of any way to prevent it that doesn't also lead to great collateral damage for more efficient or reasonable markets.  That doesn't necessarily mean there isn't an answer, but it doesn't appear that there's an obvious response, seeing as no one has introduced any.  In the end, it may be that this is just a fact of life.  People are always going to seek out ways to beat the market by being first.  And many times that will lead to great profits.  But sometimes, when a story like this comes out, you get burned.  Maybe that's perfectly reasonable.<br /><br /><a href="http://www.techdirt.com/articles/20130423/14043222810/fake-tweet-algorithmically-twitchy-financial-markets-lead-to-market-swing-is-that-so-bad.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130423/14043222810/fake-tweet-algorithmically-twitchy-financial-markets-lead-to-market-swing-is-that-so-bad.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130423/14043222810/fake-tweet-algorithmically-twitchy-financial-markets-lead-to-market-swing-is-that-so-bad.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-to-create-momentary-financial-havoc</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130423/14043222810</wfw:commentRss>
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<item>
<pubDate>Fri, 19 Apr 2013 16:30:00 PDT</pubDate>
<title>It's Not About Whether Amateur Internet Journalism Is Good Or Bad, But That It Happens And Will Continue To Happen</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130419/15484422771/its-not-about-whether-amateur-internet-journalism-is-good-bad-that-it-happens-will-continue-to-happen.shtml</link>
<guid>http://www.techdirt.com/articles/20130419/15484422771/its-not-about-whether-amateur-internet-journalism-is-good-bad-that-it-happens-will-continue-to-happen.shtml</guid>
<description><![CDATA[ There's been a lot of hand-wringing among the types of people who hand-wring about these things, that there was a flurry of activity on Reddit and Twitter late last night / early this morning believing that one of the suspects in the Boston Bombings was Sunil Tripathi, a Brown student who went missing last month (and, for what it's worth, when people thought it was him, folks from 4Chan started complaining that they had done the real sleuthing, and were pissed off that Reddit got the credit -- but, now that it turned out to be wrong, 4Chan seems happy to let Reddit take the heat).  Alexis Madrigal has <a href="http://www.theatlantic.com/technology/archive/2013/04/it-wasnt-sunil-tripathi-the-anatomy-of-a-misinformation-disaster/275155/" target="_blank">the basics</a> of the story, which has allowed the usual crew of folks who hate the concept of "citizen journalism" or whatever it's called today to whine about how awful "Reddit" journalism is.  Defender of legacy newspapers, Ryan Chittum, seemed particularly gleeful in <a href="http://www.cjr.org/the_audit/on_a_wild_night_of_news_a_rema.php" target="_blank">calling out that Reddit "fails again,"</a> and saying that the mainstream media did it right.
<br /><br />
Except, that's ridiculous.  Mathew Ingram points out that <a href="http://paidcontent.org/2013/04/19/reddit-boston-journalism-gets-better-when-more-people-are-doing-it/" target="_blank">people attacking Reddit for this are missing the point</a>, which is true by a wide, wide margin.  First of all, as he notes, mainstream news folks also got parts of the story wrong.  As we noted yesterday, the mainstream TV folks <a href="http://www.techdirt.com/articles/20130418/08282522750/major-medias-fine-job-confusing-everyone-about-boston-suspects.shtml">got a hell of a lot wrong</a>.  Hell, the NY Post even <a href="http://dish.andrewsullivan.com/2013/04/19/the-disgrace-that-is-the-new-york-post-ctd/" target="_blank">put the wrong two guys</a> on the cover and falsely claimed that the feds were seeking them.
<br /><br />
But the bigger problem is this idea that it's "Reddit" or, as some people have argued) <a href="http://www.washingtonpost.com/local/dc-politics/backpack-brothers-an-example-of-the-drawbacks-to-internet-sleuthing/2013/04/18/8c0ea9fa-a852-11e2-b8ad-87b8baf4531b_story.html" target="_blank">"the internet"</a> <b>against</b> the legacy media.  That's not true at all.  Everyone made mistakes during the rapidly changing story, but only on Reddit did you actually see the details of <i>the process</i>.  The legacy news organizations present things as if coming from a place of authority, while Reddit is like an open newsroom where anyone can jump in.  The conversation about Tripathi, for example, was about whether or not Suspect #2 was him -- it wasn't based on a declaration that it absolutely was him.  Furthermore, when you look at the reason <i>why</i> the story actually spread, it was after some more known "press" names retweeted the initial tweet from Greg Hughes, which claimed (incorrectly) that Tripathi's name went out on the police scanner (ironically, he posted that about a minute after posting "This is the Internet's test of 'be right, not first' with the reporting of this story").
<br /><br />
But here's the real issue: people can fret about all of this, but it doesn't change one thing: <b>this is going to happen and continue to happen</b>.  People are naturally curious and they're going to talk to people when there's a news story going on and they'll try to figure things out.  That happens all the time <i>in newsrooms</i> already before stuff goes on the air or is officially published.  It's just that the public doesn't see the process.  On Reddit, or anywhere else that the public can converse, it does happen in public.  The problem is to assume the two things are the same.  Furthermore, it's even more insane to blame "Reddit" or "the internet" as if those are singular entities that anyone has control over.  They're not.  As Karl Bode noted, they're just <a href="https://twitter.com/KarlBode/status/325318238189809664" target="_blank">massive crowds of people</a>.
<br /><br />
An even better point was made by Charles Luzar, who noted that <a href="http://www.twitlonger.com/show/n_1rjrt1g" target="_blank">"the crowd doesn't implicitly profess its empirical correctness like the media does,"</a> but rather admits quite openly that it's a process in action.  Further, he notes that even if the crowd presents false information before finding factual information, that's still "effective crowdsourcing" and, if anything, provides a greater role to the media to be effective curators of the actual facts.
<br /><br />
In the end, it seems likely that this incident will actually <i>help</i> a lot the next time there's a big breaking news story, because (hopefully) it will give people more reason to be at least somewhat skeptical of stories coming out, but it's not going to change the fact that groups on various platforms are going to talk about things, and often try to do a little sleuthing themselves.  Sometimes they'll get it right, and sometimes they won't -- just the same as many others.  It seems like a much better focus looking forward is in providing more training and tools to help the world be better at it.<br /><br /><a href="http://www.techdirt.com/articles/20130419/15484422771/its-not-about-whether-amateur-internet-journalism-is-good-bad-that-it-happens-will-continue-to-happen.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130419/15484422771/its-not-about-whether-amateur-internet-journalism-is-good-bad-that-it-happens-will-continue-to-happen.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130419/15484422771/its-not-about-whether-amateur-internet-journalism-is-good-bad-that-it-happens-will-continue-to-happen.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>look-forward,-not-back</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130419/15484422771</wfw:commentRss>
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<pubDate>Tue, 16 Apr 2013 20:08:55 PDT</pubDate>
<title>Unfortunate: Twitter Forces Flattr To Stop Its Twitter Integration</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130416/01322422720/unfortunate-twitter-forces-flattr-to-stop-its-twitter-integration.shtml</link>
<guid>http://www.techdirt.com/articles/20130416/01322422720/unfortunate-twitter-forces-flattr-to-stop-its-twitter-integration.shtml</guid>
<description><![CDATA[ Just a few weeks ago, we wrote about how Flattr had <a href="http://www.techdirt.com/blog/startups/articles/20130319/02242822371/flattr-makes-it-easier-than-ever-to-support-content-creators-just-favoriting-tweets.shtml">integrated</a> with services like Twitter and Instagram to make it incredibly easy to support content creators (including us!) by just favoriting a tweet.  Not surprisingly, in the first month after that went into effect, we saw a boost in revenue from Flattr.  Unfortunately, Flattr has now announced that <a href="http://blog.flattr.net/2013/04/twitter-is-forcing-us-to-drop-users-ability-to-flattr-creators-by-favoriting-their-tweets/" target="_blank">Twitter has forced the company to stop this integration</a>.
<br /><br />
Flattr had been using the Twitter API to figure out what people had favorited, and had been gathering data about the specific tweets.  However, Twitter told the company that it was violating section IV. 2 C from its <a href="https://dev.twitter.com/terms/api-terms" target="_blank">API terms</a>.  That term says that:
<blockquote><i>
Your advertisements cannot resemble or reasonably be confused by users as a Tweet. For example, ads cannot have Tweet actions like follow, retweet, favorite, and reply. And you cannot sell or receive compensation for Tweet actions or the placement of Tweet actions on your Service.
</i></blockquote>
It's that last part where the trouble came in.  Of course, it seems clear that that particular line in the terms of service was designed for situations where people are "selling" tweets or something similar.  Not for cases where a service like Flattr is helping people make money from supporters.  In response, Flattr even said that it would waive its standard 10% fee on any Flattrs that come via tweets.  Twitter told them it wasn't good enough.  Now, you can argue that "rules are rules," but rules need to make some sense.  And it's unclear what kind of sense this makes.  There's nothing about the way in which Flattr is using Twttier that is negative for Twitter.  It seems like a really nice and useful addition.  Obviously, we're somewhat biased, because it also helped us make a few bucks (not much, but some), but I can't see how it makes sense for Twitter to block this functionality.<br /><br /><a href="http://www.techdirt.com/articles/20130416/01322422720/unfortunate-twitter-forces-flattr-to-stop-its-twitter-integration.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130416/01322422720/unfortunate-twitter-forces-flattr-to-stop-its-twitter-integration.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130416/01322422720/unfortunate-twitter-forces-flattr-to-stop-its-twitter-integration.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that-sucks</slash:department>
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<item>
<pubDate>Tue, 9 Apr 2013 11:01:40 PDT</pubDate>
<title>Did Stephen Colbert And President Bill Clinton Violate The CFAA?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130409/08525322632/did-stephen-colbert-president-bill-clinton-violate-cfaa.shtml</link>
<guid>http://www.techdirt.com/articles/20130409/08525322632/did-stephen-colbert-president-bill-clinton-violate-cfaa.shtml</guid>
<description><![CDATA[ Last night, former President Bill Clinton joined Stephen Colbert on his TV show, <a href="http://www.colbertnation.com/full-episodes/mon-april-8-2013-bill-clinton" target="_blank">The Colbert Report</a>.  As many people have noted, at the very end of the program, Colbert told Clinton that he had taken the liberty of signing him up for a Twitter account, since Clinton does not currently use Twitter (he joked that he was afraid no one would reply to his tweets).  The Twitter account is <a href="https://twitter.com/prezbillyjeff" target="_blank">@PrezBillyJeff</a>, and Colbert sent Clinton's first tweet live while on the air.  If you're in the US or the one or two other places that Hulu actually works, you can see the exchange below (if you're elsewhere, blame Viacom for being stupid):
<center>
<iframe width="512" height="288" src="http://www.hulu.com/embed.html?eid=d1wybwrvf4lfqvtepqw1hq&#038;et=260&#038;st=146" frameborder="0" scrolling="no" webkitAllowFullScreen mozallowfullscreen allowfullscreen></iframe>
</center>
Of course, as we've been discussing this week, the CFAA is an awful bill concerning hacking, and <a href="https://www.techdirt.com/articles/20130406/22060922616/speak-up-fix-cfaa.shtml">needs to be reformed</a>.  A big part of the problem is that it appears to criminalize what seems like <a href="https://www.techdirt.com/articles/20130406/22004022615/which-ny-times-reporter-jenna-wortham-accidentally-reveals-how-she-violated-both-cfaa-dmca.shtml">every day</a> behavior, and the DOJ has interpreted the CFAA broadly.  While not all courts agree, the DOJ has argued that merely disobeying a website's terms of service means that you've violated the CFAA by accessing content either without authorization or by exceeding authorization.
<br /><br />
Let's jump over to Twitter's terms of service.  There, they clearly <a href="https://support.twitter.com/articles/18311-the-twitter-rules" target="_blank">forbid impersonation</a>:
<blockquote>
<b>Impersonation</b>: You may not impersonate others through the Twitter service in a manner that does or is intended to mislead, confuse, or deceive others
</blockquote>
Now, you could argue that Colbert registering an account for Clinton without his permission does not reach that level, but are you confident that someone else doing the same thing less publicly wouldn't run into problems if their tweets pissed someone off?  An account that many people believe actually belongs to Bill Clinton would be highly valuable.  Indeed, just overnight the account has racked up tens of thousands of followers.  In the meantime, it's not even entirely clear who actually controls the account.  Colbert registered it and tweeted from it.  Are any future tweets coming from Colbert or Clinton or someone else?  It's not difficult to make an argument that the account is intended to confuse others.  Furthermore, if Colbert is transferring the account over to Clinton, it means that Clinton never actually agreed to the terms of service in the first place.  Would that mean he is then abusing the use of the service?
<br /><br />
While they appear to now have been deleted, according to the Washington Post, after the inaugural post done live on the air, there were a series of other tweets in which it was <a href="http://www.washingtonpost.com/blogs/the-fix/wp/2013/04/09/stephen-colbert-starts-twitter-account-for-bill-clinton-video/" target="_blank">not clear if it was Clinton or Colbert tweeting</a>.  One had "Clinton" refer to "Colbert" as his new "BFF" and the tweets used the hashtag "#notColbertpretendingtobeme."  At the very least, there is clear confusion, and a regular person might assume that this is Bill Clinton tweeting.  If it's actually Colbert, it could be seen as a CFAA violation.
<br /><br />
Yes, this is a stretch -- no doubt about it.  But that's part of the problem with the CFAA.  It is so broadly worded that simple activities like these can be twisted into a violation should someone in power wish to do so.<br /><br /><a href="http://www.techdirt.com/articles/20130409/08525322632/did-stephen-colbert-president-bill-clinton-violate-cfaa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130409/08525322632/did-stephen-colbert-president-bill-clinton-violate-cfaa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130409/08525322632/did-stephen-colbert-president-bill-clinton-violate-cfaa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>another-day,-another-example</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130409/08525322632</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 3 Apr 2013 07:53:21 PDT</pubDate>
<title>Prince Sends A Takedown Over Six Second Vine Clips</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml</guid>
<description><![CDATA[ Ah, Prince.  The purple-loving musician has built up an irrational <a href="http://www.techdirt.com/blog/?tag=prince">hatred</a> for all things internet over the years, mostly focused on his belief that he should have 100% control over everything he has ever done.  He's gone after companies and fans for posting pretty much anything.  His music is also at the heart of the (still ongoing) <a href="http://www.techdirt.com/articles/20121016/01151320714/dancing-baby-video-fight-heads-back-to-court-will-bogus-takedown-finally-get-punished.shtml">Stephanie Lenz</a> case, in which Universal Music Group issued a copyright takedown on a <i>29-second</i> video with some Prince music in the background.  In that case, the court said that UMG needed to take fair use into account before sending the takedown.
<br /><br />
Given that, it seems rather surprising to find out that Prince is targeting even shorter clips -- including <a href="http://thenextweb.com/twitter/2013/04/02/twitter-gets-its-first-vine-related-copyright-complaint-from-princes-record-label/" target="_blank">six second clips on Vine</a>, the Twitter offshoot/acquisition, that allows people to post short video clips no longer than 6 seconds.  Vine has built up a decent following pretty quickly, and it's difficult to see how <i>anyone</i> could argue that music appearing in such a Vine video wouldn't be either fair use or de minimis use (or both).  But don't tell Prince that.
<br /><br />
The <a href="http://chillingeffects.org/dmca512c/notice.cgi?NoticeID=882061" target="_blank">DMCA takedown</a> comes from NPG Records, which is Prince's personal record label, and names eight Vine clips, which apparently have all been removed.  The notice was just sent on March 26, meaning we're still within the time frame in which someone could have filed a counternotice.  One hopes that counternotices are being filed, and (perhaps) that someone is willing to challenge Prince on claiming that such videos are not fair use.  Would he honestly claim that such a video harms the market for his music?<br /><br /><a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/18194922552/prince-sends-takedown-over-six-second-vine-clips.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>fair-use?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130402/18194922552</wfw:commentRss>
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<item>
<pubDate>Mon, 25 Mar 2013 12:54:07 PDT</pubDate>
<title>Blowhard UK MP Says Ban Twitter Because Grandstanding Is Fun</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130322/14124822420/blowhard-uk-mp-says-ban-twitter-because-grandstanding-is-fun.shtml</link>
<guid>http://www.techdirt.com/articles/20130322/14124822420/blowhard-uk-mp-says-ban-twitter-because-grandstanding-is-fun.shtml</guid>
<description><![CDATA[ <p>
The UK seems to have a rather interesting relationship with Twitter for some reason. For the purposes of this discussion, recall that UK police have <a href="http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml">demanded</a> the deletion of photos from the microblogging site before, in some attempt to have the internet forget certain things happened. Also, keep handy the knowledge that, in the UK, you can apparently be jailed for acting like a <a href="https://www.google.com/url?q=http://www.techdirt.com/articles/20120328/04254118274/uk-they-jail-people-being-obnoxious-jerks-twitter.shtml&#038;sa=U&#038;ei=t8VMUfqrLeaBywG7noDABg&#038;ved=0CAoQFjAB&#038;client=internal-uds-cse&#038;usg=AFQjCNE-jEa3BVzos0rBiKXP79b6GF5n8g">jackass</a> on Twitter.
<br /><br />
With that in mind, it's ironic that acting like a jackass in government gets you a job as an MP. Such is the case, at least, with George Galloway, who is calling for a <a href="http://www.pcr-online.biz/news/read/mp-plots-to-ban-twitter-in-the-uk/030525">ban on Twitter nation-wide until the site agrees</a> to fully cooperate with UK police in all of their many deluded demands.
<blockquote>
<i>Filing the motion named "Twitter and the detection of crime", the MP believes the social-networking site should defer to UK authorities or be sanctioned by the Government &ndash; those sanctions involving a ban on the service.</i>
</blockquote>
<blockquote>
<i>"Twitter is now a very widely used mode of social networking; is a US-based enterprise whose primary motivation is to maximise its profits; Twitter is now used for a variety of criminal activities including sending malicious communications," reads the filing.</i>
</blockquote>
Non-Brits like myself will recognize this tactic of wanting to ban services that don't bend over a barrel for local police, having seen it so many times with services like Craig's List. In the case of Twitter, the company <i>already</i> complies with police requests that are matters of life or death and does so voluntarily. What they don't allow is law enforcement to go on fishing expeditions in non-serious matters. Now, should you think that such petty action by UK LEOs is unlikely, please keep in your mind all the links provided above. Were I Twitter, I wouldn't want to open up that can of worms either.
<br /><br />
Luckily, that prevailing opinion is that Mr. Galloway is simply trying to draw media attention to himself. The Parliament's own website concurs.
<blockquote>
<i>"Although there is very little prospect of EDMs being debated, many attract a great deal of public interest and frequently receive media coverage," claims the website, whilst summarising, "The majority will attract only one or two signatures."</i>
</blockquote>
Given Mr. Galloway's rather, ahem, <a href="http://en.wikipedia.org/wiki/George_Galloway#Controversy">colorful history</a>, I suppose we shouldn't be surprised by such a move on his part. That said, fear not, my dear Brits, Twitter will remain for now.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130322/14124822420/blowhard-uk-mp-says-ban-twitter-because-grandstanding-is-fun.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130322/14124822420/blowhard-uk-mp-says-ban-twitter-because-grandstanding-is-fun.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130322/14124822420/blowhard-uk-mp-says-ban-twitter-because-grandstanding-is-fun.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-gonna-happen</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130322/14124822420</wfw:commentRss>
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<item>
<pubDate>Fri, 22 Mar 2013 19:39:00 PDT</pubDate>
<title>Twitter Sued For $50 Million In France For Protecting Identity Of Hateful Twitter Users (Even Though It Deleted The Tweets)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml</link>
<guid>http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml</guid>
<description><![CDATA[ Last year the Union of Jewish French Students (UEJF) sued Twitter, because a bunch of people in France start tweeting ridiculous anti-semitic tweets as some sort of weird anti-semitic hashtag became popular in France:
<blockquote><i>
Last October, the UEJF sued Twitter after the hashtag "#unBonJuif" (French for "#aGoodJew") became the third most popular trending topic on Twitter in France. With so many tweets indexed under that hashtag, many users took the opportunity to post Holocaust jokes, racially charged statements (e.g. "#aGoodJew is a dead jew"), photos of dustpans filled with dust, and even calls to kill more Jews.
</i></blockquote>
Even though it's a strong defender of free speech, Twitter agreed to remove the tweets in question as offensive.  As someone who is Jewish and who is quite offended by anti-semitism, I still think this was the wrong move.  Censoring ignorant speech does nothing to fix things.  Ignorant speech should be countered with non-ignorant speech.  That said, Twitter made its decision and removed the tweets.
<br /><br />
Turns out, that wasn't enough.  The UEJF demanded the identities of everyone who tweeted such anti-semitic remarks.  Twitter refused, but lost in court.  Afterwards, it still refused to pass along the info, and so the UEJF has now <a href="http://www.ibtimes.com/print/twitter-sued-50-million-after-refusing-identify-authors-racist-anti-semitic-tweets-1145609" target="_blank">filed a second lawsuit, seeking $50 million</a>.
<blockquote><i>
&#8220;Twitter is playing the indifference card and does not respect the ruling,&#8221; Hayoun told AFP. &#8220;They have resolved to protect the anonymity of the authors of these tweets and have made themselves accomplices to racists and anti-Semites.&#8221;
</i></blockquote>
Either that or they're pushing back against a lynchmob mentality, and protecting at least some precepts of free speech and an expectation of privacy.  What's incredible, frankly, is that while Europe is known to have less respect for free speech principles than the US, it tends to have <i>greater</i> respect for privacy rights.  Apparently not in this case, however.
<br /><br />
Twitter has put out a statement suggesting that the UEJF is much more interested in using this <a href="http://www.cbsnews.com/8301-205_162-57575776/twitter-hit-with-$50m-suit-over-anti-semitic-tweet-data/" target="_blank">for publicity purposes</a> than anything else:
<blockquote><i>
"We've been in continual discussions with UEJF," a Twitter spokesperson told CNET. "As yesterday's new filing shows, they are sadly more interested in grandstanding than taking the proper international legal path for this data. We are filing our appeal today, and would have filed it sooner if not for UEJF's intentional delay in processing the court's decision."
</i></blockquote>
Even more ridiculous is that it appears that it's not just Twitter being sued, but <a href="http://phys.org/news/2013-03-french-jewish-students-legal-action.html" target="_blank">Twitter CEO Dick Costolo</a>.  If this all sounds vaguely familiar, that may be because a decade ago, Yahoo faced a similar ridiculous situation, in which both the company and its CEO were <a href="http://www.techdirt.com/articles/20020226/1545208.shtml">charged as war criminals</a> (no joke!) because Yahoo's <i>non-France</i> websites sold some Nazi memorabilia (they blocked it on Yahoo's French sites).  At some point, people bringing these kinds of lawsuits have to realize how counterproductive they are.  I'm extremely sympathetic to their offense at the ignorant tweets, but their legal actions take away all of that sympathy.<br /><br /><a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130322/14295922421/twitter-sued-50-million-france-protecting-identity-hateful-twitter-users-even-though-it-deleted-tweets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>i-may-not-like-what-you-say,-but-i'll-fight-for-your-right-to-say-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130322/14295922421</wfw:commentRss>
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<item>
<pubDate>Wed, 13 Mar 2013 17:44:43 PDT</pubDate>
<title>The Killing Of Google Reader Highlights The Risk Of Relying On A Single Provider</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130313/17262322315/killing-google-reader-highlights-risk-relying-single-provider.shtml</link>
<guid>http://www.techdirt.com/articles/20130313/17262322315/killing-google-reader-highlights-risk-relying-single-provider.shtml</guid>
<description><![CDATA[ Every few months, Google has been "shutting down" various offerings they feel are under-used, in an effort to regain some focus.  Many of these are uncontroversial, though a few have been surprising and freaked some users out.  Many, for example, were surprised and upset when Google announced it was phasing out iGoogle.  But today's news that it <a href="http://googlereader.blogspot.com/2013/03/powering-down-google-reader.html" target="_blank">is shutting down Google Reader</a> took many, many people by surprise.  My Twitter feed blew up with people freaking out about it.  For those who use it, many really rely on it for their daily information gathering process.  I know the feeling, because I used to do that -- though a few years ago I shifted to mostly using Twitter via a well-organized Tweetdeck, and found that to be just as (if not more) effective, though a somewhat different overall experience that took some getting used to.
<br /><br />
Still, a very large number of folks I know feel like they practically <i>live</i> inside Google Reader -- and I know (for example) that Google Reader is a huge driver of traffic to this site, so I get the feeling many of you use Google Reader as well.  The thing that seems to have so many folks upset is the fact that there <i>really aren't any comparable alternatives</i> if you want that same basic experience.  In fact, you could argue that Google effectively killed off many of those alternatives.  Back in the day there were things like Newsgator and Bloglines, but both were effectively  marginalized or pushed into other markets because Google Reader really did become the de facto standard RSS reader that so many used and relied on.
<br /><br />
Anyway, I have a few separate thoughts on all of this and might as well go through them bullet point style:
<ul>
<li> This highlights the problem of <b>relying too much on a single provider</b> when there are few alternatives.  As such, I wonder if Google may not realize the wider impact of this move.  For example, it has me directly rethinking how much I rely on Google Calendar, Google Drive and Gmail.  Now, I don't think any of those are going away any time soon, but not too long ago (um, yesterday, according to some...) you could have said the same exact thing about Reader.  I'm now planning to do a more serious personal audit of services I use and how reliant I am on a single provider, and start making sure I have working alternatives in place and ready to go.  In the end, this will certainly make me a lot less tied to Google's services, which is probably a good thing, but probably <i>not</i> the sort of thing Google is hoping its users will be doing.
</li><li> As mentioned, personally, I moved away from RSS readers to a purely Twitter/Tweetdeck approach to consuming news.  It took a few months of doing both, but when I shut down the RSS reader, I never looked back.  It's a different experience, but has some benefits.  But, what that suggests is that <b>if people are looking for a culprit for what brought us to this moment, Twitter is the prime suspect</b>.  Yes, Twitter and RSS are <i>different</i> in many significant ways.  But, in terms of the basic <i>user benefit</i> that people get out of both ("my stream of news &#038; info"), they clearly compete.
</li><li> The lack of serious alternatives <b>represents a <i>serious opportunity</i> for someone enterprising</b>.  Believe it or not, before Google Reader even launched we at Techdirt had <i>built our own</i> RSS reader, called the Techdirt InfoAdvisor, that functioned quite a lot like Google Reader, but which had some other really useful features for us internally and for some of our business clients (we would use it to curate accounts for clients, with added commentary from us).  Eventually, we shut it down, because (as Google has discovered), it's actually a <i>lot of work</i> to maintain something like that for a variety of reasons, and soaks up tremendous resources.   Still, my first reaction was to joke that maybe we should dust off our old code, put it up and see if anyone wanted to use it.  We're not likely to do that (unless all of you start throwing money our way), but someone else likely is going to jump into this space quickly.  They may not build a huge business out of it, but I'd bet if they weren't looking for VC-style hockey stick returns, that someone could build a decent business out of it.
</li><li> It is always interesting to look at product lifecycles, but most of the time when online products die off, the writing was on the wall long before it happened.  This one struck me as a surprise since so many people relied so heavily on it, and it seems really abrupt and likely to upset the basic workflow of so many -- especially in the journalism and academic fields.  I can respect the reasons for killing off a "non-essential" product, but it feels like Google seriously underestimated the level to which people had built Google reader into their daily lives.
</li></ul>
It wouldn't surprise me, given how loud the backlash is, if Google extends the deadline for shutting down Reader, or if it eventually tries to work out some sort of alternative resolution.  We saw the same thing, to a lesser extent, back when AskJeeves tried to shut down Bloglines (the Google Reader of its day before Google Reader existed).  And, eventually, Ask sold it off to another company who apparently has kept it running (though, who knows how many users it has today).  I think that experience actually pushed a bunch of Bloglines users to jump to Google on the assumption that Google Reader was safe.  You would think that someone within Google would remember how that whole thing played out.  It's surprising that they don't appear to have learned anything from it.<br /><br /><a href="http://www.techdirt.com/articles/20130313/17262322315/killing-google-reader-highlights-risk-relying-single-provider.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130313/17262322315/killing-google-reader-highlights-risk-relying-single-provider.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130313/17262322315/killing-google-reader-highlights-risk-relying-single-provider.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>leaves-open-an-opportunity</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130313/17262322315</wfw:commentRss>
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<item>
<pubDate>Thu, 28 Feb 2013 03:38:51 PST</pubDate>
<title>Google, Facebook And Twitter Ordered To Delete Photos By UK Law Enforcement</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml</link>
<guid>http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml</guid>
<description><![CDATA[ It seems that, once again, the UK is going censorship crazy and not realizing how that only <a href="http://www.techdirt.com/articles/20110524/08550814413/insanity-rules-uk-judge-says-mass-revealing-ryan-giggs-name-means-injunction-is-even-more-necessary.shtml">attacts more attention</a> to that which they're trying to censor.  This time, it involves some photos that were posted online of one Jon Venables, who at the age of 10, <a href="http://en.wikipedia.org/wiki/Murder_of_James_Bulger">murdered 2-year old James Bulger</a>, in a rather horrifying story.  Venables was released from jail in 2001, at the age of 19 (though he has since gone back to prison).  Photos of Venables, now 30 years old and apparently using a new identity to avoid his past, appeared online.  The UK apparently wants a right to forget the <i>fact</i> that Venables did what he did, and seems to think that there should be no additional public consequences.  Attorney General Dominic Grieve has <a href="http://www.guardian.co.uk/media/2013/feb/25/attorney-general-action-pictures-bulger-killers" target="_blank">said he's going to take legal action against anyone posting the photo</a>, and has gone even further in telling Google, Facebook and Twitter that they need to <a href="http://www.guardian.co.uk/media/2013/feb/26/google-facebook-twitter?CMP=twt_gu" target="_blank">magically delete any and all such photos</a> that appear via their services.
<br /><br />
It appears that at least Twitter has pushed back a little bit, pointing out that it will take down images if the law requires it <i>upon notification</i>, but that it cannot and will not monitor every one of its users to prevent them from posting the image:
<blockquote><i>
Sinead McSweeney, Twitter's director of public policy in Europe, the Middle East and Africa, said she did not wish to be drawn into commenting on individual accounts.
<br /><br />
She added: "We work with law enforcement here in the UK. We have established points of contact with law enforcement in the UK where they communicate with us about content, they bring content to our attention that is illegal, and appropriate steps are taken by the company. You may read into those words what you wish in context of the current [issue]."
<br /><br />
McSweeney, who appeared alongside officials from Google and Facebook, said Twitter could not be expected to proactively monitor what is published on its social network across the globe each day. She added: "It's important that people increasingly understand that online is no different to offline: what is illegal offline is illegal online."
</i></blockquote>
You can argue that it's unfair for Venables, under his new identity, to be connected back to what he actually did, though I'm not sure I buy that argument.  But, it's taking it to a whole different level to then seek to prosecute people for merely posting a photo to their social network feed.  They then take it to an entirely ridiculous level to order that third party service providers actively police and censor this particular photo.  And, of course, all this is doing is calling much, much, much, much more attention to the photo.  A lot more people are now seeing the photo than would have if people had just ignored the original postings.<br /><br /><a href="http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130227/12295722141/google-facebook-twitter-ordered-to-delete-photos-uk-law-enforcement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-internet-police</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130227/12295722141</wfw:commentRss>
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<pubDate>Thu, 14 Feb 2013 09:52:53 PST</pubDate>
<title>Bizarre 'Attribution' Troll Bullies Twitter Users Into Compliance With Baseless Legal Threats</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130211/20400521946/bizarre-attribution-troll-bullies-twitter-users-into-compliance-with-baseless-legal-threats.shtml</link>
<guid>http://www.techdirt.com/articles/20130211/20400521946/bizarre-attribution-troll-bullies-twitter-users-into-compliance-with-baseless-legal-threats.shtml</guid>
<description><![CDATA[ My apologies ahead of time for the length of this piece, but anything shorter wouldn't do the subject justice. I will, however, provide plenty of pictures and blockquotes. This post deals with a strange copyright troll, which bullies people into properly attributing a quoted poem. The troll runs across multiple social media platforms but does a bulk of its "work" at Twitter, where it can receive instantaneous feedback. Along the way, we'll deal with the poet himself, a company called On Press Inc. and some other connections which seem to indicate the poet himself is behind the trolling, along with a threatened lawsuit against me for copyright infringement, defamation and false claims.
<br /><br />
It starts out simply enough. As a contributor to this site, I was doing the sort of thing we do in our downtime -- running a Twitter search for the term "infringement." The search results were dominated by tweets from an account that looked exactly like this one.
<br />
<center><img alt="" src="http://i.imgur.com/47yntfr.png" style="width: 500px; height: 304px;" /></center>
<p>
Only it wasn't this one. The account I saw had this name: <a href="http://twitter.com/xsaonpress" target="_blank">@xsaonpress</a>.</p>
<p>
When I returned the next day, I was greeted with the message that the above account had been suspended. Odd. So, I searched again, only this time using the keywords "tongues" and "glass," -- two words in the title of the poem in question -- and found that On Press was still in business.</p>
<p>
<center><img alt="" src="http://i.imgur.com/Uw2ffk1.png" style="width: 500px; height: 774px;" /></center></p>

<p>
On Press Inc., supposedly a division of <a href="http://knopf.knopfdoubleday.com/" target="_blank">Knopf Publishing</a> (according to its Twitter profiles), was running a search of its own and issuing tweet after threatening tweet to anyone who dared publish a short (really short -- under 140 characters) poem by reclusive poet, <a href="http://www.poemhunter.com/shaun-shane/biography/" target="_blank">Shaun Shane</a>, without attribution. The entire poem reads as follows:
<blockquote>
<i>"If only our tongues were made of glass, how much more careful we would be when we speak."</i></blockquote>
This poem's claim to fame is its use in the Invisible Children/Kony 2012 campaign. The link presented by On Press during these Twitter blowups is an <a href="https://twitter.com/invisible/status/197067812865445888/photo/1" target="_blank">Invisible Children-branded photo</a> that quotes the poem <i>and</i> gives proper attribution, albeit a possibly belated one. On Press' blood was first stirred up by a <a href="http://www.huffingtonpost.com/2012/04/20/invisible-children-cover-the-night_n_1440379.html" target="_blank">Huffington Post story about Invisible Children back in April of 2012</a>, which led to this angry comment from On Press:
<blockquote>
<i>The Organization Invisible Children has plagiarized and thus committed copyright infringement ( which is illegal) on their website and on their Twitter account, a work by Shaun Shane. Exemplifying the criticism against them that they do not research their facts and have sloppy journalist methods. (Here is a link: http://www.invisiblechildren.com/) and to the Twitter post (https://twitter.com/#!/Invisible/status/196433854851055618/photo/1)</i></blockquote>
After sending out an ignored invitation (via direct message) to discuss these "tactics," I decided to <a href="https://twitter.com/TimCushing/status/299287346342404096" target="_blank">throw out some bait</a>.
<br /><br />
Soon, I was receiving the same set of tweets I'd seen filling up my search results the night before. On Press, utilizing one of its <i>many, many</i> Twitter accounts, gave me its usual combination of Shaun Shane info and legal threats. On Press has a very shaky grasp on IP law, but it doesn't let its ignorance stop it from trotting out nearly every term (plagiarism, theft) imaginable in hopes of quick compliance.
<br /><br />
The first false claim it makes is that Twitter will shut down an account for a single infringement violation. Not true. Twitter <i>may</i> shut down an account for <i>multiple</i> cases of infringement, but a single report won't result in the removal of an account, as is <a href="https://twitter.com/tos" target="_blank">clearly stated in the Twitter terms of service</a>. (On Press has also made claim that this process will shut down an account in 4 hours. You may laugh at this one.)
<blockquote>
<i>Twitter will also terminate a user's account if the user is determined to be a <b>repeat infringer</b>.</i></blockquote>
If the proper steps are followed (via the DMCA form), the offending Tweet will simply be "withheld," with a notice replacing the original Tweet. Finally, On Press delivers this bizarre phrase:</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/HTnhtqF.png" style="width: 500px; height: 95px;" /></p>
</center>
<p>
For an entity so concerned with copyright infringement, it certainly doesn't seem to understand the terminology it's throwing around. "Libel" and "liable" are nowhere close to each other in definition, and you'd think an entity this concerned with infringement would know the difference (or at least be able to spell the one it actually means).
<br /><br />
Then there's On Press Inc itself, which has its own issues. As you can see from its profile photo, On Press claims to be a division of Knopf Publishing. However, we contacted Knopf Publishing for comment and they said that there is no division of Knopf called On Press Inc.  On Press has apparently decided an appearance of Shane's poem in a <a href="http://celebratepoetry.tumblr.com/post/21875771215/tongues-made-of-glass" target="_blank">Poem-A-Day-Celebration hosted by Tumblr and Knopf</a> allows it to add Knopf's name to its profile... and the large publisher's weight to its fight against unattributed use, despite no official connection to the company.
<br /><br />
On Press also utilizes multiple simultaneous Twitter accounts, in violation of the <a href="https://support.twitter.com/articles/18311-the-twitter-rules" target="_blank">Twitter Rules</a>.
<blockquote>
<i><b>Serial Accounts</b>: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Twitter Rules is cause for permanent suspension of all accounts.</i>
</blockquote>
In <i>one </i>night, my interactions with On Press Inc. included input from the following accounts: <a href="https://twitter.com/copyrightdept" target="_blank">@copyrightdept</a>, <a href="https://twitter.com/vesoaonpress" target="_blank">@vesoaonpress</a>, <a href="https://twitter.com/vseawonpress" target="_blank">@vseawonpress</a>, <a href="https://twitter.com/wasweonpress" target="_blank">@wasweonpress</a>, <a href="https://twitter.com/xaswonpress" target="_blank">@xaswonpress</a> and <a href="https://twitter.com/xseionpress" target="_blank">@xseionpress</a>. All accounts sported the same On Press logo and spouted the same tweets. One could try to make a claim that these accounts are not "disruptive" or "abusive" (and I'd <i>love </i>to watch them make that claim), but there's little doubt On Press Inc's multiple accounts are "overlapping." (@vseawonpress is the <i>only</i> account not suspended at the time of this writing.)
<br /><br />
Now, although I was receiving the same stream of misspellings and misinformation from On Press as the other users posting Shaun Shane's (unattributed) poem, I wasn't seeing any signs of life. I was pretty much convinced it was a bot running multiple accounts. To test that theory, I called out On Press on the false claims directed my way, specifically the assertion that Twitter would delete my account for a single violation. To my surprise, it provoked a very human reaction.</p>
<center>
<img alt="" src="http://i.imgur.com/bZ7lIbO.png" style="width: 500px; height: 203px;" /></center>
<p>
So, there <i>was</i> a human behind the account, one who handily provided a link to the terms of service that <i>directly contradicted</i> what he had just said. (I've shifted pronouns, but an explanation is on the way.)
<br /><br />
Once I had his/its attention, I pointed out On Press' suspicious behavior -- namely, the multiple suspended accounts linked to its name.</p>
<center>
<img alt="" src="http://i.imgur.com/6GqMz1J.png" style="width: 500px; height: 193px;" /></center>
<p>
On Press responded with this blast of angry tweets, stating that <i>Twitter itself</i> generated these accounts for it.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/B7O9iNe.png" style="width: 500px; height: 639px;" /></p>
</center>
<p>
It shouldn't need to be said, but this claim is completely false. Mike contacted Twitter to ask about whether or not, as On Press claims, it creates thousands of automatically generated accounts for companies with which to harass infringers, and (no surprise) Twitter said there is no truth to this claim.
<br /><br />
I attempted to gather more information, but my overtures were rejected. At one point, an On Press account mentioned it performed this "service" for "other authors" but refused to name any. It also failed to cough up a usable URL that might indicate On Press Inc exists outside of multiple Twitter accounts.
<br /><br />
Shortly thereafter, the accounts went ballistic, showering me with a long list of legal threats.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/c6o3IVA.png" style="width: 500px; height: 514px;" /></p>
</center>
<p>
This was prompted by its discovery of a tongue-in-cheek review of the <i>only</i> book On Press has for sale, <a href="http://www.amazon.com/review/RVOPTWIHQE9NH/ref=cm_cr_dp_title?ie=UTF8&ASIN=1467522619&channel=detail-glance&nodeID=283155&store=books" target="_blank">one I had posted earlier that night</a>. (You may notice a second review has suddenly appeared -- from the same person who showed up to criticize my review.)
<br /><br />
Again, On Press made several dubious claims, including the ridiculous suggestion that Twitter would surrender my IP address to the police on the strength of a fake review <i>posted on an entirely different site</i>. It also seemed to feel that the Feds would be interested simply because I was using a computer.
<br /><br />
However, he/it wasn't kidding about one thing: "legal prosecution." The morning following this bizarre conversation with On Press (Feb. 8th), Techdirt received a phone call seeking to confirm that I "worked for Techdirt," with the "lawyer" on the phone saying that he wished to serve me with a lawsuit (at Techdirt's headquarters) for "copyright infringement, defamation of character and making false claims."
<br /><br />
To date, nothing has been filed, despite the voicemail implying the lawsuit was already filed. But here's the great thing about legal threats: nothing being served to this point <i>doesn't</i> mean nothing ever will. The possibility still exists and the potential plaintiff is free to file anytime before the statute of limitations expires. This is likely a bluff, but it carries enough weight to make any future direct interaction with On Press ill advised, to say the least. This leaves him/it free to aggressively pursue those posting the poem without attribution, without worrying that I might ruin the fun by pointing out its false claims.
<br /><br />
With the threat of a lawsuit still hanging overhead, I'm simply going to present my findings, all backed up with screenshots and/or links, with a minimum of speculative commentary.
<br /><br />
<b>The On Press Inc. "Network"</b>
<br /><br />
First off, let's address the "him/it" issue. On Press Inc. seems to exist solely as multiple accounts spanning several social media platforms. Running a search will serve up a few hits on <i>existing</i> businesses with the same name, but I have confirmed that these are unrelated to this bizarre attribution trolling.
<br /><br />
<b>A Poem Is Nothing</b>
<br /><br />
Shane's book is print-on-demand. Amazon doesn't list it this way, <a href="http://www.abebooks.com/servlet/SearchResults?afn_sr=gan&kn=shaun+shane&lkid=j28638937k118316&pfxid=a_1565288563&pubid=k118316&sortby=17&tn=A+Poem+Is+Nothing" target="_blank">but other booksellers do</a>. So, there's no pile of unsold paperbacks sitting in an On Press warehouse. This may explain why there's so little effort made to provide infringers with a "buy" link during the barrage of tweets and comments.
<br /><br />
The On Press Twitter horde usually presents two links. One of them leads to this video displaying "proof" that someone (d/b/a On Press, Inc., with no address displayed) holds the copyright to "Tongues Made of Glass." (The other links to the Invisible Children photo.)</p>
<center>
<iframe allowfullscreen="" frameborder="0" height="375" src="http://www.youtube.com/embed/GL_BUE-kGyw?rel=0" width="500"></iframe></center>
<p>
Now, a video like this could be made by literally <i>anyone</i> (with hands) and hardly presents a solid case for On Press' claim to Shaun Shane's poem. None of his work has been registered at the US Copyright office, either by himself or by On Press (or by <i>anyone</i>, actually). This limits any legal liability for infringement to actual proven damages, making the threat of a lawsuit slightly more tolerable.  Also, the claims made at the end of the video, which appear to be a bastardization of the typical "copyright policies" found on sporting events, saying no copies can be made "without written consent of the publisher," overstates the powers given under copyright law in ignoring the possibility of fair use or other exceptions to copyright law.
<br /><br />
Interestingly, the voice on the "copyright" video sounds nearly identical to Shaun Shane himself. Shane has a very distinctive cadence and tone to his voice, as evidenced by this live performance.</p>
<center>
<p>
<iframe allowfullscreen="" frameborder="0" height="375" src="http://www.youtube.com/embed/hYmzICCp3mQ?rel=0" width="500"></iframe></p>
</center>
<p>
[Shane's voice also bears heavy, heavy resemblance to that of James Roth ("representing On Press Incorporated"), the caller who contacted Techdirt about serving me with the lawsuit.]
<br /><br />
So, is On Press simply Shaun Shane, reclusive poet <i>and</i> attribution seeker? He'd certainly be the person most interested in enforcing this. His <a href="http://www.poemhunter.com/shaun-shane/biography/" target="_blank">impossibly glowing bio at PoemHunter puts Shane in Schrodinger's Box</a>, theorizing that he's dead ("...<i>had become terminally ill and his re-emergence was to reinforce the ethic of Pure Poetry or Truly Modernist Poetry before his death</i>..."), before theorizing in the opposite direction a few sentences later ("<i>though it is believed, if he is still alive, he lives on the West Coast...</i>") One of the On Press Twitter accounts I dealt with claimed Shane was dead and had willed that his work be used to raise money for various children's charities. (Too bad no one's trying to sell that book...) <a href="http://pinterest.com/pin/279997301804738948/" target="_blank">This claim is echoed at Pinterest</a>, where the same sort of attribution-badgering occurs.<br />
<br />
<b>Mike Miche</b>
<br /><br />
Whether Mr. Miche is real or simply Shaun using another name remains to be proven. (It does share a Shaun Shane-like bit of alliteration.) <a href="http://pinterest.com/onpress/activity/" target="_blank">Miche patrols Pinterest</a>, sending users who re-pin this photo the same sort of messages as the Twitter accounts do, only without the character limit.
<br /><br />
Miche also sports the same shaky legal grasp and penchant for baseless threats.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/fv15aa7.png" style="width: 499px; height: 338px;" /></p>
</center>
<p>
Here Miche chases down a user (who deleted her tweet) and continues harassing her at her Pinterest account, claiming that people like her using an unattributed quote can "cause untold billions of dollars of lost [sic] for companies who support and publisher [sic] Authors [sic... again] works." Miche also seems to make the claim that she's legally responsible for any retweets (a claim echoed in return by the On Press Twitter accounts).
<br /><br />
Also of note: <a href="https://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=725583" target="_blank">the single DMCA notice</a> attributed to On Press was issued by Mike Miche. The notice has the sender's name redacted, but a <a href="http://duckduckgo.com/?q=%22mike+miche%22+%22on+press%22" target="_blank">duckduckgo search reveals Miche's name in the search results</a>. If this is <i>really</i> Shaun Shane, he's either using false information to file DMCA notices, or Mike Miche is his real name (Shaun Shane is a pseudonym, according to his bio).<br />
<br />
<b>Alexandria Hopewell</b><br />
<br />
<a href="https://www.facebook.com/profile.php?id=100000120590417" target="_blank">Hopewell</a> has sent out similar messages to Facebook users, again seeking attribution and using identical wording.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/9stbmy5.png" style="width: 418px; height: 590px;" /></p>
</center>
<p>
There are a few differences that might indicate she was just "pitching in" with the attribution push ("This Poem is our copyrighted property your use of it uncredited to him constitutes thief."), but by and large, it resembles missives issued at other platforms. <br />
<br />
A followup on one post <a href="https://www.facebook.com/soulseeds/posts/185915534888412" target="_blank">switches from "informative" to "pissed off" instantly when challenged</a>, much like my earlier interactions with Shaun/On Press did when I refused to play ball:
<blockquote>
<i>We send and deal with 1000's of take down notices every day. Hardly do we need your amateurish insight into what constitutes legal and effective enforcement of our Copyright .</i></blockquote>

Hopewell is a <i>real</i> human being, however, and is very definitely <i>not</i> Shaun Shane. She has <a href="https://plus.google.com/102240974978461427677/about" target="_blank">an account at Google+</a>, and her writing there doesn't bear much resemblance to what's posted on Facebook. There is <a href="https://plus.google.com/102240974978461427677/posts/9hVxiTMf4dn" target="_blank">a <i>very</i> interesting interaction on her timeline</a> that indicates "Shaun Shane" is probably alive.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/TF191fG.png" style="width: 500px; height: 337px;" /></p>
</center>
<p>
A user named "<a href="https://plus.google.com/106949125235767878026/posts" target="_blank">Sean Seans</a>" refers to himself as "Shaun" and tells her he loves and misses her. And that Sean Seans/Shaun is also busy <a href="https://plus.google.com/106812356268467376471/posts/hFDkzyCBCWn" target="_blank">chasing down wrongdoers</a> posting unattributed poems.</p>
<center>
<p>
<img alt="" src="http://i.imgur.com/scMKny0.png" style="width: 500px; height: 469px;" /></p>
</center>
<p>
<b>Anne Murphy</b><br />
<br />
<a href="https://www.facebook.com/anne.murphy.90226" target="_blank">Anne Murphy</a> has also <a href="https://www.facebook.com/jennysookie/posts/525830334113110" target="_blank">made posts on Facebook</a> concerning Shane's poem and seems to be located in Texas (at least judging from the locations of most of her Friends). The wording is almost identical to the Facebook posts by Alexandria Hopewell, suggesting the same author wrote them. She has also <a href="http://www.youtube.com/user/annemurphy171?feature=watch" target="_blank">uploaded a few videos of Shaun Shane performances to YouTube</a>. (Interestingly, the phone number on the caller ID from the call by "James Roth" to contact Techdirt is registered to Anne Murphy and also to a vegetable farm, the O.P. Murphy Produce Company -- both in Texas.  Also worth noting: there does not appear to be a "James Roth" listed on the Texas state bar.  If whoever called is not, in fact, a lawyer, they might want to familiarize themselves with Texas law <a href="http://codes.lp.findlaw.com/txstatutes/PE/8/38/38.122" target="_blank">38.122</a> which makes it a felony to impersonate a lawyer.)<br />
<br />
But that's not all. Shane/On Press also <a href="https://www.google.com/search?q=tumblr+%22on+press+inc%22&oq=tumblr+%22on+press+inc%22&aqs=chrome.0.57j0l3j62l2.5331&sourceid=chrome&ie=UTF-8" target="_blank">stalks Tumblr with multiple accounts</a> (some of which are filled with work-from-home scam posts), issuing the now-familiar statements demanding attribution. A search for the terms <a href="https://www.google.com/search?q=tumblr+%22on+press+inc%22&oq=tumblr+%22on+press+inc%22&aqs=chrome.0.57j0l3j62l2.5331&sourceid=chrome&ie=UTF-8#hl=en&tbo=d&sclient=psy-ab&q=%22shaun+shane%22+%22on+press%22&oq=%22shaun+shane%22+%22on+press%22&gs_l=serp.3..35i39.50581.57432.1.57668.24.24.0.0.0.0.218.3654.0j22j2.24.0.les%3B..0.0...1c.1.2.serp.tX9sCnpefEY&psj=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&bvm=bv.42261806,d.aWM&fp=cecfd734039d8d45&biw=902&bih=854" target="_blank">"Shaun Shane" and "On Press"</a> also brings up hits on several other platforms. On Press/Shane is very busy, though (as far as I can see) never seems to direct anyone towards buying the actual book.
<br /><br />
He has also ramped up the aggression, perhaps as a result of his "successful" legal threat. The On Press Twitter interactions were never pleasant, but the latest ones have a decidedly malevolent tone that's undercut slightly by the sheer number of false claims they contain. It doesn't help that the poem is most frequently tweeted by teens -- a demographic On Press/Shane seems to enjoy hurling threats towards.
<br /><br />
On Press now threatens to <a href="http://storify.com/TimCushing#stories" target="_blank">contact the police, sue parents and hold teens responsible for any retweets their followers send out</a>. Here's a few choice quotes:
<blockquote><i>
"know that you can be track by your ip address and that your parents will be the one's who are sued since you are a minor..."
<br /><br />
"know that the average cost is $4000.00 per instance but that is times the number of follwers you have, or the number people who are exposed to your illegal post..."
<br /><br />
"...but if you were bright you wouldn't have been stupid enought to tweet the poem in the first place..."
<br /><br />
"WE don't care if you care. Your account will be terminated that is all that matters to us. We are indifferent to your feelings about it. your just some dumb kid."
</i></blockquote>
There are some interesting legal theories mixed up in there that we have not seen before.  I particularly like the idea that infringement is multiplied by the number of followers you have.  This would appear to be an entirely novel interpretation (by which I mean "wrong") of <a href="http://www.law.cornell.edu/uscode/text/17/504" target="_blank">17 USC 504</a>, which has always been clear that the amount of statutory damages paid is <i>per work</i> infringed, not by the number of people who saw the work.
<br /><br />
So, what's the point? Why should we care? On Press/Shane is just seeking attribution. It's not like he's sending out settlement letters. Well, for starters, this is <i>not</i> how the system is supposed to work. Those concerned about infringement are directed to Twitter's DMCA form, which to date, On Press has used only once. Apparently, this method is much less satisfying than the instant feedback one gets while hounding Twitter users (even going so far as to follow them to other platforms, as Mike Miche [above] did).
<br /><br />
I'm not pissed off that On Press circumvents a system many rights holders find inefficient. <b>I'm pissed off that On Press deceives people about its relationship with a major publisher, using that as leverage to harass users with a variety of baseless threats</b>. It doesn't help that the users receiving the most abuse are teenagers who did nothing more than post a quote they liked, who are then threatened with arrest and lawsuits against their parents in return.
<br /><br />
I'm pissed off that <b>On Press is fighting a battle it can't win</b> utilizing bullying tactics. It seems to want respect, but keeps forgetting respect is something you earn -- not something you beat into people. People may start to respect the stick, but they'll never respect the entity wielding it.
<br /><br />
Furthermore, if I was a rights holder hoping to protect my creations, I'd be pissed off that someone out there is doing serious damage to copyright itself with a scorched earth policy of baseless threats and vindictive bullying. It makes it <i>that much</i> harder to fight infringement when any existing level of respect has been torn down by another's overly aggressive tactics.
<br /><br />
Finally, if I'm Shaun Shane, and I'm <i>not</i> behind this? <b>I'm fucking furious</b>. Any potential legacy or possibility of expanding my audience has been absolutely <i>destroyed</i> by someone who has used my name to harangue internet users across multiple platforms, utilizing angry missives filled with misspellings, deception, baseless legal threats and a very dangerous misunderstanding of IP law in general.
<br /><br />
And Shaun, if this is actually you? You're only hurting yourself and your reputation by hammering unwitting Twitter users (among others) for this act of omission. There's nothing wrong with seeking proper attribution. But there are so many methods that work better than this. You can't stop unattributed quotes from flying around the internet. You can't even slow it down.
<br /><br />
Do you seriously think anyone's going to Google a tweet to make sure it doesn't belong to someone else before retweeting it? Do you really think people are going to Google "Shaun Shane" unless you bring it up first? Pinterest users, right or wrong, aren't going to do a reverse image search before repinning. Sure, it sucks that stuff strays so far from the original creators, but that's the price you pay for unprecedented access to millions of creative works.
<br /><br />
But the benefits outweigh the negatives. Unprecedented access works both ways. You can connect with potential fans and customers in ways that simply weren't possible 10 years ago. If you're only going to see the worst aspects, you'll never be anything more than a set of empty words and threats, spat endlessly into a void, covered in vitriol and self-righteousness. You've crafted a poem with viral possibilities but you're only interested in slamming every door shut as soon as it opens. This final perspective doesn't make me angry. It just makes me sad. There's so much potential but you're too angry to see it. You, and only you, can turn this around.
<br /><br />
<b>Additional/supportive links and info.</b><br />
<br />
<a href="http://storify.com/TimCushing#stories" target="_blank">My Storify account</a>, where I will continue to collect interactions between On Press Inc. and Twitter users.<br />
<br />
<a href="http://2timegrime.imgur.com/" target="_blank">Album of On Press-related screenshots</a>. (Just in case stuff starts disappearing...)<br />
<br />
<a href="https://docs.google.com/document/d/18I41rRXKOGWiRrFWweGxvMlEktzGwwHZZEUyTperWEs/edit?usp=sharing" target="_blank">Google Doc containing more links and various notes</a>. (Collected evidence, likely a work-in-progress.)
</p><br /><br /><a href="http://www.techdirt.com/articles/20130211/20400521946/bizarre-attribution-troll-bullies-twitter-users-into-compliance-with-baseless-legal-threats.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130211/20400521946/bizarre-attribution-troll-bullies-twitter-users-into-compliance-with-baseless-legal-threats.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130211/20400521946/bizarre-attribution-troll-bullies-twitter-users-into-compliance-with-baseless-legal-threats.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>tongue-not-made-of-glass</slash:department>
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<item>
<pubDate>Mon, 28 Jan 2013 16:04:04 PST</pubDate>
<title>Google Explains How It Handles Government Requests For Data; Why Don't More Companies Do This?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130128/03292721806/google-explains-how-it-handles-government-requests-data-why-dont-more-companies-do-this.shtml</link>
<guid>http://www.techdirt.com/articles/20130128/03292721806/google-explains-how-it-handles-government-requests-data-why-dont-more-companies-do-this.shtml</guid>
<description><![CDATA[ Just recently, we pointed to Google latest Transparency Report, which showed a <a href="http://www.techdirt.com/articles/20130123/12032021768/government-demanding-more-more-info-google-users-without-any-oversight.shtml">massive increase</a> in requests for info on users from government agencies.  However, it also showed that a much lower percentage of such requests were being honored, raising some questions about how Google handled such requests.  Well, wonder no more (or, at least, wonder a little less) as Google has now <a href="https://www.google.com/transparencyreport/userdatarequests/legalprocess/" target="_blank">explained the process by which it handles such requests</a>, going into a fair bit of detail (you have to click through) in terms of the legal requirements and how Google handles different types of requests, and what data Google may be compelled to reveal.  However, in an accompanying blog post, Google makes clear that it often pushes back:
<blockquote><i>
When government agencies ask for our users&#8217; personal information&#8212;like what you provide when you sign up for a Google Account, or the contents of an email&#8212;our team does several things:<br />
<br />
<ul>
<li>We scrutinize the request carefully to make sure it satisfies the law and our policies. For us to consider complying, it generally must be made in writing, signed by an authorized official of the requesting agency and issued under an appropriate law.</li>
<li>We evaluate the scope of the request. If it&#8217;s overly broad, we may refuse to provide the information or <a href="http://googleblog.blogspot.com/2006/03/judge-tells-doj-no-on-search-queries.html">seek to narrow the request</a>. We do this frequently.</li>
<li>We notify users about legal demands when appropriate so that they can contact the entity requesting it or consult a lawyer. Sometimes we can&#8217;t, either because we&#8217;re legally prohibited (in which case we sometimes seek to lift gag orders or unseal search warrants) or we don&#8217;t have their verified contact information.</li>
<li>We require that government agencies conducting criminal investigations use a search warrant to compel us to provide a user&#8217;s search query information and private content stored in a Google Account&#8212;such as Gmail messages, documents, photos and YouTube videos. We believe a warrant is required by the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable search and seizure and overrides conflicting provisions in ECPA.</li>
</ul>
</i></blockquote>
This is definitely good to see -- and lots of other companies should do the same thing.  However, it still remains an issue that governments can, and do, get lots of information with limited oversight -- even when companies <a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml">push back</a>.
<br /><br />
Speaking of which, Twitter also came out with its latest <a href="https://transparency.twitter.com/" target="_blank">transparency report</a>, which highlights the <a href="https://transparency.twitter.com/information-requests-ttr2" target="_blank">information requests</a> it gets as well.  Both companies are really leading the way on transparency here, but it's a shame that these stories are even newsworthy, rather than the way most large companies act.<br /><br /><a href="http://www.techdirt.com/articles/20130128/03292721806/google-explains-how-it-handles-government-requests-data-why-dont-more-companies-do-this.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130128/03292721806/google-explains-how-it-handles-government-requests-data-why-dont-more-companies-do-this.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130128/03292721806/google-explains-how-it-handles-government-requests-data-why-dont-more-companies-do-this.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>be-transparent</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130128/03292721806</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 28 Jan 2013 05:30:46 PST</pubDate>
<title>Court Again Says It's Okay For The Feds To Snoop Through Your Digital Info Without Telling You</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml</link>
<guid>http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml</guid>
<description><![CDATA[ You may recall that in its quixotic attempt to go after Wikileaks, the US government has been snooping through the private communications of a bunch of folks they're trying to connect to the organization, including Icelandic politician Birgitta Jonsdottir and Jacob Appelbaum, who gets <a href="http://www.techdirt.com/articles/20110112/16054412641/customs-hamfisted-attempts-to-intimidate-wikileaks-volunteers.shtml">detained</a> and harassed every time he re-enters the country.  All of this <a href="http://www.techdirt.com/articles/20110107/16134312575/feds-subpoena-twitter-info-wikileaks-supporting-icelandic-politician.shtml">came to light</a> only because Twitter actually <a href="http://www.techdirt.com/articles/20110110/01084212585/kudos-to-twitter-not-just-rolling-over-when-us-govt-asked-info.shtml">stood up</a> to the US government and refused to just hand over info that was requested using the obscure <a href="http://www.law.cornell.edu/uscode/18/usc_sec_18_00002703----000-.html">2703(d)</a> process.  Twitter also got the court to allow it to reveal the existence of the order (something that every other company which has received one has kept secret).  A court eventually <a href="http://www.techdirt.com/articles/20111113/01194816754/court-decision-forcing-twitter-to-give-up-info-wikileaks-associates-challenged-europe.shtml">ruled</a> that Twitter had to hand over the requested info.
<br /><br />
Following this, Jonsdottir, Appelbaum and one other person, Rop Gonggrijp, (represented by the ACLU and the EFF), chose not to challenge that ruling, but <i>did</i> appeal concerning the secrecy around the order -- asking the court to have the specific 2703(d) order unsealed -- arguing that they have the right to access judicial documents about themselves.  However, last week, an appeals court <a href="http://www.aclu.org/technology-and-liberty/appeals-court-rules-secrecy-twitterwikileaks-case" target="_blank">rejected that appeal</a>, and basically said that the feds can sniff through your digital data without your knowledge, and, well, too bad if you don't like it.
<br /><br />
Even though the court did find that 2703(d) orders are "judicial records," which could make them subject to a right to access, they then claimed that, well, when the government investigates things, it should be able to do so in absolute secrecy, and who really cares about pesky little things like oversight or a right to know about it.
<blockquote><i>
Subscribers' contentions fail for several reasons. First, the record shows that the magistrate judge considered the stated public interests and found that the Government's interests in maintaining the secrecy of its investigation, preventing potential subjects from being tipped off, or altering behavior to thwart the Government's ongoing investigation, outweighed those interests.
<br /><br />
Further, we agree with the magistrate judge's findings that the common law presumption of access to &sect; 2703 orders is outweighed by the Government's interest in continued sealing because the publicity surrounding the WikiLeaks investigation does not justify its unsealing. The mere fact that a case is high profile in nature does not necessarily justify public access.... Additionally, Subscribers' contention that the balance of interests tips in the public's favor because the Government approved the disclosure of the existence of its investigation by moving the district court to unseal the Twitter Order is adequately counterbalanced by the magistrate judge's finding that the "sealed documents at issue set forth sensitive nonpublic facts, including the identity of targets and witnesses in an ongoing criminal investigation."
</i></blockquote>
The government gets to peer deeper and deeper into our lives, and we're less and less able to even know about it.<br /><br /><a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130126/01134421795/court-again-says-its-okay-feds-to-snoop-through-your-digital-info-without-telling-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-old-4th-amendment</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130126/01134421795</wfw:commentRss>
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<pubDate>Wed, 23 Jan 2013 23:08:00 PST</pubDate>
<title>Concerns Raised About Aaron Swartz's Prosecution And The Wikileaks Connection</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130122/18260621757/concerns-raised-about-aaron-swartzs-prosecution-wikileaks-connection.shtml</link>
<guid>http://www.techdirt.com/articles/20130122/18260621757/concerns-raised-about-aaron-swartzs-prosecution-wikileaks-connection.shtml</guid>
<description><![CDATA[ Let's state upfront that a lot of what's in this post is conjecture based on a few pieces of information out there.  I'm not convinced that it presents enough evidence of an actual connection.  However, a bunch of folks have been talking about this (and submitting it here), so we wanted to raise the issue to see what people thought, and if there was any other information that could confirm or deny some of the conjectures in the piece.  As far as we can tell, some of the timing is a bit odd, but it could very well be a coincidence.  We'd love to have the full story if there was one, but federal prosecutors -- especially those under media scrutiny -- aren't known for suddenly opening up about these sorts of things.  Given that, we thought we'd post some of the details of the discussion for the sake of continuing the discussion and seeing if anyone had anything more conclusive, either showing a connection between Aaron Swartz's prosecution and Wikileaks... or debunking it.
<br /><br />
We've already discussed how Wikileaks bizarrely <a href="http://www.techdirt.com/articles/20130122/09584421752/wikileaks-reveals-aaron-swartz-may-have-been-source-wise-move.shtml">outed Aaron Swartz</a> as a <i>possible</i> source, and that's leading to other speculation as well, including a question as to whether or not the grand jury investigation into Swartz was really <a href="http://www.emptywheel.net/2013/01/19/the-fishing-expedition-into-wikileaks/" target="_blank">more about the fishing expedition against Wikileaks</a>, rather than the whole MIT/JSTOR effort.  The Emptywheel blog (linked above) notes that Swartz's defense indicated it was aware of a much deeper investigation concerning Swartz that went beyond MIT and JSTOR to Twitter, Google, Amazon, the Internet Archive and possibly more -- and asked the government to <a href="https://www.documentcloud.org/documents/560619-gov-uscourts-cand-256701-48-0.html" target="_blank">turn over</a> such materials:
<blockquote><i>
<p>These paragraphs request information relating to grand jury subpoenas. Paragraph 1 requested that the government provide &#8220;[a]ny and all grand jury subpoenas &#8211; and any and all information resulting from their service &#8211; seeking information from third parties including but not limited to Twitter. MIT, JSTOR, Internet Archive that would constitute a communication from or to Aaron Swartz or any computer associated with him.&#8221; Paragraph 4 requested &#8220;[a]ny and all SCA applications, orders or subpoenas to MIT, JSTOR, <strong>Twitter, Google, Amazon</strong>, Internet Archive or any other entity seeking information regarding Aaron Swartz, any account associated with Swartz, or any information regarding communications to and from Swartz and any and all information resulting from their service.&#8221; Paragraph 20 requested &#8220;[a]ny and all paper, documents, materials, information and data of any kind received by the Government as a result of the service of any grand jury subpoena on any person or entity relating to this investigation.&#8221;</p>
<p>Swartz requests this information because some grand jury subpoenas used in this case contained directives to the recipients which Swartz contends were in conflict with Rule 6(e)(2)(A), see United States v. Kramer, 864 F.2d 99, 101 (11th Cir. 1988), and&nbsp;<strong>others sought certification of&nbsp;the produced documents so that they could be offered into evidence under Fed. R. Evid. 803(6), 901</strong>. Swartz requires the requested materials to determine whether there is a further basis for moving to exclude evidence under the Fourth Amendment (even though the SCA has no independent suppression remedy).</p>
<p>[snip]</p>
<p>Moreover,&nbsp;<strong>defendant believes that the items would not have been subpoenaed by the experienced and respected senior prosecutor, nor would evidentiary certifications have been requested, were the subpoenaed items not material to either the prosecution or the defense</strong>. Defendant&#8217;s viewing of any undisclosed subpoenaed materials would not be burdensome, and disclosure of the subpoenas would not intrude upon the government&#8217;s work product privilege, as the&nbsp;subpoenas were served on third parties, thus waiving any confidentiality or privilege protections.</p>
</i></blockquote>
Given all of that, it's leading some to wonder if this was more about the big fishing expedition a grand jury has supposedly been working on for quite some time, trying to sniff out anything that can be used against Wikileaks.  There is no confirmed connection to the Wikileaks investigation, but Emptywheel notes some oddities in the timing -- such as the grand jury investigation into Aaron seeming to ramp up just as it appeared that the big Wikileaks grand jury was coming up empty.  In fact, as Emptywheel showed in a different post, it looked like the investigation into Swartz was <a href="http://www.emptywheel.net/2013/01/19/the-six-week-delay-in-the-swartz-investigation/" target="_blank">going absolutely nowhere... until the grand jury suddenly showed renewed interest</a> long after the arrest.  The post notes that the Secret Service didn't even bother searching the laptop onto which Swartz had downloaded the JSTOR material for weeks after getting involved in his case.
<br /><br />
But what happened in between the arrest and the sudden decision to really look into Swartz?  The <a href="http://online.wsj.com/article/SB10001424052748703313304576132543747598766.html" target="_blank">DOJ drew a big, fat blank</a> against Wikileaks.  The timeline:
<ul>
<li>Swartz was arrested on January 6th, 2011.
</li><li>On February 9th it was reported that the Justice Department had drawn a blank on anything it could use to go after Wikileaks.
</li><li>That same day, February 9th, the Secret Service suddenly got around to issuing warrants to search Swartz's hardware
</li></ul>
Oh, and one other key date.  Just a couple weeks before all of this, on December 27th, 2010, Swartz had <a href="http://www.emptywheel.net/2013/01/18/was-aaron-swartz-effort-to-foia-bradley-mannings-treatment-why-doj-treated-him-so-harshly/" target="_blank">filed a FOIA</a> seeking information concerning the treatment of Bradley Manning.  As is noted in the posts linked here, it's not at all normal for the Secret Service to wait so long to get a subpoena.
<br /><br />
I will say that I'm far from convinced there was a full connection here.  There is way too much speculation and conjecture and it is quite possible (even probable) that the timing is all a coincidence.  But the timing is at least worth noting, since it seems that more and more information keeps coming out about this.<br /><br /><a href="http://www.techdirt.com/articles/20130122/18260621757/concerns-raised-about-aaron-swartzs-prosecution-wikileaks-connection.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130122/18260621757/concerns-raised-about-aaron-swartzs-prosecution-wikileaks-connection.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130122/18260621757/concerns-raised-about-aaron-swartzs-prosecution-wikileaks-connection.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>fishing-expedition</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130122/18260621757</wfw:commentRss>
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<item>
<pubDate>Wed, 9 Jan 2013 13:51:53 PST</pubDate>
<title>Kuwait's Decision To Jail People For 'Insulting' Tweets Sets A Dangerous Precedent</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130109/08292221618/kuwaits-decision-to-jail-people-insulting-tweets-sets-dangerous-precedent.shtml</link>
<guid>http://www.techdirt.com/articles/20130109/08292221618/kuwaits-decision-to-jail-people-insulting-tweets-sets-dangerous-precedent.shtml</guid>
<description><![CDATA[ Kuwait has generally been a much more open and free society than some of its neighbors in the region, but there's been troubling news lately concerning the decision to <a href="http://www.guardian.co.uk/world/2013/jan/06/kuwait-jail-insulting-emir-twitter?intcmp=239" target="_blank">put a man in jail for two years for a tweet "insulting the emir"</a> followed quickly by <a href="http://www.guardian.co.uk/world/2013/jan/07/kuwait-man-jail-insulting-emir" target="_blank">another man getting the same sentence</a> for the same offense.  The news reports I've seen have not reported what the tweets actually said, but no matter what, this kind of censorship of political discourse is extremely troubling -- especially given the country's reputation for being more open to political dialogue.
<blockquote><i>
"We've been taken by surprise because Kuwait has always been known internationally and in the Arab world as a democracy-loving country," Humidi said. "People are used to democracy, but suddenly we see the constitution being undermined."
</i></blockquote>
Of course, this is why we were so horrified by a French politician's recent efforts to <a href="http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml">ask Twitter</a> to help censor tweets for what French government officials deemed "hate speech."  Where do you draw the line?  Who defines what kind of "hate speech" is being censored.  I am sure that the Kuwaiti emir considers the insults directed his way a form of "hate speech," and, from there, you quickly slide into blatant political censorship.
<br /><br />
Of course, this seems only likely to backfire in a big way.  As more and more people get used to being able to discuss things freely, when a government cracks down on such free speech, they're going to react negatively.  Considering that many other countries in that region have used social media as a tool to organize protests and even to eventually overthrow a few governments, it would appear that overly sensitive Kuwaiti officials might want to learn to get thicker skins and learn that the best way to deal with "insulting" speech is to just ignore it.<br /><br /><a href="http://www.techdirt.com/articles/20130109/08292221618/kuwaits-decision-to-jail-people-insulting-tweets-sets-dangerous-precedent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130109/08292221618/kuwaits-decision-to-jail-people-insulting-tweets-sets-dangerous-precedent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130109/08292221618/kuwaits-decision-to-jail-people-insulting-tweets-sets-dangerous-precedent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-good-for-freedom</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130109/08292221618</wfw:commentRss>
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<pubDate>Fri, 4 Jan 2013 10:43:04 PST</pubDate>
<title>French Politician Wants Twitter To Help Censor Speech</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml</link>
<guid>http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml</guid>
<description><![CDATA[ Glenn Greenwald recently wrote a <a href="http://www.guardian.co.uk/commentisfree/2013/jan/02/free-speech-twitter-france" target="_blank">wonderful post about a journalist's "praise"</a> for a call by Najat Vallaud-Belkacem, a French politician, for Twitter to take responsibility for "hateful tweets" which are "illegal."  I'll be doing another post specific to Greenwald's post, but for this one I just want to focus on the part he glossed over: that a French politician <a href="http://www.lemonde.fr/idees/article/2012/12/28/twitter-doit-respecter-les-valeurs-de-la-republique_1811161_3232.html" target="_blank">is calling for Twitter</a> "to take steps to help prosecute" tweets that France feels are illegal.  This is horrifying for a number of reasons, but let's cover one that Greenwald doesn't touch: the idea that a company providing a platform that encourages free speech around the globe should somehow then be responsible for regulating the speech to the point of <i>legal prosecutions</i> against people seems immensely troubling.  If someone said something illegal, let law enforcement investigate and handle it.  Putting that responsibility on a company is dangerous, and leads to massive censorship.  That is the very basis of the Great Firewall of China.  The government there has made it clear to ISPs there that they might be held liable if they don't "help" make sure that "bad stuff" online doesn't see the light of day.  The response is to overblock, just to be "safe."
<br /><br />
Somehow, well meaning people seem to think that "bad" speech is just obvious.  But it's not.  Speech is speech, and whether or not it's "good" or "bad" may very much depend on an individual's context, sense of humor, situation in life or a variety of other issues.  To think that Twitter, or any company, should be in a position to make decisions about a person's ability to speak based on such amorphous concepts is a recipe for disaster -- and basically runs counter to everything that a service like Twitter is about.  Vallaud-Belkacem's logic follows the standard censor's argument -- claiming that freedom of expression is important... except for speech she doesn't like.
<br /><br />
For what it's worth, I agree 100% that the tweets she's complaining about are offensive and disgusting.  But to pin the blame on <i>Twitter</i> is to totally misplace it.  It actually serves to take the focus <em>off</em> of those who actually posted the controversial posts, and suggest that if only we hid speech we didn't like, it would go away.  That's not what happens.  Instead, those who are censored tend to believe that they're being persecuted by a government (or company) that "can't handle the truth" and wants to shut them up.  It doesn't encourage the ignorant to be taught why they're ignorant.  It doesn't encourage important discussions on why such statements are ridiculous and offensive.  Instead, it just tries to sweep everything under the rug.<br /><br /><a href="http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130103/03195521559/french-politicians-wants-twitter-to-help-censor-speech.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-a-problem</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130103/03195521559</wfw:commentRss>
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<pubDate>Thu, 29 Nov 2012 16:04:49 PST</pubDate>
<title>PeopleBrowsr Gets Temporary Restraining Order Against Twitter For 'Felony Interference With A Business Model'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/innovation/articles/20121129/14255421177/peoplebrowsr-gets-temporary-restraining-order-against-twitter-felony-interference-with-business-model.shtml</link>
<guid>http://www.techdirt.com/blog/innovation/articles/20121129/14255421177/peoplebrowsr-gets-temporary-restraining-order-against-twitter-felony-interference-with-business-model.shtml</guid>
<description><![CDATA[ For years, we've seen so many legal disputes that could be jokingly described as arguing <a href="http://www.techdirt.com/articles/20071004/163314.shtml">"felony interference of a business model"</a> -- a term coined by Steven Bellovin a while ago as shorthand for lawsuits that are much more about a company who bet on the wrong business model, than any actual legal wrongs.  Normally, this relates to legacy companies upset at upstarts who win through the disruptive judo of taking a totally different approach.  But it can be seen in other arenas as well.  We've also talked, for example, about how odd it is that some companies appear to base their entire business on what <i>some other</i> company does -- and they seem wholly unprepared for a situation in which the company they are 100% reliant on changes.  As venture capitalist Fred Wilson has summarized, a good company can't be someone else's <a href="http://www.techdirt.com/blog/entrepreneurs/articles/20110531/01505814470/being-someone-elses-bitch-being-your-own-bitch-making-others-your-bitch.shtml">bitch</a>.
<br /><br />
Both of those concepts seem relevant given the news that a startup called PeopleBrowsr has <a href="http://allthingsd.com/20121128/data-nerds-revolt-peoplebrowsr-takes-twitter-to-court-over-alleged-anticompetitive-actions/" target="_blank">successfully obtained a temporary restraining order against Twitter</a> for changing how it doles out access to its "Firehose" (i.e., the raw stream of all public tweets).  As has been covered widely, over the last few months, Twitter has really clamped down on some of its more open practices lately.  I actually agree with many people that I'm not sure this is a smart long-term business move, but I can't see how it could possibly be a legal violation.  Yet, that's what PeopleBrowsr appears to be claiming.  Of course, its Firehose offering has long been an offering that companies had to work out a deal with Twitter to get access to, so even then it was never fully "open."
<br /><br />
As part of the changing business strategy, Twitter has cut off many of its "Firehose" partners, including PeopleBrowsr.  In response, PeopleBrowsr sued arguing that this change has a negative impact on PeopleBrowsr's business (apparently true), and thus it must be illegal.  The company highlights how it has all sorts of highly valuable deals with other companies <i>because</i> of its analytics of Twitter's Firehose.
<blockquote><i>
PeopleBrowsr's products are highly valuable to its users, who utilize them to
extract relevant information from the massive Twitter stream, as well as to organizations
marketing their messages or brands. PeopleBrowsr has entered into valid contracts including: (1)
a three-year, $3 million contract with defense contractor Strategic Technology Research, (2) a
long term, $400,000 contract with Cadalys to build a customized Kred application, (3) a long
term, $300,000 contract with Radian6 to incorporate Kred into its products, (4) a long term,
$400,000 contract with Badgeville to incorporate Kred into its products, (5) a contract with
Mashable to power its mRank product through PeopleBrowsr's API, and (6) a contract for at least
one year with DynamicLogic, worth at least $75,000. PeopleBrowsr has business relationships
that are likely to ripen into new business with firms including Dell Computer, Demand Media,
Ogilvy, Bell-Pottinger, and CBS Interactive, among others.
</i></blockquote>
It is not difficult to understand why PeopleBrowsr is <i>upset</i> that Twitter decided to end the relationship, even as PeopleBrowsr claims to pay over $1 million a year to Twitter for access to the Firehose.  The key argument that PeopleBrowsr makes, is that Twitter has, in the past, made various statements concerning its embrace of an open platform that allows others to build on top of their work.  But I'm not sure why that's actually relevant here.  PeopleBrowsr obviously knew that Firehose wasn't completely open since it signed two separate licensing agreements with Twitter (according to its own filing).  In fact, they explicitly note that the agreement has a <i>termination provision</i>, so PeopleBrowsr had to know it was a possibility.  In addition, most of the statements about openness that PeopleBrowsr cites, are vague statements about the importance of openness.  Even the specific comments about keeping Firehose open are things like an engineer noting that he's "fighting to keep access to the Firehose and other API's as open as possible," which should have clearly indicated to PeopleBrowsr that the entire company was not in agreement, and there was a very real chance that it would not remain so open.
<br /><br />
In the end, it really seems like the problem is entirely PeopleBrowsr's for building a business in which it relied almost entirely on a single relationship, and did not set up the contract to ensure that relationship would not go away.  Again, I'm not sure that Twitter's strategy here is smart, but it's difficult to see how it's illegal.  The problems seem entirely self-created by PeopleBrowsr.  It even seems to admit that it bet its entire business on this fact, without securing a contract that they knew would last.
<blockquote><i>
The Firehose is an essential input for PeopleBrowsr's business. PeopleBrowsr's
products function by creating a comprehensive view of Twitter activity, and a mere sample of
Twitter's data is not sufficient to provide the sophisticated analytics PeopleBrowsr's clients have
contracted for.
</i></blockquote>
All that says is that perhaps they shouldn't have put things in their client contracts that they really couldn't promise they'd have access to -- or they should have put together a much more solid agreement with Twitter in the first place.  While PeopleBrowsr may have won a temporary injunction, preventing Twitter from turning off its access to Firehose for the time being, it seems like a massive long shot to think that it can possibly win this lawsuit.  Yes, it sucks that the one partner you bet your business on is changing its own ways of doing business, but that's what happens when you bet your business model on being someone else's "bitch."<br /><br /><a href="http://www.techdirt.com/blog/innovation/articles/20121129/14255421177/peoplebrowsr-gets-temporary-restraining-order-against-twitter-felony-interference-with-business-model.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121129/14255421177/peoplebrowsr-gets-temporary-restraining-order-against-twitter-felony-interference-with-business-model.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/innovation/articles/20121129/14255421177/peoplebrowsr-gets-temporary-restraining-order-against-twitter-felony-interference-with-business-model.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>someone-else's-bitch</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121129/14255421177</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 26 Nov 2012 09:14:00 PST</pubDate>
<title>Opportunistic Politicians Lean On The FBI And Twitter To Shut Down Terrorist Accounts</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121124/19452121134/opportunistic-politicians-lean-fbi-twitter-to-shut-down-terrorist-accounts.shtml</link>
<guid>http://www.techdirt.com/articles/20121124/19452121134/opportunistic-politicians-lean-fbi-twitter-to-shut-down-terrorist-accounts.shtml</guid>
<description><![CDATA[ I have no idea what it is with certain politicians that makes them believe they can somehow "curb" violence by cordoning off a section of the internet. They don&#39;t seem to realize that determined individuals will <a href="http://www.techdirt.com/articles/20110815/03054815523/as-governments-get-censorship-happy-new-technologies-popping-up-to-route-around-that.shtml" target="_blank">simply route around</a> their half-assed roadblock without breaking a sweat. Even worse, they don&#39;t seem to realize that useful information on violent groups and individuals can often be gleaned from the very same lines of communication they&#39;re trying to cut.<br />
<br />
In this case, it's very much like grandstanding politicians trying to shut down "human traffickers" like Backpages and Craigslist, failing to understand that law enforcement can <a href="http://www.techdirt.com/articles/20121002/07354820569/oh-look-police-can-use-backpagecom-to-track-down-arrest-convict-pimps-prostitutes.shtml" target="_blank">use the same services</a> to track down offenders. Rather than look for the upside of having a live feed from the enemy front (or realize the ultimate futility of their efforts), <a href="http://thehill.com/blogs/global-affairs/terrorism/269141-gaza-violence-leads-lawmakers-to-call-for-twitter-shuttering" target="_blank">these lawmakers have chosen to throw a bunch of effort (or at least, words) behind a bad idea</a>.
<blockquote>
<i>Seven House Republicans asked the FBI in September to demand that Twitter take down the accounts of U.S.-designated terrorist groups, such as Hamas, Hezbollah and Somalia&#39;s al Shabaab. The letter to FBI Director Robert Mueller was spearheaded by Rep. Ted Poe (R-Texas), who said Wednesday that the recent events vindicated the request.</i><br />
<br />
<i>&ldquo;Allowing foreign terrorist organizations like Hamas to operate on Twitter is enabling the enemy,&rdquo; Poe said in an e-mailed statement to The Hill. &ldquo;Failure to block access arms them with the ability to freely spread their violent propaganda and mobilize in their War on Israel.</i></blockquote>
Now, I&#39;m not going to claim to be smarter than these politicians (although you&#39;re certainly welcome to make that claim for me in the comment threads), but I&#39;m curious as to how they arrived at the conclusion that blocking Twitter accounts would somehow result in less violence committed by terrorists. One <i>could</i> argue that breaking down a line of communication might result in some temporary disruption, but I&#39;ve got to believe that Twitter isn&#39;t the <i>only</i> line of communication Hamas has.<br />
<br />
Shutting down these accounts would do little more than a) make these politicians feel better about having done something, b) annoy (and possibly provoke) already irritable and violent groups, and c) move communication anti-terrorist entities rely on to a new channel possibly unavailable to them. The downside <i>easily</i> outweighs the upside, because the "upside" only benefits these seven lawmakers, giving them a feeling of power and self-righteousness, which will be cold comfort to those who might actually be using these feeds to glean intelligence and help defend themselves.<br />
<br />
Then there&#39;s this amazing sentence, which must have been composed by Poe at a cost of one IQ point per letter:
<blockquote>
<i>The FBI and Twitter must recognize sooner rather than later that social media is a tool for the terrorists.</i></blockquote>
<i>Any</i> form of information dissemination can be considered a "tool" for terrorists. Imbuing Twitter with some sort of terrorist-defeating powers is ridiculous. Berating the FBI and Twitter for aiding and abetting terrorism through inaction is even more so. This is merely a continuation of Poe&#39;s anti-Twitter obsession, which <a href="http://poe.house.gov/index.php?option=com_content&#038;view=article&#038;id=8832:german-nazis-blocked-by-twitter-whos-next&#038;catid=119:in-the-news" target="_blank">began back in September when he first penned a letter to the FBI requesting the takedown of these "terrorist" accounts</a>, citing (of all things), Twitter&#39;s decision to <a href="http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml" target="_blank">block a neo-Nazi account</a> in Germany. (The account could still be read anywhere else in the world, or even in Germany with minimal effort.)<br />
<br />
<a href="http://freebeacon.com/terror-twitter/" target="_blank">Poe is once again attempting to use Twitter&#39;s own statement against it</a>, but the FBI just isn&#39;t giving this group of lawmakers the one thing they need to get their way:
<blockquote>
<i>&ldquo;Twitter maintains that it will take down any account requested by the FBI,&rdquo; seven Republican members of Congress wrote to the FBI last month. &ldquo;As of this writing, the FBI has not made a single request to Twitter to take an account down.&rdquo;</i></blockquote>
And (once again), Poe and his co-signers are using recent events to further their own agenda.
<blockquote>
<i>&ldquo;Not one account has been shut down, unlike on YouTube and Facebook,&rdquo; Poe told the Free Beacon.</i><br />
<br />
<i>&ldquo;Twitter is not going to take it upon themselves to shut them down,&rdquo; which is why the FBI needs to take action, Poe said.</i></blockquote>
The FBI isn&#39;t buying it, however.
<blockquote>
<i>FBI Special Agent Jason Pack told the Free Beacon, &ldquo;The FBI received the Congressman&rsquo;s letter and will respond to it appropriately.&rdquo;</i></blockquote>
One assumes Pack "responded" by tossing the angry letter into the nearest trash can, possibly running it through the shredder first. The latest missive means someone at the FBI will need to empty the trash can, but given the results of Poe&#39;s previous demands, I highly doubt Twitter will be shuttering any accounts.<br />
<br />
Poe has also expressed his disappointment in the Obama administration for not pushing for more Twitter shutdowns.
<blockquote>
<i>Poe speculated that one reason the Obama administration has not pursued the issue is because terrorists&rsquo; Twitter pages are a rich vein for the intelligence community to mine.</i><br />
<br />
<i>Poe, however, said that this is not a good enough reason to give these radical actors free rein on the Internet.</i><br />
<br />
<i>&ldquo;If that&rsquo;s [the administration&rsquo;s] only way of knowing&rdquo; what terrorists are up to, &ldquo;we&rsquo;ve got some serious problems with our intelligence service,&rdquo; Poe said.</i></blockquote>
There&#39;s Poe&#39;s problem. He views Twitter as the <i>only</i> thing. In his mind, it&#39;s the <i>only&nbsp;</i>source of communication for terrorists and it&#39;s the <i>only</i> source of intel for the intelligence community. Poe has seized on Twitter as the <i>only</i> problem and won&#39;t be dissuaded easily, no matter how often the FBI refuses to indulge his "social media = terror" hobby horse.
<blockquote>
<i>The Free Beacon&#39;s Republican slant inadvertently suggests that Poe may just be kicking around Twitter because its "best friends" with Obama.</i><br />
<br />
<i>Twitter&rsquo;s Washington D.C. lobbying team is comprised of several Obama administration confidants and former Democratic Hill staffers.&nbsp;Adam Sharp, the site&rsquo;s top government liaison, formerly served as deputy chief of staff for Sen. Mary Landrieu (D., La.).&nbsp;Its global public policy official, Colin Crowell, was a senior aide to Rep. Ed Markey (D., Mass.), while Twitter&rsquo;s head of international strategy, Katie Jacobs Stanton, once worked with the Obama administration on new media strategies.</i><br />
<br />
<i>Since 2011, several individuals who list their employer as Twitter have donated primarily to Democrats, including the Obama campaign and Massachusetts Senate candidate Elizabeth Warren.</i></blockquote>
So... maybe it&#39;s not really about terrorism. Maybe it&#39;s just good, old fashioned partisanship sporting War on Terror clothing. No matter how you slice it, though, there&#39;s only one thing it <i>truly&nbsp;</i>is: stupid.<br /><br /><a href="http://www.techdirt.com/articles/20121124/19452121134/opportunistic-politicians-lean-fbi-twitter-to-shut-down-terrorist-accounts.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121124/19452121134/opportunistic-politicians-lean-fbi-twitter-to-shut-down-terrorist-accounts.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121124/19452121134/opportunistic-politicians-lean-fbi-twitter-to-shut-down-terrorist-accounts.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-then-what?-linkedin?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121124/19452121134</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 19 Nov 2012 11:52:31 PST</pubDate>
<title>App Developer Hijacks Customer Twitter Accounts In An Attempt To Shame Pirates</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121115/09115121063/app-developer-hijacks-customer-twitter-accounts-attempt-to-shame-pirates.shtml</link>
<guid>http://www.techdirt.com/articles/20121115/09115121063/app-developer-hijacks-customer-twitter-accounts-attempt-to-shame-pirates.shtml</guid>
<description><![CDATA[ I&#39;ve always had a bit of a soft spot for DRM in my heart, mostly because it makes me laugh. If you think about it, it&#39;s generally rather funny in its uselessness. Pirates don&#39;t care about it as they simply <a href="http://www.techdirt.com/articles/20120203/07550617650/ubisoft-cuts-off-legit-players-with-drm-server-migration-pirates-play.shtml">route around</a> any DRM. Customers can certainly be <a href="http://www.techdirt.com/articles/20110727/12064015286/ubisoft-learns-nothing-its-drm-past-condemns-paying-customers-to-repeat-it.shtml">annoyed</a>, but they always end up with the same tools the pirates use to break the DRM on their purchased products. There&#39;s a question of legality in doing so, obviously, but generally nobody really seems to care all that much and software developers just end up in a DRM arms race against nobody, which is inherently funny. All the while, we get wonderful gems like Ubisoft&#39;s <a href="http://www.techdirt.com/articles/20101203/09510612115/ubisofts-new-drm-vuvuzelas.shtml">vuvuzela DRM</a>, which was hysterical. Now, don&#39;t get me wrong, DRM sucks, but upon reading stories about its effects my range of emotions tends to be anywhere between annoyance and raucous laughter.<br />
<br />
However, as content producers begin to wake up to the fail that is DRM, we&#39;ve been discussing how using your fanbase and social constructs to <a href="http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml">shame pirates</a> and reward customers is a better approach. And it is, but unlike DRM you better get it right, because if you screw it up the results are far beyond mild annoyance. Reader&nbsp;<a href="http://www.techdirt.com/user/adamr">AdamR</a> writes&nbsp;in about one such developer that screwed things up so badly that they ended up <a href="http://arstechnica.com/tech-policy/2012/11/ios-apps-hijack-twitter-accounts-post-false-confessions-of-piracy/">hijacking the Twitter accounts of some paying customers</a> to post a "piracy confession" on their behalf.
<blockquote>
<i>If you search Twitter for the hashtag #softwarepirateconfession you&#39;ll find a stream of tweets stating, "How about we all stop using pirated iOS apps? I promise to stop. I really will. #softwarepirateconfession." There are many dozens of these tweets in the past day alone, all identical. So what&#39;s happening? It turns out that Enfour, the maker of a variety of dictionary apps, is auto-posting tweets to users&#39; accounts to shame them for being pirates. But the auto-tweeting seems to be affecting a huge portion of its paid user base, not just those who actually stole the app</i>s.</blockquote>
How could this happen, you wonder? Well, funny story. One proposed explanation is that there&#39;s a common tool used by people who jailbreak their iPhones and still want apps from Apple&#39;s app store, called Installous, that Enfour&#39;s apps were detecting and then, upon using the app and gaining permission to access a user&#39;s Twitter account it posted the "apology". However, others are saying that it&#39;s occurring on phones that are in fact not jailbroken. Either way, these are people that paid for the app, not pirates as their own hijacked Twitter accounts purport them to be. As one customer, Sean O&#39;Brien, noted:
<blockquote>
<i>"Apparently, even though I paid nearly $25.00 for it, something in the code of this app identified me a owning a pirated copy. It then asked for access to my Twitter account through my iPhone. I gave it access because, it&#39;s the American Heritage Dictionary! If any app can be trusted with my Twitter account, it ought to be my expensive dictionary app. But no, it tweeted the following message:</i></blockquote>
<blockquote>
<i>"How about we all stop using pirated iOS apps? I promise to stop. I really will. #softwarepirateconfession"</i></blockquote>
As you can imagine, the paying customers are&nbsp;<i>pissed</i>. Enfour has since released an apologetic statement, first in Japanese (ostensibly folks trying to use their Enfour dictionaries to translate the apology were called pirates again), and then in English on Twitter. They also have rushed out an updated version of the app they claim fixes the "bug", but the complaints are still coming in.<br />
<br />
Here&#39;s a piece of advice for all you developers out there. Yes, social shaming can work far better than lawsuits and DRM, but you had&nbsp;<i>damned well better get it right</i>. Hijacking the Twitter feeds of your customers, or anyone actually, is taking things in the wrong direction.<br /><br /><a href="http://www.techdirt.com/articles/20121115/09115121063/app-developer-hijacks-customer-twitter-accounts-attempt-to-shame-pirates.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121115/09115121063/app-developer-hijacks-customer-twitter-accounts-attempt-to-shame-pirates.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121115/09115121063/app-developer-hijacks-customer-twitter-accounts-attempt-to-shame-pirates.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-here-comes-the-backlash</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121115/09115121063</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 9 Nov 2012 03:31:55 PST</pubDate>
<title>Abuse Of India's Information Technology Act Results In India's First Arrested Twitter User</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml</link>
<guid>http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml</guid>
<description><![CDATA[ India&#39;s somewhat schizophrenic relationship with privacy and freedom of speech <a href="http://www.techdirt.com/articles/20120917/11374120406/india-kyrgyzstan-ramp-up-internet-monitoring-censorship-efforts.shtml" target="_blank">has been discussed here before</a>. The Indian government, on one hand, seems to want to do the right thing and safeguard its citizens from censorship and surveillance... but only up to a point. Once the going gets rough (i.e., outbreaks of violence, demonstrations), the government begins ramping up its surveillance and cracking down on free speakers.<br />
<br />
Given this background, it&#39;s a bit surprising to hear that India has only just recently chalked up its first Twitter-related arrest. After all, <a href="http://www.techdirt.com/articles/20100118/1051427801.shtml" target="_blank">the UK</a> and <a href="http://www.techdirt.com/articles/20091005/1150376428.shtml" target="_blank">the US</a> have been doing it for years already. The person on the <a href="http://www.bbc.co.uk/news/world-asia-india-20202275" target="_blank">receiving end of this unfortunate record-setting event made the mistake of criticizing a politician</a> (of course).
<blockquote>
<i>On 20 October, he (Ravi Srinivasan) <a href="https://twitter.com/ravi_the_indian/status/259444581714771969" target="_blank">posted a tweet</a> to his 16 followers saying that <a href="http://www.karti.in/index.aspx" target="_blank">Karti Chidambaram</a>, a politician belonging to India&#39;s ruling Congress party and son of Finance Minister P Chidambaram, had "amassed more wealth than Vadra".</i><br />
<br />
<i>He was alluding to Robert Vadra, son-in-law of Congress party chief Sonia Gandhi, who was at the centre of a political row after <a href="http://www.bbc.co.uk/news/world-asia-india-20091742" target="_blank">allegations over his links with a top Indian property firm</a>.</i></blockquote>
This message ("<i>got reports that karthick chidambaram has amassed more wealth than vadra</i>") went out to all of <i>16 followers</i> and somehow found its way to Karti himself, who responded like anyone else would when mildly insulted: by contacting law enforcement...
<blockquote>
<i>Karti Chidambaram (@KartiPC) did not take the tweet in good humour and filed a police complaint on 29 October.</i></blockquote>
&hellip; which immediately responded with the sort of speed reserved for appeasing angry politicians.
<blockquote>
<i>They arrested Mr Srinivasan early next morning, charged him under Section 66A of India&#39;s Information Technology [IT] Act, and demanded 15 days of police custody.</i></blockquote>
Srinivasan&#39;s single allegation could have been addressed through India&#39;s libel laws, but since that route takes time and money, the offended politician instead used the police department to take care of the "problem" by using the "sweeping power" of Section 66A of the IT Act of 2000.
<blockquote>
<i>[Section 66A] can send you to jail for three years for sending an email or other electronic message that "causes annoyance or inconvenience".</i><br />
<br />
<i>On the face of it, this protects citizens against online harassment.</i><br />
<br />
<i>In reality, the law is more often used by the state as a weapon against dissent. In each such case, police action has been swift and harsh.</i><br />
<br />
<i>In April, the West Bengal government led by Chief Minister Mamata Banerjee used Section 66A against a teacher who had emailed to friends a cartoon that was mildly critical of her.</i></blockquote>
Loosely worded laws, ostensibly designed to "protect" citizens, usually devolve into tools of censorship. For some strange reason, those with the most power are the ones who feel the most "threatened" by open criticism and dissent. It&#39;s little wonder that legislators are more than willing to push through open-ended "cyberlaws" that can be bent to fit any situation. The end result is this fact, which is perhaps least surprising of all:
<blockquote>
<i>And, interestingly, Section 66A has never been used against politicians.</i></blockquote>
To Srinivasan&#39;s credit, he refused to back down from his statement. In addition, his arrest and subsequent appearance on television led to him gaining another 2,300 followers, many of whom are wondering if his arrest was tied to his anti-corruption campaigning. Despite the public support of the arrested tweeter, the politician behind his arrest remains unrepentant, tweeting out this amazing statement in his own defense:
<blockquote>
<i>"Free speech is subject to reasonable restrictions. I have a right to seek constitutional/legal remedies over defamatory/scurrilous tweets."</i></blockquote>
There&#39;s nothing "reasonable" about arresting someone rather than following the "constitutional/legal remedies" set up by India&#39;s libel law. This is simple thug tactics being deployed by someone operating without fear of reprisal. Section 66A needs to be cleaned up if freedom of speech and privacy are going to be protected, rather than just paid lip service at convenient intervals.<br /><br /><a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121106/16174720954/abuse-indias-information-technology-act-results-indias-first-arrested-twitter-user.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>#guinnessbookofhorribleworldrecords</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121106/16174720954</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 5 Nov 2012 13:52:46 PST</pubDate>
<title>Twitter Improves DMCA Policy: Alerts Public To 'Removed' Tweets</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121105/01473020930/twitter-improves-dmca-policy-alerts-public-to-removed-tweets.shtml</link>
<guid>http://www.techdirt.com/articles/20121105/01473020930/twitter-improves-dmca-policy-alerts-public-to-removed-tweets.shtml</guid>
<description><![CDATA[ For years, we've <a href="http://www.techdirt.com/articles/20100425/2119379162.shtml">criticized</a> Twitter's DMCA policy, in which it completely disappears tweets that are subject to DMCA takedown notices it receives.  The company, as part of its transparency campaign, has now <a href="http://gigaom.com/2012/11/04/new-twitter-policy-lets-users-see-tweets-pulled-down-for-copyright/" target="_blank">changed its policy slightly</a>, such that it will now replace the taken down tweet with one that indicates the tweet was removed due to a DMCA notice.  While security researcher Mikko Hypponen <a href="https://twitter.com/mikko/status/264623020130316288" target="_blank">has a tweet</a> showing the text that Twitter is replacing tweets with, it quickly became clear that his tweet <a href="http://torrentfreak.com/first-ever-withheld-tweet-was-faked-by-f-secure-researcher-121105/?utm_source=dlvr.it&utm_medium=twitter" target="_blank">was a "joke"</a> to show that it's easy to simply copy the general text that Twitter will be using:
<blockquote><i>
This Tweet from @username has been withheld in response to a report from the copyright holder. <a href="https://support.twitter.com/articles/15795#" target="_blank">Learn more</a>.
</i></blockquote>
The "replaced" tweets now link to <a href="https://support.twitter.com/articles/15795#" target="_blank">this page</a> with an explanation of Twitter's new DMCA policy.  While that policy notes, thankfully, that it also sends all DMCA notices to <a href="http://www.chillingeffects.org/twitter" target="_blank">Chilling Effects</a>, it would be even cooler if the tweets in question linked to the Chilling Effects entry with the DMCA notice in question, so people could understand who removed the tweet and why.  There may be some issues with the timing on that, but right now it leaves open a lot of questions about why certain tweets were removed.  And, given that it's somewhat easy to "fake" the new tweets (even though faked ones won't have the "learn more" phrase linked), I wonder if these will have the same impact.<br /><br /><a href="http://www.techdirt.com/articles/20121105/01473020930/twitter-improves-dmca-policy-alerts-public-to-removed-tweets.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121105/01473020930/twitter-improves-dmca-policy-alerts-public-to-removed-tweets.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121105/01473020930/twitter-improves-dmca-policy-alerts-public-to-removed-tweets.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-step-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121105/01473020930</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 22 Oct 2012 15:53:21 PDT</pubDate>
<title>How Would Twitter Handle A Crackdown On Free Speech In Saudi Arabia?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121022/02373020783/how-would-twitter-handle-crackdown-free-speech-saudi-arabia.shtml</link>
<guid>http://www.techdirt.com/articles/20121022/02373020783/how-would-twitter-handle-crackdown-free-speech-saudi-arabia.shtml</guid>
<description><![CDATA[ Twitter has put itself out there as being a <a href="http://www.nytimes.com/2012/09/03/technology/twitter-chief-lawyer-alexander-macgillivray-defender-free-speech.html" target="_blank">strong defender of free speech</a>, arguing that it's not just a principled stand, but one that provides the company with a competitive advantage.  Standing up for free speech is good -- not just for people, but for Twitter too.  There was a series of stories highlighting this aspect of Twitter in the past few months, where Twitter's top lawyer, Alex Macgillivray, said things like the following:
<blockquote><i>
&#8220;We value the reputation we have for defending and respecting the user&#8217;s voice,&#8221; Mr. Macgillivray said in an interview here at Twitter headquarters. &#8220;We think it&#8217;s important to our company and the way users think about whether to use Twitter, as compared to other services.&#8221; 
</i></blockquote>
With that in mind, it's interesting to see just how much "free speech" via Twitter has taken off in places like Saudi Arabia.  The NY Times has an interesting discussion on how Twitter has become a <a href="http://www.nytimes.com/2012/10/21/world/middleeast/twitter-gives-saudi-arabia-a-revolution-of-its-own.html?partner=rss&#038;emc=rss&#038;smid=tw-nytimes&#038;_r=0" target="_blank">surprisingly open channel for critics of the Saudi regime</a>.
<blockquote><i>
Open criticism of this country&#8217;s royal family, once unheard-of, has become commonplace in recent months. Prominent judges and lawyers issue fierce public broadsides about large-scale government corruption and social neglect. Women deride the clerics who limit their freedoms. Even the king has come under attack. 
</i></blockquote>
All via Twitter.  So far, the government has let this continue -- even as members of the royal family are often directly called out and, at times, accused of corruption.  Some think that the government is hoping that letting people vent on Twitter will keep them from venting in the streets.  But there is still fear that things might change and a real crackdown could be on the way.
<br /><br />
And that could represent a real challenge for Twitter.  Remember, just last week, it agreed to <a href="https://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml">block</a> a neo-nazi group's Twitter feed in Germany.  And, there are also reports that it recently <a href="http://www.nytimes.com/2012/10/20/world/europe/british-police-investigate-twitter-account.html" target="_blank">removed a bunch of anti-semitic tweets</a>, potentially for terms of service violations.  And that is worrying some people.
<blockquote><i>
Several Twitter users posting under the hashtag criticized the decision to delete the anti-Semitic posts, calling it censorship. A <a title="Twitter post." href="https://twitter.com/scrumpy_man/status/259330084316532737">user calling himself Andre</a> said: &#8220;Better to educate than censure. Shame on you Twitter.&#8221; Another, Craig McLeod, <a title="Twitter post." href="https://twitter.com/barton71/status/259354985635135488">asked</a>, &#8220;Who decides what is anti-Semitic and abusive?&#8221;        
</i></blockquote>
Considering all that, as Mathew Ingram <a href="https://twitter.com/mathewi/statuses/260051923644862464" target="_blank">has asked</a>: what happens if Saudi Arabia suddenly declares the criticism its government is facing is illegal?  Then what does Twitter do?  Does it decide that the openness is something it wants to support as free speech... or does it abide by the law and block those accounts?  Suddenly, the problem is a lot more challenging.
<br /><br />
I don't know that there's an easy answer, but it does seem that once you compromise on one front, it becomes somewhat more difficult to justify a principled stand elsewhere...<br /><br /><a href="http://www.techdirt.com/articles/20121022/02373020783/how-would-twitter-handle-crackdown-free-speech-saudi-arabia.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121022/02373020783/how-would-twitter-handle-crackdown-free-speech-saudi-arabia.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121022/02373020783/how-would-twitter-handle-crackdown-free-speech-saudi-arabia.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-questions-questions...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121022/02373020783</wfw:commentRss>
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<pubDate>Thu, 18 Oct 2012 09:27:48 PDT</pubDate>
<title>Twitter Cuts Off Illegal Neo Nazi Group Account In Germany</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml</link>
<guid>http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml</guid>
<description><![CDATA[ Back in January, we wrote about Twitter's decision to set up tools to allow it to <a href="http://www.techdirt.com/articles/20120126/15105017558/twitter-decides-to-censor-locally-rather-than-block-globally-response-to-government-demands.shtml">censor locally</a> if required to under local laws.  While many people got upset about this, believing it meant that Twitter was supporting censorship, we noted that the issue is a bit more nuanced than that.  You <i>could</i> take the extreme position that Twitter should stand up for free speech absolutely, no questions asked, anywhere around the world.  And, to some extent, I'm sympathetic to that viewpoint.  However, at the same time, it is a fact that different countries have different laws, and some of those laws restrict free speech.  Twitter's decision, then, is a compromise on that, but in a somewhat more effective way.  They will only block the content <i>in that specific country</i> where it has been deemed illegal.
<br /><br />
And, now, nine months later, Twitter's General Counsel Alex Macgillivray (@amac), has <a href="https://twitter.com/amac/status/258746802633842688" target="_blank">admitted to using the censorship ability</a> for the first time, for the account of a neo-Nazi group based in Germany, where it has been declared illegal.  The block only applies to Germany.  As some have noted, <a href="http://www.theatlanticwire.com/technology/2012/10/twitter-censors-users-first-time/58078/" target="_blank">this is a <i>really</i> bad group</a>.  But, of course, it's always those kinds of cases that test your principles.   As promised, Twitter has publicly shared <a href="https://www.chillingeffects.org/notice.cgi?sID=625342" target="_blank">the takedown letter it received</a> on ChillingEffects.
<blockquote><i>
Dear Madam,
Dear Sir,<br />
<br />
the enclosed letter gives you the information that the Ministry of the Interior of the State of Lower-Saxony in Germany has banned the organisation "Besseres Hannover". It is disbanded, its assets are seized and all its accounts in social networks have to be closed immediately. The Public Prosecutor (State Attorney's Office) has launched an investigation on suspicion of forming a criminal association.
<br /><br />
It is the task fo the Polizeidirektion Hannover (Hannover Police) to enforce the ban.
<br /><br />
The organisation "Besseres Hannover" uses the Twitter account<br />
besseres-hannover@hannoverticker<br />
https://twitter.com/hannoverticker
<br /><br />
I ask you to close this account immediately and not to open any substitute accounts for the organisation "Besseres Hannover".
<br /><br />
Please confirm that you have received this letter and let me know what measures you have taken.
<br /><br />
Yours sincerely,
<br /><br />
[signature]<br />
Head of Police Admin Dept
</i></blockquote>
This is the kind of thing that Twitter absolutely expected -- and the fact that is only banning the account in Germany, rather than following the demands of the letter ordering the account be shutdown completely, suggests that Twitter isn't just caving in here.  Of course, given my strong belief in the importance of free speech, I think that the demand to shut down the account itself is the bigger issue here, rather than Twitter's reaction to it.  In ordering it shut down, and leading to this public admission about it from Twitter, all that German law enforcement has done is call more attention to this group.
<br /><br />
Also, I'd take some issue with Amac's claim that this is the "first time" the company has used its ability to "withhold content."  It has done so repeatedly in the past <a href="http://www.techdirt.com/articles/20110825/03485715680/twitter-keeps-suspending-accounts-based-highly-questionable-dmca-claims.shtml">over DMCA claims</a>.  Yes, that's <i>somewhat</i> different, but not as much as some would like to believe.  Both are cases where the local law claims that the content in question is illegal, and upon notices sent to Twitter, it blocks that content.  That makes no statement on whether or not such content should or should not be illegal.  But the basics of the situation are really the same.
<br /><br />
Either way, I appreciate that Twitter is at least trying to walk the fine line of both complying with the laws in countries like Germany, while simultaneously effectively demonstrating why such laws don't necessarily work well.  I can certainly understand <i>why</i> Germany has laws against neo-Nazis and hate groups.  Given the history there, it's hard to imagine such laws not existing.  But situations like this raise questions about just how effective they really are.  In this case, all it's really done is call more attention to the group in question.  As for Twitter, you could argue that the company could go much further, but it would clearly run into significant legal challenges.  And, while it would be great if it also recognized that the DMCA notice situation really isn't all that different, it's difficult to fault Twitter for deciding this particular battle wasn't worth fighting against.<br /><br /><a href="http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121018/00183120742/twitter-cuts-off-illegal-neo-nazi-group-account-germany.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>censor-locally</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121018/00183120742</wfw:commentRss>
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<pubDate>Fri, 12 Oct 2012 15:32:03 PDT</pubDate>
<title>California Attorney General Uses Twitter To Threaten United Airlines With Possible Legal Action</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121012/13512420693/california-attorney-general-uses-twitter-to-threaten-united-airlines-with-possible-legal-action.shtml</link>
<guid>http://www.techdirt.com/articles/20121012/13512420693/california-attorney-general-uses-twitter-to-threaten-united-airlines-with-possible-legal-action.shtml</guid>
<description><![CDATA[ Can we just admit that laws requiring privacy policies are <a href="http://www.techdirt.com/articles/20110519/02164514337/can-we-just-admit-that-idea-privacy-policy-is-failed-idea.shtml">a dumb idea</a>?  They make almost no sense.  No one reads them.  And the laws requiring them don't require that you actually keep info private... just that you have one of those privacy policies that no one reads and no one cares about.  The only ways you get in trouble are (a) if you don't have a privacy policy or (b) if you don't abide by your privacy policy.  Thus, the basic incentive is to write a privacy policy that is opaque and which no one will read -- and which says <i>"you have no privacy at all, we can do whatever we want with your data"</i> so you could never violate it.
<br /><br />
But grandstanding politicians see this as an easy and cheap way to be seen as "protecting the little guy" even though it does nothing along those lines.  It appears that California Attorney General Kamala Harris may be jumping into the fray -- and bizarrely <a href="http://www.siliconbeat.com/2012/10/12/social-media-as-a-law-enforcement-tool/" target="_blank">using Twitter to passive aggressively threaten United Airlines</a>.  In a tweet, she <a href="https://twitter.com/KamalaHarris/status/256778084219502592" target="_blank">asks the company</a> where its privacy policy is on its mobile app:
<center>
<blockquote class="twitter-tweet"><p>Fabulous app, @<a href="https://twitter.com/united">united</a> Airlines, but where is your app&#8217;s <a href="https://twitter.com/search/%23privacy">#privacy</a> policy? <a href="http://t.co/kDaHHTpB" title="http://1.usa.gov/SWGCTm">1.usa.gov/SWGCTm</a></p>&mdash; Kamala Harris (@KamalaHarris) <a href="https://twitter.com/KamalaHarris/status/256778084219502592" data-datetime="2012-10-12T15:27:20+00:00">October 12, 2012</a></blockquote>
<script src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
</center>
That link is to <a href="http://oag.ca.gov/privacy/COPPA" target="_blank">California's law</a> that requires privacy policies.  But, once again, we're at a loss to see what this does for actual privacy, if anything.  If the app doesn't have a privacy policy, does that change how United Airlines uses people's data?  Doubtful.  Is anyone who uses the app actually reading the privacy policy?  Doubtful.  If they do, will they understand it?  Unlikely.  So, what does this kind of thing do?  You'd think that there were, perhaps, more pressing things for the state to focus on rather than harassing companies on Twitter.<br /><br /><a href="http://www.techdirt.com/articles/20121012/13512420693/california-attorney-general-uses-twitter-to-threaten-united-airlines-with-possible-legal-action.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121012/13512420693/california-attorney-general-uses-twitter-to-threaten-united-airlines-with-possible-legal-action.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121012/13512420693/california-attorney-general-uses-twitter-to-threaten-united-airlines-with-possible-legal-action.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pointless-privacy-policies</slash:department>
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