Internet – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Comedian Sues the Daily Stormer for Accusing Him of Manchester Terror Attack https://legacy.lawstreetmedia.com/blogs/law/comedian-sues-daily-stormer-accusing-manchester-terror-attack/ https://legacy.lawstreetmedia.com/blogs/law/comedian-sues-daily-stormer-accusing-manchester-terror-attack/#respond Fri, 18 Aug 2017 15:04:14 +0000 https://lawstreetmedia.com/?p=62800

He's accusing the white supremacist site of defamation.

The post Comedian Sues the Daily Stormer for Accusing Him of Manchester Terror Attack appeared first on Law Street.

]]>
Image courtesy of Hernán Piñera; License: (CC BY-SA 2.0)

American Muslim comedian Dean Obeidallah has filed a defamation lawsuit against a white supremacist website, the Daily Stormer, after it published an article accusing him of being the mastermind behind the terror attack in Manchester.

The Daily Stormer was recently kicked off of its domain on GoDaddy and was denied service by Google and a Chinese webhost. After the controversial website published a hateful, demeaning article about Heather Heyer, who was killed in Charlottesville last weekend, the website has been even more ostracized than before.

But on Wednesday, the site was live again for a few hours through a Russian domain. In a new article, the writers praised President Trump and claimed his relationship to Russian President Vladimir Putin is responsible for the website’s new domain. But Roskomnadzor, Russia’s watchdog monitoring hateful content on the internet, requested the Russia Network Information Center to take it down, which it did.

Obeidallah filed his suit around the same time, alleging that the Daily Stormer caused him to receive death threats and suffer from emotional distress. The publication first started targeting him after he wrote a piece for the Daily Beast in 2015, in which he urged the Republican Party to speak out against the white nationalists who supported Donald Trump’s candidacy for president.

In response, the Daily Stormer wrote an article calling Obeidallah a terrorist. Then in June of this year, Obeidallah wrote another article and questioned why Trump wouldn’t use the phrase “white supremacist terrorism.” In response, the Daily Stormer published a text with the headline, “Dean Obeidallah, Mastermind Behind Manchester Bombing, Calls on Trump to Declare Whites the Real Terrorists.”

After that article, some people actually believed Obeidallah was a terrorist, and he started receiving threats. The Daily Stormer even fabricated tweets to look like Obeidallah had written them, taking responsibility for the terror attack in Manchester in May. One of them praised Allah and another said he had fled to safety in Syria.

“Defendants took numerous steps, including mixing fact with falsehood, in an effort to create confusion and convince readers that the entirety of the Article is, in fact, true,” the lawsuit says. The Daily Stormer’s publisher, Andrew Anglin, and ten other people who republished the article are listed as defendants. None of them have responded.

“Right wing publications have come after me for years for everything from my progressive views to the fact I’m Muslim–that’s par for the course. But I had never, ever seen anything like this,” Obeidallah said.

The lawsuit also states that the Daily Stormer is among the 200 most frequented websites in America, with over 3 million monthly visitors. Though it claims to publish news stories, it intentionally spread false information, the lawsuit says. But maybe this suit can help other victims of defamation. “No one deserves to be defamed and threatened online by a racist neo-Nazi mob simply for expressing your ideas and beliefs,” Obeidallah said.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Comedian Sues the Daily Stormer for Accusing Him of Manchester Terror Attack appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/law/comedian-sues-daily-stormer-accusing-manchester-terror-attack/feed/ 0 62800
Unraveling the Dark Web https://legacy.lawstreetmedia.com/issues/technology/unraveling-dark-web/ https://legacy.lawstreetmedia.com/issues/technology/unraveling-dark-web/#respond Mon, 24 Jul 2017 12:54:58 +0000 https://lawstreetmedia.com/?p=62031

It's not all drug deals and pornography.

The post Unraveling the Dark Web appeared first on Law Street.

]]>
"Hacking" Courtesy of Johan Viirok : License (CC BY 2.0)

In early July, users of AlphaBay, one of the largest darknet marketplaces, panicked when their go-to supplier of illegal drugs, weapons, and other illicit items unexpectedly vanished from the internet. As is often the case when darknet marketplaces go down, many were wary that the moderators may have purposefully closed the site and made off with shoppers’ money. Though AlphaBay’s moderators quickly took to Reddit to assure users that they were working to restore the site, the internet panic left many wondering more about the mysterious “dark web” and its contents. What is this hidden side of the internet really about? And can any good be found in the dark? Read on to find out.


Deep Web vs. Dark Web

When you go online to browse social media, read the news, or look up directions, you’re using what’s called the “surface web.” While most of us stick to the surface web for our daily use, the truth is that it’s just a sliver of what’s available on the internet.

The deep web, which experts estimate makes up about 90 percent of the internet’s content, is comprised of all the web pages that aren’t accessible through public search engines. Library search engines, government databases, and your personal email account are all examples of pages on the deep web.

Many internet users confuse the deep web with the dark web, but the dark web is actually a tiny subsection of the deep web. It is comprised of all the hidden content existing on darknets, or encrypted networks that require use of specific software or tools to access. Darknets are specially designed to provide anonymity to users, making user presence on the dark web undetectable.

The dark web is best known to the public as a safe haven for salacious and criminal enterprises–the drug and weapons trades, child pornography, and the sale of stolen personal information, like bank accounts. But there are individuals on the dark web with nobler intentions, like whistleblowing. Wikileaks, for example, is a notorious dark web site that allows whistleblowers to anonymously upload classified information to the site. Civilians may also use darknet software to access social media in countries where sites like Facebook and Twitter are banned, or to spread news in times of censorship and political unrest.


How to Use the Dark Web

The most common way to access the dark web is using a free software called Tor, originally short for “The Onion Router,” which allows users to anonymize their web pages and their presence on the internet.

Tor was originally created by U.S. Naval Research Laboratory employees in the mid 1990s, and receives 60 percent of its funding from the U.S. government. It hides users’ IP addresses (the unique code that attaches your internet activity to your computer) by sending traffic from their computer and server to other, random points, “like anonymous bagmen trading briefcases in a parking garage,” according to Wired.

Users of Tor can access the surface web as normal, but can also browse websites that run Tor themselves–that’s where the hidden side of the internet exists. Tor websites don’t have a normal URL like Facebook.com, but instead consist of a jumble of seemingly random letters followed by “.onion,” like wlupld3ptjvsgwqw.onion for Wikileaks. This means that to access a Tor website, you most often need to know the exact web address.

Tor is working on developing its anonymity capabilities even further, Wired reported in January. Tor Project co-founder Nick Mathewson told the tech magazine that software released later this year will allow users to keep their sites completely secret, even from other Tor users.

“Someone can create a hidden service just for you that only you would know about, and the presence of that particular hidden service would be non-discoverable,” Mathewson told Wired. “As a building block, that would provide a much stronger basis for relatively secure and private systems than we’ve had before.”


Who Uses the Dark Web?

Criminals

The anonymous sale and exchange of illegal substances is responsible for most of the dark web’s notoriety. One of the most famous darknet marketplaces is the Silk Road, which was shut down in 2013, only to re-appear in various iterations. Most sites use bitcoin, rather than PayPal or credit cards, for transactions, since the e-currency allows customers to maintain their anonymity.

In June, Interpol launched a digital forensics course for wildlife crime investigators, to crack down on use of the dark web for the illegal trade of ivory and exotic animals.

Hackers have also been known to sell personal information, like login details for bank accounts or email accounts. In March 2015, thousands of active Uber account usernames and passwords were being sold for as little as $1-$5 on darknet marketplaces AlphaBay and ThinkingForward.

Dozens of hitmen are also available for hire on the dark web, but many sites, like BesaMafia, have been proven to be scams, or set up by law enforcement to catch people plotting murder.

“Normal” People

If you are unfamiliar with the dark web, you may be surprised to learn that many of its users are “Average Joes” (i.e. not internet-based arms dealers), who are interested in maintaining their internet privacy for less malicious reasons.

Politicians conducting secret deals, internet stalking victims wishing to keep their location private, and law enforcement officials investigating crimes are a large portion of the dark web’s user population. In a 2016 post on TurboFuture, blogger Dean Walsh noted the absurdity of these various populations interacting with terrorists, cybercriminals, and hackers.

“The fact that so many of the dark web’s users are enemies also leads to a strange dynamic,” Walsh writes. “I was tickled to see website security experts and criminal hackers sharing the same forums to discuss their common interests in computer security whilst hardly recognizing that they are nemeses.”

Activists and Journalists

The anonymity provided by dark web sites can also be a force for justice. Activists have been able to shed light on dire situations while avoiding detection in countries where oppressive regimes prevent civilians from using social media, or otherwise censor content posted on the internet.

Nima Fatemi, an Iranian activist and contributor to the Tor Project, taught friends and family how to use the service during a series of riots and protests in Tehran in 2009. Fatemi told Rolling Stone that Tor allowed him and others to post information about what was actually happening, while state television was “just showing photos of flowers and stuff.” “I found Tor and thought, ‘This is the tool.’ It was peace of mind,” Fatemi told Rolling Stone. “I felt it a duty because so many people outside of Iran had no idea that we were protesting.”

Organizations like the Electronic Frontier Foundation encourage protesters and journalists to use Tor networks to protect their identity. The non-profit news organization ProPublica recently launched a Tor version of its website, which means readers can safely read the publication’s articles undetected. A ProPublica spokesman told Wired that the development will make the website safe for users in locations like China, where heavy government censorship can affect internet content. Facebook also has a Tor version, which it says many of its users access on the regular.

“Wikileaks” Courtesy of Sean MacEntee : License (CC BY 2.0)

Terrorists?

While there is some evidence of ISIS militants and supporters using the dark web and other Tor-protected services to recruit and fund their efforts, researchers at King’s College London found relatively “little militant, extremist presence” on the dark web. Thomas Rid, one of the researchers who co-authored the paper Cryptopolitik and the Darknet, told Quartz that dark web sites are not very useful for quickly and effectively spreading propaganda.

“Hidden services are sometimes slow, and not as stable as you might hope,” Rid said. “So ease of use is not as great as it could be. There are better alternatives.”


Conclusion

When dark web activities make headlines, it’s usually for something nefarious. This criminal side will continue to be newsworthy as the NSA and FBI crack down on illegal darknet marketplaces like the Silk Road, and stolen consumer data on dark web sites. But beyond the child pornography, drug sales, and hitmen for hire, there are activists, journalists, and everyday internet users making use of the dark web. As sites like ProPublica and Facebook turn to Tor for security purposes, the lighter side of the dark web could have its moment in the sun.

Avery Anapol
Avery Anapol is a blogger and freelancer for Law Street Media. She holds a BA in journalism and mass communication from the George Washington University. When she’s not writing, Avery enjoys traveling, reading fiction, cooking, and waking up early. Contact Avery at Staff@LawStreetMedia.com.

The post Unraveling the Dark Web appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/technology/unraveling-dark-web/feed/ 0 62031
YouTube Faces Pressure From Music Artists To Pay Up https://legacy.lawstreetmedia.com/blogs/ip-copyright/youtube-pressure-artists/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/youtube-pressure-artists/#respond Tue, 18 Jul 2017 21:14:28 +0000 https://lawstreetmedia.com/?p=62201

Less money, more problems.

The post YouTube Faces Pressure From Music Artists To Pay Up appeared first on Law Street.

]]>
"Youtube Logo" Courtesy of Rego Korosi: License (CC BY-SA 2.0).

YouTube is facing renewed pressure from musicians and their lawyers over the share of revenue that artists receive from the site compared to other music platforms.

The issue stems from the fact that artists receive $1 per 1,000 plays on YouTube, but $7 per 1,000 plays from companies like Spotify or Apple Music, according to the Recording Industry Association of America (RIAA).

Earlier this Spring the RIAA claimed that YouTube, which is owned by Google, “wrongly exploits legal loopholes” to minimally pay musicians, according to NBC News. It is able to do this because of its standing as a third-party resource, which is protected by federal laws that distance the company from what its users post on the site.

YouTube is not liable due to the “safe harbor” rules, which state that platform sites are not liable if someone uploads a copyrighted song until the copyright holder files a complaint.

“It isn’t a level playing field,” said one music executive who spoke with Washington Post on the condition of anonymity. “Because ultimately you’re negotiating with a party who is going to have your content no matter what.”

The issue has become particularly relevant since the European Union decided to crack down on the issue within its territory. Noting the “value gap” between music services, the E.U. plans to release new regulations that can close the gap and provide artists the royalties that they want. So, the battle against YouTube is heating up.

YouTube’s main argument against these claims is that it provides exposure to musicians who wouldn’t normally get that publicity. The company also notes that it already spends $1 billion in royalties each year. The company claims that if it removed music from its website 85 percent of people would flock to services that offer even lower, or no, royalties. One issue with the validity of this claim is that it is based on a study that was commissioned by YouTube.

YouTube mainly generates its revenue from advertisements and sponsored content, but that money stream has dried up to some degree in recent months. Mega corporations such as Verizon, AT&T, and Enterprise recently pulled ads from YouTube after being displeased with their ads coinciding with videos they didn’t approve, according to Recode. So even though the company has had the money in the past to pay for expensive royalties, they may not have that much extra cash in the coming years.

Artists and those representing them have ample evidence that they are being ripped off by YouTube. Irving Azoff, who has represented musicians like Christina Aguilera, told the Washington Post that one of his other clients gets 33 percent of her streams from YouTube but that yields only 10 percent of her streaming revenue.

Another example: Cello player Zoe Keating showed the Washington Post that she earned $940 from 230,000 streams on Spotify and only $261 from 1.42 million views on YouTube. She said that the YouTube money is so negligible she barely pays attention.

Another issue is that even when YouTube signs licensing agreements with music labels they are signed begrudgingly. When Warner Music Group signed a new deal with YouTube, a memo from chief executive Steve Cooper leaked out revealing his feelings on the “very difficult circumstances”–his company caved instead of continuing to pay $2 million to remove its music from the site.

“There’s no getting around the fact that, even if YouTube doesn’t have licenses, our music will still be available but not monetized at all,” the memo said.

Just as the music industry struggled to adapt to emerging software in the 1990s with the emergence of Napster and Limewire, artists are once again trying to navigate a murky situation with music and video streaming services. Whatever the European Union chooses to do going forward could pave the way for what the American industry will do.

For now, you can still enjoy your favorite music on YouTube, Spotify, Apple Music, or any number of other services, but it’s worth noting how the service you choose affects the money going into the pockets of your favorite musicians. It may not make a difference for well-known artists like Pharrell or Arcade Fire, who have both complained, but it certainly matters for less popular artists like Keating.

Read More: Streaming Music: Good Business or an Attack on Artists?

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

The post YouTube Faces Pressure From Music Artists To Pay Up appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/ip-copyright/youtube-pressure-artists/feed/ 0 62201
Can Twitter Ban Donald Trump for Cyberbullying? https://legacy.lawstreetmedia.com/blogs/technology-blog/cyberbullying-exactly-laws-stop/ https://legacy.lawstreetmedia.com/blogs/technology-blog/cyberbullying-exactly-laws-stop/#respond Thu, 06 Jul 2017 21:02:35 +0000 https://lawstreetmedia.com/?p=61934

Some people believe Trump's tweets at "Morning Joe" hosts qualify as cyberbullying.

The post Can Twitter Ban Donald Trump for Cyberbullying? appeared first on Law Street.

]]>
Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

The internet is a powerful tool. It can be used to spread information quickly, to answer any question instantly, and to share photos of vacations. 

But the internet can also be a powerful platform where unsavory things can flourish. All the benefits of being able to spread information quickly and share photos can be used negatively. When these sorts of things are directed at a specific person or group, it is called “cyberbullying.

Stop Bullying, a website dedicated to spreading awareness about bullying, defines cyberbullying as:

bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites. Examples of cyberbullying include mean text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites, or fake profiles.

“Troll-in-Chief”

Recently, President Donald Trump attacked “Morning Joe” co-hosts Joe Scarborough and Mika Brzezinski on Twitter, saying:

This raised a lot of eyebrows and questions. One of the most serious questions raised was if Trump could be banned from Twitter for his behavior. John Cassidy of The New Yorker said that Trump will go down in history as the “Troll-in-Chief” because of his online behavior.

Sarah Huckabee Sanders, Trump’s spokeswoman, brushed off the criticism her boss was receiving. “This is a president who fights fire with fire,” Sanders explained. But where does self-defense end and cyberbullying begin?

Trump is the face of America to the rest of the world and his actions reflect on the entire country. More than that, as such a public and powerful figure, he is someone children will undoubtedly look up to. So with cyberbullying increasing in schools, it’s dangerous to have the commander-in-chief setting such a poor example for children.

Harmful Effects

The effects of cyberbullying can be serious. According to Stop Bullying, some of the effects cyberbullying can have on a victim include: alcohol and drug use, lower self-esteem, and health problems. 

Cyberbullying happens a lot more frequently than you might think. In a 2016 report by the Department of Education, 20.8 percent of students ages 12 through 18 reported being bullied in the 2014-15 school year. The study found that 6.1 percent of male students experienced bullying online or through text message. 15.9 percent of females reported being bullied online or via text. The disparity between male and female is bad enough. But the numbers themselves show a growing problem.

Cyberbullying is different than other forms of bullying for a few reasons. First, it can occur at any time. A bully no longer needs a face-to-face interaction to inflict harm. Through the wonders of the internet, someone can be reached at any hour of the day via text, social media, email, or other channels on the internet. Next, the layer of anonymity can invite more bullying in perpetrators who normally would not have engaged in the act. An article Psychology Today published in 2013 said,

The ability to be anonymous might increase the likelihood that youths will engage in the behavior. Furthermore, a cyberbully does not necessarily see the reaction of the victim, making it easier to engage in mean behaviors.

Those who engage in cyberbullying are subject to certain anti-bullying laws. See how your state stacks up here. In 2012, Delaware became the first state to introduce a comprehensive cyberbullying policy to be adopted by public schools in the state.

via GIPHY

As of 2017 every state has laws regarding cyberbullying, with most having both a policy and laws. Delaware’s policy was drafted by then-Lieutenant Governor Matt Denn and the late Attorney General Beau Biden. Here’s what Delaware’s policy says:

Incidents of cyberbullying shall be treated by each school district and charter school in the same manner as incidents of bullying, and notice of each school district’s and charter school’s policy against cyberbullying shall be provided to students, staff, and faculty in the same manner as notice of the school district’s and charter school’s policy against bullying.

This specific cyberbullying policy is intended for schools and how they can take action. But what about when cyberbullying takes place outside of a school setting?  

Many websites have anti-harassment rules, though they can get tricky to enforce. Take the President of the United States, for example. On July 2, only a few days after the Morning Joe attack, he tweeted:

 

Many people have suggested that Twitter ban Trump for this behavior. Twitter’s rules explicitly say “You may not make threats of violence or promote violence, including threatening or promoting terrorism.”

But the social media giant has not banned the president. Yet. Banning the president is a big deal, but cyberbullying is a pretty big deal, too.

Anne Grae Martin
Anne Grae Martin is a member of the class of 2017 University of Delaware. She is majoring in English Professional Writing and minoring in French and Spanish. When she’s not writing for Law Street, Anne Grae loves doing yoga, cooking, and correcting her friends’ grammar mistakes. Contact Anne Grae at staff@LawStreetMedia.com.

The post Can Twitter Ban Donald Trump for Cyberbullying? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/cyberbullying-exactly-laws-stop/feed/ 0 61934
Accidental Data Leak Exposes 198 Million Americans’ Personal Information https://legacy.lawstreetmedia.com/blogs/technology-blog/data-leak-millions-americans-information/ https://legacy.lawstreetmedia.com/blogs/technology-blog/data-leak-millions-americans-information/#respond Thu, 22 Jun 2017 20:32:19 +0000 https://lawstreetmedia.com/?p=61561

If you voted in 2016, there's a strong chance your info is out there.

The post Accidental Data Leak Exposes 198 Million Americans’ Personal Information appeared first on Law Street.

]]>
"Data Security Breach" courtesy of Blogtrepreneur/blogtrepreneur.com/tech; License: (CC BY 2.0)

The 2016 presidential election was noteworthy not just because of its outcome, but also for the extent to which both parties used technical data collection behind-the-scenes to secure victories in swing states. Just last week, a cyber risk analyst stumbled onto a trove of that gathered data, collected on 198 million Americans, on an unprotected server.

The analyst, Chris Vickery, an employee of the cyber security startup UpGuard, came across the 1.1 terabytes of data on an Amazon cloud server, which wasn’t password protected and was accessible to anyone with the URL address. According to UpGuard, it took Vickery several days to download the extensive dataset, which may have been left open and exposed for 10 to 14 days.

UpGuard is calling this leak the “largest known data exposure of its kind,” and confirmed that the discovered content includes names, dates of birth, home addresses, phone numbers, and indications of individuals’ ethnicities and religions. Voters’ political views on hot-button campaign issues such as fossil fuels and taxes were also minutely recorded, likely for future micro-targeted campaigns.

The information was collected by GOP data firm Deep Root Analytics, one of three data firms hired by the RNC to help Donald Trump win the presidential election.

The firm acknowledged that the data was theirs on Friday and released a statement apologizing for the breach.

Deep Root Analytics CEO Brent McGoldrick said the company takes “full responsibility” for the leak. He added that the mistake was likely due to “a recent change in asset access settings since June 1.”

Although much of the data collected by Deep Root Analytics is available online through more innocuous sources, many have been quick to analyze the leak’s potential cyber security ramifications.

“That such an enormous national database could be created and hosted online, missing even the simplest of protections against the data being publicly accessible, is troubling,” UpGuard said on their website.

This leak also comes at a time when the U.S. elections and elections in other western nations have been the targets of increasingly aggressive cyber attacks.

“This is deeply troubling,” Privacy International’s policy officer Frederike Kaltheuner told BBC News. “This is not just sensitive, it’s intimate information, predictions about people’s behavior, opinions, and beliefs that people have never decided to disclose to anyone.”

While this leak could have been much more damaging and revealed more secretive information, experts say this should be a cautionary warning. If companies don’t make cyber security a priority, individuals may have to worry a lot more the next time a leak occurs.

Celia Heudebourg
Celia Heudebourg is an editorial intern for Law Street Media. She is from Paris, France and is entering her senior year at Macalester College in Minnesota where she studies international relations and political science. When she’s not reading or watching the news, she can be found planning a trip abroad or binge-watching a good Netflix show. Contact Celia at Staff@LawStreetMedia.com.

The post Accidental Data Leak Exposes 198 Million Americans’ Personal Information appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/data-leak-millions-americans-information/feed/ 0 61561
Behind the FCC’s New Plan to Peel Back the Net Neutrality Rules https://legacy.lawstreetmedia.com/issues/technology/fcc-new-plan-net-neutrality/ https://legacy.lawstreetmedia.com/issues/technology/fcc-new-plan-net-neutrality/#respond Wed, 24 May 2017 17:32:02 +0000 https://lawstreetmedia.com/?p=60817

What's the future of net neutrality?

The post Behind the FCC’s New Plan to Peel Back the Net Neutrality Rules appeared first on Law Street.

]]>
"FCC" courtesy of jeanbaptisteparis; License: (CC BY-SA 2.0)

As the Trump Administration continues its efforts to undo much of the regulation put in place during President Barack Obama’s term in office, the FCC’s efforts to peel back net neutrality rules will be particularly controversial, as the issue has sparked fierce debate for several years. While much of the regulatory rollback happened quickly using the Congressional Review Act, a law that allows for expedited removal of recent regulations under a new president, the net neutrality rules will take quite a bit more time. In fact, this is just the latest development in a regulatory dispute that has been going on for nearly 10 years. Read on to see why this is such a contentious issue, what the proposed regulations would do, and what we can expect in the weeks and years ahead.


Quick Refresher: What is Net Neutrality?

While many people have heard the term network neutrality, understanding of it tends to vary widely. That may be because net neutrality is more of a general concept than a set of clear rules. The principle behind it is the idea that all online content should be treated equally and that no internet provider should be able to discriminate or block content regardless of the source or type. Most people support net neutrality, or at least the general concept behind it, but disagree on what needs to be done to ensure that networks are designed in a way that lives up to that principle. That disagreement is what brings us to the current debate over internet regulations. Some advocates argue that regulations blocking internet providers from discriminating against or privileging certain content or sources are necessary to protect a free and open internet. Opponents argue that absent these regulations we still wouldn’t have a problem with content discrimination and we should have as few regulations as possible to allow for internet investment and innovation.

The two major categories of groups involved in these debates are Internet Service Providers (ISPs) and content companies. Internet service providers are the companies that sell access to the internet, like Timer Warner Cable, Verizon, Comcast, and AT&T. Content companies are the businesses that create and distribute the things you find online–notable examples of these include Netflix, Google, and Facebook, but every website or online service is essentially a content company. The three core priorities for net neutrality regulation have been to prohibit blocking, slowing, and the paid prioritization of a source or type of content as it makes its way through the network to consumers.

While many agree that blocking and slowing shouldn’t be allowed, the issue of paid prioritization is one that tends to have more gray areas. This debate manifests itself in the context of internet fast lanes, where companies can pay up to ensure that consumers can download their services as quickly as possible, giving them a potential edge over the competition. For more on the fast lane debate, check out this explainer.

What Were the Old Rules?

Before we can get into the FCC’s proposal to peel back net neutrality rules, let’s take a quick look at how we got here. While Columbia Law professor Tim Wu coined the phrase in a journal article published in 2003, the regulatory debate didn’t really come into play until 2008, when it was revealed that Comcast was blocking or slowing BitTorrent traffic on its network. After that dispute, the FCC tried to intervene to prohibit companies from slowing or blocking traffic, but a federal appeals court ruled against the commission, concluding that it had limited authority over internet traffic. Two years later, the FCC issued an Open Internet Order establishing rules that sought to ensure neutrality with a focus on blocking, discrimination, and transparency. However, Verizon sued the commission, and in 2014, a federal appeals court struck down the bulk of those rules and concluded that under the internet’s current classification, the FCC didn’t have the authority to prevent ISPs from slowing or blocking web traffic.

At the center of the issue was the FCC’s initial decision to classify the internet as an information service and not a telecommunication service. The Communications Act of 1934–which created the FCC and was most recently overhauled in 1996–gives the commission varying authority when regulating these different services. The courts ruled that under the initial classification of the internet, the FCC did not have the authority to prohibit the blocking or slowing of web traffic. Following those decisions, the FCC decided in 2015 to reclassify the internet as a telecommunications service under Title II of the Communications Act, which gave it much greater authority to regulate. It then imposed regulations that were similar in principle to the original rules, but were upheld initially by the courts due to the new classification. This change, classifying the internet as a public utility, allowed the FCC to regulate providers as common carriers to block any form of traffic discrimination.


The FCC’s New Plan

Although the Obama-era FCC, led by former Chairman Tom Wheeler, went through the process of reclassifying the internet to allow for stricter regulation, that effort will likely be reversed under President Trump. The 2015 rules were adopted after a 3-2 vote by the FCC and one of the commissioners voting against the measure, Ajit Pai, now holds the reins as the commission’s chairman and has since vowed to undo those regulations.

Re-Reclassification

The FCC recently took the first step in its efforts to remove the utility-style regulations placed on the internet. While the whole process will likely take some time and face several lawsuits along the way, much like the original reclassification process, most expect Commissioner Pai to be successful. The process for creating new regulations is governed by the Administrative Procedures Act, which requires a notice and comment period for all proposed changes. This means that the FCC is required to notify the public that a rule change is coming, then seek public comments and take those into consideration as it develops the final rule. The FCC issued its notice of proposed rulemaking on May 18 to begin that process. While we do not know exactly what the new rule will involve–after the comment period, the final rule will be drafted, debated, and then adopted–the public notice outlined the commission’s goals going forward.

First, the rule would reclassify the internet to remove Title II regulations from internet service providers, moving back to what proponents call a light-touch framework under Title I. It would also reclassify mobile broadband, provided companies like AT&T and Verizon, as a private mobile service, which currently faces the same common carrier regulations after the 2015 rule change. Finally, the notice also asks for comments on what are known as the FCC’s bright-line rules, which are the central components of past net neutrality regulations. Specifically, these rules prevent providers from blocking, slowing, and creating paid prioritization deals with content companies. Finally, the proposal would remove a conduct standard created under the Title II regulations that applied to all ISPs.

While blocking and slowing have been important issues in the past, the possibility for paid prioritization, or internet fast lanes, under the new rules could have the biggest effect on the direction of the internet. This form of prioritization would allow large content companies like Netflix and YouTube to negotiate deals with ISPs to ensure that their content is delivered to consumers faster than other services. While competitors may be able to strike up their own deals in an effort to level the playing field, new companies may not have sufficient money in the early stages of development to secure these deals, making established companies more difficult to challenge.

In the video below, Chairman Pai outlines his goals for the new regulation:

FCC Chairman Pai argues that these rules will spur investment, leading ISPs to expand and improve upon their networks. He says that the utility-style regulation under the current rules places too much of a regulatory burden on internet companies making additional investment less attractive. In Pai’s view, investing in innovation and infrastructure is one of the most important issues facing the internet today, so he prefers fewer regulations in an effort to spur that investment.

Opponents argue that net neutrality is core to the innovative nature of the internet, and note that several companies have said that such rules would have little impact on investment decisions. Moreover, they note that given the ubiquity of the internet in our personal and professional lives, we should start to look at it like another utility company. Instead of loosening regulations to allow companies to innovate, we should view these networks like we do the electrical grid–as essential to our daily lives–and regulate them as such. The video below outlines the rationale for viewing ISPs as utilities:


Conclusion

Internet rules have been one of the most controversial regulatory issues in the last several years and the FCC’s recent efforts to change them once again mean that they will continue to be a hot-button issue in years to come. While the concept of net neutrality is quite broad, most of the current discussion focuses on whether we need rules to prevent blocking, slowing, and paid prioritization of online content–the so-called bright-line rules.

Amidst these larger debates are more technocratic ones relating to the extent of the Federal Communication Commission’s authority to regulate the internet. When previous attempts to enact bright-line rules to prevent discrimination against any kind of traffic have failed when challenged in the courts, the FCC under President Obama decided to reclassify the internet in order to make those rules with the necessary authority. While the Title II, utility-style regulations were initially upheld by the court, it’s unclear whether that question will be answered now that the new chairman is already working to undo past efforts. Given the level of interest across the political spectrum and from private citizens and large corporations alike, more court cases are likely to follow. But many still expect these changes, once they have worked their way through they regulatory process, to be upheld in the courts. Given the number of changes to internet regulation in the past several years, many observers have called on Congress to settle the issue once and for all. While the future of net neutrality remains uncertain, we can expect the ensuing regulatory debates to continue to ignite the vigorous public debate.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post Behind the FCC’s New Plan to Peel Back the Net Neutrality Rules appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/technology/fcc-new-plan-net-neutrality/feed/ 0 60817
The Strange Case of Wikipedia Zero https://legacy.lawstreetmedia.com/blogs/technology-blog/wikipedia-zero/ https://legacy.lawstreetmedia.com/blogs/technology-blog/wikipedia-zero/#respond Sun, 05 Mar 2017 16:50:28 +0000 https://lawstreetmedia.com/?p=59279

Are there any better options to address the criticisms?

The post The Strange Case of Wikipedia Zero appeared first on Law Street.

]]>
Image courtesy of Quinn Dombrowski; License: (CC BY-SA 2.0)

The Wikipedia Zero project was launched in 2012, with the goal of sharing Wikipedia via mobile phones across the world without forcing users to burn up their data. The program is specifically designed for users in developing countries where mobile data is incredibly expensive. Operators “zero-rate” Wikipedia and its affiliate projects don’t register as websites that users need data to access. Wikipedia Zero is active in 59 countries, and made headlines this week after partnering with Asiacell to launch the program in Iraq.

Wikipedia’s mission is similar to initiatives like Mark Zuckerburg’s Internet.org and Facebook Free Basics. Internet access is rarely prioritized in communities where access to food, clean water, housing, and healthcare are all lacking–yet connection to the internet means greater opportunities for business, education, and political participation.

While the project has the best of intentions, it has been criticized for copyright infringement as users in Bangladesh and Angola have used Wikipedia Zero and Facebook’s Free Basics to share copyrighted files. Wikipedia editors have tried to monitor and block this file sharing but it’s a daunting task that may not be possible without completely shutting down the project. Wikipedia Zero’s copyright infringement issues came to be because users realized they could manipulate the system in place–but internet piracy happens around the world, and these countries are hardly breaking the mold. Does the project really deserve to be shut down just because a portion of its users are engaging in piracy?

The internet is inextricably linked with development, so shutting down projects like Wikipedia Zero can only be a step backwards.  Yet as projects like Facebook Free Basics and Wikipedia Zero expand, they have to grapple with the consequences of users manipulating the tools they are given.  Beyond that, these companies have to recognize what expanding their audience means, as an audience with limited internet access may rely on them as their only source of information. Think about how fake news on Facebook has a genuine impact on public opinion–that fake news can be accessed globally, not just within the U.S., and suddenly a story that has no grounding in reality has been publicized across the globe. Wikipedia faces a similar problem as virtually anyone can edit or add to a Wikipedia page, which is why fact checkers and researchers generally shudder at its use as a resource. False information is being disseminated at a far greater rate when it seems to have been vetted by a brand name and Wikipedia’s branding is global.

It would be ideal if a more credible site like Encyclopedia Britannica or a useful news site like Reuters could be granted the “zero-rate”–but those sites simply aren’t as easy to access and navigate as the straightforward Wikipedia page, nor do they have the same foundational interest in spreading their content without financial gain that Wikipedia has. There are valid arguments for condemning or rolling back Wikipedia Zero, but what should it be replaced with? Unless governments can take on the herculean task of funding mobile data for their citizens, this may be as good as it gets.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

The post The Strange Case of Wikipedia Zero appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/wikipedia-zero/feed/ 0 59279
Saudi Women Skateboard and Criticize Men in Viral Music Video https://legacy.lawstreetmedia.com/blogs/culture-blog/saudi-women-viral-music-video/ https://legacy.lawstreetmedia.com/blogs/culture-blog/saudi-women-viral-music-video/#respond Fri, 03 Feb 2017 15:35:08 +0000 https://lawstreetmedia.com/?p=58624

The video highlights a growing protest movement.

The post Saudi Women Skateboard and Criticize Men in Viral Music Video appeared first on Law Street.

]]>
"Colourful Niqab" courtesy of Steve; license: (CC BY-ND 2.0)

In case you missed it, a super cool music video of Saudi women doing everything they are not supposed to do has gone viral. The video has been viewed millions of times in the past few weeks alone.

At the start of the video, several Saudi women enter a car with a little boy in the driver seat, since women are not allowed to drive. They are wearing full niqabs covering everything but their eyes. But when the camera cuts back to them outside the car, it turns out they were wearing colorful patterned clothes underneath. They start skateboarding, playing basketball, riding toy cars, and dancing. The women still wear the niqabs over the other layers throughout the video but they also wear Converse shoes and lots of eye makeup. And all of them seem to have a great time.

“The name of the song is ‘Hwages,’ which means something like ‘concerns’ or ‘obsessions,’” said NPR Music’s Anastasia Tsioulcas. “And the lyrics are pretty subversive. They start out, ‘May men disappear, they give us psychological illnesses/none of them are sane, each one has an illness.’” Also, in the middle of the video, there is a cutout of Donald Trump at a podium, with a sign saying “The House of Men” in Arabic.

Tsioulcas said that no one knows who the women are, but that the video’s director is Majed Alesa, who has millions of followers in Saudi Arabia. She also noted there has been more positive feedback than negative, despite the controversial content. Maybe it is time for the most gender-segregated country in the world to start to change?

During the fall, there was a campaign in Saudi Arabia aiming to end the guardianship system that requires women to have male permission before doing many important tasks. More than 14,000 women signed a petition and submitted it to the government. Some of the things women can’t do in Saudi Arabia include drive a car, wear revealing clothes or makeup, interact with men, go to public swimming pools, or even try clothes on when shopping. They are also not allowed to compete in sports at home, but the country did send female athletes to the London Olympics. Conservative clerics then called the athletes “prostitutes.”

Many believe change is within reach, and this music video might just be a proof of that. Check it out!

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Saudi Women Skateboard and Criticize Men in Viral Music Video appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/culture-blog/saudi-women-viral-music-video/feed/ 0 58624
How One Lawyer is Fighting Revenge Porn and Why that Fight Matters Now https://legacy.lawstreetmedia.com/blogs/law/revenge-porn-fight/ https://legacy.lawstreetmedia.com/blogs/law/revenge-porn-fight/#respond Tue, 03 Jan 2017 20:05:40 +0000 https://lawstreetmedia.com/?p=57897

She's pretty impressive.

The post How One Lawyer is Fighting Revenge Porn and Why that Fight Matters Now appeared first on Law Street.

]]>
"Smartphone" courtesy of Christian Hornick; license: (CC BY-SA 2.0)

Revenge porn–the non-consensual posting of someone’s explicit photos or videos, usually by an ex–is deeply problematic. And as our technology evolves, we need lawyers willing to help out those, often women, who fall victim to this kind of online harassment. Brooklyn attorney Carrie Goldberg specializes in sexual privacy and focuses on fighting revenge porn, and recently made headlines after being featured in a New Yorker profile. She was once the victim of online sexual harassment, and basically had to start her own law firm in order to become the kind of lawyer that was needed. She mainly represents young women who are trying to get photos off the internet, are being extorted, or have endured sexual abuse.

Many of her clients feel shame, even though they didn’t do anything wrong. One of the youngest is an African-American girl who is only 15 years old. When she was 13, she was raped by a classmate who filmed it and spread the video around the school. Instead of punishing the boy, the school sent the girl home and later transferred her to another school. She was in effect punished for being raped and harassed. Most other clients are women in their twenties who have ex-boyfriends or husbands who have spread or threatened to spread photos or videos online.

Goldberg has, sadly, seen a steady uptick in the number of clients seeking her help since the emergence of Donald Trump as a serious political contender. By this summer she had 35 active clients and had to hire a colleague. She said that many people seem to believe that a Trump presidency might mean a “license to be cruel.” And it’s not all revenge porn–for example she represents a family whose kids’ pictures were used in memes about the Pizzagate conspiracy.

Abuse on the internet flourishes easily, as it is hard to punish. In the case where someone just sends verbal threats it’s basically impossible to find the perpetrator. But we’re making progress. According to the New York Daily News, Goldberg has already done a lot:

She estimates she’s removed more than 900 pieces of revenge porn from the internet, protecting 72 victims. She’s also lobbied for legislation across the country and 34 states now have it — though not New York.

We’ll have to keep an eye on what Goldberg accomplishes in 2017.
Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post How One Lawyer is Fighting Revenge Porn and Why that Fight Matters Now appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/law/revenge-porn-fight/feed/ 0 57897
Facebook is Developing a Censorship Tool to Get Back into the Chinese Market https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-developing-censorship-tool-get-back-chinese-market/ https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-developing-censorship-tool-get-back-chinese-market/#respond Sat, 26 Nov 2016 22:04:57 +0000 http://lawstreetmedia.com/?p=57165

The social media site has been quietly inventing the tool.

The post Facebook is Developing a Censorship Tool to Get Back into the Chinese Market appeared first on Law Street.

]]>
"Facebook" courtesy of Christopher; license: (CC BY-SA 2.0)

Facebook has been blocked in China since 2009, but now the company is secretly developing a censorship tool that would help it gain access to the Chinese market again. The tool would allow another company–likely a Chinese partner–to block certain posts from appearing in people’s newsfeeds in different geographic areas, according to some Facebook employees who asked to remain anonymous. They said that Facebook would not suppress content itself, but the software would be available for a third party company. If the resulting software makes the Chinese government more comfortable with Facebook’s services, this may allow Facebook to get back into the Chinese market.

However, the employees pointed out that this is still in the research stage and may never be offered to Chinese authorities at all. But the information raises questions about Facebook’s ethics. It would give the company 1.4 billion potential new users if they gained access to the Chinese market. But it could also be a compromise of democratic values and making “the world more open,” as the company has named as one of its mottos. Several employees that worked on the censorship project have quit their jobs, according to the New York Times. Since the American election, the phenomenon of fake news has also tarnished the company’s image, and many asked what role the social media site played in the election outcome. Now the question is, if the company is cool with censoring real news in China, why not just block fake news at home?

The problem is probably that it’s hard to quickly decide what is fake and what is not. Mark Zuckerberg posted a long status update about how 99 percent of what you see on your newsfeed is correct, but depending on what pages you follow or who your friends are, you might see a little more or less. He responded to the criticism by stopping ads from fake news outlets and pointed out that Facebook does not want hoaxes on its site. This is not enough, according to many, but he promised that more would be done when a good strategy is available, saying:

This is an area where I believe we must proceed very carefully though. Identifying the ‘truth’ is complicated. While some hoaxes can be completely debunked, a greater amount of content, including from mainstream sources, often gets the basic idea right but some details wrong or omitted.

But creating a censorship tool for China contradicts Facebook’s image of being an ethical and socially aware company. Even if Facebook technically just developed the software, it could still enable totalitarian leaders to leave out information and decide what their citizens see and don’t see. Maybe the creator of the main information source for billions of people should take an even greater responsibility to prevent that.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Facebook is Developing a Censorship Tool to Get Back into the Chinese Market appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-developing-censorship-tool-get-back-chinese-market/feed/ 0 57165
Melania Trump Wants to Fight Cyberbullying, but Forgot Who She Married https://legacy.lawstreetmedia.com/elections/melania-trump-cyberbullying-speech/ https://legacy.lawstreetmedia.com/elections/melania-trump-cyberbullying-speech/#respond Fri, 04 Nov 2016 17:24:30 +0000 http://lawstreetmedia.com/?p=56690

An interesting messenger in the fight against bullying.

The post Melania Trump Wants to Fight Cyberbullying, but Forgot Who She Married appeared first on Law Street.

]]>
Image courtesy of Disney | ABC Television Group; license (CC BY-ND 2.0)

Melania Trump gave a rare speech in Pennsylvania on Thursday, in which she expressed her concerns about people being mean on the internet, causing many to ask: does she even know her husband?

Melania Trump has generally kept quiet in the campaign since it was revealed that she plagiarized parts of Michelle Obama’s speech from 2008 during the Republican National Convention in July. But on Thursday evening, Pennsylvania women got to hear what her plans would be if she were to become the First Lady.

Trump said she worries about “all of our children” and that people are being mean on the internet. “Our culture has gotten too mean and too rough, especially to children and teenagers,” she said. She went on to say that kids are “hurt when they are made fun of, or made to feel less in looks or intelligence. This makes their life hard. It can force them to hide and retreat.”

The irony in Melania Trump’s words–as her husband has become known for cyberbullying, insulting people based on their looks, and for the recent news that he may have sexually assaulted as many as 17 women–is almost too much. During the campaign, Donald Trump has insulted and verbally harassed anyone who is the least bit critical of him or doesn’t live up to his standards of appearance. The New York Times compiled a list of 282 people, places, and things that Trump has insulted since declaring his candidacy last June. The list includes, among many others, the TV show Saturday Night Live (“unfunny show”), actor Alec Baldwin (“portrayal stinks”), Megyn Kelly (“crazy” and “sick”), Alicia Machado (“disgusting”), and the United States (“weak”).

Melania may not have realized that she used one of Hillary Clinton’s foremost arguments against Donald–also put forth by Michelle Obama–to challenge his fitness for the presidency. Clinton and Obama both talk about how important it is to be a role model for children and to protect them from language that is disrespectful and mean. On Thursday, Melania Trump spoke of the exact same problems. She said:

It is never OK when a 12-year-old girl or boy is mocked, bullied or attacked. It is terrible when that happens on the playground and it is unacceptable when it’s done by someone with no name hiding on the Internet.

The internet reacted right away.

She also said that children are often picked on for their “looks and intelligence,” which she says isn’t cool. Trump also said that she will work for women’s rights. Maybe she forgot that her husband called Rosie O’Donnell “fat” and “ugly,” Bette Midler “extremely unattractive,” and Debbie Wasserman Schultz “highly neurotic.”

Donald Trump’s rhetoric has already had a notable effect on kids, a development that has actually been named the “Trump Effect.” His language may be increasing bullying in schools, especially for kids of a nationality, race, or religion that Trump has mocked.

Now Melania Trump says she would like to focus on the same groups and issues that the Democrats are using to criticize her husband. But the question is, will she be able to disregard everything that her husband has said and done, and how long will that last?

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Melania Trump Wants to Fight Cyberbullying, but Forgot Who She Married appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/elections/melania-trump-cyberbullying-speech/feed/ 0 56690
Facebook Has Trended Fake Articles Since Getting Rid of Human Editors https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-trended-fake-articles-since-getting-rid-human-editors/ https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-trended-fake-articles-since-getting-rid-human-editors/#respond Thu, 13 Oct 2016 13:00:43 +0000 http://lawstreetmedia.com/?p=56154

Whoops?

The post Facebook Has Trended Fake Articles Since Getting Rid of Human Editors appeared first on Law Street.

]]>
Image courtesy of [Rafiq Sarlie via Flickr]

A few months ago Facebook faced criticism and close scrutiny over how the content of peoples’ newsfeeds and trending stories are actually curated rather than based on impartial numbers. As a response to that controversy, Facebook got rid of its human editors in September and replaced them with an algorithm that automatically puts the top article for whatever topic is trending on top of the page.

But even though humans still watch over the system in case something goes wrong, the algorithm has gotten things very wrong. The Washington Post revealed on Wednesday that Facebook actually has repeatedly trended fake news since the change. Reporters conducted an experiment by looking deeper into the Facebook trending topics, and found that between the period of August 31 and September 22, they found five totally fake stories trending and three that were deeply inaccurate. They also found that things like links to iTunes, blog posts, and news releases often trended.

And social media users have noticed.

“I’m not at all surprised how many fake stories have trended. It was beyond predictable by anyone who spent time with the actual functionality of the product, not just the code,” said an employee who used to be on the team that oversaw “Trending,” speaking to the Washington Post on condition of anonymity.

One example of a fake story featured a man being kicked off of a college campus for praying, which was misinformed–the man was able to fill out some papers to keep praying in the campus area, but a student who had joined him for prayer was upset about it. Then there was a story about how fantastic the new iPhone is from a satirical fake news page, a news release from a discredited medical organization, and a story about 9/11 that falsely claimed to have proof that bombs were planted in the Twin Towers before the planes hit them.

The trending function on Facebook exists to highlight the most discussed and newsworthy topics of the day for its users. It is hard to know what Facebook is planning to do about the fake news–at a recent news conference it was indicated that the company might add filters to get rid of hoaxes and satirical content on the trending function, as it has on the newsfeed.

But, as scientist Walter Quattrociocchi told the Post, Facebook is an ideal breeding ground for conspiracies and misinformation due to its users’ tendencies to cluster together in like-minded groups. And combined with the personalized content in the newsfeeds, the fake news stories that are adapted to peoples’ personal likes risk increasing polarization between groups, and undermining understanding of people that are different. So let’s just all take Facebook with a grain of salt and keep an open mind.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Facebook Has Trended Fake Articles Since Getting Rid of Human Editors appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/facebook-trended-fake-articles-since-getting-rid-human-editors/feed/ 0 56154
Teen Sues Snapchat Discover Over Explicit Content https://legacy.lawstreetmedia.com/blogs/technology-blog/14-year-old-sues-snapchat-discover-explicit-content/ https://legacy.lawstreetmedia.com/blogs/technology-blog/14-year-old-sues-snapchat-discover-explicit-content/#respond Mon, 11 Jul 2016 18:26:07 +0000 http://lawstreetmedia.com/?p=53821

Should kids be able to see this content?

The post Teen Sues Snapchat Discover Over Explicit Content appeared first on Law Street.

]]>
"Snapchat" courtesy of [Maurizio Pesce via Flickr]

Snapchat has long been known for facilitating explicit content thanks to its function that erases pictures after a few seconds. But now a 14-year-old and his mom are suing Snapchat Discover because of that kind of content. The Discover channel features different media outlets with their own feeds of content that are produced exclusively for Snapchat and are often provocative or racy in order to attract followers.

What is Snapchat Discover?

Today the app involves so much more than taking a photo that disappears after a few seconds. You can face swap, add filters that give you the look of a bee, a puppy, or a vampire, follow news, save your images and videos and send private messages. The Discover function lets you follow your media outlet of choice–Cosmopolitan, Vice, MTV, or Buzzfeed, among others.

The class action lawsuit filed by the anonymous 14-year-old and his mom says that Snapchat doesn’t warn about content that is sexual or offensive. Kids are being exposed to content that is aimed at adults, such as articles named “Beware of Whiskey Dick” and “10 Things He Thinks When He Can’t Make You Orgasm.” According to the lawsuit:

Specifically, through Snapchat Discover, Snapchat is currently engaged in an insidious pattern and practice of intentionally exposing minors to harmful, offensive, prurient, and sexually offensive content, without warning minors or their parents that they would be exposed to such explicit content.

These pictures are from some of the articles that are mentioned:

What Is Snapchat’s Responsibility?

A spokesperson for Snapchat said in a statement that the company still hasn’t received the lawsuit, “but we are sorry if people were offended. Our Discover partners have editorial independence, which is something that we support.”

The argument is that if Snapchat is only a platform for social media, it has no responsibility over what is posted on the platform. But Ben Meiselas, one of the attorneys behind the lawsuit told BBC: “The layout, its format, what’s presented on a day-to-day basis–Snapchat is not a passive observer of this content.” A statement released in January 2015 about the Snapchat Discover Channel feature said that “it’s the result of collaboration with world-class leaders in media to build a storytelling format that puts the narrative first.” According to Meiselas, it’s that kind of language that indicates Snapchat has taken on the role of a publisher rather than just a platform.

However, an individual employed by one of the media companies that that has a Discover Channel, who asked to speak on the condition of anonymity, told Law Street that Snapchat does not have any input into their editions before they go live.

Snapchat is just four years old and is valued at $16 billion. It has 150 million users and is the app of choice for teenagers and young people. Since this is a class action lawsuit, a win for the 14-year-old could lead to financial compensation for many more kids.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Teen Sues Snapchat Discover Over Explicit Content appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/14-year-old-sues-snapchat-discover-explicit-content/feed/ 0 53821
Hillary Clinton Releases Tech Agenda Aiming to Equalize the Internet https://legacy.lawstreetmedia.com/elections/hillary-clinton-releases-tech-agenda-aiming-equalize-internet/ https://legacy.lawstreetmedia.com/elections/hillary-clinton-releases-tech-agenda-aiming-equalize-internet/#respond Tue, 05 Jul 2016 19:40:53 +0000 http://lawstreetmedia.com/?p=53710

Hillary Clinton released a tech and innovation agenda and it is an ambitious homage to progressive economic goals.

The post Hillary Clinton Releases Tech Agenda Aiming to Equalize the Internet appeared first on Law Street.

]]>
Image courtesy of Nathaniel F via Flickr

Last Tuesday, Hillary Clinton released a technology and innovation policy platform with a myriad of initiatives to expand internet accessibility, support STEM entrepreneurs, and more. The brief is full of bold ideas to revitalize the American economy through the outlet of technological innovation and proposes initiatives like deferring student loans for periods of 3 years for young entrepreneurs and expanding broadband internet access to every American household by 2020.

This is in stark contrast to Donald Trump who only has seven published platform points, none of which focus on technology and only one—tax reform—which really discusses American economy. In fact, some of Trump’s only comments on the topic of technology  have been calling to “close up parts of the internet.”

This paired with his opposition to net neutrality has pretty clearly put tech and open-internet advocates in Clinton’s court.

Hillary Clinton’s plan for innovation and technology is more than a favorable political contrast; it is a comprehensive plan for expanding technology, internet access and quality, and the culture of innovation in the U.S.

The plan consists of five core points;

  • Investing in technology to create jobs
  • Investing in digital infrastructure
  • Advancing America’s global technology leadership
  • Promoting innovation while protecting privacy
  • Engineering a more innovative government

Within these points are many specific proposals that tech advocates are fawning over such as defending net neutrality, engaging the private sector to create 50,000 computer science educators, and expanding internet access to more public places.

Despite having so many specific policy proposals, Clinton’s plan retains an overarching message to appeal to all voters; technology should not be exclusive but should act as an equalizer to allow anybody to become an entrepreneur and innovator.

The plan invests equally in industry and communities through proposals like offering loan forgiveness up to $17,500 to entrepreneurs who start businesses in “distressed areas,” improving copyright and patent systems, and offering grants to cities to expand low cost, high quality internet.

Though the plan is more far-reaching than a defense of net neutrality and goals to extend computer science education, it truly is a full economic policy agenda with initiatives to create jobs, reduce college debt, closing corporate loopholes and more. The fact that Hillary Clinton’s avenue to achieve these goals is technological innovation is emblematic of her commitment to the future and to opportunity.

While the plan has been met with some skepticism that Clinton is pandering to Silicon Valley-ites and concerns that the plan is too far-reaching to be achieved without a completely cooperative Congress abound, the plan is at the least evidence that Hillary Clinton and her team have a fantastic understanding of creating complex, cohesive policy that promotes progressive economic goals.

Ashlee Smith
Ashlee Smith is a Law Street Intern from San Antonio, TX. She is a sophomore at American University, pursuing a Bachelor of Arts in Political Science and Journalism. Her passions include social policy, coffee, and watching West Wing. Contact Ashlee at ASmith@LawStreetMedia.com.

The post Hillary Clinton Releases Tech Agenda Aiming to Equalize the Internet appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/elections/hillary-clinton-releases-tech-agenda-aiming-equalize-internet/feed/ 0 53710
Federal Court Upholds Net Neutrality: 4 Things You Need to Know https://legacy.lawstreetmedia.com/blogs/technology-blog/4-things-know-now-federal-court-upheld-net-neutrality/ https://legacy.lawstreetmedia.com/blogs/technology-blog/4-things-know-now-federal-court-upheld-net-neutrality/#respond Thu, 16 Jun 2016 14:11:17 +0000 http://lawstreetmedia.com/?p=53203

What's next now that a federal court has upheld FCC net neutrality regulations?

The post Federal Court Upholds Net Neutrality: 4 Things You Need to Know appeared first on Law Street.

]]>
"Switch!" Courtesy of [Andrew Hart via Flickr]

The D.C. Court of Appeals ruled Tuesday in favor of the Federal Communications Commission’s (FCC) net neutrality regulations to ensure an open internet in the U.S. In the wake of this latest victory for web activists and advocates of net neutrality, here are four things to consider as we move forward:

1. Your internet access won’t change, but it could get worse.

The FCC has been operating under stronger regulations from Internet Service Providers (ISPs) since February 2015–ISPs are now considered public utilities. However, if these regulations were not in place, ISPs would be allowed to manipulate the flow of the internet.

Debate on net neutrality focused on whether it was fair for ISPs to prioritize certain content providers who could pay more, and slow traffic to other content providers. What this meant for the average internet user was potentially higher buffering times on streaming services like Netflix and slower traffic to websites with lower priority. Yikes.

2. AT&T, lover of monopolies and telecommunications, is back at it again

AT&T has been one of the most vocal opponents of the reclassification of ISPs as telecommunication services and the government regulation that accompanies that reclassification. AT&T, among other opponents, claims that this intervention will lead to less innovation and investment.

In reaction to the ruling, AT&T Senior Executive VP David McAtee released a statement claiming, “We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal.”

But we’ve already seen U.S. v. AT&T in the 1970’s when AT&T was found to be breaking anti-trust laws in its monopolization of local telephone service in the U.S. And then there was the time the company tried to buy T-Mobile but abandoned the effort after a lawsuit was brought by the DOJ’s antitrust division.

Maybe AT&T just doesn’t understand that the U.S. government and its citizens have decided that we oppose the predatory business practices that are made possible with monopolies. But in case nobody has told them; no AT&T, you can’t keep trying to re-monopolize one of the most important services in the world.

3. We still have a long way to go to ensure an open, public internet service

Internet being considered a public utility is a big step. However, while we rejoice in our ability to binge-watch “Game of Thrones” at equal speeds, individuals living in rural and poor communities still face limited internet access.

Internet use in rural areas is at 78 percent, compared to 84 percent in urban and suburban areas. However, not all internet is equal. Oftentimes in rural areas, especially in parts of the south and western U.S., internet is offered at higher prices and lower speeds.

The dialogue around internet use also often disregards the inevitable fact that for poor families, buying computers that can cost hundreds to thousands of dollars and is not a priority, and often is not possible. The internet cannot truly be considered an open, free, and public service until we address the high prices and differences in speed and quality of internet faced by rural and poor communities throughout the U.S.

4. Don’t be surprised if you see net neutrality in the Supreme Court

In case the comment from AT&T’s David McAtee didn’t tip you off, it is widely suspected that net neutrality will find itself in the Supreme Court soon as AT&T and other providers have expressed intention of appealing the case.

The D.C. Court of Appeals found no merit to the arguments of ISPs in the case decided on Tuesday. Further, the issue has already been looked at in part by SCOTUS. In 2005, SCOTUS decided National Cable & Telecommunications Assn. v. Brand X Internet Services by essentially saying that since the legislation in the Telecommunications Act of 1996 was ambiguous, the FCC got to decide how to classify internet service (as a telecommunications service or an information service). The FCC clearly has since decided to classify internet as a telecommunications service. Nevertheless, expect to see net neutrality top headlines in a Supreme Court appeal soon.

But until then, we celebrate this win as one step close in a battle for universal access to the internet, the largest, most empowering, and most accessible information database in the world.

Ashlee Smith
Ashlee Smith is a Law Street Intern from San Antonio, TX. She is a sophomore at American University, pursuing a Bachelor of Arts in Political Science and Journalism. Her passions include social policy, coffee, and watching West Wing. Contact Ashlee at ASmith@LawStreetMedia.com.

The post Federal Court Upholds Net Neutrality: 4 Things You Need to Know appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/4-things-know-now-federal-court-upheld-net-neutrality/feed/ 0 53203
The Evolution of Activism: From the Streets to Social Media https://legacy.lawstreetmedia.com/issues/politics/evolution-activism-streets-social-media/ https://legacy.lawstreetmedia.com/issues/politics/evolution-activism-streets-social-media/#respond Thu, 21 Jan 2016 17:37:48 +0000 http://lawstreetmedia.com/?p=49853

While the process has changed, the fundamentals have not.

The post The Evolution of Activism: From the Streets to Social Media appeared first on Law Street.

]]>
Image courtesy of [Anonymous9000 via Flickr]

Activism in some form dates back to the beginning of politics. The United States itself was founded on the back of a series of protests that incited a rebellion and created a nation. Protesting or, more generally, activism are ancient practices that have persisted to the current day. However, while speaking out is nothing new, the platform people use has evolved from face to face, to written, to social media. Protests were once announced through picket lines; now they are championed through hashtags, while the same constant goal of seeking to correct an injustice has remained. Read on to see the history of protests in the United States, how they have changed, and if they have staying power in a rapid-fire digital age.


 A History of Discontent

The United States has been a hotbed for activism even before its inception. Multiple protests in a number of states set off the Revolutionary War and led to an American nation. Protests against the powers that be did not stop there, in fact, they continued on almost immediately starting with Shay’s Rebellion. In this case, farmers in Massachusetts organized and fought against the government over taxes and penalties for debt. Although the rebellion was quickly crushed, the threat it personified hastened the end of the Articles of Confederation and the creation of the Constitution.

Protests diversified as well, with a shift from farmers to the issues of slavery and labor rights. In 1831, Nat Turner launched his infamous slave rebellion which claimed the lives of 60 white people in Southampton County, Virginia. That rebellion, along with many other events, laid the groundwork for the ultimate litmus test on slavery, the Civil War.

Even after the Civil War, race remained a contentious issue, but the battle over labor also took center stage. One of the most infamous examples was the Pullman strike of 1884. This strike over declining wages involved a mass worker walkout, nearly crippling the nation’s rail industry. However, the strike ended when President Grover Cleveland sent federal troops in to help local security forces root out the protesters.

The next century had many of the same issues, with frequent protests over race or labor grievances. It also saw several other groups assert their rights as well. One such group was women seeking suffrage. While the seminal Seneca Falls Convention was held the century before, women still found themselves unable to vote at the beginning of the twentieth century. However, after trying a variety of tactics of varying effectiveness, highlighted most publicly by protests at the White House gates during WWI as well as women’s service during the war, the government eventually granted women the right to vote in 1920.

LGBT individuals also began asserting their rights publicly with a major turning point coming at the Stonewall Inn in 1969 where protesters clashed with police. Native American protestors particularly reemerged during this time too. In 1973, at Wounded Knee, South Dakota the American Indian Movement seized the town and engaged police and law enforcement in a 71-day standoff where no one was allowed to come or go. The area had been the site of one of the most gruesome massacres in history the century before, when in 1890 between 250 and 300 people, including many women and children were killed without reason.

The major movement of the 20th century, though, was the fight by Black Americans to receive the rights they were granted following the Civil War. Along with the right to vote and an end to segregation, among many other concerns, this movement was distinct in its scale and use of non-violent means. The civil rights effort also became tied to other concerns of the era, including the fight against poverty and protests over Vietnam. While the protests organized by Martin Luther King as well as many against the Vietnam War preached peace, they were often met with force. One of the most infamous examples is the killing of four Kent State students in 1970 by National Guard troops. The video below looks at one of the most prominent moments of activism the Civil Rights movement:

The activism that characterized the first 200 years of American history was a ground-up affair that was often very violent. In the beginning, violence was used as means for both sides, although even then the authorities often acted as instigators. But beginning in the 20th century and taking focus during Martin Luther King’s Civil Rights movement, the notion of non-violent resistance came to the forefront. While this certainly did not lead to the end of physical confrontations between protesters and those they protested against, it signaled a shift in the tactics used by protest groups. But with the rise of personal computers and the internet, protests have shifted again, with protestors moving from the physical world to the virtual.


Going Virtual

Unsurprisingly, as technology has permeated the world, activism has shifted from grassroots to the internet. Like other types of activism, the digital movement goes by a variety of names depending on the means used; perhaps the most all-encompassing is virtual activism. As the name implies, virtual activism uses a variety of digital mediums to get its message out including: the internet, cell phones, proxy servers, blogs, online petitioners, and most especially social media.

While this type of activism has only recently come to the forefront, it has been around for several decades. It was not until the 1990s, though, that it started gaining traction through new platforms like the launch of MoveOn.org and the use of email by protesters to organize during protests in Seattle against the WTO in 1999. Virtual activism continued and increased during the decade of the 2000s with protests against immigration policies, terrorist groups, education cuts, and authoritarianism.

This type of activism really hit the mainstream in 2011 with the Arab Spring. In this case, protesters used social media to coordinate demonstrations, denounce authority figures, and circumvent government influence. In more recent years, protests and movements like Occupy Wall Street and Black Lives Matter have continued to articulate their concerns over the internet expanding the medium as a tool. The following video looks at the potential of virtual activism:


Effectiveness

For all of the internet and social media’s ability to reach unprecedented audiences and provide up to the minute information, one question continues to linger: is this form of activism actually effective, or is it quickly forgotten from one day to the next? Online activism certainly has its limitations, which generally can be divided into two groups: first are the technical limitations like access to the internet, computer literacy, and government censorship, to name a few. An example of this is Iran’s censorship of the internet following riots stemming from an election in 2009 dubbed the Green Revolution.

The second type of limitation is highlighted well by another Law Street Media explainer about Hashtag Activism: can it be effective without a physical presence? As the piece explains, the main criticism of this new age of activism is that it lacks traditional aspects such as a leader and the requirement that people put themselves in literal harm’s way, so it may not carry the same weight as traditional forms of protest. This argument certainly has some substance to it, but even some of the hardest fought-for gains have lost their impact over the years despite being earned the old fashion way. From successful movements like the abortion and voting rights efforts, countervailing forces have removed many gains. Whether or not that is a good thing depends on your views, but the point is that traditional protests can also struggle to become or remain effective as well.

The accompanying video looks at how social media can play a role in activism:


Conclusion

When people look at protests or activism, everyone wants to point to the seminal moments–when someone stood up to armed police officers or stared down a tank. However, these moments are few and far between. In the meantime, there is a lot of suffering that goes unreported, speeches that go unheard, and a great amount of effort that ultimately may not lead to anything. In some cases even when circumstances appear to change, another incident shows they have not or previous gains are repealed or reduced.

While the manner of protests may have changed, the nature of them has not. At the core of each is a feeling by a person, a group or even a nation of an injustice that simply must be corrected. This started with people in the streets, continued through television and has now arrived in individual homes and workspaces via the internet and social media. Does this change in medium make these movements any less effective or any less righteous? Ultimately, it seems like only time will tell.

Until that time, however, what is vital is maintaining a spirit of questioning, of dissenting when something is wrong. Dissent is not always bad–it often moves the conversation, opens minds and paves the way for action. After all, it was Shay’s Rebellion that prompted Thomas Jefferson to write his friend James Madison saying, “a little rebellion now and then is a good thing.”



Resources

History: Shay’s Rebellion

History Matters: The Nat Turner Rebellion

Encyclopedia of Chicago: Pullman Strike

History: Seneca Falls Convention Begins

Civil Rights: Stonewall Riots

The Atlantic: Occupy Wounded Knee

Britannica: American Civil Rights Movement

New York Times: 4 Kent State Students Killed by Troops

Reset: Digital and Online Activism

Mashable: History of Internet Activism

TeleSur: What Became of Occupy Wall Street

Think Progress: Forty-two years after Roe v. Wade, The Sad State of Abortion Rights in the United States

Early America: Jefferson Letters to Madison

History Channel: The Fight for Women’s Suffrage

Encyclopedia of the Great Plains: Wounded Knee Massacre

Law Street Media: Hashtag Activism: Is It #Effective?

 

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post The Evolution of Activism: From the Streets to Social Media appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/politics/evolution-activism-streets-social-media/feed/ 0 49853
Steve Harvey, Miss Universe, and Mistakes in the Internet Age https://legacy.lawstreetmedia.com/blogs/entertainment-blog/steve-harvey-miss-universe-mistakes/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/steve-harvey-miss-universe-mistakes/#respond Wed, 23 Dec 2015 20:46:18 +0000 http://lawstreetmedia.com/?p=49723

Can mistakes ever be forgotten online, or will they always haunt us?

The post Steve Harvey, Miss Universe, and Mistakes in the Internet Age appeared first on Law Street.

]]>

Have you ever made a mistake that affected people at work? I’m willing to bet that you have. I have–I used to work in the Chemistry stockroom at a major university–I think that’s all I need to say. In some lines of work, meteorology, for example, mistakes are part of the day to day, and people don’t say much when something is flubbed a little bit. On the other hand, there are careers where mistakes cost lives–like surgery. Watch “Grey’s Anatomy” and you’ll know that, fiction aside, mistakes happen there, too. It’s rare, though, that a mistake at work will cause public ridicule.

Unless your job is hosting the Miss Universe pageant, I suppose.

The internet has been having a field day with the fact that Steve Harvey, the host of “Family Feud” and this year’s Miss Universe pageant, announced the wrong winner at the conclusion of the 2015 pageant that took place on  December 20 in Las Vegas. He awkwardly apologized on live television while last year’s Miss Universe took the crown and sash off of one stunned young woman, Miss Colombia, and then put it on another: Miss Philippines.

Entertainment Tonight has covered much of the aftermath, revealing that Steve Harvey is likely to continue hosting Miss Universe for several years, as stated in the contract that he signed just days before this year’s pageant. It’s also been revealed how he made his mistake–he didn’t rehearse who had won. He read the name off the cue card and then kept reading, seeing that his revealed winner was actually the first runner up. Harvey has reportedly apologized to both contestants. ET also revealed that Miss Colombia, Ariadna Gutierrez, has accepted her “destiny,” as she calls it, and loves that the entire world is talking about her country. She then took the high road and congratulated the new Miss Universe, Pia Alonzo Wurtzbach from the Philippines.

That’s all well and good, but let’s take a step back and think about this in a different way–the power our mistakes have to stay with us.

For example, many of you listened to the first season of the sensationally popular podcast, “Serial,” I’m sure. There were many aspects of the story that host Sarah Koenig explored, but one of the most cut and dry seemed to be this–Adnan Syed’s original attorney, Cristina Gutierrez (no relation to Miss Columbia), allegedly messed up his case. Her “flub” (if we can call it that) was one of those that changed someone’s life. Rather than taking a crown and year of publicity and appearances away from someone, her mistakes took away someone’s freedom (maybe–one can never be sure, but other lawyers have been outspoken in the fact that, had Syed’s case been presented properly, he would have never been convicted in the first place). The unfortunate aspect of this part of the “Serial” story is that Gutierrez died in 2004, so she can neither explain what was going on in her head at the time nor apologize to Syed, his family, or Hae Min Lee’s (the victim’s) family.

And, like in the case of Steve Harvey, the internet (and other podcasters) are giving her a really hard time. In fact, her son has even made a statement to a reporter at the Baltimore Sun defending his mother and her actions because of all of the attention “Serial” pointed at his mother. But the internet is unforgiving, in both the cases of Cristina Gutierrez and Steve Harvey.

It begs the question—can mistakes ever be forgotten online, or will they always haunt us?

Well,  it certainly seems that the memes and videos surrounding Steve Harvey are here to stay. Poor Cristina Gutierrez—whether or not she flubbed Syed’s case, nothing can be changed now. Even if he successfully wins his appeal, he still lost at least 16 of his best years to a life sentence in a Baltimore prison. Now that “Serial” has brought her seemingly small murder case to the big time, her name will most likely be forever be tarnished in the internet’s eyes. These two examples show us that, while the internet may forgive (such as in the publishing of the apologies released by Harvey), it never forgets. Sure, Steve Harvey is a celebrity; but Cristina Gutierrez was not. She was a regular person who was thrust into the spotlight after her untimely death in a way that would likely embarrass her if she was alive to see it. It’s a good example to everyone else—watch what you say and do. In the age of the internet, you seemingly can’t take it back.

Amanda Gernentz Hanson
Amanda Gernentz Hanson is a Minnesota native living in Austin, Texas. She holds a Bachelor’s degree in Chemistry from Hope College and a Master’s degree in Technical Communication from Minnesota State University, where her final project discussed intellectual property issues in freelancing and blogging. Amanda is an instructional designer full time, a freelance writer part time, and a nerd always. Contact Amanda at staff@LawStreetMedia.com.

The post Steve Harvey, Miss Universe, and Mistakes in the Internet Age appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/entertainment-blog/steve-harvey-miss-universe-mistakes/feed/ 0 49723
The Cost of Terrorism: How is ISIS Funded? https://legacy.lawstreetmedia.com/issues/world/kickstarting-terrorism-isis-funded/ https://legacy.lawstreetmedia.com/issues/world/kickstarting-terrorism-isis-funded/#respond Mon, 14 Dec 2015 17:02:47 +0000 http://lawstreetmedia.com/?p=49307

Following the money behind ISIS.

The post The Cost of Terrorism: How is ISIS Funded? appeared first on Law Street.

]]>
Image courtesy of [Pictures of Money via Flickr]

ISIS has been the focal point of public discussion for several months now and it seems like the group will not leave the spotlight anytime soon. But while we often talk about what the group is doing and how to respond, we often spend less time understanding how it is able to sustain itself. How do ISIS and other terrorist groups manage to continuously fund global operations while being attacked by several world powers?

In the case of ISIS, estimates suggest that the group’s assets equaled approximately $875 million in 2014, coming from a variety of sources that include oil production and taxes. ISIS and many other terrorist groups actually seem to resemble a sort of mix between a state government and a criminal syndicate, as their funding comes from a wide variety of sources. Read on to see where some of the money supporting ISIS, and other global terror groups, comes from.


Funding Terrorism in the Past

Traditionally terrorism has primarily been funded through private donations. This was certainly the case for ISIS’s predecessor, al-Qaida, which received much of its funding from wealthy Saudis. Charities can be effective because they are difficult to detect and tie to radical organizations. Many of these groups worked on legitimate causes while also funneling money to extremists, muddying the waters even further.

The money raised by these charities is then laundered through shell companies and some legitimate businesses, then transferred to a terrorist group. Another popular means of moving money is through remittances, which are popular in the Middle East. One example of remittances is the use of Hawalas, which are essentially untraceable wire transfers that allow people to send money from one country to their friends or relatives in another. According to a Treasury Department report, Hawalas are often cheaper and faster than traditional bank transactions, making them particularly appealing. Using middlemen with contacts in both countries, payments can be made without needing to transfer money for each transaction. While Hawalas are useful for many people who send money abroad for legitimate reasons, they are also well-liked by terrorist groups because they can be used in areas with little financial infrastructure and are hard to trace.

Efforts have been made to crack down on this type of financing–pressure has been placed both on Gulf nations, like Saudi Arabia, and financial institutions to look for any suspicious activity. While this certainly remains a viable source of income for terrorists, it has generally stopped being the number one source as governments have placed additional scrutiny on international financial transactions. Instead, ISIS and other groups have shifted to new tactics. The following video gives a look at money laundering and how terrorist groups raise funds illegally:


Help from Their Friends

While Gulf states’ support for terrorism has declined, it has certainly not been eliminated altogether. People in countries like Kuwait, Qatar, and Saudi Arabia have long been known as funders of ISIS and other extremist groups that include al-Qaida. These countries, which are in many ways American allies, argue that they are protecting Sunnis from Shiites in a larger struggle for the heart of Islam. The accompanying video looks at from where and how ISIS gets private donations, including those from American allies:

While banks, especially Western banks, have measures in place to identify money laundering and terrorist funding, the same is not true for all of the Gulf states. In places like Qatar, these controls are not as stringent and are not strongly enforced. ISIS also hires fundraisers to reach out to wealthy individuals and solicit money to support its cause.

Money can also be sent to ISIS in the form of fake humanitarian aid packages. These packages are often sent to war zones under the guise of humanitarian assistance but are not actually directed to an individual or organization. These transactions tend to be very difficult to stop for a host of reasons. In addition to poorly regulated banking systems, groups and individuals who send money are often influential in their home countries. Additionally, few humanitarian organizations have direct ties in the region to ensure that the assistance makes it to the proper aid workers.


Traditional Means

Taxes, Extortion, and Robbery

To fill the gap from private donations, ISIS, like traditional states, relies heavily on taxes. The group places a tax on everything it believes to be valuable, from businesses to vehicles. ISIS also taxes non-Muslims, giving them the choice between forced conversion, paying a tax, or facing death. These shakedowns take place at businesses, public areas, or at checkpoints, forcing people to pay or face violence and possibly death. ISIS also sends fundraisers ahead of its fighters to a town or city to demand money. It is important to note that the group only attacks and attempts to conquer areas with some sort of financial value. It rarely, for example, conquers vast tracts of desert simply to take more territory. Taxation has become an especially important source of income as its other revenue streams, like oil production, have declined.  In fact, taxation and extortion were actually ISIS’s largest sources of income in 2014, amounting to a reported $600 million in revenue.

In many ways, the taxation practiced by ISIS is a form of theft, but the group also does its fair share of outright robbery. When the group took the Iraqi cities of Mosul and Tikrit last year it seized vast quantities of money from bank vaults–estimates suggest those confiscations amounted to $1.5 billion. The group is also notorious for outright stealing possessions from people when it conquers a new territory.

Kidnapping

Another means for ISIS to offset its expenses is turning to organized crime. Emulating its predecessor al-Qaida, ISIS has relied heavily on kidnapping for ransoms. ISIS’s victims are traditionally Westerners, many of whom work for wealthy organizations. Although European countries sometimes pay ransoms, some countries such as the United States will not, though some corporations will discreetly pay ransoms for their workers.

In 2014, the U.S. Treasury estimated that ISIS made as much as $20 million dollars from kidnapping. This money did not only come from abducting foreigners, it was also the result of the group’s willingness to kidnap citizens within its own territory if it feels it can generate a high enough payoff.

Drug Trafficking

Along with trafficking in people, like any criminal organization, ISIS may deal in drugs. While it is unclear how much revenue the group receives from the practice, it seems likely that drugs are one more weapon in ISIS’s financial arsenal. This is another example of ISIS learning from its predecessor Al-Qaeda.

Oil/Water/Food

While these are all important revenue streams for ISIS, its most valuable asset is the one it shares with its Middle Eastern neighbors: oil. Iraq has the fifth largest proven oil reserves in the world and ISIS uses this supply to help fill its coffers. While many of the world’s nations impose sanctions on ISIS to prevent it from selling any of these supplies, the group still manages to smuggle oil for profit. Using paths developed in Iraq during the time of Saddam Hussein, the group is able to smuggle out oil, cash, and other contraband to neighboring countries. In 2014, depending on the always-volatile price-per-barrel of oil, ISIS was making between $1 to $2 million a day off oil revenue.

Although much of the oil is smuggled illegally into neighboring countries, it may also be finding more legitimate routes. According to Russian sources, Turkey is allowing large shipments of oil from areas known to be under ISIS’s control. While this could very easily be a baseless accusation in the wake of Turkey shooting down a Russian fighter jet, it may be worth considering. David Cohen, the Undersecretary for Terrorism and Financial Intelligence at the U.S. Treasury noted that Turkey, Syria, and the Kurds have all made deals, through middlemen, to acquire oil from ISIS despite openly fighting the group.

Other Means

ISIS has also utilized other creative methods to fill its reserves. One such method is looting the historical sites that it has become notorious for destroying. Another is through its well-known skills with social media. ISIS uses apps such as WhatsApp and Kik to coordinate covert money drop-offs from its supporters. Other groups such as Boko Haram have even more innovative schemes, from acting as local muscle to employing internet scams.

Ultimately, though, how much ISIS relies on any one source and how valuable any one source is to the group tends to fluctuate a lot. After all, the group now makes far more from taxes than oil production and early sources of income like robbing banks may start to dry up. So far, this strategy has been effective as ISIS really only spends money on fighter salaries, while it salvages weapons and avoids building projects because of the threat posed by airstrikes.ISIS’s strategy is one of thriftiness, especially regarding the social services it offers to its conquered subjects, could prove more decisive than any allied bomb strike in determining its future.

The video below details how ISIS gets its money:


Conclusion

ISIS has proven to be extremely difficult to defeat by conventional means. Despite waves of airstrikes and military support for the Syrian, Kurdish, and Iraqi militaries, the group has endured and even thrived. This is a result of several factors, one of which is ISIS’s ability to draw revenue from a variety of sources while operating a crude form of local government. Another is its ability to draw revenue from a variety of sources much like a criminal enterprise. Many of these methods were pioneered by al-Qaida and are now also being adopted by Boko Haram as well.

However, ISIS’s ability to survive is also partly attributable to the difficulty, and the occasional unwillingness, of bordering countries to crack down on the flow of money to terrorist organizations. These countries have, in some cases, let ISIS smuggle goods into their countries, rampage unopposed and even somewhat directly financed its operations.

To eliminate ISIS, like al-Qaida before it, ISIS’s finances must be crippled. If you can’t pay people to fight for you, or provide services as a government, staying in power becomes increasingly difficult. However, ISIS and like-minded groups have become particularly effective at keeping the lights on.


Resources

Council on Foreign Relations: Tracking Down Terrorist Financing

Newsweek: How does ISIS fund its Reign of Terror?

The Jerusalem Post: How does the Islamic State Fund its Activities?

Security Intelligence: Funding Terrorists the Rise of ISIS

The Daily Beast: America’s Allies are Funding ISIS

Independent: Russia Publishes “Proof” Turkey’s Erdogan is Smuggling ISIS Oil Across Border from Syria

RFI: Nigerian Intelligence Chief Calls for Untangling of Boko Haram Funding

Perspectives on Terrorism: A Financial Profile of the Terrorism of Al-Qaeda and its Affiliates

Political Violence at a Glance: ISIS, Ideology, and the Illicit Economy

New York Times: ISIS Finances Are Strong

Vox: This Detailed Look at ISIS’s Budget Shows That it’s Well-funded and Somewhat Incompetent

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post The Cost of Terrorism: How is ISIS Funded? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/world/kickstarting-terrorism-isis-funded/feed/ 0 49307
Window’s New Parental Control Feature Could Accidentally Out LGBTQ Youth https://legacy.lawstreetmedia.com/blogs/technology-blog/windows-new-parental-control-feature-could-accidentally-out-lgbtq-youth/ https://legacy.lawstreetmedia.com/blogs/technology-blog/windows-new-parental-control-feature-could-accidentally-out-lgbtq-youth/#respond Mon, 31 Aug 2015 18:35:23 +0000 http://lawstreetmedia.wpengine.com/?p=47420

This new feature could be more damaging than it is useful.

The post Window’s New Parental Control Feature Could Accidentally Out LGBTQ Youth appeared first on Law Street.

]]>
Image courtesy of [Chris Beckett via Flickr]

The newest update to Windows is here, complete with a pretty unique feature. The newest version of the system will send weekly “activity updates” on children’s accounts to their parents, allowing the parents to see their browsing histories and usage. But Window’s new parental control feature is a potentially dangerous invasion of privacy for young people.

The feature, according to Business Insider, is automatically turned on for family accounts on a computer running Windows 10. Each week, the parental account will get an email with information about the activity on the child’s account. As Microsoft put it on its website:

When you add a child’s Microsoft account to your family, you’ll get regular activity report emails summarizing how much time they spent on the PC, the websites they visited, the games and apps they used, and the terms they’ve looked up in search engines like Bing, Google, or Yahoo! Search.

But the internet has long been a valuable resource for young people to explore parts of the world on their own. It allows young people to connect with others outside of their immediate area and discover new hobbies or interests.

The internet has also been a particularly important resource for LGBTQ teens who are looking for resources. Some of these teens could be accidentally outed to their parents by Window’s new service. LGBTQ youths are still subject to abuse, harassment, and rejection by their families at heartbreakingly frequent rates. The Center for American Progress reports that roughly half of LGBTQ youth face a negative reaction from their families when they come out. According to the Williams Institute, a non-profit organization that works with LGBTQ young people, roughly 40 percent of homeless youth identify as LGBTQ. For a young person who is not ready to have that conversation with his parents yet, the fact that his internet searches can out him has the potential to become incredibly dangerous and damaging.

Another big flaw in this supposed “safety feature” implemented by Windows is that it doesn’t tell the young people they are being monitored. There’s apparently a small pop up that informs the user that their use could be monitored, but there aren’t any details about what extent, or the very active way in which Microsoft informs parents.

It’s understandable that some parents would want to know what their child is looking at on the internet, but this new Windows feature could end up doing more damage than good.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Window’s New Parental Control Feature Could Accidentally Out LGBTQ Youth appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/windows-new-parental-control-feature-could-accidentally-out-lgbtq-youth/feed/ 0 47420
Will Internet Access in Public Housing Bridge the Digital Divide? https://legacy.lawstreetmedia.com/news/will-internet-access-public-housing-bridge-digital-divide/ https://legacy.lawstreetmedia.com/news/will-internet-access-public-housing-bridge-digital-divide/#respond Fri, 17 Jul 2015 16:37:58 +0000 http://lawstreetmedia.wpengine.com/?p=45186

Life, liberty, and the pursuit of internet?

The post Will Internet Access in Public Housing Bridge the Digital Divide? appeared first on Law Street.

]]>
Image courtesy of [waldopepper via Flickr]

President Obama announced on Wednesday the development of a pilot program to expand broadband access for people who live in public housing. This is the latest effort to bridge the “digital divide” between the rich and the poor.

The plan, called ConnectHome, will launch in 27 cities nationwide. With assistance from mayors, internet service providers, and other companies and nonprofits, the Department of Housing and Urban Development will make it cheaper and easier for more than 275,000 low-income households with almost 200,000 children to get internet at home, the White House said in a statement Wednesday.

The plan is consistent with a broader White House goal to upgrade the nation’s technology infrastructure, bringing high speed internet to every corner of the country.

There are already a few internet service providers that have committed to ConnectHome. Google in Atlanta, Durham, Kansas City, and Nashville will provide free internet internet connections in some public housing. Sprint Corp will offer free wireless broadband access to families with kids in public housing. In Seattle, CenturyLink will provide broadband service for pubic housing residents for $9.95 a month for the first year. Cox Communications is offering home internet for $9.95 a month to families with children in school in four cities in Georgia, Louisiana, and Connecticut. President Obama spoke about the program in Durant, Oklahoma where the Choctaw Tribal Nation is working with four local providers to bring internet to 425 homes.

The program is an extension of the president’s ConnectED initiative, which was announced in 2013 and aims to link 99 percent of students from kindergarten through 12th grade to high-speed internet in classrooms and libraries over the next five years. 

The announcement was timed to coincide with the release of a report from the White House Council of Economic Advisers, which highlights how low-income families in America do not benefit from high-speed broadband, despite the recent increase in internet usage in the past few years. Nearly two-thirds of the lowest income households own a computer, but less than half have a home internet connection. A news release about the report said:

While many middle-class U.S. students go home to Internet access, allowing them to do research, write papers and communicate digitally with their teachers and other students, too many lower-income children go unplugged every afternoon when school ends. This ‘homework gap’ runs the risk of widening the achievement gap, denying hardworking students the benefit of a technology-enriched education.

At the peak of the digital age, those who cannot access the internet are unintentionally falling behind. They are falling victim to the “digital divide” that occurs when lower income families aren’t able to utilize the same resources as families in higher income brackets. The internet is used for everything these days–it is used to stay in contact with family and friends, complete homework assignments, play games, go shopping, apply for jobs, read books, play music, and expand our worlds. Low income families who don’t have access to these tools will hopefully soon be able to close that gap as a result of ConnectHome and similar programs.

Angel Idowu
Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

The post Will Internet Access in Public Housing Bridge the Digital Divide? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/will-internet-access-public-housing-bridge-digital-divide/feed/ 0 45186
Anthony Elonis’s Conviction Overturned: Are Online Threats Now Fair Game? https://legacy.lawstreetmedia.com/news/anthony-eloniss-conviction-overturned-online-threats-now-fair-game/ https://legacy.lawstreetmedia.com/news/anthony-eloniss-conviction-overturned-online-threats-now-fair-game/#respond Wed, 03 Jun 2015 17:03:26 +0000 http://lawstreetmedia.wpengine.com/?p=42191

SCOTUS's new ruling may complicate things.

The post Anthony Elonis’s Conviction Overturned: Are Online Threats Now Fair Game? appeared first on Law Street.

]]>
Image courtesy of [Thomas Heylen via Flickr]

Should all online threats lead to time in prison? According to the Supreme Court, simply reporting a threat posted by someone on the internet is no longer enough to put them in jail, as the Supreme Court just overturned the 2011 conviction of Anthony Elonis. A Pennsylvania native, Elonis was sentenced to jail after posting multiple threats toward his wife, co-workers, and elementary schools in the form of lyrics on Facebook. He claimed to use these posts as therapeutic methods to cope with his depression. However, due to their violent nature, he was convicted for violating a federal threat statute. Elonis appealed his conviction to the Supreme Court, arguing that the government should have been required to prove he truly had an intent to act on these threats before sentencing him to a 44 month term in jail. That argument convinced the Supreme Court–but what does it mean for online communication moving forward?

With this ruling, the Supreme Court says courts must consider the defendant’s state of mind and whether he intended to actually do wrong. This simply means that there must be some proof that the defendant intended to follow through on what he was posting. The court gave a 7-2 opinion but did not set a clear standard for what constitutes this intent to act out these threats. There are questions of whether this will potentially create uncertainties during future trials. In fact, Justices Clarence Thomas and Samuel A. Alito Jr. believe that this opinion is more confusing than enlightening. Thomas wrote, “This failure to decide throws everyone from appellate judges to everyday Facebook users into a state of uncertainty.”

This is a very tricky case with two sides to it. Something that is posted online may very well be taken out of context, but there is also a good chance that someone who has intent to cause harm to others will not be seen as guilty in a courtroom due to the lack of proof. Michele M. Garcia, director of the Stalker Resource Centerstated,

This decision fails to recognize that victims of stalking experience fear regardless of the offender’s intent. If what constitutes a threat is not clearly defined, our concern is that this ruling provides enormous space for stalkers and abusers to act.

Mai Fernandez, executive director of the National Center for Victims of Crime, described the internet as “the crime scene of the 21st century. Kim Gandy, president of the National Network to End Domestic Violence, stated,

Threats play a central role in domestic abuse and is a core tactic that many abusers employ, regardless of whether the abuser intended to threaten or only intended to vent or to make a joke.

I can’t help but wonder if this decision will help people who do plan to harm others avoid prison?  There is a big concern that this will let internet abusers get around the law by writing hateful posts that “technically” are not threats but are still frightening to others. This decision may make it much more difficult to prosecute those whose posts are a precursor to violence that is going to take place. Only time will tell if this decision by the Supreme Court was beneficial or harmful for those dealing with internet threats.

Taelor Bentley
Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

The post Anthony Elonis’s Conviction Overturned: Are Online Threats Now Fair Game? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/anthony-eloniss-conviction-overturned-online-threats-now-fair-game/feed/ 0 42191
This Site Will Save You Money on Airfare, But is it Legal? https://legacy.lawstreetmedia.com/news/this-site-will-save-you-money-on-airfare-legal/ https://legacy.lawstreetmedia.com/news/this-site-will-save-you-money-on-airfare-legal/#comments Wed, 06 May 2015 12:30:04 +0000 http://lawstreetmedia.wpengine.com/?p=39291

A judge threw out United Airlines' lawsuit against a site that lets you get cheap airfare with hidden-city tickets.

The post This Site Will Save You Money on Airfare, But is it Legal? appeared first on Law Street.

]]>
Image courtesy of [Swaminathan via Flickr]

It’s no secret that flying is expensive, and many customers will do almost anything they can to save a few bucks on airfare. Under that assumption, 22-year-old entrepreneur Aktarer Zaman created a website called Skiplagged.com. Skiplagged advertises itself as “better at finding cheap flights than any other website!” However, because Skiplagged operates based on a loophole in airline pricing, airline companies aren’t as ecstatic about this new site as many consumers. In fact, United Airlines filed a suit against Skiplagged. There’s good and bad news for purveyors of cheap flights–the good news is that the lawsuit was just thrown out by a judge.The bad news is that the legal fights aren’t over yet.

Skiplagged is able to find cheaper fares by taking advantage of what is dubbed “hidden city pricing.” These “hidden cities” are the layover locations of flights. Suppose you’re trying to get from Atlanta to Philadelphia. It might be cheaper to book a flight from Atlanta to Boston, with a layover in Philadelphia, then just walk off the plane in Philadelphia and never continue on to Boston. You obviously wouldn’t be able to check a bag, but if you’re looking to save a few bucks, it’s a pretty brilliant idea. It’s always been possible for individuals to do so, but it takes a decent amount of research and work. Zaman built a website that does the same thing.

So financially, it’s definitely a win. But what about the ethics of this approach? That is significantly fuzzier. Technically speaking, by purposely not getting on a connecting flight, you are breaching the contract you signed with the airline when you purchased the ticket. You also may cause delays–if the flight crew is trying to make sure that they have all the customers on board it may take them a while to mark someone a no-show. Most importantly to the airlines, you’re costing them money.

As a result, United decided to sue Zaman, saying that he promoted “unfair competition” and “deceptive behavior.” Travel site Orbitz sued Zaman because you can’t book flights directly on Skiplagged, so the site directs you to purchase them from other retailers, such as Orbitz. Orbitz didn’t want to lose its bookings as a result of Skiplagged’s recommendations. Orbitz, however, settled its lawsuit in February, although the exact details of that settlement have not been disclosed.

As for the United lawsuit, that was just thrown out out by Chicago Judge John Robert Blakey of the Northern District Court of Illinois, but not on the merits of the case. It was thrown out because the court in which it was filed lacked the jurisdiction to decide the suit, given that Zaman did not live or do business in Chicago. This leaves United with the opportunity to try again in a more appropriate jurisdiction.

Trying again is something that the airline probably will do. United released a statement after the decision saying:

We remain troubled that Mr. Zaman continues to openly encourage customers to violate our contract of carriage by purchasing hidden-city tickets, putting the validity of their ticket and MileagePlus status at risk.

So, United will probably continue its quest to put Skiplagged out of business, and given the revenue that airlines have the potential to lose from this trick, others may join the lawsuit. For now, Skiplagged appears operational, but there’s no guarantee it will stay that way for long.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post This Site Will Save You Money on Airfare, But is it Legal? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/this-site-will-save-you-money-on-airfare-legal/feed/ 1 39291
Comcast, Time Warner Cable Merger is Off https://legacy.lawstreetmedia.com/news/comcast-time-warner-cable-not-moving-ahead-merger/ https://legacy.lawstreetmedia.com/news/comcast-time-warner-cable-not-moving-ahead-merger/#respond Sun, 26 Apr 2015 15:00:21 +0000 http://lawstreetmedia.wpengine.com/?p=38725

Comcast and Time Warner decided not to move ahead with their merger, much to the DOJ and FCC's delight.

The post Comcast, Time Warner Cable Merger is Off appeared first on Law Street.

]]>
Image courtesy of [Mike Mozart via Flickr]

After a lot of speculation and scrutiny, the Comcast/Time Warner Cable deal is officially dead in the water. The proposed acquisition deal, which would have brought 30 million customers into the folds of a single company, had raised concerns for many about the potential of a monopoly. Now, however, those concerns are no longer relevant, as both companies have announced that they won’t be moving forward with the $45.2 billion deal.

The companies appear to have been scared off after moves by the Justice Department (DOJ) and the Federal Communications Commission (FCC). Rumors indicated that DOJ wasn’t too happy with the proposed merger–Attorney General Eric Holder was allowing a lawsuit to move forward that could block the merger. The FCC was also leaning toward holding a hearing on it. Usually FCC hearings aren’t a great sign when it comes to these kinds of deals, after all, it was viewed as the proverbial nail in the coffin to the proposed AT&T and T-Mobile merger a few years ago.

FCC Chairman Tom Wheeler spoke after the companies announced their intentions to abandon the deal, saying:

Today, an online video market is emerging that offers new business models and greater consumer choice. The proposed merger would have posed an unacceptable risk to competition and innovation, including to the ability of online video providers to reach and serve consumers.

Holder also applauded the decision the companies had made not to move forward.

Individuals and advocacy groups alike argued against the merger, claiming that it would hurt consumers. Advocacy group Common Cause’s President Miles Rapoport stated about the end to the merger:

As we saw in February when the FCC adopted strong rules to protect the free flow of information online, citizen voices can still make a difference in our government’s decision making. More than 800,000 Americans told the FCC that the Comcast/Time Warner Cable merger would be bad for competition and innovation; their arguments were well-founded and have now carried the day. This is their victory.

So what’s next for the cable industry? Those in the know have speculated that Time Warner Cable may seek a merger with Charter Communications instead, under the assumption that two smaller companies combining would set off fewer red flags. That seems like a relatively likely outcome. John Malone who heads up the group that owns Charter Communications said last November, “Hell, yes” he’d buy Time Warner Cable if the Comcast deal fell through. If those two were to combine, Charter would become the second largest cable company in the United States–Comcast would still hold the number one seat. Conversely, others are speculating that Time Warner Cable will acquire a smaller company itself. Regardless of whether or not this particular deal has fallen through, we should probably still expect to see mergers between big cable and internet companies.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Comcast, Time Warner Cable Merger is Off appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/comcast-time-warner-cable-not-moving-ahead-merger/feed/ 0 38725
New York Woman Can Serve Husband Divorce Papers Via Facebook https://legacy.lawstreetmedia.com/news/new-york-woman-serves-husband-divorce-papers-via-facebook/ https://legacy.lawstreetmedia.com/news/new-york-woman-serves-husband-divorce-papers-via-facebook/#comments Tue, 07 Apr 2015 19:31:54 +0000 http://lawstreetmedia.wpengine.com/?p=37479

Divorce can be messy, especially when one spouse goes AWOL.

The post New York Woman Can Serve Husband Divorce Papers Via Facebook appeared first on Law Street.

]]>
Image courtesy of [Oli Dunkley via Flickr]

Divorce can be messy, especially when one spouse goes AWOL before any papers can be officially served. However, handing out those divorce papers may have just gotten a lot easier with the help of a landmark ruling that is allowing one woman to serve her husband divorce papers over Facebook.


According to the New York Daily News, Manhattan Supreme Court Justice Matthew Cooper is allowing a nurse named Ellanora Baidoo to serve her elusive husband, Victor Sena Blood-Dzraku, with divorce papers via a Facebook message sent by her lawyer. Judge Cooper wrote:

[Baidoo] is granted permission serve defendant with the divorce summons using a private message through Facebook. This transmittal shall be repeated by plaintiff’s attorney to defendant once a week for three consecutive weeks or until acknowledged.

The ruling indicates that Baidoo resorted to using the social networking site after her husband suddenly became unable to be reached except by phone and Facebook. Judge Cooper stated:

The last address plaintiff has for defendant is an apartment that he vacated in 2011. Baidoo has spoken with defendant by telephone on occasion and he has told her that he has no fixed address and no place of employment. He has also refused to make himself available to be served with divorce papers…The post office has no forwarding address for him, there is no billing address linked to his prepaid cell phone, and the Department of Motor Vehicles has no record of him.

It’s behavior like Blood-Dzraku’s that have led popular television shows to depict the act of getting “served” as a complicated process involving individuals posing as some type of delivery person or messenger in order to avoid detection. This art of deception may have something to do with the archaic rule under which the legal system has required the majority of individuals to receive legal summons by personal service.

Last year a judge in New York made a ground-breaking ruling that papers could be served via Facebook. This case opened the door for plaintiffs like Baidoo, who are struggling to locate the defendant they wish to serve, to use the social networking site as a legal distribution tool. In a world where grocery shopping, bill paying and even dating can all be done online, it makes sense to add serving legal papers to the list. This new medium might become a face-saving tool for scorned lovers everywhere.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post New York Woman Can Serve Husband Divorce Papers Via Facebook appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/new-york-woman-serves-husband-divorce-papers-via-facebook/feed/ 1 37479
Personal Records Online: Who’s Protecting Your Information? https://legacy.lawstreetmedia.com/issues/technology/online-access-public-records-better-regulated/ https://legacy.lawstreetmedia.com/issues/technology/online-access-public-records-better-regulated/#comments Thu, 19 Mar 2015 13:00:52 +0000 http://lawstreetmedia.wpengine.com/?p=36232

Everyone's records can now be found online. Is that a good thing?

The post Personal Records Online: Who’s Protecting Your Information? appeared first on Law Street.

]]>
Image courtesy of [DARPA via Wikimedia Commons]

As we live in the New Media Age, the internet has become an omnipotent tool that millions of us use every day for a variety of reasons. The internet changed the way we go about our daily lives, providing a myriad of possibilities to meet people, organize tasks, buy products, and even search for people’s public records with the click of a mouse.

Read More: The Big Business of Big Data

As the information broker industry is rapidly growing, the United States is struggling to catch up and adopt comprehensive data protection laws to regulate it. This prompts a discussion on how to balance online access to public records and personal privacy. Read on to learn more about data protection and freedom of information laws, the data broker industry, and the consequences of easy access to online public records.


What are public records?

Public records are documents that can be openly accessed for inspection by any person. Often, personal information becomes a part of a public record when a person interacts with government agencies on the local, state, or federal level. Public records can include quite a collection of data: birth, marriage, death, arrest, tax, property ownership, driver’s license, occupational licenses, and voter registration information. Most of the time, providing personal information to government agencies is mandatory, leaving individuals no choice but to disclose their addresses, social security numbers (SSNs), and medical or employment histories. For example, if one donates over $200 to a political campaign, he has to provide his name, address, and employment information. All of the provided data automatically becomes a matter of an individual’s public record, and can be accessed through countless information broker websites. Court files are also public records, and all information contained within the files, with few exceptions, can be accessed without legal restrictions as well.

How do you access public records?

Historically, public records could be obtained only in paper form by physically going to the government agency or court house that collected and stored the applicable information. Starting in the mid-1990s, courts and government agencies began to provide online access to their public records directories, and to sell public files to information brokers and data compilers. Now, government or information broker websites can provide easy access with just the click of a mouse. The data broker industry is booming with thousands of companies selling all sorts of public records online.


What are information brokers?

Information brokers are companies that collect all sorts of data, including internet browsing information like consumer survey data and social media profiles, analyze an individual’s information, package it, and sell it to advertising and marketing companies. Some of the information brokers also obtain public records from local, state, and federal government agencies, and re-sell them online, adding appropriate packaging and a more sophisticated design to the reports. Many of these companies provide access to public records on a subscription basis, when a member pays a monthly fee for unlimited access to millions of public records. As there are virtually no laws that directly pertain to the information broker industry, public records can be accessed by anyone, regardless of their purpose and intentions. There are also no licensing requirements, no central registration system of any sort, and no mechanism through which it would be possible to request a copy of a personal public record that has been circulating online. Even though the information broker industry has been operating for decades, its volume and scope is much greater now, with thousands of companies mining and compiling individuals’ public records, ready to reveal our most sensitive personal data to anyone at any time.

Watch the video below to learn more about information brokers.


What are the laws that govern the information broker industry in the U.S?

The information broker industry is governed by various data protection and freedom of information laws. While the United States strongly adheres to freedom of information practices codified in the Freedom of Information Act (FOIA), there is no comprehensive data protection legislation, except for narrowly applicable laws that are subject-specific and limited in scope.

Freedom of Information Laws 

Freedom of information is a fundamental human right recognized in international law and in many national laws around the globe. As of 2012, there were 93 countries that adopted comprehensive freedom of information laws or similar administrative regulations. In the United Sates, the right to access information from the federal government is outlined in the Freedom of Information Act (FOIA), a comprehensive law that provides government accountability and safeguards the freedom to access public records. In addition to this federal legislation, each state has some sort of FOI laws, with different degrees of accessibility and restrictions. As the information broker industry provides services in relation to availability of information contained in public records, it operates within the FOI legal framework.

Data Protection Laws

Data protection laws are centered on safeguarding personal information from unauthorized usage. Worldwide, more than 80 countries have adopted comprehensive laws to uphold the privacy of their citizenry. In 1970s there were only eight countries that had data privacy laws on the books; in 2010 the number skyrocketed to 89. The United States is one of only a few developed countries that doesn’t have a comprehensive law that protects online privacy, but instead relies on sectorial laws that provide limited amounts of regulation and have many loopholes. Most of these laws pertain to personal information held by the federal government, while legislation that regulates personal information in public records systems is essentially limited to the Fair Credit Reporting Act (FCRA).

The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is guided by the fair information practices that were developed by the Department for Health, Education, and Welfare in the 1970s. On the whole, FCRA regulates the practices of credit reporting agencies. It promotes agencies’ accountability and safeguards security of personal data. The law requires information to be accurate, purpose specific, and accessible. It also outlines limitations on collection and usage of personal data as pertaining to credit reporting.

California’s Data Privacy Laws

California is one of the few states that protects the personal privacy of its residents as it pertains to online access to public records. In 2003, it enacted the Online Privacy Protection Act (OPPA) that requires websites that collect personal information on California residents to post and comply with the privacy policy of the state. In 2013, California enacted so-called “Don’t Track” legislation (AB 370) that requires certain websites to disclose information on how they collect data and track users. During the same year, the Right to Know Act was introduced in the State Assembly, but it failed to pass due to strong opposition from the trade groups representing the information technology industry. If enacted, it would require data brokers to provide a copy of an individual’s stored information upon request.


Case Study: Instant Checkmate

Instant Checkmate is a California-based people search engine that operates by compiling and selling instant access to criminal background checks. Originally, Instant Checkmate was a small internet startup, but it recently gained popularity due to its appealing packaging and additional features, such as its public criminal records directory, crime wire blog, and reverse phone look up.

Notably in 2014, Instant Checkmate paid $525,000 in a settlement for allegedly violating the Fair Credit Reporting Act. The lawsuit, filed by the Federal Trade Commission (FTC), claimed that the company was operating as a consumer reporting agency, but wasn’t complying with FCRA regulations, including accuracy of provided information and verification of the identity of those who were requesting consumer reports through its website.

Now, the company markets itself as a tool to locate childhood friends and check out online dates. When you enter the website, the first thing you see is a notice that states:

You may not use our service or the information it provides to make decisions about consumer credit, employers, insurance, tenant screening, or any other purposes that would require FCRA compliance.

As the FCRA is limited to regulating credit reporting agencies only, it’s not applicable to the rest of the information broker industry. In order to avoid FCRA regulations many information broker companies simply run a disclaimer stating that they are not a credit reporting agency, and continue to operate outside any legal framework that pertains to  personal privacy. Instant Checkmate is one of many information broker companies that has used this tactic to escape FCRA compliance.

Watch the video below to learn more about Instant Checkmate, how it operates, and how the information obtained through its platform can be used by the third parties.


What are the advantages of online access to public records?

Online access to public records further upholds freedom of information as a fundamental right, and provides certain benefits to consumers and employers.

Benefits for the Citizenry

Access to public records is a mechanism to monitor the government as it allows its citizenry to review official actions and keep government agencies accountable. Online access to public records is an additional and more powerful tool to safeguard liberties and to ensure transparency of governmental practices. In this regard, the internet provides a platform to oversee and track government actions in relation to various matters, including decisions in individual cases.

Benefits for Consumers

Access to public records is an important consumer tool that is widely used in spheres such as employment, child support, retirement, and identity theft prevention, just to name a few. Online access to public records can highly benefit consumers and those who directly interact with government agencies and courts, if public records are accurate and up-to-date.

Benefits for Employers

In addition, access to public records can help employers screen applicants to decrease liability implications in the future. If using appropriate channels of inquiry, online background checks can assist employers in choosing the right candidate for the position.


What are the disadvantages of online access to public records?

Online access to public records increases privacy concerns, especially when the information broker industry lacks government oversight and is poorly regulated.

Discrimination and the Rise of the “Dossier Society”

Due to the fact that everybody can access public records online, individuals’ pasts become a matter of the present, including any transgressions, law violations, or simply embarrassing moments. In turn, it leads to discrimination and disenfranchisement of individuals whose records are not squeaky clean, denying them employment opportunities, normal relationships, and, simply, privacy. Some experts predict that in the future we could become a “dossier society,” meaning a society where everybody has an electronic profile that provides a detailed account of the individual’s life. In this view, a dossier society won’t allow social forgiveness and will force those who have blemishes on their records to work low-paying jobs without any possibilities for professional growth and development.

Economic Crimes

Most public records, including divorce decrees, child custody cases, and bankruptcy filings, contain sensitive information such as SSNs, financial account numbers, and dates of birth. Allowing online access to those records increases the risk of economic crimes, particularly identity theft. Online access to public records exacerbates the problem of financial fraud as it’s relatively easy to obtain personal information on the web as there are hundreds of websites that provide detailed records for a small fee. Identity theft has devastating consequences for victims as they cannot obtain credit, home loans, employment, or rent apartments.

Data in the Courtroom

Details of court cases, including the personal information of plaintiffs, defendants, and witnesses, becomes a part of the court record, and, therefore, public records. Not only can revealing personal data discourage plaintiffs from proceeding with cases, but can undermine the safety of those who are involved in the proceedings, including witnesses who testify against one of the parties. In addition, defendants often use personal medical or sexual history to promulgate damaging allegations against plaintiffs in medical bill payment or sexual harassment cases. Online access to public records facilitates the process of obtaining court files, making it relatively easy to mine personal data that can be used to alter court proceedings.

Inaccurate Information

Many times allegations that are made during court proceedings turn out to be false, particularly in disputes between business partners, former lovers, or neighbors. As a result, inaccurate information becomes a matter of an individual’s pubic record. As public records can be widely accessed online, inaccuracies in connecting information to specific individuals also frequently occur. In addition, some information brokers’ files can be outdated, creating additional errors in background reports. Mismatches and inaccuracies in personal data reports can link individuals to crimes they didn’t commit, deny them opportunities for employment, and destroy their reputations. In 2002, a New York resident was awarded $450,000 in damages as his profile contained a false criminal conviction.

Personal Safety

As many information broker companies claim that their services can ensure personal safety by revealing criminal histories of online dates, neighbors, and other acquaintances, online background checks can also do exactly the opposite and jeopardize safety for some people. As personal information of witnesses and victims is a matter of a public record, if their identities and addresses are revealed, they can be targeted by criminals for retribution, stalked, or even re-victimized by their domestic partner.

Targeting Consumers

Information broker companies are clearly making money from compiling and selling public records online. Not only do they amass information from different government websites, but re-package and sort it, creating a brand new product in order to earn additional profit. Information from online public records is extensively used by commercial profilers for marketing and advertising purposes. Business owners also often use information from online public records to target specific groups, including those with credit or bankruptcy problems, for advertising.

Watch the video below to learn more about information brokers and how they are mining, compiling, and selling personal data to third parties.


Conclusion

Without a doubt, citizens of any democratic society should have a right to access public records in order to hold their government accountable and keep its practices transparent. At the same time, personal information of individuals should be protected, and, for that reason, the information broker industry should be regulated to make sure that unauthorized users don’t have access to sensitive and often private matters. As this technology progresses, these questions will all need to be considered.


 Resources

Primary

California Legislative Information: AB-1291 Privacy: Right to Know Act of 2013

California Constitution: Article 1 Declaration of Rights

California Legislative Information: AB-370 Consumers: Internet Privacy

U.S. Department of Justice: The Freedom of Information Act

Additional

Social Science Research Network: Global Data Privacy Laws: 89 Countries, and Accelerating

Privacy Rights Clearinghouse: Public Records on the Internet: The Privacy Dilemma

Electronic Privacy Information Center: Privacy and Public Records

Top Ten Reviews: Instant Checkmate

Yahoo Finance: Free Public Criminal Records Directory Offered on Instant Checkmate Website

New Media Institute: What is New Media?

International Association for Social Science Information Services and Technology: Data Protection and Privacy in the United States and Europe

FreedomInfo: 93 Countries Have FOI Regimes, Most Tallies Agree

CNN Money: Data Brokers Settle Charges Over Background Checks

Crime Wire: An In-Depth Look at Instant Checkmate

Crime Wire: What Kind of Background Check Does Instant Checkmate Perform?

National Consumer Law Center: Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

The post Personal Records Online: Who’s Protecting Your Information? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/technology/online-access-public-records-better-regulated/feed/ 1 36232
Cybersecurity: Will We Ever Be Safe? https://legacy.lawstreetmedia.com/issues/technology/cybersecurity-will-ever-safe/ https://legacy.lawstreetmedia.com/issues/technology/cybersecurity-will-ever-safe/#respond Tue, 20 Jan 2015 17:47:51 +0000 http://lawstreetmedia.wpengine.com/?p=32270

Will we ever be able to develop cybersecurity to protect ourselves from cyber attacks?

The post Cybersecurity: Will We Ever Be Safe? appeared first on Law Street.

]]>
Image courtesy of [Timothy Vollmer via Flickr]

Hacking attacks are estimated to cost the global economy a whopping $400 billion each year. With recent attacks on Sony and U.S. Central Command, it seems like nothing online is completely safe. The United States is scrambling to improve cybersecurity and prevent attacks that could otherwise have major impacts on national security, the economy, and personal safety. Here’s what you need to know about cybersecurity policy, government efforts, and what to expect in the future.


What is cybersecurity?

In the increasingly digital world with an ever-growing e-commerce sector, cybersecurity is of vital importance. Cybersecurity is a broad concept that resists a precise definition; it involves protecting computers, networks, programs, and data from cyber threats. Cybersecurity can help protect privacy and prevent unauthorized surveillance and use of electronic data. Examples of cyberattacks include worms, viruses, Trojan horses, phishing, stealing confidential information, and control system attacks. Because of it loose definition, it is hard for the government to regulate how businesses should protect their systems and information. A number of different measures are used to ensure at least a basic level of cybersecurity.


How does cybersecurity work?

Cybersecurity helps to prevent against the risks associated with any cyber attack, which depend on three factors:

  1. Removing the threat source. Determining who is attacking can indicate what kind of information or advantage they are seeking to gain. Cyberattacks may be carried out by criminals, spies, hackers, or terrorists, all of whom may do it for different reasons.
  2. Addressing vulnerabilities through improving software and employee training. How people are attacking is important in trying to set up the best cybersecurity possible. This can be likened to an arms race between the attackers and defenders. Both try to outsmart the other as the attackers probe for weaknesses in their target. Examples of vulnerabilities include intentional malicious acts by company insiders or supply chain vulnerabilities that can insert malicious software. Previously unknown, “zero day” vulnerabilities are particularly worrisome because they are unknown to the victim. Since they have no known fix and are exploited before the vendor even becomes aware of the problem, they can be very difficult to defend against.
  3. Mitigating the damage of an attack. A successful attack may compromise confidentiality, integrity, and even the availability of a system. Cybertheft and cyberespionage might result in the loss of financial or personal information. Often the victims will not even be aware the attack has happened or that  their information has been compromised. Denial-of-service attacks can prevent legitimate users from accessing a server or network resource by interrupting the services. Other attacks such as those on industrial control systems can result in destruction of the equipment they control, such as pumps or generators.

Examples of common cybersecurity features include:

  • Firewall: a network security system to control incoming and outgoing network traffic. It acts as a wall or barrier between trusted networks and other untrusted networks.
  • Anti-virus software: used to detect and prevent computer threats from malicious software.
  • Intrusion Prevention System: examines network traffic flows to prevent vulnerability exploits. It sits behind the firewall to provide a complementary layer of analysis.
  • Encryption: involves coding information in such a way that only authorized viewers can read it. This involves encrypting a message using a somewhat random algorithm to generate text that can only be read if decrypted. Encryption is still seen as the best defense to protect data. Specifically, multi-factor authentication involving a two-step verification, used by Gmail and other services, is most secure. These measures (at least for the time being) are near impossible to crack, even for the NSA.

Watch the video for a basic overview of cybersecurity.


What is the role of the federal government in cybersecurity?

Most agree the federal role should include protecting federal cyber systems and assisting in protecting non-federal systems. Most civilians want to know online shopping and banking is secure, and the government has tried to help create a secure cyber environment. According to the Congressional Research Service, federal agencies on average spend more than 10 percent of their annual IT budget on cybersecurity measures.

There are more than 50 statutes that address various issues of cybersecurity. While much legislation has been debated in recent years, no bills have been enacted. The most recent and significant cybersecurity legislation came in 2002 with the passage of the Federal Information Security Management Act (FISMA), which requires each federal agency to implement and report on cybersecurity policies.

Over the past several years, experts and policymakers have shown increasing concern over protecting systems from cyberattacks, which are expected to increase in both severity and frequency in the coming years. Most proposed legislation and executive branch action with regard to cybersecurity focus on immediate needs, such as preventing espionage and reducing the impact of successful attacks. Historically there has been an imbalance between the development of offensive versus defensive capabilities. Coupled with slow adoption of encryption technologies, many programs were vulnerable to attack. While the cybersecurity landscape has improved, needs still exist with regard to long-term challenges relating to design, incentives, and the environment. Overcoming these obstacles in cybersecurity remains a challenge.

Design

Developers of software or networks are typically more focused on features than the security of their product. Focusing primarily on the product’s features makes sense from an economic standpoint; however, shifting the focus away from security makes these products more vulnerable to cyberattacks.

Incentives

The distorted incentives of cybercrime make it hard to prevent. Cybercrime is typically cheap, profitable, and relatively safe for criminals. In contrast, cybersecurity is expensive, often imperfect, and companies can never be certain of the returns on the investments they make in cybersecurity.

Environment

Cybersecurity is a fast-growing technology. Constantly-emerging properties and new threats complicate the cybersecurity environment. It is very difficult for the government or private companies to keep up with the pace of changing technology used in cyberattacks. What laws and policies do exist are almost always out of date given the rapid pace of change in cybersecurity.

Watch the video below for an overview of the difficulties of cybersecurity policy.


Has President Obama taken any action on cybersecurity?

With recent attacks and data breaches at Sony, Target, Home Depot, and the Pentagon’s Central Command, the need for toughened cybersecurity laws has been highlighted. Cybersecurity is an issue where both sides of the political aisle see the need to work together. It is clear that a comprehensive policy playbook is needed to guide the government’s response to such serious cyberattacks.

On January 13, 2015, President Obama announced a new cybersecurity legislative proposal, which consists of three parts:

  1. Enabling cybersecurity information sharing: The proposal enhances collaboration and cybersecurity information within the private sector and between the private sector and the government. The proposal calls for the private sector to share cyber threat information with the Department of Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC). Sharing information about cyber threats with the NCCIC would shield companies from liability. The bill would require the Department of Homeland Security to share threat information as quickly as possible with other agencies like the FBI or NSA. The proposal would also require private entities to comply with privacy restrictions like removing unnecessary personal information and taking measures to protect any personal information that must be shared.
  2. Modernizing law enforcement authorities to fight cybercrime: This ensures that law enforcement has the proper tools to investigate and prosecute cybercrime. These provisions would criminalize the sale of stolen U.S. financial data, expand authority to deter selling of spyware, and shutdown programs engaged in denial-of-service attacks. Other components criminalize various cybercrimes.
  3. National data breach reporting: Many state laws require businesses that have suffered from breaches of consumer information to notify consumers. The proposed legislation would simplify and standardize these existing state laws. The proposal would also put in place a timely notice requirement to ensure companies notify their customers about security breaches.

Watch the following video for an outline of President Obama’s plan.

On January 16, 2015, President Obama and British Prime Minister David Cameron promised to cooperate with regard to cybersecurity. Cameron expressed concerns about encryption technologies that might make it easier for would-be terrorists to avoid detection. Cameron hopes to outlaw certain forms of encryption. President Obama did not as easily dismiss privacy concerns, but did state that he believes the government can do a better job of balancing both privacy and security.


Why is it hard to implement effective cybersecurity policy?

Congress has tried for years to pass legislation encouraging companies to share information from cyberattacks with the government and with each other; however, liability issues and privacy concerns stopped such laws from passing. Many privacy advocates are speaking out against President Obama’s proposed legislation for the same reasons. They fear that such information-sharing legislation could further the government’s surveillance powers. Some groups caution that substantial National Security Agency reform should come before considering any information-sharing bill. Privacy concerns such as these have made it difficult to pass cybersecurity packages in Congress in the past; however, the recent Sony attack may prove to be a game changer in passing new cybersecurity bills.

Even if President Obama and Congress can implement the above changes, it will still be difficult for the government to enact more effective policy changes. Technology can easily mask the identity or location of those organizing cyberattacks. This can make identifying and prosecuting those responsible near impossible. Justifying an appropriate response to attacks is even harder.

Legislatures and citizens also tend to be kept in the dark due to extreme security regarding a country’s cyber capabilities. Edward Snowden’s revelations about the NSA sparked public interest in cybersecurity and in the extent of the government’s capabilities. But still, information regarding the U.S.’ cyber policies remains classified and not open to general discussion. Without transparency, it is hard to exercise oversight or explain to the public the government’s cybersecurity activities.

Critics also contend that President Obama’s proposal leaves large gaps in cybersecurity policy. The policy fails to establish ground rules for responding to cyber attacks once they have occurred and it remains unclear how the United States might respond to cyberattacks against government networks or even private sector entities like Sony. While attacks may be criminalized, prosecuting these cases with limited evidence is difficult.

A recently uncovered 2009 U.S. cybersecurity report warned that the government was being left vulnerable to online attacks because encryption technologies were not being implemented fast enough. While the country has come a long way since 2009 there is still much room for improvement. A 2015 review of the Department of Homeland Security stated that:

DHS spends more than $700 million annually to lead the federal government’s efforts on cybersecurity, but struggles to protect itself and cannot protect federal and civilian networks from the most serious cyber attacks.


Conclusion

More needs to be done in the realm of cybersecurity to prevent against cyberattacks. While less legislation may have worked in the past, the scale of recent cyberattacks shows the vast potential for damage to the government, companies, and individuals. President Obama’s recent proposal may be a good start, but more long-term policies are needed to protect citizens from serious cyberattacks. No cybersecurity solution is permanent, so public policy must constantly evolve to suit the needs of its citizens in the cyber realm.


Resources

Primary

Department of Homeland Security: Federal Information Security Management Act

White House: Securing Our Cyberspace: President Obama’s New Steps

Homeland Security and Governmental Affairs Committee: A Review of Missions and Performance

Additional

Congressional Research Service: Cybersecurity Issues and Challenges

National Journal: Obama’s New Cybersecurity Proposal Facing Skepticism

UMUC: Cybersecurity Primer

Forbes: Why a Global Security Playbook is Critical Post-Sony

Guardian: Secret U.S. Cybersecurity Report

Reuters: Obama Seeks Enhanced Cybersecurity Laws to Fight Hackers

NPR: Obama, Cameron Promise to Cooperate on Cybersecurity

Yahoo: Obama Says Hacks Show Need for Cybersecurity Law

Huffington Post: What’s Wrong with America’s Cybersecurity Policy?

Alexandra Stembaugh
Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

The post Cybersecurity: Will We Ever Be Safe? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/technology/cybersecurity-will-ever-safe/feed/ 0 32270
Aereo: The Martyr Files for Bankruptcy https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-martyr-files-bankruptcy/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-martyr-files-bankruptcy/#comments Wed, 26 Nov 2014 15:50:23 +0000 http://lawstreetmedia.wpengine.com/?p=29412

Aereo, once hailed as a game-changer in the cable industry, has filed for bankruptcy.

The post Aereo: The Martyr Files for Bankruptcy appeared first on Law Street.

]]>
Image courtesy of [Simon Cunningham via Flickr]

I am wearing all black as I write this because it might as well be a funeral.

Sadly, Aereo is dead. The startup–which I had once believed to be a potential comeback kid has reached the end of its long and arduous battle; however, in a desperate attempt to retain hope, I am consoled by the revolutionary impact the small company seems to have made on the television industry. Aereo, a service provider that utilized small antennas to transmit broadcast signals to individual subscribers, filed for bankruptcy protection last week. Founder and CEO Chet Kanojia wrote in a letter to consumers:

We have traveled a long and challenging road. We stayed true to our mission and we believe that we have played a significant part in pushing the conversation forward, helping force positive change in the industry for consumers.

Despite valiant efforts, Aereo just could not overcome the legal and regulatory opposition that came after the Supreme Court decided Aereo’s business model was illegally violating copyright.

Shortly after the decision was released, Aereofiled for a cable license necessary for continued operation; however, the “Plan B” approach did not prove to be lucrative as the recent bankruptcy decision is Aereo’s best hope for maximizing its remaining value. With the filing for Chapter 11 reorganization proceedings, Aereo can put its legal woes behind it and sell any remaining assets that exist in the company. Lawton Bloom of Argus was appointed to serve as Chief Restructuring Officer.

William Baldiga, Aereo’s lawyer, announced that an auction of assets should occur on February 17, 2015, pending an approval hearing. “The company is now highly focused on devoting all its energy and limited resources to a transaction that will produce the highest and best return for our creditors and shareholders.”

U.S. Bankruptcy Judge Sean Lane granted various requests submitted by Aereo to allow what is left of the company to remain active during the liquidation period. Aereo has fired 75 of its 88 employees and greatly decreased remaining employee pay. Kanojia’s salary was cut in half.

While Aereo barely gained footing before its huge legal battle, the service forced major broadcasters to play offense instead of defense, recognizing a definitive hole in the cable market. Cord-cutters need programming too and Aereo may be the catalyst for a new business trend. Current broadcsting companies have already begun recognizing the internet television demand. CBS recently announced CBS All Access, a streaming service available by subscription for a $5.99 monthly fee. HBO also recently announced a streaming service independent of a cable subscription.

Although only existing content companies are dominating internet television by way of new services, it’s only a matter of time before new startups, supported by cloud technology, appear. The FCC is bracing itself for such an occurance. Last month, FCC chairman Tom Wheeler proposed a new rule that would allow internet television providers to license programming in an identical way to current cable and satellite companies. In an official FCC Blog post, Wheeler wrote:

Aereo recently visited the Commission to make exactly this point – that updating the definition of an MVPD [multichannel video programming distributor] will provide consumers with new choices. And perhaps consumers will not be forced to pay for channels they never watch.

So, although we are in a state of bereavement, heartbroken to see Aereo go, it will forever be the internet TV martyr that paved the way for the future of subscription streaming services.

Thank you, Aereo, for such innovation. You will be missed.

 

Avatar

The post Aereo: The Martyr Files for Bankruptcy appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-martyr-files-bankruptcy/feed/ 2 29412
Ted Cruz Doesn’t Know or Care What Net Neutrality Is https://legacy.lawstreetmedia.com/blogs/ted-cruz-doesnt-know-or-care-what-net-neutrality-is/ https://legacy.lawstreetmedia.com/blogs/ted-cruz-doesnt-know-or-care-what-net-neutrality-is/#respond Wed, 12 Nov 2014 20:27:51 +0000 http://lawstreetmedia.wpengine.com/?p=28599

Ted Cruz used lazy political lies to attack President Obama over net neutrality.

The post Ted Cruz Doesn’t Know or Care What Net Neutrality Is appeared first on Law Street.

]]>
Image courtesy of [Gage Skidmore via Flickr]

Net Neutrality has been the center of an important political and technological debate for a while now. Law Street has covered the different developments extensively. This week, President Obama released a statement affirming the need for net neutrality, and it was a strong one.

If you don’t want to watch the entire statement, here are the sparknotes. Obama affirmed the concept of net neutrality and stated his plan moving forward: he wants the Federal Communications Committee (FCC) to reclassify the internet and protect net neutrality. As he put it in his statement:

To do that, I believe the FCC should reclassify consumer broadband service under Title II of the Telecommunications Act — while at the same time forbearing from rate regulation and other provisions less relevant to broadband services. This is a basic acknowledgment of the services ISPs provide to American homes and businesses, and the straightforward obligations necessary to ensure the network works for everyone — not just one or two companies.

Essentially, Obama wants to prevent Internet Service Providers (ISPs) from changing or altering the speeds at which they provide service to various sites or users. He wants to prevent what’s called “internet fast lanes,” because they mean that ISPs would have control over how fast particular sites load. Fast lanes stifle creativity, equality, and would give a ton of power and money to ISPs such as the much-maligned Comcast.

Of course, Obama can’t support anything without there being a very good chance that the other side of the aisle will get up in arms about it, and that’s exactly what happened here. Rising Republican star Ted Cruz tweeted the following:

There are so many things wrong with this statement, I’m not even entirely sure where to start. It’s almost like Cruz created this tweet during a game of petty political Mad Libs–the prompt would have been “fill in a controversial program that will make people angry with the President without explaining the context, giving a comparison, or even trying to justify it.”

First of all, this shows that Cruz fundamentally does not understand what net neutrality is. Luckily, the very denizens of the internet whom net neutrality would hurt had a nice response for Ted Cruz–my favorite was the one by the Oatmeal, a humorous web comic. In addition to being a great take down of Cruz, it is also a pretty good explanation of net neutrality for the uninitiated. Take a look:


The Oatmeal’s point is simple–Cruz takes money from the very same ISPs that want to be able to charge people more for their services. And then he turns around and posts something on Twitter that’s not just horribly inaccurate but clearly inflammatory. Because he most likely does not understand net neutrality.

But Cruz and the people who work for him know how to score political points. And comparing anything to Obamacare is going to be a winning metaphor among those who have decided that Obamacare is the devil incarnate.

The fact that Cruz is against net neutrality is a bit upsetting though. It stands directly in contrast to the principles he purports to support. Cruz’s website focuses heavily on the idea of small business success, and working hard to achieve your goals.

Those principles–economic success through small business growth, pulling oneself up by the bootstraps–of Republican theory have been made so much easier by the advent of the internet. Now an entrepreneur can start a small business and use the resources provided by global connectivity to reach customers all over the world. A student who doesn’t have access to very good educational resources can use the internet to learn, for free.

But Ted Cruz would rather compare the internet to Obamacare because it’s easy.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Ted Cruz Doesn’t Know or Care What Net Neutrality Is appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/ted-cruz-doesnt-know-or-care-what-net-neutrality-is/feed/ 0 28599
What’s the Deal With the Clown Problem in Wasco, California? https://legacy.lawstreetmedia.com/blogs/whats-the-deal-with-the-clown-problem-in-wasco-california/ https://legacy.lawstreetmedia.com/blogs/whats-the-deal-with-the-clown-problem-in-wasco-california/#comments Wed, 15 Oct 2014 19:45:41 +0000 http://lawstreetmedia.wpengine.com/?p=26647

If you're a member of the Wasco California Police Department, you've had an interesting week. Wasco, near Bakersfield, has been all over the news for an interesting problem it's having. But is it actually a problem, or a weird hoax turned viral?

The post What’s the Deal With the Clown Problem in Wasco, California? appeared first on Law Street.

]]>

If you’re a member of the Wasco California Police Department, you’ve had an interesting week. Wasco, near Bakersfield, has been all over the news for an interesting problem it’s having. But is it actually a problem, or a weird hoax turned viral?

Google it and you’ll see a bunch of headlines about crazy clowns terrorizing the town and stalking people. Here’s a news report showing some of the images:

I’ve never been particularly scared of clowns, but it’s hard to find those images anything other than disturbing. The story has been widely covered by a bunch of networks and websites with the perspective that a bunch of people are dressing up as maniacal clowns and then wandering around Wasco and neighboring towns scaring the shit out of people.

The details here are really hard to untangle, but what we do know is at least some of the pictures being attributed to this craze are from an art project created by a Wasco artist and her husband. She photographed him dressed as a clown in different places — a fun and creepy art piece. Then, the pictures started spreading, especially on social media. Someone made a Wasco Clown Facebook page, ostensibly at this point still referring to the art subject.

At some point, some people may have started co-opting the viral pictures and actually dressing up as clowns and posing around the area, sometimes with bats or other things that could be possibly be used as weapons. There are claims of 20 or so sightings in recent days, and a 14-year-old boy was just arrested for dressing up like a clown and then scaring a child in his neighborhood. He has been cited with “annoying a minor.”

News networks have taken the coverage of these disturbances and run with them — understandably so. It’s a few weeks before Halloween. Clowns are creepy, and pretty consistent horror movie fodder. Apparently there’s something called “Coulrophobia,” which means fear of clowns — though it isn’t completely accepted as a real phobia, despite the large number of people who get the heebie-jeebies from red noses and curly wigs.

Theories vary about why clowns unsettle people so much, and really the phenomenon is strange — I don’t think I can think of a figure who walks the line so fluidly between humor and fun and fear and loathing. No one is really sure why clowns have occupied that place in our collective psyche, although a prevailing theory seems to attribute it to what clowns are at their essence: something dark and grotesque writ humorous. After all, with a clown we never know what’s under the mask? And they invoke the question, why would a normal person want to look and act that way?

But back to Wasco — what’s really going on there? Police truly aren’t saying much beyond that this is just an internet hoax that’s made its way mainstream and is gaining copycats. With the exception of the 14-year-old boy who scared his neighbor, there haven’t been any arrests. There’s also been no indication of violence. Wasco police are checking out the reports of course, but there’s no indication this is anything different than say, the trend of planking a few years back. The reason for the news coverage appears to be mostly sensationalism and morbid fascination. So anyone in the Bakersfield area, don’t worry, your town isn’t turning into a scene from “It” anytime soon.

Unless, of course the Wasco clowns have the police department hostage and are forcing them to say these things….

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [John Ryan Brubaker via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post What’s the Deal With the Clown Problem in Wasco, California? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/whats-the-deal-with-the-clown-problem-in-wasco-california/feed/ 1 26647
Most Useful Career Sites for Millennial Women https://legacy.lawstreetmedia.com/blogs/the-jobs-blog/useful-career-sites-millennial-women/ https://legacy.lawstreetmedia.com/blogs/the-jobs-blog/useful-career-sites-millennial-women/#comments Fri, 19 Sep 2014 14:50:21 +0000 http://lawstreetmedia.wpengine.com/?p=24735

We have access to the World Wide Web and all it has to offer through countless devices -- computers, smartphones, tablets, smartwatches, etc. Plenty of websites cater to Millennial women for professional networking tips.

The post Most Useful Career Sites for Millennial Women appeared first on Law Street.

]]>

Millennial women have made a name for themselves in this century. We are strong-willed, motivated, and persistent. We are self-sufficient and independent. We have access to tools and knowledge our predecessors did not. Yet some Millennials are not taking advantage of these tools because they are simply unaware of their existence.

Let’s take the internet for example. We have access to the World Wide Web and all it has to offer through countless devices — computers, smartphones, tablets, smartwatches, etc. Plenty of websites cater to Millennial women for professional networking tips. These sites are essential for motivated young women who are entering the workforce. At any moment, I can ask Siri what to wear to my interview tomorrow, visit countless websites for coding tips, or search for internship opportunities. Each of these options is literally at the tips of my fingers. Here are some great websites for Millennial women to check out:

Let’s Learn

Girls Who Code’s mission is to provide one million young women with exposure to computer science education. According to FORBES, Girls Who Code hosts events, clubs, and other activities for girls, sometimes even for those still in high school.

Lynda.com provides online video tutorials to help learn “software, creative, and business skills.” Joining is free and provides members with unlimited access to nearly three thousand courses and mobile access.

General Assembly offers courses in a variety of areas from web development to digital marketing. Members are able to attend events with the GA community or simply live-stream from home. GA helps Millennials across the world improve their businesses through various workshops, classes, and events.

Professional Development and Networking

ED2010 helps aspiring editors reach their desired status faster. The site functions as a networking hub, educational resource, and advice column for all aspiring publications professionals.

Intern Sushi is designed for college students to find internships that would be most valuable to them. Intern Sushi is focused on more creative professions, thus encouraging its users to ditch the traditional resume application and replace it with more creative styles like video and graphic visualizations.

Her Agenda is a goldmine for young professional women seeking advancement on their career paths. The site provides information and encouragement through posting events, scholarships, conferences, and internship and job opportunities.

Generation Meh targets young professionals who dislike the idea of a conventional 9 to 5. The site publishes personal and professional tips, tricks, and life hacks. This site is manned by Forbes Woman contributor J. Maureen Henderson.

Advice Columns and Discussion Boards

20-Nothings has collected “anecdotes, advice, and musings on everything from dating to body image.” The site functions as a motivational entertainment source for young women in their 20s and 30s.

HerCampus is most useful for female college students. The site features sections such as style, beauty, campus, career, health, and more. HerCampus has representatives on more than 200 campuses across the country.

The Everygirl is perfect for Millennial women looking for advice on their next vacation destination, beauty tips, and career. This site also takes on a serious tone discussing culture, politics, and finance. It’s basically a powerhouse of knowledge for all young women.

Fashionista Fun

Rookie Mag supplies fashion tips on the go. This site was started by a 17-year-old fashion blogger in 2011. Celebrities make contributions to the publication focused on modern teenage life.

The Classy Cubicle provides all professional fashionistas with the latest trends. Not sure what to wear to an interview at a creative office? They’ve got your back. The Classy Cubicle covers different “categories” of office types and suggests appropriate attire for each one.

Despite the abundance of negative comments and startling information the internet supplies, there is a huge community of support, especially for young women. Aspiring young professionals have countless resources to further their educations, careers, and personal development on the internet. These websites not only share useful professional advice but also support and humor for women of all ages. I encourage all young professionals, working women, and Capitalistas to check out some of these sites, they could change your career path.

Make sure to follow The Capitalista on Twitter at @CapitalistaBlog and on Tumblr at thecapitalista.tumblr.com for more tips, tricks, and suggestions to find your dream internships and jobs!

Natasha Paulmeno (@NatashaPaulmeno) is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends.

Natasha Paulmeno
Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

The post Most Useful Career Sites for Millennial Women appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/the-jobs-blog/useful-career-sites-millennial-women/feed/ 1 24735
Aereo: The Comeback Kid? https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-comeback-kid/ https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-comeback-kid/#comments Wed, 10 Sep 2014 13:51:45 +0000 http://lawstreetmedia.wpengine.com/?p=24138

Nobody thought that Aereo, bruised and beaten from being on the ropes, would ever return to the ring. But have we found our comeback kid? It seems Aereo wants to brawl after broadcasters requested that a New York court order Aereo to cease business across the country. In new court papers, Aereo demands another chance. The Internet television provider insists it be given the necessary cable license for operation, legally allowing it to transmit broadcast TV shows.

The post Aereo: The Comeback Kid? appeared first on Law Street.

]]>

Introducing first, in one corner, weighing the equivalent of nine justices, hailing from Washington D.C., backed by broadcasters, the well educated, ever respected SUPREEEEME COURT!

In the other corner, less than one pound and the size of a dime, young and feisty, hailing from New York, the crowd favorite, the underdog, the AEREO ANTENNAAAA!

Well, folks… we all know how this fight ended. The Supreme Court, in a 6-3 decision, beat Aereo’s butt on the grounds of copyright infringement.

Nobody thought that Aereo, bruised and beaten from being on the ropes, would ever return to the ring. But have we found our comeback kid? It seems Aereo wants to brawl after broadcasters requested that a New York court order Aereo to cease business across the country. In new court papers, Aereo demands another chance. The Internet television provider insists it be given the necessary cable license for operation, legally allowing it to transmit broadcast TV shows.

“It would be illogical and fundamentally unfair to find that Aereo’s ‘Watch Now’ functionality is a ‘cable system’ …for the public performance analysis, but is not entitled to a compulsory license under the same,” Aereo asserts.

Odds are up in the air for this aggressive little company. A competitor of similar build, ivi TV was recently shot down after also requesting the same compulsory license in New York. So, why is the crowd still cheering for Aereo? Its individual attention to its fans! ivi TV’s transmissions were nationwide while Aereo only offered shows to those who subscribed to its service. This slight difference in technique can be just enough to bring victory to Aereo in this rematch with the judicial system.

Aereo enters this match insisting it’s a clean fighter, reminding the courts that it has “failed to show any imminent irreparable harm.” The company asks, “What better proof could there be that claimed harms are not imminent…than what actually happened when the complained-of actions went on for years?” Hope for this underdog comes from statements like that of Supreme Court Justice Stephen Breyer who has said that there are no “behind the scenes technological differences” that discern Aereo from actual cable companies.

Meanwhile, more fighters are gearing up to enter the competition. In an attempt to fill the Aereo void, TiVo has come forward with its new ‘OTA’ device, and Roku has plans for smart televisions with Aereo-like technology already integrated into the devices.

Let’s not forget about the common theme in all of this, however: that damn cloud. Problems surrounding Cloud service have not specifically been addressed, even in the Supreme Court opinion of Aereo’s ruling. Not wanting to overreach, the Justices cited that they could not “answer more precisely how the Transmit Clause or other provisions of the Copyright Act will apply to technologies not before us… Questions involving cloud computing (remote storage) DVRs and other novel issues not before the Court… should await a case in which they are squarely presented.”

So, much like a cloud, the fate of this new technology is still up in the air. For now, all we can do is follow the IP scuffles that occur on the ground and in the courtroom.

Alexandra Badalamenti (@AlexBadalamenti) is a Jersey girl and soon-to-be graduate of Fordham University in Lincoln Center. She plans to enroll in law school next year to study Entertainment Law. On any given day, you’ll find her with big blonde hair, high heels, tall Nashville dreams, and holding a newspaper or venti latte.

Featured image courtesy of [Kristin Wall via Flickr]

Avatar

The post Aereo: The Comeback Kid? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/ip-copyright/aereo-comeback-kid/feed/ 1 24138
The Omegle Murder Confession: Don’t Trust Everything You Read https://legacy.lawstreetmedia.com/blogs/real-fake-omegle-confession-clue-murder/ https://legacy.lawstreetmedia.com/blogs/real-fake-omegle-confession-clue-murder/#respond Mon, 11 Aug 2014 18:53:56 +0000 http://lawstreetmedia.wpengine.com/?p=22455

Omegle is an anonymous chat site commonly used by teens. With a tagline like "Talk to Strangers," it's no wonder the site has quickly become known for its rampant sexual, creepy, and flat-out weird interactions. However, one anonymous use began a chat last week with a frightening message revealing the latitude and longitude of Julissa Romero's body, a 12-year-old girl the user claimed had missing for about five months.

The post The Omegle Murder Confession: Don’t Trust Everything You Read appeared first on Law Street.

]]>

Omegle is an anonymous chat site commonly used by teens. With a tagline like “Talk to Strangers,” it’s no wonder the site has quickly become known for its rampant sexual, creepy, and flat-out weird interactions. However, one anonymous user began a chat last week with a frightening message revealing the latitude and longitude of Julissa Romero’s body, a 12-year-old girl the user claimed had missing for about five months. The message was met with a swarm of feelings by the online community  Reddit.com, where a screenshot of the chat was first posted.

Thanks Reddit

I later found out that it was all a hoax, but I have to admit, upon first learning about the message, I didn’t know how to react. Should I be outraged? Should I be saddened by the supposed death of this young girl? Should I be relieved that her family and friends might finally be able to have some closure and begin the healing process? Or, like the majority of the users on the thread, should I merely scoff and shrug it off as simply another faceless internet user yearning for some spotlight? Well as I soon discovered, this is the internet, and in the words of quite literally everyone with half a brain and an IP address, you just can’t trust it.

The problem is that there are more and more incidences of people saying stupid stuff online that gets them in trouble and requires police resources to solve. Remember the 14-year-old Dutch teen who was arrested this April for tweeting terroristic threats at American Airlines? This bored, little girl had no idea her information would then be sent to the FBI via American Airlines for a thorough investigation.

I was dumbfounded by the entire thing. She created a mysterious posting as a member of Al Qaida, and thought we’d all have a nice laugh while she got retweeted approximately a bajillion times? Did she really not think anyone would care?!

Thanks Mashable

Keeping that type of general stupidity in mind, I read through the Reddit thread hoping there would emerge some sort of answer to whether this heinous Omegle message was in fact real or fake. But as I continued scrolling, it seemed to become more and more apparent that the skepticism the internet has brought to the online population is winning out in most people’s minds. Posts quickly drifted toward sarcasm with references to bad 90’s horror movies, in which the cast is always full of dumb high school or college students and even touched on the necessity of the “token black guy.” And for a while there before I knew it was all a hoax, I actually forgot about the little girl in the story, who had supposedly been missing for almost half a year.

Thankfully, Henry Gomez, commander of the Salinas Police Department, confirmed later that afternoon that the Omegle chat clue was all a giant hoax. In fact, it couldn’t have been more wrong. Not only was there no dead body at the coordinates listed in the chat message, just as the amateur google-map investigators of Reddit figured, but the “missing girl” wasn’t really missing. Although at one point earlier this year she was listed as missing, authorities investigating the case have assured the public that Romero is now “alive and accounted for.

While everyone can now breathe a sigh of relief knowing young Remero is still alive, the sensationalism created by this Omegle prankster and the desperate Dutch teen should not be overlooked. Although both scenarios ended up being hoaxes, they didn’t just disturb online communities, such as Reddit and Twitter. While the Omegle incident only involved one police department, the American Airlines threat took the attention of the FBI. Does no one else see the problem with this? Besides the fact that kids as young as fourteen are turning to false terrorist threats to amuse themselves, their “pranks” are taking the resources of crime-fighting organizations away from actual crimes. If you ask me, it’s time we encourage our young people to find some new hobbies.

Erika Bethmann (@EBethmann) is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

Featured image courtesy of [Mike via Flickr]

Avatar
Erika Bethmann is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

The post The Omegle Murder Confession: Don’t Trust Everything You Read appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/real-fake-omegle-confession-clue-murder/feed/ 0 22455
Hashtag Activism: Is it #Effective? https://legacy.lawstreetmedia.com/issues/technology/hashtag-activism-effective/ https://legacy.lawstreetmedia.com/issues/technology/hashtag-activism-effective/#comments Thu, 19 Jun 2014 17:58:29 +0000 http://lawstreetmedia.wpengine.com/?p=17906

In an era engulfed by technology, previous ways of life have undergone a revamping. One aspect is the way in which social movements are conducted. The implementation of social media as a key tool in producing change has created "hashtag activism," a way of protest both hailed and scorned by critics for its influence.

The post Hashtag Activism: Is it #Effective? appeared first on Law Street.

]]>

In an era engulfed by technology, previous ways of life have undergone a revamping. One aspect is the way in which social movements are conducted. The implementation of social media as a key tool in producing change has created “hashtag activism,” a way of protest both hailed and scorned by critics for its influence.


What is Hashtag Activism?

Hashtag activism is the act of supporting a cause that is being advocated through social media platforms such as Twitter, Facebook, and other networking websites. Although sometimes criticized for its lack of effectiveness and promotion of lazy activism, it is the implementation of social media as a platform to raise awareness on a multitude of issues.

On September 17, 2011 the #OccupyWallStreet movement began to raise issues of economic and social inequality in the United States. Arguably one of the first major Twitter campaign, the protest mobilized thousands of people almost exclusively through the Internet. Robert Reich, former secretary of Labor under President Clinton, notes that, “Occupy put the issue of the nation’s savage inequality on the front pages” and “to that extent, it was a stirring success.” Although  with a lack of clear objectives and leadership the movement was unable to sustain long-term economic changes, #OccupyWallStreet created a new method of activism that was adopted in future campaigns.


Cases of Hashtag Activism

#Kony2012

War criminal and Ugandan military leader Joseph Kony is known for abducting children and turning them into child soldiers and sex slaves. In an effort to draw attention to his offenses Invisible Children, Inc. released a short documentary titled Kony 2012 in March of 2012, kick starting the “Stop Kony” movement that swept the United States. As of June 1, 2014 the film has over 99.5 million views on YouTube.

Americans helped contribute to the nearly 2.4 million tweets #Kony2012 accumulated in March 2012. Stimulated by the general public and celebrities alike, the United States deployed 100 military advisers to join the force of 5,000 sent by the African Union to suppress the violence in Uganda.

Abou Moussa, the U.N. Central Africa representative said, “We need to take advantage of the high level of interest, goodwill and political commitment to finally put an end to this crime.”

However, Joseph Kony remains on Forbes World’s Most Wanted Fugitives list as he has yet to be captured by the authorities.

#BringBackOurGirls

Boko Haram, a terrorist group in Nigeria, kidnapped 276 female students from their school on April 15, 2014. Since their abduction, the girls have involuntary converted to Islam and forced into marriages at the bride price of $12 dollars a piece.

Parents and activists were frantic for the government to escalate their involvement to find the missing girls, and their need to spread awareness led them to Twitter. According to BBC Trending‘s Anne-Marie Tomchack, Ibrahim M Abdullah, a lawyer in Nigeria, was the creator of the hashtag #BringBackOurGirls. The story of the abducted girls did not begin to gather attention until April 23, 2014 when Nigerians adopted the new slogan and began tweeting it.

Perhaps the Nigerian government would be able to ignore regular citizens calling for help, but once First Lady Michelle Obama, Secretary of State John Kerry, and Former Secretary of State Hillary Clinton got involved the issue could no longer be disregarded.

Time’s Laura Olin stated, “It’s not everything, but it’s a start. And the world is now talking about 276 stolen girls in Nigeria when before it wasn’t talking about them at all.”

Boko Haram has continued to terrorize the people of Nigeria. Since the abduction of the school girls, the militants have kidnapped even more children and murdered people in towns along the way. The Nigerian government has been all over the place with its involvement. Statements banning protests were released, followed by a quick change of heart from the administration claiming it has, “never, ever tried to violate anybody’s rights. We believe in human rights, we believe in citizens’ rights.” Allegedly the military knows where the remaining girls are, but has yet to go in due to the danger of the camp.

#YesAllWomen

On May 23, 2014, Elliot Rodger went on a killing spree near the University of California, Santa Barbara campus in Isla Vista. Six people were fatally wounded and another thirteen were injured before Rodger committed suicide in the midst of a police chase. Before the attacks began, Rodger posted alarming and irate videos to YouTube declaring his disdain of all women since they had been rejecting him throughout his life. In addition to the series of videos, he produced a 137 page autobiographical manifesto written in the same sentiment.

Although it is clear that Rodger was more vicious and vehement than most, the outlines of the prevailing misogynistic American cultural values were evident in his manifesto. Feminists could no longer stand for the perverse ideology and took to social media to let the world know.

The Twitter campaign #YesAllWomen created a place for women to share their own stories of sexism and brought attention to Rodger’s animosity toward women, that stemmed from the outlooks of our society. The New Yorker’s Sasha Weiss accurately described the moment as,

“#YesAllWomen is the vibrant revenge of women who have been gagged and silenced.”

#YesAllWomen is effective since instead of preaching to the typical feminist choir, it drew in the more mainstream population including men and celebrities. However, not all individuals were able to see the campaign for what it was and swiftly came to the defense of the male gender.

To counter #YesAllWomen, men’s rights activists were quick to tweet #NotAllMen. The thread was fashioned to establish that Rodger did not represent the entirety of the male gender; he was one of those terrible guys, not like the rest of them. #NotAllMen contributors felt the burning desire to let the world know they are not the problem and to once again push women’s issues to the back burner(if it was intended or not).

The people who tweeted #NotAllMen or believed that feminists were just on another one of their rampages missed what #YesAllWomen was intended to do. The true sentiment #YesAllWomen was expressed by CNN’s Emanuella Grinberg who said, “No, not all men channel frustration over romantic rejection into a killing spree. But yes, all women experience harassment, discrimination or worse at some point in their lives.”

As on May 26, 2014 the #YesAllWomen hashtag has reached 1.2 million tweets and 1.2 billion impressions.


 Arguments for Hashtag Activism

“Hashtag activism is a gateway between politics and popular culture, a platform to educate the ignorant and draw attention to the operation of power in the world,” stated Ben Scott in New America’s Weekly Wonk. By using a medium that is seen by millions of people daily, hashtag activism has the ability to alter a person’s attitude towards a cause by exposing them to others personal experiences and witnessing mass support. As social change is dependent on transformation at an individual level, Twitter makes itself invaluable as a campaign tool.

When victims see that others have endured the same trauma, it directly helps them as they can see that they are not alone in their pain. Even if they do not feel support by those they directly interact with in life, they know that people do care about them.

Along with the cases previously mentioned, computer-based activists also directly impacted the amount of funding for another issue they felt strongly about. Planned Parenthood annually receives $680,000 dollars from the Susan G. Komen Foundation that helps provide exams largely for minority and low income women. In January 2012, Komen announced that it would stop its funding of mammograms and breast exams through Planned Parenthood. The Internet went into an uproar, tweeting hashtags like #standwithpp and #singon. By Friday of that week, Komen had reversed its decision and stated it would continue to support Planned Parenthood.

Cecile Richards, president of Planned Parenthood, told the Los Angeles Times, “I absolutely believe the exposure on Facebook and Twitter really drove a lot of coverage by mainstream media… I’ve never seen anything catch fire [like this].”


 Arguments Against Hashtag Activism

Criticisms of hashtag activism stem from the thought that the generation that uses a social media-driven method of reform are observers, commenters, self-indulgent philanthropists – not true advocates witnessed in previous eras. CNN’s Dean Obeidallah stated that the ‘Greatest Generation’ in the 1940s and ‘50s were, “doers, not watchers.” In the ‘60s and ‘70s, the streets were flooded with protests of the Vietnam War and roared with a call for civil rights, forcing the hand of government officials to listen the people’s wishes.

Now the most common form of demonstration is retweeting another’s thoughts or giving a “like” on Facebook. Sure, online petitions are digitally signed, but the automatic signature lacks the passion displayed by movements that have come before.

Obeidallah relates the tactics of hashtag activists to the revolutionaries in the Arab world. He acknowledges that they did use social media, but their efforts did not stop there. Protesters risked their lives to achieve the change they yearned for, “All the tweets in the world would not have driven the presidents of Egypt or Tunisia from their offices,” declared Obeidallah.

Sarah Palin has also voiced her opinion on the inefficiencies of using social media to obtain success. On the former Governors Facebook page she posted a photo of a man with sheets of paper attached to his body, with hashtags scribed on them such as, “#StopLazyInternetActivism” and “#YouAreNotMakingADifference.” In regards to the abductions done by Boko Haram and the #BringBackOurGirls campaign that ensued, Palin included personal commentary in a caption:

Diplomacy via Twitter is the lazy, ineffectual, naïve, and insulting way for America’s leaders to deal with major national and international issues… If you’re going to get involved anyway, Mr. President, learn to understand this and believe it, then announce it: Victory is only brought to you ‘courtesy of the red, white and blue.’ It’s certainly not won by your mere ‘unfriending’ the bad guys on Facebook. Leading from behind is not the American way.

Evgeny Morozov, the author of “The Net Delusion: The Dark Side of Internet Freedom, said, “My hunch is that people often affiliate with causes online for selfish and narcissistic purposes… Sometimes, it may be as simple as trying to impress their online friends, and once you have fashioned that identity, there is very little reason to actually do anything else.”

Many individuals share the impression that hashtags may come and go and they are no match for real world engagement.


Conclusion

While it cannot be denied that hashtag activism is an effective method in spreading awareness of a cause, the tangible achievements attained from physical protests perhaps outweigh those on the Internet. The absence of organization and leadership found in many Twitter-based campaigns have some people critical of the realistic capability these movements have in comparison to the street pounding tactics used during the civil rights movements. For a movement to be successful in a technology-driven generation, a combination of both civic engagement and hashtag activism would produce the best results.


 Resources

The New York Times: The Manifesto of Elliot Rodger

Washington Post: #BringBackOurGirls, #Kony2012, and the Complete, Divisive History of ‘Hashtag Activism’

Reuters: African Union Launches U.S.-Backed Force to Hunt Kony

#BBCtrending: The Creator of #BringBackOurGirls

Time: #BringBackOurGirls: Hashtag Activism Is Cheap – And That’s a Good Thing

CNN: Deadly California Rampage: Chilling Video, But No Match for Reality

New Yorker: The Power of #YesAllWomen

Time: Not All Men: A Brief History of Every Dude’s Favorite Argument

CNN: Why #YesAllWomen Took Off on Twitter

Hashtags: Social Media Users Respond to Existing Dangers Towards Women with #YesAllWomen

Weekly Wonk: #WhyHashtagActivismMatters

New Zealand Herald: Verity Johnson: Hashtag Activism – #TakeItSeriously

LA Times: Komen Learns Power of Social Media: Facebook, Twitter Fueled Fury

The New York Times: Hashtag Activism, and Its Limits

Christian Science Monitor: Happy Birthday, Occupy!

Forbes: The World’s 10 Most Wanted Fugitives

CNN: Boko Haram Blamed for Nigeria Village Attacks; 15 Killed, Chief Kidnapped

Telegraph: Nigeria: Kidnapped Schoolgirls ‘S\

Avatar
Alex Hill studied at Virginia Tech majoring in English and Political Science. A native of the Washington, D.C. area, she blames her incessant need to debate and write about politics on her proximity to the nation’s capital.

The post Hashtag Activism: Is it #Effective? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/issues/technology/hashtag-activism-effective/feed/ 3 17906
Criminals Availing in Cyberspace https://legacy.lawstreetmedia.com/blogs/crime/criminals-availing-cyberspace/ https://legacy.lawstreetmedia.com/blogs/crime/criminals-availing-cyberspace/#comments Tue, 03 Jun 2014 19:59:04 +0000 http://lawstreetmedia.wpengine.com/?p=16380

Security breaches among major companies such as Target, eBay, and Neiman Marcus dominated news headlines this past year and led many to wonder about the safety of the information stored with organizations throughout the United States. The statistics from the May 2014 US State of Cybercrime Survey are far from reassuring. The survey, a combined […]

The post Criminals Availing in Cyberspace appeared first on Law Street.

]]>

Security breaches among major companies such as Target, eBay, and Neiman Marcus dominated news headlines this past year and led many to wonder about the safety of the information stored with organizations throughout the United States. The statistics from the May 2014 US State of Cybercrime Survey are far from reassuring.

The survey, a combined effort of PwC, CSO magazine, the CERT Division of the Software Engineering Institute at Carnegie Mellon University, and the US Secret Service, states that the number of cybercrime incidents and the fiscal losses they incur are rapidly rising. The findings reveal that this is mainly because the companies could not adequately defend themselves from cyber-attacks. According to the 2014 survey, the top five methods for cyber-attacks involve malware, phishing (the attempt to acquire sensitive information such as usernames or passwords), network interruption, spyware, and denial-of-services attacks.

The report covered information from 500 different corporations and government agencies, including law enforcement, and stated that “three out of four had had some kind of security breach just in the last year, and the average number of incidents per organization was 135.”

Fourteen percent of those surveyed reported that monetary losses attributed to cybercrime have increased in the past year. The actual costs are generally not known, as the majority of those who reported a cyber attack were unable to estimate the associated financial costs. Of the few survey respondents that could, the average yearly loss was around $415,000. Businesses are beginning to feel that cyber security is an issue that is out of their control and that cyber attacks are costing them an increasing amount of money.

 Why the Rising Rate?

One of the major problems associated with the rising rate of cybercrime is that few companies, only 38% according to the survey, are adequately prepared to combat cybercrime. These rising rates are not simply due to inadequate defenses, but also increasingly sophisticated techniques used by cyber criminals. According to an article on Time.com, the most pertinent threats to cyber security in the United States come from Syria, Iran, China and Russia.

There are two kinds of big companies in the United States: those who’ve been hacked by the Chinese and those who don’t yet know that they’ve been hacked by the Chinese.

-FBI Director James Comey

The 2014 report lists major reasons why these attacks are on the rise. It claims that a few reasons are that most organizations do not spend enough on cybersecurity and do not properly understand cyber security risks. According to the survey, there is also a lack of collaboration among companies that have experienced a breach or other form of cyber attack, specifically that “82% of companies with strong protection against cybercrime collaborate with others to strengthen their defenses.” Other pertinent issues leading to increased cybercrime are insufficient security of mobile devices and lack of proper evaluation of attacks within organizations.

What can be Done to Lower the Rate of Cyber Attacks?

According to the 2014 survey, one major way for corporations and agencies to prevent cybercrime is through company-wide employee training which has been shown to be effective but is no currently used frequently enough. According to an article on CSO’s website, many organizations aren’t running information security training programs that are up to date. The 2014 survey recommends that the main focus of companies should be protecting the private financial information of their consumers. Perhaps as companies continue to strengthen the efforts of their cybersecurities, the rate of attacks from online adversaries will begin to lower, causing the 2015 report to reflect a decrease in cybercrime.

Marisa Mostek (@MarisaJ44loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [geralt via Pixabay]

Marisa Mostek
Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post Criminals Availing in Cyberspace appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/crime/criminals-availing-cyberspace/feed/ 1 16380
The Last Gasps of Net Neutrality https://legacy.lawstreetmedia.com/blogs/last-gasps-net-neutrality/ https://legacy.lawstreetmedia.com/blogs/last-gasps-net-neutrality/#comments Fri, 16 May 2014 14:56:00 +0000 http://lawstreetmedia.wpengine.com/?p=15608

After much anticipation and media speculation, the FCC released its latest net neutrality proposal, essentially easing the way for an internet fast lane. The Commission vote on opening up the proposal to public comment went down party lines, with Democrat Commissioners prevailing. You can read the proposal and submit your comments now.

The post The Last Gasps of Net Neutrality appeared first on Law Street.

]]>

Federal Communications Commission Chairman Tom Wheeler revealed his new ‘net neutrality’ proposals yesterday, which essentially approve a fast lane option for companies that want to charge a higher rate for those wishing for a faster Internet based on content. (See our previous coverage on what recent developments mean for you and for startups.) Facing intense opposition, Wheeler needs to show these opposing groups that his proposed rules are part of the principle of net neutrality in the first place: that all content on the Internet will remain free in value.

The problem? The rules gut that principle entirely.

The very fact that allowing certain companies to fast-track their content violates the principle of a fair, open Internet. Wheeler’s justification for allowing the rules to go forward is that there would be regulations watching out for Internet Service Providers intentionally slowing down traffic. While this is also part of a net neutrality ideology, the rules ignore the rampant discrimination inherent in an “Internet fast lane.”

Yesterday’s FCC vote to open the proposals to public comment went largely along party lines. The three Democratic commissioners voted in favor of public comment, while the Republican commissioners voted for only Congressional comment instead and find no legal basis for the Commission to allow the public to weigh in. July 15 is the deadline for initial public comments, followed by the September 10 deadline for responses to those comments.

While this was a partisan vote down the line, the commissioners expressed hesitation for how the process is moving no matter the decision for public comment. “I believe the process that got us to this rule making today is flawed. I would have preferred a delay. I think we moved too fast, to be fair,” said Jessica Rosenworcel, one of the commissioners who voted in favor. Michael O’Reilly, a commissioner who voted against public comment, said, “I have serious concerns that this ill-advised item will create damaging uncertainty and head the commission down a slippery slope of regulation.”

Nevertheless, the FCC is now open to public comments regarding this new proposal. You can send your comment here: http://www.fcc.gov/comments.

Dennis Futoryan (@dfutoryan) is an undergrad with an eye on a bright future in the federal government. Living in New York, he seeks to understand how to solve the problematic issues plaguing Gothamites, as well as educating the youngest generations on the most important issues of the day.

Featured image courtesy of [Gerd Altmann via Pixabay].

Dennis Futoryan
Dennis Futoryan is a 23-year old New York Law School student who has his sights set on constitutional and public interest law. Whenever he gets a chance to breathe from his law school work, Dennis can be found scouring social media and examining current events to educate others about what’s going on in our world. Contact Dennis at staff@LawStreetMedia.com.

The post The Last Gasps of Net Neutrality appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/last-gasps-net-neutrality/feed/ 3 15608
Reviewers Beware: Negative Product Reviews Might Cost You https://legacy.lawstreetmedia.com/news/reviewers-beware-negative-product-reviews-might-cost/ https://legacy.lawstreetmedia.com/news/reviewers-beware-negative-product-reviews-might-cost/#comments Fri, 09 May 2014 15:00:37 +0000 http://lawstreetmedia.wpengine.com/?p=15276

How many times do we check online reviews of a product before choosing to buy it? Reviews are important for many consumers to make sure they are spending their money on something that is of good quality. But can companies really sue customers for posting a negative review of a product on an online forum? After […]

The post Reviewers Beware: Negative Product Reviews Might Cost You appeared first on Law Street.

]]>

How many times do we check online reviews of a product before choosing to buy it? Reviews are important for many consumers to make sure they are spending their money on something that is of good quality. But can companies really sue customers for posting a negative review of a product on an online forum?

After posting a negative Amazon review of a Mediabridge brand router, a Florida man recently received a letter from Mediabridge’s lawyers threatening a lawsuit. The company claimed that the review contained false information intended to hurt its reputation and that the man’s statements could be considered slanderous. The company went on to warn that it would sue the man unless he removed his review, stopped purchasing Mediabridge products, and ceased future discussion of the company on the internet.

Can companies really sue individuals over their negative reviews on the internet?

Legal precedent works in favor of the companies. For example, Virginia courts heard a case in 2012 of a similar issue on Yelp and Angie’s List. A retired military captain living in Fairfax County posted a negative review of a contracting service on Yelp and Angie’s List claiming that not only was the service poor, but also that she was billed for services that weren’t performed, and the contractor may have also stolen jewelry. The contractor, Christopher Dietz, sued her for $750,000 for defamatory remarks on an internet review site. Dietz argued that the reviewer’s statements were false and that her negative review impacted his business and reputation. The court held for the contractor. The case was later overturned by the Virginia Supreme Court.

How could this affect consumers?

Providing real insight into the quality of goods and services is the purpose of consumer reviews. It is helpful to read positive reviews in order to make a wise purchase, but negative reviews are also important to warn others of faulty products and poor service. If consumers realize that they can be sued over their critical comments about products, however, many may not be truthful or even write reviews at all anymore. Consumers have a right to know information about the quality of a good o service before they spend their money, but if people are deterred from sharing this information for fear they may create legal trouble for themselves it will become much harder for consumers to make informed decisions.

Can consumer reviews be protected?

Companies like Amazon need to step up to protect their customers. According to Amazon’s terms of use, product sellers are not allowed to demand consumers remove their reviews. These terms are there for a reason: Amazon wants customers to freely critique the items they have purchased through the site. If companies threaten customers with lawsuits over negative reviews, then Amazon needs to step in.

Sarah Helden (@SHelden430)

[National Journal] [TIME] [Amazon]

Featured image courtesy of [Wikipedia]

Sarah Helden
Sarah Helden is a graduate of The George Washington University and a student at the London School of Economics. She was formerly an intern at Law Street Media. Contact Sarah at staff@LawStreetmedia.com.

The post Reviewers Beware: Negative Product Reviews Might Cost You appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/reviewers-beware-negative-product-reviews-might-cost/feed/ 1 15276
Aereo Technology Drives Innovation, But How Will SCOTUS Rule? https://legacy.lawstreetmedia.com/blogs/technology-blog/aereo-must-go-happens-cloud/ https://legacy.lawstreetmedia.com/blogs/technology-blog/aereo-must-go-happens-cloud/#comments Fri, 25 Apr 2014 17:26:26 +0000 http://lawstreetmedia.wpengine.com/?p=14815

Tech startup Aereo continued to disrupt the market this week when the Supreme Court heard arguments in the American Broadcasting Companies Inc. v. Aereo Inc. case. The case has garnered lots of attention in the technology community due to the implications it may have on Cloud services. Essentially, Aereo provides an electronic antenna that picks up and […]

The post Aereo Technology Drives Innovation, But How Will SCOTUS Rule? appeared first on Law Street.

]]>

Tech startup Aereo continued to disrupt the market this week when the Supreme Court heard arguments in the American Broadcasting Companies Inc. v. Aereo Inc. case. The case has garnered lots of attention in the technology community due to the implications it may have on Cloud services. Essentially, Aereo provides an electronic antenna that picks up and broadcasts existing signals with the added bonus of being a virtual recorder and storage locker.  Aereo’s creation is brilliant, but as seems to be the case with many such tech developments, it may have outpaced current laws and policy.

Broadcasting companies believe copyrighted content is illegally transmitted through the internet from Aereo to Aereo’s paying subscribers. Companies such as ABC, NBC, CBS, Fox, and PBS allege that the company is publicly performing by transmitting content without proper licensing and payment of royalty fees — a violation of intellectual property laws.

Broadcast Companies are using the 1976 Copyright Act definition of transmission to prove that Aereo’s transmission of content is a public performance, while Aereo’s customers are private performers. This distinction is important because private performances are exempt from obtaining licenses and paying fees for copyrighted content, while public performances are not.  Paul Clement, the attorney working on behalf of the broadcast company petitioners, recognizes that a person or company that sells traditional antennas would not be involved in a public performance; however, he asserts that Aereo’s use of ongoing services, even if considered a rented service, exploits the use of copyrighted works and therefore represents a public performance and a violation of the Copyright Act.

In response to questions from Justices Alito and Kennedy about the difference between Aereo’s services and the DVR service provided by companies like CableVision, Clement responded that unlike Aereo, CableVision acquired licenses to receive their content in the first place. Because CableVision’s customers are recording and storing content for private use that the company was given permission to transmit, CableVision’s DVR service was rightfully excluded from obtaining a reproduction license. Aereo did not obtained permission to access the content that they allow their customers to stream, record, and store.

The use of Aereo allows its customers to only view local over-the-air broadcasts, the signals for which are free to the public, which makes the sale and private use of antennas to disseminate these broadcasts a lawful act. Aereo asserts that they are not publicly performing because they are equipment providers, no different than a company that sells antennas. This equipment provides access to free, public content, which is different from providing content in the first place. Aereo attorney David Frederick cited Sony Corp. v. Universal City Studios as precedent for the lawful use of Aereo’s DVR service. The Sony decision held that consumers have the right to record local over-the-air broadcasts for private use. Since Aereo is renting equipment that provides access to free local content, the company argues that they’re not in violation of the Copyright Act.

What is bothersome to Aereo, and potentially problematic to Cloud service, is the interpretation of the Copyright Act’s Transmission Clause. Aereo believes that the petitioners’ interpretation qualifies any device or process disseminating works to the public, as a public performance, thereby requiring licenses and payment of royalties, which could be detrimental to cloud computing. Clement; however, was clear on the subject of cloud computing and doesn’t believe a decision in his clients’ favor should threaten that technology’s future.

Whether anyone believes that a decision against Aereo should threaten Cloud’s future or not is irrelevant — the more important question is, could it be applied when considering cloud computing? I’m not sure how the Supreme Court will rule, but I do believe this decision will affect cloud computing no matter the outcome.

Aereo is the twenty-first century solution to the discontinued use of antennas and VCRs. If the Supreme Court rules in its favor, Aereo could build on its existing technology and become an entity more comparable to a cable company, at which time they should be responsible for proper licensing and adherence to copyright laws. Technology is constantly changing and challenging older, more established technologies and industries — this is exactly what drives continued innovation. A ruling against Aereo would stifle this innovative growth.

__

Teerah Goodrum (@AisleNotes), is a graduate student at Howard University with a concentration in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football.

Featured image courtesy of [Adam Fagen via Flickr]

Teerah Goodrum
Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

The post Aereo Technology Drives Innovation, But How Will SCOTUS Rule? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/technology-blog/aereo-must-go-happens-cloud/feed/ 1 14815
The Meld of Internet and TV…Good or Bad? https://legacy.lawstreetmedia.com/blogs/the-meld-of-internet-and-tv-good-or-bad/ https://legacy.lawstreetmedia.com/blogs/the-meld-of-internet-and-tv-good-or-bad/#respond Thu, 20 Mar 2014 15:27:58 +0000 http://lawstreetmedia.wpengine.com/?p=13331

A few years ago, the only way you could watch a TV program was to catch it when it was being aired. Then we got DVR, and then there were shows available online on demand; and now we have Netflix, Amazon Prime, Hulu, and thousands of other (legal and illegal) ways to get our fix. […]

The post The Meld of Internet and TV…Good or Bad? appeared first on Law Street.

]]>

A few years ago, the only way you could watch a TV program was to catch it when it was being aired. Then we got DVR, and then there were shows available online on demand; and now we have Netflix, Amazon Prime, Hulu, and thousands of other (legal and illegal) ways to get our fix. And in so many ways, the Internet has completely revolutionized the way we watch TV. Because for a lot of us, TV isn’t contained to a physical television anymore. In fact, I, for the first time in about 3.5 years actually have a real, concrete television in my apartment. It only has the most basic of cable, but I often forget it’s there, because I’m so used to watching any and all TV programming on my computer.

So here are 4 different ways that the Internet has revolutionized TV…and whether these changes are good or bad.

4. We have an ability to find old shows that are new to us. 

Before this weird meld of Internet and TV, the only way to discover a show that was off the air was to catch reruns. Growing up, I watched plenty of shows this way, but they were often out of order, disjointed, and difficult to follow. The Internet allows us to watch a show from the beginning, even if it hasn’t aired on TV in any capacity in years. For example, my freshman year of college, most of my roommates and I got really into The West Wing. It had originally aired 1999-2006, so given that I was in middle school at the time, it obviously hadn’t caught my attention. And it’s not just my friends–when both House of Cards and Scandal began airing, I heard them compared to the incredibly idealistic liberal love letter that is The West Wing by other college students. Tons of political junkies my age are discovering the show that we were just a few years too young for when it originally aired. A couple days ago, The Wire did a “best fictional president” bracket in honor of the West Wing, and of course, President Jed Bartlett won it. I’m betting the reason that The West Wing remains in our memory and is still so regularly referenced is because the Internet allows new watchers to discover it whenever they want, in fact, I’m pretty sure it’s still streaming on Netflix. 

Good or Bad? Good. Finding a show that speaks to your interests is a great thing. Now my West Wing example is incredibly silly, I know, but I’ve absolutely used common interest in that show as a conversation topic before in my daily life. Most of my friends have seen it, and it’s just another thing that connects us. TV, for better or worse, plays a large part in our lives, and it’s pretty cool that the Internet has opened us up to shows from before our time. This doesn’t extend purely to shows that are before our time, this also allows us to see shows from other countries that usually wouldn’t make it to our TVs, which is also pretty cool!

3. Shows made exclusively for Netflix and other online networks. 

This is also an incredibly recent phenomenon. In the past two years or so, Netflix has released a number of original series. The two most well known are probably House of Cards and Orange is the New Black, but there are a few others, including Hemlock Grove, and Lilyhammer, and there are also exclusive documentaries and stand-up comedy shows. These are high quality shows, and because they aren’t airing on TV, Netflix can afford to be risqué. This year, Netflix made history by being the first non-TV network to win an Emmy. Netflix isn’t the only Internet network to create their own content, though they are probably the most critically acclaimed and well-known. Amazon Prime and Hulu have also started producing their own content.

Good or bad? Good. More quality content is good for the viewers, to be sure, and it opens up opportunities for more experimental shows that networks may not want to chance, given that the content is less severely constrained by broadcasting. Television networks are complaining that it’s cutting into their viewership, but hopefully the competition will force them to up their game. After all, do we really need another “Real Housewives of ______” show?

 

Sheldon doesn’t think so.

2. The Veronica Mars Kickstarter and Arrested Development Relaunch. 

I will unabashedly admit that Veronica Mars and Arrested Development are arguably two of my favorite shows ever. In some ways, they have a similar story–they were both cult favorites with high critical ratings but pretty low viewership. They both got cancelled after three seasons. And they both got a final hurrah in the last year–Arrested Development through a Netflix original fourth season, and Veronica Mars through a full length movie that was released late last week. I, like so many other fans, anticipated the extensions to both of these shows with bated breath.

The relaunch of these two shows is a testament to the seductive power of creating a product for fans. Netflix took a chance on Arrested Development, to be sure, but it was surely backed up by data. Netflix doesn’t release viewership figures, but they must have seen something in the data about the first 3 seasons previously available on the site to make them think that a 4th season would be profitable. A lot of people didn’t actually end up liking the 4th season much, myself included, but the fact that it was even undertaken in the first place says a lot about the lobbying power of fans.

The Veronica Mars is a more perfect example of my point. The movie was primarily funded by a Kickstarter campaign, run by the stars of the show and creator Rob Thomas. The Kickstarter reached $5.7 million in pledges from fans. The fans of the show literally paid to have this movie made–that’s how passionate the fan base is. Those who contributed certain amounts got perks too–like small extra roles, or online access to the movie. The film has gotten mixed reviews (I, for one, loved it!) but the launch has reprised a lot of discussions about how before-it’s-time the show was, like this one about rape culture  or this one about social class. My point is though, that TV is more influenced by fans than ever before.

 

Good or bad? Both. I loved that both these shows got their much-needed endings, but there is something to be said for letting sleeping dogs lie. The Veronica Mars movie was, in my opinion, good, the Arrested Development season 4 was bad. You know when a kid wants candy and you give it to them and then they get sick from too much sugar? Catering to fans’ whims has the potential to end up like that, and networks need to watch out for being too responsive to fan requests.  

 1. The phenomenon of “binge watching.”

Binge watching is new, created by the ability to access shows online with the internet. Binge watching is defined as 2-6 episodes of one show in a sitting. The only precursor was perhaps the TV marathon, but I don’t really think that counts because even in a marathon, the TV network still did stop airing the marathon at some point. 

We now have the ability to sit on our asses and watch a show for as long as we please. I am absolutely being a gigantic hypocrite right now, because I have totally binge watched quite a few shows, but I am trying to make some effort to stop. Binge watching is when you let Netflix play until the wee hours of the morning, watching a show until it really barely makes sense anymore. It’s when you get that immediate gratification of watching the next episode instead of actually thinking about what you just watched. Roughly 61% of respondents to a Netflix Survey last year say they regularly binge watch. 

Good or bad? Guys, I’ve got to think this is a bad thing. First, I have binge watched many a show that I can barely remember the next day. It’s impossible to thoroughly pay attention to anything that long, at least with the kind of attention that allows you to appropriately appreciate the show. It takes away the ability to talk about the show with your friends and coworkers the next day the way you can when the show is aired once a week on a network. And finally, as big a fan as I am of TV, that’s just too much. So here’s a suggestion–go ahead and binge-watch, in moderation. But take some time to appreciate what you’re watching. And remember, things are changing about TV and you don’t want it all to pass you by because you can’t stop watching House of Cards.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured Image Courtesy: [Flickr/Wesley Fryer]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post The Meld of Internet and TV…Good or Bad? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/the-meld-of-internet-and-tv-good-or-bad/feed/ 0 13331
Bitcoin: Why is it Prone to Criminal Activity? https://legacy.lawstreetmedia.com/news/bitcoin-why-is-it-prone-to-criminal-activity/ https://legacy.lawstreetmedia.com/news/bitcoin-why-is-it-prone-to-criminal-activity/#comments Mon, 17 Feb 2014 16:38:02 +0000 http://lawstreetmedia.wpengine.com/?p=12055

For those of you who are behind the times, Bitcoin is a unique electronic currency developed five years ago. Among many currencies, Bitcoin is the first decentralized digital currency, enabling individuals to exchange Bitcoins through the Internet without having to go through a middleman such as a bank. Bitcoins are revolutionizing traditional currencies, as anyone […]

The post Bitcoin: Why is it Prone to Criminal Activity? appeared first on Law Street.

]]>

For those of you who are behind the times, Bitcoin is a unique electronic currency developed five years ago. Among many currencies, Bitcoin is the first decentralized digital currency, enabling individuals to exchange Bitcoins through the Internet without having to go through a middleman such as a bank. Bitcoins are revolutionizing traditional currencies, as anyone can “mine” the electronic coins. This is a significant reason why Bitcoin is becoming increasingly popular, as anyone can “mine” coins and make money. For a more extensive breakdown of Bitcoin, check out this article.

As Bitcoin emerges into a recognized currency, much of the legality and security of the e-currency has yet to be interpreted and standardized. This poses the complex question of what is needed to create a new currency? Often, the use of the Bitcoin is illegal, though the bitcoin system itself is not. Thus, the issue is not with the currency, but rather with it’s tendency to be prone to illegal activity. Therefore, does Bitcoin enhance criminality?

As Bitcoin is the newest globally recognized currency, agencies including the Internal Revenue Service, Canada Revenue Agency, and Her Majesty’s Revenue and Customs are developing new methods of taxing the e-currency. Exclusive to the United States, the Internal Revenue Service affirms the awareness of the potential tax-compliance risks posed by virtual currencies. Consequently, the lacking regulation permits malicious activity detrimental to the states well-being.

Bitcoin incorporates the option of anonymity into every exchange, making it prone to illegal activity. Provided in a case study by the Federal Bureau of Investigation, “cyber criminals may increasingly use bitcoins to purchase illegal goods and services and to fund illegal activities.” Specifically, this untraceable digital currency has an inherent proclivity towards criminality. However, if a transaction is not anonymized, a third party can geographically locate the individual. Every Bitcoin transaction is public and documented through archiving its Internet Protocol addresses.

As bitcoin technology increasingly becomes popular, criminals develop intricate methods to create an incognito transaction. An example of this illicit method is using a third party eWallet, attempting to consolidate Internet Protocol addresses. Research from the Federal Bureau of Investigation further concludes, “some third-party services offer the option of creating an eWallet that allows users to consolidate many bitcoin address and store and easily access their bitcoins from any device”

Bitcoin is the currency of choice–it has been used on many sites including the late Silk Road. An electronic market to buy potentially illegal goods, the hidden site was seized by the FBI in conjunction with the IRS Criminal Investigation Division, ICE Homeland Security Investigations, and the Drug Enforcement Administration. Prior to the injunction, private brownish markets were prone to criminal activity. The Silk Road allowed “parties to communicate anonymously for the purchase and sale of illegal goods, including the purchase of illegal narcotics, in addition to using Bitcoin.” Prior to the implementation of Bitcoin, Silk Road received very little traffic. Currently, hundred of thousands of transactions have been made through Silk Road and the newest platform, Silk Road 2 via Bitcoin. Such illicit websites cause for questioning the integrity of Bitcoin around the world.

What about this…

Although regulative agencies spanning across the world have yet to concretely define the boundaries, actions against criminality have been taken. On January 27, 2014 Charlie Shrem was arrested for engaging in currency laundering–directly connected to the Silk Road. Regarding the innovative currencies connections to criminal activity, Manhattan U.S. Attorney Preet Bharara stated, “truly innovative business models don’t need to resort to old-fashioned lawbreaking, and when bitcoins, like any traditional currency, are laundered and used to fuel criminal activity, law enforcement has no choice but to act.”

Bitcoin is highly susceptible to theft. Thieves intending on stealing bitcoins target and exploit third-party Bitcoin services “because there is no central Bitcoin server to compromise.” Malicious actors can steal user “mined” bitcoins by exploiting “the way bitcoins are generated by compromising victim’s computers.” Accomplished by installing malware on a victim’s computer, criminals can then use the compromised computers to generate bitcoins. The evolution of Bitcoin towards a more sustainable and legal future exemplifies the nature of an ever-changing currency. Yet the activity associated with Bitcoin can destroy the currency ad infinitum.

 [Business Insider] [Federal Bureau of Investigation]

Zachary Schneider

Feature image courtesy of [Antana via Flickr]

Zachary Schneider
Zach Schneider is a student at American University and formerly an intern at Law Street Media. Contact Zach at staff@LawStreetMedia.com.

The post Bitcoin: Why is it Prone to Criminal Activity? appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/bitcoin-why-is-it-prone-to-criminal-activity/feed/ 3 12055
Neutral No More: How One Court Ruling Could Affect Everyone who Uses the Internet https://legacy.lawstreetmedia.com/news/neutral-no-more-how-one-court-ruling-could-affect-everyone-who-uses-the-internet/ https://legacy.lawstreetmedia.com/news/neutral-no-more-how-one-court-ruling-could-affect-everyone-who-uses-the-internet/#comments Tue, 21 Jan 2014 14:47:47 +0000 http://lawstreetmedia.wpengine.com/?p=10732

In the “Age of the Internet,” consumers expect to have access to any information they want, as fast as possible, with little charge. But a recent court ruling against the Federal Communications Commission could allow Internet Service Providers to explore options that may alter the level of access, and possibly the price point, at which […]

The post Neutral No More: How One Court Ruling Could Affect Everyone who Uses the Internet appeared first on Law Street.

]]>

In the “Age of the Internet,” consumers expect to have access to any information they want, as fast as possible, with little charge. But a recent court ruling against the Federal Communications Commission could allow Internet Service Providers to explore options that may alter the level of access, and possibly the price point, at which consumers have access to web content.

Internet Service Providers (ISPs) act as “go between” for consumers and the content they want on the Internet. Companies like Verizon, AT&T, and Comcast, are the means, which we use to access the web. Until a few days ago, these ISPs were subject to a series of regulations from the FCC. But on January 14th, the US Court of Appeals in DC shot down these regulations. As a result, many are worried consumers are at risk.

The concept of “net neutrality” contends that consumers should have equal access to all content on the Internet, and that no content should be discriminated against, or unfairly promoted. In theory, this applies to governments, as well as companies with the ability to control web content.

In order to better protect consumers from potentially unfair business practices, the Federal Communications Commission (FCC) set out a list of three guidelines in 2010 that all ISPs had to follow. These included transparency, no blocking, and no unreasonable discrimination. All ISPs had to follow the rules, and as a result of the regulations, consumers couldn’t be charged differently based on what sites they visited, and no websites could be purposefully hindered from loading as fast as others, among other things. Some people saw these as a win for consumer protection, while others thought it was an infringement on the rights of the ISPs, and web businesses that were not able to promote themselves.

But Verizon, a large ISP, sued the FCC, saying it had overstepped its bounds in trying to control ISPs to this extent. And earlier this week, the US Court of Appeals in D.C. agreed with Verizon, saying the FCC could no longer dictate such strict stipulations for ISPs. With these regulations out the window, people have begun analyzing tactics ISPs could theoretically use to boost business, while potentially harming consumers.

One possibility would be allowing websites to pay the ISP more for faster service. While this is good for large companies that have the money to pay off a corporation like Verizon, it could be disastrous for small businesses that don’t have the same resources.

A second tactic ISPs could use is to charge customers extra for accessing certain websites. One Reddit user created an infographic signaling the potential for price increases users could see simply for accessing popular websites. Hypothetically, ISPs could upcharge users frequenting video hosting sites (like Netflix and Hulu). Or, the ISPs could charge those companies higher prices, threatening to slow the website down, or remove it altogether, should they refuse to pay. The companies would have to defray those costs somehow, probably through by charging the consumer more.

Finally, and most drastically, ISPs could just block certain content all together. While certain businesses, like Au Bon Pain, have allegedly blocked content either directly or through obscenity filters, ISPs could dictate what content would not be allowed as part of their service. Unless a consumer wanted to switch their ISP altogether, he or she would be at a loss in this situation.

But is all of this hype warranted? Not necessarily. While a few specific provisions of the FCC were struck down, the Commission didn’t lose all of its regulating muscle.

In the opinion filed by Judge Tatel, the court points out one of the specific reasons these regulations were deemed inappropriate: “given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such” (Verizon v. FCC). This means that if the FCC chooses to change how it classifies ISPs, it may be able to impose restrictions on them once again. Additionally, the FCC has reportedly considered appealing the ruling.

We also have to look into what is in the best interest of the ISP. Consider the fact consumers can choose from several providers. Rather than raise their rates as soon as they can, these ISPs will probably wait to size up what their competition is doing, and then proceed with any price or content changes. There will still be competition among them, and consumers will still be able to choose which provider best matches the content and price point for which they are looking.

So while changes may happen down the road, it’s probably nothing serious enough to warrant binge-watching all 5 seasons of Breaking Bad on Netflix this weekend (unless that was already the plan).

[FCC] [Washington Post] [Court Opinion]

Featured Image Courtesy of [Randy Stewart/Stewtopia via Flickr]

Molly Hogan (@molly_hogan13)

Molly Hogan
Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

The post Neutral No More: How One Court Ruling Could Affect Everyone who Uses the Internet appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/neutral-no-more-how-one-court-ruling-could-affect-everyone-who-uses-the-internet/feed/ 1 10732
Ladies, the Men of OKCupid Think You’re a Blow-Up Doll https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-the-men-of-okcupid-think-youre-a-blow-up-doll/ https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-the-men-of-okcupid-think-youre-a-blow-up-doll/#comments Thu, 16 Jan 2014 18:28:38 +0000 http://lawstreetmedia.wpengine.com/?p=10669

Good morning loves! How many of you have been staying off the internet this week, thanks to my post on Tuesday? LOL none of you. Just kidding! If anything, you’re all hitting the interwebs harder than usual. This Pacific Standard piece is BLOWING UP. The number of response pieces it’s triggered is seriously impressive. So! I’d […]

The post Ladies, the Men of OKCupid Think You’re a Blow-Up Doll appeared first on Law Street.

]]>

Good morning loves! How many of you have been staying off the internet this week, thanks to my post on Tuesday? LOL none of you. Just kidding! If anything, you’re all hitting the interwebs harder than usual. This Pacific Standard piece is BLOWING UP. The number of response pieces it’s triggered is seriously impressive.

So! I’d say the theme of cyberspace this week is — women face crazy harassment online and it’s seriously a problem. Like, for serious.

duh

So let’s ride that wave, shall we? Because some awesome, hysterical things are happening. Specifically, this.

A dude Reddit user named OKCThrowaway22221 (apparently Reddit is the place where our middle-school, AIM usernames live on?) decided to conduct a little experiment. He had this hypothesis that women totally have it easier in the world of online dating, so he made a fake profile as a lady, and decided to see what would happen.

This guy lasted TWO HOURS. That is all. That is how traumatizing the results of his little experiment were. SO BAD, that he had to quit after only two hours.

holys

In his words, here’s what happened.

“Before I could even fill out my profile at all, I already had a message in my inbox from a guy. It wasn’t a mean message, but I found it odd that I would get a message already. So I sent him a friendly hello back and kind of joked that I hadn’t even finished my profile, how could he be interested.”

Yes, how COULD he be interested? Probably because he doesn’t give a shit what your profile says, champ. He thinks you’ve got a vagina and he wants to use it.

It gets worse. As OKCThrowaway22221 filled in the profile, the messages were literally coming in faster than he could keep up with them. Again, from guys who knew absolutely NOTHING about the person they were messaging, other than the fact that were was allegedly a vagina involved. It got old pretty quick.

“At first I thought it was fun…but as more and more messages came (either replies or new ones I had about 10 different guys message me within 2 hours) the nature of them continued to get more and more irritating. Guys were full-on spamming my inbox with multiple messages before I could reply to even one asking why I wasn’t responding and what was wrong. Guys would become hostile when I told them I wasn’t interested in NSA sex, or guys that had started normal and nice quickly turned the conversation into something explicitly sexual in nature. Seemingly nice dudes in quite esteemed careers asking to hook up in 24 hours and sending them naked pics of myself despite multiple times telling them that I didn’t want to.”

OKCThrowaway22221 found the whole situation pretty upsetting.

“I would be lying if I said it didn’t get to me. I thought it would be some fun thing… but within a 2 hour span it got me really down and I was feeling really uncomfortable with everything. I ended up deleting my profile at the end of 2 hours and kind of went about the rest of my night with a very bad taste in my mouth.”

OKCThrowaway22221 came away from his experiment with a different conclusion than he’d expected — that women actually have a harder time in the online dating world. Yep, it’s rough shit being harassed by gazillions of guys during all hours of the day. Emotional tolls are taken — and hopefully that’s all.

But our friend over at Reddit isn’t the only person who’s conducting online dating experiments. There’s also Cracked writer Alli Reed, who wanted to test her own hypothesis — that men will literally message any woman with a profile. Hoping she was wrong, she created a fake profile for The Worst Woman in the World, AKA AaronCarterFan. Here it is. Prepare to laugh your ass off/puke all over your laptop.

aaroncarterfan

She’s the worst, am I right? No one would ever want to date her! Definitely not. But they did.  She got 150 messages in 24 hours.

So, Alli decided to add another approach to her experiment. With her reply messages, she’d have to convince these guys that she was, in fact, The Worst Woman in the World. After all, maybe these guys didn’t actually read the profile?

She bragged about bullying children, she boasted about the skill with which she could fake being pregnant to exhort money from unsuspecting suitors. She even asked one guy to let her pull out his teeth.

NO ONE WAS DETERRED. Everyone still wanted a piece of the diabolical AaronCarterFan.

are youkidding

Alli’s takeaway was seriously kindhearted. Here’s her advice to the douchenozzles who were interested in her evil creation.

“Men of the world: You are better than this. I know many of you would never message AaronCarterFan, but many of you would, and a whole bunch of you did. You’re better than that. There are women and men out there who are smart, and kind, and challenging, and honest, and a lot of other really positive adjectives. You don’t want someone who will pull out your teeth and then sue you for child support; you deserve someone who will make you want to be better than you are, and will want to be better because of you. You deserve happiness, and love, and adventure. Be brave. Don’t settle.”

She’s a really nice lady, am I right? I’d love to be her friend.

BUT. I’m calling bullshit on the idea that the most important thing we can take away from these two online dating experiments is that men are shallow and dumb and maybe have low self-esteem. This is true. Some men do struggle with these challenges. The struggle is real, and we feel your pain, guys. We really do.

But. We’re not talking about destructive relationship patterns or unfortunate, self-sabotaging behavior. We’re talking about internet harassment. So here’s the big takeaway, folks.

Drumroll, please.

Drumroll, please.

Men objectify women to a disturbing degree. The reason they’ll message a woman whose online dating profile isn’t filled out yet is the same reason they’ll message a woman whose profile clearly shows that she’s The Worst Woman in the World.

They don’t care who you are. The fact that you are a person, with real thoughts and feelings, doesn’t matter to them. You’re really just a sex toy. The equivalent of a super awesome blow-up doll. An object.

Blowup Doll

This is you. Courtesy of Jes via Flickr.

Feminism in the U.S. has made a ton of major gains over the last century. We’ve earned the right to vote, the right to an education, the right to play sports, the right to hold jobs, and the right to own property. In some states, we even have the right to control our own bodies. Because of all these gains, we’re often told that feminism is done. It’s over. It’s served its purpose, its goals have been met, and we can all ride off into the gender equality sunset.

bull

But that’s a load of shit, designed to keep women from continuing to fight the feminist fight. Society’s true colors come out on the Internet, where anonymity and a lack of accountability invite everyone to drop their inhibitions. You don’t have to pretend to be PC on OKCupid. You can be who you really are, and no one will be the wiser.

You can demand sex and naked photos from a woman you don’t know — and get supremely pissed when she says no. You can be your douchiest, most asshole-iest self.

So loves, do me a favor. Keep fighting the good fight. OKCThrowaway22221 and AaronCarterFan clearly prove that it’s not over.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [me and the sysop via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

The post Ladies, the Men of OKCupid Think You’re a Blow-Up Doll appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-the-men-of-okcupid-think-youre-a-blow-up-doll/feed/ 4 10669
Internet Harassment Is a Major Problem for Women https://legacy.lawstreetmedia.com/blogs/culture-blog/internet-harassment-is-a-major-problem-for-women/ https://legacy.lawstreetmedia.com/blogs/culture-blog/internet-harassment-is-a-major-problem-for-women/#comments Tue, 14 Jan 2014 22:09:54 +0000 http://lawstreetmedia.wpengine.com/?p=10599

Last week, feminist writer Amanda Hess wrote a groundbreaking cover story for Pacific Standard Magazine about online harassment and its effect on women. Have you read it yet? You really should. It’s making major waves, and is quickly becoming required reading in the 21st century feminist canon. Thanks for sending this my way, Ashley! So […]

The post Internet Harassment Is a Major Problem for Women appeared first on Law Street.

]]>

Last week, feminist writer Amanda Hess wrote a groundbreaking cover story for Pacific Standard Magazine about online harassment and its effect on women. Have you read it yet? You really should. It’s making major waves, and is quickly becoming required reading in the 21st century feminist canon.

Thanks for sending this my way, Ashley! So much love directed at you right now.

To sum up the gist of this gloriously lengthy story, Hess describes her own experiences with online harassment, cites the experiences of a handful of other feminist writers, and lays down some disturbing statistics about how big a problem online harassment is for women.

According to Hess, despite the fact that women and men have been logging online in equal numbers since 2000, incidents of Internet harassment are disproportionately directed at women. Between 2000 and 2012, 3,787 people reported online harassment to the volunteer organization Working to Halt Online Abuse — and 72.5 percent of reporting victims were female.

In 2006, researchers at the University of Maryland decided to test this phenomenon, creating a bunch of fake online accounts and sending them off into chat rooms. The results of this little experiment? Accounts with feminine-sounding usernames received an average of 100 violent, threatening, and/or sexual messages each day. Masculine-sounding usernames received 3.7.

Now, I’m going to go out on a limb here and say that no one is surprised by this bullshit. Offline, in the real, flesh-and-blood world, women are routinely harassed in every arena of our lives. At work, on the street, at home, in our beds, at our grandpa’s 90th birthday party, at our cousin’s wedding — the list could go on.

And it’s no mystery why. In this patriarchal culture, women are considered inherently less than — less strong, less smart, less human. Less worthy of respect and equal treatment. Feminism has made its gains, for sure. We’re allowed to go to work and own property and forgo marriage and all kinds of awesome things.

But we’re still only paid an average of 77 cents to a man’s dollar. We still bear the brunt of household labor, in addition to our day jobs. We’re still saddled with the bulk of childcare responsibilities. We’re still raped and beaten and murdered in depressingly high numbers, every day. So, given the reality of our daily lives, it makes sense that the harassment would continue online.

makes senseYou don’t have to look far to find concrete examples of this shit. This week, following the publication of Hess’ cover story, Pacific Standard Magazine is running a whole mess of personal stories, sent in by women who’ve experienced sexual harassment online. Go read them and throw up all over your keyboard. Or, head over to xoJane, to read one of the most epic accounts of dealing with online harassment’s magnum opus, revenge porn.

Or, for a more fun experience, ask your friends! I’m sure they have stories for you. One of my besties, who just recently deactivated her OkCupid account, gave me this little gem when I asked her if she had any nausea-inducing stories to share with me. (She had a zillion to choose from.)

“There was a guy who told me he wanted to eat my ass out in Bobst during finals. I responded with outrage. He became enraged and told me I was ugly and was very cruel. Then I calmly explained to him he was harassing me and that his responses were inappropriate and that there were real people on the other end of the profiles and I like to think he learned something.”

WARNING: Turning harassment into a teachable moment may not be something to try at home. Not for the faint of heart.

I even have my own Internet harassment stories. When I was in middle school, I briefly dated a handful of douchebags. (We’re using the term “dated” very loosely here. Think late night phone calls and hallway handholding.) I nixed each one from my life after a few months, but years later, when Facebook became all the rage in high school, they all managed to find their way back into my universe.

One tracked down my phone number through mutual friends and starting calling me, leaving voicemails, and basically being a huge pain in my ass. Another took it upon himself to send me a lengthy message about how he hoped I would die a slow, painful death as punishment for being a big, scary dyke.

Not fun, you guys. Not fun at all.

So, the moral of the story here? Internet harassment, like flesh-and-blood harassment, is a real thing. And the more we all start talking about it, the more likely it will be taken seriously.

So, what’s your Internet harassment story? Blow it up in the comments.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Devon Buchanan via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

The post Internet Harassment Is a Major Problem for Women appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/blogs/culture-blog/internet-harassment-is-a-major-problem-for-women/feed/ 1 10599
Facebook Suit Alleges Privacy Violations https://legacy.lawstreetmedia.com/news/facebook-suit-alleges-privacy-violations/ https://legacy.lawstreetmedia.com/news/facebook-suit-alleges-privacy-violations/#respond Mon, 06 Jan 2014 17:10:38 +0000 http://lawstreetmedia.wpengine.com/?p=10354

On December 30, 2013, a class action suit was filed against Facebook for its use of members’ private data. The lawsuit is led by two Facebook users named Michael Hurley and Matthew Campbell, though it purports to represent all Facebook users within the United States. In 2010, Facebook unveiled a feature that allowed members to […]

The post Facebook Suit Alleges Privacy Violations appeared first on Law Street.

]]>

On December 30, 2013, a class action suit was filed against Facebook for its use of members’ private data. The lawsuit is led by two Facebook users named Michael Hurley and Matthew Campbell, though it purports to represent all Facebook users within the United States.

In 2010, Facebook unveiled a feature that allowed members to send private messages controlled completely by the users. They stressed the privacy features that this new messaging feature allowed. Hypothetically, those messages were just supposed to be viewable by the sender and recipient(s) of the message. Neither Facebook nor any third-party were supposed to have access to the messages.

The suit alleges that this was false. According to an inspection by “independent security researchers” last year, Facebook has been scanning the contents of those messages to use for marketing and other purposes. The suit alleges two main ways in which Facebook has been doing so. The first is when a user sends a private message with a link. For example, suppose someone sent you an article on lawstreetmedia.com, The link will register with Facebook, and the site will follow it to see to where it leads. If it is a site that has a Facebook page, as many do, Facebook registers that as a “like” on that company’s public page. That has a number of troubling implications. For example, I know I’ve definitely sent an article link to a friend before because I disagreed with the article. I definitely wouldn’t want a like to register on that site’s Facebook page as a result. It also means that it would be possible to fabricate likes–a company could make sure its page got linked in messages a lot, and likes would register as a result.

The suit also alleges that Facebook mines that sort of data sent in privates messages for use by either Facebook itself or third parties. It is then used for marketing or advertising purposes.

The suit states that Facebook’s use of private messages in such a way violates the Electronic Communications Privacy Act–an electronic version of the law preventing someone from opening another person’s mail. The argument that Facebook is expected to utilize is that Facebook isn’t reading the messages–just grabbing data from them.

This isn’t the first time that Facebook has been accused of such practices. In 2012, the Wall Street Journal pointed out that Facebook does scan its messages for keywords related to criminal behavior. Google has been the focus of similar allegations. There is a silver lining to Facebook’s use of private messages, however, as they also can sometimes filter out spam or malware before an unsuspecting user opens it. An internet security expert named Graham Cluley added, “[i]f you didn’t properly scan and check links, there’s a very real risk that spam, scams, phishing attacks, and malicious URLs designed to infect recipients’ computers with malware could run rife.”

The suit is demanding an injunction for Facebook to stop its behavior. The two plaintiffs also want Facebook to pay the members of the suit $100 a day for each violation, or $10,000. Given that the suit claims to include all American Facebook users who have had their private messages used in such a way, I would assume that’s a lot of people and could equal a pretty hefty sum.

Honestly, I wasn’t too surprised that Facebook used data in such a way. I pretty much assume that sites track activity always–but maybe I’m just a cynic. One of the best indicators for how this lawsuit will go for Facebook may come from the similar pending lawsuit involving Google. This September it was ruled that the suit would go forward–potentially becoming a big problem for Google. I’m sure we’ll see suits from other social media and communication sites in the months and years to come. Google and Facebook are just the beginning.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Sean MacEntee via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Facebook Suit Alleges Privacy Violations appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/facebook-suit-alleges-privacy-violations/feed/ 0 10354
Match.com May Pay Heavy Price for Fake Profiles https://legacy.lawstreetmedia.com/news/match-com-may-pay-heavy-price-for-fake-profiles/ https://legacy.lawstreetmedia.com/news/match-com-may-pay-heavy-price-for-fake-profiles/#comments Fri, 29 Nov 2013 16:43:21 +0000 http://lawstreetmedia.wpengine.com/?p=9104

Online dating becomes more popular with each passing year. In 2013, 38 percent of singles reported having used an online dating site or some sort of mobile app. But in order to secure a successful online date, it takes time and effort to weed out all of the duds–after all, approximately 1 in 10 online […]

The post Match.com May Pay Heavy Price for Fake Profiles appeared first on Law Street.

]]>

Online dating becomes more popular with each passing year. In 2013, 38 percent of singles reported having used an online dating site or some sort of mobile app. But in order to secure a successful online date, it takes time and effort to weed out all of the duds–after all, approximately 1 in 10 online dating profiles is faked.

Now, when I say faked, I’m not saying that people are lying about their looks, or amount of children, or whether they’re actually ready to settle down with the right girl. To be honest, if we included those kinds of relatively harmless fibs, I’m sure the number would go way over 1 in 10. I’m talking about faked profiles purely for the purpose of Internet fraud.

Internet fraud is not new. I know that I’ve received those horrifying emails from friends and family claiming someone has been kidnapped or robbed while in an exotic location, and they need me to wire $15,000 to a random location at least half a dozen times. And don’t even get me started on those spam emails where someone introduces themselves as a member of royalty, informs me they are getting their inheritance in a few weeks and will pay me some exorbitant fee, but just need some money to tide them over. The propositions are ridiculous, annoying, and unbelievable, yet thousands of people fall for them annually. In 2011, The Internet Crime Complaint Center reported 315,000 fraud claims, but there were probably many more that did not get reported.

One of the newest waves of such Internet schemes has been taking place on dating websites. And at least one scam on the popular dating site Match.com has ended in abject tragedy. In 2010, a 70-year-old Yonkers man named Al Circelli was contacted by a profile pretending to be a beautiful young woman in Ghana named Aisha. “Aisha” corresponded with the man for over a year, built up a rapport with him, and then informed him that she was in financial struggle. The profile scammed $50,000 out of Circelli until he went broke and actually had to borrow money from his son in an attempt to help her out. When he found out that it had all been a scam, he committed suicide.

Now, Match.com is being sued by a woman named Yuliana Avalos, and other unnamed plaintiffs. “Aisha” had been using Avalos’s modeling photos during her attempt to extort money from Circelli. Avalos claims that her pictures are used constantly on the site; at this point she has discovered at least 200 fake profiles in her likeness. While Avalos has become the face of this lawsuit, the others involved in the suit also tend to be young, attractive, and relatively visible women whose public personas have been co-opted to create fraudulent profiles.

According to the plaintiffs, it would be pretty easy to prevent this fraud from happening. There is facial recognition software that could pinpoint multiple profiles using the same photographs. And there are ways to track computers’ IP addresses to see if the computer on which the profile was created actually matches the city on the profile. She claims that the site knows about these fake profiles, but doesn’t necessarily do anything to stop them because even fake profiles inflate the number of users the site is able to report. The class action lawsuit is currently $1.5 billion.

A similar suit regarding fake profiles on Match.com was dismissed a few years ago. In regards to Avalos’s lawsuit, a Match.com spokesman has already claimed that the lawsuit is baseless, stating “the real scam here is this meritless lawsuit, which is filled with outlandish conspiracy theories and clumsy fabrications in lieu of factual or legal basis. We’re confident that our legal system is as adept as we are at detecting scammers and will dismiss this case in short order.”

Match.com absolutely needs to start working harder to weed out scam profiles. People pay for their service, and they should be guaranteed that they are only interacting with real profiles. That being said, I’m not sure how effective Avalos’s lawsuit will be. According to the claim, the defendants (Match.com and its subsidiaries) were cognizant of these fake profiles and broke laws by not removing them. From reading the complaint, the plaintiffs do seem to have identified a large number of fake profiles. But the question is, was it Match.com’s job to police these profiles? If so, could it be, for example, Google’s job to prevent fake emails? Companies can only do so much. Hopefully, Avalos’s lawsuit will help define those hazy parameters.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [maya elaine via DeviantArt]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Match.com May Pay Heavy Price for Fake Profiles appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/match-com-may-pay-heavy-price-for-fake-profiles/feed/ 1 9104
Follow Your Friends…And Arms Dealers on Instagram https://legacy.lawstreetmedia.com/news/follow-your-friends-and-arms-dealers-on-instagram/ https://legacy.lawstreetmedia.com/news/follow-your-friends-and-arms-dealers-on-instagram/#respond Fri, 25 Oct 2013 15:48:04 +0000 http://lawstreetmedia.wpengine.com/?p=6541

The popular picture-sharing social network Instagram has definitely cornered the market on sharing brunch memories and beach photos. But now there’s a new, surprising, industry developing from the network that originally made a name for itself with teenage and college-aged girls. Instagram has now become a forum to sell guns. Gun regulations vary state by […]

The post Follow Your Friends…And Arms Dealers on Instagram appeared first on Law Street.

]]>

The popular picture-sharing social network Instagram has definitely cornered the market on sharing brunch memories and beach photos. But now there’s a new, surprising, industry developing from the network that originally made a name for itself with teenage and college-aged girls. Instagram has now become a forum to sell guns.

Gun regulations vary state by state, but many states do not have laws in place governing online sales. While companies and official sellers have laws that they must follow, individual private sellers are not necessarily held to the same constraints. For the most part, the ATF does not get involved in occasional private sales. They encourage sellers to go to a licensed dealer and get a background check for the people to whom they are selling; however, it’s not really enforced. This market, which is at least superficially anonymous, is almost completely unregulated. On Instagram, you can find everything from small handguns to assault rifles.

Sam Hoover from the Law Center to Prevent Gun Violence, in a statement to the Daily Beast stated, “private sales to in-state buyers are almost completely unregulated by federal law. No background check and no record of sale are required unless state law fills this gap.” That is the venue through which most of these sales are made. Essentially, private sellers are selling firearms almost completely anonymously to people within their state who have no need to pass a background check or anything of the sort.

Online sites that are created for the purpose of sales—for example Craigslist or Ebay—have rules that prohibit the casual selling of firearms. But a site like Instagram, which has no innate sales function, does not have any rules of those sorts.

The issue isn’t that these types of sales are by any means illegal—the issue is that the vast majority of them are. Technology allows a forum for sales that laws never thought to outlaw. Before the Internet, if someone wanted to buy a gun privately, they would have to hear about the sale from a friend, or possibly go to some sort of semi-black marketplace. Laws weren’t created to prevent these kinds of sales, because they were relatively sparse. Now, with the Internet, these sales are incredibly easy to complete. Just searching Instagram for the keywords, or tags, that indicate sales, yields the ability to purchase firearms.

The actual magnitude of this marketplace is unknown—the Daily Beast reported as though there were many sales happening each week, while a Slate article disagreed and estimated that only a few sales happened in a given week. Regardless of who’s right, these sales do appear to happen. And if they happen on Instagram, a site that is a social network and by no means created for sales, there’s every possibility that they could be happening on other forums.

There have been a few select cases of legal action being pursued against sellers on Instagram. A few months ago, a rapper and DJ in Brooklyn, NY, talked about selling guns on Instagram and Youtube. Authorities went forward with a gun bust that resulted in a net raid of 254 guns. Because these were not simply occasional sales made between individuals, charges could be pressed. Unfortunately, that will not be the case with most of these gun sales.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Brent Danley via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Follow Your Friends…And Arms Dealers on Instagram appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/follow-your-friends-and-arms-dealers-on-instagram/feed/ 0 6541
Privacy or the Internet: Choose One https://legacy.lawstreetmedia.com/news/privacy-or-the-internet-choose-one/ https://legacy.lawstreetmedia.com/news/privacy-or-the-internet-choose-one/#respond Mon, 21 Oct 2013 20:50:46 +0000 http://lawstreetmedia.wpengine.com/?p=6317

The double standard of a generation. The ultimate oxymoron. Each year major companies including Facebook, Instagram, Snapchat, and Google, constantly revise their terms and conditions—making it even harder for users to monitor and control who is able to view their content. It may come as a surprise to many, but these companies OWN everything you […]

The post Privacy or the Internet: Choose One appeared first on Law Street.

]]>

The double standard of a generation. The ultimate oxymoron.

Each year major companies including Facebook, Instagram, Snapchat, and Google, constantly revise their terms and conditions—making it even harder for users to monitor and control who is able to view their content.

It may come as a surprise to many, but these companies OWN everything you post. That’s right, what is yours, is theirs. Just recently, Google announced a change in privacy, allowing them to access Google+ profile pictures and comments as a mean of advertising. Likewise, Facebook announced this Wednesday that  content posted by teenagers, individuals ages 13-17, are now not only accessible to people who know their friends, but anyone who types in the right keywords.

This forbidding future allots cyber bullying, moreover the increased accessibility to child pornography, elicit content, and internet stalking.

The Internet is evolving. Privacy used to have some standards. Now it’s a savage free for all, even children are subject to.

All of this brings up a pressing question: If random people on the Internet have access to private user generate content, can the government?

Yes. No question. In fact, this has been happening prior to the current revisions in dot-com privacy policies.

In Policy Mic’s article, PRISM: The 8 Tech Companies Who Gave Your Data to the Government Have This to Say About the Scandal, Google states, “Google cares deeply about the security of our users’ data. We disclose user data to governments in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘backdoor’ into our systems, but Google does not have a backdoor for the government to access user data.”

To break this quote down, Google basically said, “We do not hand your content to the government on a golden platter. They have to ask nicely, and then, only then, will give it to them what they want in a paper lunch bag—not gold”.

Different phrasing, same idea. This brings up the much-needed talk about legislation to protect the user. Congress needs to look into these corporations’ exploitation of user content.

This is unlike anything we have seen before, and there are relatively no laws protecting the users. Should there be? Absolutely. But that may result in a much different Internet, an Internet where you pay to use websites. One way or another you are paying, it just depends if you want to pay with your identity.

[NewYorkTimes] [PolicyMic]

Featured image courtesy of [g4II4is via Flickr]

Zachary Schneider
Zach Schneider is a student at American University and formerly an intern at Law Street Media. Contact Zach at staff@LawStreetMedia.com.

The post Privacy or the Internet: Choose One appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/privacy-or-the-internet-choose-one/feed/ 0 6317
The New Frontier of Privacy: Lavabit’s Encrypted Email No More https://legacy.lawstreetmedia.com/news/the-new-frontier-of-privacy-lavabits-encrypted-email-no-more/ https://legacy.lawstreetmedia.com/news/the-new-frontier-of-privacy-lavabits-encrypted-email-no-more/#respond Tue, 15 Oct 2013 18:39:18 +0000 http://lawstreetmedia.wpengine.com/?p=5835

For most Americans, large chunks of our lives play out online. We have numerous social media sites, we check our bank accounts through “secured” websites, and we use email for almost all we do—work, social plans, and everything in between. It’s sad, but I can say without a doubt that there have been days where […]

The post The New Frontier of Privacy: Lavabit’s Encrypted Email No More appeared first on Law Street.

]]>

For most Americans, large chunks of our lives play out online. We have numerous social media sites, we check our bank accounts through “secured” websites, and we use email for almost all we do—work, social plans, and everything in between. It’s sad, but I can say without a doubt that there have been days where I have interacted with people over email more than in person. And every day, we’re reminded that our Internet lives are lulled into a false sense of security. Yet we still make our email password the name of our dog combined with the year we were born, and assume digital theft will never happen to us.

In 2004, Texas-based Ladar Levison created Lavabit, a highly encrypted email host that aimed to fix these Internet security problems for anyone who wanted it. Characterizing Lavabit as highly encrypted is actually a gross understatement—Lavabit encryption was viewed as uncrackable for even government intelligence agencies. There were free and paid versions of Lavabit’s email services. As of August 2013, Lavabit counted about 410,000 users.

One of these users was the now infamous Edward Snowden; his Lavabit email address was discovered this July. The Federal Government almost immediately obtained a search warrant commanding that Lavabit allow the government access to its system.

Because of the way this request was phrased—the government wanted access to the entire Lavabit system, not just Snowden’s account—Levison refused to cooperate. Levison was first instructed to hand over the “SSL” keys to his site (essentially a way to allow the government to view all the information contained in Lavabit accounts). Levison first responded to this order by handing over the SSL keys on paper in tiny font, rendering them almost unusable.  Finally he handed over the SSL keys digitally—he will pay a $10,000 fine for that delay—but shut down the site.

No one is completely sure exactly why Levison suspended the site, given that he is now under gag order. He has said that he is banned from sharing some information even with his lawyer. He has also said that he could be arrested for closing down Lavabit instead of just releasing the SSL keys. He is currently filing an appeal with the United State Court of Appeals for the Fourth Circuit. His appeal is based on the Fourth Amendment, which prevents unreasonable search and seizure. He has also claimed that the government cannot ask a company to do something that will go directly against the purpose of their business. His lawyers likened it to “commanding the City of Richmond to give the police a key to every house within the city limits. To comply with the government’s subpoena would have either required Lavabit to perpetrate a fraud on its customer base or shut it own entirely.”

Lavabit did actually go back online very briefly for 72 hours starting the evening of October 14th so that users could download any emails they needed that remained on the site. As of yet, there are no plans for Lavabit to reopen.

This shutdown offers ramifications for any other sites that offer completely encrypted email services. Silent Circle, one of Lavabit’s competitors, shut down its silent email software right after Lavabit went dark.

Levison’s appeal will be interesting to watch. In a modern world that is inundated with fast, online, communication, privacy is always at issue. Online identity should be a concern for everyone. Can companies create services that allow us to hide those online communications from Big Brother? The results of Levison’s appeal will answer that question, for better or for worse.

[Forbes]

Featured image courtesy of [IGregma via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post The New Frontier of Privacy: Lavabit’s Encrypted Email No More appeared first on Law Street.

]]>
https://legacy.lawstreetmedia.com/news/the-new-frontier-of-privacy-lavabits-encrypted-email-no-more/feed/ 0 5835