April 23, 2014

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Dear Craig: Voluntarily Dismiss with Prejudice

[Cross-posted on my blog, Managing Miracles]

Last summer, Craigslist filed a federal lawsuit against the company Padmapper (and some related entities). Padmapper.com is a site that, among other things, allows users to view Craigslist postings on a geographical map. It is a business premised on providing value added services to Craigslist postings — with some of that added value going back to Craigslist in the form of more users. Craigslist did not like this, and alleged a host of claims — seventeen of them, by the time they were done with the “First Amended Complaint” (FAC). Among their claims were alleged violations of copyright, trademark, breach of contract, and — surprisingly — Computer Fraud and Abuse Act (CFAA). The CFAA claims were not in the original complaint (they showed up only in the September 2012 FAC). Today, the judge ruled that some of the claims would be dismissed, but that many would survive.

I am still at a loss about why Craigslist is taking such a scorched earth tactic against a site that appears to help more people find Craigslist postings. Sure, they’re looking to make money while doing it, but that’s how much of the internet business ecosystem works. I’m particularly shocked, because Craig Newmark has been at the forefront of fighting for so much good online policy. We’ve met a few times, including the period when he was embroiled in the fight over whether or not “adult services” would do away with his CDA 230 intermediary liability. He was on the right side of SOPA/PIPA and helped to fight against over-expansive copyright. I’ve always found him to be personally friendly, thoughtful, and savvy about what makes the internet work.
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Copyrights, Fundamental Rights, and the Constitution

There was a lot to take issue with in Scott Turow’s recent op-ed in The New York Times. Turow, who is currently President of the Authors Guild, took to The Times to criticize the Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, which brought physical books manufactured and sold abroad within the protective scope of copyright’s first sale doctrine. Turow cast the Court’s decision as another blow to authors’ rights, which, by his account, are being pitilessly washed away by the digital tides. He blames the usual suspects: e-books, Amazon.com, pirates, Google, and—this last one may surprise you—libraries. The coup de grace, he asserted, will be the extension of first sale rights to digital copies of books. (It may comfort him to know that the possibility of that happening is more remote following Redigi’s recent defeat in federal district court.)
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Are There Countries Whose Situations Worsened with the Arrival of the Internet?

Are there countries whose situations worsened with the arrival of the internet?  I’ve been arguing that there are lots of examples of countries where technology diffusion has helped democratic institutions deepen.  And there are several examples of countries where technology diffusion has been part of the story of rapid democratic transition.  But there are no good examples of countries where technology diffusion has been high, and the dictators got nastier as a result.

Over twitter, Eric Schmidt, Google CEO, recently opined the same thing.  Evgeny Morozov, professional naysayer, asked for a graph.

So here is a graph and a list.  I used PolityIV’s democratization scores from 2002 and 2011.  I used the World Bank/ITU data on internet users.  I merged the data and made a basic graph.  On the vertical axis is the change in percent of a country’s population online over the last decade.  The horizontal axis reflects any change in the democratization score–any slide towards authoritarianism is represented by a negative number.  For Morozov to be right, the top left corner of this graph needs to have some cases in it.

Change in Percentage Internet Users and Democracy Scores, By Country, 2002-2011

noexamples

Look at the raw data.

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Let’s stop Nigerian scams once and for good

A personal friend of mine’s Yahoo account was recently hacked by a Nigerian scammer. I know this because the email I got (“I’m stuck in the Philippines and need you to wire money”) had an IP address in a “Received” header that pointed squarely at Lagos, Nigeria. The modus operandi of these scammers is well understood. They erased my friend’s address book to make it harder to contact friends and family and alert them. The email they sent out also had a “Reply-To” field that directs subsequent conversations to a Hotmail account of the same username. I bantered back and forth with the scammer, but wasn’t able to accomplish much of interest before Hotmail abuse staff, who I concurrently notified, shut down the account. Now my friend has to clean up the mess left behind by the scammer.
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Principles #4 and #5 for Fostering Civic Engagement Through Digital Technologies: Engage On-line and Off-line, and Prepare for the Future

As part of my continuing series, today I’ll discuss two more principles for fostering civic engagement and digital technologies. My earlier posts are:
#1 Know Your Community
#2 Keep it Simple
#3 Leverage Entrepreneurial Intermediaries

Principle #4: Utilize Creative Combinations of On-line and Off-line Communications

Whether it’s a grass roots organization, national political campaign or local government agency, any group that wishes to identify and motivate people to become involved in civic affairs needs to use creative combinations of on-line and off-line communications. In today’s post, I will discuss two different situations where I’ve observed people combining new technology and traditional grass roots organizing to foster civic engagement.

On Twitter, I recently came across an account dedicated to a student’s grass roots campaign for Vice President of the student government at The University of Mississippi (Ole Miss). Her tweets below are a simple representation of today’s hybrid on-line/off-line grass roots campaign.

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Drones over Princeton: A Goofy Video About a Serious Issue

Last week, privacy attorney Grayson Barber brought her “drone” to CITP in order to do a demo at her talk, “Drones Are Like Flying Computers.” Grayson discussed the many serious legal issues raised by drones (you can watch the video of her presentation here). But her drone takes great video, so I couldn’t resist making a somewhat silly video from the footage that she took during the demo.


(watch the video directly here)

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Internet Voting Security: Wishful Thinking Doesn’t Make It True

[The following is a post written at my invitation by Professor Duncan Buell from the University of South Carolina. Curiously, the poll Professor Buell mentions below is no longer listed in the list of past & present polls on the Courier-Journal site, but is available if you kept the link.]

On Thursday, March 21, in the midst of Kentucky’s deliberation over allowing votes to be cast over the Internet, the daily poll of the Louisville Courier-Journal asked the readers, “Should overseas military personnel be allowed to vote via the Internet?” This happened the day before their editorial rightly argued against Internet voting at this time.

One of the multiple choice answers was “Yes, it can be made just as secure as any balloting system.” This brings up the old adage, “we are all entitled to our own opinions, but we are not entitled to our own facts.” The simple fact is that Internet voting is possible – but it is definitely NOT as secure as some other balloting systems. This is not a matter of opinion, but a matter of fact. Votes cast over the Internet are easily subject to corruption in a number of different ways.

To illustrate this point, two colleagues, both former students, wrote simple software scripts that allowed us to vote multiple times in the paper’s opinion poll. We could have done this with repeated mouse clicks on the website, but the scripts allowed us to do it automatically, and by night’s end we had voted 60,000 times. The poll vendor’s website claims that it blocks repeated voting, but that claim is clearly not entirely true. We did not break in to change the totals. We did not breach the security of the Courier-Journal’s computers. We simply used programs instead of mouse clicks to vote on the poll website itself.
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Two Major updates to RECAP: Developers from Around the World Write Code in Memory of Aaron Swartz

A little over two months ago, we joined with the Think Computer Foundation to offer a set of grants in memory of our friend Aaron Swartz. Aaron worked on many issues in his too-short life, but one of those was liberating American court records from behind a pay-wall. He helped to inspire our RECAP project, which has allowed thousands of people to legally liberate and share millions of public records.

We didn’t know if anyone would take up the challenge, but today we are extremely pleased to award two of these grants. These awards recognize some truly amazing coding by software developers that were inspired by Aaron Swartz and his causes. Over the past several years, the two most-requested features for RECAP have been support for US Courts of Appeals (a.k.a. circuit courts), and a version of RECAP that works with the Chrome browser.

Ka-Ping Yee, Filippo Valsorda, and Alessio Palmero Aprosio represent the best kind of technological idealists. They are idealists that not only believe in worthy causes, but also have the engineering expertise and the dogged determination to see their vision through. Read more about them and install their code at recapthelaw.org.

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The District of Columbia Claims Copyright on the Law

Update: They released the unofficial version of the DC Code under a CC-0 License. Josh Tauberer has the backstory.

Copyright exists to incentivize people to create new works. The federal government is not allowed to copyright things, because they don’t need the added incentive, and it would be bad if they started charging for access to something like the text of laws that they promulgate. If ignorance of the law is no excuse, the law must be public and knowable.

It’s a little bit more muddled at the state level. The District of Columbia claims that they own the copyright to the municipal code of DC. This is insane. Furthermore, as documented by Tom MacWright, DC has sold the exclusive rights to digital copies of the DC code to West (Thomson Reuters), and they cannot legally redistribute an electronic version of the code. This makes all kinds of democracy-enhancing activities impossible. In fact, even the physical copies of the DC Code bear the notices “Copyright 2001 by The District of Columbia” and “All Rights Reserved.”

Rogue archivist Carl Malamud thought that this was not only stupid, but also illegal. So, he bought all 23 volumes of the DC code for $803.00, scanned them, and posted them on the web. I agreed with Carl, so I downloaded his copies, printed one of the volumes, and took a picture inviting Thomson Reuters or the DC Council to sue me too.
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