SESTA will cause more harm to victims of sex trafficking, while at the same time cementing Facebook's dominant position, by putting smaller companies at significant risk. The cynical among you may suggest this latter part explains Facebook's decision here, though I'd argue that's almost certainly not true.
Why not? What have you ever seen about Facebook's conduct that makes you doubt this?
"The European Parliament's text on the ePrivacy Regulation would essentially expropriate advertising-funded businesses by banning them from restricting or refusing access to users who do not agree to the data collection underpinning data-driven advertising," warned Townsend Feehan, CEO of IAB Europe.
The part you're not seeing is, the entire DMCA takedown system is extortion. It's just that it's the platform whose arm is usually being twisted, and in this case it's the content creator's. This is not an example of why the DMCA takedown system needs to be protected; it's yet another example of why it needs to be thrown out entirely and replaced by the real safe harbors of CDA 230.
Innocent until proven guilty is the case for all other legal matters, and it should be the case here. When something is be taken down with the force of the law behind it without a court order, it's a miscarriage of justice.
When the laws are so ridiculously broad that the average American commits 3 felonies a day without even realizing it
It's not. Have you actually seen the book in question? The "common" felonies that "everyone does all the time" are actually extremely specific things that aren't in any way applicable to 99% of people. The entire concept is a ridiculous exaggeration.
You'll recall that for years mobile carriers like Verizon argued that we don't need meaningful privacy protections because they always self-regulate within the boundaries of good taste.
Once again, is there any example of this ever actually happening? Megacorporations do not "self-regulate." Ever.
The claimed 90% accuracy sounds impressive, except that China has a population of approximately 1.4 billion. 10% of that is close to half the entire population of the USA. If that many people are expected to get misidentified, that's gonna cause a lot of problems...
“It is becoming increasingly clear that the wheels are falling off of satellite TV,” he writes, meaning that Dish Network might announce similar results.
Aren't they the ones running Sling, aka "the guys who got OTT right"? Seems that would offset it quite a bit.
I won't go into all of the background in both cases, but the super short version is that under the Facebook v. Power ruling, it's a CFAA violation for a service to access a website -- even if at the request of users -- if the website has sent a cease-and-desist. That shouldn't be seen as hacking, but the court said it's "unauthorized access." Power was a service that tried to help consolidate different social networks into a single user interface for users -- and lots of people found that valuable and signed up for the service. But, Facebook didn't like it and sent a cease-and-desist to Power. Power figured that since users were asking it to continue and they were the ones who had the accounts, it was okay to continue. The court, unfortunately, claimed that it was a CFAA violation -- the equivalent of "hacking" into a system (despite having legit credentials) just because of the cease-and-desist.
I actually don't see any problem with that. How is it any different than a person running a brick-and-mortar business telling someone they aren't welcome there? Once you've said that, if they don't leave, or if they come back, you are within your rights to call the cops on them for tresspassing, and if they said "well I'm here on behalf of someone else who does have the right to be here," that's not going to get them anywhere. So why should this case be treated differently?
There are plenty of other things a lawyer can do that have nothing to do with lawsuits. The last (read: only) time I consulted with a lawyer, it was about some advice on working out a contract. It was worth every penny.
What if a novel were to be incorporated by reference (e.g. "The 8th-grade English Curriculum Shall Include To Kill a Mockingbird.")...
That's not "incorporating by reference"; that's simply referencing. Incorporating by reference would be if the law was putting the content of the book itself (not simply the name of it) into the legal code. It's difficult to imagine a scenario in which this would be the case for a novel.
Understandably, tech companies have attempted to set the record straight repeatedly, using actual facts. That's what Rudd views as "patronising." Facts.
Yes, that is generally how the term is deployed these days, sadly enough.
Proper response: "we'll create an encryption backdoor that can only be used by legitimate authorities to target bad guys the day after you create a gun that operates on those same principles."
I can't help but look at this from a slightly different perspective: When we keep seeing this exact same thing happen over and over, (organization XYZ left data sitting around exposed in an Amazon S3 bucket,) why is no one asking why Amazon makes it so easy to screw up?
What in the world is a "replevin"? It sounds like something you'd hear on a TV pharmaceutical ad. "Talk to your doctor and see if replevin is right for you!"
Yeah, that'll show 'em! The way to fix the problems on the Left and the Right is to join a party whose ideology combines all the most toxic, blatantly evil precepts of both the Left and the Right and precious few of the virtues from either side!
On the post: Will Sheryl Sandberg And Facebook Help Small Websites Threatened By SESTA?
Why not? What have you ever seen about Facebook's conduct that makes you doubt this?
On the post: Don't Cheer For The Twitter Employee Who Deleted Donald Trump's Account
Re: Cathy Gellis is wrong about this
On the post: European Parliament Agrees Text For Key ePrivacy Regulation; Online Advertising Industry Hates It
You say that like it's a bad thing...
On the post: Using YouTube Takedowns As Extortion
Well, you're halfway right.
The part you're not seeing is, the entire DMCA takedown system is extortion. It's just that it's the platform whose arm is usually being twisted, and in this case it's the content creator's. This is not an example of why the DMCA takedown system needs to be protected; it's yet another example of why it needs to be thrown out entirely and replaced by the real safe harbors of CDA 230.
Innocent until proven guilty is the case for all other legal matters, and it should be the case here. When something is be taken down with the force of the law behind it without a court order, it's a miscarriage of justice.
On the post: Beyond ICE In Oakland: How SESTA Threatens To Chill Any Online Discussion About Immigration
Re: Re:
It's not. Have you actually seen the book in question? The "common" felonies that "everyone does all the time" are actually extremely specific things that aren't in any way applicable to 99% of people. The entire concept is a ridiculous exaggeration.
On the post: Wireless Carriers Again Busted Collecting, Selling User Data Without Consent Or Opt Out Tools
Once again, is there any example of this ever actually happening? Megacorporations do not "self-regulate." Ever.
On the post: Details Emerge Of World's Biggest Facial Recognition Surveillance System, Aiming To Identify Any Chinese Citizen In Three Seconds
The claimed 90% accuracy sounds impressive, except that China has a population of approximately 1.4 billion. 10% of that is close to half the entire population of the USA. If that many people are expected to get misidentified, that's gonna cause a lot of problems...
On the post: AT&T Spent Hundreds Of Billions On Mergers And All It Got Was A Big Pile Of Cord Cutters
Aren't they the ones running Sling, aka "the guys who got OTT right"? Seems that would offset it quite a bit.
On the post: Another Ridiculous Lawsuit Hopes To Hold Social Media Companies Responsible For Terrorist Attacks
Are they responsible for even that much?
If so, do I have a legal cause of action against the maintainers of a website if I go there and an ad tries to send malware to my computer?
On the post: Real Life Soccer Player Besieged By Requests To Play For Foreign Team Due To Video Game Error
Ruben Aguilar: No, I don't Bolivia!
On the post: Supreme Court Leaves Troubling CFAA Rulings In Place: Sharing Passwords Can Be Criminal Hacking
I actually don't see any problem with that. How is it any different than a person running a brick-and-mortar business telling someone they aren't welcome there? Once you've said that, if they don't leave, or if they come back, you are within your rights to call the cops on them for tresspassing, and if they said "well I'm here on behalf of someone else who does have the right to be here," that's not going to get them anywhere. So why should this case be treated differently?
On the post: Court To Guy Who Sued News Stations Over His Facebook Live Video: Pay Their Legal Fees... And Maybe Sue Your Lawyers
Re: Re:
On the post: Members Of Congress: Court Was Wrong To Say That Posting The Law Is Copyright Infringement
Re: The issue isn't quite so cut-and-dried
That's not "incorporating by reference"; that's simply referencing. Incorporating by reference would be if the law was putting the content of the book itself (not simply the name of it) into the legal code. It's difficult to imagine a scenario in which this would be the case for a novel.
On the post: UK Home Secretary Calls Tech Leaders 'Patronizing' For Refusing To Believe Her 'Safe Backdoors' Spiels
Re: Re:
It does nothing for the second part, about only shooting bad guys.
On the post: UK Home Secretary Calls Tech Leaders 'Patronizing' For Refusing To Believe Her 'Safe Backdoors' Spiels
Yes, that is generally how the term is deployed these days, sadly enough.
Proper response: "we'll create an encryption backdoor that can only be used by legitimate authorities to target bad guys the day after you create a gun that operates on those same principles."
On the post: Auto Location Tracking Company Leaves Customer Data Exposed Online
Re: Re:
On the post: Auto Location Tracking Company Leaves Customer Data Exposed Online
I can't help but look at this from a slightly different perspective: When we keep seeing this exact same thing happen over and over, (organization XYZ left data sitting around exposed in an Amazon S3 bucket,) why is no one asking why Amazon makes it so easy to screw up?
On the post: Federal Judge Says Indiana's Vehicle Forfeiture Laws Are Unconstitutional
On the post: Republican Governors Association Sets Up Partisan News Site & Forgets To Tell Anyone As It Pumps Out 'News'
Re: Re: The only value the GOP has left...
On the post: Deloitte Hit By Cyberattack That Compromised Client Information & Decided To Basically Tell Nobody At All
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