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March 14, 2008

Once Again, Craigslist Isn’t Liable For Discriminatory Posts

A little over two years ago, a civil rights group sued Craigslist, blaming the company for the fact that some of its users were posting discriminatory housing/roommate offers -- which could violate the Fair Housing Act of 1968. However, as plenty of people noted at the time, section 230 of the CDA protects Craigslist as a service provider, not a publisher, meaning that Craigslist isn't the party to sue here. The group could certainly go after the original posters for violating the law, but Craigslist is just the service provider and has no say in the content. That seemed obvious right from the beginning, but the civil rights group pushed forward and lost its case. The judge explained all of this to the lawyers... who filed an appeal anyway. The appeals court has now ruled as well, and (no surprise here) affirmed the original ruling, saying that Craigslist is a service provider, not a publisher, and therefore is not liable for discriminatory posts. As Eric Goldman points out, the ruling (again) makes this quite clear:
"Using the remarkably candid postings on craigslist, the Lawyers’ Committee can identify many targets to investigate. It can dispatch testers and collect damages from any landlord or owner who engages in discrimination....It can assemble a list of names to send to the Attorney General for prosecution. But given §230(c)(1) it cannot sue the messenger just because the message reveals a third party’s plan to engage in unlawful discrimination."
What will be interesting, however, is to see what happens now in a very similar lawsuit involving Roommates.com that is currently being reviewed in a different Circuit. Hopefully the court there comes to a similar conclusion and we stop getting these types of incorrectly targeted lawsuits.

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Ten largest data breaches since 2000

Databreacchhh
Nathan Yau of FlowingData created posted a graphic showing the 10 largest data breaches in the last 8 years. "Notice the higher frequency as we get closer to the present?" writes Nathan. Follow the link to see the whole thing. Link (Thanks, Mike Love!)

Darrin Stevens, version 1 and 2 together

 Darrenstevenses My pal Jason Weisberger and I were just discussing how distressing it can be when a familiar TV character is replaced with a different actor in the middle of a series. Of course, the two Darrins from Bewitched, Dick York and later Dick Sargent, immediately came to mind. I Googled for photos of the two and this beautiful illustration appeared.
Link

WiiWare Week Round Up

Mark Graham writes "All this week, UK games development site Develop has been running a series of articles under its 'WiiWare Week' banner, analyzing developer's affections for, and the potential success of Nintendo's upcoming WiiWare digital distribution platform. Most revealing is the claim that Nintendo has been secretly 'waging war' on the likes of Sony and Microsoft by capitalizing on frustrations over cuts to the Xbox Live Arcade royalty rate (down from 70% to 35% for any game making under $4m in revenue) and talking up the service's access to a wide audience to win over development support. It features commentary from both established developers (such as David Braben, creator of Elite, and Scott Orr, creator of Madden) — and indie teams (developers of new WiiWare games Pop and Gravitronix) making launch games for the service."

Read more of this story at Slashdot.

Verizon: Bandwidth Hogs Are A Tech Issue, Not A Legal Or Business Model Problem

While AT&T has been siding with Hollywood in saying that file sharing is bad (so bad!) and that it needs to filter file sharing to deal with it, Verizon very clearly stated a few months ago that it didn't think that was appropriate. However, now it appears that Verizon has gone even further, in working with a P2P software maker to improve the efficiency of P2P to make it less of a bandwidth hog.

Now, there are a few points worth making on this announcement. First, part of it is clearly just hyping up one startup that is offering a "legal" P2P file sharing offering. Second, part of this is Verizon using the opportunity to tweak AT&T and make itself look much more consumer friendly (something that doesn't often happen with Verizon, to be honest). Third, this hardly means (as some have been suggesting) that Verizon is "file sharing friendly." It only works with the one app that worked on this test with Verizon. However, what it does show is that Verizon recognizes that "bandwidth hogs" really are a technology issue that can be dealt with via technology solutions on the backend, rather than legal or business model methods that make life worse for consumers. That, alone, is a lesson that hopefully other companies in the space (and politicians) will learn.

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House Says No To Retroactive Immunity

Despite a fear-mongering campaign filled with outright lies and fabrications, it appears that the Democrats in the House are actually asking the right questions about why we should grant retroactive immunity to telcos for potentially breaking the law in helping give the government access to information. They approved the version of the bill that they announced earlier this week, which would not get the telcos off the hook if they broke the law over the past few years.

Throughout this whole process, the one thing that has never been explained clearly is why it would possibly make sense to give the telcos immunity for breaking the law. There are perfectly legal means for the government to go out and request the information they wanted. To not go through those legal means makes very little sense, unless the government knew that it would get approval. To anyone who claims that the government "needed" to do this, can you explain why they would "need" to do this without following the legally prescribed paths to do so? The US government is not free to do whatever it wants without oversight. That's why we set up a government with three separate branches to have oversight of each other. Otherwise, the system can and will be abused. What's happening here is that there appears to be quite a bit of evidence that the system was abused, and the White House (and the members of Congress who agree with the White House) are saying that we should ignore that. That seems problematic.

Luckily, (and, to be honest, surprisingly), it appears that some in Congress recognize this point, and are stating it quite explicitly. The EFF highlights the comments of Nancy Pelosi:
"Why would the Administration oppose a judicial determination of whether the companies already have immunity? There are at least three explanations:

First, the President knows that it was the Administration's incompetence in failing to follow the procedures in statute that prevented immunity from being conveyed -- that's one possibility. They simply didn't do it right.

Second, the Administration's legal argument that the surveillance requests were lawfully authorized was wrong; or [third,] public reports that the surveillance activities undertaken by the companies went far beyond anything about which any Member of Congress was notified, as is required by the law.

None of these alternatives is attractive but they clearly demonstrate why the Administration's insistence that Congress provide retroactive immunity has never been about national security or about concerns for the companies; it has always been about protecting the Administration."
Of course, this is not nearly over yet. The Senate still needs to vote on legislation and the President would still need to approve it -- and he's made it clear that he'll veto any bill that doesn't include immunity. For all his complaints that not having a bill approved would make the US less safe, it would appear that it's his demand for retroactive immunity that is actually holding up the bill's passage. There is nothing in the current bill that makes the country any less safe. The only thing holding it up is a desire to brush aside questions about whether or not earlier activities broke the law.

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Microsoft Developing News Sorting Based On Political Bias

wiredog writes "The Washington Post is reporting that Microsoft is developing a program that classifies news stories according to whether liberal or conservative bloggers are linking to them and also measures the 'emotional intensity' based on the frequency of keywords in the blog posts." If you would like to jump right to the tool you can check out "Blews" on the Microsoft site.

Read more of this story at Slashdot.

Sweden Becoming Less Friendly To File Sharing

Despite having politicians who seem to actually understand the real issues at stake surrounding file sharing (hint: it's not a legal problem having to do with "pirates"), it appears that some in the country are getting fed up with the entertainment industry trying to portray Sweden as a "haven for pirates" thanks to the Pirate Bay (which isn't even hosted in Sweden any more). Earlier this year charges were filed against The Pirate Bay, even though it's still not clear if they actually violated any laws. And, now, some Swedish politicians are saying that ISPs should be required to cough up the information of those accused of sharing files. Oddly, this comes so soon after the EU decided that IP addresses are private info and various other countries in Europe have ruled that ISPs shouldn't hand over info, as user privacy is much more important than propping up the entertainment industry's business model.

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Lou Reed Upset By MP3 Quality; Has He Ever Listened To Velvet Underground Recordings?

Since when is Lou Reed an audiophile? Down at SXSW Reed gave a talk where he complained about the sound quality of MP3 technology and the fact that people didn't realize how awful they sounded. This is a complaint made by quite a few other people as well, who seem to ignore the fact that for most people and most music, MP3 technology is perfectly good enough, and the convenience of being able to carry around more, is a lot more important than a barely (if at all) noticeable change in audio quality. In the meantime, has Lou Reed listened to any of his early Velvet Underground recordings? I don't recall "audio quality" being one of the key characteristics of those songs...

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BattleBots Delayed, Will Go Brains Over Babes

An anonymous reader writes "We got all excited earlier this week about robo-combat returning to TV with ESPN, but now PopMech super geek Erik Sofge talks to the folks at BattleBots and finds out that because of so many early entries, the competition will be delayed until at least November. The reason? Gone are the babes and predictable wedge fights, in are eager engineering students, a crazy ramp arena and lots of new rules. Worth the wait, or do we miss the Comedy Central version?"

Read more of this story at Slashdot.

Tibet: more deaths, injuries in Lhasa as crackdown grows


Update on a series of previous posts here on BB about pro-Tibetan-independence protests in Lhasa: violence grew dramatically today. Snip from report issued today by the US-government-funded news agency RFA, which has correspondents on the ground in Tibet:

“We saw two dead at Ramoche temple, two in the garden, two at the Ganden printing house, and those Tibetans who went to take food to prisoners in Drapchi prison saw 26 Tibetans shot after they were brought in on a black vehicle,” one Tibetan witness said. “There could be about 80 dead, or more, but there is too much commotion here to give an exact number.”

“Several buildings owned by Chinese immigrants and Chinese Muslim immigrants were set on fire,” the witness said. “All those shops owned by Chinese were ransacked and burned. Tibetan shop owners were told to mark their shops with scarves.”

Another source said Ramoche monastery, which has about 110 resident monks, was badly damaged after Tibetans were found running in the area carrying photos of the Dalai Lama and shouting “Independence for Tibet.’”

Link.

Snip from a related report on AP, which references the RFA item:

At a demonstration outside the United Nations in New York, Psurbu Tsering of the Tibetan Association of New York and New Jersey said its members received phone calls from Tibet claiming 70 people had been killed and 1,000 arrested. The reports could not be verified.

Image: A man lies injured in the street during street protests today in the "Old Tibetan" neighborhood of Lhasa. (AP Photo)

Previously on BB:

  • Tibetan protests in Lhasa turn violent as Chinese forces crack down
  • China sends in troops to quell monks' peaceful protests
  • Police attack peacefully protesting monks in Tibet
  • Protest inside Tibet captured on tourists' cameras
  • Hacking the Himalayas: Xeni's stories and trek-blog from Tibet and India
  • Boing Boing tv: Miss Tibet/Eames Elephants
  • Google, China, and genocide: web censorship and Tibet

  • US House Rejects Telecom Amnesty

    The US House has just approved a new bill that rejects the retroactive immunity to telecommunication businesses and denies most of the new powers for the US President to spy on citizens without a warrant. "As impressive as the House vote itself was, more impressive still was the floor debate which preceded it. I can't recall ever watching a debate on the floor of either House of Congress that I found even remotely impressive -- until today. One Democrat after the next -- of all stripes -- delivered impassioned, defiant speeches in defense of the rule of law, oversight on presidential eavesdropping, and safeguards on government spying. They swatted away the GOP's fear-mongering claims with the dismissive contempt such tactics deserve, rejecting the principle that has predominated political debate in this country since 9/11: that the threat of the Terrorists means we must live under the rule of an omnipotent President and a dismantled constitutional framework."

    Read more of this story at Slashdot.

    Hospitals Should Tread Carefully On Hygiene Monitors

    Researchers have invented a device (via the Raw Feed) to remind hospital workers to wash their hands between patients. Bad hygiene is a serious problem in hospitals, because diseases can be spread from patient to patient. Unfortunately, doctors and nurses are often in a hurry and forget to wash up. The device tries to increase washing rates by installing infrared sensors over patient beds. When a health care worker comes near a patient, the system will try to detect whether the health care worker has washed his hands since seeing the last patient, and beeps if he has not. It's a clever idea, but it seems to have a few problems. For one thing, it sounds like it only detects when a worker has disinfected using special alcohol dispensers included with the system. A soap and water washing doesn't count, as far as the system is concerned. It also can't detect if a health care worker has gone near a patient but not touched him or her. The big problem such a system would face is having health care workers view it as an annoyance rather than an asset. If the system frequently beeped at them when they weren't doing anything wrong, they might start ignoring or even trying to disable it.

    I think the key to making it work would be to make sure hospital workers view it as a helpful way to improve their own performance rather than a way of nagging them or penalizing them when they forget to wash their hands. Wearing the things would be irritating enough without having to worry about getting disciplined when the system made a mistake. One good approach might be to allow workers to disable the beeping feature, but continue collecting data about hand-washing rates. Even if the data weren't perfect, it would be good enough to collect data on hygiene rates in different parts of the hospital. Those parts that showed lower-than-average hygiene could receive additional training.

    Timothy Lee is an expert at the Techdirt Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.



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    Links for 03/14/2008

    Apple's iPhone developer rejection letter. What this Tweet points to.

    Obama is live on Countdown tonight. What this Tweet points to.

    Hobbyists Create GPLed DIY Super TV Antenna

    Freshly Exhumed writes "Retired and hobbyist antenna engineers working together in the Digital Home forums have taken an obscure 1950s UHF TV antenna called the Hoverman [PDF] and subjected the design to modern software-based computer modeling in hopes of optimizing its middling performance. The result: the new Gray-Hoverman antenna is more powerful than similar commercially manufactured consumer antennas in every category, sometimes by whopping amounts. Best thing yet: they've released the design, diagrams, and schematics under the GPLv3 so that we can roll our own! Quoth one of the testers, a former U.S. Government antenna engineer: 'Boy, this antenna is hot... This antenna is a vast, and I mean REALLY VAST improvement over anything I have used.' The home thread of the Gray-Hoverman development gives the background of their great work."

    Read more of this story at Slashdot.

    Comcast Sues The FCC Over Telco Favoritism

    We've been pointing out that the Kevin Martin and the FCC's opinion on certain subjects seems to change over the same issue depending on whether the issue deals with cable companies or telcos. For Martin, it seems the telcos can do no wrong, and the cable co's can do no right. Comcast has finally had enough and has sued the FCC over the questionable 30% cap that Martin proposed last year soon after granting yet another huge telco merger. Even worse, the 30% cap seems to have been based on questionable data and without any reasonable justification. It seems punitive more than anything else. Comcast is hoping that Martin will now have to explain himself in court.