Facebook’s E-mail Censorship is Legally Dubious, Experts Say

When The Pirate Bay released new Facebook features last month, the popular social networking site took evasive action, blocking its members from distributing file-sharing links through its service.

Now legal experts say Facebook may have gone too far, blocking not only links to torrents published publicly on member profile pages, but also examining private messages that might contain them, and blocking those as well.

“This raises serious questions about whether Facebook is in compliance with federal wiretapping law,” said Kevin Bankston, a lawyer with the Electronic Frontier Foundation, responding to questions from a reporter about the little-noticed policy that was first reported by TorrentFreak.

Facebook private messages are governed by the Electronic Communications Privacy Act, which forbids communications providers from intercepting user messages, barring limited exceptions for security and valid legal orders.

While the sniffing of e-mails is not unknown — it’s how Google serves up targeted ads in Gmail and how Yahoo filters out viruses, for example — the notion that a legitimate e-mail would be not be delivered based on its content is extraordinary.

Facebook chief privacy officer Chris Kelly acknowledged that the site censors user messages based on links. But he insisted that Facebook has the legal right to do so, because it tells users they cannot “disseminate spammy, illegal, threatening or harassing content.”

“Just as many e-mail services do scanning to divert or block spam, prevent fraudulent, unlawful or abusive use of the service — or in the case of some services, to deliver targeted advertising — Facebook has automated systems that have the capability to block links,” Kelly said in an e-mail. “ECPA expressly allows Facebook to operate these systems.”

“The same automated system that blocks these links may also be deployed where there is a demonstrated disregard for intellectual property rights,” he added.

Facebook declined to answer questions about whether it similarly searched private messages for references to illegal drugs, underage drinking or shoplifting.

EFF lawyers suggested that the legality of Facebook’s censorship turns on Facebook’s Terms of Service, how and when the blocking takes place, and whether the messaging system affects interstate commerce (thus giving the federal government jurisdiction).

It’s not clear, however, how links to torrents are spammy, harassing or illegal. Torrents themselves are not copyright-infringing, nor would Facebook be liable for their users’ communications under federal law even if the files were infringing.

Wired.com confirmed Facebook is blocking private messages by sending a link to a Pirate Bay torrent feed of a book in the public domain. Such content is freely available to everyone, as all copyrights have expired. Nevertheless, the message bounced twice, returning the following failure notice: “This Message Contains Blocked Content. Some content in this message has been reported as abusive by Facebook users.” (Facebook’s link-censoring system is may be just tilting at windmills, however, because removing a single vowel from the domain name lets the URL go through.)

In the case of Wired.com’s test, there were only two Facebook users who should have been aware of the content — Wired.com editor John C. Abell and his message’s intended recipient, who was sitting five feet from him — and neither had the slightest objection to it whatsoever.

The EFF’s Bankston suggests that the real answer to the legal confusion over what providers can and cannot do with users’ online communications needs to come from federal lawmakers, who authored the statutes about e-mail privacy in the 1980s when the technology was much different.

“It is often unclear whether or how these Web 2.0 companies are covered by federal electronic privacy statutes, and that’s why Congress needs to update and revisit the law,” he said.

News Corp. Says MySpace Founder DeWolfe to Step Down

MySpace co-founder Chris DeWolfe will step down as chief executive officer of the social- networking Web site after falling behind rival Facebook Inc.

A replacement wasn’t named. DeWolfe will remain an adviser, Jonathan Miller, the top digital officer for parent News Corp., said today in a statement. MySpace President Tom Anderson is in talks with Miller about a new role.

DeWolfe co-founded MySpace with Anderson in 2003 and ran the ad-supported company for almost four years under Rupert Murdoch’s News Corp. Former Facebook Chief Operating Officer Owen Van Natta is likely to replace DeWolfe, the Wall Street Journal’s All Things D Web site reported today. Facebook passed MySpace as the top social-networking site last year.

“I don’t think advertising growth has reached their initial expectations,” said Michael Morris, a New York-based analyst with UBS AG. He rates News Corp. stock “neutral” and doesn’t own it. “The initial hopes of the business probably haven’t been realized.”

A new management structure will be announced in the “near future,” Miller said in the statement.

News Corp. rose 2 cents to $7.78 in New York Stock Exchange composite trading. The shares have fallen 14 percent this year.

Murdoch hired Miller, a former AOL executive, to oversee News Corp.’s digital business. The April 1 appointment was part of a reorganization to prepare for the departure of President Peter Chernin, the company’s second-in-command.

French Lawmakers Reject Internet Piracy Bill

French legislators on Thursday rejected legislation to permit cutting off the Internet connections of people who illegally download music and films. But a stubborn government plans to resurrect the bill for another vote this month.

Backers of the bill -- record labels, film companies and law-and-order parliamentarians -- couldn't rally the needed support during in a near empty lower chamber ahead of the Easter holiday. Lawmakers voted 21 to 15 against it.

The measure would have created a government agency to track and punish those who pirate music and film on the Internet. Analysts said the law would have helped boost ever-shrinking profits in the entertainment industry, which has struggled with the advent of online file-sharing that lets people swap music files without paying.

The government, intent on gaining the upper hand in piracy, managed to slip the measure into an April 28 special session devoted to initiatives by President Nicolas Sarkozy's conservative UMP party.

The president's office reaffirmed Sarkozy's wish to get the law passed "as quickly as possible."

He "does not plan to renounce this whatever the maneuvers" to try to stop the bill's passage, a statement said.

Music labels, film distributors and artists -- who have seen CD and DVD sales in France plummet 60 percent in the past six years -- almost universally supported the measure, hailing it as a decisive step toward eliminating online piracy and an example to other governments. Artists' groups in France have said the future of the country's music and film industries depends on cracking down on illegal downloads, and the legislation received industry support from around the world.

"It is disappointing that the law was not confirmed today," said London-based John Kennedy, Chairman and CEO of the International Federation of the Phonographic Industry, which represents the recording industry worldwide and supported the bill.

Legislators and activists who opposed the legislation said it would represent a Big Brother intrusion on civil liberties -- they called it "liberticide" -- while the European Parliament last month adopted a nonbinding resolution that defines Internet access as an untouchable "fundamental freedom."

Opponents also pointed out that users downloading from public WiFi hotspots or using masked IP addresses might be impossible to trace. Others called its proposed monitoring structures unrealistic.

"It is a bad response to a false problem," said Jeremie Zimmerman, coordinator of the Quadrature du Net, a Paris-based Internet activist group that opposed the bill, calling it "completely impossible to apply."

He said the bill's rejection is proof of a widespread sense that it was a draconian approach.

Under the legislation, users would receive e-mail warnings for their first two identified offenses, a certified letter for the next, and would have their Web connection severed, for as long as one year, for any subsequent illegal downloads.

French Culture Minister Christine Albanel had said the bill did not aim to "completely eradicate" illegal downloads but rather to "contribute to a raising of consciousness" among offenders.

"There needs to be an experiment," said Pierre-Yves Gautier, an Internet law expert at the University of Paris, noting the plummeting profits of the entertainment industry. "Frankly, it's worth it."

Electricity Grid in U.S. Penetrated By Spies

Not terrorists, but spies from Russia and China........

Cyberspies have penetrated the U.S. electrical grid and left behind software programs that could be used to disrupt the system, according to current and former national-security officials.

The spies came from China, Russia and other countries, these officials said, and were believed to be on a mission to navigate the U.S. electrical system and its controls. The intruders haven't sought to damage the power grid or other key infrastructure, but officials warned they could try during a crisis or war.

"The Chinese have attempted to map our infrastructure, such as the electrical grid," said a senior intelligence official. "So have the Russians."

The espionage appeared pervasive across the U.S. and doesn't target a particular company or region, said a former Department of Homeland Security official. "There are intrusions, and they are growing," the former official said, referring to electrical systems. "There were a lot last year."

Can MySpace Get You Arrested

A Recession Is Great For Freelance Work

Always thought about freelance work but have not found the right time? Well, if we are faced with a recession, experience shows that a recession can be a good time to be a freelancer.

Many larger companies and organizations lay off full-time employees and contract the work out to freelance professionals. It's cheaper for the some companies because they don't have to pay related benefits or long-term employment issues.

How do you get started? You don't need to even quit your full-time job. Becoming a part-time freelance professional has never been easier. Then, if you decide you have enough work and want to switch to full-time later...you can. Some people just stay part-time and enjoy the extra income.

In order to get started, the first step is finding a good freelance community like GoFreelance and search for work that may be of interest to you. There are many different freelance communities with thousands of different jobs available. You will just have to find the one that fits your interests and goals.

Once you have found work that you are interested in, you will either apply or bid on the available work. You may not be chosen for every assignment, but with so many available, you are certain to find just the right work for you.

Then you work with employers, complete your assignments, and receive payment.

As you complete more and more work, you will earn a reputation as a freelance professional...so if a recession hits, they will pick you as their worker of choice.

Are You Wired for Tomorrow?

How Much Will President Obama Embrace Internet?

Obama's Change Begins with Transition Web Site

President-elect Obama's got a new Web site, www.change.gov, that gives people a chance to say what they think his priorities should be, track the transition to his new administration, tell their personal stories and even apply for federal jobs.

The site — a down payment on Obama's pledge to create a more "transparent and connected government" — still has lots of white spaces and promises of future features.

But it gives viewers lots more details about the government's workings and more opportunities for input than the Bush administration's site, dominated by first dog Barney.

"It's a site in its infancy, but it's a nice start," said Alan Rosenblatt, an online advocacy specialist at the Center for American Progress Action Fund in Washington.

A video of Obama's victory speech is the home page's dominant feature. Inside are a promised new blog and lots of Obama issue positions.

"He plainly wants to reach out to people directly, and this technology allows him to bypass the press and reach them," said Darrell West, director of Governance Studies at the Brookings Institution, a center-left Washington think tank.

Huffington Post Beats Drudge

Democrats are winning in the polls — and also online.

Liberal political blogs are proving to be big beneficiaries of the election news cycle. According to a report from Pew Research Center, 43% of liberals say they’ve read political blogs while thinking about the horse race, compared with 22% of conservatives. The study was conducted last week among 2,599 registered voters and found that blog readership across the political spectrum was 27%.

That’s good news for top liberal blog HuffingtonPost, whose September 2008 traffic more than quintupled from September 2007 to 4.5 million uniques, based on data from comScore.

It leapfrogged Drudge Report, which had 2.1 million unique visits, up 70% from a year ago. (Matt was far ahead of Arianna last year, with 1.2 million unique visits to 792,000, respectively.)

The biggest jump was Talking Points Memo, which got its start during the Florida recount in 2000. It saw traffic soar from 32,000 uniques to 458,000, a more than tenfold increase. Daily Kos quadrupled to 923,000.

But conservative sites also climbed, particularly RedState, which grew sixfold to 235,000 unique visits. Traffic to Townhall.com and Michelle Malkin’s blog doubled.

Sites in the middle include Politico, which launched early last year, and RealClearPolitics. They too saw big increases in traffic, ending September with 2.4 million and 1.1 million unique visits, respectively.

Comcast to Roll Out Faster Internet Speeds

Comcast Corp. (CMCSA) (CMCSA) on Wednesday said it will begin rolling out faster Internet speeds over the next few weeks in selected markets to homes and businesses.

The nation's largest cable operator and residential Internet service provider will offer speeds up to 50 megabits per second, which enables users to download a high-definition movie in 16 minutes and a standard definition movie in 5 minutes.

Most Comcast customers will double their speeds for free.

The service will be available in parts of New England, including the Boston area and southern New Hampshire, as well as in portions of Philadelphia, New Jersey and the Twin Cities in Minnesota. Over the next few months, Comcast expects to roll it out to over 10 major markets.

For residential users, Comcast's new 'Extreme 50' tier, including up to 10 Mbps upstream service, will cost $139.95 a month. For businesses, it will cost $189.95 monthly, including extra features and support.

The 'Ultra' plan for individuals will offer speeds up to 22 Mbps for downloading and up to 5 upstream for $62.95 a month. The business "premium" tier will offer the same speeds for $99.95 a month.

To get the new Internet plans, individuals must also subscribe to Comcast's cable TV service.

Global Spam Operation Shut Down

Google Launches Blog Tracking Service

Google has launched an enhanced blog tracking service that helps people mine a growing mountain of online commentary for gems worth reading.

The Google Blog Search tool rolled out this week competes with Techmeme, Polymeme, Wikio and other "memetrackers" that sort and organize blog posts into categories.

"Did you know that millions of bloggers around the world write new posts each week?" Google product manager Michael Cohen wrote in an Internet posting of his own.

"We're pleased to launch a new homepage for Google Blog Search so that you too can browse and discover the most interesting stories in the blogosphere."

The Northern California company applied technology from its Google News website to separate blog postings into clusters based on topics, stories or events.

A lead category Friday morning at Google Blog Search was the debate that occurred the previous evening between US vice presidential contenders Joe Biden and Sarah Palin.

An icon with a picture of the political rivals indicated that 1,620 blogs were compiled in the category during the previous 19 hours.

The lead item was a Huffington Post piece saying ex-officials from the administration of US President George W. Bush believe Biden won the verbal duel with Palin.

"Grouping them in clusters lets you see the best posts on a story or get a variety of perspectives," Cohen said in his online message.

"When you look within a cluster, you'll find a collection of the most interesting and recent posts on the topic, along with a timeline graph that shows you how the story is gaining momentum in the blogosphere."

Apple Threatens iTunes Shutdown Over Royalty Dispute

Apple has threatened to shut down the iTunes music store if an obscure three-person board appointed by the Librarian of Congress increase the royalties paid to publishers and songwriters by six cents per song.

The Copyright Royalty Board is scheduled to hand down its decision on these rates by Thursday. As part of their general muscle-flexing of late, music publishers asked the board to increase the royalties paid to publishers and songwriters for the sale of digital downloads from 9 cents to 15 cents per song.

Apple -- which has mightily resisted tampering in any way with its 99 cent price point for tracks -- said that if the rate hike goes through and the labels refuse to absorb the entire resulting increase, the iTunes music store will become unprofitable.

And, Apple says, it likes making money.

"If the [iTunes music store] was forced to absorb any increase in the... royalty rate, the result would be to significantly increase the likelihood of the store operating at a financial loss -- which is no alternative at all," wrote Apple iTunes vice president Eddy Cue in a statement filed with the board last year, according to Fortune. "Apple has repeatedly made it clear that it is in this business to make money, and most likely would not continue to operate [the iTunes music store] if it were no longer possible to do so profitably."

Out of each 99 cent song, Apple currently pays artists and labels an estimated 65 to 70 cents per song, 9 cents of which they currently pass on to publishers. According to Apple, the 66 percent increase in publishing royalties to 15 cents per song requested by the National Association of Music Publishers (NMPA) is too much for the company to bear.

Of course, Apple could simply tack the extra six cents onto the price of each song in its store and make up the difference that way. But part of iTunes' longstanding allure is that every track costs 99 cents (with the exception of DRM-free tracks in the iTunes Plus previous to October '07).

Steve Jobs is unlikely to raise the standard track price on iTunes to $1.05, although that would probably be just fine with the labels, which have been pressuring Apple to budge on its 99 cents per track policy for years by allowing Amazon to sell DRM-free albums that they insist be wrapped in DRM when iTunes sells them, among other things. Despite this pressure, Jobs has refused to relent, continuing to insist on the 99 cent flat pricing structure. It's hard to believe that Apple would close iTunes rather than raise prices, but that's exactly what iTunes vice president Cue threatened to do.

Prospects for the record labels absorbing the entire increase are dim. They're not trying to do Apple any favors when it comes to keeping the price of songs at 99 cents, and a 15 cents per song publishing royalty would gobble over 20 percent of their per-song revenue. Apple will almost certainly have to pony up some of any additional fees, meaning that it'll either have to raise prices, run the store at a loss or stop selling music altogether. According to Cue's statement to the board, Apple prefers the third option.

Apple and the NMPA had no comment.

The Copyright Royalty Board, pictured above, is set to announce its ruling on digital publishing royalties for the first time ever by Thursday. Previously, digital downloads had operated under the same rate that governed the sale of physical albums. In addition, the board will set new publishing royalty rates for physical albums and ringtones. The new rates will be in effect for the next five years. The previous rate of nine cents per track has been in effect since '96 (updated) -- one reason publishers say it's high time for an increase.

Grid of 100,000 Computers Heralds New Internet Dawn

A network of 100,000 computers providing the greatest data processing capacity yet unleashed has been created to cope with information pouring from the world’s largest machine.

The Grid is the latest evolution of the internet and the world wide web and computer scientists will announce on Friday that it is ready to be connected to the Large Hadron Collider (LHC).

It is designed for schemes where huge quantities of data need crunching, such as large research and engineering projects. The Grid has the kind of power required to download movies in seconds, and the ability to make high-definition video phone calls for the same price as a local call. More importantly, it should help to narrow the search for cures for diseases. However, it is unlikely to be directly available to most internet users until telecoms providers build the fibre-optic network required to use it.

The Grid allows scientists at CERN, the European Organisation for Nuclear Research, to get access to the unemployed processing power of thousands of computers in 33 countries to deal with the data created by the LHC.

Scientists at CERN, where the world wide web was invented, created the €500 million Grid because they realised that a single computer would not be able to cope with the amount of data the LHC is expected to produce each year – 15 petabytes, or 15 million gigabytes, which would fill 20 million CDs.

They said that it was an extra facility laid on top of the internet, which originally linked computers around the world in the Seventies.

Dr Bob Jones, a CERN scientist, said: “The [world wide] web allows you to access information on other computers. What the Grid allows you to do is not only access the information, but make use of their computing resources and power.”

He likened it to the National Grid. Users would be able to tap into massive amounts of processing power, but the source of the power would change, depending on availability.

Processing tasks will be distributed between 11 gateway computer centres in ten countries, including Britain, which will share them out between more than 140 sites.

One of the first jobs the Grid will tackle is handling the raw data for CERN’s experiments into finding proof of the Higgs boson, the so-called God particle.

Its uses, however, extend well beyond particle physics and it has already been used on a smaller scale in research into diseases such as malaria and bird flu. “The Grid cannot find a cure for cancer, but what it can do is make it quicker,” said Dr Jones, explaining that what might have taken a decade could now be done in weeks.

David Britton, Professor of Physics at Glasgow University and a leading figure in the Grid project, said: “The old traditional way to find cures for diseases is that you would go to the lab and try mixing various drugs and see how they work.”

With the Grid, he said, scientists could run hundreds of thousands of simulations to create a shortlist of the drugs that are most likely to offer the potential for a cure. Researchers can then get to work testing the drugs singled out as promising.

The Grid has also already been used to save lives in the immediate aftermath of earthquakes. Using the seismic data, scientists can use the Grid for simulations that pinpoint which areas are most affected, allowing rescue teams to direct their efforts where they are most needed.

Many believe the world wide web and the internet are the same thing, but the internet is actually a massive network of networks, which connects millions of computers together globally, and the web is an information-sharing model built on top of the internet, which allows information to be accessed over the medium of the internet.

Father of the Internet: 'Web is Running Out of Addresses'

The world is about to run out of the internet addresses that allow computers to identify each other and communicate, the man who invented the system has told The Times.

Vint Cerf, the “father of the internet” and one of the world’s leading computer scientists, said that businesses and consumers needed to act now to switch to the next generation of net addresses. Unless preparations were made now, he said, some computers might not be able to go online and the connectivity of the internet might be damaged.

Mr Cerf said that internet service providers in particular needed to prepare and that time was running out for a smooth transition.

Every computer and online device is assigned a unique IP address, but the pool of unallocated numbers is about to dry up.

“This is like the internet running out of telephone numbers and with no new numbers, you can’t have more subscribers,” he said.

When Mr Cerf and others founded the internet system in 1977, he set in place "internet protocol version four" (IPv4) which provided 4.2 billion addresses. With the number of internet-enabled devices, particularly mobile phones, soaring, less than 14 per cent of those addresses remain vacant.

It is estimated that IPv4 addresses, each of which is a series of 32 binary digits, will run out in 2010 and possibly as early as next year.

A new system, called IPv6, has been ready for implementation for more than a decade.

Under IPv6, each address has 128 bits and so provides 340 trillion, trillion, trillion different addresses - that is 340,000,000,000,000,000,000,000,000,000,000,000,000. It is assumed that this will meet humanity’s needs for decades to come.

The two protocol systems will run in tandem and IPv4 addresses will still work as normal. But if the IPv6 is not widely adopted, then those using it may find themselves unable to connect across the whole internet.

The Organisation for Economic Co-operation and Development has warned that shifting to the new addressing scheme was “critical for the future of the internet economy” and was likely to affect “all businesses that require IP addresses for their growth".

It has urged governments to mount extensive education campaigns and encourage its adoption by specifying it in tenders for work.

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