Techdirt

While the repeated freak outs over TikTok tend to be bipartisan, they’re often motivated by different things. The Trumpist right generally doesn’t like TikTok because Chinese people made a product that’s better and more successful than U.S. tech platforms (the latter point being obvious if you spend thirty seconds comparing the Facebook/Instagram and TikTok video […]

There may be many good reasons to ban Russian state-sponsored media propaganda from a site or a pay TV service. But there is definitely one very bad reason to: because random governments ask you to. And, yet, that’s exactly what Meta/Facebook has done. Former UK politician Nick Clegg, who was recently promoted into the top […]

Start honing your programming skills with the Complete 2022 Python Programmer Bundle. Blending practical work with solid theoretical training, this bundle takes you from the basics of Python Programming to mastery, giving you the training you need not just to create software programs, scrape websites, and build automation, but also to give you the foundational […]

Spotify — the world’s most popular music streaming service — has hitched its wagon to Joe Rogan, a former comedian and reality TV host whose particular take on world events involves him inviting highly controversial guests onto his podcast and then just muttering “that’s wild” when they invoke insane conspiracy theories. Rogan has drawn heat […]

Domain registrar Namecheap announced this week that the company would no longer be doing business with customers registered in Russia. In an email notification sent to customers, that I’ve confirmed as genuine with the company, it recommends that any Russia-based customers of its domain hosting, email, and other services find a new registrar by March […]

Automated enforcement may ease the burden on law enforcement agencies and direct more officers towards serious crime, but nearly every device given that job has tended to perform poorly. Red light and speed enforcement cameras often get things wrong while simultaneously depriving falsely accused drivers of the opportunity to confront their accusers. And, because cities […]

DirecTV has announced that the company will be removing Russian government-backed news outlet RT from the company’s satellite TV lineup in the wake of the Russian invasion of Ukraine. According to a company statement, DirecTV was already contemplating ditching RT and other channels from the company’s lineup in a bid to lower costs, and simply […]

Much of the world is, correctly, standing up against Russia following its despicable invasion of Ukraine as part of Vladimir Putin’s power-mad fever dream. And in response there are lots of questions about how different companies are looking to punish, sanction, or limit Russian access to goods and services. Some of the ideas make sense. […]

People feeling ways about stuff continue to file stupid lawsuits against all and sundry because, well, we have a pretty open court system (which is good!) and not enough lawyers willing to tell people their stupid lawsuits are unwinnable (not great!). [For everything else, there’s pro se.] This completely foreseen ending at the hands of […]

For not the first time, John Oliver is taking on topics we often cover at Techdirt, and doing a fantastic job of it. His latest show went deep on just how screwed up laws and law enforcement about sex work are, including a specific look at FOSTA. The whole video is worth watching, and discusses […]

The Ultimate Microsoft Excel Training Bundle has 6 courses to help you learn everything you need to know about working with Excel. You’ll learn how to build a household budget, how to work with Macros and VBA, how to use Pivot Tables, and much more. The bundle is on sale for $34. Note: The Techdirt […]

Here comes The Motherland, insisting that no one allow anything to undermine its “LET’S INVADE UKRAINE” narrative. Russia, which has never taken a hands-off approach to content moderation, is demanding US companies stop fucking with its plans for world domination. Here’s Patrick Tucker with the details for Defense One. The Russian government took steps Friday […]

We’ve long discussed how if you really want to understand how the highly monopolistic U.S. broadband industry really works, you should look at regional phone monopoly Frontier Communications. Especially in states like West Virginia, where the company has spent decades lagging on fundamental fiber upgrades, or DSL and phone repairs under a regime of regulatory […]

It’s nothing new that video games are getting realistic enough at this point that some out there will use it and pass that footage off as things happening in real life. A rather innocuous example of this would be a real estate developer using images from a city-building game in a brochure, for instance. On […]

I have heard rumors from multiple quarters that President Biden might mention Section 230 in tonight’s State of the Union speech, and I cannot think of any reason he should, unless it is to venerate it. Because it is only through the existence of Section 230 that we, or the world, stand a chance against […]

Nearly three years ago, we were joined by Professor Jeff Kosseff to discuss his then-new book about Section 230, The Twenty-Six Words That Created The Internet. Now, Jeff has a new book coming out, about another internet issue that is deeply misunderstood by many people: anonymity. The United States Of Anonymous releases in two weeks, […]

Several days into Russia’s attack on Ukraine, we are already witnessing astonishing stories play out online. Social media platforms, after years of Techlash, are once again in the center of a historic event, as it unfolds. Different tech issues are still evolving, but for now, here are the key themes. Information overload The combination of […]

Remote test-taking spyware company Proctorio has spent months turning itself into an internet villain. It all started when student and security researcher Erik Johnson decided to take a look at the inner workings of Proctorio’s spyware, noting that it tracked everything from eye movement to mouse movement (with plenty in between) in apparent hopes of […]

AppMySite is a no-code DIY mobile app builder that delivers premium native mobile apps, in real-time, without writing a single line of code. Our product enables website owners, freelancers, and digital agencies to create customizable and affordable apps for Android & iOS. All mobile apps created are optimized for performance and built for publishing on […]

I’ve heard some truly bizarre attacks on Section 230, but Senator James Lankford from Oklahoma has taken it all to a new level of nonsense. The already Trumpian Senator is apparently facing a primary from someone even Trumpier, which perhaps contributes to whatever brain damage caused him to tweet a bunch of total nonsense over […]

U.S. infrastructure policy is treated as annoying and boring… until a crisis hits and suddenly everybody cares. As millions of Texans found out last year when the state’s energy infrastructure crumbled like a rotten old house under the weight of heating energy demands, leaving millions without power during a major cold snap. While the state […]

There’s a good reason we have strict standards for warrant requests — ones that requires plenty of probable cause and factual statements. Because if we didn’t have that, people would literally die when officers raid the wrong house or point guns at the wrong person. Innocent people would end up in jail and people’s rights […]

We’ve pointed out before that we’re generally bad at regulating privacy because we don’t understand privacy. All of the regulations around privacy seem to treat a set of information as “special” that must be locked up and hidden. However, as we’ve pointed out over and over again, privacy is actually a set of trade-offs, and […]

We’ve pointed out before that we’re generally bad at regulating privacy because we don’t understand privacy. All of the regulations around privacy seem to treat a set of information as “special” that must be locked up and hidden. However, as we’ve pointed out over and over again, privacy is actually a set of trade-offs, and […]

We all know the term “football,” but our definitions vary greatly. For those in the United States, it’s a sport that delivers beer ads and concussions with similar frequency. For most of the rest of the world, it’s a sport that delivers riots and tie scores with similar frequency. In Australia, the definition doesn’t necessarily […]

We all know the term “football,” but our definitions vary greatly. For those in the United States, it’s a sport that delivers beer ads and concussions with similar frequency. For most of the rest of the world, it’s a sport that delivers riots and tie scores with similar frequency. In Australia, the definition doesn’t necessarily […]

Like many of you, I’m sure, I’ve spent the past week following the news of Russia’s invasion of Ukraine and feeling mostly helpless about such tragic events. On the other hand, Disney wants you to remember the real tragedy happening here: how this invasion might negatively impact its profits. As Jamie Love points out on Twitter, Disney Music […]

If any take has been evergreen over the past few decades, it’s that video games are the source of all the problems with the youth these days. If you want to take that further, you can boil it down to, “that thing kids enjoy but I didn’t grow up with is the reason why everything […]

If any take has been evergreen over the past few decades, it’s that video games are the source of all the problems with the youth these days. If you want to take that further, you can boil it down to, “that thing kids enjoy but I didn’t grow up with is the reason why everything […]

Learn Spanish, French, Italian, German, and many more languages with Babbel, the top-grossing language-learning app in the world. Developed by over 100 expert linguists, Babbel is helping millions of people speak and understand a new language quickly, and with confidence. After just one month, you will be able to speak confidently about practical topics, such […]

We already have enough problems with the no-fly lists we already have. No due process. No effective way to challenge placement on the list. No real oversight of the means and methods used to “nominate” Americans and visiting foreigners into flightlessness. So why in the name of all that is holy are airlines and, yes, […]

We already have enough problems with the no-fly lists we already have. No due process. No effective way to challenge placement on the list. No real oversight of the means and methods used to “nominate” Americans and visiting foreigners into flightlessness. So why in the name of all that is holy are airlines and, yes, […]

As usual, the “smart” home isn’t always all that smart, and dumber technology can often be the best option. That’s certainly true in the smart lock realm, where studies repeatedly have shown that many major smart lock brands are easily compromised. The same has reportedly been proven to be of most other “smart” devices, whether […]

As usual, the “smart” home isn’t always all that smart, and dumber technology can often be the best option. That’s certainly true in the smart lock realm, where studies repeatedly have shown that many major smart lock brands are easily compromised. The same has reportedly been proven to be of most other “smart” devices, whether […]

On Friday, we announced that we were beginning Techdirt’s migration to a new platform – and now that migration is complete! Though you’ll only see some changes on the public-facing site (especially in the comments section) we’re now running on an all-new WordPress back end. There is still a small handful of known bugs and […]

Almost since its inception, Techdirt has been run on a custom content management system that we've built, expanded, and maintained ourselves. Once upon a time this had its advantages, but lately it's been an obstacle to developing the new features and improvements we'd like to add for our readers. So for the past two years we've been working on a huge project: migrating the entire site, and its history of over 75,000 posts and millions of comments, to WordPress — and now we're ready to make the switch. We've worked hard to ensure the transition is as seamless as possible, but there will be a few changes, and those of you with accounts will need to reset your passwords. This post outlines what's going to happen during the transition this weekend, and what you can expect to see when the site changes some time this Sunday evening.First of all, a note about what this is not: it's not a Techdirt redesign. For the time being, the changes are primarily on the back-end and the site will look and work just the way it does now with only a few exceptions, the biggest of which is a significant overhaul and upgrade to the comments section. That's the one part of the site that will look quite different, and work much better: it can now handle deeply-nested threads without becoming unreadable, and there's a handy new tool for navigating lengthy comment sections. All the features you're used to, like Funny/Insightful voting, reporting, and First Word/Last Word will continue to work just as they do now.Another important note is that all posts and comments are being retained, and all old post URLs will continue to work. It was extremely important to us that we not lose any content, or break any links — even though the URL structure for posts is changing, old links will continue to work just fine and be redirected to the appropriate page.And, of course, all user accounts and membership subscriptions are being retained as well. However, as noted, all users will have to reset their passwords before logging in to the new system. It's also possible that you might have to reset your display name, profile picture, and account preferences, though we've tried to ensure that these things are all properly copied as well. We'll make sure there's a prominent notice on Techdirt reminding you once the switch is complete.Amidst all this, there will likely be some unforeseen hiccups. We'll have prominent links to our contact form, and a special feedback category for issues with the website migration, for you to report any problems with your own account or the site in general. This is a massive migration and we're hopeful that problems will be minimal, but please bear with us as we work to fix anything that does go wrong!As for the migration itself, shortly after this post we'll be locking down Techdirt for a few days — you'll still be able to read and navigate the site, but you won't be able to submit comments or create new accounts, and any comment votes or changes to user preferences will not be saved. We also won't be publishing the normal weekend posts. New membership subscription purchases will still be accepted and recorded, but won't be activated until Monday when the new site is live.We're extremely excited to be finally making this change — it makes Techdirt much more manageable and maintainable for our small team, and lays the foundation for the site to improve and grow in the future. Stay tuned for another announcement when the new site is live, and thanks in advance to all our readers for your patience and support as we complete this migration.

The Phoenix Police Department wants drones and it wants them now. And, according to this report by the Phoenix New Times, it's going to get them.

A whole bunch of people wasted Tuesday talking about technical measures. What technical measures, you might ask? The ones vaguely alluded to in the DMCA. Subsection 512(i) conditions the safe harbors on platforms (more formally called "Online Service Providers," or OSPs, for the purposes of the DMCA) "accommodat[ing] and [...] not interfer[ing] with standard technical measures." The statute goes on to describe them in general terms as "technical measures [...] used by copyright owners to identify and protect copyrighted works" that meet a few other criteria, including that they don’t unduly burden OSPs.In 1998 when the DMCA was passed no technical measures met all the criteria. And, still, today, none do either. So it should have been a very short hearing. But it wasn’t. Instead we spent all day, plus lots of time earlier filing comments, all at the instigation of Senators Tillis and Leahy, having some people point out that no technical measure currently existing can meet this statutory criteria to help police for infringement without massive, unacceptable cost to OSPs and the expression – including copyrightable expression – they facilitate, and having other people instead stamp their feet and hold their breath, pretend up is down, left is right, and the world is flat, in order to declare that some somehow do anyway and that platforms should incur any cost necessary to deploy them.And as for which technical measures we were talking about… we never really got there. There were references to fingerprinting technologies, like ContentID, the huge, expensive, and perpetually inaccurate system Google uses to identify potentially infringing files. There were references to watermarking systems, which some (like us) noted create significant surveillance concerns as people’s consumption of expression is now especially trackable. And there were references to upload filters as well, like the EU keeps wanting to mandate. But at no point was any specific technology ever identified so we could assess the benefits and harms of even encouraging, much less mandating, its broader use. We just all sort of nodded knowingly at each other, as if we all shared some unspoken knowledge of some technology that could somehow magically work this unprecedented miracle to make all rightsholders perfectly happy while not crushing OSPs’ abilities to continue to facilitate expression, create market opportunities for creators, and connect creators to audiences. Nor outright crush lawful expression itself as so many of these systems are already doing. When, of course, no such technology currently exists, nor is likely to exist any time soon, if ever at all.Since the Copia Institute participated in this exercise in futility, we used the opportunity to remind everyone – and the record – in our comment and testimony that the entire conversation was happening in the shadow of the Constitution. For instance, while a system of safe harbors for OSPs is not inherently in tension with the First Amendment – indeed, protecting the platforms that facilitate Internet expression is a critical statutory tool for advancing First Amendment interests online – recent interpretations of the statutory language of Section 512 have been increasingly putting this safe harbor system at odds with the constitutional proscription against making a law that would impinge free expression. Any system, be it legal or technical, that causes lawful expression to be removed, or to not be allowed to be expressed at all, deeply offends the First Amendment. Such harm cannot and should not be tolerated in any statute or policy promulgated by the Copyright Office. The regulatory priority therefore ought to be, and must be, to abate this constitutional injury that’s already been occurring and keep it from accruing further. And under no circumstances should any provision of Section 512, including and especially the technical measures provision, be amended or interpreted in a way that increases the frequency or severity of this constitutional harm that the statute has already invited.Because it also offends the spirit if not letter of the Progress Clause animating copyright law. You cannot foster creative expression by creating a system of censorship that in any way injures the public’s ability to express themselves or to consume others’ expression. So it is critically important to recognize how any technological measure might do that, because it will only hurt the creative expression copyright law is itself supposed to foster, as well as all the public benefit it’s supposed to deliver.

The story of Missouri's Department of Elementary and Secondary Education (DESE) leaking the Social Security Numbers of hundreds of thousands of current and former teachers and administrators could have been a relatively small story of yet another botched government technology implementation -- there are plenty of those every year. But then Missouri Governor Mike Parson insisted that the reporter who reported on the flaw was a hacker and demanded he be prosecuted. After a months' long investigation, prosecutors declined to press charges, but Parson doubled down and insisted that he would "protect state data and prevent unauthorized hacks."You had to figure another shoe was going to drop and here it is. As Brian Krebs notes, it has now come out that it was actually the Governor's own IT team that was in charge of the website that leaked the data. That is, even though it was the DESE website, that was controlled by the Governor's own IT team. This is from the now released Missouri Highway Patrol investigation document. As Krebs summarizes:

UPDATE: If you’re reading this, you’re looking at the new Techdirt! If you have an account, you will need to reset your password before logging in. You may experience some bugs and slow performance for the next several hours while we complete the migration. Contact us if you notice any major issues. Almost since its […]

As so-called "conservatives" (a decently large number of them appearing to actually be white supremacists and bigots engaged in harassment) complained Big Tech was slanted against them, a host of new services arrived to meet the sudden demand. Gab, Gettr, etc. hit the marketplace of ideas, promising freedom from the "censorship" of "liberal" social media platforms, ignoring evidence that indicated "conservatives" weren't actually being "censored," but rather extremists calling themselves "conservatives" were being booted for multiple violations of site policies.New services arrived, promising unabridged speech and a safe space for bigots, transphobes, disgruntled MAGAts, and everyone else who felt oppressed because they frequently went asshole on main. But as soon as these sites debuted, they began moderating all sorts of speech, starting with the clearly illegal and ramping things up to eject trolls and critics.Moderation at scale remains impossible. And it's not much easier when you're dealing with thousands of users rather than millions or billions. Decisions need to be made. While it was clear to see the upstarts were unfamiliar with the moderation issues bigger platforms have struggled with for years, it was also clear to see the upstarts were more than happy to "censor" speech they didn't like, despite claiming to be the last bastions of online free speech."You're free to say whatever you want," platforms like Gab and Gettr proclaimed, muttering asterisks under their breath. You were indeed free to say what you wanted, but that would not prevent your content or your account being banned, deleted, etc.Gettr has experienced the growing pains of platform moderation. This has happened despite its initial guarantees (*offer void pretty much everywhere) that it would only remove illegal content. Porn is not illegal, yet Gettr seemed to have a problem with all the porn being posted by users, perhaps because a majority of it involved animated animals.It also had problems keeping trolls from impersonating the illustrious conservative figures it hoped to host exclusively. Aggressive trolling resulted in Gettr temporarily banning Roger Stone's actual account under the assumption it couldn't possibly be the real Roger Stone. It followed this up a few months later by banning the term "groyper" in an effort to limit the amount of white supremacist content it had to host. This too was somewhat of a failure. First, it told white supremacists their awful (but not illegal) speech wasn't welcome on the "free speech" alternative to Twitter. Then it became apparent the ban on "groyper" could be easily evaded by adding an o or two.Now, there's even more "censorship" to be had at Gettr. One of its financial backers is Guo Wengui, a (former) billionaire and supposed anti-communist who recently filed for bankruptcy. There are reasons to believe Wengui isn't the most trustworthy of online associates. Wengui left China and has spent several years living in a New York City hotel overlooking Central Park. He has applied for asylum but has yet to be granted this request. Despite apparently distancing himself from China, he is still hounded by claims that he's only in the US to obtain information he can deliver to the Chinese government. These allegations were made by Strategic Vision US during a lawsuit over business dealings the company had with Wengui.

Aspiring filmmakers, YouTubers, bloggers, and business owners alike can find something to love about the Complete Video Production Super Bundle. Video content is fast changing from the future marketing tool to the present, and in these 10 courses you'll learn how to make professional videos on any budget. From the absolute basics to the advanced shooting and lighting techniques of the pros, you'll be ready to start making high-quality video content and driving viewers to it in no time. This bundle will teach you how to make amazing videos, whether you use a smartphone, webcam, DSLR, mirrorless, or professional camera. It's on sale for $35.Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

There's been an unfortunate movement in the US over the last few years to try to argue that social media should be considered "common carriers." Mostly this is coming (somewhat ironically) from the Trumpian wing of grifting victims, who are trying to force websites to carry the speech of trolls and extremists claiming, (against all actual evidence) that there's an "anti-conservative bias" in content moderation on various major websites.This leads to things like Ohio's bizarre lawsuit that just outright declares Google a "common carrier" and seems to argue that the company cannot "discriminate" in its search results, even though the entire point of search is to rank (i.e., discriminate) between different potential search results to show you which ones it thinks best answer your query.There is even some movement among (mostly Republican) lawmakers to pass laws that declare Facebook/Google/Twitter to be "common carriers." There's some irony here, in that these very same Republicans spent years demonizing the idea of "common carriers" when the net neutrality debate was happening, and insisting that the entire concept of "common carrier" was socialism. Amusingly (if it weren't so dumb), Republican-proposed bills declaring social media sites common carriers often explicitly carve out broadband providers from the definitions, as if to prove that this is not about any actual principles, and 100% about using the law to punish companies they think don't share their ideological beliefs.Unfortunately, beyond grandstanding politicians, even some academics are starting to suggest that social media should be treated like common carriers. Beyond the fact that this would almost certainly come back to bite conservatives down the line, there's an even better reason why it makes no sense at all to make social media websites common carriers.They don't fit any of the underlying characteristics that made common carrier designations necessary in the first place.While there were other precursor laws having to do with the requirement to offer service if you were "public callings" the concept of "common carriers" is literally tied up in its name: the "carrier" part is important. Common carriers have been about transporting things from point A to point B. Going back to the first use of the direct concept of a must "carry" rule, there's the 1701 case in England of Lane v. Cotton, regarding the failure to deliver mail by the postal service. The court ruled that a postal service should be considered a common carrier, and that there was a legitimate claim "[a]gainst a carrier refusing to carry goods when he has convenience, his wagon not being full."In the US, the concept of the common carrier comes from the railroads, and the Interstate Commerce Act of 1887, and then to communications services with the Communications Act of 1934, and the establishment of an important bifurcation between information services (not common carriers) and telecommunications services which were common carriers.As you look over time, you'll notice a few important common traits in all historical common carriers:

The Phoenix Police Department wants drones and it wants them now. And, according to this report by the Phoenix New Times, it’s going to get them. After several hours of debate and spirited public response during the Phoenix City Council meeting this week, local officials agreed to authorize the police department to purchase public safety […]

It's just no fun being a giant company aspiring to monopolize repair to boost revenues. On both the state and federal level, a flood of new bills are targeting companies' efforts to monopolize repair by implementing obnoxious DRM, making repair tools and manuals hard to find, bullying independent repair shops (like Apple does), or forcing tractor owners to drive hundreds of miles just to get their tractor repaired (one of John Deere's favorite pastimes). The Biden administration even just got done signing an executive order asking the FTC to tighten up its restrictions on the subject.This week the list of right to repair legislation jumped by one with the introduction of the "Right to Equitable and Professional Auto Industry Repair" Act (REPAIR Act), which would mandate equitable access to repair tools and tech, boost the FTC's authority to handle consumer complaints, and mandate additional transparency by the auto industry:

A whole bunch of people wasted Tuesday talking about technical measures. What technical measures, you might ask? The ones vaguely alluded to in the DMCA. Subsection 512(i) conditions the safe harbors on platforms (more formally called “Online Service Providers,” or OSPs, for the purposes of the DMCA) “accommodat[ing] and […] not interfer[ing] with standard technical […]

The story of Missouri’s Department of Elementary and Secondary Education (DESE) leaking the Social Security Numbers of hundreds of thousands of current and former teachers and administrators could have been a relatively small story of yet another botched government technology implementation — there are plenty of those every year. But then Missouri Governor Mike Parson […]

As so-called “conservatives” (a decently large number of them appearing to actually be white supremacists and bigots engaged in harassment) complained Big Tech was slanted against them, a host of new services arrived to meet the sudden demand. Gab, Gettr, etc. hit the marketplace of ideas, promising freedom from the “censorship” of “liberal” social media […]

Aspiring filmmakers, YouTubers, bloggers, and business owners alike can find something to love about the Complete Video Production Super Bundle. Video content is fast changing from the future marketing tool to the present, and in these 10 courses you’ll learn how to make professional videos on any budget. From the absolute basics to the advanced […]

There’s been an unfortunate movement in the US over the last few years to try to argue that social media should be considered “common carriers.” Mostly this is coming (somewhat ironically) from the Trumpian wing of grifting victims, who are trying to force websites to carry the speech of trolls and extremists claiming, (against all […]