Legal Threats By Charles Harder & Shiva Ayyadurai Targeting More Speech

Seth Martin
  
Techdirt.Techdirt. wrote the following post Thu, 26 Jan 2017 11:34:50 -0600

Legal Threats By Charles Harder & Shiva Ayyadurai Targeting More Speech

Let's say right upfront: if you are unaware, Shiva Ayyadurai is currently suing Techdirt for our posts concerning Ayyaduria's claims to have invented email. Ayyadurai's lawyer in this matter is Charles Harder, the lawyer who filed multiple lawsuits against Gawker, and is credited by many with forcing that company into bankruptcy and fire sale.

Now Harder, on behalf of Ayyadurai, has sent a demand letter to try to have social media comments posted in response to the lawsuit against us taken down. We are writing about this -- despite the lawsuit against us -- because we believe it is important and we do not intend to have our own speech chilled. This is also why we believe it is so important to have a federal anti-SLAPP law in place, because the chance to chill speech with threats or actual litigation is not a hypothetical problem. It is very, very real.

Harder's letter is to Diaspora, and it demands that certain posts by Roy Schestowitz be removed (which appears to have happened). Schestowitz is the guy behind the Techrights blog, which frequently covers issues related to things like free v. proprietary software and software patents. Harder's letter to Diaspora claims that Schestowitz's posts are defamatory, violate Diaspora's terms of service, and "constitute harassment and intentional infliction of emotional distress."

Image/photo

Harder's letter makes the questionable claim that Diaspora itself is liable for Schestowitz's statements. There is tremendous caselaw on Section 230 of the CDA holding that a website cannot be held liable for speech made by users, so it's odd that Harder would argue otherwise, stating that the posts "qualify under the law to establish liability against you."

Image/photo

One of the key reasons Section 230 of the CDA exists is to protect the freedom of expression of users, so that websites aren't pressured via legal threats to take down speech over fear of liability. That's why it grants full immunity. It is strange for an attorney as established as Harder to either not know this, or to misrepresent this. Elsewhere in the letter, he references Massachusetts law as applying, so it's not as though he's suggesting that some other jurisdiction outside the US applies. So, since Section 230 clearly applies, why would Charles Harder tell Diaspora that it is liable for these statements?

Separately, Harder's letter concludes with the following statement:

This letter and its contents are confidential, protected by copyright law, and not authorized for publication or dissemination.

Image/photo

We have seen similar statements on legal letters in the past and they have generally been considered meaningless, at best. On the question of confidentiality/authorization for publication, that's not how it works. The recipient of such a letter has no obligation to not disseminate it or to ask for authorization without any prior agreement along those lines. You can't magically declare something confidential and ban anyone from sharing it. Furthermore, this is especially true when dealing with legal threat letters. While many lawyers put such language into these letters to try to scare recipients (and avoid a Streisand Effect over the attempt to silence speech), they serve no purpose other than intimidation.

Separately, claims of copyright in takedown or cease & desist letters, while they do show up occasionally, are also generally considered to be overstatements of the law. First off, there are questions raised about whether or not general cease & desist threat letters have enough creativity to get any kind of copyright, but, more importantly, even if there were copyright on such a letter it would be a clear and obvious fair use case to be able to share them and distribute them publicly, as part of an effort to discuss how one has been threatened with questionable legal arguments.

Either way, we believe that this fits a pattern of using legal threats and litigation to silence criticism of public figures. In an era when speaking truth to power is so important, we believe such actions need to be given attention, and need to be called out. We also think they demonstrate why we need much stronger anti-SLAPP laws, at both the state and federal level to protect people's right to speak out about public issues. If you agree, please call your elected representatives and ask them to support strong anti-SLAPP protections, like those found in the SPEAK FREE Act of 2015.

Permalink | Comments | Email This Story

Image/photo Image/photo
Image/photo


#Free Speech #Diaspora #Social Networking #Copyright #Defamation #Anti-SLAPP #Shiva Ayyadurai #Charles Harder #E-Mail @Gadget Guru+ @LibertyPod+
... "Surprise"!

Gadget Gurus
  
Technology | The GuardianTechnology | The Guardian wrote the following post Fri, 13 Jan 2017 05:00:16 -0600

WhatsApp backdoor allows snooping on encrypted messages

Exclusive: Privacy campaigners criticise WhatsApp vulnerability as a ‘huge threat to freedom of speech’ and warn it could be exploited by government agencies

A security backdoor that can be used to allow Facebook and others to intercept and read encrypted messages has been found within its WhatsApp messaging service.

Facebook claims that no one can intercept WhatsApp messages, not even the company and its staff, ensuring privacy for its billion-plus users. But new research shows that the company could in fact read messages due to the way WhatsApp has implemented its end-to-end encryption protocol.
Continue reading...


#WhatsApp #Signal #Encryption #Social Networking #Communications #Surveillance #Snooping #Privacy
Never at my workplace!

Seth Martin
  last edited: Tue, 11 Oct 2016 12:58:51 -0500  
We use #Hubzilla at my workplace so our data remains our data!
I'm also considering introducing the team to Riot/matrix for a Slack/IRC like experience.

MotherboardMotherboard wrote the following post Tue, 11 Oct 2016 11:45:00 -0500

Facebook's Version of Slack Is Coming for Your Workplace. What Now?

Image/photo

Sitting at work all day scrolling through Facebook is almost definitely frowned upon by your bosses, but Facebook wants to change that with the launch of a new version of Facebook—specifically designed for work—called Workplace.

Facebook is ubiquitous. If it’s not Mark Zuckerberg handing out “Free Basics” to developing countries, it’s internet connectivity beamed down from giant, solar-powered drones. As of July 2016, the social network had 1.71 billion monthly users. Facebook is without doubt one of the most pervasive technological phenomenons of the 21st Century. Thing is, Facebook’s hit a brick wall when it comes to growth. Everybody who would want to use Facebook, generally speaking, is already, or at least will be using Facebook very soon. So, to eke out the last embers of growth in a saturated market, Facebook has now, officially, entered your workplace.

Workplace by Facebook launched on Monday October 10 after almost two years of development and months of beta tests on early customers. The service is the social giant’s new effort to infiltrate businesses around the world, and to rival office apps like Slack and Microsoft’s Yammer. Essentially, it’s a modified version of the Facebook we all know and love/hate. It’s the same algorithms, the same news feeds, the same ability to share photos and documents and chat in groups or in private—only your bosses can see everything that happens and it’s all controlled by your company’s IT team. Workplace is on mobile, too, with standalone apps for Android and iOS meaning employees can access everything remotely, just like users would with the regular Facebook app.

Facebook, with Workplace, is hoping to revolutionise how companies want to work with employees by shedding the old ideals of emails and intranet. “It's for everyone, not just for one team, not just for five percent of the company, it's for everyone from the CEO to the factory workers to the baristas in the coffee shop,” a Facebook spokesperson said at the London launch event this week, which Motherboard attended. “Even people who don't have a desk, even people who have never had a PC, even people who have never had an email.”

Image/photo

Image: Workplace by Facebook

The question is, to what extent will this horizontal workflow management clash with privacy concerns? If your team or company decides to implement Workplace, will signing up be compulsory? It would seem so, if Facebook has its way and truly lets your bosses ditch emails and intranet and all of the inner workings of PC-based bureaucracy. But then what?

The Facebook spokesperson at the launch event said it best when he was explaining how the chief information officer of an airline wanted to be able to see what his staff were doing in their personal, consumer versions of Facebook groups. “Every crew of every flight were using Facebook groups,” the spokesperson said. “It's not necessarily what the CIO of the company wanted, because he wants to control who sees the information.”

But the reason why many organisations will be attracted to Workplace, such as the familiarity employees will have with regular old Facebook, could also be its downfall. Employees will be accustomed to Facebook being a place for gossip, cat videos, and friends. So what’s the decorum for Workplace by Facebook? While the two are completely different applications, old habits die hard. Who can you trust to speak to in private? Is my group being monitored for productivity? Do I have to befriend everyone in the company, and if I block someone’s news feed, will my boss know I hate them?
Your workplace chats may well one day be used as evidence against you

It’s also worth noting, as highlighted in the Gawker vs Hulk Hogan case, in which Gawker Media’s Slack conversations were subpoenaed for court, that your workplace chats may well one day be used as evidence against you. While data on Workplace belongs to the company using it, rather than Facebook, it’s still wise to watch what you say with any office productivity app. Facebook did not immediately respond to Motherboard’s request for comment on whether workplace chats would be susceptible to subpoenas.

Ultimately, Facebook is banking on the familiarity of the platform winning over customers. It’s appears easy to use and offers all of the same features as regular Facebook. But in the end, only time will tell whether employees will ever be, or ever want to be, comfortable using Facebook as a work tool or not.


#CCF #Facebook #Social Networking #Communications #Privacy @Gadget Guru+