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Anonymity On The Internet

December 9th 2008 19:25
Let's say you owned a business, oh, a donut shop. And let's say the local newspaper had an Internet site with a forum for people to write about the community. And let's say that someone, anonymously, posted a message that your shop was one "of the most dirty and unsanitary-looking food-service places I have seen." Would you sue? If so, who? The newspaper has "safe harbor" guarantees as long as they don't get involved in censoring what content is posted. And the name of the poster is hidden behind a screen-name.

Those are the facts in a case now being heard by the Maryland Supreme Court. The shop owner is trying to get the newspaper to release the name of the person who posted the message. As reported by the Washington Post,


For advocates of strong protections for anonymous speech and the Internet, online chat rooms are the 21st-century successors to the town square and the political pamphlet.

"There's a long tradition in U.S. history of at least anonymous political speech, and certainly when you contemplate the Internet and the new opportunities it offers, this is the way a lot of speech happens," Sam Bayard, assistant director of the Citizens Media Law Project at Harvard Law School, said in an interview.

At the same time, however, many argue that the First Amendment should not become a shield for those responsible for defamatory remarks. The reach of the Internet has allowed anonymous speech to potentially influence more people than ever, compounding the harm of a false claim.

How to balance out the claims made under First Ammendment protection, versus the right of the harmed party to see damages? This case may well go to the US Supreme Court no matter how the Maryland court rules.


In my opinion, there needs to be shown a significant impact of the anonymous message on the person or business being discussed. Of course, what is significant for a small donut shop is much different than, say, Exxon Mobil or IBM. That means a court will have to weigh the claims of both sides and determine if there is a significant impact. This finding may need to balance how prominent the website is, how many links there are to it, how many visitors and posters, etc. Additionally, the person or business may have specific information in the form of cancelled orders or less activity since the post was made. Overall, a slow and painful process.

Is there a "better" way to resolve this situation?

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Comcast In The News Again!

September 3rd 2008 22:02
Since my previous post, Comcast has again landed in the news. Now they announce that, starting in October, subscribers will be limited to 250GB of bandwidth per month. Go over that limit, you get a warning. Exceed the limit again and you get cut off the Internet for a year.

Ah, isn't that a little harsh? Especially considering that Comcast gives (a) no information about your usage trend, (b) provides no way to monitor your ussage, (c) makes no adjustment for subscribers with multiple users (such as roommates or families with active kids) and (d) provides no option to buy more bandwidth to avoid the cut off.

And since most cable providers are monopolies in the markets they serve, a subscriber who gets cut off may have no option to re-gain Internet access.

Does this work for you? What about the fact that every page full of ads and video that someone else placed there will count against YOUR usage cap...is that fair?

Seems to me this will be a class-action lawsuit as soon as the first person is cut off. Yes, the limit is high, but Comcast cannot make the penalty so harsh. What if the local water utility said you had used too much water and "you don't get any more for a year"? Bad analogy? Maybe, but what if you were a video developer working in your home office and suddenly you were unable to do your work?
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Are ISPs Playing Fair?

August 21st 2008 18:03
Recently Comcast was found by the FCC to have been interfering with the activities of subscribers to its Internet service. They were using technology that identified users of file sharing software and causing that software to stop working by injecting additional packets into the data stream.

Originally, Comcast had denied that they were doing this and it took some efforts by independent sources to research what was going on before the FCC finally took action.

But other ISPs may be doing similar things and either are too small to have been noticed, or just no one has gone to their network to test what is going on. So now the Electronic Frontier Foundation (EFF) has written a handy "how-to" guide to determine if your ISP is playing fair with your Internet service.

EFF is also interested in receiving reports about each ISP and test results. That will help them determine if additional FCC action should be called for regarding other ISP companies.
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Fiber Optic Cables

August 19th 2008 21:13
The New York Times reports that Verizon Communications is spending billions of dollars installing fiber optic cables to the homes of customers in their service area.

The investment will allow Verizon to provide bundled services such as cable TV, high definition video, voice communications and Internet broadband services faster and cheaper than competitors. The estimated cost is $4,000 per customer and Verizon is marketing the service as FiOS.

Analysts quoted by the Times question whether Verizon will have a sufficient profit on the project to justify the investment.

FiOS addresses the "last mile" issue that traditional copper phone wires suffer from. The last mile refers to the typical distance from a home to the nearest switching center their local phone company operates. Most switching centers have already been upgraded to digital switches and high-speed data circuits. It's the last mile that keeps customers from getting the faster transmission speeds most broadband Internet subscribers want. This is why cable Internet service is faster - the dedicated cable offers higher speeds than is possible with the copper phone line.

However, most cable systems were built using wires, too, not fiber optics. Fiber optics has the capacity to carry much more data than a typical home user will ever require. Of course, 20 years from now what is 'typical' may be several times more than todays measure.


John Donovan, AT&T’s chief technology officer, said the company might string fiber optic cables to its customers’ homes in the future. But he argues that it was a smarter choice to try to get as much life out of the copper wire as possible, betting the cost of fiber will drop over time.

“The last thing we want to do is overdeploy fixed capacity into the ground where there is no recovery for being wrong by putting in too much,” he said. “The ideal way to deploy technology is on the last day as fast as possible, because it gets more capable and cheaper every day.”
That is true, AT&T, but you really cannot deploy fiber on the last day, can you? There is a risk that customers will want a proven technology from a reliable source (which FiOS will be in the future), rather than a last minute offering from a company that chose to play slow. Only time will tell which choice wins in the marketplace.
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Has Apple Lost Its Magic?

July 12th 2008 12:25
After years of being the center of technology marketing wizardry, Apple Inc. may have faced its largest marketing failure ever with the launch of the iPhone 3G yesterday. Expecting mass turnout of the Apple faithful so wait in lines to buy a phone is one thing; having server, software and procedural failures while making those sales is quite another.

When the original iPhone was introduced, customers went home with it still unactivated. Using their computer or following instructions over the phone, they were able to activate their new iPhone at home. This time around, Apple decided that all new iPhones would leave the store activated. No reasoning was given by Apple as to why this change was made. Was it to prevent iPhones from selling on eBay for thousands of dollars? Maybe an intent to have a registered owner associated with each serial number to preclude re-sale?

What we do know now is that the activiation process, which was supposed to take 10 minutes, took as long as two hours for those who waited. And many who weren't going to wait were given the phones unactivated and told to follow an at-home process much like last years'. Apple blamed the delays on server problems.

But that's not all that happened. Owners of the original iPhone were able to download new iPhone 2.0 software which should have given them much of the functionality of the new iPhone 3G. However, many reported that the new software was mired by the same activation failures that new iPhone owners were facing at Apple and AT&T stores. That resulted in existing owners' phones being turned into expensive electronic bricks. OUCH!

Will Apple be able to recover and continue to get lines of people waiting to buy the next cool gadget they announce? Only time will tell. For now, if you are still thinking about buying an iPhone I suggest you wait a week or two. In addition to getting one in under two hours, you may just find that other options are more appealing.

For more background and technical details about the issues faced on Friday, check out the CNET Apple Blog here.

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O'Reilly Calls for FFVs (LINK)

June 18th 2008 19:02
Last week Bill O'Reilly called on Congress to mandate flex fuel vehicles (FFV) in order to get the US off of oil. Here's his commentary and the analysis:


[ Click here to read more ]
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Save Money with Cell Phones

June 14th 2008 04:58
A new posting by the Gadgetress lists five ideas on how you can save money with an iPhone. Don't have an iPhone? Well, she lists several that will save money no matter what cell phone you own.

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Will Apple Spell 3G?

June 9th 2008 06:27
The rumors have been flying around for weeks and today Apple is expected to announce an iPhone that uses 3G technology.

Will this start a whole new wave of long lines at the AT&T stores, or will Apple deliver a phone which other carriers can sell? Will the new phone have a $200 premium based on it's features, as the original had


[ Click here to read more ]
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