Author: Harlan Yu
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Collateral Freedom in China
OpenITP has just released a new report—Collateral Freedom—that studies the state of censorship circumvention tool usage in China today. From the report’s overview: This report documents the experiences of 1,175 Chinese Internet users who are circumventing their country’s Internet censorship—and it carries a powerful message for developers and funders of censorship circumvention tools. We believe…
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The New Ambiguity of "Open Government"
David Robinson and I have just released a draft paper—The New Ambiguity of “Open Government”—that describes, and tries to help solve, a key problem in recent discussions around online transparency. As the paper explains, the phrase “open government” has become ambiguous in a way that makes life harder for both advocates and policymakers, by combining…
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Retiring FedThread
Nearly two years ago, the Federal Register was published in a structured XML format for the first time. This was a big deal in the open government world: the Federal Register, often called the daily newspaper of our federal government, is one of our government’s most widely read publications. And while it could previously be…
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What We Lose if We Lose Data.gov
In its latest 2011 budget proposal, Congress makes deep cuts to the Electronic Government Fund. This fund supports the continued development and upkeep of several key open government websites, including Data.gov, USASpending.gov and the IT Dashboard. An earlier proposal would have cut the funding from $34 million to $2 million this year, although the current…
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What are the Constitutional Limits on Online Tracking Regulations?
As the conceptual contours of Do Not Track are being worked out, an interesting question to consider is whether such a regulation—if promulgated—would survive a First Amendment challenge. Could Do Not Track be an unconstitutional restriction on the commercial speech of online tracking entities? The answer would of course depend on what restrictions a potential…
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Some Technical Clarifications About Do Not Track
When I last wrote here about Do Not Track in August, there were just a few rumblings about the possibility of a Do Not Track mechanism for online privacy. Fast forward four months, and Do Not Track has shot to the top of the privacy agenda among regulators in Washington. The FTC staff privacy report…
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On Facebook Apps Leaking User Identities
The Wall Street Journal today reports that many Facebook applications are handing over user information—specifically, Facebook IDs—to online advertisers. Since a Facebook ID can easily be linked to a user’s real name, third party advertisers and their downstream partners can learn the names of people who load their advertisement from those leaky apps. This reportedly…
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Assessing PACER's Access Barriers
The U.S. Courts recently conducted a year-long assessment of their Electronic Public Access program which included a survey of PACER users. While the results of the assessment haven’t been formally published, the Third Branch Newsletter has an interview with Bankruptcy Judge J. Rich Leonard that discusses a few high-level findings of the survey. Judge Leonard…
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Do Not Track: Not as Simple as it Sounds
Over the past few weeks, regulators have rekindled their interest in an online Do Not Track proposal in hopes of better protecting consumer privacy. FTC Chairman Jon Leibowitz told a Senate Commerce subcommittee last month that Do Not Track is “one promising area” for regulatory action and that the Commission plans to issue a report…
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Release Government Data, Early and Often
One of the key axioms of modern open government is that all public data should be published online in a raw but usable form. Usability in this case is aimed at software programmers. By making government datasets more usable, programmers are more likely to innovate in the civic sphere and build technologies, using the raw…
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The Traceability of an Anonymous Online Comment
Yesterday, I described a simple scenario where a plaintiff, who is having difficulty identifying an alleged online defamer, could benefit from subpoenaing data held by a third party web service provider. Some third parties—like Facebook in yesterday’s example—know exactly who I am and know whenever I visit or post on other sites. But even when…
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What Third Parties Know About John Doe
As David mentioned in his previous post, plaintiffs’ lawyers in online defamation suits will typically issue a sequence of two “John Doe” subpoenas to try to unmask the identity of anonymous online speakers. The first subpoena goes to the website or content provider where the allegedly defamatory remarks were posted, and the second subpoena is…