Author: Harlan Yu
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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…
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Introducing RECAP: Turning PACER Around
With today’s technologies, government transparency means much more than the chance to read one document at a time. Citizens today expect to be able to download comprehensive government datasets that are machine-processable, open and free. Unfortunately, government is much slower than industry when it comes to adopting new technologies. In recent years, private efforts have…
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Lessons from the Fall of NebuAd
With three Congressional hearings held within the past four months, U.S. legislators have expressed increased concern about the handling of private online information. As Paul Ohm mentioned yesterday, the recent scrutiny has focused mainly on the ability of ISPs to intercept and analyze the online traffic of its users– in a word, surveillance. One of…
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Phorm's Harms Extend Beyond Privacy
Last week, I wrote about the privacy concerns surrounding Phorm, an online advertising company who has teamed up with British ISPs to track user Web behavior from within their networks. New technical details about its Webwise system have since emerged, and it’s not just privacy that now seems to be at risk. The report exposes…
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Bad Phorm on Privacy
Phorm, an online advertising company, has recently made deals with several British ISPs to gain unprecedented access to every single Web action taken by their customers. The deals will let Phorm track search terms, URLs and other keywords to create online behavior profiles of individual customers, which will then be used to provide better targeted…