Archive for June, 2013

Blog Law Blog Has Never Cooperated with NSA’s Special Source Operations

Thursday, June 6th, 2013


Well, it’s been a busy day for cybernews.

The Washington Post has broken a huge story that the U.S. government, specifically the NSA and the FBI, are accessing e-mails, photos, videos, and other personal data via its “Special Source Operations” – NSA talk for buddy-bud tech companies. The cooperators in this outed “PRISM” program are, according to the Post story, “nine leading U.S. Internet companies”: Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple.

(Hey, good for AOL getting lumped into the category of “leading U.S. Internet companies.” No doubt they were super-psyched to see that.)

Well, for my part, I can state unequivocally that Blog Law Blog has never cooperated with the NSA or FBI in sharing any data. (But I do use Google Analytics, as do bazillions of others – so be warned.)

In the same news cycle comes the revelation that Chinese government hacking into private American computer systems is far wider and deeper than previously known. They even hacked the 2008 Obama and McCain presidential campaigns.

Unfortunately, I can make no guarantees that Blog Law Blog has not been hacked by the Chinese government. The only real protection I have against being hacked by China is staying below their radar. Which I’m guessing I probably have. (Although I’ve certainly discussed how China is a leading jailer of bloggers, among other things.)

Hey, by the way, did you notice who is missing from that Special Source Operations list? Yup, no Twitter. Good for Twitter. They’ve certainly shown their user-privacy backbone before. And no Amazon or eBay either.

UK Court Rules 7-Word Tweet Libeled Lord

Tuesday, June 4th, 2013

Gavel coming down on twitter bird, combined with British flagLord Robert Alistair McAlpine was libeled by a tweet from Sally Bercow, the wife of the Speaker of the House of Commons, according to a May 24, 2013 decision of UK’s High Court of Justice.

With a question of damages still pending, the parties terminated the litigation with a settlement on undisclosed terms.

Eric P. Robinson blogged that the case “shows — if anyone still had doubts — that tweets can indeed be libelous.”

“In short — appropriate for Twitter — a libel is a libel, no matter how few characters it contains,” Robinson concluded.

A BBC report in 2012 about alleged sexual abuse in a Welsh foster-care home in the 1970s and 80s communicated an allegation by a victim that one of the abusers was a leading Tory politician, but no particular person was named. Social media speculation following the BBC report then centered around Lord McAlpine.

Then came the libelous tweet from Bercow:

Why is Lord McAlpine trending? *Innocent face*

It turns out Lord McAlpine was not an abuser. The ensuing scandal led to the resignation of the head of the BBC.

It appears Sally Bercow abandoned Twitter.

The case is a good example of how defamation can happen indirectly, and by implication. It also provides a good point of contrast with American law – UK law on libel is much stricter and not subject to the strong protections that we have under the First Amendment on this side of the Pond.

For a full unpacking of the facts and law, read Robinson’s thorough post on Blog Law Online.