LSQHA Blog Reviews

After getting the short end of the Twitter stick, Venezuela president, Hugo Chávez, called it " terrorism ," " a battle trench" and a "current of conspiracy. "The Internet cannot be free!" he proclaimed. Since he has taken six television channels he didn't like off the air and imprisoned reporters , who knew what he would do? Well, it turns out he intends "to open his Twitter account soon to wage the battle online," according to Diosdado Cabello, Venezuela's chief telecommunications regulator. Sponsor With Venezuela's once invincible-seeming oil-economy now in the toilet and his approval rating diving below 50% perhaps El Jefe feels he has no choice. Since mass media in Venezuela is under constant threat from its strongman head of state, his opponents and critics have monopolized the microblogging platform and that platform is becoming popular. Reuters outlined its recent growth. "The microblogging site has seen an explosive rise in usage in Venezuela to more than 200,000 active accounts. With growth of over 1,000 percent in 2009, Venezuela now has one of the highest rates per capita of Twitter users in Latin America." The moment you shut people up, you no longer speak for them. This has started to dawn on some of Chávez's once-vocal partisans. It may take longer for those whose solidarity is limited to their Che t-shirts. May I suggest you Sharpie #FreeVenezuela across yours? Top photo from Open Democracy Bottom photo by Corey Harmon Discuss

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Hugo Chávez to Make Terrorist Threats, er, Join Twitter

Last week, the big news in DMCA takedowns was the sweeping removal of Hitler parody videos . Earlier this year, it was Google suddenly wiping out six separate music blogs . Today, it's the removal of a tweet . While this might not seem like a big deal on the surface, it leads to some much bigger questions about free speech, what content should fall under a proper DMCA take-down and whether or not the DMCA is a legal method of applying censorship by any content owner. Sponsor Here's the story as told by TechDirt: The story involves a music blogger named JP, who runs the appropriately named JP's blog . Not surprisingly, JP also has a Twitter account , where he mostly seems to post links to his blog posts. One such post was about the leak of the new album by The National. That post includes a link to Amazon where people can purchase the new album... and also a link to a download of one song (in MP3 format) from the album. According to JP's blog post on the subject, Twitter sent him a message last Thursday "in response to a DMCA take-down notice". The email, he writes, read as follows: jp917, Apr 22 03:10 pm (PDT): Hello, The following material has been removed from your account in response to a DMCA take-down notice: Tweet: http://twitter.com/jp917/statuses/12499491144 - New Post: Leaked: The National - High Violet http://jpsblog.net/2010/04/20/leaked-the-national-high-violet/ JP denies posting any link to the leaked album in his tweeted blog post, saying that he will not bother filing a counterclaim to the take-down. He also links to an article in Plagiarism Today from a year ago that alleges that Twitter's handling of DMCA take-downs and counterclaims is problematic and that "there is clearly an organization issue here and that's leading to confusion." While last weeks' take-downs of parody videos may have been "overbroad take-downs of legal content" , as the Electronic Frontier Foundation asserted, this sort take-down may go an extra step, beyond constitutionally protected First Amendment speech. With the YouTube take-downs, at least there was copyrighted content present, although it may have been used according to the law in the end. In this case, according to JP, there was neither pirated content nor a link to any DMCA-violating content. While TechDirt argues that "specifically, nothing in the tweet itself is infringing -- which means that the DMCA take-down for the tweet is bogus, and a violation of the DMCA itself", we spoke with David Sohn, senior policy council with the Center for Democracy & Technology , who said that the question might not be so cut and dry. Section 5.12D of the DMCA relates to cases involving "information location tools" and "links". "One possibility here is that Twitter has gotten a take-down notice that might not stand up as a totally valid take-down notice," said Sohn. On Sohn's advice, we asked Wendy Seltzer, founder of ChillingEffects.org , what this all meant and she explained that the burden of proof lies with the person creating the content and not the platform. All the platform, in this case Twitter, needs to know is that the complaint me be valid and that, by removing the offending content, they cover themselves legally in the eyes of the DMCA. Whether or not section 5.12 D of the DMCA actually applies doesn't really matter. The introduction to her recent paper, "Free Speech Unmoored in Copyright's Safe Harbor: Chilling Effects of the DMCA on the First Amendment" (.pdf), speaks clearly to the problem we saw when first reading this story: Each week, more blog posts are redacted, more videos deleted, and more web pages removed from Internet search results based on private claims of copyright infringement. Under the "safe harbors" of the Digital Millennium Copyright Act (DMCA), Internet service providers are encouraged to respond to copyright complaints with content takedowns, assuring their immunity from liability while diminishing the rights of their subscribers and users. Paradoxically, the law's shield for service providers becomes a sword against the public who depend upon these providers as platforms for speech. The problem with the current format of the DMCA, especially in the case of something like a communication platform such as Twitter, is that a DMCA take-down notice becomes an extremely effective means of silencing information for a legally mandated period of 10 days. In essence, it provides those who wish to silence a voice a quick and legal means of enacting what is called a " prior restraint ", something clearly prohibited in First Amendment law. "When non-infringing speech is taken down, not only does its poster lose an opportunity to reach an audience, the public loses the benefit of hearing that lawful speech in the marketplace of ideas," writes Seltzer in the paper. Twitter offered this response: "Twitter regularly receives DMCA takedown notices. We strive to balance the interests of our users and copyright holders by reviewing each notice. After determining whether the notice is compliant with the law, we also consider other factors such as whether the notice is abusive to our users, or fails to take fair use into consideration. You can read more about our DMCA process here: http://help.twitter.com/entries/15795-copyright-and-dmca-policy "We are always working to improve our transparency. Users are notified immediately when content has been removed from their account. In this situation, we responded to a request to remove a Tweet containing a link to download content from an unreleased album. After reexamining our decision, we believe this was the correct first step. If the affected user believes we have made a mistake or that the notice is in error, the appropriate thing for the user to do is file a counter-claim. "We believe that the reasoning of the DMCA claim and its origin should be transparent to both the affected user and other interested parties. We are working on further steps to improve access to this information." So, our next logical question here is: Since this post includes the email from Twitter, which includes that original link to a blog post that supposedly linked to infringing content, can it too be removed according to the guidelines of the DMCA? Discuss

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Twitter, DMCA Take-downs & the Prior Restraint of First Amendment Speech

Twitter announced this morning its acquisition of Cloudhopper , a startup it hopes will help it "become one of the highest volume SMS programs in the world." As Twitter notes in its blog post, the service was originally born on the back of SMS and the move looks to further emphasize this distinguishing factor. Sponsor The acquisition seems to be a clear signal that Twitter is looking to expand further into areas where cost is a primary factor and the majority of users would interact with the service using SMS instead of desktop computers, smartphones or laptops. "Twitter's 140 character limit was designed specifically to allow for any tweet to be read in its entirety whether you're using a rudimentary mobile phone, or a more sophisticated Internet enabled device," the post explains. Now, the company processes nearly one billion SMS tweets a month and that number is growing. So how does Cloudhopper fit into this? Cloudhopper "supplies the underlying software and infrastructure to reliably scale and geographically disperse some of the world's highest volume messaging programs" according to the company's website. The service handles both SMS and MMS (text and multimedia) messaging in North America, Europe and Africa. As part of the acquisition, Joe Lauer and Kristin Kanaar will be joining Twitter's mobile team. Discuss

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Twitter Acquires Cloudhopper, Looks To Become Highest Volume SMS Program Worldwide

Out of the seven social media platforms considered in web analyst firm StatCounter's latest look at social media websites as drivers of traffic, Facebook unsurprisingly comes in with nearly half of all traffic. The site takes a look at social media driven traffic and gives us a look at how the lay of the land has changed over the past year. Sponsor The top three social media sites a year ago were StumbleUpon , Facebook and MySpace , in that order. Now, Facebook has taken a clear lead, with nearly half of driven traffic, with StumbleUpon in a surprising second place position, accounting for nearly a quarter of all traffic, and Twitter just behind that with one out of every 10 hits to websites from social media. Myspace, on the other hand, has virtually disappeared, dropping from 16% of hits to nearly 1% this month. It will be interesting to see where these numbers go, as yesterday Facebook announced some very interesting changes to its platform , including a web-wide "like" button, that shares a user's activity with a single click. With Facebook already dominating social media driven traffic, we have to wonder if this number will only skyrocket with the new sharing and recommendation functionality. The same can be said for Twitter, which last week announced Annotations , a whole new meta-layer of data which will be appended to tweets. This new feature could add some seriously interesting new functionality in this summer and increase Twitter's already strong presence as a driver of traffic. Discuss

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Facebook Accounts for Half Social Traffic; StumbleUpon 2X Twitter

Last week after Twitter's Chirp conference, Danny Sullivan of Search Engine Land asked Twitter Co-founder Evan Williams when we would begin to see the release of inactive and deleted Twitter usernames back into the wild. The answer turns out to be soon for some and later for others, but the question remains - how will we know when that name is finally available? Well, two developers, Blake Crosley and Luke Woodard , have jumped onto this goldrush and created TwitterClaims . Sponsor According to Sullivan, Twitter is still trying to figure out the proper way to handle the situation, as some usernames have been used but have recently sat inactive, while others were swept up in mass name claims by squatters and others still have simply been abandoned. (Sullivan notes an anecdote by Williams of one person who registered more than 10,000 names in one fell swoop but has done nothing with them.) So if you've been eyeballing that perfect Twitter username, just watching it sit there and do nothing, TwitterClaims claims to have the answer. Simply enter your email address and give the site up to ten names that you're looking forward to having and the service will email you when the name becomes available. The service checks once an hour to see if the name is available and once it is, it emails you to let you know. Simple. It looks like anyone can claim a name, so once it becomes available and the notifiction is set, it's on. You'll still have to get there first, and others can be getting the same notification about that same username. Discuss

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TwitterClaims: Be First In The Twitter Username Land Rush