Internet Censorship Bill Would Spell Disaster for Speech and Innovation



  • There’s a new bill in Congress that would threaten your right to free expression online. If that weren’t enough, it could also put small Internet businesses in danger of catastrophic litigation.

    Don’t let its name fool you: the Stop Enabling Sex Traffickers Act (SESTA, S. 1693) wouldn’t help punish sex traffickers. What the bill would do (PDF) is expose any person, organization, platform, or business that hosts third-party content on the Internet to the risk of overwhelming criminal and civil liability if sex traffickers use their services. For small Internet businesses, that could be fatal: with the possibility of devastating litigation costs hanging over their heads, we think that many entrepreneurs and investors will be deterred from building new businesses online.

    Make no mistake: sex trafficking is a real, horrible problem. This bill is not the way to address it. Lawmakers should think twice before passing a disastrous law and endangering free expression and innovation.

    Take action

    Don’t let Congress censor the Internet

    Section 230: The Law that Built the Modern Internet

    SESTA would weaken 47 U.S.C. § 230, as enacted by the Communications Decency Act (commonly known as “CDA 230” or simply “Section 230”), one of the most important laws protecting free expression online.

    You might remember the fight over the Communications Decency Act of 1996 (CDA), a law designed to put harsh restrictions on free speech over the Internet. The bill passed despite overwhelming opposition from Internet users, but with EFF’s help, the bill’s censorship provisions were gutted by the Supreme Court in 1997.

    One key piece of the bill that remained was Section 230. Section 230 deals with intermediaries—individuals, companies, and organizations that provide a platform for others to share speech and content over the Internet. Section 230 says that for purposes of enforcing certain laws affecting speech online, an intermediary cannot be held legally responsible for any content created by others. The law thus protects intermediaries against a range of laws that might otherwise be used to hold them liable for what others say and do on their platforms.

    Section 230 laid the groundwork for the explosion in U.S. Internet business that’s taken place over the past two decades. Think of how many websites or services you use host third-party content in some way—social media sites, photo and video-sharing apps, newspaper comment sections, and even community mailing lists. All of those providers rely on Section 230. Without Section 230, these businesses might have to review every bit of content a user wanted to publish to make sure that the content would not be illegal or create a risk of civil liability. It’s easy to see how such measures would stifle completely lawful speech.

    If SESTA becomes law, it will place that very burden on intermediaries. Although large intermediaries may have the resources to take on this monumental task, small startups don’t. Internet startups—a major growth engine in today’s economy—would become much more dangerous investments. Web platforms run by nonprofit and community groups, which serve as invaluable outlets for free expression and knowledge sharing, would be equally at risk.

    Giving States a Censorship Pass

    While SESTA’s purpose may be only to fight sex trafficking, it brings a deeper threat to many types of free expression online. The bill would create an exception to Section 230 for enforcement of any state criminal law targeting sex trafficking activities. It would also add an exemption for federal civil law relating to sex trafficking (as it stands now, Section 230 already doesn’t apply to federal criminal law, including laws against trafficking and receiving money from child sex trafficking).

    There’s a long history of states passing extremely broad censorship laws in the name of combatting trafficking.

    Let’s unpack that. Under SESTA, states would be able to enact laws that censor the Internet in broad ways. As long as those laws claim to target sex traffickers, states could argue that they’re exempt from Section 230 protections. As Eric Goldman points out in his excellent analysis of SESTA, Congress should demand an inventory of existing state laws that would fall into this new loophole before even thinking about opening it.

    There’s a long history of states passing extremely broad censorship laws in the name of combatting trafficking. Just this year, legislators in numerous states introduced the Human Trafficking Prevention Act, a bill that has nothing to do with human trafficking and everything to do with censoring sexual expression. Imagine all of the ways in which state lawmakers would attempt to take advantage of SESTA to curb online speech in their states. If they can convince a judge that the state law targets sex trafficking, then SESTA applies. That would create a ton of uncertainty for Internet intermediaries.

    Two Bad Choices for Online Platforms

    It gets worse.

    Section 230 contains a “Good Samaritan” provision that protects intermediaries when they take measures to filter or block certain types of content. This section ensures that intermediaries are not punished for mistakes they might make in removing or failing to remove user-generated content. In other words, a service blocking some content does not make it liable for what it didn’t block.

    SESTA would compromise the Good Samaritan provision by imposing federal criminal liability on anyone who merely knows that sex trafficking advertisements are on their platform. Platforms would thus be discouraged from reviewing the content posted by their users, cancelling out the incentive to review, filter and remove provided by the Good Samaritan provision.

    That puts companies that run online content platforms in a difficult bind. Any attempt to enforce community conduct guidelines could be used as evidence that the company knew of trafficking taking place on its service. (As we mentioned above, federal criminal law already applies to intermediaries.) The two choices facing platforms would seem to be to put extremely restrictive measures in place compromising their users’ free speech and privacy, or to do nothing at all.

    Weakening Safe Harbors Chills Innovation

    When considering a policy regulating Internet businesses, it’s always good to ask yourself whether it would bar new players from competing with established ones. Placing overly burdensome requirements on startups has the effect of reinforcing the dominance of incumbent companies.

    Indeed, one of the benefits of safe harbors is that they allow intermediaries to enter the market with very limited resources. Without Section 230 (and its corollary in the world of copyright, Section 512 of the Digital Millennium Copyright Act), the explosion in social media sites and apps would not have happened—or at least the space would look very different than it does today. Facebook, Snapchat, Airbnb, and countless other popular online services began as tiny two- or three-person companies. Without the protections in Section 230, a single lawsuit over the actions of one of its users could have destroyed one of those companies in its early stages. Compromising Section 230 would be catastrophic for high-growth startups.

    If Congress doesn’t hear from us in the next day or two, they’ll make the mistake of thinking of this dangerous bill as an easy, uncontroversial win.

    One company in particular has been central to the discussion around SESTA, the controversial classified ads site Backpage. But as Mike Masnick points out in Techdirt, the Department of Justice already has the authority to prosecute Backpage if it breaks federal criminal law. And besides, Backpage has shut down its “adult services” section and those users have moved on to other platforms. What’s more, a federal grand jury is now considering indicting Backpage under current criminal law. It would be a mistake for Congress to enact a law that would burden every intermediary, not only bad actors.

    Tell Congress: Save Section 230

    It’s time to act. The Senate bill has 24 sponsors already, nearly a quarter of the Senate. We’re afraid that its supporters are seeking to rush it through quickly so that they can claim it as a rare bipartisan victory during this year of Congressional gridlock.

    There’s been a similar bill in the House of Representatives (H.R. 1865) since April. The House bill is even more frightening than SESTA: it defines the state law exemption to Section 230 even more broadly than SESTA does, and it creates a new federal crime specifically designed to prosecute intermediaries.

    Everyone wants to combat human trafficking. If Congress doesn’t hear from us in the next day or two, they’ll make the mistake of thinking of this dangerous bill as an easy, uncontroversial win.

    Twenty years ago, the Internet came together against a fundamental threat to free speech online. We won, and in the process, we got one of the most important protections for speech and innovation on the Internet. It’s time to come together again. Let’s tell Congress not to make a short-sighted political decision that would spell disaster for the Internet.

    Take action

    Don’t let Congress censor the Internet





Tmux Commands

screen and tmux

A comparison of the features (or more-so just a table of notes for accessing some of those features) for GNU screen and BSD-licensed tmux.

The formatting here is simple enough to understand (I would hope). ^ means ctrl+, so ^x is ctrl+x. M- means meta (generally left-alt or escape)+, so M-x is left-alt+x

It should be noted that this is no where near a full feature-set of either group. This - being a cheat-sheet - is just to point out the most very basic features to get you on the road.

Trust the developers and manpage writers more than me. This document is originally from 2009 when tmux was still new - since then both of these programs have had many updates and features added (not all of which have been dutifully noted here).

Action tmux screen
start a new session tmux OR
tmux new OR
tmux new-session
screen
re-attach a detached session tmux attach OR
tmux attach-session
screen-r
re-attach an attached session (detaching it from elsewhere) tmux attach -d OR
tmux attach-session -d
screen -dr
re-attach an attached session (keeping it attached elsewhere) tmux attach OR
tmux attach-session
screen -x
detach from currently attached session ^b d OR
^b :detach
^a ^d OR
^a :detach
rename-window to newname ^b , <newname> OR
^b :rename-window <newn>
^a A <newname>
list windows ^b w ^a w
list windows in chooseable menu ^a "
go to window # ^b # ^a #
go to last-active window ^b l ^a ^a
go to next window ^b n ^a n
go to previous window ^b p ^a p
see keybindings ^b ? ^a ?
list sessions ^b s OR
tmux ls OR
tmux list-sessions
screen -ls
toggle visual bell ^a ^g
create another window ^b c ^a c
exit current shell/window ^d ^d
split window/pane horizontally ^b " ^a S
split window/pane vertically ^b % ^a |
switch to other pane ^b o ^a <tab>
kill the current pane ^b x OR (logout/^D)
collapse the current pane/split (but leave processes running) ^a X
cycle location of panes ^b ^o
swap current pane with previous ^b {
swap current pane with next ^b }
show time ^b t
show numeric values of panes ^b q
toggle zoom-state of current pane (maximize/return current pane) ^b z
break the current pane out of its window (to form new window) ^b !
re-arrange current panels within same window (different layouts) ^b [space]
Kill the current window (and all panes within) ^b killw [target-window]
  • Criteo is an ad company. You may not have heard of them, but they do retargeting, the type of ads that pursue users across the web, beseeching them to purchase a product they once viewed or have already bought. To identify users across websites, Criteo relies on cross-site tracking using cookies and other methods to follow users as they browse. This has led them to try and circumvent the privacy features in Apple’s Safari browser which protects its users from such tracking. Despite this apparently antagonistic attitude towards user privacy, Criteo has also been whitelisted by the Acceptable Ads initiative. This means that their ads are unblocked by popular adblockers such as Adblock and Adblock Plus. Criteo pays Eyeo, the operator of Acceptable Ads, for this whitelisting and must comply with their format requirements. But this also means they can track any user of these adblockers who has not disabled Acceptable Ads, even if they have installed privacy tools such as EasyPrivacy with the intention of protecting themselves. EFF is concerned about Criteo’s continued anti-privacy actions and their continued inclusion in Acceptable Ads.

    Safari Shuts out Third Party Cookies…

    All popular browsers give users control over who gets to set cookies, but Safari is the only one that blocks third-party cookies (those set by a domain other than the site you are visiting) by default. (Safari’s choice is important because only 5-10% of users ever change default settings in software.) Criteo relies on third-party cookies. Since users have little reason to visit Criteo’s own website, the company gets its cookies onto users’ machines through its integration on many online retail websites. Safari’s cookie blocking is a major problem for Criteo, especially given the large and lucrative nature of iPhone’s user base. Rather than accept this, Criteo has repeatedly implemented ways to defeat Safari’s privacy protections.

    One workaround researchers detected Criteo using was to redirect users from sites where their service was present to their own. For example, if you visited wintercoats.com and clicked on a product category, you would be first diverted to criteo.com and then redirected to wintercoats.com/down-filled. Although imperceptible to the user, this detour was enough to persuade the browser that criteo.com is a site you chose to visit, and therefore a first party entitled to set a cookie rather than a third party. Criteo applied for a patent on this method in August 2013.

    …And Closes the Backdoor

    Last summer, however, Apple unveiled a new version of Safari with more sophisticated cookie handling—called Intelligent Tracking Prevention (ITP)—which killed off the redirect technique as a means to circumvent the cookie controls. The browser now analyzes if the user has engaged with a website in a meaningful way before allowing it to set a cookie. The announcement triggered panic among advertising companies, whose trade association, the Interactive Advertising Bureau, denounced the feature and rushed out technical recommendations to work around it. Obviously the level of user “interaction” with Criteo during the redirect described above fails ITP’s test, which meant Criteo was locked out again.

    It appears that Criteo’s response was to abandon cookies for Safari users and to generate a persistent identifier by piggybacking on a key user safety technology called HSTS. When a browser connects to a site via HTTPS (i.e. a site that supports encryption), the site can respond with an HTTP Strict Transport Security policy (HSTS), instructing the browser to only contact it using HTTPS. Without a HSTS policy, your browser might try to connect to the site over regular old unencrypted HTTP in the future—and thus be vulnerable to a downgrade attack. Criteo used HSTS to sneak data into the browser cache to produce an identifier it could use to recognize the individual’s browser and profile them. This approach relied on the fact that it is difficult to clear HSTS data in Safari, requiring the user to purge the cache entirely to delete the identifier. For EFF, it is especially worrisome that Criteo used a technique that pits privacy protection against user security interests by targeting HSTS. Use of this mechanism was documented by Gotham City Research, an investment firm who have bet against Criteo’s stock.

    In early December, Apple released an update to iOS and Safari which disabled Criteo’s ability to exploit HSTS. This led to Criteo revising down their revenue forecasts and a sharp fall in their share price.

    How is Criteo Acceptable Advertising”****?

    "… w__e sort of seek the consent of users, just like we had done before_."__1_ - Erich Eichmann, CEO Criteo

    _"Only users who don’t already have a Criteo identifier will see the header or footer, and it is displayed only once per device. Thanks to [the?] Criteo advertisers network, most of your users would have already accepted our services on the website of another of our partner. On average, only 5% of your users will see the headers or footers, and for those who do, the typical opt-out rate is less than .2%._" - Criteo Support Center

    Criteo styles itself as a leader in privacy practices, yet they have dedicated significant engineering resources to circumventing privacy tools. They claim to have obtained user consent to tracking based on a minimal warning delivered in what we believe to be a highly confusing context. When a user first visits a site containing Criteo’s script, they received a small notice stating, _"_Click any link to use Criteo’s cross-site tracking technology." If the user continues to use the site, they are deemed to have consented. Little wonder that Criteo can boast of a low opt-out rate to their clients.

    Due to their observed behaviour prior to the ITP episode, Criteo’s incorporation into the Acceptable Ads in December 2015 aroused criticism among users of ad blockers. We have written elsewhere about how Acceptable Ads creates a clash of interests between adblocking companies and their users, especially those concerned with their privacy. But Criteo’s participation in Acceptable Ads brings into focus the substantive problem with the program itself. The criteria for Acceptable Ads are concerned chiefly with format and aesthetic aspects (e.g. How big is the ad? How visually intrusive? Does it blink?) and excludes privacy concerns. Retargeting is unpopular and mocked by users, in part because it wears its creepy tracking practices on its sleeve. Our view is that Criteo’s bad behavior should exclude its products from being deemed “acceptable” in any way.

    The fact that the Acceptable Ads Initiative has approved Criteo’s user-tracking-by-misusing-security-features ads is indicative of the privacy problems we believe to be at the heart of the Acceptable Ads program. In March this year, Eyeo announced an Acceptable Ads Committee that will control the criteria for Acceptable Ads in the future. The Committee should start by instituting a rule which excludes companies that circumvent explicit privacy tools or exploit user security technologies for the purpose of tracking.

    1. http://criteo.investorroom.com/download/Transcript_Q3+2017+Earnings_EDITED.pdf

    https://www.eff.org/deeplinks/2017/12/arms-race-against-trackers-safari-leads-criteo-30

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  • Have you ever sent a motivational text to a friend? If you have, perhaps you tailored your message to an activity or location by saying “Good luck in the race!” or “Have fun in New York!” Now, imagine doing this automatically with a compuuuter. What a great invention. Actually, no. That’s not a good invention, it’s our latest Stupid Patent of the Month.

    U.S. Patent No. 9,069,648 is titled “Systems and methods for delivering activity based suggestive (ABS) messages.” The patent describes sending “motivational messages,” based “on the current or anticipated activity of the user,” to a “personal electronic device.” The patent provides examples such as sending the message “don’t give up” when the user is running up a hill. The examples aren’t limited to health or exercise. For example, the patent suggests sending messages like “do not fear” and “God is with you” when a “user enters a dangerous neighborhood.”

    The patent’s description of its invention is filled with silly, non-standard acronyms like ABS for “activity based suggestive” messages or EBIF for “electronic based intelligence function.” These silly acronyms create an illusion of complexity where plain, descriptive language would reveal the mundane nature of the supposed invention. For example, what the patent grandly calls EBIF appears to be nothing more than standard computer processing.

    The ’648 patent is owned by Motivational Health Messaging LLC. While this may be a new company, at least one of the people behind it has been involved in massive patent trolling campaigns before. And the two named inventors have both been inventors on patents that trolls have asserted hundreds of times. One is also an inventor listed on patents asserted by infamous patent troll Shipping and Transit LLC. The other named inventor is the inventor on the patents asserted by Electronic Communication Technologies LLC. Those two entities (with their predecessors) brought over 700 lawsuits, many against very small businesses. In other words, the ’648 patent has been issued to Troll Co. at 1 Troll Street, Troll Town, Trollida USA.

    We believe that the claims of the ’648 patent are clearly invalid under the Supreme Court’s decision in Alice v. CLS Bank, which held abstract ideas do not become eligible for a patent merely because they are implemented in conventional computer technology. Indeed, the patent repeatedly emphasizes that the claimed methods are not tied to any particular hardware or software. For example, it states:

    The software and software logic described in this document … which comprises an ordered listing of executable instructions for implementing logical functions, can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system, apparatus, or device, such as a computer-based system, processor-containing system, or other system that can fetch the instructions from the instruction execution system, apparatus, or device and execute the instructions.

    The ’648 patent issued on June 30, 2015, a full year after the Supreme Court’s Alice ruling. Despite this, the patent examiner never even discussed the decision. If Alice is to mean anything at all, it has to be applied to an application like this one.

    In our view, if Motivational Health Messaging asserts its patent in court, any defendant that fought back should prevail under Alice. Indeed, we would hope that the court would strongly consider awarding attorney’s fees to the defendant in such a case. Shipping & Transit has now had two fee awards made against it for asserting patents that are clearly invalid under Alice. And the Federal Circuit recently held that fee awards can be appropriate when patent owners make objectively unreasonable argument concerning Alice.

    In addition to the problems under Alice, we believe the claims of the ’648 patent should have been rejected as obvious. When the application was filed in 2012, there was nothing new about sending motivational messages or automatically tailoring messages to things like location. In one proposed embodiment, the patent suggests that a “user walking to a hole may be delivered ABS messages, including reminders or instructions on how to play a particular hole.” But golf apps were already doing this. The Patent Office didn’t consider any real-world mobile phone applications when reviewing the application.

    If you want to look for prior art yourself, Unified Patents is running a crowdsourcing contest to find the best prior art to invalidate the ’648 patent. Aside from the warm feelings that come from fighting patent trolls, there is a $2000 prize pool.

    Despite the weakness of its patent, Motivational Health Messaging LLC might still send out demand letters. If you receive such a letter, you can contact EFF and we can help you find counsel.

    We have long complained that the Patent Office promotes patent trolling by granting obvious and/or abstract software patents. The history of the ’648 patent shows how the Patent Office’s failure to properly review applications leads to bad patents falling into the hands of trolls.

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