Author Archives: Michael Froomkin

Why Google Is Scary

Nelson's Weblog: googleSearchHistory

Did you know that for years Google has been keeping a record of every search you do? And did you know they're now associating your search history with your Google login for other services like Gmail, Calendar, and the like? Surprise! It's Search History. And now it's being used to personalize your search results.

I don't like Google aggregating this data about me. It is possible to opt out. You can turn off search history recording in the settings page. You can also edit your history, including removing it entirely.

Update Tuesday, Feb 6: the instructions above let you remove the search history that you can access via the search history product. However, Google is logging your search history in other places for other purposes. See Google's privacy FAQ and privacy policy for more info on those other forms of search history.

Nothing to fear! Of course! Nothing to fear!

Posted in Law: Privacy | 3 Comments

Is This the Start of a Student Media Revolution?

This announcement from the Washington Post is interesting on several levels.

High School Newspapers on washingtonpost.com: washingtonpost.com and the Washington Post Young Journalists Development Program are now enabling local high school journalists to put their school newspapers online, free of charge.

Our goal is to create a thriving virtual community for high school journalists and their peers, a place where students and other washingtonpost.com readers can see what schools are writing and comment on their work.

High-schoolers, with the aid of faculty advisors, use easily accessible blog software to publish articles and photos to a washingtonpost.com server. The blogs can be updated from any computer at any time, allowing student journalists the freedom to post stories outside of their traditional publication schedule.

We are launching the new feature in collaboration with three local high schools – located in D.C., Maryland and Virginia, respectively – and are actively recruiting more participants. The program is open to public and private high schools in The Post's circulation area.

While it appears that the newspaper faculty advisors will have some role, I wonder how that will work in practice. The Post says that “The blogs can be updated from any computer at any time, allowing student journalists the freedom to post stories outside of their traditional publication schedule.” Does that mean true freedom from the school's control? In other words, will the faculty advisors have to sign off on every posting, or just initially authenticate the students (and perhaps pull credentials)? There's a real potential here for this resource to become a liberating back-channel around the censoring grip of high school principals. Can that really be what the somewhat conservative Post has in mind?

And how about the comment sections? Presumably these will be moderated like the Post's own comment sections, but by whom? Will these become real independent forums for kids (and parents?) to talk about school issues? That would be a potentially transformative political resource as so much of family life is organized around schools.

Then there's the revenue issue. Will the Post run ads in these sections? Will it kick back any of the money to the students? Will they be recruited to sell ads for their sections and given commissions?

Done right, this could be the start of something big.

Posted in The Media | Comments Off on Is This the Start of a Student Media Revolution?

Someone Should Graph This

flipflop3.gifThe Carpetbagger Report, We are now up to a whopping 17 John McCain Flip-Flops.

Kidding aside, while I do worry that the long campaign season will encourage the tendency of the press to pile on minor gaffes, it's also entertaining to speculate just how high the McCain flip-flop index can go. I wonder what Las Vegas or Ladbrooks would give for over/under predictions?

Posted in Politics: US: 2008 Elections | 1 Comment

GOP Senators Are Now the Ostrich Party

250px-Ostrich_-_melbourne_zoo.jpg
Escalation? Everyone can talk about it except the Senate:

A long-awaited Senate showdown on the war in Iraq was shut down before it even started yesterday, when nearly all Republicans voted to stop the Senate from considering a resolution opposing President Bush's plan to send 21,500 additional combat troops into battle.

Almost every Republican Senator — including Lieberman but excluding endangered Collins and Coleman — voted to prevent debate on even the watered-down precatory Warner resolution on Iraq. Even Senator Warner voted against (debating) his own resolution! And that Chuck Hagel, talking so brave last week about the moral imperative of ending the war, why, suddenly he's against debate too.

In the short run, this means that today — after serious arm-twisting by the capo di tutti capi (Cheney) — a slim majority of the Senate is for debate, but far too little for cloture. But more importantly, unless it does something to clean off this taint soon, the Senate GOP has just taken ownership of what used to be Bush's war and McCain's escalation. This has the potential to be a party-defining vote. And it significantly increases the odds that the GOP nominee will not be a Senator or Congressman — a big boost to Romney and Giuliani, and even the hapless Huckabee, I suppose. Not to mention harming the electoral hopes of several Senators.

I believe that the country is way ahead of the Senate on this one.

Posted in Iraq | 7 Comments

Weird Even By Florida Standards

This story, Jilted, diapered astronaut planned to kidnap rival, is weird even by Florida standards.

Posted in Florida | Comments Off on Weird Even By Florida Standards

Can Workers Be Fired for Off-Duty Blogging?

For most jobs — maybe not mine — you can probably be fired for blogging during working hours unless the boss approved it as a work-related activity. But what about off-duty blogging? On controversial topics? This interesting article from today's New York Law Journal looks at the rights of bloggers (especially bloggers in New York) relating to their jobs.

And New York has some interesting relevant law,

In New York, an employer may not discharge, discriminate against, or refuse to hire employees because of their participation in “legal recreational activities” off the employer's premises during nonworking hours unless the activity “creates a material conflict of interest related to the employer's trade secrets, proprietary information or other proprietary or business interest.” N.Y. Lab. Law §201d(2)(a)©, (3)(a). The statute defines “recreational activities” as including “any lawful, leisure activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, including but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies and similar material.” Although very few courts have interpreted this statute (and none have applied it to blogging), courts that have analyzed the statute have declined to give “recreational activities” an expansive interpretation. See, e.g., McCavit v. Swiss Reinsurance America Co., 237 F3d 166 (2d Cir. 2001) (holding that dating is not a “recreational activity” protected by the New York legal recreational activities statute).

Employees can be expected to argue that blogs that may be offensive or embarrassing to the employer are lawful recreational activities under the law. Employers, however, can be expected to press for a narrow interpretation of the law that recognizes the employer's right to manage its business and protect its reputation and confidential information.

There's lots more where that came from.

Update: Ack! It's behind a paywall. I try never to link to stuff like that if I can avoid it, but now that I've posted this, I don't think I can very well take down this item.

Posted in Blogs, Law: Free Speech | 1 Comment