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Episode: 970
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Title: HPR0970: TGTM Newscast for 2012/4/15
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Source: https://hub.hackerpublicradio.org/ccdn.php?filename=/eps/hpr0970/hpr0970.mp3
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Transcribed: 2025-10-08 05:47:00
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---
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If you want to click here, don't forget to hit OK or I'll click…
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You can't just click Ok.
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That is great
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These paintings can explain where we get it.
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Wow, this is amazing, I really can't!
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You're listening to Talk Eat To Me News, number 67, record for April 15, 2012.
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You're listening to the Tech Only Hacker Public Radio Edition, to get the full podcast,
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including political, commentary, and other controversial topics.
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Visit www.talkeaktme.us.
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Here are the vials statistics for this program.
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Your feedback matters to me.
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Please send your comments to DG at deepgeek.us.
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The webpage for this program is at www.talkeaktme.us.
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You can subscribe to me on Identica as the username DeepGeek.
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Or you could follow me on Twitter.
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My username there is DGTGM.
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As in DeepGeek, TalkGeek to me.
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And now the tech roundup from torrentfreak.com, date April 10, 2012, by Ernesto.
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Mega upload host refuses to delete user data and evidence for now.
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Four weeks, Mega upload has attempted to come to a workable solution with the Department
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of Justice, but Mega upload founder Kim.com has just confirmed to torrentfreak that these
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efforts have been in vain.
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The DOJ and Mega upload couldn't reach an agreement, and as a result, several parties
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are now fighting over the data, all for very different reasons.
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The government's position is somewhat confusing.
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Initially, the authorities argued that they had no interest in the data at all, but when
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Carpathia hosting made a deal with Mega upload to sell the servers for $1 million, the
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feds backpedaled.
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The government does not trust Mega upload with the data and would rather see it deleted.
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But Carpathia refuses to do so, as Mega upload the EFF and even the MPAA all believe
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that would be a bad idea.
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Mega upload has argued before the court that the servers hold important evidence and has
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accused the feds of long to purposefully destroy it so that the file host becomes hindered
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when mounting its defense.
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Quote, In essence, the government has taken what it wants from the scene of the alleged
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crime, and is content that the remaining evidence, even if it is a sculpatory, will
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otherwise relevant to the defense be destroyed, unquote, Mega's defense wrote to the court.
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And Mega upload is not the only party interested in keeping the data intact.
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The EFF is representing a user who is demanding the return of his personal files, and the
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MPAA wants the data to be preserved for several cases the movie studios may file against
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Mega upload.
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In an attempt to save the data, all parties accept the government have asked Judge O'Grady
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to come up with a solution to prevent Carpathia from having to wipe the servers clean.
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In a filing to the court yesterday, the hosting company makes its position clear, without
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an opinion from the court, they are refusing to delete the data, as the government is suggesting.
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Quote, Carpathia is in no position to decide whether to destroy or keep the data without
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guidance from this court, defendants claims are sufficiently reasonable that without
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a court order, it would be intrudent for Carpathia to simply ignore them and reprovision
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the service, unquote, the hosting company rights.
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And while the government claims it's sampling is sufficient, and no further data need be
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preserved, other parties have claimed that all the data is necessary.
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Mega for its defense, EFF for the return of data innocent users, and MPAA for use in
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future litigation, they add.
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For now, Mega upload service is safe, but if the court decides that it has no problems
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if they are wiped clean, the hosting provider will do so.
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If the data is to be preserved, Carpathia wants to know if they can sell the service to
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Mega upload.
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If the court believes the hosting company should continue to maintain the service, Carpathia
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wants to be compensated.
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The fate of Mega upload data is now in the hands of Judge O'Grady.
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From AllGov.com, dated April 11, 2012, by Noel Brinkohoff and David Wallachinsky, Homeland
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Security and Navy award contract to hack into gaming systems.
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The federal government wants to obtain the capability to hack into video game consoles,
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all in the name of supporting terrorism and pedophiles, obscure technologies, a small
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San Francisco based company that performs computer forensics has received a $177,000 contract
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from the Department of Homeland Security and the U.S. Navy to create software that can penetrate
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the Microsoft Xbox 360, the Sony PlayStation 3, the Nintendo Wii and other game systems.
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The contract is part of the gaming systems-modeling and analysis project that began in 2008 when
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law enforcement discovered pedophiles used video game consoles to find victims.
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Since then, national security officials came to the conclusion that terrorists may also
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use online games to communicate.
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Presumably, the developed technology would allow the FBI or CIA to file chat between players
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and access other information stored on the game systems.
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The contract was signed by the Naval Postgraduate School, but the tools will be delivered to
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Homeland Security.
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From TechDirt.com did April 11, 2012 by Lee Beaton.
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Breaking, U.S. Sue's Apple publishers over e-book price fixing.
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Ever since the Justice Department announced that they were investigating Apple and several
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publishers over allegations that Apple's agency model for e-book pricing violates anti-trust
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law, we've been waiting for the other shooter drop.
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Last night, Royalty's report that a lawsuit was imminent and now Bloomberg has the news
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that the government has filed a lawsuit against Apple, Hatchett, Hopper Collins, Macmillan,
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Penguin, and Simon Schuster in New York District Court.
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Details are still scarce, but sources say Apple and Macmillan refuse to participate in
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some of the talks while some of the other publishers are still hoping to avoid a drawn-out legal
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battle and may settle soon.
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Update, Bloomberg is now reporting that SNS, Hopper Collins, and Hatchett have settled.
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It will be interesting to see what kind of defense Apple brings because the evidence
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of collusion doesn't look good for them at all.
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Despite author's guild president Scott Taroes, self-serving claim that this will somehow
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hurt culture.
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This is Good News for Readers.
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Busting apples in the publishers' eye and grip on e-book prices will likely reduce them
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across the board.
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From TechDirt.com dated April 11, 2012 by Chris Rhodes.
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No, violating your employer's computer-used policy is not criminal hacking.
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You may remember a story from last year about David Nozal, a man who was essentially convicted
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of computer hacking because the Ninth Circuit Court of Appeals determined that he exeared
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authorized excess on his employer's computer system when he broke the written rules regarding
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how data on that system could be used, in this case by accessing said data before leaving
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the company for a competitor.
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You are not accessing the data, with some other legally actionable offense, its prosecution
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under the Computer Foreign Abuse Act, the CFAA, set an alarming present for the rest of
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us.
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As noted at the time, if breaking any arbitrary rule accompanying places on its IT system
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is hacking, then most office workers could be in big trouble.
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Did you check your Facebook using a company computer?
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You could be charged with criminal hacking if the rules say you shouldn't.
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To make matters worse, as Orrin Kerr argued then, prosecutions like this aren't necessarily
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limited to desktop computers, since the line for what constitutes a computer is so blurry
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these days.
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Did you use your company's smartphone to call home and tell your wife that you'll be
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late for dinner?
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That could be good for ten years in prison, if company policy prohibits making personal
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calls from it.
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Of course, this isn't the first time prosecutors have tried to abuse the CFAA.
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We call, if you will, the infamous case of Lori Drew, who was prosecuted under the theory
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that violating the terms of service was also the same thing as hacking, ridiculous to
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be sure, but a jury convicted her anyway.
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That conviction was eventually overturned by the judge in the case, but others haven't
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been so lucky, and given the last decision by the ninth, things were looking pretty grimed
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for common sense.
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Happily however, the ninth decided to rehear David's case in bank, meaning with all
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the judges, rather than a small panel of them, and has now reversed the previous ruling.
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The analysis by the always entertaining Judge Kuzinsky makes it perfectly clear where
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the line is drawn.
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Quote, we can't strew criminal statutes narrowly so that Congress will not unintentionally
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turn ordinary citizens into criminals.
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This narrower interpretation is also a more sensible reading of the text and legislative
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history of a statute whose general purpose is to punish hacking.
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The circumvention of technological access barriers, not misappropriation of trade secrets,
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a subject Congress has dealt with elsewhere.
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Therefore we hold that exceeds authorized access, and the CFAA is limited to violations
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of restrictions on access to information and not restrictions on its use.
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Since decisions have gone the other way in other circuits, Kuzinsky goes even further
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and says that the other courts have failed to apply the longstanding principle that we
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must construe and vigorous criminal statutes narrowly, and that they, at the ninth, respectfully
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declined to follow our system circuits and urged them to reconsider instead.
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Hopefully other courts will heed this message, but for now, this is a win for everyone
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on the West Coast.
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From peoplesworld.org by Blake Depp, did April 10, 2012, Facebook consumes Instagram, grows
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more massive.
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Facebook recently bought Instagram, a tiny mobile photo sharing company that employed
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thirteen workers and what appears to be a continuous effort by Facebook to maximize
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its grip on the internet, as well as its public influence.
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The Instagram smartphone app had been rapidly gaining popularity, but was hardly viewed
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as a Facebook rival, nevertheless the social network Goliath bought Instagram for $1
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billion, and not without making its thirteen employees very wealthy.
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In addition to keeping those workers, Mark Zuckerberg has also stated he wants to keep Instagram
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as an independent for now unit maintained by the same people responsible for its success
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in the first place.
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Many Instagram fans and critics of this move are unhappy, however, perhaps for a deeper
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reason.
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What once began as a small dorm room operated social experiment for students of Harvard
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has today become one of the big five companies currently monopolizing the internet.
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Its four peers cited as being Google, Apple, Microsoft, and Amazon.
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Having carved out its own slice of the web, Facebook expands its outreach more and more
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as the years tick by and is now viewed as being so large that it can kill or buy most competitors.
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As it stands now, Zuckerberg's juggernaut pretty much writes the proverbial rules of engagement
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for social media, hardware software design, and e-commerce.
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If in the years ahead the expansion of the Facebook machine continues, it raises important
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questions regarding online freedom and corporate ownership versus democratization of the internet.
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The critics of Facebook's goblin up of Instagram are agitated because they feel that they
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are having less and less areas of the web free of Facebook's stronghold.
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This is partially true, for those areas that are removed from it one or more of the other
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big five names are most likely involved, and any of these big names have also seen increased
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usage by government agencies, some say, and potential violation of civil liberties.
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Facebook has also been increasingly asking for more and more information from people under
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the guise of new improvements, its new timeline feature stretches back all the way to your
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birth date, tempting users to add baby photos and fill in the blanks for their entire life
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year by year for the world to see.
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As these big companies take measures like this more and more often, those who wish for the
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internet to have a more democratic approach grow more concerned.
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The remedy it would seem is to stop the acquisition of the internet by private firms, and in the
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interest of average working class users, return it to a form in which it may become a
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democratically controlled public form for society.
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In the hands of corporations, there is the ever growing feeling that social media may
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become big brother.
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Thanks for listening to this episode of Talk Geek To Me.
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Here are the vials statistics for this program, your feedback matters to me, please send
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your comments to dg at deepgeek.us.
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The webpage for this program is at www.talkgeektoMe.us.
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You can subscribe to me on Identica as the username DeepGeek or you could follow me on Twitter.
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My username there is dgtgtm as in DeepGeek Talk Geek To Me.
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This episode of Talk Geek To Me is licensed under the creative comments attribution share
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like 3.0 on poor license.
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This license allows commercial reuse of the work as well as allowing you to modify the
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work as long as you share alike the same rights you have received under this license.
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Thank you for listening to this episode of Talk Geek To Me.
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You have been listening to Hacker Public Radio at Hacker Public Radio.
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We are a community podcast network that releases shows every weekday Monday through Friday.
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Hacker Public Radio was founded by the Digital.Pound and the Empanomical and Computer Club.
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