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	<title>Comments for Info/Law</title>
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	<link>http://blogs.law.harvard.edu/infolaw</link>
	<description>Information, Law, and the Law of Information</description>
	<lastBuildDate>Wed, 15 May 2013 19:15:04 +0000</lastBuildDate>
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		<title>Comment on Reporting Fail: The Reidentification of Personal Genome Project Participants by Latanya Sweeney</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/05/01/reporting-fail-the-reidentification-of-personal-genome-project-participants/comment-page-1/#comment-154497</link>
		<dc:creator>Latanya Sweeney</dc:creator>
		<pubDate>Wed, 15 May 2013 19:15:04 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1695#comment-154497</guid>
		<description>AARGH... test demographics at aboutmyinfo.org</description>
		<content:encoded><![CDATA[<p>AARGH&#8230; test demographics at&nbsp;<a href="http://aboutmyinfo.org" title="http://aboutmyinfo. " target="_blank">aboutmyinfo.org</a></p>
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		<title>Comment on Reporting Fail: The Reidentification of Personal Genome Project Participants by Latanya Sweeney</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/05/01/reporting-fail-the-reidentification-of-personal-genome-project-participants/comment-page-1/#comment-154496</link>
		<dc:creator>Latanya Sweeney</dc:creator>
		<pubDate>Wed, 15 May 2013 18:04:35 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1695#comment-154496</guid>
		<description>Relevant links were removed when posted.  Here they are again (second attempt):

paper and tools at dataprivacylab.org/projects/pgp

test demographics at aboutmyride.org</description>
		<content:encoded><![CDATA[<p>Relevant links were removed when posted.  Here they are again (second attempt):</p>
<p>paper and tools at&nbsp;<a href="http://dataprivacylab.org" title="http://dataprivacylab. " target="_blank">dataprivacylab.org</a></p>
<p>test demographics at&nbsp;<a href="http://aboutmyride.org" title="http://aboutmyride. " target="_blank">aboutmyride.org</a></p>
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		<title>Comment on Reporting Fail: The Reidentification of Personal Genome Project Participants by Latanya Sweeney</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/05/01/reporting-fail-the-reidentification-of-personal-genome-project-participants/comment-page-1/#comment-154495</link>
		<dc:creator>Latanya Sweeney</dc:creator>
		<pubDate>Wed, 15 May 2013 18:01:18 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1695#comment-154495</guid>
		<description>Thanks for reviewing the paper and highlighting the work.  Let me offer a couple of clarifications and encourage people to read the paper for themselves at .  There are many lessons learned in this experiment.

The blogger mentioned our use of hidden names, so let me clarify. We consider profiles having hidden names as re-identifications because the names appear irregularly and are not explicit or obvious.  Detecting them is one re-identification strategy we report in the paper. Here is how it happens. Some participants previously uploaded auxiliary files that contained genetic information, as received from other sources. The public appearance of an auxiliary file is a compressed file that does not reveal the participant&#039;s name. Only after the file is downloaded and uncompressed might you see a new filename that includes the name of the participant. This begs the question, did the participant know his name was there? If the public profiles had a name field where a participant could enter his name, then we would know the participant intended for his name to be present. But the profiles have no such name field. In ad hoc discussions, participants voiced that these hidden names resulted from how they received the compressed file, implying a lack of action on their part to insert their names and no technical option to remove them (if they saw them). So, detecting hidden names is one of the re-identification strategies reported in the work.

Here are a few more points. Regardless of whether the profile had a hidden name, we also put names to profiles based on demographics (date of birth, gender, and ZIP), when present. The PGP staff scored results for correctness. To help participants, we offer a service for participants to learn how unique their demographics may be and we offer technical solutions for participants to change their profiles; see website above.  Anyone can test how unique she may be from her demographics using our server at .  

In terms of how this work relates to other misconceptions commonly voiced about re-identifications, this work demonstrates that a significant number of people can be re-identified by basic demographics (date of birth, gender, ZIP).  Two undergraduate students working on term projects in two different courses did some of the original re-identifications, so it is not a matter of advanced science to do these kinds of re-identifications.  Adam Tanner, the noted reporter, was not a collaborator, but instead, only had access to our paper after we publicly released it (same as the blogger). He reports having independently re-identified and interviewed some participants himself. There are many lessons learned from the experiment. Feel free to follow @LatanyaSweeney for updates.</description>
		<content:encoded><![CDATA[<p>Thanks for reviewing the paper and highlighting the work.  Let me offer a couple of clarifications and encourage people to read the paper for themselves at .  There are many lessons learned in this experiment.</p>
<p>The blogger mentioned our use of hidden names, so let me clarify. We consider profiles having hidden names as re-identifications because the names appear irregularly and are not explicit or obvious.  Detecting them is one re-identification strategy we report in the paper. Here is how it happens. Some participants previously uploaded auxiliary files that contained genetic information, as received from other sources. The public appearance of an auxiliary file is a compressed file that does not reveal the participant&#8217;s name. Only after the file is downloaded and uncompressed might you see a new filename that includes the name of the participant. This begs the question, did the participant know his name was there? If the public profiles had a name field where a participant could enter his name, then we would know the participant intended for his name to be present. But the profiles have no such name field. In ad hoc discussions, participants voiced that these hidden names resulted from how they received the compressed file, implying a lack of action on their part to insert their names and no technical option to remove them (if they saw them). So, detecting hidden names is one of the re-identification strategies reported in the work.</p>
<p>Here are a few more points. Regardless of whether the profile had a hidden name, we also put names to profiles based on demographics (date of birth, gender, and ZIP), when present. The PGP staff scored results for correctness. To help participants, we offer a service for participants to learn how unique their demographics may be and we offer technical solutions for participants to change their profiles; see website above.  Anyone can test how unique she may be from her demographics using our server at .  </p>
<p>In terms of how this work relates to other misconceptions commonly voiced about re-identifications, this work demonstrates that a significant number of people can be re-identified by basic demographics (date of birth, gender, ZIP).  Two undergraduate students working on term projects in two different courses did some of the original re-identifications, so it is not a matter of advanced science to do these kinds of re-identifications.  Adam Tanner, the noted reporter, was not a collaborator, but instead, only had access to our paper after we publicly released it (same as the blogger). He reports having independently re-identified and interviewed some participants himself. There are many lessons learned from the experiment. Feel free to follow @LatanyaSweeney for updates.</p>
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		<title>Comment on Reporting Fail: The Reidentification of Personal Genome Project Participants by Links 5/5/13 &#124; Mike the Mad Biologist</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/05/01/reporting-fail-the-reidentification-of-personal-genome-project-participants/comment-page-1/#comment-154459</link>
		<dc:creator>Links 5/5/13 &#124; Mike the Mad Biologist</dc:creator>
		<pubDate>Sun, 05 May 2013 20:56:05 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1695#comment-154459</guid>
		<description>[...] assess the &#8220;too many mouths&#8221; hypothesis False models are useful BECAUSE they’re false Reporting Fail: The Reidentification of Personal Genome Project Participants Politics versus scientific peer [...]</description>
		<content:encoded><![CDATA[<p>[...] assess the &#8220;too many mouths&#8221; hypothesis False models are useful BECAUSE they’re false Reporting Fail: The Reidentification of Personal Genome Project Participants Politics versus scientific peer [...]</p>
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		<title>Comment on Reporting Fail: The Reidentification of Personal Genome Project Participants by I&#8217;ve got your missing links right here (4 May 2013) &#8211; Phenomena: Not Exactly Rocket Science</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/05/01/reporting-fail-the-reidentification-of-personal-genome-project-participants/comment-page-1/#comment-154455</link>
		<dc:creator>I&#8217;ve got your missing links right here (4 May 2013) &#8211; Phenomena: Not Exactly Rocket Science</dc:creator>
		<pubDate>Sat, 04 May 2013 16:01:18 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1695#comment-154455</guid>
		<description>[...] Reporting Fail: Reidentification of Personal Genome Project Participants [...]</description>
		<content:encoded><![CDATA[<p>[...] Reporting Fail: Reidentification of Personal Genome Project Participants [...]</p>
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		<title>Comment on Beating Revenge Porn with Copyright by Caz McChrystal</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/01/25/beating-revenge-porn-with-copyright/comment-page-1/#comment-154063</link>
		<dc:creator>Caz McChrystal</dc:creator>
		<pubDate>Wed, 06 Feb 2013 22:09:03 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1663#comment-154063</guid>
		<description>I think you make an excellent case that the subject of the photograph could (and likely would) be an author of joint work.  However, it seems equally clear to me that if we take that route, the photographer must also be a joint athor (i.e., by choosing where to stand and the angle/framing of the shot he is contributing copyrightable elements).  If that is the case, and the website&#039;s terms of use define uploads as non-exclusive licenses to copy and display the images, then wouldn&#039;t the website be a legitimate licensee?

It is my understanding that each joint author has the ability to license the joint work nonexclusively without the permission or consent of the other joint authors (though the law differs throughout most of Europe).  That being the case, in terms of copyright, the wronged ex&#039;s recourse would not be against the website, but against her ex-boyfriend (the poster) under some theory of the waste doctrine, which would be unproductive in terms of taking down the photo.</description>
		<content:encoded><![CDATA[<p>I think you make an excellent case that the subject of the photograph could (and likely would) be an author of joint work.  However, it seems equally clear to me that if we take that route, the photographer must also be a joint athor (i.e., by choosing where to stand and the angle/framing of the shot he is contributing copyrightable elements).  If that is the case, and the website&#8217;s terms of use define uploads as non-exclusive licenses to copy and display the images, then wouldn&#8217;t the website be a legitimate licensee?</p>
<p>It is my understanding that each joint author has the ability to license the joint work nonexclusively without the permission or consent of the other joint authors (though the law differs throughout most of Europe).  That being the case, in terms of copyright, the wronged ex&#8217;s recourse would not be against the website, but against her ex-boyfriend (the poster) under some theory of the waste doctrine, which would be unproductive in terms of taking down the photo.</p>
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		<title>Comment on Beating Revenge Porn with Copyright by Eric Goldman</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/01/25/beating-revenge-porn-with-copyright/comment-page-1/#comment-153961</link>
		<dc:creator>Eric Goldman</dc:creator>
		<pubDate>Tue, 29 Jan 2013 15:33:05 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1663#comment-153961</guid>
		<description>We&#039;ve already repeatedly seen the trick of forcing a content originator to sign over the copyright to an objectionable work to a person who objects to the content.   See, e.g., http://blog.ericgoldman.org/archives/2012/05/the_meme_that_w.htm  For example, it&#039;s also a useful tactic for businesses that want to force the removal of negative consumer reviews, even from review sites that would otherwise stand up to a takedown notice.  Is that a technique we really want to encourage?  Perhaps you think the ends justify the means, but the tactic unavoidably will be used for less laudable ends.  Eric.</description>
		<content:encoded><![CDATA[<p>We&#8217;ve already repeatedly seen the trick of forcing a content originator to sign over the copyright to an objectionable work to a person who objects to the content.   See, e.g., <a href="http://blog.ericgoldman.org/archives/2012/05/the_meme_that_w.htm" rel="nofollow">http://blog.ericgoldman.org/archives/2012/05/the_meme_that_w.htm</a>  For example, it&#8217;s also a useful tactic for businesses that want to force the removal of negative consumer reviews, even from review sites that would otherwise stand up to a takedown notice.  Is that a technique we really want to encourage?  Perhaps you think the ends justify the means, but the tactic unavoidably will be used for less laudable ends.  Eric.</p>
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		<title>Comment on Beating Revenge Porn with Copyright by Edward Bryant</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/01/25/beating-revenge-porn-with-copyright/comment-page-1/#comment-153943</link>
		<dc:creator>Edward Bryant</dc:creator>
		<pubDate>Mon, 28 Jan 2013 15:42:20 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1663#comment-153943</guid>
		<description>I disagree completely, to make this argument would go against years of copyright law in which being the subject of a work does not constitute authorship. I think the biggest flaw is how you try to distinguish revenge porn from other photography or other copyrighted works generally. The &quot;replace with a dummy/Felix&quot; argument makes little sense because the same could be said of paintings, movies, songs, etc. (replace subject X and no one would want it) - not to mention that market demand does not create copyright (it exists in really bad unmarketable works). The real problem is that I don&#039;t see anything that truly distinguishes revenge porn from all other copyrighted works (which would be needed to have a copyright application that appiled differently in this context).</description>
		<content:encoded><![CDATA[<p>I disagree completely, to make this argument would go against years of copyright law in which being the subject of a work does not constitute authorship. I think the biggest flaw is how you try to distinguish revenge porn from other photography or other copyrighted works generally. The &#8220;replace with a dummy/Felix&#8221; argument makes little sense because the same could be said of paintings, movies, songs, etc. (replace subject X and no one would want it) &#8211; not to mention that market demand does not create copyright (it exists in really bad unmarketable works). The real problem is that I don&#8217;t see anything that truly distinguishes revenge porn from all other copyrighted works (which would be needed to have a copyright application that appiled differently in this context).</p>
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		<title>Comment on Beating Revenge Porn with Copyright by Derek Bambauer</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/01/25/beating-revenge-porn-with-copyright/comment-page-1/#comment-153916</link>
		<dc:creator>Derek Bambauer</dc:creator>
		<pubDate>Sun, 27 Jan 2013 03:57:37 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1663#comment-153916</guid>
		<description>Adam: That is a clever idea. I hadn&#039;t thought about that - forcing the perpetrator to sign over the copyright. Interesting. I think one thing that would help is if a victim were to (attempt to) register copyright quickly - the statutory damages hammer would be very useful here.</description>
		<content:encoded><![CDATA[<p>Adam: That is a clever idea. I hadn&#8217;t thought about that &#8211; forcing the perpetrator to sign over the copyright. Interesting. I think one thing that would help is if a victim were to (attempt to) register copyright quickly &#8211; the statutory damages hammer would be very useful here.</p>
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		<title>Comment on Beating Revenge Porn with Copyright by Derek Bambauer</title>
		<link>http://blogs.law.harvard.edu/infolaw/2013/01/25/beating-revenge-porn-with-copyright/comment-page-1/#comment-153915</link>
		<dc:creator>Derek Bambauer</dc:creator>
		<pubDate>Sun, 27 Jan 2013 03:55:41 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/infolaw/?p=1663#comment-153915</guid>
		<description>Eric: I hear you. Believe me, I hear you. 

http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/79_3/01%20Bambauer%20ART.pdf

But if copyright is going to be deployed for evil, why not use it for good as well? Plus, it&#039;s worth remembering that the whole point of copyright, originally, was to allow the British crown to censor more effectively.</description>
		<content:encoded><![CDATA[<p>Eric: I hear you. Believe me, I hear you. </p>
<p><a href="http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/79_3/01%20Bambauer%20ART.pdf" rel="nofollow">http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/79_3/01%20Bambauer%20ART.pdf</a></p>
<p>But if copyright is going to be deployed for evil, why not use it for good as well? Plus, it&#8217;s worth remembering that the whole point of copyright, originally, was to allow the British crown to censor more effectively.</p>
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