> If it was art that borders on distasteful to some
> then google is deciding taste and public values with
> private algorithms.
But that's well within their right to do. If you don't like it, there's an easy solution: don't use Google.This behavior is well-known (remember Google Reader?) and expected out of Google. If you have any data on any cloud storage facility, you probably have no guarantee of its long-term persistence. You should regularly backup all your data that you value. You can get a 3 Terabyte backup drive today on Amazon for < $120, which is more than enough for most people to backup their valued data.
> I'm not sure what the right thing is here. To require
> any publishing platform to retain works they decide
> violates their TOS seems like a big burden. But we
> live in a world where publishing seemingly requires
> the cooperation the private sector. If not google, at
> very least a hosting company of some kind. If we want
> the allow social norms to change we can't stifle
> everything that falls outside of the norm.
Agreed. But, there are alternatives to using a hosting company and there are ways outside of the internet to distribute information. Just because you have a right to publish does not imply that you have a right to be published, nor should it. The author was no customer of Google so the fact that so many people are upset is indicative of the growing technological entitlement mentality. Hosting isn't free, and Google was providing a gratis service to a user. For all we know, a government put pressure on Google to remove the blog -- do we really expect Google to spend money on a legal team to resist such a request?People either don't value the ability to express distasteful opinions, or they are completely unaware of these practices in modern technology companies.
> the fact that so many people are upset is indicative of the growing technological entitlement mentality
A mentality Google fosters constantly with virtually all of their products. > You can get a 3 Terabyte backup drive today on Amazon
The first words you see when you visit https://www.google.com/drive/ is "A safe place for all your files". > there are alternatives to using a hosting company
Like what? Deeply technical p2p hosting solutions that are completely inaccessible to all but the most adept readers and publishers? > there are ways outside of the internet to distribute information
Sure, but as we move most of our communication to the internet, this kind of thing becomes more and more problematic. > A mentality Google fosters constantly with virtually
> all of their products.
This statement has no relevance to the conversation -- it doesn't magically produce any obligation for Google to act differently than it does. > The first words you see when you visit
> https://www.google.com/drive/ is "A safe place for
> all your files".
And clearly in the terms of service (the only thing that actually matters,) it says: > Google may also stop providing Services to you, or
> add or create new limits to our Services at any time. [1]
Safety is subjective, that's how they can get away with this. The terms of service go on to say: > WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE’S SUPPLIERS
> AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST
> PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR
> INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
> PUNITIVE DAMAGES. [1]
That pretty much seals the deal. The user provides affirmative consent to all of this. > Like what? Deeply technical p2p hosting solutions
> that are completely inaccessible to all but the most
> adept readers and publishers?
Self hosting is a thing. Again, none of this is Google's problem. > Sure, but as we move most of our communication to
> the internet, this kind of thing becomes more and
> more problematic.
Using any service (online or offline) is inherently risky. Users are deciding to take that risk and then whining when the risk does not pay off. You remain free to distribute information however you like.I'm not saying these aren't problems -- I'm saying these aren't Google's problems. They're running a business, not a technology charity. If you don't like it, don't use Google products and encourage others not to. It's simple cause and effect: Google treats us badly, we stop using Google. Google is free to operate however they like and I'm free to stop using their services.
[1] https://www.google.com/policies/terms/
EDIT: s/risking/risky/
It's true that no obligation is created under our current legal structure, but I think the statement still has relevance. Your stance reminds of me people that said, in the wake of the subprime mortgage crisis, "well those loans were legal and the people who defaulted were free not to take them." Yes, that is true, and we definitely would all be better off if people took the accountability and personal responsibility to avoid getting into these situations.
But really, what does that argument achieve? It absolves the centralized powerful entity of any responsibility, shifting it to a decentralized collection of individuals that lack cohesive power to effect change. In terms of pure efficacy, I don't think that style of reasoning is going to move the needle on actually getting the desired result out of the system. In other words, would it be easier to educate all of those people on proper usage of online services, or to maybe change some legal language somewhere so that these services have some responsibility to their users?
I think we can try to encourage personal responsibility in people, and simultaneously acknowledge that it would also be good if the services that hold power and influence were more accountable to their users, because that's just going to be better for everyone collectively.
> It's true that no obligation is created under our
> current legal structure, but I think the statement
> still has relevance. Your stance reminds of me people
> that said, in the wake of the subprime mortgage
> crisis, "well those loans were legal and the people
> who defaulted were free not to take them." Yes, that
> is true, and we definitely would all be better off if
> people took the accountability and personal
> responsibility to avoid getting into these situations.
I know what you're getting at here, but it's not really right to compare a policy that resulted in the loss a blog with a set of ethically questionable banking practices that objectively caused one of the worst recessions we've ever seen, resulting in literal death, poverty, and all-around regress.There's also this key component: the average user is not Google's customer -- they never pay a penny for the services they receive. I think that you and I both agree that consumer protection laws are a good thing; if you pay for access to Google's data storage services then it should be illegal if they suddenly revoke that access. That is an obvious case of breach-of-contract.
Outside the context of a customer-business relation, this amounts to the government ordering Google to supply a service at no charge. Note that certain things (I believe in the states water) have to be given freely to people who request it, but I wouldn't dream of suggesting that access to data that you knowingly stored some place with questionable data persistence guarantees is as fundamental as access to water. You may disagree.
In the end, I suggest educating consumers about the generally sketchy cloud data persistence guarantees is easier and wiser than requiring companies to offer free services. You and I both probably agree that the cloud is a significantly easier approach to organizing, storing, and using data than traditional approaches. Since it has become so ubiquitous, its users should know the dangers. This avoids setting a somewhat strong precedent that such a protection law would make.
After a quick Google (heh, the irony!) there doesn't seem like there's an easy way to backup cloud data. This seems like it might actually be a good personal project for me...
Personally I would like to see society move in this direction. The data persistence guarantees should not be questionable, they should be legally enforced. I'm pretty sure we could come up with some terms that aren't realistically that onerous to Google (and other providers), but give users some assurances.
We're treading new ground with the concept of digital goods that are extremely cheap to manufacture, distribute, and store, and this idea that ubiquitously useful services can be provided to everyone for free by extracting value from the data generated by their usage. In the pre-digital era, the government "ordering Google to supply a service at no charge" would probably be an untenable precedent, but today that could happen with almost negligible impact to their business, because it already operates like that.
You and I both probably agree that the cloud is a significantly easier approach to organizing, storing, and using data than traditional approaches.
This is exactly why we should recognize it as a public utility and endeavor to reduce the inherent dangers, just like we go to great effort to make clean water available instead of teaching everyone how to test and treat it themselves.
I appreciate the discussion and your thoughtful and forthcoming attitude:) Makes the internet much more enjoyable to use when disagreements are carefully examined rather than the usual tendency in comment threads to degenerate into being just plain mean.
[1] https://takeout.google.com/settings/takeout
Disclaimer: Alphabet employee, but not related to the takeout service.
I believe that argument at hand is that massive digital services providers, by power of the market forces, had become just as essential part of our infrastructure as banks. Their behaviour has played a huge role in establishing this position and setting this expectation.
So, the philosophical question is whether Google, AWS, Facebook, et.al. are now "too big to fail" to be subjects of regulation due to their critical role in ensuring preservation and accessibility of human knowledge. They are already being regulated by tons of parties, domestic and foreign, to keep some (lots?) information inaccessible.
https://takeout.google.com/settings/takeout
You can download all your google data from there. I wish all cloud services provided such a feature.
Actually it kind of does -- saying one thing and doing another is a deceptive business practice, and deceiving consumers is generally frowned upon.
> Actually it kind of does -- saying one thing and doing
> another is a deceptive business practice, and deceiving
> consumers is generally frowned upon
False advertisement isn't the question here -- nice strawman.Google specifically states they make no guarantees, so they're not "saying one thing and doing another." They're saying one thing and doing that thing. The parent mentioned that Google encouraged technological entitlement -- that may or may not be true, that would be a tough thing to have a reasonable conversation about -- not that Google is making blatantly false claims about its services.
Google was quoted above as calling the service "A safe place for all your files", and deletion is clearly not "safe", and there have been court decisions saying that fine print caveats cannot completely negate the clear English part of the advertising.
Of course, there have been court decisions saying the opposite, too, but that's sufficient for the OP's point to be better than "strawman" material even if, hypothetically, their argument turns out to be incorrect.
Managing consumer expectations in a way that does not reflect reality is the same as false advertising, however.
Then most files aren't safe. A file on your computer isn't safe.
That doesn't mean that words mean nothing, just because absolutes generally don't exist.
In this case, a "reasonable person" (which is often the litmus test that courts use) might well think that "A safe place for all your files" means that Google will take reasonable precautions to keep your files safe, within reason, given current technology and economics and practices.
Unilaterally deleting things without notice and without recourse absolutely does not fit that sort of reasonable definition, although it may well be legal nonetheless for various reasons.
And regardless of all that, there still is no reason to accuse the OP of a strawman argument, which is kind of rude unless there is a truly strong reason for it -- that's the primary thing I'm arguing, not about philosophical absolutes nor even legality.
If it is a 1 in a million (or less) chance, then its safer than storing them on your own computer, which I think would fit the definition of safe. You're requiring that Google meet an extreme defintion of safety that is beyond what a reasonable person would expect (since a reasonable person woud likely not backup files, or back them up locally, both of which are less safe than google).
You're conflating control with safety. As in, you're committing the same fallacy that people who are afraid of flying on airplanes do. An airplane is safer than a vehicle. Drive is safer than a computer. People are afriad of airplanes not because it is more dangerous, but because they are sacrificing control.
>there still is no reason to accuse the OP of a strawman argument
I didn't. That was someone else, but I appreciate the downvote nonetheless.
You're too paranoid. I don't yet even have the ability to downvote people; my rating is too low.
> the same fallacy
Gee thanks. We're not just in disagreement, I'm the idiot who can't reason correctly.
I think your logic is unreasonable. I already said why; google isn't living up to what a hypothetical "reasonable person" would expect -- such a person wouldn't expect deletion with no recourse.
And if it happened to you, obviously you would change your attitude about what is and is not reasonable; no one wants their stuff deleted. So arguing about it seems possibly disingenuous, regardless of the fine details.
> You're requiring that Google meet an extreme defintion of safety that is beyond what a reasonable person would expect
Actively deleting files is included in the definition of "safety"? I think not.
However again, my main point isn't whether the above person is correct, it's that his point is reasonable enough that it is uncalled for to say he's arguing a strawman.
You're responsible for making backups or taking out whatever insurance you think is reasonable for your data.
It's not that it's violating their TOS, it's that Google thought they may have been violating the law.
EDIT: At least if that's what the content was.
> "I've read a few of Cooper's books and the short answer is yes, pedophilia is a common theme in his writing (as is incest and necrophilia)."
Because of the words 'book' and 'writing', I have the impression that everything there is written text and no certainly no pictures.
This puts it in a nebulous position, at least in the USA.
Dunlop v. U.S., 165 U.S. 486 (1897), ended up ruling that text-only content can be deemed obscene and being text-only is not a reason to get total 1st amendment protection. However later cases, decided there was a division between erotica and obscene material, which is essentially decided on a case-by-case basis subjectively.
When it comes to things such as obscenity, its not really enough to go by our 'feelings' and intuition on the matter.
For instance, would you believe the US is a fully functioning, 1st world democracy, where sex toys are illegal (Alabama, upheld by State Supreme court and enforced as recently as 2009)?
To me, personally, anything that comes entirely from someones fanciful imagination, no matter how distasteful, should not be considered illegal unless it directly results in the harm of another individual.
This doesn't hold true for ... most of the rest of the planet. In the UK a man was put in jail for Simpsons porn, something that's legal in the US (although potentially a trademark violation; unless you can argue it's satire).
In Cooper's home country of France, fictional depictions are actually illegal (books like Lolita are banned).
https://en.wikipedia.org/wiki/Laws_regarding_child_pornograp...
But as already stated, even if legality wasn't the issue, yes they are still a private company and can do what they want. The article mentions this and there really needs to be an effort to educate people that they need multiple backups, not just on-line, but on their own media.
Actually, visual incest pornography exists in the US. I am not sure why (I am within the industry, but I don't actually keep tabs on legalities that I'm not involved in), but it seems that 2 years ago VISA decided it was okay for it to take credit card payments for incest-fantasy sites, and since then there's been an explosion of mainstream studios supporting said material.
Cynically speaking, it seems to me that the adult industry is more scared of how their merchant banks will react to their content, than any chance of being taken down by the US government.
Amazing work of literature, by the way.
(I don't think Lolita should be banned anywhere. It's not a pro-pedophilia artwork.)
> Cooper used the blog to post his fiction, research, and visual art, and as Artforum explains, it was also “a platform through which he engaged almost daily with a community of followers and fellow artists.” His latest GIF novel (as the term suggests, a novel constructed with animated GIFs) was also mostly saved to the blog.
https://books.google.com/books/about/Lolita.html?id=TOQxAgAA...
The Supreme Court define obscenity as being a work that was reasonably lude by the standards of the day, and lacked "serious literary, artistic, political, or scientific value." Lolita doesn't really fit this description due to its literary and artistic value.
I haven't read the blog in question, but obviously issues like this are trickier to decide with contemporary artists that are unestablished. Google certainly doesn't want to be labeled as being a distributor of child pornography, and you can't really compare some guy's blog to a book like Lolita.
This is something that current day harassment laws (and in some countries slander laws) already cover.
Hell, I've hosted most of my personal domains' email accounts via Google. A few months ago one of them was deleted. I never really used the email, but I certainly had things on their I would like to have for posterity. When Google deleted the account I was given no recourse or ability to appeal. It was just gone. It's not as if the account was even anything controversial, it was just my contact-me email for an old NES modding site I had.
This may be an intentional decision to cooperate with law enforcement. If they only go silent in the case of ongoing investigations, then "Google went silent" functions in the same way as "the warrant canary disappeared" does for other sites, which could in theory jeopardize an investigation.
You can rest assured, if it was child porn, they'd be obligued to keep backups as proof for law enforcement. I doubt the material is actually deleted, just hidden until they sort it out with the feds.
That's what you get for not making backups. This isn't rocket science. You're using someone else's free service, and they have zero obligation to continue to provide that service to you. Even if they didn't intentionally delete your account, mistakes do happen sometimes. Who actually thinks it's a good idea to keep only one copy of data that you value? Especially on a site with the name "Hacker News"? Do hackers these days not understand backups?
Child pornography is contraband. It's the virtual equivalent of a kilo of cocaine. If, as a service provider, you come across someone's artistic expression that is reckoned to be close enough to the line you have a problem. You need to worry about whether there's an elevated risk that the next post will cross the line, you shut it down.
Your freedom of speech doesn't require a third party to broadcast your speech.
But I know. Either Google hosts a platform for other people to share their life, in which case Google should not have done anything without a warrant. Or Google owns the entire platform and all content, in which case they should be held liable for every bit of disputed content on their servers (including Youtube).
There is no middle ground. Either you are a (de-facto) common carrier, or you're not.
Child porn is not a TOS issue. It's a legal issue, and he has legal recourse. He can sue and get a judge or jury to decide his case. Google is doing what the law requires, so if you have a problem with that you have a problem with the law, not with Google.
Was it any different in the days of the printing press? Newspaper companies didn't have any requirement to keep around material they didn't want to print, and unless you wanted to build/buy and operate your own printing press, you depended on the private sector...
Much like freedom of travel, while nobody can stop you, nobody must provide you a free platform either.
With real net-neutrality protections, I believe this is false. You are free to connect your own server to the internet and serve your own content through it. Also, if you do host with a third-party, it still makes sense to do backups of your data so if something like this does happen, you can move to another host.
I'm not sure what the right thing is here. To require any publishing platform to retain works they decide violates their TOS seems like a big burden. But we live in a world where publishing seemingly requires the cooperation the private sector. If not google, at very least a hosting company of some kind. If we want the allow social norms to change we can't stifle everything that falls outside of the norm.