Welcome!

You will be redirected in 30 seconds or close now.

ColdFusion Authors: Yakov Fain, Maureen O'Gara, Nancy Y. Nee, Tad Anderson, Daniel Kaar

Related Topics: Microservices Journal, Java, XML, ColdFusion, Websphere, Open Source, Open Web

Microservices Journal: Blog Post

Opinion: Who Made Amazon the Judge of What's Legal on the Web?

The COO of Newsweek and general manager of Newsweek Digital speaks out

[This post originally appeared on Joseph Galarneau's blog and is republished here in Cloud Computing Journal (www.CloudComputingJournal.com) by kind permission of the author.]

When you visit Newsweek.com, the words you read started their journey milliseconds earlier from an Amazon.com datacenter somewhere in northern Virginia. And if you visited Wikileaks.org earlier this week, the bytes comprising leaked U.S. embassy cables would have traveled a similar path from Amazon servers based in northern California or Ireland.

While WikiLeaks and Newsweek are very different organizations, we both relied on the 21st century equivalent of the printing press – cloud computing – to distribute our information. Amazon shut off WikiLeaks servers Wednesday, citing the company’s violation of Amazon rules, coincidentally at the same time government officials called for similar action for different reasons. For now, the site is hosted in Sweden by another company. Another part of WikiLeak’s technology – its domain name servers -- came under attack by hackers a day later, prompting another provider to cancel WikiLeak’s account and forcing the company to use a Swiss DNS provider.

The power of the press can be dramatically limited when the power to the press is disconnected. Outside the newspaper industry, few publishers actually own their own printing presses. U.S. courts rarely exercise prior restraint (orders that prohibit publication), and most printers rely on their customers to shoulder the legal liability if there are disputes. But as Amazon’s silencing of WikiLeaks demonstrates, the rules can change when media companies move on to the Internet, with its very different methods of publishing.

Nearly five years ago, Amazon popularized cloud computing by launching Amazon Web Services (AWS) to leverage the technology expertise gained by building its mammoth e-commerce website. In a matter of minutes, anyone with a credit card can visit the AWS website to rent time on Amazon servers, use storage on their disk drives, or select from an array of other high-tech services. Catering to hobbyist hackers and Global 2000 IT departments alike, AWS is now estimated to generate more than $500 million from hundreds of thousands of customers, according to industry analyst Kamesh Pemmaraju, director of cloud research at the SandHill Group.

The cloud computing business model, which permits customers to rent servers for as low as 2 cents per hour, has allowed countless dot-coms to avoid spending millions in start-up costs. Media companies have been similarly intrigued by these pay-as-you-go services, which are also offered by IBM and Microsoft, among others. At Newsweek, we started using AWS in late 2009 and moved all of our web operations to Amazon last May when the website launched a new design and content management system. As one of the first major publishers to go “all in” on the cloud, we have been very pleased with Amazon’s technology and service: Newsweek has experienced significant technology savings and is able to more easily accommodate large spikes in traffic that accompany major news events. (Full disclosure: I have spoken about Newsweek’s experiences at two Amazon-sponsored conferences this year and recently met with Amazon senior management. Additionally, Newsweek’s legal agreements and private discussions with Amazon are covered by a non-disclosure agreement).

But as part of Newsweek’s journey to the cloud, we thought about the same issue that tripped up WikiLeaks. In its 77-year history, the magazine has often published confidential or leaked government information. Amazon’s publicly available contract with AWS customers, which WikiLeaks likely agreed to, states that Amazon can turn off a website if “we receive notice or we otherwise determine, in our sole discretion” that a website is illegal, “has become impractical or unfeasible for any legal or regulatory reason … (or) might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity.” Has Amazon anointed itself as judge, jury and executioner in matters of regulating content on its services?

First, it’s important to understand that Amazon is delivering a commercial service and isn’t bound by free-speech protections that apply to the actions of governments, according to First Amendment attorney Michael Bamberger, a partner at law firm SNR Denton. If you don’t want to be subject to their rules, don’t use their services and don’t sign their contract. Amazon and its peers have legitimate business reasons for shutting down websites: many nefarious types use their services for spam, child pornography, hacking, and pirating activities. Not only are these activities illegal, but many threaten the integrity of the services delivered to other law-abiding cloud customers.

In Amazon’s statement on the WikiLeaks incident, posted on its website Thursday, said “our terms of service state that ‘you represent and warrant that you own or otherwise control all of the rights to the content… that use of the content you supply does not violate this policy and will not cause injury to any person or entity.’ It’s clear that WikiLeaks doesn’t own or otherwise control all the rights to this classified content. Further, it is not credible that the extraordinary volume of 250,000 classified documents that WikiLeaks is publishing could have been carefully redacted in such a way as to ensure that they weren’t putting innocent people in jeopardy.”

But should there be anything for cloud computing companies to fear? Federal law doesn’t hold hosting providers liable for information-related crimes committed by their users, no more so than a phone carrier would be subject to legal action due to a customer making a harassing call. There are gray areas untested by caselaw, Bamberger added. “If the posting is a criminal act, which the WikiLeaks materials may be given the claimed national security implications,” he said, “the service may have a legitimate fear of being charged with aiding and abetting despite federal law.”

Newsweek, like many news organizations, extensively reviews its content prior to publication to ensure accuracy and adherence to the law. Editors take these duties seriously, given that our stories reach nearly 20 million people in print and 10 million online around the world each month. Even so, some people, companies and governments aren’t thrilled when they appear on Newsweek’s print and digital pages, and they rarely keep their discontent to themselves. Protests range from letters to the editor to lawsuits, with a variety of non-legal responses in between. Calling Newsweek’s printers and asking them to stop the presses would have little effect: our agreements with vendors make Newsweek solely responsible for what is printed.

Ultimately with Amazon, we agreed on mutually acceptable terms that would protect our editorial independence and ability to publish controversial information. Other media executives who use cloud computing have told me they baked in similar protections into their contracts. But Newsweek is an established media company that has more clout and resources than the average start-up. How would the next incarnation of the Pentagon Papers be handled if it were published by a lone blogger instead of The New York Times?

“Technology has changed a lot,” Bamberger said, “and it’s really hard to tell who is the press today. That whole issue is very amorphous.

The opinions expressed here are solely the author's and do not necessarily reflect the viewpoints of Harman Newsweek LLC.

More Stories By Joseph Galarneau

Joseph Galarneau (@jdgalarneau), a former journalist, is COO of Newsweek and GM of Newsweek Digital. The opinions expressed here are solely the author's and do not necessarily reflect the viewpoints of Harman Newsweek LLC.

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@ThingsExpo Stories
Chuck Piluso will present a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. Speaker Bio: Prior to Data Storage Corporation (DSC), Mr. Piluso founded North American Telecommunication Corporation, a facilities-based Competitive Local Exchange Carrier licensed by the Public Service Commission in 10 states, serving as the company's chairman and president from 1997 to 2000. Between 1990 and 1997, Mr. Piluso served as chairman & founder of International Telecommunications Corporation, a facilities-based international carrier licensed by t...
There are lots of challenges in IoT around secure, scalable and business friendly infrastructure for enterprises. For large corporations, IoT implementations are one of the top priorities of the decade. All industries are seeing a competitive need to sustain by investing in IoT initiatives. The value addition comes from improved customer service, innovative product and additional revenue streams. The data from these IP-connected devices can be leveraged for a variety of business applications as well as responsive action controls. The various architectural building blocks of an IoT ...
The Internet of Things Maturity Model (IoTMM) is a qualitative method to gauge the growth and increasing impact of IoT capabilities in an IT environment from both a business and technology perspective. In his session at @ThingsExpo, Tony Shan will first scan the IoT landscape and investigate the major challenges and barriers. The key areas of consideration are identified to get started with IoT journey. He will then pinpoint the need of a tool for effective IoT adoption and implementation, which leads to IoTMM in which five maturity levels are defined: Advanced, Dynamic, Optimized, Primitive,...
The recent trends like cloud computing, social, mobile and Internet of Things are forcing enterprises to modernize in order to compete in the competitive globalized markets. However, enterprises are approaching newer technologies with a more silo-ed way, gaining only sub optimal benefits. The Modern Enterprise model is presented as a newer way to think of enterprise IT, which takes a more holistic approach to embracing modern technologies.
What exactly is a cognitive application? In her session at 16th Cloud Expo, Ashley Hathaway, Product Manager at IBM Watson, will look at the services being offered by the IBM Watson Developer Cloud and what that means for developers and Big Data. She'll explore how IBM Watson and its partnerships will continue to grow and help define what it means to be a cognitive service, as well as take a look at the offerings on Bluemix. She will also check out how Watson and the Alchemy API team up to offer disruptive APIs to developers.
SYS-CON Events announced today that Site24x7, the cloud infrastructure monitoring service, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Site24x7 is a cloud infrastructure monitoring service that helps monitor the uptime and performance of websites, online applications, servers, mobile websites and custom APIs. The monitoring is done from 50+ locations across the world and from various wireless carriers, thus providing a global perspective of the end-user experience. Site24x7 supports monitoring H...
The Workspace-as-a-Service (WaaS) market will grow to $6.4B by 2018. In his session at 16th Cloud Expo, Seth Bostock, CEO of IndependenceIT, will begin by walking the audience through the evolution of Workspace as-a-Service, where it is now vs. where it going. To look beyond the desktop we must understand exactly what WaaS is, who the users are, and where it is going in the future. IT departments, ISVs and service providers must look to workflow and automation capabilities to adapt to growing demand and the rapidly changing workspace model.
SYS-CON Events announced today that SafeLogic has been named “Bag Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. SafeLogic provides security products for applications in mobile and server/appliance environments. SafeLogic’s flagship product CryptoComply is a FIPS 140-2 validated cryptographic engine designed to secure data on servers, workstations, appliances, mobile devices, and in the Cloud.
SYS-CON Events announced today that Akana, formerly SOA Software, has been named “Bronze Sponsor” of SYS-CON's 16th International Cloud Expo® New York, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Akana’s comprehensive suite of API Management, API Security, Integrated SOA Governance, and Cloud Integration solutions helps businesses accelerate digital transformation by securely extending their reach across multiple channels – mobile, cloud and Internet of Things. Akana enables enterprises to share data as APIs, connect and integrate applications, drive part...
SYS-CON Events announced today that Open Data Centers (ODC), a carrier-neutral colocation provider, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place June 9-11, 2015, at the Javits Center in New York City, NY. Open Data Centers is a carrier-neutral data center operator in New Jersey and New York City offering alternative connectivity options for carriers, service providers and enterprise customers.
SYS-CON Events announced today that Dyn, the worldwide leader in Internet Performance, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Dyn is a cloud-based Internet Performance company. Dyn helps companies monitor, control, and optimize online infrastructure for an exceptional end-user experience. Through a world-class network and unrivaled, objective intelligence into Internet conditions, Dyn ensures traffic gets delivered faster, safer, and more reliably than ever.
SYS-CON Events announced today that Vicom Computer Services, Inc., a provider of technology and service solutions, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. They are located at booth #427. Vicom Computer Services, Inc. is a progressive leader in the technology industry for over 30 years. Headquartered in the NY Metropolitan area. Vicom provides products and services based on today’s requirements around Unified Networks, Cloud Computing strategies, Virtualization around Software defined Data Ce...
DevOps tends to focus on the relationship between Dev and Ops, putting an emphasis on the ops and application infrastructure. But that’s changing with microservices architectures. In her session at DevOps Summit, Lori MacVittie, Evangelist for F5 Networks, will focus on how microservices are changing the underlying architectures needed to scale, secure and deliver applications based on highly distributed (micro) services and why that means an expansion into “the network” for DevOps.
The 3rd International @ThingsExpo, co-located with the 16th International Cloud Expo – to be held June 9-11, 2015, at the Javits Center in New York City, NY – is now accepting Hackathon proposals. Hackathon sponsorship benefits include general brand exposure and increasing engagement with the developer ecosystem. At Cloud Expo 2014 Silicon Valley, IBM held the Bluemix Developer Playground on November 5 and ElasticBox held the DevOps Hackathon on November 6. Both events took place on the expo floor. The Bluemix Developer Playground, for developers of all levels, highlighted the ease of use of...
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete at launch. DevOps may be disruptive, but it is essential.
SYS-CON Events announced today that Gridstore™, the leader in hyper-converged infrastructure purpose-built to optimize Microsoft workloads, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Gridstore™ is the leader in hyper-converged infrastructure purpose-built for Microsoft workloads and designed to accelerate applications in virtualized environments. Gridstore’s hyper-converged infrastructure is the industry’s first all flash version of HyperConverged Appliances that include both compute and storag...
SYS-CON Events announced today that AIC, a leading provider of OEM/ODM server and storage solutions, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. AIC is a leading provider of both standard OTS, off-the-shelf, and OEM/ODM server and storage solutions. With expert in-house design capabilities, validation, manufacturing and production, AIC's broad selection of products are highly flexible and are configurable to any form factor or custom configuration. AIC leads the industry with nearly 20 years of ...
We heard for many years how developing nations would be able to develop mobile-phone networks quickly, perhaps even leapfrog developed nations, because their lack of traditional, wired networks would not inhibit them from deploying the new technology. Now there is talk of history repeating itself with the Industrial Internet--a key aspect of the emerging Internet of Things. For example, Guo Ping, Deputy Chairman of the Board of Chinese electronics giant Huawei, said in a recent report from the World Economic Forum, "The Industrial Internet will afford emerging markets a unique opportunity ...
Avnet, Inc. has announced that it ranked No. 4 on the InformationWeek Elite 100 – a list of the top business technology innovators in the U.S. Avnet was recognized for the development of an innovative cloud-based training system that serves as the foundation for Avnet Academy – the company’s education and training organization focused on technical training around top IT vendor technologies. The development of this system allowed Avnet to quickly expand its IT-related training capabilities around the world, while creating a new service that Avnet and its IT solution providers can offer to their...
Ayla Networks, whose agile Internet of Things (IoT) platform makes it easy for manufacturers to deliver secure, connected products, today announced it has been included in the list of "Cool Vendors" in the Internet of Things report by Gartner, Inc. “Gartner knows how important it is that manufacturers of all kinds of products have the right IoT solution to help turn their products into connected ‘things,’” said David Friedman, CEO and co-founder of Ayla Networks. “The market for Ayla’s IoT platform has accelerated dramatically this year compared to last year. Today’s largest manufacturers ar...