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November 2017
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Spinoff: Whatever The Reports About Russian Trolls Buying Ads Is Initially, It's Way, Way Worse

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With several reports about data breaches occurring over the past few years, we've developed something of a mantra around here: it's always, always worse than first reported. Yahoo just went through this having finally admitted that literally every email account was compromised way back in 2013 after having first said it was only a few hundred thousand accounts that were impacted. Deloitte and Equifax followed this same playbook with their own breaches, trickling out little by little just how wide an impact those hacks had achieved.And now we're seeing something of a spinoff of that mantra when it comes to the impact Russian trolls and the now infamous Internet Research Agency (IRA) advertising buys had on Facebook. You may recall that everything about this story seemed fairly minimalist in the initial reporting. The amount of money spent on the ad-buy itself was low enough to induce eyerolls from many. Facebook itself estimated that 11.4 million people saw ads bought by the IRA over the course of two years or so, which is not the kind of number that sets off all four alarms at the democracy firehouse. But Facebook has now given everyone a better idea of how much reach these ads actually had. And these numbers are far more alarming.

Facebook will inform lawmakers this week that roughly 126 million Americans may have been exposed to content generated on its platform by the Russian government-linked troll farm known as the Internet Research Agency between June 2015 and August 2017, CNN has learned. In written testimony to the Senate Judiciary Subcommittee on Crime and Terrorism, a copy of which was obtained by CNN, Facebook General Counsel Colin Stretch says that 29 million people were served content directly from the Internet Research Agency, and that after sharing among users is accounted for, a total of "approximately 126 million people" may have seen it.Facebook does not know, however, how many of those 126 million people actually saw one of those posts, or how many may have scrolled past it or simply not logged in on the day that one of the posts was being served in their News Feed.
The inability to nail down just how many eyeballs viewed these ads is, of course, due to the nature of social media. Buying the ads and targeting primary viewers of them is one thing, but it's the sharing and re-sharing of those ads that extend their reach exponentially. And it's quite nice of Facebook to come right out and admit that it actually has no idea how many people viewed these ads, even as it offers up estimates to the contrary.This is a feature of a social media platform like Facebook, not a bug. And, to the IRA's credit, it's a brilliant and inexpensive method for having some measure of influence in a foreign country's democracy. Facebook builds a sharing tool and these folks take advantage of the very nature of that tool.Which is what makes Facebook's attempt to downplay all of this all the more perplexing.
Nevertheless, Facebook says in its testimony that the posts from those pages represented "a tiny fraction of the overall content on Facebook.""This equals about four-thousandths of one percent (0.004%) of content in News Feed, or approximately 1 out of 23,000 pieces of content," Stretch writes. "Put another way, if each of these posts were a commercial on television, you'd have to watch more than 600 hours of television to see something from the IRA."
Except, as Facebook and Colin Stretch damned well know, Facebook doesn't operate anything remotely like television. Nor do its ads. The engagement process of those ads is wildly different. The ability to share those ads is not a feature of television. The granular targeting for eyeballs of those ads is simply not something that can be achieved by television advertising. The geographic targeting specifically, with an eye on influencing votes and the outcome of an election, is simply not a feature available to traditional television advertising. I know why Facebook wants to pretend otherwise in this instance, but it simply isn't true.So, even as some are trying to downplay the impact, and even the existence, of this foreign intervention into our election cycle, it's worth acknowledging that these things, like data breaches, tend to be worse than first reported. And no obfuscation from Facebook about how much like television it is can change the raw numbers, or its acknowledgement that it doesn't actually know how many people saw this stuff.

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Stupid Patent Of The Month: Bad Patent Goes Down Using Procedures At Patent Office Threatened By Supreme Court Case

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At the height of the first dot-com bubble, many patent applications were filed that took common ideas and put them on the Internet. This month's stupid patent, U.S. Patent No. 6,738,155 ("the '155 patent"), is a good example of that trend.The patent is titled "System and method of providing publishing and printing services via a communications network." Generally, it relates to a "printing and publishing system" that provides "workflow services...using a communication network." The original application was filed in 1999, and the patent issued in 2004.The '155 patent has a significant litigation history. Starting in 2013, its owner1 CTP Innovations, LLC, filed over 50 lawsuits alleging infringement, and told a court it intended to file as many as 200 additional cases. CTP claimed [PDF] that infringement of its patent was "ubiquitous" by the printing and graphic communications industry.In response to CTP's claims of infringement, several defendants challenged the patent at the Patent Office, using a procedure called "inter partes review" (or "IPR" for short). The IPR procedure allows third parties to argue to the Patent Office that a patent shouldn't have been granted because what was claimed in the patent was either known or obvious (two requirements for being awarded a patent) at the time it was allegedly invented. The challenger presents what's called "prior art," that is, material known to the public before the alleged invention. The challenger uses the prior art to show that the patent's claims weren't new or non-obvious when the application was filed. A patent owner is then given the chance to show why they are entitled to a patent.Here is claim 10 of the '155 patent, one of the claims challenged by the defendants:

10. A method of providing printing and publishing services to a remote client in real time using a communication network, the method comprising:storing files on a computer server, the files containing information relating to images, text, art, and data;providing said files to a remote client for the designing of a page layout;generating a portable document format (PDF) file from the designed page layout;generating a plate-ready file from said PDF file; andproviding said plate-ready file to a remote printer.
Here's how the Patent Office presiding over the IPR described [PDF] claim 10:
Claim 10 is drawn to a method that requires: (1) storing files; (2) providing the files to a remote user for designing a page layout; (3) generating a PDF from the designed page layout; (4) generating a "plate-ready file" from the PDF; and (5) providing the plate-ready file to a remote printer.
In order to show that this claim should be cancelled, the challenger relied on several pieces of prior art to show that claim 10 of the '155 patent was obvious.During the IPR, the parties generally did not dispute that steps (1)-(4) were disclosed by the prior art. The only dispute noted by the Patent Office about what was disclosed by one particular prior art combination known as "Dorfman and Apogee" was whether sending a file to a remote printer (step (5)) was new or non-obvious. The Patent Office originally found [PDF] that even though the prior art disclosed all the other parts of the alleged invention, the prior art didn't disclose sending files to a remote printer. That was enough to rule that claim 10 was new and non-obvious, and in favor of the patent owner.We don't think that minor difference from the prior art should matter. The '155 patent doesn't claim to have invented how to send files to a remote printer (nor could it in 1999, as a quick search reveals). Such a trivial change shouldn't allow someone to claim a monopoly, especially when everyone was doing things "on the Internet" in 1999. For this reason, this patent is worthy of our award.Fortunately, the Patent Office changed its mind [PDF] on the patentability of claim 10 and sending files remotely, after the challenger pointed out that the prior art did disclose doing exactly that. In January 2017, the Patent Office ruled that claim 10, as well as claims 11-7, 19 & 20, should be cancelled, and CTP did not appeal that decision.Thanks to IPR, CTP can no longer use many of the claims of the '155 patent to sue others. Indeed, it does not appear that CTP has brought suit against the 200 parties it threatened to sue.IPR is currently facing an existential threat: the Supreme Court is currently deciding whether it is constitutional for the Patent Office to double-check its work after a patent has issued. We think it is. As this short story shows, the Patent Office sometimes misses things in the prior art, and unsurprisingly then, often allows patents that it shouldn't. The public should be able to point out those mistakes to the Patent Office and not have to pay patent owners for things that rightfully belong to the public.Republished from the EFF's Stupid Patent of the Month series.
  • 1. It turned out that at the time CTP filed its lawsuits, it didn't actually own the patent [PDF].


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