Twitter’s Internal Strategy Laid Bare: To Be “The Pulse Of The Planet”
techcrunch.com
techcrunch.com
Again. I hate to be a killjoy. But last time I suggested this, it worked, so maybe it'll work this time too:
What happened to TechCrunch could happen to any YC company, or any company with HN contributors at it.
We can't make TechCrunch manage their publication differently, but we can refuse to promote what they're doing here. Just hit the "flag" button on these stories.
That's what I just did.
If you don't want to support the story, don't vote for it.
Twitter was on Oprah. Google is the new bad. Facebook is parentized. Myspace is still 13. Blogs are overtagged. Digg is all CAPS. Reddit is overtaken with athiesm.
When are we going to start laughing at the social media sharefest frenzy of this decade? It started with blogging, and it's going to end with twitter.
We're going to end up just like 1995, making our own websites with funky counters.
Eh?! There are many things one could say it's been overtaken by, but atheism is pretty low on the list.
After all, you can't make money off last decade's hot idea. Gotta predict next decade's...
-http://blog.twitter.com/2009/07/someone-call-security.html
Sounds like the beginnings of a law suit.
For any number of upcoming and existing startups whose founders and employees read HN, I can't imagine that they would want any kind of ties to Techcrunch after this. I know that I sure as hell don't.
There is generally no first amendment protection for publishing confidential information about products, partnering relationships, strategy meetings, and the like.
My guess, though, is that the first-amendment angle made it just murky enough to cause Twitter to make a judgment call to "work with" TechCrunch to limit damage and try to be done with this.
I see it as basically extortion, however, with Twitter being coerced into giving grudging permission to let this stuff come out.
What a massive embarrassment for Twitter. I have worked with literally thousands of founders and entrepreneurs over the years, and I don't know one that would not be thoroughly red-faced at watching this sort of stuff being splashed about the web (not because the information is damaging in itself but in having allowed this to happen).
'@TechCrunch @arrington "we have been given the green light by Twitter to post this information" What?! By whom? That's not our understanding'
For now, crime does seem to pay: http://alexa.com/siteinfo/techcrunch.com
Publishing these materials are not protected in any way by the First Amendment.
You may be thinking of something like contract law, where someone can enter in to e.g. a non-disclosure agreement, and federal or state governments can enforce it. Such enforcement has been ruled legal, since the party to the contract had to voluntarily agree in exchange for something. Barring Twitter's EULA, Tech Crunch isn't a party to any contract with Twitter.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
There is nothing in there that says companies (ex. TechCrunch) have a right to print whatever they want, whether by free speech or by free press. It only says the government cannot pass a law that prevents the printing of free speech.
Right, there are narrow restrictions for e.g. libel. In that example those restrictions apply to congress's ability to regulate libel, and it has been in the past been a constitutional question.
How would you hypothesize that Twitter could go after TechCrunch without invoking a law at either the federal or state level?
The 1st Amendment doesn't grant me the right to write what I want on this forum, even if it would fit in the free-speech classification. Paul Graham can take down whatever he wants, whenever he wants. If Paul Graham became governor of California, he couldn't pass a statute that banned talking about Twitter and TC in online forums. That would run afoul of the 1st Amendment.
I am not sure that I understand your question on how Twitter could go after TC. How would anyone go after another entity without Federal or State law? I doubt there is a local ordinance about this wherever those two companies are located, and I doubt International Law would apply.
If Twitter wanted some sort of non-legal recourse, they could 1) talk it out with TC, 2) reach an out of court settlement, or 3) start the first SMS-organized boycott of a web site.
That isn't the case. Courts may, for instance, decide that a trade secret law that punishes leakers who were party to a contract or who obtained information through illegal means (such as via trespass) can be punished, but that such a law can't punish third parties who broke no law nor violated a contractual agreement in obtaining the secrets (such as is the case when they are mailed to you without solicitation).
All of the examples you cited (trade secrets, hate speech, and libelous/slanderous speech) have numerous caveats (trade secrets are limited by to what degree they have become public, hate speech is only exempted narrowly through title VII ( http://www.aclu.org/studentsrights/expression/12808pub199412... ), truth is an absolute defense against libel (that is in no way a tautology; it isn't an absolute defense in say, England)) that have been settled upon over time via drumroll answers to constitutional questions rendered by courts.
All the outrage is misplaced. Be outraged at the cracker or disgruntled employee that stole the documents, assuming that is what happened.
There are no trade secrets here, there are strategy secrets.
I am shocked that such a smart group of people fail to understand the basic underpinnings of our society: http://en.wikipedia.org/wiki/New_York_Times_Co._v._United_St...
1. Not generally known or ascertainable by legal methods (TechCrunch violated the Computer Fraud and Abuse Act to get the info.)
2. Must provide competitive value (Strategy plans provide competitive value)
3. Must be subject to reasonable efforts to maintain secrecy (the password, while weak, probably does constitute a reasonable effort)
edit: I see that you edited your post to include the New York Times case. The facts of that case are different than the one with TechCrunch. In NYT, the Federal Government tried to abridge the freedom of press. That triggered the 1st Amendment protections. Here, with TechCrunch, neither the Federal Government or any State Government are trying to prevent TC from printing the information. Therefore, the 1st Amendment does not apply.
2. This isn't my standard. It is the standard that courts across the country use. The majority of states (including California) adopted a less stringent version call the Uniform Trade Secrets Act. Only 4 states, including my Massachusetts, whose version you see above, haven't adopted the act and instead employee their own versions.
3. Tobacco cancer data might be distinguished. First, it is a stretch to find that it has competitive value. Therefore it would not be classified under trade secret. Second, it probably isn't even covered under copyright because facts are not copyrightable, no matter how much effort was undertook to find them.
But I don't really know the facts of the leaked cancer data. I would have to read them in order to determine whether it was legal for it to be leaked to the press.
If the President of the United States can't block secrets from being published... you think Twitter can? I would submit your knowledge of the practices of Journalism and the law in this area are lacking. Publishing secrets is the business of newspapers. It happens every day. Its their job.
I am very surprised that so many people here fail to understand this. Just because you like Twitter does not mean its not appropriate to publish their extremely newsworthy secrets.
I admit that I have zero knowledge of journalism practices. But my legal knowledge is much greater; I am just over one semester away from graduating from law school.
I am neutral on Twitter. They are a company that I neither like nor dislike and I do not use their product.
For the 1st amendment to be invoked, the federal/state/local government has to be on one side of the "vs." in the case name. Otherwise, it's a normal civil case between two private parties, and the appropriate laws apply.
Similarly, the government can pass a law allowing copyright holders to protect their intellectual property - say, the DMCA. But it's then up to the copyright holders to bring lawsuits against people who publish their work - the government can't force them to do so, and they're completely within their rights to release their work under the GPL or Creative Commons. No free speech issue - it's a property issue.
IANAL, but listen to the law student above. His comments basically square with my understanding from lawyer friends and civics classes and occasional reading of court cases.
From a political philosophy perspective, you could look at it as libertarianism vs. anarchy. The libertarian POV is "You can do anything you want, as long as it hurts no-one." The anarchist POV is "You can do anything you want." The Bill of Rights is intended to protect libertarian ideals, not anarchist ones. It does not give you license to say anything you want, it prevents the government from arbitrarily restricting what you can say. The government can and should still make laws preventing your speech from hurting others.
i think it really sucks for Twitter that TechCrunch published all that stuff. however, obviously someone without ethics has the complete set of 300 documents and is willing to send them around. maybe this soft release will make the blow easier to bear for Twitter--the lesser of two evils.
it's a terrible situation and i hope they catch and prosecute the hacker.
Remember, Twitter and TechCrunch are pretty friendly. Till now TechCrunch tended to be attacked for being too nice to Twitter, not too harsh. So while you boil with indignation, Evan and Michael are probably still on cordial terms.
Yes, it is. TC's breach of conduct consists of publishing stolen confidential information, and then, apparently (see above thread), lying about having permission to do so. Whether this will ultimately reflect well or badly on Twitter is a complete non-sequitir to the question of honor.
Yes.
Publishing leaked or stolen documents when they contain information relevant to vital public issues is widely considered to be ethically acceptable, and there are even some legal precedents.
But publishing leaked or stolen documents absent compelling public interest is not.
In this case, I don't see an argument for Twitter's internal memoranda and such being relevant to some compelling public interest. What I do see is an information theft being milked for every last pageview it can be made to generate. That's not just unethical journalism, it's sleazy exploitation of another's misfortune.
Either way, I don't think these leaks can be considered trade secrets. What would a competitor really have to gain that would outweigh the massive amount of attention Twitter is getting right now? Notes from Twitter strategy meetings sound like they wouldn't be useful for much more than rough drafts of Gossip Girl scripts anyway. From everyone's reaction, you would think TC published the President's security detail's shift schedule and itinerary...
You may be surprised by his conclusion (I was).
(in other words, even if we grant that there was no breach of relevant law in publishing the documents, we come back to one of my favorite phrases from my philosophy days: having the right to do a thing does not make it right to do that thing)
Both of those predicates are highly questionable in this case. In the first and most important instance, these are STOLEN documents, not leaked. By taking commercial advantage of these stolen documents TechCrunch is effectively profiting from theft.
And that someone (perhaps even many people) would like to read a document, i.e. it has news value, is not a valid ethical reason (forget legality) to breach privacy, much less profit from theft.
In my eyes, TechCrunch is little more than theft-condoning scum at this point.
This sentence is in the first paragraph:
"... we’ve spent much of the last 36 hours talking directly to Twitter about the right way to go about doing that."
ev: "@TechCrunch @arrington "we have been given the green light by Twitter to post this information" What?! By whom? That's not our understanding"
Banning the domain smacks of censorship. If people at HN want to discuss a TC article, lets give them a place to do it. The answer to ugly speech is more speech, not censorship.
If the problem is that not enough people know that TechCrunch stinks, then you should add a post about how they stink. I'd vote for that.
You basically have to trust that a majority (or at least plurality) of the people here are the sorts of hackers you want to hang out with. If that stops being the case, you've got bigger problems than TC stories.
(Still a bit of misrepresentation but not the flat out lie it appears to be)
I could be wrong. But in a world where the CEO of Twitter can so quickly call B#S* I can't envision a scenario where TechCrunch doesn't have some explanation
There's no way around it: what TechCrunch is doing is incentivizing the kinds of attacks Twitter is dealing with. Twitter will survive this, but a lot of the kinds of companies represented on Hacker News won't.
TechCrunch will only publish what Twitter lets them. In practice, in terms of who gets to make the decisions, this is the same situation as if Twitter found out they had been exploited and contacted TechCrunch to "leak" some PR for them. If Twitter wanted to do their damage control through some other outlet at this point, they could just tell TechCrunch to publish nothing, and then pick another news site and send the documents they choose to them. If Twitter wanted to do nothing, they could tell TechCrunch to do nothing, and then do nothing themselves. However, in both of these situations, once the information was published (and it would be—news is one of the most competitive businesses in the world, and one of the most cut-throat), TechCrunch would pick it up, because it would then be public and already available. The only difference, in this case, is that TechCrunch can publish the information "first." But that doesn't matter, really; as long as the information gets out, does it matter who did it first?
It's unfortunate bloggers don't have their own Geneva Convention (and no, that's not a tech conference in Europe)
This claim is not supported by any statements from TechChrunch or Twitter, and contradicts Ev's claim, quoted above, that they haven't given TechChrunch a green light to publish anything.
I think you're just spreading misinformation to defend TechChrunch's quite indefensible actions. I call bullshit on your claim that TechChrunch would have published nothing if Twitter asked them that.
That's what they want the thief to believe. He needs to be satisfied that he's done the damage to Twitter that he set out to do.
As other people have noted, the actual documents released haven't amounted to more than a gigantic press release for Twitter. Now we know that they dream big and care about their employees. I'm sure that's killing them.
They diss a large number of celebs, call GOOG and MSFT 'distractions' and really go to town on Marissa Mayer.
But there is a reality to this situation that at least mitigates things. In some situations morality only brings a result if everyone in the world acts morally. Like here, TechCrunch knows someone else will publish these papers if they don't. Given the hits they'd be worth it's an absolute given. So in judging the scale of their guilt you have to consider a subset of morality.
Because if you're TechCrunch and you are deciding what to do with these documents you have to accept an immoral thing is going to happen. So the question for them becomes: Is it immoral to cheat your employees out of the revenue this information would generate because you want to stick to a moral code that you know will have no consequence?
That doesn't excuse what they did but it's a mitigating factor. So while I'm not saying they're right in doing what they did I think saying things like "I have no respect for TechCrunch" might be a slight over reaction.
With some regularity confidential stuff passes my desk or inbox, and once or twice by accident I have come into the possession of things that were not intended for me.
Do not treat others like you would not want to be treated is very much the motto in cases like this. Techcrunch is setting themselves up for a very big fall. Not only will nobody ever trust them again, if anybody will ever have a chance to give them a taste of their own medicine I'm quite sure it will be done if only to spite them.
Talking to the person whose stuff you obtained illegally is not a reason to publish and saying 'but then somebody else would do it' is not an excuse either.
They may have given the green light, but it seems like the alternative wouldn't have been any better.
Twitter likes Tipjoy "has good vision" but Tipjoy is missing the "real banking" part.
Added: techcrunch is making profit from a crime of privacy violation. this should be simply condemned. nothing else.
user = unique individual having a conscious twitter experience in a given week
and they want a billion users like that? Will never happenI think the point is that a billion users who log in once a week is not unrealistic, it's virtually impossible.
Does Google even have 1 billion users who interact with them at least once a week?
Facebook can reach 1 billion users, twitter cannot.
Gee, that was hard - now where's the damn 'post' button?
The other side has taken to simplifying the circumstances involved in a way that's willfully reductive. The details matter.
The info was stolen. It's out there. It's really unfortunate that it happened. It would have been a kind gesture for TC not to publish the info, but then again, kindness pays minimum wage. Anyone who claims that they're somehow offended or appalled that TC published in this case is being intellectually inconsistent -- every major news outlet gets their hands dirty on a daily basis to get headlines.
TC displayed some ambiguous ethics, to be sure -- it's just a bit childish to claim that the scenario is somehow unique when the other party happens to be popular.
This is a huge blow to all of us web app developers looking to sell apps since things like this will make corporations untrustworthy of our defacto security system (username/password + forgot password).
Google Docs needs a "high security" option that removes these easy access points (forgot password), and other web app developers handling sensitive data need to follow suit.
We can fill in that role through some kind of manual process of confirming a person's identity via other means (not entirely sure how, but i'm sure there's a way).
This is how Google Voice asks you to confirm your phone number: an automated system dials your number and gives you a random numeric code which you have to enter on the website.
It'll make the cloud app much less useful (mobile access issues, etc). However I think its worth it in certain cases, like if you're a high profile startup or a bank.
It's got to be a concern to them that Facebook has done all of the things they brainstormed in the "how would Facebook kill us" meeting. I wonder what their "how would Facebook kill us" meetings since then have gone?
Stories on watergate, Abu Ghraib, etc. were published because somebody leaked something private.
I have to admit though that they have more significance than Twitter.
And I can't believe you effectively equated future business plans with torture as public interest stories, with the grudging ("have to admit") qualifier that one has "more significance" than the other.
This whole TC/Twitter episode has disturbed my faith in humanity, to be frank.
Twitter has millions of users. We provide some private data to them. Shouldn't we know what is being discussed privately on how they will use it?
We may may interested, but we have no underlying right to know everything about a private company's operations and strategy.
Its the little guy who is disadvantaged by this not coming out.
Whatever damage this leak has caused is not from TC publishing this, but from their negotiating partners getting this info. Which would happen no matter what TC did.
Hoever... something thats interesting is valuable. Always. If you can capture mindshare, you can convert it to dollars. Plain and simple
What tweaks the interesting receptors is often formulaic, sensationalistic, base, pablum.
As of July, they apparently have 40m. Cool.
http://www.avc.com/a_vc/2009/07/the-difference-between-total...
Or diss Marissa Mayer?