Welcome!

@CloudExpo Authors: Elizabeth White, Liz McMillan, Jason Bloomberg, James Carlini, Pat Romanski

Related Topics: Microservices Expo, Java IoT, Industrial IoT, ColdFusion, IBM Cloud, Open Source Cloud, Release Management

Microservices Expo: 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.


@CloudExpo Stories
Predictive analytics tools monitor, report, and troubleshoot in order to make proactive decisions about the health, performance, and utilization of storage. Most enterprises combine cloud and on-premise storage, resulting in blended environments of physical, virtual, cloud, and other platforms, which justifies more sophisticated storage analytics. In his session at 18th Cloud Expo, Peter McCallum, Vice President of Datacenter Solutions at FalconStor, will discuss using predictive analytics to ...
Let’s face it, embracing new storage technologies, capabilities and upgrading to new hardware often adds complexity and increases costs. In his session at 18th Cloud Expo, Seth Oxenhorn, Vice President of Business Development & Alliances at FalconStor, will discuss how a truly heterogeneous software-defined storage approach can add value to legacy platforms and heterogeneous environments. The result reduces complexity, significantly lowers cost, and provides IT organizations with improved effi...
Sensors and effectors of IoT are solving problems in new ways, but small businesses have been slow to join the quantified world. They’ll need information from IoT using applications as varied as the businesses themselves. In his session at @ThingsExpo, Roger Meike, Distinguished Engineer, Director of Technology Innovation at Intuit, showed how IoT manufacturers can use open standards, public APIs and custom apps to enable the Quantified Small Business. He used a Raspberry Pi to connect sensors...
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
Cognitive Computing is becoming the foundation for a new generation of solutions that have the potential to transform business. Unlike traditional approaches to building solutions, a cognitive computing approach allows the data to help determine the way applications are designed. This contrasts with conventional software development that begins with defining logic based on the current way a business operates. In her session at 18th Cloud Expo, Judith S. Hurwitz, President and CEO of Hurwitz & ...
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection.
Data-as-a-Service is the complete package for the transformation of raw data into meaningful data assets and the delivery of those data assets. In her session at 18th Cloud Expo, Lakshmi Randall, an industry expert, analyst and strategist, will address: What is DaaS (Data-as-a-Service)? Challenges addressed by DaaS Vendors that are enabling DaaS Architecture options for DaaS
As someone who has been dedicated to automation and Application Release Automation (ARA) technology for almost six years now, one of the most common questions I get asked regards Platform-as-a-Service (PaaS). Specifically, people want to know whether release automation is still needed when a PaaS is in place, and why. Isn't that what a PaaS provides? A solution to the deployment and runtime challenges of an application? Why would anyone using a PaaS then need an automation engine with workflow ...
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed...
The cloud competition for database hosts is fierce. How do you evaluate a cloud provider for your database platform? In his session at 18th Cloud Expo, Chris Presley, a Solutions Architect at Pythian, will give users a checklist of considerations when choosing a provider. Chris Presley is a Solutions Architect at Pythian. He loves order – making him a premier Microsoft SQL Server expert. Not only has he programmed and administered SQL Server, but he has also shared his expertise and passion w...
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
SYS-CON Events announced today that FalconStor Software® Inc., a 15-year innovator of software-defined storage solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. FalconStor Software®, Inc. (NASDAQ: FALC) is a leading software-defined storage company offering a converged, hardware-agnostic, software-defined storage and data services platform. Its flagship solution FreeStor®, utilizes a horizonta...
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 ad...
SYS-CON Events announced today that (ISC)²® (“ISC-squared”) will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Two leading non-profits focused on cloud and information security, (ISC)² and Cloud Security Alliance (CSA), developed the Certified Cloud Security Professional (CCSP) certification to address the increased demand for cloud security expertise due to rapid growth in cloud. Recently named “The Next...
SYS-CON Events announced today that Alert Logic, Inc., the leading provider of Security-as-a-Service solutions for the cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Alert Logic, Inc., provides Security-as-a-Service for on-premises, cloud, and hybrid infrastructures, delivering deep security insight and continuous protection for customers at a lower cost than traditional security solutions. Ful...
The Quantified Economy represents the total global addressable market (TAM) for IoT that, according to a recent IDC report, will grow to an unprecedented $1.3 trillion by 2019. With this the third wave of the Internet-global proliferation of connected devices, appliances and sensors is poised to take off in 2016. In his session at @ThingsExpo, David McLauchlan, CEO and co-founder of Buddy Platform, will discuss how the ability to access and analyze the massive volume of streaming data from mil...
Join us at Cloud Expo | @ThingsExpo 2016 – June 7-9 at the Javits Center in New York City and November 1-3 at the Santa Clara Convention Center in Santa Clara, CA – and deliver your unique message in a way that is striking and unforgettable by taking advantage of SYS-CON's unmatched high-impact, result-driven event / media packages.
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
WebSocket is effectively a persistent and fat pipe that is compatible with a standard web infrastructure; a "TCP for the Web." If you think of WebSocket in this light, there are other more hugely interesting applications of WebSocket than just simply sending data to a browser. In his session at 18th Cloud Expo, Frank Greco, Director of Technology for Kaazing Corporation, will compare other modern web connectivity methods such as HTTP/2, HTTP Streaming, Server-Sent Events and new W3C event APIs ...