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account42 7 hours ago

Google should not be allowed to make libelous statements without consequences.

acoustics 5 hours ago | parent | next [-]

How is any kind of antivirus or threat detection software supposed to operate on this standard?

Libel suits can be financially catastrophic, so even a tiny false positive rate could present risk that disincentivizes producing such software at all.

And a threat detection mechanism that has a 0.0% false positive rate is conservative to the point of being nearly useless.

rtsam 5 hours ago | parent | next [-]

I think that is the idea. They shouldn't exist without a prompt mitigation path.

In other words, if you can't deal with the false positives in a timely manner. You SHOULD be liable for the damages.

I can't build a budget car put together in an unsafe manner. Then complain I can't compete due to all the peoples cars crashing and blowing up and suing me.

kevin_thibedeau 5 hours ago | parent | prev [-]

You document your claims with concrete evidence of fraud. That will be your libel defense. No evidence means you bear the full responsibility of a fuckup.

acoustics 4 hours ago | parent [-]

At internet scale, this would roughly be equivalent to not doing any warning or detection at all.

Scalable systems need to use heuristics to catch threats. Needing concrete evidence in every case means that an enormously higher amount of malicious resources will not be flagged.

There is a policy argument as to the right balance of concerns here. But there is a clear trade-off to make.

donmcronald an hour ago | parent [-]

> Needing concrete evidence in every case means that an enormously higher amount of malicious resources will not be flagged.

Giving everyone a fair trial just doesn't scale. It costs too much.

otterley 7 hours ago | parent | prev | next [-]

(IAAL but this is not legal advice.)

It’s not libel. Defamation requires a false statement of fact. Marking a website as “unsafe” is an opinion.

grayhatter 6 hours ago | parent | next [-]

> Marking a website as “unsafe” is an opinion.

No, it's not.

You're welcome to cite case law if you want to insist. Otherwise, unsafe (in the context of infosec) has a definition of likely or able to cause harm or malfunction. Something that is provable or falsifiable with evidence.

otterley 2 hours ago | parent | next [-]

I'm curious as to how you would prove that it would be impossible for any resource accessible under a given DNS domain to ever cause harm to anyone else.

jcalvinowens 5 hours ago | parent | prev | next [-]

Isn't "oops we made a mistake" actually a valid defense to libel in most US states? I thought you had to prove it was intentional to some extent? Or reckless/negligent IANAL

horsawlarway 5 hours ago | parent | next [-]

Google takes no action to review the reports that their warnings are false until you sign up for Google products (namely - registering the site in their search console).

I reported a falsely flagged site repeatedly for weeks with absolutely no action from them.

Mozilla and Microsoft both did actually remove the warnings after the reports (Edge and Firefox stopped displaying the warning). Google did not. Google strong armed me into registering for google products, like a fucking bastard of a company.

This was the moment I went from "I don't love google anymore" to "Google can get fucked".

I wish them bankruptcy and every damn legal consequence that is possible to enforce.

jcalvinowens 4 hours ago | parent [-]

I'm not defending google, I'm just wondering if claiming libel is barking up the wrong legal tree.

rtsam 5 hours ago | parent | prev | next [-]

"I believed it to be true" is a defense. But negligence isn't. In fact, that is usually what you want to prove, that they acted on things that a reasonable person (or a person that is supposed to be skilled in that field) can see is not true.

otterley 2 hours ago | parent | prev [-]

Negligence is an element of the tort of defamation.

ifh-hn 6 hours ago | parent | prev [-]

Whether that's true or not is irrelevant if it's defined by law differently. Even without case law and precedent you'd still have to test it in court, which for libel can be prohibitively expensive.

For clarity I'm not agreeing or disagreeing, but what means sense to the layperson (including experts in a particular field) is sometimes at odds with what the law says.

ThunderSizzle 7 hours ago | parent | prev | next [-]

Google is stating in a position of authority. It's therefore being stated as at least a professional opinion with the equivalent weight of fact, or representing facts.

If the opinion is meant to be just another opinion, then it shouldn't cause any blacklisting of any sorts anywhere.

account42 7 hours ago | parent | next [-]

Not to mention that the whole point of the list is for blocking in e.g. web browsers. Claiming it is just an opinion would be like a mobster claiming they didn't actually order a hit.

otterley 7 hours ago | parent | prev [-]

> If the opinion is meant to be just another opinion, then it shouldn't cause any blacklisting of any sorts anywhere.

I agree with this! The registrar should not have triggered a suspension because of this. They're not obligated to, and the two processes should be decoupled.

MadameMinty 6 hours ago | parent [-]

The registrar should ignore reports of abuse, especially if coming from an authoritative source with vast resources that's been collecting reports on its own?

No.

The source should be more careful. It's the equivalent of a renowned newspaper printing warning a restaurant being unsafe to visit. Should the customers' willingness to visit be magically decoupled from this opinion?

ryandrake 6 hours ago | parent | next [-]

It's like a renowned newspaper saying the restaurant is unsafe, and then also the restaurant's landlord taking it at face value and locking the doors without further investigation. Both can be wrong.

2 hours ago | parent | prev | next [-]
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otterley 2 hours ago | parent | prev [-]

> The registrar should ignore reports of abuse, especially if coming from an authoritative source with vast resources that's been collecting reports on its own?

I'm not saying they should "ignore" reports of abuse but treat them as they are -- reports. They can then perform their own independent investigation.

That may well have happened here. I suspect the author isn't telling us something.

RobotToaster 6 hours ago | parent | prev | next [-]

Depends on jurisdiction. In the UK it's not an absolute defence, you still have to prove it's an opinion a "reasonable person" could come to based on facts.

hackerman_fi 7 hours ago | parent | prev | next [-]

How is it any more of an opinion to "mark" a website as "unsafe" than say, "contains CSAM"?

dspillett 7 hours ago | parent | next [-]

“contains CSAM” is likely an unarguable fact.

“unsafe” is a term that is both broader and more vague, so I would consider it opinion unless backed up by appropriate facts (like “contains CSAM”, “contains malware”, and so forth).

kmoser 5 hours ago | parent [-]

> “contains CSAM” is likely an unarguable fact.

Except when it isn't. CSAM may be easier to define and identify than pornography, but there still exists material that treads a moral grey area.

otterley 7 hours ago | parent | prev [-]

One is disprovable, the other is not.

ses1984 6 hours ago | parent | prev | next [-]

Maybe libel is the wrong term, but erroneously marking a website as unsafe can lead to damages.

otterley 4 hours ago | parent [-]

Only if it’s intentional (or maybe grossly negligent).

horsawlarway 5 hours ago | parent | prev | next [-]

As someone who has also been bit by this, and with the only possible resolution being that I sign up for google services and register my site with them in the google search dashboard...

Fuck Google.

This is absolutely libel. They put a big fucking red banner on top of my site, telling the world that it's unsafe, using all the authority they have as one of the largest tech companies in the world.

In my case - it was a jellyfin instance I'd stood up to host family videos of my kids for my parents.

It was not compromised, and showed only a login page. I reported it as a false flag repeatedly, for weeks, with Google doing jack fucking shit.

Only after signing up in their search console and registering the site did the warning disappear.

They are abusively forcing people into their products. Fuck Google.

In case it wasn't entirely clear - Google can get fucked. Fuck Google.

otterley 4 hours ago | parent [-]

There’s nothing wrong with your dislike of Google. No matter how much you dislike them, though, the word “libel” has a meaning that should be respected. To opine that a site is unsafe is simply not libelous.

master-lincoln 6 hours ago | parent | prev | next [-]

That depends on jurisdiction. E.g. in South Korea true statements can constitute defamation too

tshaddox 6 hours ago | parent | prev | next [-]

That sounds like a spurious distinction. Pretty sure you can’t say “Person X is a murderer” and then say “well I’m only expressing my opinion, and in my opinion if you do something that annoys me that qualifies as murder.”

habinero 4 hours ago | parent [-]

Nope, not in the US. It is perfectly legal to say, for example, "Kyle Rittenhouse is a murderer" despite him being acquitted. You're entirely free to disagree with the result, that is an opinion. Any opinion based on public knowledge is ok. It doesn't even have to be reasonable or rational.

What you can't do is imply non-public knowledge, aka "I heard from my cousin who works in law enforcement that Kyle murdered a hobo when he was 12 but the records were sealed", or state specific facts that can be proven true or false: "Kyle murdered a hobo on September 11, 2018 out back of the 7-11 in Gainesville, FL"

The standard for libel/slander is much, much higher than people think. It's extremely difficult to meet them, and for public figures, it's almost impossible.

otterley 2 hours ago | parent | next [-]

> It is perfectly legal to say, for example, "Kyle Rittenhouse is a murderer" despite him being acquitted.

That's ... not quite true. I wouldn't go that far.

habinero 16 minutes ago | parent [-]

Sure it is, that's how the 1A works. Saying he was convicted of murder is not true, but calling him a murderer is an opinion. Your opinion doesn't even have to be reasonable. It just has to be based on facts that both you and I have.

1A rights are construed really broadly. The courts don't do the 'he wasn't legally convicted therefore it's illegal to call him one' thing.

4 hours ago | parent | prev [-]
[deleted]
roger110 6 hours ago | parent | prev [-]

In my opinion, a .online domain is unsafe. 99% of people only visit ".com"s unless they clicked a scam link. Completely blocking the site is overkill, but the browser should warn you about it like it does with non-SSL sites.

master-lincoln 5 hours ago | parent | next [-]

thanks for the laugh. Even if you only meant people from the US this is likely not true. What about government websites at .gov? 99% never visit them?

In other countries local TLDs are of course normal (e.g. .it for Italy, .za for South Africa, .cn for China...) and not only used for scam links.

LoganDark 6 hours ago | parent | prev [-]

What? I find myself on .net-s and .org-s all the time. For example... Wikipedia is .org. Do 99% of people not visit Wikipedia?

mystraline 7 hours ago | parent | prev [-]

They should be held legally culpable for libellous claims they make.

I dont care if their pre-LLM ai says "thingy bad". They are responsible for the scripts or black boxes they control. I dont care if they dont give a reason.

Claiming bad/malicious/etc site is 100% libel. And doubly so, anybody who has been forced to agree to a ToS with binding arbitration should have it removed for libel.

otterley 7 hours ago | parent [-]

> Claiming bad/malicious/etc site is 100% libel.

No it isn't. https://www.law.cornell.edu/wex/defamation

Please, use words correctly.

hamdingers 6 hours ago | parent [-]

The words in your link do not support the words in your comment. Don't be snarky unless you are certain you're correct.

> a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

They falsely marked the site unsafe[1] on a published list[2], the results weren't checked and couldn't be appealed[3] and OPs site was taken down[4].

MadameMinty 6 hours ago | parent | next [-]

Sounds textbook to me.

habinero 4 hours ago | parent | prev [-]

It does. "Unsafe" is not a fact, it's an opinion.

rtsam 3 hours ago | parent [-]

"When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"

Opinions and facts in a legal context usually comes down to who is saying what. Someone personally says "this soup is bad" on a review site = opinion. A news site plastering it on their front page = fact.

A person saying something as an individual is usually considered an opinion. A company doesn't have that same protection.

otterley 2 hours ago | parent | next [-]

> "When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"

Whom are you quoting here? A court opinion?

habinero 3 hours ago | parent | prev [-]

Nope. Not correct. Companies have the same 1A rights, too.

In the US, it really doesn't matter who says it, the only thing that matters is who it's being said about.

If you are a "public figure" -- which is a much broader category in 1A law than you think -- then in order to prove defamation, you have to prove the thing was false _and_ that the person saying it knew it was false at the time. Not that they were mistaken, not that they were careless, not that they knew later, they deliberately lied and knew they lied as they said it.

If your next question is "how do you prove what someone was thinking", then yes. That is the reason it's nearly impossible.

rtsam 3 hours ago | parent [-]

Not talking about 1A rights or public figures. We are talking about

Opinions (Protected) vs Facts (Not Protected)

Defamation cases where individuals say something are usually considered opinions and companies are usually considered facts in the eyes of the courts. I say "Usually"

Defamation also DOES NOT require intent, but it requires a minimum level of fault (negligence)

Google saying something is unsafe in the web search or browser would not be considered an opinion because of their position of authority. It would not even be a debate since Google has already said they make decisions based on facts and data presented to them.

The only question is are they negligent in their assessment or response to a false report. And what would be the damages. In the case of a phishing report that is false courts would already consider it defamation per se (damages presumed)

otterley 2 hours ago | parent | next [-]

> Google saying something is unsafe in the web search or browser would not be considered an opinion because of their position of authority.

Everything the Supreme Court rules is an "opinion." And they're the ultimate arbiter of legal questions in the U.S.

Whether a statement is a fact and whether the person who said it is considered an "authority" or not are independent concerns.

habinero 28 minutes ago | parent | prev [-]

We are absolutely talking about the 1A lol. Defamation is 1A law. It is one of the few recognized exceptions to the 1A.

And we are also 100% talking about public figures. "Public figures" include companies and it's a critical part of 1A since Times v Sullivan.

Google is a US company and has 1A rights. That's how it works. The rest of what you said is nonsense and is your idea of how it should work, but has nothing to do with how it actually works.