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.
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.
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.
It’s not libel. Defamation requires a false statement of fact. 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.
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.
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.
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.
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.
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.
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.
No it isn't. https://www.law.cornell.edu/wex/defamation
Please, use words correctly.
> 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].
