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The Crossroads of Relevance and Censorship

1/11/2012

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_ There is a new, looming topic of concern spreading throughout cyberspace: relevance and the personalization of information. Although this is not a purely legal issue (maybe it’s not even legal at all), I think the issue is important and worthy of discussion.

This week, Google introduced new features for its search engine that give priority to Google+ results when someone conducts a search using its site. Google+ is Google’s social network, similar to Facebook, where individuals can maintain social pages.

The new features are being criticized because Google is unabashedly skewing search results in its own favor, highlighting its own search results and pushing others lower on the page (or off the page, as it may be). While this may seem like a minor change, this issue is part of a bigger discussion that has been brewing recently.

As search engines like Google continue to refine and enhance their search algorithms, certain policies are made that change the outcome or results of searches conducted online. The practical effect is that the information available online is now dictated by companies like Google. They decide what is relevant, based on what they feel you want to know, not necessarily what information is available in cyberspace.

A good example of this is the “Home” page of Facebook. Generally, when you look at the “Home” page, what you see are updates and pictures from the people Facebook thinks you want to know about. Not all of your contacts and Facebook friends are included. Long story short, there are various settings that you can change to avoid this, including sorting by time rather than by relevance, but the concept is the same: you only see what they want you to see.

This isn’t to say that Google has evil intentions and should be brought to its knees. Instead, the reason that I think this issue is important (and maybe even legally relevant) is because the policies set by Google, Yahoo, Twitter, Facebook, and others are effectively censoring the public’s access to information. And that is an important recognition.

So, while it may be convenient that your computer or phone recognizes that you live in a particular area of the city, and therefore modifies your search results for Chinese food for that neighborhood, just remember that there may be better information out there that your phone won’t let you find.

For additional information on this issue, please click on the following links:

http://www.youtube.com/watch?feature=player_embedded&v=bOE1HFEL8XA

http://www.bbc.co.uk/news/technology-16511794

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Hard Times Close Another Local Business

1/5/2012

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_ Today, the Denver Post published an article about a local business, M&D’s Cafe, which is closing its doors after 34 years in operation because it is unable to make payments on its loans or pay its taxes. The story is important because the cafe was a major presence in its neighborhood, and it is an example of how the economic downturn continues to affect businesses - even those considered to be landmarks.

In November, I wrote an article about the City of Denver’s Office of Economic Development (OED), and the emphasis that Mayor Hancock is placing on small business development (Bureaucracy Better For Business?). The article discussed the small business lending programs that the City offers, where traditional financing through banks is unavailable. It just so turns out that M&D’s was a recipient of one of the loans through the OED, and that the City of Denver is foreclosing the loan.

While the Post maintained its journalistic neutrality and reported the case in an honest light, it is hard to read the article and not feel that the City is the bad guy in this case. But, it is important to remember the role that the OED plays in making small business loans. When you read about a foreclosure it is easy to lump the City’s lending program in with the other bad press about banks. However, what is important to remember is that the OED’s lending program gives small businesses the opportunity for financing and another chance, where traditional financing alternatives are not available.

So, while it is sad to see another business close its doors due to hard times, it is also important to keep in mind that the OED’s lending program made it possible for M&D’s to keep serving the community for a little longer that it would have otherwise.
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    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

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