Facebook Opens Signups To Android Beta Program So You Can Help Test And Improve Its Apps

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Today Facebook announced and is now taking signups for its new Facebook For Android Beta Program that uses Google Play’s new beta system to push pre-release versions of its apps to users so they can help it catch bugs and offer feedback.

Product Manager Ragavan Srinivasan explained Facebook is doing this ”to give people early access to versions of Facebook we’re planning on shipping, and get feedback from real-world users to improve our products before shipping to all our users.”

Facebook has published a blog post with more details, but here’s the signup link and how the program works:

  • Sign up to to become a member of the Facebook For Android Beta Testers Group on Google Groups or Google+
  • Opt in to Google’s beta testing system policies
  • Download the beta app, use it normally, and access the bug-reporting option in the slide out navigation menu to send feedback directly to Facebook
  • Join the Facebook Group for beta testers to pass feedback back and forth (optional but strongly recommended)

You might think it’s curious that Facebook would build on Google’s social networks to run its beta program, but those are Google’s rules. The companies actually work together quite frequently, such as on Facebook’s new Google Glass app.

Facebook’s also been quietly providing beta versions of its apps to partners in the mobile space, including Qualcomm, HTC, Ericsson, Sony, Huawei and MediaTek. Director Of Engineering Mike Shaver said that Facebook gets extra testers, but these companies get to ensure that Facebook, a core part of the mobile experience, runs properly on their platform. “It’s a mutually beneficial relationship” said Shaver.

The program will give eager beaver Facebook addicts a crack at the latest features before everyone else, though they may have to endure some bugginess. Facebook previously used a less-regulated Android beta system that bypassed the Google Play store, but Google shut it down and replaced it with this new program that launched at I/O last month.

At the most basic level, Facebook wants to catch edge case bugs. Shaver explains how testers at Facebook headquarters might not catch problems that arise when someone in Southeast Asia tries to use Facebook on an old phone and a crummy carrier. This will broaden its tester ranks to include people all over the world with all sorts of behavior patterns and social networks.

Beyond bugs, the program could also let Facebook twiddle backend knobs and front-end designs with a smaller audience to ensure changes have the expected and desired effect. Shaver admitted this might tip Facebook’s hand as to what’s coming next for everyone, but said it was worth it to make sure that what he calls “the most widely used and widely installed application on Android” isn’t broken.

In the blog post, Facebook explains, “This will give us the opportunity to eliminate our blindspots and identify a snapshot of the diversity of use cases to test our apps so when we push to our whole user base, everyone has a better experience. Whether someone is using Gingerbread or Jelly Bean, more complete testing coverage gives us the opportunity to make sure more people can access a stable, high performance Facebook.”

Move fast and break things has just become too risky when it’s pushing to millions of Android users with every official update.

Ranker, “The World’s Ranking Platform,” Raises $2M From Lowercase And Others

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Ranker, a startup that asks users to “vote on the best and worst of everything,” is announcing that it has raised $2 million in new funding.

If you visit the Ranker site, you’ll basically be overwhelmed with crowdsourced lists, like this list of the funniest movies of all-time (I agree with the top choice, but The Hangover at No. 2??? Madness!) and this one highlighting the best sulfate-free shampoos (I’m not even sure what that means).

Users can vote on each item in the list, follow a list, add items, and create lists of their own. Other sites, like the Canadian Broadcasting Corporation, can use Ranker’s technology for their own polls.

That might not sound like a hugely innovative idea, but founder and CEO Clark Benson said there’s more going on “under the hood.” Basically, Ranker is using all the data that it has gathered to build an “opinion graph” that can show how different opinions are related to each other. For example: “People who like X also like Y, and think Z is expensive.” (The company says it’s also using data from Freebase and Factual to help build this graph.) Benson’s long-term goal is to figure out how the graph can be used by other companies, so that Ranker can build a data business to supplement the money that it’s already making from advertising and affiliate links.

Plus, the site’s already quite popular, with nearly 8 million visitors and more than 78 million pageviews in the past month. Lists can be addictive and entertaining, and Ranker argues that the crowdsourced recommendations are actually more useful and reliable than any one person’s opinion.

As for the funding, it came from new investors Lowercase Capital (founded by Chris Sacca), BullPen Ventures, and Data Collective, as well as previous backers Draper Associates, Rincon Venture Partners, Siemer Ventures, TenOneTen, Tech Coast Angels and Pasadena Angels. Ranker has now raised $5.1 million.

Oh, and I don’t want to say that TechCrunch should definitely be ranked more highly among the best tech blogs, but, well, here’s the list. Do what you think is right.

It’s Time For The Concept Of “Photo Albums” To Die. Everpix Debuts What Comes Next

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The idea of organizing photos by hand into online albums is passé. It’s a concept that’s a holdover from a time when our photo collections were in physical format, and therefore more limited. That’s long since changed thanks to an explosion of smartphones, allowing us to now continually record our lives through photo and video. For two years, a photo organization startup Everpix has been building a platform to change the way we manage our photos, and today it’s launching version 2.0,  a major upgrade to the product which introduces new features like highlights, flashbacks and more.

In the revamped Everpix, a feature called “Highlights 2.0″ allows users to visually search through their photo collection more quickly by picking out the best photos to represent an important moment, like an event you attended or a place you visited, for example. When you switch these on in the app, you no longer have to scroll back through the hundreds or thousands of photos you took in a given year, but can instead tap into the selected photos to be transported to the collection of photos that item represents.

That’s not to say that a single “moment” will only be represented by one photo, however. In tests, a handful of photos from any given moment were chosen to become the “highlighted” ones for easy scanning. That being said, they were generally well-chosen and simple to recognize at a glance.

Also new in Everpix 2.0 is “Flashbacks,” a concept which is somewhat reminiscent of the nostalgia-focused efforts from a startup called Timehop, in that it’s also a way to dig into your past. But while Timehop takes the “this day in history” approach, Everpix Flashbacks does that, too, plus offers a section that lets you explore photos by category, including categories “food,” “nature,” “city,” “people,” “animals,” as well as by clicking the serendipitous discovery feature “shuffle.”

It’s an interesting idea in theory, but in practice, needed a bit of work with food shots appearing in “city,” people in “animals,” etc.

The company’s mobile apps were also refreshed today to offer continuous scrolling through photos, and improved image analysis, as well as to integrate the new features. The end result is a more enjoyable photo browsing experience, and one which feels more modern than the dated concept of moving through – or worse, having to create – traditional photo albums.

But Everyone Does Automatic Collections Now

However, Everpix still has challenges in terms of the increasing competition from not only other photo-sharing startups, but now the giants, too.

When Everpix first launched at TechCrunch Disrupt in 2011, it joined only a handful of other startups which were trying to make sense out of our ever-growing number of photo uploads. Instead of acting as a photo host, like Flickr, Everpix smartly grouped photos into “Moments” – automatic albums based on time and location, which also detected bad and blurry photos and hid them from view.

Since then, that concept has been repeated time and again in a number of apps, including those that have come before Everpix as well as those that launched after. Apps like Moment.me, flayvr, Tracks, Cluster, Story, Flock, Photoful, and others offer their own take on location-based and automatic photo organization, while others like ThisLife have exited, and, in the case of aggregator Snapjoy, have since shut down post-acquistion.

More importantly, though – and perhaps more worrisome for startups like Everpix – are the moves that companies like Apple and Google have now made to offer similar capabilities to their users. When Google introduced its revamped version of Google+ Photos at its I/O conference in May, for example, it demoed new features which allowed it to automatically filter out duplicates, highlight your best photos, auto enhance them and more – even turning a series of images into animated gifs, no less!

Later, at WWDC, Apple introduced its latest mobile operating system, iOS 7, which now offers a feature that automatically organizes photos into “Moments,” by day or location. Users can also zoom out on those moments to see all photos taken that day, or even that year.

Though Everpix offers a different feature set, Apple and Google are making their tools free to users. Plus, Flickr also recently revamped its plans to offer a terabyte of storage for free. Now it’s only a matter of time before Flickr starts to make its photo streams more intelligent, too. (Perhaps through the acquisition of a startup with the smarts to do just what Everpix does, in fact. And Yahoo is shopping).

Meanwhile, Everpix’s business model relies on converting free account holders to subscription plans so they can view all their photos through the beginning of time, instead of just those taken in the past year. Co-fonder Pierre-Olivier Latour says declined to reveal user numbers, but says half of free users are monthly actives, and the company has “double-digit subscription rates significantly higher than typical freemium rates.”

As much as I love what Everpix offers, I’m itching for something like this to be combined with one or more of the photo hosting, automatic upload, and social photo sharing services I already use: Flickr, Google+ Photos, Facebook, iCloud, etc. It’s hard to entirely abandon these larger services because of the way they’re connected to our devices through auto uploads, our social networks through easy sharing tools, and more. That leaves Everpix with a service you have to remember to use for specific needs – organization and discovery – as opposed to one that can do it all.

The new Everpix is available here.

Weddings Used To Be Sacred And Other Lessons About Internet Journalism

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Editor’s note: Sean Parker is the executive general partner at Founders Fund. Previously he was co-founder of Napster, as well as the founding president of Facebook. He currently serves as a director of Spotify. Follow him on Twitter @sparker

Our Wedding

My wife Alexandra and I met five years ago, fell in love, and almost immediately began fantasizing about our wedding day, which, we both agreed, should take place deep within an enchanted forest. (You know, sort of like Lothlórien, the mythical home of Galadriel in Tolkien’s Lord of the Rings.) We wanted our wedding to begin with “Once upon a time…” and end with “…and they lived happily ever after.” But life rarely works out the way it does in fairy tales, as much as we hoped it would. The story I’m about to tell, ironically, begins where many fairy tales end: with a wedding.

On the day of our wedding, our friends and family walked by foot down a long winding path to the ceremony site. With each step the landscape grew ever more magical, more lush, and more surreal. Eventually our guests reached a beautiful gate in a clearing, just prior to entering the forest. Through that threshold, they left the ordinary world behind and entered an extraordinary world imagined as a kind of collaborative art project between me and my wife-to-be, Alexandra.

We wanted our wedding to be spiritual, though not overtly religious. Everyone is familiar with man-made cathedrals, but there is another kind of cathedral, built by God. In many old growth forests, redwood trees naturally grow in a circular configuration around the nutrient-rich soil where a dead tree once stood. Standing inside these clusters of trees, engulfed on all sides by the forest canopy, it’s hard not to be moved by the majesty of this natural “cathedral,” an ancient setting of unparalleled beauty.

We spent the better part of two years hiking through redwood forests all over California, trying to find the perfect spot for our wedding. Finding an old-growth redwood grove suitable for a wedding is no easy task.  We enlisted the help of Save the Redwoods League, a noted conservation group, to help identify an appropriate site and also to provide advice on how to avoid harming the natural redwood habitat. With their guidance, we ultimately settled on a redwood grove within the campground of the Ventana Hotel & Spa in Big Sur, chosen largely because the site had already been developed, thereby minimizing the impact on the forest and avoiding the issue of a large number of guests trampling a “pristine” forest.

The vision for our wedding was to integrate with nature as much as possible — to bring out the natural beauty of the site while incorporating the kinds of modern amenities that one needs at a wedding. Because we wanted to avoid any harm to the forest, we asked the league to send their Director of Science, Emily Burns, down to the site to advise our landscape architect on “best practices” for working within the forest.

After the ceremony many of us felt as though we never wanted to leave that forest, and indeed many guests remained there until the sun came up the next morning. We lay on the flower-strewn pathway, looking up at the redwood canopy above. The fog rolling in from the ocean enveloped us, imbuing the moment with a feeling of supernatural bliss.

The Monday after our wedding we woke up in our hotel room, newly married, and still buzzing from the most exciting day of our lives. With all the stresses and anxieties of wedding planning behind us, we were finally ready to relax, take a deep breath of ocean air, and enjoy the romance of being together in Big Sur. Many of our friends who lingered recounted their memories of the wedding, describing the event using words like “beautiful,” “tasteful,” “enchanted,” “epic,” and “a fantasy.” There was a kind of magic in the air, and most newlywed couples would have been free to bask in the afterglow of that moment.

The Aftermath

We were not so lucky.

We awoke that morning to a media backlash of epic proportions, a firestorm of press attacking our wedding with the most vitriolic language we’d ever seen in print. At the same time, a mob of Internet trolls, eco-zealots, and other angry folk from every corner of the Internet unleashed a fury of vulgar insults, flooding our email and Facebook pages.

This was the sort of angry invective normally reserved for genocidal dictators.

These reactions were so extreme, so maniacal, so deeply drenched in expletives, they seemed wasted on us; this was the sort of angry invective normally reserved for genocidal dictators. Some of them were so over-the-top that, had the circumstances been different, we might have found them amusing. Of course, it’s hard to find anything amusing when strangers are publicly attacking your wife two days into your marriage. This was supposed to be the most intimate, sacred, precious and romantic event of our lives: our wedding day.

But nothing is sacred on the Internet, not even a wedding. The headlines made a hysterical case for the damage done to the site with such titles as: “Eco-wrecking Wedding“; “Ecological Wedding Disaster“; “$10 Million Destruction of a Park“; and “Tasteless Eco-trashing Wedding.” We were charged and convicted, by the Internet press and the court of public opinion, with every imaginable environmental crime.

Our wedding, it was written, illegally damaged the redwood forest, trashed a Big Sur campground, and threatened the habitat of a special-sounding fish, the “endangered” steelhead trout. The press described how we had “trampled” a “massive ancient redwood grove,” run roughshod over a “pristine” public park, leading to “sedimentation” of a creek that was a spawning ground for steelhead trout. The press claimed that redwood trees had been cut down by bulldozers, and that we had destroyed this very sensitive, fragile, redwood habitat. The wedding was widely derided as “tasteless,” “obnoxious,” and “extravagant.”

Nothing is sacred on the Internet, not even a wedding.

If our friends were sending us congratulatory messages, we never saw them. If Alexandra’s friends were complimenting her choice of wedding dress, she missed those messages. Indeed, if anyone was saying anything nice about our wedding, it was completely lost in the noise, drowned in the sea of hateful, spiteful messages. Our marriage announcement and wedding photo on Facebook elicited hundreds of these messages from angry bystanders telling us to “fuck off,” and calling us “selfish,” “contemptible,” “disgusting,” and “hypocrites.” Descriptions of me included the words “douchebag” and “prick,” of my wife, the words “gold-digger” and “whore.” Luckily amongst the rabble were some unusually creative hate-mongers who managed to keep our attention by dispensing inventive insults like “douchemonster,” “jackassery,” “jackwagon” and, my personal favorite, “douche canoe.” (I have no idea what a “douche canoe” or a “jackwagon” is, but I’m assuming they are neither forms of transportation nor compliments.)

We were told that we should be “hung” for our crimes, “preferably on a lamppost since trees are too good [for them].” A number of people thought jail time “to make an example of [him],” was warranted. A more thoughtful commenter suggested that “jail time in Salinas with the Norteños” would be a more appropriate punishment than, you know, regular old jail time. That just wouldn’t do.

We expected the histrionic media backlash to be short-lived. That may have been wishful thinking. The assault continued for days, with wave after wave of articles, each headline more hyperbolic and more scathing than the last, each story further inflating the alleged cost of the wedding, the damages, and the personal attacks.

After days of enduring this public beating, I had reached my limit. I took to the Internet to defend our wedding, hastily penning a letter intended to refute the most damning story, Alexis Madrigal’s post in The Atlantic Wire, which had labeled our wedding “the perfect parable of Silicon Valley excess.” Though not alone in his criticism, Madrigal’s voice stood out among the crowd of voices condemning our wedding, partly because his story was better articulated and came from an otherwise credible writer, and partly because it drew sweeping conclusions about me and Alexandra, our intentions, and the deliberate and wanton nature of our so-called crimes.

Never mind that none of the accusations were actually true. Truth has a funny way of getting in the way of a great story.

Setting the Record Straight

I cannot be too hard on Alexis Madrigal, as he was kind enough to read my email, kind enough to apologize, and had the strength of character and journalistic integrity to post my email publicly along with a sort of retraction, something most reporters would be too prideful to do. As I wrote in my response to him, nobody chooses to get married in a redwood forest unless they love redwood forests. Furthermore, our wedding did not take place in a park, on a nature reserve, or on any other form of protected public land. We rented our wedding site from a company operating a luxury hotel, the Ventana Inn & Spa, owned by two multi-billion-dollar private equity firms, both experienced players in California real estate. The site of the wedding was a private, for-profit, vehicular campground, largely paved over in black asphalt, full of compacted dirt, giant holes dug in the forest floor and mounds of dirt piled up around those holes.

Never mind that none of the accusations were actually true. Truth has a funny way of getting in the way of a great story.

This property had been used for events before, including at least one wedding. When we first visited the site, the road-surfacing machines were still laying fresh tarry asphalt across the remaining unpaved parts of the campground, and bulldozers were dredging out camping “pads” for RVs to park in. The entire forest floor was gone, replaced with dirt and asphalt.

The natural vegetation you would expect to find in a pristine redwood forest had been bulldozed – no sorrel leaf ground cover, no ferns, no wildflowers. While many old growth trees remained on the property, the site had been subjected to a century of logging, and much of the remaining forest was second or third growth. All of the greenery you see in our photos, the ferns and other plants, had to be brought into the site, by us, in order to recreate the look of an undisturbed redwood forest, which this forest was decidedly not.

Many press reports have focused on the notion that we had somehow harmed the environment. This is simply not true. No redwood trees were harmed in any way. No endangered species were harmed, and, in fact, none were resident on the property. Fabric liners were used to protect the ground from our landscaping work. We were careful not to plant directly in the ground – we brought in potted plants instead.

We had no obligation, legal, contractual or otherwise, to apply for permits.

Lisa Haage, the California Coastal Commission’s Chief of Enforcement, said at the Commission hearing last Friday that “the environmental damage from the wedding-related construction work was less serious than we had originally feared, in part due to the fact that the large majority of the development was performed on a campground and existing road, not in a virgin forest.”

From the outset, our goal was to leave the forest in significantly better condition than we found it. Everything on site was built to be temporary. The set pieces were hollow, created off-site and pieced together like Legos on the property. Even the stonework had no mortar inside it to facilitate easy disassembly.

We had no obligation — legal, contractual or otherwise — to apply for permits. We weren’t the property owner, nor were we “leasing” the property from the owner. We had paid the hotel an event fee in order to make use of their campground for the purpose of hosting our wedding. We had no legal standing to apply for permits related to a property we didn’t own. Not only that, we couldn’t have known what permits were required short of asking the property owner, which we had done prior to renting the property, and the management of the hotel had informed us that none were required. It was incumbent upon the property owner to inform us of any land-use restrictions or permit issues related to the property.

From the outset we shared our plans for installing theatrical backdrops and other wedding-related equipment with the hotel. And the hotel was an active participant in the construction process — it wasn’t as if we were making preparations on Mars — this was all happening in the hotel’s backyard, and the hotel management was onsite every day supervising the project. They never hinted at any issues with the California Coastal Commission or any other government agency. In fact, I had not even heard of the California Coastal Commission until this incident. Why would I have? I don’t own any property in the California coastal zone. Had I known about any of these issues prior to renting the site, I would have taken my business elsewhere.

“The environmental damage from the wedding-related construction work was less serious than we had originally feared, in part due to the fact that the large majority of the development was performed on a campground and existing road, not in a virgin forest.” – Lisa Haage, California Coastal Commission

Then there was this question of a certain fish, the “steelhead trout,” that was purportedly threatened by our wedding preparation. The media reported that this fish was an “endangered” species whose spawning ground was a creek near our wedding site. Yet a simple Google query of “steelhead trout” reveals that this fish is not, as the media had reported, a truly “endangered” species, but rather a fancy variant of the common “rainbow trout” that is abundant across North America — so abundant, in fact, that it is sometimes considered a pest species. (The steelhead, like salmon, travels upstream and spends its life in the ocean. This variant of the rainbow trout has seen its populations fall in some areas of California where it is protected, but it’s hardly the endangered species the press made it out to be. In fact, the National Wildlife Federation reports that rainbow trout is “not at risk of extinction.”)

The California Coastal Commission’s own publicly available report on the matter refers to a stream, called the Post Creek, that apparently runs through the property, although they were noncommittal about whether or not the trout was actually present in the stream, or even if the stream contained enough water for the trout to spawn. There was a chance, the report stated, that our construction “could” have led to sedimentation of this stream, which in turn “could” have prevented fish from getting on with their business. In the days leading up to the wedding, multiple biologists visited the site and their reports confirmed “no increased turbidity” in the stream, meaning no “sedimentation” had occurred. Even more ridiculous, the part of the creek where these fish, if they existed in the creek at all, would have been spawning, was not on the part of the property where the wedding construction had taken place.

If only the media had read the documents, perhaps this public crucifixion would have abated. But no, the media couldn’t be bothered with any of these facts, hidden as they were in plain view, especially since they were engaged in the serious business of reputation assassination against a “disgusting,” “appalling,” “eco-trashing,” rich guy. So it’s not surprising that the media also conveniently failed to mention the most important detail of all.

The campground, which was supposed to be open to the public as a for-profit venture of the hotel, had actually been closed since 2007, largely due to a rather unfortunate, and literally stinking incident. It turns out that Monterey County inspectors had discovered the presence of human waste leaking into Post Creek. The nearly dry, putative spawning ground of the steelhead trout, had, in fact, become a bath of human waste stemming from the faulty, or otherwise inadequate, wastewater treatment facility on the hotel property. This led Monterey County to issue an order, for obvious public health reasons, to close the campground pending the remediation of this wastewater treatment facility.

This was a big part of what the media had missed in its rush to judgment. Due to the publicity around our wedding, the commission began looking into the site and discovered, unbeknownst to us, that the campground had been illegitimately closed to the public for six years. The major infraction, from the perspective of the California Coastal Commission, was not damage to the redwood habitat caused by the wedding, but rather the fact that development had occurred on the site without the property owner (the hotel) seeking a permit, and, moreover, that the hotel was obligated to keep the site open to the public as a commercial campground. This issue — the closure of the campground to the public — was not caused by us, it was in no way our fault, but it was unearthed when the commission began investigating the hotel due to our wedding.

The media couldn’t be bothered with any of these facts, hidden as they were in plain view, especially since they were engaged in the serious business of reputation assassination.

In order to understand the importance of this issue, one must first understand that the California Coastal Commission is charged with two primary responsibilities: first, regulating development in the coastal zone in order to protect coastal resources; and second, ensuring public and recreational access to the coast, considered to be a public resource in California. The commission is empowered to protect that public access via fines levied against property owners, but, technically speaking, it needs to take property owners to court in order to do that. The commission largely settles these disputes through contracts called “consent orders.” Even the name of these contracts emphasizes the fact that they are not so much “orders” as they are, strictly speaking, consensual. Only when the commission is unable to reach these settlements do they refer the matter to the court system, an expensive process for California taxpayers, and one that, in practice, rarely happens.

So the commission’s biggest issue turned out to have nothing to do with the wedding itself: The commission was upset that the low-cost campground had been closed to the public since 2007. In a settlement agreement dating back to 1982 between the California Coastal Commission and the Ventana, the hotel was required, as a condition of its permit to operate a luxury hotel, to maintain this public camping facility. That plan was derailed when noxious human waste started showing up in the creek some years later and Monterey County shut down the campground.

The commission claimed they were never properly notified, effectively pitting the desires of these two government agencies against each other. The Ventana was, in the eyes of the commission, liable for damages related to the campground closure from 2007 onward. This was acknowledged publicly on June 12th by commission spokeswoman Sarah Christie who told the Monterey County Weekly: “Mr. Parker, in essence, leased an ongoing Coastal Act violation when he leased the campground.”

The Media Reaction 

“It does not do to leave a dragon out of your calculations—if you live near him.” –J.R.R. Tolkien

The biggest mistake we made in wedding planning was forgetting about the media: that silent, invisible dragon breathing down our necks all along. Nothing has been more shocking to me than the media’s handling of this “controversy”: there were hundreds of articles written, and yet — incredibly — there was only one reporter who bothered to ask us for comment prior to publishing their story.

While not every publication operates this way (some abstained from participating in a public lynching, and a few traditional journalists such as this publication and this one published accurate rebuttals afterwards), the fact that so many did engage in the misinformed attacks, even credible outlets like The Atlantic, stands as a stunning testament to the state of online journalism. How could nearly every single reporter have failed to conduct any interviews with anyone at all, let alone ask the very subject of their stories for comment? We would have gladly responded and perhaps much of this anguish could have been avoided.

In the fast and-loose world of “blogging for dollars” it probably feels like a waste of time to do original reporting when writing snarky stories with a paucity of facts is a more efficient way to generate traffic.

I have known the media to be irresponsible at times, but this represents a new low. The media should not get a free pass for publishing erroneous information, making baseless allegations, and impugning the sanctity of a private wedding, especially without conducting any investigation or interviews. Rather than basing their reporting on primary source material, the online tabloid press just piled onto the story, sourcing each other, and churning out increasingly sensational and exaggerated headlines as fast as they could type them. I’ve never seen a story get so much play where nearly every reporter did no original reporting.

They literally couldn’t be bothered with it: Hundreds of reporters called exactly zero sources, asked exactly zero questions, did exactly zero research, and even managed to ignore the information contained in readily available public documents. In the fast-and-loose world of “blogging for dollars,” it probably feels like a waste of time to do original reporting when writing snarky stories with a paucity of facts is a more efficient way to generate traffic. Regardless, it was astonishing to see this volume of inaccurate, derivative stories written without any concern for fact checking or sourcing.

When I got started in this industry almost 20 years ago, things were different. Back then there were no blogs, no Twitter or Facebook, and the editorial world was still a growing business. The reporters I interacted with diligently researched their stories, tracked down sources, conducted interviews, and even fact-checked their stories before publication. The trouble with online media is that there’s no incentive for them to do any of this. It’s easier to generate traffic with snarky stories than hard news, and there’s no downside for getting the facts of a story wrong, or even making it up entirely. The law offers no recourse, since being a “public figure” denies you, for all intents and purposes, any protection under libel laws. The blogs attack you, do their damage, and then move on to their next target. Now, because of the permanence of the Internet and the ease of Google, these vicious online attacks leave behind a reputational stain that is very difficult to wash out.

Anatomy Of A Crisis

The story of how we ended up stuck with a $1 million bill for infractions that were not, legally, our responsibility, and how we decided to make an additional $1.5 million in charitable contributions, begins as most things do, with a leak. Alexandra and I had been working towards the vision of our perfect fairy-tale wedding for close to two years.

A slightly embarrassing confession is in order: My wife and I are huge nerds. And as the press has speculated, we threw something of a big fat nerd wedding. Alexandra and I have always been fantasy buffs, in particular devotees of “high fantasy.” We both devoured books in the genre growing up and we both reserved a special place in our hearts for Tolkien, seeing as how fantasy, or as Tolkien puts it “fairy stories,” could be a device for exploring big archetypal human themes with a strong moral compass. Good and evil. Power and responsibility. Death and immortality. As a young girl, Alexandra was a member of a fantasy writing society. She’s loathe to admit it, but she even celebrated a few recent birthdays at Medieval Times.

One of the most salient themes of our ceremony, and also of our vows, was the notion of “sanctuary” – finding a literal and existential place of solace where my wife and I could be together, alone with our thoughts, at peace with ourselves, able to express ourselves openly without fear of judgment or social scrutiny. In this sense, “sanctuary” is about the freedom to express our “true” selves to each other, which is fundamental to intimacy. Such a place is increasingly difficult to find in our technologically supercharged and hyper-connected world. Unless you’ve chosen to lead a monastic life, apart from society, then you are undoubtedly subjected to socially reinforced notions of who you are and what you represent within your society. For those cursed with celebrity or notoriety, the imposition of external assumptions about your identity is only exaggerated.

We chose a setting for our wedding that was a literal expression of our search for sanctuary — a place that was safe, private, and intimate. We chose a remote location (Big Sur), invited no press, and did our best to conceal that location from the press. We didn’t court attention — quite the opposite, we asked guests to check their cell phones and cameras at the door and we didn’t sell our photos to tabloids. It’s possible that the backlash which compromised the sanctity of the event was exacerbated by our desire to preserve the privacy of our special day. (The monsters of the tabloid press, like dragons, are happier when fed.) In the frenzy to cover our wedding the press had nothing to run but construction photos of the wedding and nothing to talk about but this bogus eco-destroying theme.

Our wedding was the antithesis of the technology-infested world we live in; a world that I have played a role in creating. It was an homage to the natural environment. It was also a once-in-a-lifetime opportunity to force 364 otherwise self-respecting adults to dress up in elaborate fantasy-inspired costumes, a feat of mischief that we were delighted to attempt. The Academy Award winning costume designer (for “Lord of the Rings”), Ngila Dickson, was our co-conspirator, and her brilliant designs exceeded even our wildest dreams.

This emphasis on privacy was why it came as such a surprise when the tabloid news outlet TMZ began making claims about our wedding, including wholly exaggerated claims related to the money we were spending on it. These fictional rumors raised questions in the local community about our wedding. This was our first clue that there might be issues with the media, yet with a couple of months to go before the wedding, things seemed to be on track. My relationship with the Ventana was cordial, and I had no reason to expect any major glitches.

Then disaster struck. Just 20 days prior to our wedding, the hotel received a call from the California Coastal Commission asking us to stop work. The media attention around the wedding had incited the curiosity of the local community who had referred the matter to Monterey County, who in turn had referred the matter to the commission. We’d never heard of the commission at that point. Naturally we complied with the request and I scrambled to find someone who knew something about this mysterious government agency.

After two years of wedding planning we were now within weeks of the big day. By that point, all of our guests were already booked into hotels and all of the preparations had already been made. The weeks preceding a wedding are critical; they’re the busiest weeks for the planners, designers, and staff. There were hundreds of creative people working on the project who had poured their hearts into it, just as we had. Now my bride-to-be was in danger of losing her wedding. I didn’t want to let her down.

As soon as the Ventana found out there was an issue they threatened to cancel the wedding unless I entered into a broad indemnification agreement. We had nowhere to turn at that point, no backup plan, and there was no place in the Big Sur area that could accommodate 360 guests. We had all of our equipment, materials, decorations, and other items on site and we would not have been able to relocate them without a commission settlement. Ironically, if the process of placing everything on the site constituted “development,” then so would the process of removing it. I was caught in the middle of this dispute between the Ventana ownership and the CCC, doing my best to help them resolve the issues so the wedding could proceed.

The commission provides a “temporary event exemption” which should, in theory, cover the kind of temporary development that goes into a wedding. (Although the modifications we made to the site were all temporary, our wedding involved some heavy landscaping, such as stonemasonry, the installation of a small fake pond, and other theatrical flourishes that might have disqualified it.) All of the work we did, it should be noted, was placed on the existing paved or cleared areas of the campground, and it was all designed from the outset to be removed immediately after the wedding.

We were backed up against a wall. Ultimately, the Ventana was unwilling to accept any financial responsibility and preferred to cancel our wedding rather than work things out with the commission. We had no choice but to step in and pay for all of their violations, both the un-permitted construction and also past liability related to the campground closure.

Those 20 nail-biting days leading up to the wedding were some of the most stressful days of my life; we had no assurance the wedding would even take place. At the lowest point in the whole process I had to inform Alexandra that there was a very good chance we would not be getting married on June 1. The anxiety of moving forward with a production this big and this important without certainty was dreadfully taxing.

The commission alleged that un-permitted development had been undertaken. Not wanting to appear “soft” on rich people in a high-profile case, the commission took a hard line in its staff report on the possible harm caused. As much as I respect the mission and hard work done by the California Coastal Commission, it is important to note that the world of “consent orders” is a world of hypotheticals. Everything in a consent order is alleged, not proven, and the commission generally takes a “kitchen sink” sort of approach toward creating these consent orders and accompanying staff reports. The key to writing an effective one is to pick out every imaginable, conceivable, possible argument one could make, no matter how far-fetched, in order to justify the largest possible fine against the alleged infringer. Without direct effective enforcement power, the commission is forced to take this aggressive stance, laying out their allegations in much the same way that a plaintiff drafts a lawsuit.

This point is illustrated in the words of Mary Shallenberger, chairwoman of the commission: “If Mr. Parker had not been willing to settle with us, if he had dug his heels in and said, ‘Heck no,’ you know, the only option would have been to go to court on this issue. So I thank him for doing it voluntarily and working with our staff; but had he not been willing to do that, we would not have the authority to impose or even require that he negotiate with us and accept any kind of penalty.” (The commission probably needs greater power to impose fines like most other commissions, but along with this power they need to temper the ferocity of their approach.)

Some media reports took the position that wealthy people “can buy their way out of anything.” And yet my settlement was the largest settlement in the history of the commission. The reason it was so large was not because my violations were so heinous, but because I was backed into a corner and had no choice but to give in to any demands made of me by the hotel or the commission.

So-called “rich guys” don’t get any special treatment with the commission. If anything they get a worse deal. The commission is sensitive about appearances; they can’t be seen letting a “rich guy” off too easy. And there was nothing special about the fact that I settled with them rather than going to court. Since the commission cannot impose fines directly (they need to refer matters to the court system), they are highly motivated to settle cases. In fact, most cases are settled with “consent orders” and never make their way to court. This is good for the commission and it’s also good for the people of California — litigation is expensive and settlements bring in funds that can be used for coastal conservation and restoration projects. In a press release after the settlement was announced Mary Shallenberger states: “Any time we can settle a violation and avoid litigation, we consider that a good outcome.”

I spent five hours with CCC staff at their headquarters, and we worked out the terms of the settlement. I would be covering the $1 million in fines for un-permitted construction that was technically the hotel’s responsibility, covering their past violations, and also providing “mitigation” far beyond what would be normal in a case like this. The consent orders and staff reports are customarily written to sound harsh in order to justify the fines. This was part of what led the press, largely unfamiliar with the inner-workings of the commission, to draw such extreme conclusions. In its defense, the commission was kind enough to offer language in its press release about how I had “been cooperative,” but this was generally overlooked by reporters who chose to focus on the alleged infractions as though they were hard facts and, unfortunately, as though they were my fault.

Our wedding was set to occur on Saturday, June 1. We endured 18 days of brutal negotiation — a three-way negotiation between us, the hotel, and the California Coastal Commission. The tension grew with each passing day, and throughout this process we mentally prepared ourselves for the worst — that we would not reach agreement with all parties and that the wedding would be cancelled. The week of the wedding things were still unsettled. Finally, on the Thursday before the wedding we reached agreement, and by 6 a.m., the morning before our wedding, I signed the consent order. That settlement would cover not only the hotel’s liability for the un-permitted development but also a host of prior infractions that predated our use of the site. I also volunteered a rather large charitable contribution — $1.5 million — which would be used for coastal-related projects in the local community.

The wedding was going to happen. I was getting married. I would be able to see the look on Alexandra’s face when she walked down the aisle.

Our wedding day was a beautiful dream come true. After all the stress of the preceding 19 days, the wedding itself went off without a hitch. Afterwards we were excited to run away on our honeymoon and forget about everything.

Then the media backlash began. The next thing I knew the media was portraying me as a crass, insensitive, eco-trashing billionaire, cartoonishly driving a gigantic hell-razing bulldozer, gleefully plowing down what remained of “Fern Gully: The Last Rainforest.” The Sacremento Bee literally turned me into a political cartoon.

I had become the media’s latest whipping boy, an icon of the newly minted Silicon Valley elite gone bad, and now the media was clearly trying to peg me as the sort of symbol of excess who needs to make an appearance in popular mythology every so often. The 80s had Milken, the 90s had Ebbers, and the financial crisis of the last few years gave us an entire cast of villains, including the infamous Madoff. Maybe the media was growing impatient with the lack of recent criminal behavior from the super rich?

I suppose the myth that was created about me was too good of a story for people, including the media, to stop telling it. This myth about me lives on in spite of me, and after I’m gone, it may even live on without me.

I was pegged as the latest in a long line of public figures who fit this tired old stereotype, a corrupt, villainous businessman who co-opts the political system, shadily buys his way out of problems, and tramples a protected ecological zone in the process. For the media, I was just a convenient example of a next-generation business leader gone to the dark side. Yet I couldn’t escape the feeling that I was terribly miscast in the role I was being asked to play. For starters, the facts of the case didn’t support this portrayal, and my own attitudes and beliefs couldn’t have been more contradictory. My infatuation with redwood forests and conscientious approach to selecting and decorating the site were at odds with the depiction. And given my progressive politics, idealism, and general anti-establishment bias, I had the distinct feeling that, had any of these reporters actually met me, they might have been sorely disappointed by their choice of candidate; perhaps the way the Republicans had felt about Mitt Romney.

I’ve been used as a plot device before — the film The Social Network established this caricature of me in the media’s imagination: the morally reprehensible “brogrammer” douchebag. I had been mythologized. The more I thought about this notion, the more I began to realize that myths are stories that have a life of their own, stories so good that people keep telling and re-telling them, even if they’re not true. I suppose the myth that was created about me was too good of a story for people, including the media, to stop telling it. This myth about me lives on in spite of me, and after I’m gone, it may even live on without me.

If I was such a callous jerk, then why was the commission lauding me for my efforts? Shortly after the brunt of the backlash, on June 14, the public hearing of the California Coastal Commission took place and the Chairwoman, Mary Shallenberger, thanked me for the role I played in exposing the longstanding violations of the hotel: “I thank Mr. Parker for having his wedding there so we discovered all the violations and the six years where the public has not had access,” said Shallenberger.

 

 Protecting the Redwoods

There are very real threats facing the redwood forests. Our wedding was not one of them.

There are very real threats facing the redwood forests. Our wedding was not one of them. The media, in referring to the redwood forest, consistently used adjectives like “fragile” and “sensitive,” implying that the kind of work we were doing in the forest amongst these towering giants could somehow harm them.

The reality is that the redwood forest is a robust and resilient ecosystem, able to survive all manner of insults hurled at them by nature and humans alike, from fire, to insect infestations, and even drought. “Redwood forests are hearty places,” writes Emily Burns, Director of Science at the Save the Redwoods League and a specialist in redwood ecology. The hollowed-out shell of a burnt redwood tree, somehow still alive, is a familiar sight for anyone who has spent time hiking amongst redwood trees. There is even a popular tourist attraction, the Chandelier Tree, that lives on despite a massive hole cut in it the base of its trunk, a hole so large you can drive a car through it.

There is, however, one thing certain to destroy a redwood forest, and that is logging. The practice of logging redwood forests for their lumber continues in California to this day, and old-growth redwood trees are given no exception. Roughly one-third of all remaining old-growth redwood forest is owned by timber companies and, contrary to what one might expect, these trees are offered no protection under California or Federal law.

Prior to logging, it is believed there were at least 2,100,000 acres of coast redwood forest in California. Today only 5 percent of that original forest remains, and roughly 133,000 acres of that is preserved in California’s Redwood State and National Parks. At least 100,000 acres of old-growth coast redwood is in the hands of commercial timber companies, and therefore at risk, and very little is being done about it. In an email after the media backlash began, Emily Burns, of Save the Redwoods League, pointed to the flagrant absurdity of the response: “It’s amusing that people focus their attention on this event when the redwoods face actual threats elsewhere that are much more worthy of gossip!”

All of the misleading press about our wedding does nothing but reinforce the unhelpful misconception that old growth redwood forests are actually a protected ecosystem when they are not.

The League is one of the few organizations that is actually doing something about these threats, largely by raising money to purchase land, either to place conservation easements on that land, or contribute it to the state park system. During the introduction of enhanced logging technology in the early 20th century, which led to more rapid deforestation, the league played a vital role in saving what few redwood forests remain. They were early leaders in the conservation movement, founding the California State Park system and then purchasing as much old-growth redwood forest as they could for the past century. It’s largely because of their efforts that we still have any of the original old-growth redwoods left at all.

I strongly believe that redwood forest should be a protected ecosystem, but that is not true today. A variety of media reports related to our wedding stated that the area we were in was a “protected” ecosystem. The campground we rented was subject to land-use restrictions imposed by the California Coastal Commission, but, regrettably, redwood forests, themselves, have no special legal status in California.

I would argue that they should, that what remains of old growth forest should be protected from logging and development. (Despite the label given to California’s redwoods, “coast redwoods,” most of these forests are not located in the coastal zone and therefore they enjoy no protection by the Coastal Commission or any other state agency.) All of the misleading press about our wedding does nothing but reinforce the unhelpful misconception that old-growth redwood forests are actually a protected ecosystem when they are not.

The last two weeks have demonstrated just how cruel and senseless the online community can be. But Alexandra and I are pretty resilient people, and like the redwood trees we were married under, we’ve survived worse insults. There is no point pouting about what happened; we’re better off making the best of a bad situation. One way is by calling attention to the real crimes being committed against the redwood forest. We will continue to support organizations like Save the Redwoods League. We’re also going to do everything we can to make the $1.5 million charitable contribution we’ve offered really count. We are open to your creative suggestions as to how that donation should be spent. The project must be conservation or public access-related, and must be based on the Monterey Peninsula.

In the End, What’s the Lesson, Really?

If our wedding wasn’t “the perfect parable of Silicon Valley excess” as Alexis Madrigal originally claimed, then what kind of parable was it? What lesson, if any, should we, collectively, take from this saga? The perfect parable of our dehumanized detachment from each other, a result of the distance technology has created between us? The perfect parable of a broken, malfunctioning media? Or is it the modern version of the myth of Icarus, who dared fly too close to the sun?

This is the question for pundits. It may be that there is no lesson at all, at least not one that’s broadly applicable. Speaking personally, this entire experience has prompted me to think about the state of journalism, in particular the way in which social media, blogging, the acceleration of the news cycle, and the flattening of the media landscape have altered journalism over the past decade. One could easily write off what happened with a blanket criticism of the media: They’ve become link-baiting jackals who believe that “truth” is whatever drives clicks.

Yet this simplistic characterization overlooks the deeper structural changes the media has undergone in recent years, some of which I helped instigate. I have often wondered if we’re better off as a society now that the media has “opened up,” with fewer barriers to entry, less friction, and more voices included in the debate. Have the changes wrought by the Internet (broadly) and social media (narrowly) been helpful to civil society, harmful, or some combination of both? This is a question that must be posed to journalists themselves. As someone who is often the subject of press reports, I have only one part of the requisite experience to make that determination.

It would be easy to write-off what happened with a blanket criticism of the media: they’ve become link-baiting jackals who believe that “truth” is whatever drives clicks.

Regardless, I can’t escape the feeling that there is a kind of cosmic irony at work here. Readers of this publication are likely familiar with my career in the technology sector. I have spent more than a decade creating products built on the premise that the democratization of media was a good thing, that self-publishing, the free sharing of information, and the removal of the media “gatekeepers” would all lead to a freer, more open media — with the implied assumption that this was a “better” media. I practiced what I preached, both talking about and designing systems around the core belief that empowering people with the tools to more freely access and share information — be it music, links, photos, text, or any other form of media — could only make the world a better place.

Two of my companies, Plaxo and Facebook, were built around the idea that “identity” was a cornerstone of online discourse. I believed that introducing real identity — names and faces — into the anonymous free-for-all of the Internet, would lead to accountability, and that this was a necessary, if not sufficient condition for online discourse. Accountability would help enable civility and responsibility, facilitate the creation of systems that would allow the cream to rise naturally to the top. This, combined with clever algorithmic filters, might diminish the importance of human editors. I never believed “identity” was some kind of panacea, but it certainly seemed as though it was an essential deterrent to bad actors in a medium that had few, if any, standards of conduct.

And yet, as if by some process of karmic retribution, the mediums I dedicated my life to building have all too often become the very weapon by which my own character and reputation has been mercilessly attacked in public. No thanks to the moderating powers of identity and accountability, users of these mediums are happy to attack me publicly, in plain view, using their real names and identities, no veil of anonymity required. I have watched as these new mediums helped foment revolutions, overturn governments, and give otherwise invisible people a voice, and I have also watched them used to extend the impact of real-world bullying from physical interactions into the online world, so kids growing up today can now be tormented from anywhere. I have also witnessed these mediums used to form massive digital lynch mobs, which I have been at the mercy of more than once. I guess it’s only fitting that I would be; the universe has a funny way of returning these things in kind.

Economically speaking I came out on top. I have been one of the greatest individual beneficiaries of this seismic shift in media. I have made, quite literally, “a billion dollars,” which, as I’m constantly reminded by the media, is “cool.” But I’m the first to admit that this shift away from a centralized, top-down media towards a decentralized bottom-up media did not come without a cost. At some point in time everyone, whether they engage actively with these new mediums or not, will experience a violation of their privacy, will find their reputation besmirched publicly, and may even find their sanity challenged by some combination of these factors. (The story of Jason Russell, co-founder of Invisible Children, comes to mind.)

A kind of mob mentality reigns supreme in the unrestricted, uncivilized world of social media: whether it is found on Facebook, on Twitter, in blogs, or even in the remnants of traditional journalism, where the old guard is now forced to compete with the instantaneous news cycle of the “real-time web” and the blogosphere. The economics of this new media have, in so many ways, rendered obsolete the economics of the old journalism and the value system that went along with it. The ethics of journalism, a commitment to objectivity, accuracy, and civility, formed a kind of loose social contract between the creators and consumers of news.

This code was embraced by the entire news-making industry, indoctrinated into students at journalism schools, and reinforced by the editorial boards of respected news outlets. This value system was hard-earned over the last century. Born out of the corrupt politics of the early 20th century and the “yellow” journalism of Hearst and Pulitzer, it was only gradually displaced by the values of a new generation of publishers that adhered to higher standards of journalistic integrity. Eventually this led to the era of the professional journalist as we once knew her, with her code of ethics and the institutions that supported her — the great bastions of journalism: the newspaper empires built by the Grahams and Sulzbergers and the giants of the broadcast journalism world, people like Edward R. Murrow and Walter Cronkite, who cast penumbral shadows across the careers of every news anchorman who followed them.

Economically speaking, I profited handsomely from the destruction of the media as we knew it. The rest of the world did not make out so well, and society certainly got the worse end of the bargain.

By the late 1990s the system was beginning to show signs of wear. The loss of revenue from newspaper classified advertising to companies like Craigslist, Monster.com, eBay, and other listings sites was only the first shot across the bow. The massive shift in advertising revenue toward Google, and later Facebook, was the cannon fire that followed. But the real war over journalism was a war of attrition, as the web, blogs, and advertising technology gradually ate away at what remained of journalism.

This long cold war was fought and lost over measurement: The old guard finally gave in to the commoditization and sensationalization of news when “clicks” became the ultimate and determinative measure of value in the news ecosystem. The public had always mildly distrusted the business of journalism, believing that headlines sold papers, but they at least believed in the purpose of those papers — in their importance. Now no higher purpose remains; headlines drive clicks, and clicks sell ads. Only the most dogmatic, or perhaps idealistic, reporters remain capable of believing in a higher set of motivations. Many writers, who once would have self-identified as journalists, are now just as happy to be called writers, or even “entertainers.”

At best their job is to produce original content, generating stories in the hope that someone will read and enjoy them. At worst it has become the repackaging of content into the digital drivel known as “click-bait,” the nearly automatic rehashing and regurgitating of nonsense news, contrived to tell whatever seems to be the most sensational story, and repeated endlessly within the “echo chamber” of social media. This new media opines and remarks on everything, contributes precious few objective facts to the debate, and reports on precisely nothing at all. It took a century to establish the economic, social, and legal frameworks that supported journalism. In under a decade those systems have been largely dismantled, abandoned and rendered obsolete.

Economically speaking, I profited handsomely from the destruction of the media as we knew it. The rest of the world did not make out so well, and society certainly got the worse end of the bargain. The decentralization of media got off to a promising start, but like so many other half-baked revolutions, it never fulfilled its early promise. In its present form, social media may be doing more harm than good. Perhaps we should have expected this — technology always leads the way, society and government inevitably play catch-up.

Now that social media has collapsed the traditional media roles of content producer, editor, publisher, and consumer into one and assigned those roles to literally everyone, it’s clear we need to collectively evolve our social norms to reflect this new reality. And wherever you stand on the questions of privacy and the Faustian pact struck between the federal government, technology companies and Congress over digital surveillance, it’s increasingly clear that our legal frameworks for dealing with these new mediums are outmoded at best. It’s natural for innovators, especially those creating entirely new industries, to have a laissez-faire bias, and they are right to think that way.

While new technologies will inevitably present new challenges that society must someday deal with, the “rush to regulate” risks smothering the infant in the cradle. Technologies first need to be allowed to grow up, mature, and become a part of an institutional social fabric before governments intervene. However, now that so many new mediums seem to be nearing adulthood, it may be time to start rethinking our collective relationship to these mediums.

In particular, we need to consider stronger privacy laws here in the U.S., a basic right to privacy along the lines of the laws enjoyed by the citizens of most Western European nations. We are all at risk of becoming “public figures” in a world where the media has expanded to include nearly everyone. In such a world, our defamation laws need to be updated to provide individuals with the protection from public persecution that they deserve. We also need to reinforce our personal privacy by beefing up the intellectual property laws that govern the personal content that we generate and share via services like Facebook.

The more we depend on social networks and other online services to share content with friends and family, the more we risk that our content inadvertently becomes public. The enforceability of intellectual property laws around user-generated content — our photos, videos, and other content — is one of the best protections we have. The media has, in many cases, chosen to broadly construe all content shared via these networks as “public” when in fact much of it is private, and the copyright on that private material belongs to the creator. Sharing photos on Facebook should no more constitute a public license to use those photos than sending them over email.

The ubiquitous license agreements and privacy policies that online services force their users to enter into should be scrutinized by the courts around the principle of adhesion, and if the courts are unwilling to reconsider the status quo then congress should intervene with legislation limiting the scope and enforceability of these agreements. We also need to be willing to consider that only Congress can prevent the abuse of governmental power that is used to coerce online services into to turning over data in a wholesale manner.

I am certain that social networks, technology companies, and telecommunications companies would prefer not to kowtow to governments around the world, but operating a service on the scale of Facebook or Google puts these companies in the crosshairs of governmental agencies of all kinds. Once a company has reached this scale, only governments pose a meaningful existential threat. It is therefore incumbent upon the legislature to craft appropriate boundaries that strike a balance between the valid needs of governmental authorities and the equally valid privacy demands of Internet users.

In the end, the lesson learned from my wedding was something much less obvious than the “parable of excess” that was claimed. Rather, the democratization of the media that I idealized in my youth when it was just a distant, blurry dream, suddenly seems much less worthy of idolatry now that it’s become a stark reality. The lesson for me, felt acutely over the past two weeks, ended up being a familiar moral to a familiar story: “Be careful what you wish for — you might just get it.”

Summary Points

  • The wedding site was chosen because it had been previously developed, so there was no environmental impact. The site was not public property, it was a private, for-profit, campground, which was mostly paved in asphalt and or cleared of all foliage. Development only occurred in cleared dirt and asphalt areas.
  • The natural environment was not harmed, despite widespread claims to the contrary. There was no harm done to redwood trees, other plants, or animals. There were no endangered species on or near the property.
  • We were conscientious about protecting the environment, locating the site with the help of Save the Redwoods League and soliciting advice about how to avoid harming the redwood habitat.
  • Hundreds of articles were written in the days following the wedding, yet only one reporter contacted us for comment. Most of the information contained in these articles was erroneous. No original reporting was done, no interviews were conducted, and no fact checking occurred.
  • We voluntarily agreed to cover $1 million in penalties related to the Ventana’s lack of development permits and past violations. We also volunteered to contribute $1.5 million in charitable contributions serving the coastal region of the Monterey Peninsula.

New Spying Reveal: NSA Maintaining Bulk Email And Browsing Data For Two Years

FILE PHOTO  NSA Compiles Massive Database Of Private Phone Calls

The CrunchGov Essential is a scannable roundup of technology’s influence on the day’s big issues. Below a feature post, we present the most thoughtful, outrageous, and inspiring stories told through the web’s best content. Sign up for the morning newsletter here.

The Essential — Snowden Thought Leakers ‘Should Be Shot’ — Nate Silver On Pundits — Facebook Plans Anti-Spying Protocol — Funny Or Die’s NSA Job Recruitment Video

Feature – New Spying Reveal: NSA Maintaining Bulk Email Data For Two Years

“The Obama administration for more than two years permitted the National Security Agency to continue collecting vast amounts of records detailing the email and internet usage of Americans,” reports The Guardian. Obtained documents reveal a top-secret email and Internet-behavior collection program, authorized back in 2001. Specifically, the NSA is collecting “metadata” on which websites were visited and who users were contacting, but not the content of those communications or websites.

“The calls you make can reveal a lot, but now that so much of our lives are mediated by the internet, your IP [internet protocol] logs are really a real-time map of your brain: what are you reading about, what are you curious about, what personal ad are you responding to (with a dedicated email linked to that specific ad), what online discussions are you participating in, and how often?”, explained Julian Sanchez of the Cato Institute

Additionally, the NSA was collecting data on the ‘to,’ ‘from’ or ‘bcc’ lines of a standard email or other electronic communication” from Americans to foreigners.

Officials tell The Guardian the 2-year data collection policy was halted in 2011, but Glenn Greenwald and Spencer Ackerman are skeptical. In “December 2012, for example, the NSA launched one new program allowing it to analyze communications with one end inside the US, leading to a doubling of the amount of data passing through its filters.”

Because the NSA wasn’t collecting the content of messages, and the information is regularly shared with people inside telecommunications companies, intelligence officials don’t believe they’re violating constitutional rights.

“Toll records, phone records like this, that don’t include any content, are not covered by the fourth amendment because people don’t have a reasonable expectation of privacy in who they called and when they called,” Deputy attorney general James Cole said in testimony to the House intelligence committee on June 18.

I’m doubt most Americans would agree with his interpretation of the 4th amendment…but maybe I’m wrong.

The Essential: 6 Items

Edward Snowden Thought Leakers Should Be “Shot In the Balls” [Ars Technica]

  • 2009 Chat commenters unearthed on the Ars Technica Site show that NSA leaker Edward Snowden was, ironically no fan of leakers
  • “Those people should be shot in the balls,” he wrote. “Are they TRYING to start a war? Jesus christ. They’re like wikileaks,” he continued, about the New York Times publishing of secret negotiations between Israel and the U.S. about Iran.
  • I guess he changed his mind at some point in the next 4 years.

Facebook Follows Google For Super Secure Data [CNET]

  • Facebook is reportedly going to enact a super-encrypted data transmission practice that is immune to monitoring directly from Internet cables, as British and American Intelligence agencies are alleged to do.
  • “Forward Secrecy” is an encryption standard that creates a unique passkey for each user, rather than one for millions of users–a practice Google has done for years.
  • The process is expensive, as CNET reports that i can increase costs by 15%

Senate Proposes Limits On NSA [Naked Security]

  • Batman extra and U.S. Senator, Patrick Leahy, has proposed a bill to limit the spying powers of the NSA.
  • “FISA Accountability and Privacy Protection Act of 2013, seeks to require the government to show that data collection is relevant to an authorized investigation, and that there’s a link to a foreign group or power”

Nate Silver On Pundits

Speaking at the Aspen Ideas Festival, New York Times Election Oracle Nate Silver didn’t pull any punches on what thinks of political pundits, “Pundits, I think, are basically useless,” he told Katie Couric.

"pundits, i think, are basically useless" – @fivethirtyeight


Greg Ferenstein (@ferenstein) June 27, 2013

Funny Or Die: Want To Get Paid To Be Voyeuristic? Join the NSA

End Your Day With A Smile

Kickstarter pioneer and sloth enthusiast, Kristen Bell, proposed to her long-time boyfriend, Dax Shephard, after the Supreme Court overturned the Defense of Marriage of Act (he said “yes”)

.@daxshepard1 will you marry me? Xo #marriageequality #loveislove


Kristen Bell (@IMKristenBell) June 26, 2013

Datameer Smart Analytics Is Designed For The Person Who Is Not A Data Scientist

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Datameeer, like a lot of companies, is trying to make its data-analytics platform accessible to people who are not data scientists. It’s part of a growing trend to ease the complexity of data analytics so the practice is accessible to the far larger group of people who are more versed in using spreadsheets to do their work.

Datameer 3.0 features what the company calls “Smart Analytics,” which simplifies Hadoop by building in the work that data scientists calculate themselves. It’s time for this shift. Hadoop has achieved deep enough adoption that it should be more accessible.

A challenge is data integration — finding ways to collect all the data and clean it up so it can be analyzed. Then there is the task of actually setting up the server clusters. The user interface has to be something a non-technical person can understand. Lastly comes the analytics itself so people can make something that is relevant and useful.

Datameer 3.0 Smart Analytics attempts so simplify the data analytics in four ways:

  • Clustering the records so the customer can see the relevant groups in a data set. This might be location data, phone records, operating systems, etc. It gives people the capability to look at a customer list and see how it is segmented.
  • Decision trees display desired results and then, through analysis of different factors, help determine what leads customers to making a decision.
  • Column dependencies show the relationships between the different columns of data so combinations can be seen that might not be obvious. This might mean showing a correlation between location and disease type or job title and credit score.
  • The ability to offer a recommendation engine by automatically predicting if and how likely it is, a person will be interested in something based on historical data from many users. This allows businesses to serve up more relevant content, products or service recommendations without needing a data scientist.

CEO Stefan Groschupf put it well in a blog post today about the state of the market. Hadoop has evolved much like other technologies have, and it is no longer necessary to build something from scratch. It’s possible to buy services that are not custom-made and, as a result, difficult to maintain over time. Instead, it’s time for more services that make the promise of Hadoop a reality.

Medical E-Booking Platform ZocDoc Opens Up $55 Million In New Convertible Debt

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ZocDoc, the company that makes a web-centric platform for booking health appointments, has drawn on $2 million of a new $55 million convertible debt note.

In a phone call this afternoon, ZocDoc CEO Cyrus Massoumi said that the debt note is being provided by a “handful of folks.” He declined to provide further details on the entities involved.

However, Massoumi is keen to stress that the debt is not being taken on out of necessity. “We don’t need the money, we don’t plan to use it, it’s basically sitting in the bank collecting dust,” he said. So why did ZocDoc secure it at all?
“It is on incredibly company-favorable terms,” he said. “I don’t believe that companies should ever raise money when they ‘need it’.”

Indeed, it doesn’t seem like ZocDoc should be desperate for new funds at the moment. Since it was founded five years ago, ZocDoc has taken on some $95 million in venture capital from investors including such heavyweights as Khosla Ventures, Goldman Sachs, DST Global, and others.

The new debt note comes at a solid point in ZocDoc’s growth, Massoumi said: ZocDoc has now passed 1,000 procedure types on the service. This is a nice bit of news for the company, which when it launched way back in 2007 at the TechCrunch 40 conference (the earliest iteration of what is now known as Disrupt) was criticized for being something that people would book minor appointments on, but not major things like heart surgeries. “Now, we have people booking appointments for heart surgeries and butt rashes,” Massoumi joked.

The new infusion of funding will be a nice thing to have set away as ZocDoc continues to angle for more growth. Massoumi says that ZocDoc recently expanded its New York headquarters, and now has more than 400 employees on its payroll. Its platform is live in more than 1800 cities, and the “vast majority” of the regions in which it operates are profitable for the company, he said.

This past fall I had the pleasure of sitting down with Massoumi at our TechCrunch TV studio to talk a bit more about the app’s growth over the years and his overall outlook on capital raises. Check that out below:

Dropbox’s Drew Houston And Sequoia’s Bryan Schreier On How To Recruit (And Retain) Top Talent

Dropbox founder and CEO Drew Houston and Sequoia Capital partner Bryan Schreier joined us in the TechCrunch TV studio for a special three-part series on how Houston and Schreier work together on recruiting, growing as a CEO, and building the company. The first part of this series is focused on recruiting and retaining talent.

For background, Houston founded file-hosting giant Dropbox with Arash Ferdowsi at Y Combinator in 2007. Sequoia was one of the company’s first investors, and Schreier serves on the board of Dropbox. At last count, Dropbox was valued at $4 billion and now has 100 million users.

It’s no secret in Silicon Valley that Dropbox has been able to attract some of the best engineering, sales and product talent in the technology world, through both acquisitions and key hires.

In the video above, Houston also explained how he and Schreier work together on recruiting a candidiate and what happens when they disagree on a hiring decision. When it comes to retaining talent, Houston elaborated on how the company makes employee 256 feel like employee No. 5.

Check out the video above for more, and stay tuned for the second video in this series, which will focus on how Houston has evolved from a Hacker from MIT to the CEO of a multi-billion-dollar company.

Snapchat’s First Monetization Move Will Be In-App Purchases

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Fresh on the heels of the announcement that Snapchat received $60 million in funding led by International Ventures Partners, co-founder and CEO Evan Spiegel has told TechCrunch that the first phase of the monetization strategy will involve in-app transactions.

According to Spiegel, the company is already playing with hidden features and doing experiments to see what works best.

“In-app transactions will come first,” said Spiegel. “We think we can build really cool stuff people want to pay for. The app is now a part of everyone’s day-to-day lives. That means that they will — I at least would — pay for a more unique experience.”

He didn’t go into much detail, but he did clarify that the team “has not considered” letting users pay to save snaps.

In other words, the in-app purchases may have to do with some sort of personalization. My best guess would be that users could perhaps pay for more customization tools within the app. This could include filters, like Instagram, stickers to place on snaps, or the ability to choose your font and font size within the app. It could even mean paying for the ability to send longer snaps, beyond the usual 10-second limit.

While Speigel says this would be Phase 1 of Snapchat’s monetization strategy, he’s also said that Snapchat is very interested in native advertising.

Snapchat already “advertises” (if you could call it that), to its own users. On Christmas, Thanksgiving, or other fun holidays, Snapchat sends users a mass Snap of an animated video. It usually features the Snapchat ghost.

Brands could do something similar, and actually can already as long as they’re adding users the same way as all of us do — by knowing their Snapchat handle or sending them a friend request.

That’s not effective for mass advertising, though, so Snapchat might need to let brands send unsolicited snaps to users in specific demographics. The brilliance here is that users aren’t required to open them, but in a way this format could run the risk of upsetting a very happy and engaged user base.

So instead, it’s taking a more conservative, opt-in approach to monetization. In-app purchases that offer further functionality, personalization, or whatever “experimental” ideas Snapchat has in mind would be much more friendly to users as Snapchat heads into money-making territory.

Enterprise Leaders Marc Benioff, Jeff Weiner And Doug Leone At Disrupt SF

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San Francisco, here comes Disrupt. Our annual conference is once again at the historic San Francisco Design Concourse this September 7 through 12. The tech leaders of today will be onstage, and kicking off our slate this year we have enterprise heavy hitters, including Salesforce CEO Marc Benioff, LinkedIn CEO Jeff Weiner and Sequoia Capital general partner Doug Leone.

Business-focused software helped build Silicon Valley — that thing about making products people would actually pay for — and the boom times have returned as this sector has gone online and mobile to solve work problems.

Benioff’s Salesforce has brought sales and productivity tools to the web and is busy acquiring companies across the business management suite. It picked up email marketing company ExactTarget for $2.5 billion earlier this month, among many other purchases, for a total of more than $3.5 billion in the last couple years. At Disrupt SF 2012, Benioff proclaimed Facebook has the opportunity to be the next Google….  these days everyone is busy watching for his next move.

Jeff Weiner led LinkedIn to an incredibly successful IPO in 2011, proving to the markets that some tech companies are worth the money. With the stock up 50 percent already for the year, the beloved LinkedIn CEO (iPad minis for everyone!) will be returning to Disrupt SF this year to talk about maintaining the startup ambition while running a public company.

Sequoia’s Doug Leone, meanwhile, hit No. 4 on the Forbes Midas List this year, on the strength of IPOs from enterprise IT company ServiceNow and online T-shirt maker CafePress, as well as Cisco’s acquisition of Wi-Fi company Meraki. With a work background steeped in Silicon Valley and tech — Sun, HP and Prime Computing — and a long run across enterprise and consumer sectors, he’s seen industries come and go, and will be sharing what he thinks is next.

More speakers will be announced as the show nears.

Remember, Startup Battlefield applications are due now. Battlefield is the heart and soul of Disrupt and a fantastic launch platform for a startup. We know you can be the next Mint, Dropbox or Yammer but you have to apply first.

And for those of you who are already Mint, Dropbox and/or Yammer, you can sign on to sponsor the event by mailing [email protected].


Marc Benioff
Salesforce
Founder, Chairman & CEO

Marc Benioff is chairman and CEO of salesforce.com. He founded the company in 1999 with a vision to create an on-demand information management service that would replace traditional enterprise software technology. Benioff is now regarded as one of the pioneers of cloud computing and has been instrumental in driving businesses to transform by embracing social and mobile cloud technologies to connect with customers, partners and employees in new ways.

Under Benioff’s direction, salesforce.com has grown from a groundbreaking idea into a publicly traded company that is the leader in enterprise cloud computing. For its revolutionary approach, salesforce.com has been recognized by Fortune as one of the Fastest Growing Companies and one of the Best Places to Work and was selected by Forbes as the World’s Most Innovative Company for two years in a row.

Benioff has been widely recognized for his visionary leadership and for pioneering innovation. In 2012 he was named a Businessperson of the Year by Fortune, one of the Best CEOs in the World by Barron’s, one of the Best CEOs in America by Forbes, and he also received an Innovation Award from The Economist. In 2010 he was awarded the David Packard Medal of Achievement and was named by Fortune one of the Top 50 People in Business as well as one of the Smartest People in Tech.

Throughout his career, Benioff has been committed to using information technology to produce positive social change. In 2000, he launched the Salesforce.com Foundation—now a multimillion-dollar global organization—which established the “1-1-1 model,” whereby the company contributes one percent of product, one percent of equity, and one percent of employee hours back to the communities it serves. Acknowledging his commitment to building partnerships between business and society to improve the state of the world, the members of the World Economic Forum named Benioff as one of its Young Global Leaders and the Committee Encouraging Corporate Philanthropy presented Benioff with the coveted Excellence in Corporate Philanthropy Award.

Benioff is a member of the board of directors of the Committee Encouraging Corporate Philanthropy, serves on the Board of Trustees at the University of Southern California and is on the board of directors at Cisco. Benioff is also the author of three books, including the national best seller Behind the Cloud.

Prior to launching salesforce.com, Benioff, a 30-year veteran of the software industry, spent 13 years at Oracle Corporation from 1986-1999. In 1984, he worked as an assembly language programmer in Apple’s Macintosh Division. He founded entertainment software company Liberty Software in 1979 when he was 15 years old. Benioff received a Bachelor of Science in Business Administration from the University of Southern California in 1986.


Douglas Leone
Sequoia Capital
Partner

Douglas Leone is a venture capitalist at Sequoia Capital focusing on mobile, internet, software and communication companies. Doug currently sits on the boards of Birst, CafePress, Hayneedle, Medallia, MedExpress, RingCentral, Service-Now and Zirmed.

Doug’s represented Sequoia in its investments in Aster Data, Aruba Networks, Meraki, Netezza, Rackspace, and Service Now. Prior to joining Sequoia Capital in 1988, he held sales and sales management positions at Sun Microsystems, Hewlett-Packard and Prime Computer.


Jeff Weiner
LinkedIn
CEO

Jeff Weiner is the CEO of LinkedIn, where he started in December of 2008 as Interim President. He came to LinkedIn from positions as an Executive-in-Residence for leading Venture Capital firms Accel Partners and Greylock Partners.

Prior to joining Accel and Greylock, Weiner served in various leadership roles at Yahoo for over seven years, most recently as the Executive Vice President of Yahoo’s Network Division. In this position he led a team of over 3,000 employees, managing products reaching over 500 million consumers, and overseeing a P&L responsible for roughly $3 billion in annual revenue. During his tenure, Weiner helped drive the Networkʼs Open and Social strategy as well as expansion of the companyʼs category-leading consumer web products, including Yahoo’s Front Doors, Communications and Community products, Search, and Media properties.

Prior to his Network role, Weiner was part of the Search leadership team that directed the acquisition and integration of Inktomi, AltaVista, and FAST as well as the development of Yahoo Search Technology. From 2001 to 2002, Weiner oversaw Corporate Development at Yahoo, where he was responsible for the development and modification of overall corporate and individual business unit strategy and M&A. Weiner is also actively involved in the non-profit sector, with specific focus on leveraging digital capabilities to broaden the reach and scale of high impact causes. He currently serves on the Board of Directors of DonorsChoose.org and Malaria No More.

Microsoft and Oracle Team Up To Bring Java, Oracle Database, Linux and WebLogic Server To Azure And Windows Server

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Ahead of their joint press conference later today, Microsoft and Oracle announced a new partnership that will bring a number of Oracle products to Windows Server and the company’s Azure cloud computing platform. These Oracle products include Java, Oracle Database and Oracle WebLogic Server.

Starting today, Oracle customers can run supported Oracle software on Windows Server Hyper-V and in Windows Azure. Oracle also now provides license mobility for customers who want to run its software on Azure and bring Oracle Linux to Azure.

Microsoft, on the other hand, will offer Java in Windows Azure and will soon add Infrastructure Services instances with configurations for Oracle Java, Oracle Database and WebLogic Server to the Windows Azure image gallery.

As Microsoft’s Satya Nadella, Microsoft’s president of its server and tools business notes in the company’s announcement today, he believes that “this partnership will help customers embrace cloud computing by improving flexibility and choice while also preserving the first-class support that these workloads demand.”

Oracle president Mark Hurd echoes this statement and also notes that Oracle is “committed to providing greater choice and flexibility to customers by providing multiple deployment options for our software, including on-premises, as well as public, private, and hybrid clouds. This collaboration with Microsoft extends our partnership and is important for the benefit of our customers.”

It’s worth noting that Amazon Web Services also offers a number of Oracle enterprise solutions for its customers. The partnership with Microsoft, however, seems to go a bit beyond this and, for the most part, covers a different set of services.

Snowden Took Booz Allen Job With Intent To Expose NSA

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Surveillance whistleblower and current Carmen San Diego impersonator Edward Snowden was a man on a mission: according to his latest interview, he took a private contractor position with the intent of exposing the National Security Agency. “My position with Booz Allen Hamilton granted me access to lists of machines all over the world the NSA hacked,” he told The South China Morning Post on June 12. “That is why I accepted that position about three months ago.”

Snowden is often portrayed as a kind of accidental hero who felt compelled to take on the NSA after becoming fed up with its intelligence-gathering practices. It appears, at some point, he became far more calculating. In January, four months before arriving in Hong Kong, he had contacted documentarian Laura Poitras “claiming to have information about the intelligence community.”

The NSA has come under fire for letting someone without a college degree or much business experience gain access to top-secret spying technology. The hire has embarrassed Defense Secretary Chuck Hagel into reviewing all private analyst contractor practices, which comprise 22 percent of the Defense Department’s workforce (and 50 percent of its costs).

Snowden also tells The South China Morning Post that he’s been judicious with his leaks. There are still 37 undisclosed slides on the top-secret Internet-snooping program, PRISM. “I did not release them earlier because I don’t want to simply dump huge amounts of documents without regard to their content,” he said. This statement could be taken as an indirect swipe at document dumper Wikileaks, which is currently helping Snowden secure asylum from U.S. extradition.

Maybe the Booz Allen interviewer should have asked Snowden if he was intent on implicating them in a massive top-secret spying operation; then they could have just avoided the whole mess.

Honest Buildings Gets $5.5 Million To Scale Out Its Online Network For Real Estate Pros

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Honest Buildings, a New York City-based startup that’s created a web platform to connect professionals in the real estate construction and design space, is announcing today that it’s raised $5.5 million in Series A funding.

The round was led by the Westly Group and RockPort Capital Partners, and brings the total invested in Honest Buildings to date to $7.5 million. This past fall, Honest Buildings raised seed funding from RockPort and Mohr Davidow Ventures.

Honest Buildings, which has been described as a cross between Yelp and LinkedIn for building pros, was originally conceived as a platform to let commercial real estate owners assess the environmental impact of their new office building projects and choose the building construction and design firms accordingly. Today it is a more general marketplace for building solution providers to showcase portfolios of their work and connect with people looking to build new buildings or upgrade existing ones.

The funding comes on the heels of some solid growth for the company, which has a full-time staff of 12: Over the past five months, some $25 million in building contracts were originated through the Honest Buildings platform, and the company counts industry giants such as Cushman & Wakefield as users. Also, Honest Buildings says it recently launched an office in London to expand into the UK market.

The enterprise software space is heating up, and the commercial real estate sector has notably lagged behind residential when it comes to web-based tools, so it will be interesting to see how services such as Honest Buildings grow in the months ahead.

Hacker Scrapes Thousands Of Public Phone Numbers Using Facebook Graph Search

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A hacker has exploited Facebook’s Graph Search to collect a database of thousands of phone numbers and Facebook users. Both parties agree that all the information was left public by users (even if the users themselves may still not realize it). But Facebook issued him a cease and desist after the hacker continued to scrape data and argued with Facebook that the availability of the information invades users’ privacy.

Brandon Copley, a mobile developer in Dallas, Texas, searched and downloaded 2.5 million entries of phone numbers from the social network. He says many of these entries are empty, as they either aren’t active numbers or aren’t connected to a Facebook user with public settings; however, he notes that thousands of entries do match a phone number with the name of a Facebook user.

A Facebook representative tells me that this is a feature of graph search and that these users have their contact information set to “public.”

“Your privacy settings govern who can find you with search using the contact info you have provided, such as your email address and phone number,” the Facebook representative says. “You can modify these settings at any time from the Privacy Settings page.”

Copley confirms that these users have their contact information set to public, but argues that this is still a security issue.

“Facebook is denying its users the right to privacy by allowing our phone numbers to be publicly searchable as the default setting,” Copley tells me. “This means that anyone with my number knows my Facebook contact information.  I may have not told my future employer about my Facebook account, but if I called them on my cell phone they can now know how to find me on Facebook.”

Facebook admitted to a major security flaw regarding the Download Your Information tool on Friday afternoon that displayed the email and phone numbers of 6 million users; while similar in nature, Facebook says that flaw is unrelated to Copley’s hack, which they say is not a security flaw.

On March 5, Copley reported a tip to Facebook security, writing, “There is a security invulnerability that allows someone to essentially create a database of phone numbers and Facebook users.”

“Personally, I used this to catch a criminal–someone was selling stolen goods on Craigslist, and I had their number, and used this to find who that person was on Facebook and from there reported them to the police,” he continued in the March 5 email.

A member of Facebook’s security team wrote back, in an email Copley shared with us, “I agree with you personally. We do have anti­scraping protections (rate­limiting, bad ip blocks, etc) but it comes down to people controlling their privacy, we can make the privacy tools available and we can encourage them to use them but we could never just switch their privacy settings for them. So there is not much more we can do”

Copley says Facebook told him the supposed security flaw was a feature of Graph Search.

“I then went on to gather the <2.5 million entry database at this point to show them how a ‘feature’ like this is a security flaw,” he tells me.

Copley says he used his access tokens from his developer account and the Facebook Search API to perform thousands of searches per day for phone numbers; when he began hitting up against the rate limit of his developer account, he found a way to use the API token of an app that isn’t rate-limited and performed millions of searches.

In March and early April, Copley’s Facebook account was banned several times.

“I have no idea why you are getting banned or what is going on. I don’t think there is any reason it would be happening because of the research you were doing here though,” the same member of Facebook’s security team wrote to Copley in early April.

On April 26, Facebook’s lawyers sent Copley a cease-and-desist letter, stating, “you are unlawfully acquiring Facebook user data. It appears that you are accessing Facebook through automated means and stealing Facebook access tokens in order to scrape data from Facebook’s site without permission.”

Facebook’s lawyers demanded that Copley send them: “1. Copies of all scripts or methods that you use or have used to scrape Facebook user data, along with a brief description of how each method works; 2. All information regarding the individuals that you shared or discussed Facebook token jacking scripts with, including any identifying information such as name, email address, forum screen names; 3. A complete description of what you shared with the individuals listed in No. 2; 4. Access to all Facebook user data that you scraped from the Facebook site; and 5. The names of individuals that you disclosed any portion of the scraped Facebook data to.”

Copley says that Facebook lawyers mentioned Andrew Auernheimer’s case in conversations with him.

In 2010, Auernheimer discovered a security flaw in AT&T’s iPad user database, which let him reveal contact information for 114,000 iPad 3G users. Auernheimer showed this to a writer at Gawker Media; he is now serving a 41-month jail sentence.

The obvious difference between these two instances is that Auernheimer revealed that information that was supposed to be private but was publicly accessible; the information that Copley scraped is all set to public.

Copley also says he has also been looking at other ways to search Facebook for phone numbers and now believes he has found an even faster way to connect Facebook users and phone numbers than through the search API.

Facebook wants to have it both ways. It creates interfaces that often encourage users to share more data publicly, which lets them do things like search for each other using only a phone number. But it also wants to retain a sense of privacy — and control over users — so it fights anyone else who tries to access the data it helps make public.

At this point, it is unclear if Facebook will pursue litigation against Copley. He appears to be determined to press Facebook on this privacy issue and show the world how widely accessible users’ public contact information is.