Delayed Results of Google’s “Mobilegeddon” Show Small Sites Suffer on Mobile

On April 21st online behemoth Google altered its search engine algorithm to favor websites it considered mobile-friendly. This change, dubbed “Mobilegeddon” by web developers and search engine optimization (SEO) specialists, sought to reward sites that used responsive design and other mobile-friendly practices to ensure sites display well on smartphones and other mobile devices. Conversely, sites that were not mobile friendly would ultimately be penalized by ranking lower on mobile search results.

At the time, it was unclear just how large of an impact this change would have on companies’ appearance in organic mobile search results. A recent report by Adobe Digital Index, however, shows that the impact has indeed been substantial. The report determined that traffic to non-mobile-friendly sites from Google mobile searches fell more than 10% in the two months after the change, with the impact growing weekly since April. This means that non-mobile-friendly sites have dropped sharply in mobile search rankings, while mobile-friendly sites have risen in rankings, showing up higher on the mobile search results page. This change has had the greatest impact on small businesses that likely underestimated the value of mobile search traffic, and also affected financial services and law firms.

In a recent article in the Wall Street Journal, Adobe analyst, Tamara Gaffney, found that companies which were unprepared for the impact on search results have tried to offset the decrease in organic traffic by buying mobile search-ads from Google. This tactic served to keep mobile users visiting their sites through paid ads. Substituting paid results for organic results may work in the short term but is usually not a sound long-term approach. A sustainable long term online add strategy over time usually consists of a balanced approach between building brand and consumer trust through organic search, and strategically supplementing that with paid ads.

What is a company adversely affected by Mobilegeddon to do?

One obvious course of action for a site that has suffered from Mobilegeddon is to become mobile friendly. This means putting in place a responsive theme, and implementing best practices that aid in mobile user experience. This includes using larger easier-to-read text and separating links to make them easier to tap on a smaller screen. Those who are unsure of how their site fares according to Google can use the company’s Mobile Friendly Test Tool to see what recommendations may be made to improve the mobile user’s experience.

With mobile search queries outpacing desktop, Google is sending a clear message that it is willing to reward sites that provide a good mobile experience, and businesses that fail to heed that message will suffer in the search rankings.

What’s Behind the Decline in Internet Privacy Litigation?

The number of privacy lawsuits filed against big tech companies has significantly dropped in recent years, according to a review of court filings conducted by The Recorder, a California business journal.

According to The Recorder, the period 2010-2012 saw a dramatic spike in cases filed against Google, Apple, or Facebook (as measured by filings in the Northern District of California naming one of the three as defendants). The peak year was 2012, with 30 cases filed against the three tech giants, followed by a dramatic drop-off in 2014 and 2015, with only five privacy cases filed between the two years naming one of the three as defendants. So what explains the sudden drop off in privacy lawsuits?

One theory, according to privacy litigators interviewed for The Recorder article, is that the decline reflects the difficulty in applying federal privacy statutes to prosecute modern methods of monetizing, collecting, or disclosing online data. Many privacy class action claims are based on statutes passed in the 1980s like the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), both passed in 1986, and the Video Privacy Protection Act (VPPA), passed in 1988. These statutes were originally written to address specific privacy intrusions like government wire taps or disclosures of video rental history. Continue reading

License Plate Numbers: a valuable data-point in big-data retention

What can you get from a license plate number?

At first glance, a person’s license plate number may not be considered that valuable a piece of information. When tied to a formal Motor Vehicle Administration (MVA) request it can yield the owner’s name, address, type of vehicle, vehicle identification number, and any lienholders associated with the vehicle. While this does reveal some sensitive information, such as a likely home address, there are generally easier ways to go about gathering that information. Furthermore, states have made efforts to protect such data, revealing owner information only to law enforcement officials or certified private investigators. The increasing use of Automated License Plate Readers (ALPRs), however, is proving to reveal a treasure trove of historical location information that is being used by law enforcement and private companies alike. Also, unlike historical MVA data, policies and regulations surrounding ALPRs are in their infancy and provide much lesser safeguards for protecting personal information.

ALPR – what is it?

Consisting of either a stationary or mobile-mounted camera, ALPRs use pattern recognition software to scan up to 1,800 license plates per minute, recording the time, date and location a particular car was encountered. Continue reading

Website Policies and Terms: What You Lose if You Don’t Read Them

When was the last time you actually read the privacy policy or terms of use of your go-to social media website or you favorite app? If you’re a diligent internet user (like me), it might take you an average of 10 minutes to skim a privacy policy before clicking “ok” or “I agree.” But after you click “ok,” have you properly consented to all the ways in which your information may be used?

As consumers become more aware of how companies profit from the use of their personal information, the way a company discloses its data collection methods and obtains consent from its users becomes more important, both to the company and to users.  Some critics even advocate voluntarily paying social media sites like Facebook in exchange for more control over how their personal information is used. In other examples, courts have scrutinized whether websites can protect themselves against claims that they misused users’ information, simply because they presented a privacy policy or terms of service to a consumer, and the user clicked “ok.”

The concept of “clickable consent” has gained more attention because of the cross-promotional nature of many leading websites and mobile apps.  Continue reading

PII at the Center of RadioShack Bankruptcy Auction and Mediation

A recent New York Times article highlights the disconnect between a company’s privacy policy and the disclosure of user data when the company is sold. According to the Times, while a company, like Hulu, declares that it “respects your privacy”, should the company go up for sale, user names, birth dates, email addresses and unique subscriber information can be made available to the highest bidder. Often it is this very information that can be of most value to a struggling or defunct company. This very issue played out recently with the bankruptcy of RadioShack, the electronics retail store founded in 1921, and the recent sale of its brand.

The now-bankrupt RadioShack reached a mediated agreement with U.S. states on May 14th over the sale of customer data, which barred the transfer of personal customer information; limited the number of emails to be included in the sale; and provided opt-out mechanisms to customers prior to transfer.

New York-based Standard General purchased 1,750 RadioShack stores and trademark and intellectual property, out of bankruptcy. The sale included personal customer information provided by customers to RadioShack over many years, including email addresses, postal addresses and phone numbers. Continue reading

.SUCKS: Extortion or Free Speech?

Domain names are an essential part of modern commerce and convey important information about the website’s affiliation and legitimacy. Consumers may briefly glance at the .com or .edu at the end of the page they land on to make sure they’re on the right site, but soon they may see an unfamiliar suffix next to their favorite brand’s page – .sucks.

In 2014, the Internet Corporation of Assigned Names and Numbers (ICANN), a California-based nonprofit that manages and coordinates domain names, agreed to allow Vox Populi, a Canadian domain name registrar, to operate the registry for the new “.sucks” top-level domain (TLD). Continue reading

Targeted Election Ads: New Frontier in Political Advertising

The next U.S. President won’t be sworn in for almost two years, but the jostling and positioning among likely candidates has already begun. When candidates consider how to reach potential voters, an increasingly sophisticated weapon in their arsenal will be targeted advertising to reach voters in-between commercial breaks of their favorite TV shows. These “addressable ads” allow advertisers – in this case political campaigns – to pay content providers, such as satellite networks, to reach specific homes. Addressable ads present a sharp departure from previous eras of political advertising that used a “shotgun approach” to appeal to as many potential voters as possible, regardless of demographics, previous political affiliation, or likelihood of voting.

Satellite television providers DirecTV and DISH Network have already embraced this technology by selling data about subscribers’ individual viewing habits to campaigns. Subscriber data are initially anonymized, but with addresses intact, and then matched to the addresses on voter-registration and canvassing databases. According to a USA Today report, once the targeted households are selected, the satellite provider sends the addressable ads to the home’s digital video recorder (DVR), and the ad airs in the next available commercial slot as part of whatever programming the customer is watching. After the ad plays, the remainder of the user’s TV show continues unaffected until the next ad slot opens. Continue reading

Free Legal Documents!! (Sure, Why Not?)

Why would lawyers give away legal documents for free? Or better yet, why wouldn’t they do it? Daniel Doktori offered some good answers to these questions when he wrote recently in TechCrunch about Big Law’s answer to the Open Data movement.

But what’s most remarkable about the big lawyer giveaway – get there early, get your legal docs, we’re opening this year at 6pm on Thanksgiving Night! – may be how unremarkable it really is.

Doktori writes of law firms’ “mimic[ing] their small clients’ ‘freemium’ business development model”, suggesting that giving away free stuff is simply a way to get clients in the door where they (hopefully) will become paying clients. Perhaps. But it seems unlikely that a cash-strapped startup will hire a $700 per hour firm of attorneys simply because that firm gave away a generic founders’ subscription agreement. And with so many law firms offering the exact same documents – Doktori cites his own firm’s service as well and those of Cooley LLP and Orrick, Herrington & Sutcliffe LLP – there’s not much here to really differentiate the value of these documents in the first place. Not to mention the various non-law firm startups getting into the same game, including Founders’ Workbench (mentioned by Doktori) and low-cost services from Rocket Lawyer and others. Continue reading

Real World Implications of Cyber Warfare


Amid all of the publicity and media attention of the December cyberattack on Sony Pictures Entertainment, a cyber-intrusion on a German steel mill received comparably scant notice. Unlike the Sony hack, however, it highlighted an important and disturbing trend in cyber warfare. Detailed in a German government report released in December, the hacking of the German steel mill signified the second confirmed instance in which a wholly digital attack resulted in the physical destruction of equipment. By initially gaining access to the plant’s business network, the intruders were able to successfully make their way to the production network and access the controls of the plant’s equipment. They were able to control the system to such a degree that a blast furnace could not be properly shut down, resulting in “massive” damage.

According to Wired’s coverage of the incident, much information about the attack is not detailed in the report, including the name of the steel mill, exactly when it happened, and how long the hackers were in the network before the destruction occurred. The report does relay that the hackers apparently had advanced knowledge, not only of conventional IT security, but of the applied industrial controls and the mill’s production processes.

The incident highlights what is possible with the increasingly prevalent networked nature of physical real-world systems, from critical infrastructure networks like electric grids and water treatment systems, to simple and increasingly networked household and personal items in the growing Internet-of-Things (IoT). Continue reading

Legal Threats Don’t Stop Growth of Textbook Pricing Application

OccupyTheBookstore, a Chrome browser add-on from, has become the subject of legal threats from Follett Higher Education Group, one of the largest college textbook retailers in the U.S.  Textbook price comparison tools are not new, with websites like Chegg and SlugBooks, compiling textbook prices from retailers, university bookstores, and online retailers on their own websites.  What makes OccupyTheBookstore unique is that it is provided directly to the user as a downloadable plug-in and works immediately on top of a user’s browser to show cheaper options for print and digital rentals while the user browses a bookstore’s website.

The fact that the user is given the option to employ an immediate filter on top of Follett-affiliated websites rankled the company and prompted it to threaten with legal action.  According to an email from Follett to’s founders obtained by the Wall Street Journal, the add-on “effectively chang[es] the presentation of the information on the screen.” has not backed down.  In an interview with Red and Black, University of Georgia’s student newspaper, says that it “determined that we are totally within our rights to manipulate information in the client’s browser. As it’s opt-in and doesn’t touch the bookstore servers at all….” Continue reading