Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Legal Fact Finder on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Observer on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

  •  

    Site Meter

What Computers Can’t Do (and Google Should)

posted by Frank Pasquale

To what extent are Google’s unpaid results driven by algorithms, and to what extent do individuals make decisions about rankings? Though many suspected the latter, it’s been hard to prove it’s a regular occurrence. But Seth Finkelstein now believes a line has been crossed with Google’s latest efforts to control popular sites’ sale of links for cash:

[According to Danny Sullivan,] “Google stressed . . . that the current set of PageRank decreases is not assigned completely automatically; the majority of these decreases happened after a human review. That should help prevent false matches from happening so easily.”

I don’t want to create false incentives, and human review is good of course. Yet I can’t help thinking that we’ve now crossed a line here. Perhaps with the best of intentions, for the most worthy of reasons. But still, we’re now on the other side of some divide.

Now, there really is someone sitting in a room thinking along the lines of : “Hmm, the algorithm says you have Pagerank 9, but looking at your site, you’re using your pagerank-powers for link-profit, so let’s turn it down a few notches, perhaps to Pagerank 7, so it’s not quite as attractive. If in the future you prove to be a more moral vessel of our power, we may restore you to full strength.”

That’s a change. Good or bad, it’s different from what’s been the case before.

I have a few thoughts on the change, and on some parallel controversies, below the fold.


First, it’s important to contextualize Google’s business-oriented manual review in the larger struggle to force responsibility onto the search engine. Consider the following controversies in Brazil, and how Google and MySpace are responding:

In December of 2005, [Brazilian activist Thiago] Tavares set up a nonprofit group called SaferNet. Modeled on U.S. organizations, the site allows users to report online crimes via its Web site. Within weeks, he says, the site was receiving hundreds of complaints. More than 90% were about [Google-owned] Orkut. Mr. Tavares began pointing out problems to Internet companies. He says Yahoo . . . and Microsoft . . . promptly removed material he flagged as offensive and promised to hold copies for authorities. . . .

But the young lawyer says Google gave him the brush-off. He says Mr. Hohagen, the head of Google’s Brazil operation, didn’t reply to several requests for meetings. In early 2006, Mr. Tavares gave a Google press officer a CD containing 220 pages of evidence of alleged Orkut crimes. He never heard back.

* * *

Addressing such problems can prove expensive. News Corp.’s MySpace faced similar complaints in recent years. Now, company executives say, each of the eight million new pictures uploaded to its site each day is reviewed at least once by a human being. That program costs MySpace several million dollars a year.

The MySpace experience suggests that, once a site has a critical mass of revenue, perhaps it ought to have responsibility to dedicate some portion of that revenue to policing itself. If computers can’t do that policing, humans must be employed.

So what are the implications of increasingly direct manual intervention in the world of search and social networking (and their potential merger)? Both PageRank penalties and photo-reviewing are commendable steps in themselves, but they also suggest larger responsibilities for search engines. For example, Google’s decision to penalize link-sellers’ organic results suggests a larger non-commercialization norm for its own organic results. Moreover, if it can manage to analyze and adjust the PageRank of influential pages for business reasons, it ought to be more open to challenges to rankings based on public policy. Its concession to “asterisk” the high rank of anti-Semitic sites might lead to other examples of commendable openness.


 October 24, 2007 at 9:21 am   Posted in: Google & Search Engines   Print This Post Print This Post

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress