Monday, May 23, 2011

Courts 'could target' Twitter UK

Twitter's decision to open a UK office could leave it more vulnerable to prosecution over what its users write.

Lawyers who spoke to the BBC agreed that the move meant the company may no longer be able to claim to be solely US-based and immune to English law.

The micro-blogging site is the subject of a High Court legal challenge in relation to the naming of a footballer who had obtained a privacy injunction.

Twitter has so far declined to comment on the case.

Until recently, Twitter's operations were largely confined to Silicon Valley in California.

Last month, the company began advertising for staff to work at new European headquarters in London.

Among the posts on offer are Account Executive and Communications Manager.

Vulnerable

Many legal experts believe that having a physical presence in the country would potentially expose Twitter to local sanctions.

Kim Walker, a partner at law firm Pinsent Masons said: "Opening an office in the UK would unquestionably make Twitter more vulnerable to lawsuits.

"The law enforcement authorities would be able to argue that it is Twitter UK which has been involved in the contempt of court or which has published the defamatory statement, so is directly responsible for the misdeed."

Mr Walker suggested that the company could claim its UK office existed for specific purposes, such as sales and marketing, and was not directly involved with the business of tweeting.

"Start Quote

Opening an office in the UK would unquestionably make Twitter more vulnerable to lawsuits."

End Quote Kim Walker Pinsent Masons

However, he warned that the argument might not convince the courts.

"If Twitter has any assets in the UK - assets in this instance is a fairly loose term, and covers staff as well as buildings and equipment - then those would be at risk if it chose not to obey rulings imposed upon it by the High Court."

That view was echoed by Simon McAleese, a defamation lawyer based in Dublin, where many US technology companies have their European headquarters.

"It is back to the very basic rule that possession is nine-tenths of the law and if you have possessions and staff then you are going to be very vulnerable to the laws of that jurisdiction," he told BBC News.

The exact nature of Twitter's London office, as well as the number of staff, is not yet known.

Access only

Industry insiders told the BBC that while lawyers may have strong views on the matter, it would take a test case to properly establish the law's authority.

They also pointed out that, although UK injunctions do not apply in the United States, individuals who feel they have been defamed are free to raise a legal action in the American courts.

Even among those lawyers who believe the law is clear-cut, there was doubt that a real-world action would be straightforward.

"Twitter would say their site operates in the States and they are simply facilitating access," said Paul Tweed, a senior partner at Johnson's Solicitors.

Mr Tweed suggested that internet companies, operating in the UK, might seek to limit their potential liability by leasing rather than buying property and limiting staff numbers.

He warned that similar cases would continue to appear if the issue of internet jurisdiction was not addressed at a higher level.

"We have to get some sort of international arbitration set up which the Americans would need to be involved in," said Mr Tweed.

Twitter was unavailable to comment on the story at the time of writing.



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Sony eyes annual loss of $3.2bn

Japanese electronics giant Sony says it expects to report an annual loss of $3.2bn (�2bn), after previously predicting a return to profit.

Sony had earlier indicated it would make a $860m profit in the financial year to the end of March.

It said the loss was largely due to writing off $4.4bn related to a tax credit booked in a previous quarter.

The firm has been hit recently by March's earthquake and tsunami, and a series of computing hacking attacks.

Among its range of products, Sony makes PlayStation video games and Vaio computers.

The earthquake and tsunami on 11 March hit plants in north-east Japan, which affected the firm's supply chain, and in the wider economy led to fall in consumer spending.

Sony is aiming to have resolved the hacking issues that caused the shutdown of its PlayStation Network by the end of May.

Cyber attacks involved the theft of personal data that included names, passwords and addresses from more than 100 million accounts.

It now says said the data breach will result in a $170m drain, at least, on operating profits in terms of insurance and damages costs.



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Laser smashes data rate records

Researchers have set a new record for the rate of data transfer using a single laser: 26 terabits per second.

At those speeds, the entire Library of Congress collections could be sent down an optical fibre in 10 seconds.

The trick is to use what is known as a "fast Fourier transform" to unpick more than 300 separate colours of light in a laser beam, each encoded with its own string of information.

The technique is described in the journal Nature Photonics.

The push for higher data rates in light-based telecommunications technologies has seen a number of significant leaps in recent years.

While the earliest optical fibre technologies encoded a string of data as "wiggles" within a single colour of light sent down a fibre, newer approaches have used a number of tricks to increase data rates.

Among them is what is known as "orthogonal frequency division multiplexing", which uses a number of lasers to encode different strings of data on different colours of light, all sent through the fibre together.

At the receiving end, another set of laser oscillators can be used to pick up these light signals, reversing the process.

Check the pulse

While the total data rate possible using such schemes is limited only by the number of lasers available, there are costs, says Wolfgang Freude, a co-author of the current paper from the Karlsruhe Institute of Technology in Germany.

"Already a 100 terabits per second experiment has been demonstrated," he told BBC News.

"The problem was they didn't have just one laser, they had something like 370 lasers, which is an incredibly expensive thing. If you can imagine 370 lasers, they fill racks and consume several kilowatts of power."

Professor Freude and his colleagues have instead worked out how to create comparable data rates using just one laser with exceedingly short pulses.

Within these pulses are a number of discrete colours of light in what is known as a "frequency comb".

When these pulses are sent into an optical fibre, the different colours can add or subtract, mixing together and creating about 325 different colours in total, each of which can be encoded with its own data stream.

Last year, Professor Freude and his collaborators first demonstrated how to use a smaller number of these colours to transmit over 10 terabits per second.

At the receiving end, traditional methods to separate the different colours will not work. In the current experiment, the team sent their signals down 50km of optical fibre and then implemented what is known as an optical fast Fourier transform to unpick the data streams.

Colours everywhere

The Fourier transform is a well-known mathematical trick that can in essence extract the different colours from an input beam, based solely on the times that the different parts of the beam arrive.

The team does this optically - rather than mathematically, which at these data rates would be impossible - by splitting the incoming beam into different paths that arrive at different times, recombining them on a detector.

In this way, stringing together all the data in the different colours turns into the simpler problem of organising data that essentially arrive at different times.

Professor Freude said that the current design outperforms earlier approaches simply by moving all the time delays further apart, and that it is a technology that could be integrated onto a silicon chip - making it a better candidate for scaling up to commercial use.

He concedes that the idea is a complex one, but is convinced that it will come into its own as the demand for ever-higher data rates drives innovation.

"Think of all the tremendous progress in silicon photonics," he said. "Nobody could have imagined 10 years ago that nowadays it would be so common to integrate relatively complicated optical circuits on to a silicon chip."



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