January 2014

The “third-party problem”: one reason telegrams were not constitutionally protected

Unlike postal mail or, later, the telephone, telegrams never received constitutional protection. Yet they were the quintessential nineteenth-century technology of communication, used extensively for business, government, and personal communication, much of which both senders and receivers would have wished to keep to themselves.

October 2012

Facebook’s core problem: customers vs. users

Facebook’s massive growth came because they gave users what they wanted: connect with your friends, see what their doing, conveniently share with them, and so on — and do it for free. But now they’re publicly traded, and satisfying users has become secondary to profit growth.