> The domain ... has been suspended due to its blacklisting on Google Safe Browsing
Et voilà ... ! this is precisely the slippery slope I warned about a decade ago. The indirect censorship becomes direct censorship, defeating all the arguments about the morality of such a list. And:
> Not adding the domain to Google Search Console immediately. I don't need their analytics and wasn't really planning on having any content on the domain, so I thought, why bother? Big, big mistake.
Yet more monopolistic power to Google.
This is 100% on Radix, not on Google. Google and Microsoft can (and probably should) have a registry of known-abusive websites. False positives are inevitable, so these should be taken with a grain of salt, but in most cases they're correct. Their lists are a lot more reliable than those from the "traditional" antivirus/anti-scam vendors that will list anything remotely strange to pump up their numbers.
The external people treating these lists as absolute truths and automatically taking domains down are the ones at fault here. Google didn't grab power, Radix gave it to them without asking.
Exactly what we predicted would happen (someone would eventually put "too much faith" on this list) has literally happened, and your defense is still "well it's not Google's fault, it's a 3rd party's!". Obviously the point is not that Google was going to do it, but that others would , analogue to the process known as "self-censorship".
Self censorship requires a threat or risk of detriment if the party doesn't self censor, right? Where is that here?
What Radix does has no impact on Google, and I don't see how Google would be incentivized to pressure Radix. So I don't see how to make the leap blaming Google for Radix's incompetence. Yes, Google should recognize the risk of this happening, but they'd have to balance that against the rewards (or at least what they consider rewards)
Google is making false statements about the safety of a domain and it has significant collateral damage. Google is the cause. They should be liable for losses.
I had my main family domain put on Google's safe browsing block list and it has a massive impact. No one can visit the site. I think apps using system browser runtimes (ie: mobile) may stop working. I've seen reports that it can impact email deliver-ability. And, now, we see that it can get your domain put on serverHold so the problem becomes impossible to rectify.
Google should have to pay for the damage. In my case, it was about 4h of work to figure out what was going on and how to fix it, so not much, but I've seen small businesses that rely on their primary domain to drive most of their sales via web and email. In those cases, having your domain placed on server hold because of Google's false statements can have a serious, detrimental financial effect.
That's fair, if your domain is erroneously put on the block list, Google should be liable for the consequences.
But my point is that any knock on effects like domain suspension, email deliver-ability, etc. stem from 3rd parties misusing the safe browsing list outside the scope of safe browsing.
I don't see how Google can be blamed for other companies erroneously treating the safe browsing list as a source of truth for generally malicious domains
> But my point is that any knock on effects like domain suspension, email deliver-ability, etc. stem from 3rd parties misusing the safe browsing list outside the scope of safe browsing.
That's fair and I agree. My opinion is that both should be liable in a case like this. If I had to attribute it, my starting point would be that Google is liable for the loss of website traffic and the registry is liable for the loss of email and all other lost services due to the domain suspension.
It spirals though because, like you pointed out, no one forced (ex:) Mozilla or Apple to adopt the blacklist. They did that voluntarily, so they should be responsible for their share. That's why nothing ever gets fixed. It's broken, but there's so much potential for finger pointing that no one gets pinned down and held responsible.
The answer is always the same IMO. Break up big tech companies into a million little pieces.
A lot of laws use the phrase "known, or should have known"
Google should not have known that someone would misuse their block list to block domains. But now that someone is misusing their block list to block domains, if someone brings it to their attention, the next time this happens, they will have known it.
I am not a lawyer, I am not your lawyer, and this is not legal advice.
I read your comment as agreeing with the article: "Never buy a .online domain".
And Google has the right to publish a list, there should be more lists not less. But Google was at fault for not correcting their blacklist. Until the article appeared on Hacker News, this was not 0% on Google. A small, correctable mistake, but they deserved a tiny bit of blame.
> But Google was at fault for not correcting their blacklist.
If all it takes to be taken from the blacklist was to temporarily delete the NS record - the list would be useless against malware.
Wym mean external people aren't these lists integrated to the browsers? I'm sure if you try to open a website from this list your browser won't let you and I'll put a big warning sign
What is to stop Google et. al. from also adding a lot of excess domains to pump up there numbers?
What is to stop everyone from doing this blacklisting?
Google doesn't sell their list to you. They give it to you for free. Using their list costs them money. Pumping up numbers gains them nothing but the headache of PR issues when they get a false positive.
Spyware filters used to boast about how many domains they filter out because they wanted you to buy their filters instead of someone else's. By the time they hit a false positive, they've already sold a year's subscription to that customer.
The incentives are different.
Step 1: Get everyone to use your free internet filter
Step 2: Alter filters to mark newly-registered domains and low-traffic websites as "potentially harmful".
Step 3: Charge a lot of money for "business verification" - which gives them a fancy badge somewhere and incidentally makes their website trustworthy in the eyes of your filter.
Step 4: Profit!
The Big Tech cartel has been doing this pretty successfully with email (see the weekly "Don't self-host your email" posts), why should we assume they are doing anything different with browser-based website blocking?
>pretty successfully with email
Indeed. I was going to register an account somewhere the other day, and the signup form had a list of acceptable email domains. Gmail, Protonmail, Outlook, Yahoo, Icloud... a few others. It's not the first time that's happened to me. Sad.
EDIT: Didn't even include Fastmail, who's pretty big after all. They host MX for my domain, so I could have "circumvented" it that way with their disposable address feature, but nope.
I've found that, whenever considering Google's actions and incentives, you need to remember two things:
- They make almost all their money on advertising
- They have deep ties to the US intelligence agencies (To the point that a Google employee managed the appointment calendar for our Secretary of State a few years ago!)
So, how would these incentives apply to their Internet blacklist?
- If you are parking lots of Google ad spam, they are taking a cut of your revenue, so they have an incentive to take you off the list (evidence and testimony from the antitrust trial documented ongoing fraud in every layer of Google's vertical ad monopoly)
- If you are hosting something the intelligence agencies dislike / are neutral to / like, that'll impact your presence on the list.
Not true. Commercial or large scale use requires you to use their Web Risk API instead which is a paid service
> Pumping up numbers gains them nothing but the headache of PR issues when they get a false positive
There is also the headache of PR issues when they get a false NEGATIVE. “Google didn’t protect grandma from this scam website!”
Google wants you to use it. If it blacklists excess domains that hold legitimate sites, their product gets worse. If they blacklist illegitimate sites, their product gets better.
This argument would hold more weight if Google didn't have a history of making their own products worse and then getting rid of them.
Cute. That is the commenter’s whole point about monopolies. Google is on record making their product worse to squeeze revenue. We’ve been living in the enshitification economy.
There is a financial incentive to make the search results worse. (More searches, more ads, more money.)
There is no incentive for adding false positives to lists of malicious websites.
Sure, until their "smart filters" start considering GCP-hosted websites as pre-verified and small self-hosted websites as malicious. You know, like they have been doing with email?
Chrome is big enough that a website owner can't afford a false positive on their malware list, just like they can't afford to have all their email end up in spam for all Gmail users.
Due to their near-monopoly Google also has no incentive to avoid adding false positives to their blocklist - provided they don't accidentally block high-profile targets. And if a CxO is screaming over your shoulder that your website has been blocked, arguments about "false positives" aren't very compelling: they'll just demand you move off the "shitty basement provider" and switch to "proper hosting, like the Google Cloud"...
> We’ve been living in the enshitification economy.
that whiny bullshit about somebody elses website? you dont have to rely on a website or app. either you need their monopoly because you cant do it yourself, or you have options.... in both cases the whining is not needed
Same as for those antiviruses.
Nobody sees Google's numbers except Google... in other words, the numbers are not a sales tool for Google like they are for anti-virus/blocking companies. So, there's no reason for Google to pump up their numbers, it would just be extra work to make their product worse which wouldn't make sense.
Nothing, but they haven't done it so far, and they don't really have any incentive to do so.
It doesn't really matter that it's Google. It could have been Microsoft, or PAN, or McAfee or some fly-by-night vendor. The problem was Radix taking the list as iron-clad truth and disabling the domain without any notification or way to resolve the issue.
Google’s allowed to have an opinion. But that doesn’t mean that the registrar should be suspending the domain immediately in response. These two mechanisms should be decoupled.
Google should not be allowed to make libelous statements without consequences.
How is any kind of antivirus or threat detection software supposed to operate on this standard?
Libel suits can be financially catastrophic, so even a tiny false positive rate could present risk that disincentivizes producing such software at all.
And a threat detection mechanism that has a 0.0% false positive rate is conservative to the point of being nearly useless.
I think that is the idea. They shouldn't exist without a prompt mitigation path.
In other words, if you can't deal with the false positives in a timely manner. You SHOULD be liable for the damages.
I can't build a budget car put together in an unsafe manner. Then complain I can't compete due to all the peoples cars crashing and blowing up and suing me.
You document your claims with concrete evidence of fraud. That will be your libel defense. No evidence means you bear the full responsibility of a fuckup.
At internet scale, this would roughly be equivalent to not doing any warning or detection at all.
Scalable systems need to use heuristics to catch threats. Needing concrete evidence in every case means that an enormously higher amount of malicious resources will not be flagged.
There is a policy argument as to the right balance of concerns here. But there is a clear trade-off to make.
Then that heuristic is your evidence in court. If it's a good heuristic, you win the case. If it's a bad heuristic, you lose the case.
"Your Honor, we banned this person's website because his web page contained the word 'bitcoin' more than 5 times" will not hold up.
"Your Honor, we banned this person's website because it contains a bitcoin miner script. See, here is the script, and it matches the hash value found in these other attacks" hopefully holds up.
> Needing concrete evidence in every case means that an enormously higher amount of malicious resources will not be flagged.
Giving everyone a fair trial just doesn't scale. It costs too much.
(IAAL but this is not legal advice.)
It’s not libel. Defamation requires a false statement of fact. Marking a website as “unsafe” is an opinion.
> Marking a website as “unsafe” is an opinion.
No, it's not.
You're welcome to cite case law if you want to insist. Otherwise, unsafe (in the context of infosec) has a definition of likely or able to cause harm or malfunction. Something that is provable or falsifiable with evidence.
Whether that's true or not is irrelevant if it's defined by law differently. Even without case law and precedent you'd still have to test it in court, which for libel can be prohibitively expensive.
For clarity I'm not agreeing or disagreeing, but what means sense to the layperson (including experts in a particular field) is sometimes at odds with what the law says.
I'm curious as to how you would prove that it would be impossible for any resource accessible under a given DNS domain to ever cause harm to anyone else.
You don't. Google has to prove that something on that domain can cause harm.
Isn't "oops we made a mistake" actually a valid defense to libel in most US states? I thought you had to prove it was intentional to some extent? Or reckless/negligent IANAL
Google takes no action to review the reports that their warnings are false until you sign up for Google products (namely - registering the site in their search console).
I reported a falsely flagged site repeatedly for weeks with absolutely no action from them.
Mozilla and Microsoft both did actually remove the warnings after the reports (Edge and Firefox stopped displaying the warning). Google did not. Google strong armed me into registering for google products, like a fucking bastard of a company.
This was the moment I went from "I don't love google anymore" to "Google can get fucked".
I wish them bankruptcy and every damn legal consequence that is possible to enforce.
I'm not defending google, I'm just wondering if claiming libel is barking up the wrong legal tree.
"I believed it to be true" is a defense. But negligence isn't. In fact, that is usually what you want to prove, that they acted on things that a reasonable person (or a person that is supposed to be skilled in that field) can see is not true.
Negligence is an element of the tort of defamation.
Google is stating in a position of authority. It's therefore being stated as at least a professional opinion with the equivalent weight of fact, or representing facts.
If the opinion is meant to be just another opinion, then it shouldn't cause any blacklisting of any sorts anywhere.
Not to mention that the whole point of the list is for blocking in e.g. web browsers. Claiming it is just an opinion would be like a mobster claiming they didn't actually order a hit.
> If the opinion is meant to be just another opinion, then it shouldn't cause any blacklisting of any sorts anywhere.
I agree with this! The registrar should not have triggered a suspension because of this. They're not obligated to, and the two processes should be decoupled.
The registrar should ignore reports of abuse, especially if coming from an authoritative source with vast resources that's been collecting reports on its own?
No.
The source should be more careful. It's the equivalent of a renowned newspaper printing warning a restaurant being unsafe to visit. Should the customers' willingness to visit be magically decoupled from this opinion?
It's like a renowned newspaper saying the restaurant is unsafe, and then also the restaurant's landlord taking it at face value and locking the doors without further investigation. Both can be wrong.
> The registrar should ignore reports of abuse, especially if coming from an authoritative source with vast resources that's been collecting reports on its own?
I'm not saying they should "ignore" reports of abuse but treat them as they are -- reports. They can then perform their own independent investigation.
That may well have happened here. I suspect the author isn't telling us something.
How is it any more of an opinion to "mark" a website as "unsafe" than say, "contains CSAM"?
“contains CSAM” is likely an unarguable fact.
“unsafe” is a term that is both broader and more vague, so I would consider it opinion unless backed up by appropriate facts (like “contains CSAM”, “contains malware”, and so forth).
> “contains CSAM” is likely an unarguable fact.
Except when it isn't. CSAM may be easier to define and identify than pornography, but there still exists material that treads a moral grey area.
One is disprovable, the other is not.
Maybe libel is the wrong term, but erroneously marking a website as unsafe can lead to damages.
Only if it’s intentional (or maybe grossly negligent).
Google is grossly negligent
Depends on jurisdiction. In the UK it's not an absolute defence, you still have to prove it's an opinion a "reasonable person" could come to based on facts.
As someone who has also been bit by this, and with the only possible resolution being that I sign up for google services and register my site with them in the google search dashboard...
Fuck Google.
This is absolutely libel. They put a big fucking red banner on top of my site, telling the world that it's unsafe, using all the authority they have as one of the largest tech companies in the world.
In my case - it was a jellyfin instance I'd stood up to host family videos of my kids for my parents.
It was not compromised, and showed only a login page. I reported it as a false flag repeatedly, for weeks, with Google doing jack fucking shit.
Only after signing up in their search console and registering the site did the warning disappear.
They are abusively forcing people into their products. Fuck Google.
In case it wasn't entirely clear - Google can get fucked. Fuck Google.
There’s nothing wrong with your dislike of Google. No matter how much you dislike them, though, the word “libel” has a meaning that should be respected. To opine that a site is unsafe is simply not libelous.
It's libelous in Germany unless you can prove it's true. In fact people regularly get punished in Germany for things like calling politicians idiots, because they can't prove they are idiots. https://www.ft.com/content/27626fa8-3379-4b69-891d-379401675...
That depends on jurisdiction. E.g. in South Korea true statements can constitute defamation too
That sounds like a spurious distinction. Pretty sure you can’t say “Person X is a murderer” and then say “well I’m only expressing my opinion, and in my opinion if you do something that annoys me that qualifies as murder.”
Nope, not in the US. It is perfectly legal to say, for example, "Kyle Rittenhouse is a murderer" despite him being acquitted. You're entirely free to disagree with the result, that is an opinion. Any opinion based on public knowledge is ok. It doesn't even have to be reasonable or rational.
What you can't do is imply non-public knowledge, aka "I heard from my cousin who works in law enforcement that Kyle murdered a hobo when he was 12 but the records were sealed", or state specific facts that can be proven true or false: "Kyle murdered a hobo on September 11, 2018 out back of the 7-11 in Gainesville, FL"
The standard for libel/slander is much, much higher than people think. It's extremely difficult to meet them, and for public figures, it's almost impossible.
Is “opinion versus fact” relevant to that example? My impression is that Kyle Rittenhouse wouldn’t have a strong defamation case against a random person tweeting that he’s a murderer, but the reason isn’t that “it’s a statement of opinion.” The reason is that it’s a high profile and controversial homicide case, and it would be very difficult for Rittenhouse to show that that the random Twitter user had “actual malice.”
> It is perfectly legal to say, for example, "Kyle Rittenhouse is a murderer" despite him being acquitted.
That's ... not quite true. I wouldn't go that far.
Sure it is, that's how the 1A works. Saying he was convicted of murder is not true, but calling him a murderer is an opinion. Your opinion doesn't even have to be reasonable. It just has to be based on facts that both you and I have.
1A rights are construed really broadly. The courts don't do the 'he wasn't legally convicted therefore it's illegal to call him one' thing.
If that were true, news organizations wouldn't be as careful as they are to preface the word "alleged" before the behavior -- before or after a trial. I don't think you'll find any reputable commercial newsgathering organization that makes a plain statement that Kyle Rittenhouse is a murderer.
The First Amendment doesn't protect the speaker against all forms of defamation (though it does put some barriers up that make it harder to win in some circumstances). If it did, defamation as a cause of action wouldn't exist at all.
As a practical matter, though, this is largely theoretical. Once you've been through the rigamarole of arrest, prosecution, and trial, even if you're found not guilty of the crimes committed, the reputational damage is just too widespread. You're not going to go after the defamers: there are just too many, and if you tried, there would be a fair question as to whether you have any positive reputation left to injure. Your life is pretty much ruined. It's a pretty terrible situation for the wrongly accused.
In my opinion, a .online domain is unsafe. 99% of people only visit ".com"s unless they clicked a scam link. Completely blocking the site is overkill, but the browser should warn you about it like it does with non-SSL sites.
thanks for the laugh. Even if you only meant people from the US this is likely not true. What about government websites at .gov? 99% never visit them?
In other countries local TLDs are of course normal (e.g. .it for Italy, .za for South Africa, .cn for China...) and not only used for scam links.
What? I find myself on .net-s and .org-s all the time. For example... Wikipedia is .org. Do 99% of people not visit Wikipedia?
I mean .org or .gov is fine, just not stuff like .online or .info.
They should be held legally culpable for libellous claims they make.
I dont care if their pre-LLM ai says "thingy bad". They are responsible for the scripts or black boxes they control. I dont care if they dont give a reason.
Claiming bad/malicious/etc site is 100% libel. And doubly so, anybody who has been forced to agree to a ToS with binding arbitration should have it removed for libel.
> Claiming bad/malicious/etc site is 100% libel.
No it isn't. https://www.law.cornell.edu/wex/defamation
Please, use words correctly.
The words in your link do not support the words in your comment. Don't be snarky unless you are certain you're correct.
> a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.
They falsely marked the site unsafe[1] on a published list[2], the results weren't checked and couldn't be appealed[3] and OPs site was taken down[4].
Sounds textbook to me.
It does. "Unsafe" is not a fact, it's an opinion.
"When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"
Opinions and facts in a legal context usually comes down to who is saying what. Someone personally says "this soup is bad" on a review site = opinion. A news site plastering it on their front page = fact.
A person saying something as an individual is usually considered an opinion. A company doesn't have that same protection.
> "When Google marks a site as "unsafe" or "dangerous" in Chrome or search results, it is a factual finding based on automated detection of specific, technical security threats, rather than a subjective opinion. These warnings are triggered by Google’s Safe Browsing technology, which scans billions of URLs daily to protect users from malicious content"
Whom are you quoting here? A court opinion?
Nope. Not correct. Companies have the same 1A rights, too.
In the US, it really doesn't matter who says it, the only thing that matters is who it's being said about.
If you are a "public figure" -- which is a much broader category in 1A law than you think -- then in order to prove defamation, you have to prove the thing was false _and_ that the person saying it knew it was false at the time. Not that they were mistaken, not that they were careless, not that they knew later, they deliberately lied and knew they lied as they said it.
If your next question is "how do you prove what someone was thinking", then yes. That is the reason it's nearly impossible.
Not talking about 1A rights or public figures. We are talking about
Opinions (Protected) vs Facts (Not Protected)
Defamation cases where individuals say something are usually considered opinions and companies are usually considered facts in the eyes of the courts. I say "Usually"
Defamation also DOES NOT require intent, but it requires a minimum level of fault (negligence)
Google saying something is unsafe in the web search or browser would not be considered an opinion because of their position of authority. It would not even be a debate since Google has already said they make decisions based on facts and data presented to them.
The only question is are they negligent in their assessment or response to a false report. And what would be the damages. In the case of a phishing report that is false courts would already consider it defamation per se (damages presumed)
> Google saying something is unsafe in the web search or browser would not be considered an opinion because of their position of authority.
Everything the Supreme Court rules is an "opinion." And they're the ultimate arbiter of legal questions in the U.S.
Whether a statement is a fact and whether the person who said it is considered an "authority" or not are independent concerns.
We are absolutely talking about the 1A lol. Defamation is 1A law. It is one of the few recognized exceptions to the 1A.
And we are also 100% talking about public figures. "Public figures" include companies and it's a critical part of 1A since Times v Sullivan.
Google is a US company and has 1A rights. That's how it works. The rest of what you said is nonsense and is your idea of how it should work, but has nothing to do with how it actually works.
To be more accurate, defamation is civil tort law, circumscribed by the First Amendment. (Defamation as a cause of action is quite old, reaching back to our English common law roots, and goes back further in history, I believe.)
How was this Google’s fault? Seems clearly like Radix’s fault.
If a newspaper publishes a false story about a business and someone takes it upon themselves to attack the business, it's partially the newspaper's fault.
If a newspaper publishes a story about a business and someone takes it upon themselves to attack the business, the attacker is at fault, regardless of the veracity of the newspapers claims.
I am in Canada, but I think it is the same in the US? A newspaper can be responsible here. For example, if they say "people should riot" and a riot happens, the newspaper could be responsible for all actions that resulted the same as if they were the ones doing the crime.
Same with if they become aware of defamation and fail to retract and make a statement. But newspapers will generally also thoroughly investigate themselves to make sure what they are publishing is true.
It is not the same in the U.S. (And, to be honest, I'm quite doubtful this is true in Canada, though I could be persuaded through legal citations that it is.)
"Under the Criminal Code of Canada (Section 21), you can be charged as a "party" to an offence if you were involved in planning, "encouraging", or aiding in its commission" Criminal Code (R.S.C., 1985, c. C-46)
"21(1) Parties to Offence: Anyone who actually commits the offense, aids in committing it, or abets (encourages) someone in committing it is a party to the offense."
I work in a law firm but NAL. I could probably find some cases if I had time. Most of the responses from people saying defamation is not very successful and "good luck" in the us because of 1A seem strange to me also.
It's both's fault. Google for making false and clearly damaging statements (libel) and Radix for acting on them.
(IAAL but this is not legal advice.)
It’s not libel. Defamation requires a false statement of fact. Marking a website as “unsafe” is an opinion.
I always wonder what the settlement and damages would be if google marked Amazon as a phishing site for even a few minutes.
The problem is that these gatekeepers of the internet respond to false statements of facts/opinions by so called professionals.
I had cloudflare mark a worker as phishing because a AI "security company" thought my 301 redirect to their clients website was somehow malicious. (url redirects are normal affiliate things)
If the professionals don't understand the difference and cloudflare and google blindly block things, this is scary.
There is a potentially different cause of action, tortious interference with business relationships. It does require that the defendant intended to interfere in a way that would cause harm to the plaintiff, though. Proving Google intended such harm would be difficult and expensive.
Google intends harm to everyone on that list. That's the point of the list. Google is unlikely to have intended this specific harm, but they don't have to.
That won’t cut it in court.
Marking a website as "unsafe" in Chrome is equal to standing in front of the door of a small restaurant and blocking 71% of people going inside. Everyone first has to agree that they will enter the restaurant at their own risk.
That is more than an opinion. Chrome has a monopoly and should act accordingly. Blocking entry to a website should be a last resort, not just because someone didn't add their website to the whitelist.
Yeah. Everyone uses their list and being blocked by all web browsers is like having someone cover the doorway with a massive DANGER sign. It's insane that people are roaming around here arguing that it's ok because the damage caused is a necessity for "internet scale".
Right now, any damages are completely speculative at this point. I would suspect in this case, the damages are minimal, and taken in the broader context, the good outweighs the harm. Do you have evidence to the contrary?
The good outweighs the harm until it happens to you. The problem is that even if the failure rate is low, the failure can be catastrophic for the people suffering from it.
I use Ubiquiti as an example for an update they pushed to their UniFi systems a long time ago (5+ years). Some people were configuring their devices to use an https URL to connect to a management console when it was supposed to be http. Before the update, the console accepted http on the https port. After it didn't. That caused devices to disconnect from the management portal and remain offline.
When people complained, Ubiquiti said they realized it would happen, but it "would only affect a tiny percentage of customers." However, most customers that were affected had a 100% rate of failure. One person had something like 600-700 devices that got disconnected and required manual reconfiguration.
A 1% failure rate might be ok for the company, but it shouldn't be if the 1% of people affected suffer 100% failure. The distribution of the failures needs to be considered.
I had my primary domain that my entire family has used for 25 years put on that blacklist. If I hadn't been able to get it removed it would have had a massive negative impact on my life. Had it been suspended by the registry the way the OP of this article describes, I'm not sure how it would have worked out.
So it may be a false positive of .0000000001%, but would have ruined my life. I have 900 entries in my password manager and probably half of them are tied to that domain. Is my entire digital life acceptable collateral damage? Is yours?
Indeed. It is almost like how the Mafia operates. This person didn't submit his website to Google and now Google blocks visitors.
It isn't just chrome. Firefox, Safari, and Edge also use that list.
It's being stated as fact, not as an opinion.
(IANAL) It's not about how it's stated, but whether it can be objectively proven to be true or false. "unsafe" refers to the likelihood of something bad happening in the future. You can't prove that something bad will happen in the future, so it's opinion.
Also not a lawyer, but that makes intuitive sense. If I say "that food tastes bad", it's phrased as a fact, but a "reasonable person" (which is in fact a legal test used for some things, although I admit I'm not sure about libel) knows that there's an implicit "...to me" qualifier because the concept of taste itself is inherently subjective. My instinct is that while there are some things everyone would agree on as unsafe, it pretty quickly turns into a judgment call, and it probably makes sense to allow even ill-informed opinions that are made in good faith rather than malice or negligence. The question then becomes whether there's sufficient evidence to conclude something like that, and while the bar is lower for a libel claim than something criminal, it's still not obvious this would be provable here.
"Unsafe" is just a terribly vague word, too. As a layman, I wouldn't even know what that means with respect to a web site. What's "unsafe" about it? Is it going to shoot my dog? Is it going to drain my bank account? Is it going to give my computer a virus? Saying a web site is "unsafe" really isn't providing any interesting information, and it shouldn't be acted upon by pretty much anyone.
I agree that it’s not specific, but I disagree that it should be blindly ignored. It’s not like they have no reason whatsoever for their opinion.
This seems like a distinction without difference, given everyone in the ecosystem takes that "opinion" as true fact, including the market-leading browser produced by the "opinion"-haver.
I get that's mostly what corporate lawyers argue about, but it's functionally dishonest in this case.
That's like a business being dissolved because it got a bad rating from BBB. Absolutely insane.
That is the bit that jumped at me immediately too. Why would a registrar take it upon itself to suspend a domain that another entity entirely blacklisted as part of their own completely opaque process? Who is Google? God?
On the flip side of the coin I cannot get a site removed that is a blatant rip off of one of our websites being actively used for invoice redirection fraud.
It's like being unable to get a passport because Microsoft has you on The List, and Microsoft needs to see your passport to check why you're on the list.
Considering that getting a domain is a normal part of business these days, this kind of thing should be illegal. Not to mention, why does Google have any say in this?
You know it's getting bad out there when corporations act like the government.
It's like the domain registrar is acting like a vassal state. I don't think Google actually has any say in their decision.
> Why would a registrar take it upon itself to
Because keeping Google happy or at least not bothered is an existential priority for registrars
I am suspecting something like this too but what is the mechanism by which Google would have influence on the registrar? As far as they are concerned the domain is gone from their index.
Well until a human can verify.
Which likely is slow without a poke it's reasonable to base the decision on whats available.
That's just how reputation works.
It doesn't sound reasonable to me at all. Why would we think that the reasons google blacklists a domain would align perfectly with reasons a domain name would be suspended? In the end they don't seem to agree already since the domain was unsuspended. Who knows why it was blacklisted by google? Even the decision to unsuspend it looks arbitrary.
and anyone that trusts googles judgement here clearly needs a reputation of their own
Should domain name matter? Or this applicable to any domain?
Where did you do the warning?