Nathan Roach

Nathan Roach

Nathan Roach  //  An attorney and technologist, Mr. Roach maintains an active intellectual property law and litigation practice focused on helping inventors, innovators, and startups avoid trouble, protect their IP, and stay focused on transforming their field of endeavor.

As a former programmer and active entrepreneur, Mr. Roach also seeks to build new solutions to today's problems. Some past tech highlights include:

1999: Employee #19 @ Rackspace.com
2002: Co-Founder of Litigation Dynamics Inc.
2007: Involved with the Supreme Court of Texas Webcasting Project and the St. Mary's Technology Courtroom Project
2008/9: Guest lecturer, St. Mary's University Advanced Trial Advocacy course.

Feb 11 / 11:55am

Attorneys Are More Popular Than Lawyers

The word "attorney" is searched for in Google with nearly three times the frequency of the term "lawyer", at least within the United States. I would have expected expected the inverse, based upon the frequency with which I hear those terms mentioned in casual conversation. This is good data if you're a practitioner engaged in marketing your services. Call yourself an attorney, not a lawyer.

Viz

This chart was generated by Google, comparing the relative traffic of the word attorney (red) vs. lawyer (blue). The upper graph indicates that among actual searches, the attorney term is much more popular. it also appears to have a relatively steady demand. Attorney has more volatility than lawyer, and both exhibit some interesting temporal shifts. For example, both terms drop in popularity near the end of each year. Perhaps the holiday spirit cuts down on people's desire to initiate litigation, or people just stay out of trouble around Christmas, who knows!

When you look at the lower graph, there's not as much of a spread between the terms, as used by the news media. My hypothesis is that when people need representation, they search for an attorney. When the news is reporting on someone's bad behavior or about attorneys in general, the word lawyer is used as a pejorative. You hear a lot more lawyer jokes than attorney jokes. There also seems to be an increase in both by the media, and it doesn't seem to correlate strongly with economic indicators such as stock market performance. Simply put, although the demand for attorneys in the general population is more or less static, the media seems to pay increasing attention to our profession. Make of that what you will.

Filed under  //  Google   attorney   data   lawyer   seo   statistics  
Jan 21 / 5:23pm

Google CEO bails on China bluff?

(SAN FRANCISCO (Dow Jones)--Google Inc. (GOOG) Chief Executive Eric Schmidt said his company remains "quite committed" to remaining in China, but will in a "reasonably short time" make changes to its now-censored search results.

"We wish to remain in China. We like the Chinese people and our Chinese employees. We like the business opportunities there and we'd like to do that on somewhat different terms than we have, but we remain quite committed to being there," he said on Thursday.

Schmidt said the company was "in conversation" with government authorities and that Google's business in China today remains unchanged.

"We continue to follow their laws, we continue to offer censored results, but at a reasonably short time from now we will be making some changes there," he said during a conference call with analysts after the Mountain View, Calif.-based company reported better-than-expected fourth-quarter results.

It looks increasingly like the Google threat to pull out of China or stop censoring results was nothing more than a bluff: one they were destined to lose. The Chinese government isn't known for caving to public opinion or threats that don't have a very big stick in the background. Frankly, it seems naive for Google to think it could change that stance.

If Google will "continue to follow their laws" and "continue to offer censored results", that seems like a whole like folding when your bluff is called.

As to Google's line in the sand? In a "reasonably short time from now" they will "be making some changes there". That's a loophole wide enough to swallow the great wall.

Google: changing the menu on the cafeteria wall isn't the same as making good on your threat "to shut down Google.cn, and potentially our offices in China".

Filed under  //  China   Google   bluff   censorship   eric schmidt  
Jan 13 / 1:56pm

Google China Hack Demonstrates the "Law of Unintended Consequences" even if Google doesn't exit China.

Some of Google's Gmail systems were hacked by what are believed to be Chinese intruders.  Whether the hackers were state sponsored or not remains to be determined, but the very presence of an announcement by Secretary of State Clinton lends credibility to that possibility.  Aside from the questions that this breach raises about cloud computing in general, the exact nature of what was stolen is even more interesting.  Normally, I avoid opining in public on matters that might be considered political, but the technical details of this attack are fascinating enough that I thought it was worth adding to the public discussion on this one:

The ironic part of this attack is that Google may have been under surveillance by the hackers through back-doors built in to allow US surveillance in the first place.

Based on preliminary reports, it appears that the data the hackers were able to obtain was actually metadata about the emails.  This might include subject line, dates, times, and recipients, but not the actual contents of the email.  The reason this data, and not the email contents, was vulnerable is in part because of US anti-terrorism laws.  A pen register search can access  routing, addressing, or signaling information transmitted by an instrument or facility from which an electronic communication is transmitted and equivalent information used to identify internet traffic.

How would someone get access to this kind of pen register data?  Most likely by accessing tools built-in by Google to allow surveillance of Google records by US law enforcement! According to some published reports, the "malware is accessing the internal intercept [systems].'" According to security experts, "As the volume of requests from law enforcement at all levels grows, the compliance burdens on telcoms grow also—making it increasingly tempting to create automated portals to permit access to user information with minimal human intervention."

In essence, it appears that our own surveillance systems were turned against us.  Prior to this breach, some information requests had been directed at Yahoo!, Verizon, and other major internet carriers, seeking to discover the extent of the automated data tracking systems.  The companies opposed these requests, saying that telling the public would "shock" customers, "shame" the companies, and "confuse" customers.  It has been reported that "Sprint’s head of legal compliance revealed that their automated system had processed 8 million requests for GPS location data in the span of a year, noting that it would have been impossible to manually serve that level of law enforcement traffic".

Now, it looks as if the cat is out of the bag. It's not clear at this point why Google decided to publicly disclose the nature of the breach instead of keeping communications private.  As the story develops, it will be interesting to see how this mix of statecraft and enterprise business plays out. However, when viewed in conjunction with the recent killing of CIA agents in Afghanistan, it is clear that an active surveillance and counter-terrorism policy doesn't come without consequences.

The question of whether the consequences are worth the benefits is a matter for public policy debate.  In a way, the data breach at Google is a good thing, because it has generated broader public debate about the role of corporate america in statecraft, and whether US companies should make moral judgments in the conduct of their business.  It's worth talking about.

Filed under  //  China   Dissidents   Gmail   Google   Hack   google attack   search and seizure  
Dec 15 / 10:29am

Google Phone a disruptive force ... in a way the iPhone should have been years ago.

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When Steve Jobs introduced the iPhone, Apple had an opportunity to disrupt the entire mobile ecosystem. Instead, they chose to tie the JesusPhone to AT&T, a carrier that is often viewed as more devil than angel.

Now, Google's Nexus One phone promises to do for carrier relationships what the iPhone never did. Unlike the iPhone that debuted at nearly $600 and is now available in refurb trim at $99, Google is coming right out of the gate with a $199/99 price. That means that an unsubsidized phone is within reach of most smartphone consumers and many others who would have been stuck with a traditional phone or a long contract.

But that's not the most revolutionary part. If news reports are to be believed, "Google will push full VOIP usage on these, meaning no voice/sms plans needed at any carrier." Reports also claims that "Voice calls will go through Google Voice on Data SIM cards and will provide unlimited free voice calling. And SMS is replaced by unlimited free Gtalk."

This is a huge shift, and if it's implemented right, could change the landscape of smartphones. It's also a huge risk for Google. Google and AT&T have already found themselves at loggerheads with the FCC over common carrier requirements. Use of VOIP on the Google Phone is certain to inflame the situation further.

This also threatens the cash-cow SMS market if the Google Talk functions implement an SMS gateway and a UI that makes it easy to communicate on both Jabber/XMPP and SMS backbones. SMS is pure profit and the carriers aren't likely to appreciate this encroachment on their most lucrative revenue stream.

But, if Google already has T-Mobile on board with the concept of providing essentially a data-only plan, we could see a big shake-up in the carrier landscape as providers rush to bolster their data pipeline. Is AT&T likely to win that kind of war? I certainly wouldn't put money on it.

I can also envision a "Nexus Two" in the not too distant future that has a modular transceiver allowing it to operate not just on GSM/HSPDA networks but interchangeably on WiFi, WiMax, LTE, and other 4G technologies. At this point, the carrier's signally method makes far less of a difference and the carrier basically becomes a dumb conduit for your IP-based bitstream.

Bonus question: if the Nexus One really does signal a shift to data service as the sole function of a carrier, does that portend a shift to usage-based data billing

Filed under  //  AT&T   Android   FCC   Google   Google Phone   Nexus One   T-Mobile   iPhone