Tuesday, April 16, 2013

Clearly we need to react when mental health professionals flag an individual as dangerous. I see no indication that that happened here. And don't get me started on the argument that the only way the police knew what guns he had were because he had followed the law and registered them.
There was a story from upstate New York that didn’t get my attention when I first read about it. A man was ordered to turn in his guns under New York’s new SAFE Act, allegedly because he had taken anti-anxiety medication and his mental health history made him a danger to himself or others. His guns were returned to him after it was discovered that a mistake had been made and he was not the individual with the mental health history. The case is raising questions as to whom is responsible for investigating before a referral is made to the courts to revoke someone’s permit or have them turn over their guns.
But there’s even more to the story, it seems, and some legislators and the man’s lawyer are raising questions about whether medical records are being scoured without warrants. Capital Tonight reports that the man’s attorney, Jim Tresmond, is filing a lawsuit:
Tresmond claims while investigating the “mistake” he discovered that State police had examined his client’s medical records without a valid search warrant. Tresmond said that’s a clear violation of federal and state privacy laws in addition to the New York State Criminal Procedure Law.
“This is not a simple case of mistaken identity. Mr. Lewis’ medical privacy was invaded and he was publicly defamed and humiliated by New York State officials,” Tresmond said.
Tresmond went a step further, accusing the State of creating a “clandestine HIPAA unit” within the Division for Criminal Justice Services, charged with examining New York residents’ medical records without warrant.
“I believe there are seven officers assigned to this unit, who are assigned to review those HIPAA files. And try to nab those people who are on certain medications, certain treatments, and then pull their licenses across the state,” said Tresmond.
A State Police spokesperson told YNN the accusations are “flat wrong.”
Read more on Capital Tonight.
In related coverage, Dan Roberts discusses the alleged HIPAA unit on AmmoLand, where he repeats a report that the unit was created at the request of Homeland Security. At this point, there’s been no proof or named sources, however, so I’m not sure what we can make of all this.


Wow! And only a couple (three) years after the first reported case.
CBS/The Associated Press reports:
Gov. Chris Christie has signed a measure intended to prevent New Jersey school districts from violating students’ privacy rights by tracking them through school-issued laptops.
Districts that provide students with laptops, cell phones or other electronic devices will now have to provide written notification that the device may track them. The notification also must include a statement that the school won’t violate the student’s privacy rights.
Read more on CBS

(Related) Now perhaps they can think about generalizing that law a bit...
Following a public comment period, the Federal Trade Commission has approved nine final orders settling charges that seven rent-to-own companies and a software design firm and its two principals spied on consumers using computers that consumers rented from them. The companies used software to take screenshots of confidential and personal information, log customers’ computer keystrokes, and in some cases take webcam pictures of people in their own homes, all without the customers’ knowledge.
In settling the FTC’s administrative complaint, the respondents will be prohibited from using monitoring software and banned from using deceptive methods to gather information from consumers. The settlements will prohibit the use of geophysical location tracking without consumer consent and notice, and bar the use of fake software registration screens to collect personal information from consumers. The seven rent-to-own stores will also be prohibited from using information improperly gathered from consumers to collect on accounts. In addition, the software company, DesignerWare, and its principals, Ronald P. Koller and Timothy Kelly, will be barred from providing others with the means to commit illegal acts. All of the proposed settlements contain record-keeping requirements to enable the FTC to monitor compliance with the orders for 20 years.
The respondents, with links to the respective orders and associated public comments, are:
  • DesignerWare, LLC [order | comments];
  • Timothy Kelly and Ronald P. Koller [order | comments];
  • Aspen Way Enterprises Inc. [order | comments];
  • Watershed Development Corp., doing business as Watershed and Aaron’s Sales & Lease Ownership [order | comments];
  • Showplace Inc., d/b/a Showplace Rent-to-Own [order | comments];
  • J.A.G. Rents LLC, d/b/a ColorTyme [order | comments];
  • Red Zone Investment Group Inc., d/b/a ColorTyme [order | comments];
  • B. Stamper Enterprises Inc., d/b/a Premier Rental Purchase [order | comments]; and
  • C.A.L.M. Ventures, d/b/a Premier Rental Purchase [order | comments].
The Commission vote approving the final orders and letters to members of the public who commented on it was 3-0-1, with Commissioner Wright not participating. (FTC File No. 112-3151; the staff contacts are Julie Mayer, 206-220-4475, and Tracy Thorleifson, 206-220-4181.)
Source: FTC
Of course, as regular readers of this blog know, there are ongoing lawsuits against Aaron’s that include allegations that some of the problematic behavior may have continued after the consent orders were first posted for public comment.
I don’t know if you generally read the comments submitted by the public on proposed settlements, but this one generated a lot of public comment – much of it seemingly by employees and rental store owners who are not happy with the FTC and think that the case was misrepresented.


Like Real Estate, the law is all about location, location, location.
From EPIC, yesterday:
In an order today, the U.S. Supreme Court has declined to reviewa decision concerning e-mail privacy. In Jennings v. Broome, the South Carolina Supreme Court held that the federal Electronic Communications Privacy Act (ECPA) does not protect emails stored on remote computer servers. As a result of this case, users in South Carolina have lesser privacy protections than those in California where a federal court reached the opposite conclusion. EPIC, joined by 18 national organization filed an amicus brief, urging the US Supreme Court to clarify the scope of e-mail privacy protections. For more information, see EPIC: Jennings v. Broome and EPIC: Electronic Communications Privacy Act
It’s unfortunate that the court does not explain why it declines to review a case. In the meantime, Congress has failed to update ECPA to clarify and strengthen protections that we need in a digital world.

(Related) Another “exception” to privacy?
From FourthAmendment.com:
Defendant had no reasonable expectation of privacy in his computer from police accessing it via Limewire when he was hooked up to the Internet. He did not create an expectation of privacy from his efforts to hide files on his computer. Warshak has no application to this situation. United States v. Conner, 2013 U.S. App. LEXIS 7437, 2013 FED App. 0365N (6th Cir. April 11, 2013)
Read more about the opinion on FourthAmendment.com.
[From the article:
Warshak does not control this case because peer-to-peer file sharing is different in kind from e-mail, letters, and telephone calls. Unlike these forms of communication, in which third parties have incidental access to the content of messages, computer programs like LimeWire are expressly designed to make files on a computer available for download by the public, including law enforcement.


“We've invited Mr. Fox here to give us a lecture on henhoue protection.” What could possibly go wrong?
Andrea Smith reports:
Facebook and privacy sometimes seems like an oxymoron — words or ideas that contradict one other. Users complain about Facebook’s privacy settings being too difficult to understand and properly implement.
Now, Facebook and the National Association of Attorneys General (NAAG) want to change that through a consumer education program.
Read more on Mashable.


Related to a “Right to be forgotten?” Worth skimming the Comments.
"The last few months a digital inheritance idea has been floating around in my head, and I am sure the thought has crossed your mind as well. With Google talking about the inactive account program it made me wonder, how do I make sure my children get my iTunes, and amazon movies? I have plenty of mp4 movies on my server that will just set itself to admin with no password after I do not log in within a 6 month time frame. But what about the huge amount spent on digital content every year? What's the best way to make sure your "digital inheritance" gets passed down?"


Inside the minds... (Such as they are) “We plan on moving to this new and clearly superior technology, but first we have to be sure we can screw it up with the technology our customers hate.” Not yet to the point where the tail can wag the dog.
Netflix plotting move to HTML5 video - but only if DRM works
… In a blog post on Monday, reps for Netflix – which by some estimates now accounts for around a third of all internet traffic in North America – said the company definitely plans to get off the Silverlight boat before it sinks for good in 2021, and that HTML5 video is probably the solution ... but it's not quite there yet.
The problem? As Netflix cloud architect Adrian Cockcroft candidly explained at the seventh annual Linux Collaboration Summit in San Francisco on Monday, "We're trying to get to the point where we don't need a plugin. But we have to have DRM."
… When asked by a Linux Collaboration Summit attendee what Netflix was doing to help push back against Hollywood's insistence on DRM, the way Amazon and Apple have done for music downloads, Cockcroft was brutally frank.
"Right now what we're basically doing is giving billions of dollars to Hollywood to buy the content, so that they can afford to build more content," he said. "That's basically the business we're in. We're a major source of funds for Hollywood and we're mostly concerned about getting content made and getting it out to our customers."


Plan ahead.
April 15, 2013
OECD - Machine-to-Machine Communications Connecting Billions of Devices You or your institution
Machine-to-Machine Communications - Connecting Billions of Devices, Publication Date, 30 Jan 2012. Bibliographic information No.: 192 Pages. 45. DOI 10.1787/5k9gsh2gp043-en
  • "This document examines the future of machine-to-machine communication (M2M), with a particular focus on mobile wireless networks. M2M devices are defined, in this paper, as those that are actively communicating using wired and wireless networks, are not computers in the traditional sense and are using the Internet in some form or another. While, at the global level, there are currently around five billion devices connected to mobile networks, this may by some estimates increase to 50 billion by the end of the decade. The report provides examples of some of the uses to which M2M is being put today and its potential to enhance economic and social development. It concludes that to achieve these benefits, however, changes to telecommunication policy and regulatory frameworks may be required. Some of the main areas that will need to be evaluated, and implications of M2M assessed, include: opening access to mobile wholesale markets for firms not providing public telecommunication services; numbering policy; frequency policy; privacy and security; and access to public sector information."


Create a virtual library?
Here at MakeUseOf we get a lot of questions on MakeUseOf Answers asking for sources of free eBooks. The benefit of owning a physical, printed book lies in the ability to pick it up, examine it and borrow or loan it to friends and family. It’s no secret that the traditional lending of literature can be achieved using Amazon’s Kindle format, but this is only possible between other Kindle users.
And so that’s where Ownshelf comes in. The service which is currently in beta uses Facebook as a platform for connecting you with people you already know. In reality, it’s like a Dropbox for eBooks and best of all it doesn’t matter which eReader you own or which eBookshop you frequent, provided the format is ePub you can share between platforms.
Once you’ve logged in and approved the app to use your Facebook account you can upload files in ePub format which will then appear on your bookshelf ready to be shared with your friends. You can also browse the shelves of others in your friends list or borrow books with the click of a button, though you might want to tell your eReading buddies to sign up for the Ownshelf service as it feels a little empty on your own.


I may have mentioned that I like lists. This one is not just for teachers...
50 Education Technology Tools You Can Start Using Today
Finding the best education technology tools is a time-consuming task. It may even be viewed as a chore (for some). Typically, one tracks down a handful of useful apps or web tools and puts them through their paces at home. Then you probably don’t use any of them because each tool took far too long to understand, use, become accustomed to, and actually implement in a classroom.
That’s why I was so excited to find this Symbaloo created by user lcobbs detailing 50 great classroom tools that are all easy to implement into just about any classroom. From Animoto to Prezi to Dropbox to Stixy (wait what?), there’s a lot to check out. Don’t know all 50 tools? I didn’t! Click on each icon to get an idea about each tool and learn more.

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