Sunday, October 13, 2013

You say toe-may-toe
I say toe-mah-toe
You say man of integrity
I say “What the hell were you thinking?”
Video: Edward Snowden wins Sam Adams award
This week Edward Snowden received the Integrity Award from the Sam Adams Associates for Integrity in Intelligence. These videos from the award ceremony are the first of Mr Snowden after being granted asylum in Russia.


Amusing, but using you attorney's copyrighted photo? Priceless.
The retaliation begins: Google profiles get Schmidt-faced
… In a stunningly predictable decision, Google has decided to use your name and profile to bolster the blinding authenticity of its advertising.
Yes, without paying you. Well, this is the free economy, isn't it?
Oddly, some people seem stunned by this -- despite the fact that the program largely resembles Facebook's Sponsored Stories.
So, evidence of a small movement against Google's ploy has emerged. It involves putting naked Photoshopped pictures of Google's Larry Page, clutching a rose to his face, on everyone's profile page.


In theory, the SSAN isn't used as identification, so why the kerfuffle?
There’s a somewhat bizarre case brewing in Montrose County, Colorado, where a Montrose Memorial Hospital trustee has refused to provide his Social Security number for a background check. He claims he’s under no obligation to, but the hospital board of trustees says the hospital stands to lose its status as an eligible Medicaid and Medicare provider if he doesn’t comply with a bylaw.
Read about the dispute on The Watch.
[From the article:
Harding, in response to the request to disclose his social security number, said he believes he is under no obligation to do so, and has asked Montrose County staff to investigate whether he is required to do so. At the Sept. 16 meeting of the Montrose County Commissioners, County Manager Rick Eckert said his investigation concluded that the board of trustees has no legal basis for requiring a social security number.
Harding said on Wednesday that according to his research on the matter, the Office of Inspector General at the Department of Health and Human Services, the Joint Hospital of Accreditation Commission and the Colorado Department of Public Health and Environment all state he doesn’t have to provide his social security number.
… Harding went on to say that he agreed to sign a form to allow a background check, and on that form, providing a social security number was marked “optional.” He questioned the board of trustees’ distrust of him.


Yesterday over lunch my favorite Law School professor and I discussed creating a “Willie Sutton, because that's were the money is” award. Once they have all this data in one place, (collection paid for by the Feds) who else would like a copy?
WWNT Radio reports that Alabama’s state board of education has “adopted a policy that supposedly protects student privacy while it allows the collection, data-mining and sharing [Translation: selling Bob] of private, non-academic information on students without parental permission.”
Why would they do this? Follow the money and federal strings:
“ALDOE received one-half billion dollars from the 2009 Stimulus Bill in exchange for developing a state longitudinal data system. Also, when the Board applied for a waiver from No Child Left Behind, it agreed to implement the standards, aligned assessments, and data-mining; and it will receive additional multi-millions of dollars. The Board no longer has the power to protect student privacy because they’ve ‘sold’ their right to the federal government. Only the State Legislature can help us now.”
Personal data unrelated to academics will include some students’ behaviors and psychosocial attributes. Zeanah stated, “Children can be asked about their sexual preferences, drug use, political and religious beliefs, etc. Given the recent examples of how the federal government uses data to punish its political enemies and picks winners and losers, why would the Superintendent and state board (with the exception of Stephanie Bell and Betty Peters who voted against the policy) want to subject our children to this threat? The only way to protect our children is to not collect compromising information in the first place. Let’s hope the Legislature will right this wrong.”
Obviously, this is not just a problem or concern in Alabama, but a nationwide problem. EPIC’s challenge to the 2011 changes in FERPA failed for lack of standing. It is not clear whether they will try again with different plaintiffs who might meet the requirements for Article III standing. That so many parents nationwide have not risen up to organize and fight these massive databases is concerning. And as much as I don’t want to see any database leaked, I’m wondering what it will take before the public wakes up and realizes the danger of compiling so much sensitive info on children.
Wake up, people, before it’s too late for your kids.


He would not have had the same impact if he had merely said, “...because some pervert might use your photo in a seminar.”
A painful lesson on “no reasonable expectation of privacy,” but will this serve as a cautionary tale for our youth, as district personnel may have intended? I doubt it.
A judge tossed out parts of a lawsuit filed against the Fayette County School District after an administrator displayed a student’s bikini picture during a seminar on Internet safety.
“I was embarrassed. I was horrified,” Chelsea Chaney told Channel 2′s Rachel Stockman. “It never crossed my mind that this would ever, ever happen to me.”
Chaney, who is now a college sophomore at University of Georgia, said the Fayette County Schools Director of Technology used a photo taken from her Facebook profile to tell parents and students about the dangers of posting pictures on the Internet and the long-term effects. The presentation happened at a district-wide seminar.
Read more on WSB Radio.


Considering a BYOD policy?
Law360.com reports:
An Ohio federal court recently found that a former Verizon Wireless employee could pursue Stored Communications Act claims alleging her supervisor read her personal emails on a company-issued BlackBerry without consent, serving as a warning that employers risk liability under the criminal statute without clear policies on personal use of company devices and use of personal devices in the office, attorneys say.
Read more on Law360.com (subscription required). The case is Lazette v. Kulmatycki (3:12-cv-02416), Northern Ohio.


The legal equivalent of crying “Wolf!”
UK Report Challenges copyright Claims Against Online File Sharing
Copyright & Creation – A Case for Promoting Inclusive Online Sharing, Bart Cammaerts; Robin Mansell; Bingchun Meng. The London School of Economics and Political Science Department of Media and Communications.
“The implementation of the Digital Economy Act (DEA) 2010 is not expected before 2015, a lengthy delay. The September 2013 report of the House of Commons Culture Media and Sport Committee fervently advocates quick implementation, despite evidence of controversy. This policy brief contributes to debate about the DEA’s measures for copyright enforcement by examining evidence on the way a changing digital culture is affecting the creative industries and on the potential impact of the DEA’s copyright enforcement measures. The DEA introduced a graduated response to online copyright infringement, i.e. Internet ServiceProviders send warning notices to individuals who are suspected of infringing and pass annonymous lists of suspected infringers to the rights holders. The rights holders can go to court to request the identities of infringers in order to take action against citizens. If this approach is ineffective in suppressing online infringement, technical measures could be used such as limiting internet access. We published a policy brief on Creative Destruction and Copyright Protection: Regulatory Responses to File-Sharing – in 2011 that examined online copyright infringement, practices of file sharing and its consequences for the music industry. Our key observations were:
1. Data provided by the music industry were misleading; contrary to what lobbying organisations were claiming, the music industry was doing reasonably well.
2. Declining sales of recorded music (mainly CDs) could also be explained by factors such as a squeeze on household expenditure on leisure goods and changing patterns of music consumption.
3. Declining sales of recorded music were offset by increasing revenue from live performances and growing digital revenues, including streaming services.
4. Intervention to enforce copyright infringement legislation on individual file sharers risks stifling innovation and criminalises a thriving online participatory culture. This policy brief provides additional evidence that counters claims that the creative industries are suffering overall revenue decline. We show that new business models are enabling the industry to gain advantage by building on a digital culture based on sharing and co-creating. We find that the experience of France and countries that have started to implement graduated response measures targeting citizens is mixed. We conclude the DEA should not be implemented and that the measures should be reconsidered based on an independent assessment of the social, cultural, and political impact of punitive measures against citizens, and the risk that incentives for innovation and growth will be weakened.”


For faculty and students. Now do you see why I want my students to write their own textbooks?
AAUP – Intellectual Property: An Education & Action Toolkit
“Intellectual property (IP) at colleges and universities refers most importantly to the products of faculty, staff, and student research and scholarship. IP falls into two groups—work covered by patent law and work covered by copyright law. Both categories have undergone significant change over the last generation. In response, university policies have either evolved or been radically revised. The most troubling changes have occurred in university patent policies, with major research universities leading the way in limiting or eliminating faculty members’ traditional rights to decide what happens to their discoveries or inventions. Many campus copyright policies remain good, but they are being undermined by the online course revolution, including the wave of interest in MOOCS, since many institutions have sought to deny faculty members their traditional rights to the instructional materials they author. Campus patent policies, however, have taken a radical turn for the worse, with a number of campuses revising them to mandate automatic institutional ownership of the fruits of scholarly work. We provide recommended language both for patent and online instruction policies. The AAUP believes it is now appropriate to issue a warning: your intellectual property is in danger. In trying to reassert the principles inherent in the US Constitution, two centuries of patent law, and a landmark 2011 US Supreme Court decision, the first task is educational. Everyone on campus needs to learn more about the law, the issues at stake, and the rights they can assert through collective action. This AAUP IP web section has been assembled to help you with the information you need to participate in informed discussion and organize for better campus policies. We are launching a national campaign in fall 2013 to publicize the website and inform people about the issues at stake.”


Every week Audrey give me articles to giggle over.
… the military has stopped financial aid payments for active-duty service members. Several universities, including Southern New Hampshire University, say they’ll cover the tab.
… Newsela, a startup that rewrites news articles for different reading levels, has raised a $1.2 million round of seed funding. [Dumbing down the news rather than teaching new words. Wonderful. Bob] More on the startup, which certainly is marketing itself to meet the new Common Core standards that push for students to read more “informational texts,” via Edsurge.
… The Houston-area Fort Bend School district has scrapped its $16 million iPad initiative.
… The Corvallis School District in Oregon will delay its iPad rollout, as it addresses concerns about students being able to bypass security software.
… LAUSD is still dealing with the fallout from its iPad fiasco. The school board says they're going to review the project. (Um, didn't they do this before deciding to spend $1 billion on it?!)
… Schools in Guilford County, North Carolina are putting their (Amplify) tablet initiative on pause after hardware and safety issues, including overheating chargers and easily broken screens. “Teachers will continue delivering instruction in other formats,” reports a local paper. PHEW!
… Faculty at Rutgers have voted to block the university’s plans to partner with Pearson to provide online degree programs. More details via Inside Higher Ed.
… The Kapor Center for Social Impact has released a report (PDF) and a database on CS education programs.

Saturday, October 12, 2013

Yet another company, dependent on their computers, that has no idea what programs are added or what data is copied? Perhaps they should hire a real manager.
Datapak Services Corporation, an order fulfillment and payment processor based in Swanee, Georgia, recently learned that malware placed on their system on March 5 may have compromised the credit card information of customers of “several” e-commerce web sites.
In a letter dated October 3, they note that customers’ names, addresses, and card numbers with expiration dates and security codes may have been exposed. The firm does not indicate how they first became aware of the breach. Nor does it name the web sites affected.
Those affected by the incident were offered one year of free services through AllClear SECURE and AllClear PRO.
A copy of their notification letter was posted on the Vermont Attorney General’s web site, here.


Perhaps the records were held by the FBO (Federal Boondoggle of Obfuscation) and you can't prove that agency even exists, so we win and you lose. “The FBI, making stuff up since 1929!”
Josh Crank reports:
The Florida socialite whose FBI complaint led to the resignation of Gen. David Petraeus is suing the government for allegedly leaking her private emails to the press and tarnishing her reputation. But the Department of Justice is demanding that the suit be tossed on a technicality.
[...]
Kelley’s lawsuit is based in part on the Privacy Act, which establishes rules for federal agencies that handle the personal information of U.S. citizens. In its motion to dismiss, the Justice Department called the Privacy Act a “highly technical” statute from which many of the FBI’s records systems are exempt. The motion doesn’t specifically state that the FBI stored Kelley’s private emails in one of these exempted databases, but rather argues the lawsuit should be dismissed because Kelley can’t prove that it wasn’t.
“Disclosure claims under the Privacy Act are governed by a rule of retrieval – to be actionable, disclosed information about an individual must have been retrieved from a protected system of records,” according to the dismissal motion. “But plaintiffs fail to make allegations to satisfy the retrieval rule, and that omission prevents plaintiffs from stating a claim for a wrongful disclosure.”
Read more on Lawyers.com
Isn’t this what discovery is for??


Is anyone old enough to remember Joe Namath in those pantyhose ads? Every similar odd/funny/shocking combination will no doubt go viral. Fortunately, I was wise enough to use a portrait with one of those little © thingies...
Google Is Going to Include Your Face in Its New Ads
… On Friday the company said it would begin including recommendations that Google+ users make in advertisements. The new policy kicks in on Nov. 11.
Here’s how it works: You use Google+ to rate some product or service. It turns out the company behind that product wants to advertise on Google. When the company purchases an ad, your friends will see a version that includes your photo along with what you said about the product.


Attention frogs! The water temperature is rising again. Just a little bit. Don't worry. Trust us.
Facebook Removing Option To Be Unsearchable By Name, Highlighting Lack Of Universal Privacy Controls
“Who can look up your Timeline by name?” Anyone you haven’t blocked. Facebook is removing this privacy setting, notifying those who had hidden themselves that they’ll be searchable. It deleted the option from those who hadn’t used it in December, and is starting to push everyone to use privacy controls on each type of content they share. But there’s no one-click opt out of Facebook search.


It makes sense doesn't it? After all, that's why the NSA thinks they can predict terrorist attacks by listening to phone calls and reading email. My concern is that mentioning suicide (oops I just did) would result in a visit from a “psychiatrist drone” or at least mandatory suicide counseling. It could be worse, what European country imposed the death penalty for attempted suicide?
Suicide chatter on Twitter hints at state suicide rates -- study
In the aftermath of a suicide, family and friends of the deceased sometimes turn to social media sites for clues as to why it may have happened.
But on a more hopeful note, the trails left on these sites may also serve as something of an early warning system that could help prevent some of these tragedies, according to researchers at Brigham Young University.
Reporting in the journal Crisis, the researchers say they sifted through millions of tweets gathered from all 50 states over three months, on the hunt for both direct discussions of suicide and keywords that are associated with a range of suicide risk factors.
Out of the millions of tweets on hand, they found 37,717 worrying tweets from 28,088 unique users with some location info available. They then determined each state's ratio of such tweets, and found that these correlated strongly with each state's actual suicide rate.


Does searching for value send you to Walmart & Associates?
Why Law Firm Pedigree May Be a Thing of the Past
Have you ever heard the saying: “You never get fired for buying IBM”? Every industry loves to co-opt it; for example, in consulting, you’ll hear: “You never get fired for hiring McKinsey.” In law, it’s often: “You never get fired for hiring Cravath”. But one general counsel we spoke with put a twist on the old saying, in a way that reflects the turmoil and change that the legal industry is undergoing. Here’s what he said: “I would absolutely fire anyone on my team who hired Cravath.” While tongue in cheek, and surely subject to exceptions, it reflects the reality that there is a growing body of legal work that simply won’t be sent to the most pedigreed law firms, most typically because general counsel are laser focused on value, namely quality and efficiency.


It seems to me that Aereo has carefully designed a legal service. Will the Supremes agree?
Broadcasters petition Supreme Court in Aereo fight
Television broadcasters Friday petitioned the US Supreme Court to get involved in their fight against Aereo, the online service that streams their over-the-air programming to its paying members.
Aereo, which is backed by IAC Chairman Barry Diller, uses tiny individual antennas to let consumers watch live, local broadcasts on some Internet-connected devices and store shows in a cloud-based DVR. Television giants including Disney's ABC, CBS (the parent of CNET), Fox, and Comcast's NBCUniversal sued Aereo, alleging that the service violates their copyrights and that Aereo must pay them.


Dilbert explains “Prior Art” for us non-lawyers....


Might be useful for handouts at seminars for example...
– easily create and share single-use, live web folders. Get yourself a free, disposable box. Put your files inside the folder and share it with other people, who can download those files. You can cancel the folder at any time.


Kids not learning Cursive in school? There's an App (and a robot) for that! (I'll write your notes for $4.99)
Outsource Your Thank You Notes to a Robot
… Unlike a printer, the robot manually moves a pen back and forth and scribbles a 255-character message in cursive.
… Keep in mind that even though the first note is free, each note afterward will cost $5.
[Video of the robot in action: http://www.youtube.com/watch?v=k49ncf60zN8

Friday, October 11, 2013

Not so hard to explain even without statistics...
App releases Azerbaijani election results a day early
… Dear governments of perhaps-slightly-less-democratic-than-it-appears regimes: the appearance of democracy is quite important. Just for, you know, appearances sake.
… This is something that the oil-rich Azerbaijani government might have overlooked. Or, rather, whoever is in charge of its Central Election Commission election mobile app.
For, as The Washington Post reports, the app dutifully pumped out marvelously accurate election results, heralding a stunning victory for current president Ilham Aliyev.
The only slight kink was that the app declared him the overwhelming winner the day before anyone had actually voted. Or should that be "voted?"


For my nay-saying lawyers friends. Are there any circumstances where he could successfully refuse? (How would you advise me to set up my “secure email service?”
Orin Kerr analyzes the filing by Lavabit:
Today Lavabit filed a brief before the Fourth Circuit challenging a civil contempt order for its refusal to turn over its encryption key that the government wants to enable the government to conduct surveillance of Edward Snowden. I think Lavabit faces a very uphill battle, and in this post I’ll explain why.
First, a bit of context. The government obtained several different court orders requiring Lavabit to disclose the key. First, they obtained a pen register order; next, they issued a subpoena for the key; and third, they obtained a search warrant for the key. Lavabit refused to comply with any of them, and the court imposed a fine of $5,000 a day until Lavabit agreed to hand over the key in digital form. (In a bit of a middle finger to the government and the court, Lavabit did turn over a paper copy of the key — which was 11 pages long in 4-point type — but refused to turn over an electronic copy. Understandably, the court didn’t consider that compliance.) Lavabit then shut down its service and handed over the key. In this appeal, Lavabit is appealing the lawfulness of the judge’s orders requiring it to hand over its key by arguing that none of the court orders were valid.
In order to to win on appeal, Lavabit needs to show that all three methods are improper. I don’t think they can do this. I’ll take each argument in turn.
Read his analysis on The Volokh Conspiracy.


It's better than a multi-billion dollar trading loss! Could analytics become mandatory?
Banks Use Analytics to Detect Suspect Employee Behavior
Penny Crosman, BankThink/American Banker: “Ten large U.S. and European banks are using natural language processing technology from Digital Reasoning — one of Bank Technology News’ ‘Top Ten Tech Companies to Watch for 2012′ — to uncover such revealing documents before lawyers and examiners do. The company launched six Proactive Compliance analytics products six months ago. The software is meant to find emails that reflect unethical behavior and violations of Dodd-Frank, anti-money laundering, Know Your Customer and other rules. Some European banks use the software to analyze suspicious activity reports for signs of bribery. Other banks use it to find control room violations, to make sure their advisory services are clean, to keep insider information from leaking out of their organization, and to maintain the Chinese wall between trading and research. Banks’ current compliance solutions tend to focus on monitoring transactions and trade orders, Digital Reasoning executives say. But much valuable information is buried not in transactions, but in emails, instant messages, Word documents, PowerPoint presentations and other forms of “unstructured data” (which basically means, any data not stored in a database). Three large banks are using Proactive Compliance to catch employees who report that everything is fine but admit behind the scenes that disaster looms, in the manner of JPMorgan Chase’s London Whale.”


No small matter.
Google Wins Dismissal of Suit Over Web Browser Cookies
Google Inc. (GOOG) won dismissal of a lawsuit alleging it violated computer users’ rights by slipping electronic “cookies” into their Web browsers to facilitate placement of advertising.
Cookies are used to track browsing activity and can help advertisers target potential customers. The users claimed that Mountain View, California-based Google, owner of the world’s largest search engine, “tricked” their Apple Inc. (AAPL) and Microsoft Corp. (MSFT) browsers into accepting cookies, according to court filings.
The consumers sued in federal court last year saying Google impinged on their privacy in violation of federal and state laws. The court rejected those claims.
“Google did not intercept contents as provided for by the Wiretap Act,” U.S. District Judge Sue L. Robinson in Wilmington, Delaware, said in her opinion. The users also didn’t “demonstrate that Google intercepted any ‘contents or meaning’” under California’s Invasion of Privacy Act, she said. Nor did the users identify “any impairment of the performance or functioning of their computers,” the judge wrote
[All of this seems to be a polite way of saying “Why are you idiots suing this poor innocent company?” Bob]

(Related) On the other hand, there must be a formula that calculates the number of lawsuits vs. the market value of the firm.
William Dotinga reports:
Google asked a federal judge Wednesday for permission to take questions about federal wiretapping laws to the 9th Circuit before a Gmail class action advances any further.
[...]
[Judge Lucy] Koh [had] declined to dismiss the majority of the sprawling class action, finding that Gmail’s interceptions fall outside the narrow “ordinary course of business” exception carved out of the Electronic Communications Privacy Act, known as ECPA. She also noted that Google’s policies do not extract explicit consent from users, another exception to ECPA on which the company relied.
In a filing late Wednesday, Google said it wants questions about those ECPA exceptions sent to the 9th Circuit for review before litigation goes forward.
“The court’s ruling on its construction of the ‘ordinary course of business’ exception involves a controlling question of law on which there is substantial ground for difference of opinion, and as to which an immediate appeal may materially advance the ultimate termination of the litigation,” Google said in its filing.
Read more on Courthouse News.

(Related) But it's okay to collect information manually?
Julian Perlman writes:
In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et seq., available here.
Plaintiff Joel Leebove brought suit on behalf of himself and others similarly situated against Wal-Mart over the big box retailer’s practice of requesting telephone numbers and addresses [and there's the difference: “requesting” Bob] in connection with certain credit card purchases. Wal-Mart successfully argued that this information was necessary and its collection legal, as the putative class consisted of Wal-Mart customers whose purchases were to be subsequently picked-up or delivered.
Read more on Baker Hostetler Data Privacy Monitor.


Privacy issues my students might find interesting.
From the good folks at EPIC:
In a letter to the Senate and House Committees on Education, EPIC has asked Congress to restore privacy protections for student data. EPIC’s letter follows a court opinion concerning recent changes to the Family Educational Rights and Privacy Act. EPIC has warned that the changes in the student privacy law allow the release of student records for non-academic purposes and undercut parental and student consent provisions. EPIC has urged Congress to investigate the impact of the revised regulations. “Students and families are losing control over sensitive information,” EPIC wrote, “and private companies are becoming the repositories of student data and even the data maintained by the schools is far more extensive than ever before.” For more information, see EPIC: Student Privacy.


For my Ethical Hackers: Anything we haven't thought of?
FBI Files Reveal New Info on Clandestine Phone Surveillance Unit
Ryan Gallagher, via Slate’s Future Tense blog: “As part of an ongoing Freedom of Information Act suit launched by civil liberties group the Electronic Privacy Information Center, the FBI is turning over information on its use of cellphone surveillance technology variously known as “Stingrays,” “Cell Site Simulators,” “IMSI Catchers,” or “Digital Analyzers.” These devices function as portable surveillance transceivers that are designed to trick phones over a targeted area into hopping onto a fake network. The FBI says it uses the tools to track the locations of individual suspects. But the technology is controversial because, by design, it collects data on innocent bystanders’ phones, and it also interferes with cellphone signals in a way that may be prohibited under a section of the federal Communications Act. Over the past year, the FBI has been drip-releasing redacted portions of a trove of documents that it holds related to the use of the Stingray technology. And late last week, the bureau turned over a batch of 500 pages featuring newly declassified portions that offer fresh insight into its spy tools, as well as shining a light on a little-known internal surveillance unit that has built up within the bureau over the past decade.”


Perspective
What the Government Does with Americans’ Data
“After the attacks of September 11, 2001, the government’s authority to collect, keep, and share information about Americans with little or no basis to suspect wrongdoing dramatically expanded. While the risks and benefits of this approach are the subject of intense debate, one thing is certain: it results in the accumulation of large amounts of innocuous information about law-abiding citizens. But what happens to this data? In the search to find the needle, what happens to the rest of the haystack? For the first time in one report, the Brennan Center takes a comprehensive look at the multiple ways U.S. intelligence agencies collect, share, and store data on average Americans. The report, which surveys across five intelligence agencies, finds that non-terrorism related data can be kept for up to 75 years or more, clogging national security databases and creating opportunities for abuse, and recommends multiple reforms that seek to tighten control over the government’s handling of Americans’ information.”


The B School is interested in Big Data
Can Your C-Suite Handle Big Data?
… Today, as the power of data and analytics profoundly alters the business landscape, companies once again may need more top-management muscle. Capturing data-related opportunities to improve revenues, boost productivity, and create entirely new businesses puts new demands on companies — requiring not only new talent and investments in information infrastructure, but also significant changes in mind-sets and frontline training. It’s becoming apparent that it will take extra executive horsepower to navigate new organizational hazards, make tough trade-offs, and muster authority when decision rights conflict in the new environment.
Because the new data analytics horizons typically span a range of functions, including marketing, risk, and operations, the C-suite evolution may take a variety of paths. In some cases, the way forward will be to enhance the mandate of (and provide new forms of support for) the chief information, marketing, strategy, or risk officer. Other companies may need to add new roles, such as a chief data officer, chief technical officer, or chief analytics officer, to head up centers of analytics excellence.
Six top-team tasks
The transformative nature of these changes involves much more than just serving up data to an external provider to mine for hidden trends. Rather, it requires concerted action that falls into six categories.


Isn't this what allows US companies to move European data to the US? If it is revoked, it could be expensive...
Sarah Taieb and Bret Cohen write:
On Monday, a European Parliament Inquiry established to investigate the recent U.S. National Security Agency (NSA) surveillance revelations indicated that its final report would recommend suspension of the popular EU-U.S. Safe Harbor Framework.
Read more on Hogan Lovells Chronicle of Data Protection.
Ezra Steinhardt of Covington & Burling offers some comments on this latest development on Inside Privacy.


Will the eraser law actually work? Stay tuned!
Gov. Brown Signs New California Privacy Laws
“California Governor Jerry Brown has signed several new Internet privacy bills into law. Assembly Bill 370 amends the California Online Privacy Protection Act by requiring that businesses disclose how they respond to Do Not Track signals or other mechanisms used by consumers to prevent the surreptitious collection of their browsing history. The Governor has also signed Senate Bill 568, which provides for an “eraser button” that would require websites to allow minors to remove their own information. Finally, California has enacted Senate Bill 255, which prohibits “revenge porn”: the posting of explicit images or videos without the victim’s consent. The passage of these laws has led many to observe that California is “driving Internet privacy policy.” For more information, see EPIC: Online Tracking and Behavioral Advertising and EPIC: Children’s Online Privacy.”


Perspective
Pew – Online Video 2013
Online Video 2013 by Kristen Purcell – October 10, 2013
“Over the past four years, the percent of American adult internet users who upload or post videos online has doubled from 14% in 2009 to 31% today. That includes 18% of adult internet users who post videos they have created or recorded themselves—many of whom hope their creations go viral. The share of online adults who watch or download videos has also grown from 69% of internet users in 2009 to 78% today, and mobile phones have become a key part of the video viewing and creating experience.”


Perspective Can Amazon ever fall into the Anti-Trust legal pit?
BusinessWeek – How Amazon Became the Everything Store
“Amazon.com rivals Wal-Mart as a store, Apple as a device maker, and IBM as a data services provider. It will rake in about $75 billion this year. For his book, Bloomberg Businessweek’s Brad Stone spoke to hundreds of current and former friends of founder Jeff Bezos. In the process, he discovered the poignant story of how Amazon became the Everything Store.
Within Amazon.com there’s a certain type of e-mail that elicits waves of panic. It usually originates with an annoyed customer who complains to the company’s founder and chief executive officer. Jeff Bezos has a public e-mail address, jeff@amazon.com. Not only does he read many customer complaints, he forwards them to the relevant Amazon employees, with a one-character addition: a question mark… It’s easy to forget that until recently, people thought of Amazon primarily as an online bookseller. Today, as it nears its 20th anniversary, it’s the Everything Store, a company with around $75 billion in annual revenue, a $140 billion market value, and few if any discernible limits to its growth. In the past few months alone, it launched a marketplace in India, opened a website to sell high-end art, introduced another Kindle reading device and three tablet computers, made plans to announce a set-top box for televisions, and funded the pilot episodes of more than a dozen TV shows. Amazon’s marketplace hosts the storefronts of countless smaller retailers; Amazon Web Services handles the computer infrastructure of thousands of technology companies, universities, and government agencies.”


Perspective. Infographics
What the World Would Look Like If Countries Were As Big As Their Online Populations


Perspective. I don't suppose any of them would like to buy a non-functioning government? (Might be enlightening to see what parts they'd spin off.)
All of these companies have more cash right now than the US government
The US government is running out of money to pay its bills. It is so close to reaching the statutory limit on debt at this point that US Treasury secretary Jack Lew has taken “extraordinary measures” to delay becoming delinquent on payments owed.
Republicans offered a deal today to temporarily raise the debt limit, but the saga has left the Treasury with just $32 billion in its operating accounts, less than is held by nine Standard & Poor’s 500 companies in cash and short-term investments. General Electric has nearly three times as much readily accessible cash as the US government right now.


For my starving students? (But you might want to use the ID of a certain law school professor I know. See me for all the details.)
How to Get Free Money – These 17 Companies Will Give You $1,815.25


For my students. Is this the first full Terabyte storage offer?
Yahoo Redesigns Mail For Web, Mobile And Windows, Offers 1TB Storage & Conversations View


For all my students. You first programming tool?
FREE MANUAL: The Ultimate IFTTT Guide, Use The Web’s Most Powerful Tool Like A Pro
If you want to automate your online life somewhat, look no further than IFTTT. IFTTT is an automation tool that will enable you to connect two services so that, when something happens with one service, a trigger goes off and an action takes place automatically on the other.
Albert Martinez has written this guide to cover everything you need to know about IFTTT, including what it is, how it works, and some of the most useful things you can do with it. It’s everything you could possibly need to know in order to get started with IFTTT.
No passwords required. Read online, download free PDF or EPUB files or buy for Amazon Kindle. 


For my website students. See what a little HTML5 can do?
Super Mario fully playable online using HTML5
You could plug in your old Nintendo Entertainment System, load up a vintage Super Mario Brothers cartridge, and play one of the greatest games of all time. Or you could just pop over to Full Screen Mario and get your fix online.
Josh Goldberg is behind this perfectly reproduced Super Mario remake done entirely with HTML5. If you're looking to switch things up and you like surprises, then you can play through randomly generated levels. Purists can stick with recreations of the levels from the original game.


There must be money in Math education. Are iPads and Kindles the razor and the Apps razor blades? If so, the price must be zero.
Amazon buys math education company TenMarks
Amazon has purchased TenMarks, an online math tutoring service, the companies announced Thursday.
Dave Limp, Amazon's vice president of Kindle, said in a press release that TenMarks is a good match for Amazon. With this acquisition, Amazon will focus on developing education content and applications.
"Amazon and TenMarks share the same passion for student learning. TenMarks's award-winning math programs have been used by tens of thousands of schools and Amazon engages with millions of students around the world through our Kindle ecosystem," he said in the release.
TenMarks offers personalized online math instruction and practice, including video lessons, for K-12 students.
Education is an area other tech giants, like Apple, are trying to break into. Amazon's efforts include Whispercast, a free online tool that lets schools and businesses manage a fleet of Kindle tablets and wirelessly distribute Kindle books, documents, and apps.

Thursday, October 10, 2013

One of our favorite topics.
Why America Wants Drones That Can Kill Without Humans
… Though they do not yet exist, and are not possible with current technology, LARs are the subject of fierce debate in academia, the military and policy circles. Still, many treat their development as inevitability. But how practical would LARs be on the battlefield?
Heather Roff, a visiting professor at the University of Denver, said many conflicts, such as the civil war in Syria, are too complex for LARs. “It’s one thing to use them in a conventional conflict,” where large militaries fight away from cities, “but we tend to fight asymmetric battles.


How public are public servants?
They lost in court last month, and now the union representing Los Angeles County sheriff’s deputies has lost again in its bid to block the Los Angeles Times from publishing sheriff’s deputies’ background screening files. Jill Cowan reports:
“You’d have to be blind not to recognize there’s tension between privacy, public safety and the 1st Amendment,” Los Angeles County Superior Court Judge Michelle R. Rosenblatt said during a hearing on the matter. “There always has been, and there perhaps always will be.”
Rosenblatt sided with The Times in striking down a complaint filed by a union representing Los Angeles County sheriff’s deputies.
Read more on the Los Angeles Times.
[From the article:
Attorneys representing the Assn. for Los Angeles Deputy Sheriffs had alleged that 500 files containing personal information were unlawfully obtained. They contended that a Times reporter was illegally in possession of stolen property.
"There's no case law at all that says the receipt of stolen property does not apply to the press," said Elizabeth Gibbons, an attorney for the union.
She added that the injunction's intent was not to stop The Times from writing about the department's hiring practices, but rather to prevent it from disclosing information that violates employees' privacy.
… For the last year, The Times has reported on the department's hiring of employees who had personal ties to top officials, including Sheriff Lee Baca, despite histories of violence or past legal scrapes.


I imagine the government lawyers are still getting paid?
Wow. I didn’t expect this.
Josh Gerstein reports that the government’s request for a stay due to the government shutdown in EFF’s litigation in First Unitarian Church of Los Angeles v. National Security Agency was denied.
Read more on Politico.


It is useful to have this information when investigating an incident. Absent an incident, it just builds a database. Would that be purged if nothing happens?
Talk about chilling free speech!
Rebecca Glenberg writes:
From 2010 until last spring, the Virginia State Police (VSP) maintained a massive database of license plates that allowed them to pinpoint the locations of millions of cars on particular dates and times. Even more disturbing, the agency used automatic license plate readers (ALPRs) to collect information about political activities of law-abiding people. The VSP recorded the license plates of vehicles attending President Obama’s 2009 inauguration, as well as campaign rallies for Obama and vice presidential candidate Sarah Palin. (Documentation of this program, disclosed in response to an ACLU of Virginia public records request, can be found here.) These practices starkly illustrate the need for tight controls on government use of technology for surveillance purposes.
Read more on ACLU.


e-Singatures. They've been around for years!
Hello Sign Puts an End To "Print, Sign, Scan"
Hello Sign is a tool that I've featured in the past, but I've used it so much lately that I feel like I need to share it with everyone again. For a variety of reasons over the last couple of weeks I have received a ton of email attachments that I've needed to sign and return to their senders. Every time that I've received one of an attachment needing my signature I haven't printed or scanned one piece of paper. Instead, I've used the Hello Sign Chrome app.
On your computer you can use Hello Sign to record your signature by using your mouse or by importing a picture of your signature. Then whenever you need to sign a document just upload it to Hello Sign and apply your stored signature. You can email your newly signed document directly from Hello Sign.


For my Ethical Hackers... Some people never change the default password.
Resetting Your Device? Find the Default Username and Password
Someone performed a factory reset on their wireless router and now they’re calling you for help.
… If your friend is resorting to resetting their devices because they can’t remember their own passwords, you might want to suggest a password manager app.
Covering 391 vendors with 1600 passwords, you should be able to find what you’re looking for — for most household computing purposes, as well as many work-related situations. The site also breaks things down by version number of the hardware as well.
The list covers not only devices, but different applications and software packages as well.
… If you’re just trying to help your friend get back into an application or website they forgot their password for, you might try one of these 6 Free Password Recovery Tools for Windows.


It can't hurt!
– emails you with a photo and GPS location whenever someone tries to unlock your phone with the wrong password. Find out if someone is trying to unlock your phone or locate the thief that has stolen it. It’s a completely silent and invisible operation. No warnings are shown to the thief. There is little to no impact on the battery.


For my students. Definitely. Especially for those 9:00AM classes. (Attention Ethical Hackers! I saw that sly smile. Don't you dare!)
– enables you to schedule a wakeup call to your mobile phone. Unlike many other similar services, this one accepts international numbers. And to combat abuse, it tells you in advance that a call has been scheduled, with the option to cancel the wakeup call and even block your number from the system permanently. The call consists of a short automated message, and premium features can be unlocked for a short fee


The perfect article for some smart people I know?
Get the Right People to Notice Your Ideas
… It’s a common question: why bother to blog (or use other forms of social media) when it’s so hard to build a following, and you may toil in obscurity for years before finding an audience?
The first strategy is to write about the people you’d like to connect with (or the companies you’d like to work for).
Next, consider proactively sharing articles you create.
Finally, pursue a “ladder strategy” for your content,
As Chris Brogan’s experience shows, it can take years for your readership to grow organically. It’s unlikely that you’ll be “discovered” right away by a top CEO or VC trawling the Internet. But even from Day One, you can begin to reach key players if you’re strategic about the individuals and ideas you cover, proactively share your content (instead of waiting for others to stumble across it), and seek new and bigger outlets to feature your work. Before long, you won’t need to be discovered; the right people will already know who you are.


Something my Statistics students won''t get in their English classes... (And something my Data Analysis students can profit from)
How to Bet Money on the Nobel Prize in Literature
Ladbrokes is right 50 percent of the time without even knowing the names of the authors the Swedish Academy is considering. How do you do it?
That’s not us; that’s the power of the betting market. The way people are betting changes the odds for any given author such that the one who’s winning turns out usually to be the one they’ve selected. We find that the betting market is a great measure of public opinion because people are actually putting money behind their beliefs. All we do is put the initial list together and then manage the markets as we do a sporting event. It’s the same as football or horse racing, really.
OK, so how do you put the list together?
We read literary blogs, book reviews, Twitter—


How to make a losing team truly dangerous.
NFL Bettors Don't Know What to Do With the Biggest Spread of All Time
Las Vegas bookmakers are calling this Sunday’s game between the undefeated, record-breaking, naked-bootlegging Denver Broncos and the defeated, drown-your-sorrows, sorry-you-have-to-see-this Jacksonville Jaguars the most lopsided NFL game ever, with the Broncos favored by as many as 28 points. The matchup stretches the margins of NFL disparity and, so far, is baffling bettors.