Wednesday, June 06, 2007

Isn't this obvious?

http://www.insidebayarea.com/ci_6062226

Lawyers dig into FasTrak data

By John Simerman, MEDIANEWS STAFF Article Last Updated: 06/05/2007 08:27:01 AM PDT

A car approaches the Bay Bridge toll plaza in Oakland on Monday. The FasTrak program, meant to be a private holder of account information, is now receiving info requests by law officials for legal defense. (JOANNA JHANDA - MediaNews staff)

George Orwell warned about Big Brother, but some who glide through Bay Area toll booths to the "beepbeep" of FasTrak risk an even more haunting specter: Big Angry Soon-to-be-Ex Spouse.

As the number of cash-free bridge commuters rises, so do the ranks of divorce lawyers and other civil attorneys who have subpoenaed, and received, personal driving records from the agency that oversees the regional e-toll system.



Perhaps a portable “Frisking tent” in the trunk of each police car?

http://www.pogowasright.org/article.php?story=20070605063836895

Md. court puts privacy limits on warrantless body searches

Tuesday, June 05 2007 @ 06:46 AM CDT - Contributed by: PrivacyNews - In the Courts

The state's highest court has invalidated the body search of a drug offender, effectively wiping out his conviction by ruling yesterday that police had not given him enough privacy when they checked a common drug-stashing location: between his buttocks.

Source - Baltimore Sun



The longer the contract the screwer the deal...

http://www.bespacific.com/mt/archives/015022.html

June 05, 2007

EU/US Passenger Name Record (PNR) Agreement

European Union Committee, Home Affairs (Sub-Committee F), The EU/US Passenger Name Record (PNR) Agreement, HL Paper 108 is published today Tuesday 5th June, 2007 (139 pages, PDF). [see also HTML version (browsable)]



e-Shylock?

http://news.com.com/Internet+conduct+that+crosses+the+state+line/2010-1030_3-6188929.html?part=rss&tag=2547-1_3-0-5&subj=news

Internet conduct that crosses the state line?

By Eric J. Sinrod Story last modified Wed Jun 06 04:00:04 PDT 2007

Illinois has just ordered Global Payday Loan to stop issuing loans to state residents. It also has fined the company $234,000 for charging excessive interests rates. But the decision raises the broader question of whether states should regulate Internet conduct that crosses state lines.

The investigation began after a complaint from someone who borrowed $300. The loan in question fell under an Illinois provision that capped annual finance charges at 36 percent.

State investigators found serious problems with the transaction. For one thing, the loan was written with a six-day term, which did not give the borrower sufficient time to repay the loan. Furthermore, the fees on the loan exceeded the $15.50 per $100 allowed under Illinois law.

In addition, the annual percentage rate on the loan interest rate came to 2,190 percent, as the borrower was required to repay the $300 loan plus a $90 finance charge just six days after the loan had been originated. According to the Illinois agency charged with loan oversight, Global Payday then continued to violate the borrower's rights by sending her e-mail warnings and making phone calls asserting that her account was delinquent and demanding payment.



They can, therefore they must!

http://www.eweek.com/article2/0,1759,2141371,00.asp?kc=EWRSS03129TX1K0000614

Should Police Hack?

June 5, 2007 By Larry Seltzer

We know from court decisions in the last few years in Virginia and California that it's OK for third parties (anywhere in the world) to hack into your computer to hunt for kiddie porn. The police encourage them and the courts look the other way. But what about the police?

A recent F-Secure blog by the inquisitive Mikko Hypponen explores the question of whether police should hack into suspects' computers. He starts by citing recent surveys in Europe that show a deep antipathy to the idea, although he also implies that the opposition is less fierce if police get a proper warrant.

I take that as a given: Of course the police shouldn't be hacking into people's computers without a warrant. But what about with a warrant?



Would this have been enforceable? By whom?

http://news.com.com/Police+Blotter+Judge+bans+man+from+Net+for+life/2100-1030_3-6188973.html?part=rss&tag=2547-1_3-0-5&subj=news

Police Blotter: Judge bans man from Net for life

By Declan McCullagh Story last modified Wed Jun 06 04:48:09 PDT 2007

What: Pennsylvania man appeals a lifelong ban on using any computer network at "any location, including employment or education."

When: Three-judge panel of 3rd Circuit Court of Appeals in Philadelphia unanimously rules on June 5.

Outcome: Permanent ban on Internet use thrown out.

What happened, according to court documents: An FBI investigation of a man named Wyndell Williams led agents to one of his online correspondents: a 35-year-old Pennsylvania resident named Daniel Voelker who briefly exposed the naked rear end of his 3-year-old daughter over a Webcam.

During a subsequent search of Voelker's home, the FBI claims to have found computer files containing child pornography. Voelker pleaded guilty to receiving material depicting the sexual exploitation of a minor and was sentenced to 5 years and 11 months in prison.

What makes this case unique are two special conditions that the judge imposed on him after his release that would remain in effect until his death.

Specifically, one of the permanent conditions of supervised release is: "The defendant is prohibited from accessing any computer equipment or any 'online' computer service at any location, including employment or education. This includes, but is not limited to, any Internet service provider, bulletin board system, or any other public or private computer network." A second permanent condition bars him from possessing "sexually explicit" books, movies or video games.

Read literally, this would prohibit Voelker from owning many books including the Bible, medical textbooks, and classics of modern fiction. Also prohibited would be owning a modern mobile phone or setting up a private home network to stream iTunes music between two computers.

Voelker appealed, saying the conditions were too broad.

For the most part, judges have wide discretion in imposing sentences. But it is not unchecked: conditions for supervised release have to be related to something like the actual offense, the defendant's criminal history or the need for general deterrence.

In this case, the 3rd Circuit agreed with the defendant. It threw out the conditions of supervised release and sent the case back to U.S. District Judge Alan Bloch for a second try.

Excerpts from the 3rd Circuit's opinion, written by Judge Theodore McKee:

Voelker contends that an absolute lifetime ban on using computers and computer equipment as well as accessing the Internet, with no exception for employment or education, involves a greater deprivation of liberty than is reasonably necessary...

The District Court did not explain its reasons for imposing such an unprecedented and sweeping lifetime restriction. We therefore have no way of determining if the court undertook the "careful and sensitive individualized assessment (that) is always required before such a ban is imposed."



Expect the verdict to be used in ads by the winner?

http://www.businessweek.com/ap/financialnews/D8PINH080.htm

Comcast sues Qwest over Internet ad

DENVER

Qwest's claim in television, online, and newspaper advertisements that its Internet service is as fast or faster than Comcast Corp. is being challenged in court by the cable and broadband provider.



Yeah! Why not?

http://www.technewsworld.com/rsstory/57692.html

Why Not Web Analytics?

By John Lovett E-Commerce Times Part of the ECT News Network 06/06/07 4:00 AM PT

Whether you're just starting to implement an analytics strategy within your organization or a seasoned pro, the true value of analytics is in the planning. A carefully designed strategy will allow companies to track performance and gauge effectives on business initiatives, while providing a benchmark for success.

Has your company defined a Web analytics strategy yet? If your answer is no, then ask yourself: Why not? Companies with defined analytics programs are realizing double-digit growth in new Web site visitors, returning visitor traffic and conversion rates. The barriers to entry for adopting analytics technologies that can dramatically improve online businesses have never been lower.

Web analytics evangelism is rampant and vendors like Google are making the tools available for free to businesses adopting Web analytics. These tools -- although lacking much of the functionality, sophistication and integration capabilities of the commercial products available -- are a great place to start.

Free tools -- what's the catch? The catch lies in the need to build a strategy around analytics so that the metrics measured are meaningful to your business.

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