Hollywood Nervous About Kagan's Fair Use Views
Posted by kdawson on Tuesday May 11, @08:09AM
Of the many commentaries and analyses springing up about Obama's Supreme Court nominee, this community might be most interested in one from the Hollywood Reporter. Reader Hugh Pickens notes that Hollywood may have reason to be nervous about the nomination of Elena Kagan to be the next US Supreme Court justice.
"As dean of Harvard Law School from 2003 to 2009, Kagan was instrumental in beefing up the school's Berkman Center for Internet & Society by recruiting Lawrence Lessig and others who take a strongly liberal position on fair use in copyright disputes. And Kagan got an opportunity to showcase her feelings on intellectual property when the US Supreme Court asked her, as US Solicitor General, to weigh in on the big Cablevision case. 'After Cablevision announced in 2006 that it would allow subscribers to store TV programs on the cable operator's computer servers instead of on a hard-top box, Hollywood studios went nuts, predicting that the days of licensing on-demand content would be over,' writes Gardner. Kagan's brief compared remote-storage DVRs to VCRs (PDF), brought up the Sony/Betamax case, and lightly slapped Cablevision on the wrist for not making fair use a bigger issue. 'It sounds to us like Kagan would love the Court to determine when customers have a fair-use right to copy, which should cheer those on the copy-left at the EFF, and worry many in the entertainment industry.' On the minus side, Kagan has surrounded herself with entertainment industry advocates in the Justice Department."
I use these articles in my Risk Management class to provide a rough estimate of the costs of a security failuer.
http://www.databreaches.net/?p=11584
Heartland breach expenses pegged at $140M — so far
May 10, 2010 by admin
Jaikumar Vijayan reports:
The costs to Heartland Payment Systems Inc. from the massive data breach that it disclosed in January 2009 appear to be steadily adding up.
Quarterly financial results released by Heartland last week show that the card payment processor has accrued $139.4 million in breach-related expenses. The figure includes a settlement totaling nearly $60 million with Visa, another of about $3.5 million with American Express and more than $26 million in legal fees.
Read more on Computerworld.
(Related) I might mention this in my Risk Analysis class, but this type of publication is to remind Management that the government really does require a risk analysis.
http://www.databreaches.net/?p=11578
OCR drafts guidelines for security risk analysis
May 10, 2010 by admin
Mary Mosquera reports:
The Health & Human Services Department published draft guidance to help healthcare providers and payers figure out what is expected of them in doing a risk analysis of their protected patient health information.
The security rule of the Health Insurance Portability and Accountability Act (HIPAA) requires that providers, payment plans and their business associates perform a risk assessment, but does not prescribe a method for doing so, according to draft guidance from HHS’ Office of Civil Rights (OCR). The HITECH Act directed that OCR oversee health information privacy.
[...]
More information about risk analysis is online here.
Read more on Government Health IT.
“If ISPs can search for Copyrighted music and video they can search for anything.” But if my prediction of small, neighborhood ISPs is correct, the costs (esp. liability for failure) would make them impossible.
http://www.pogowasright.org/?p=10003
Ca: Government Reintroduces ISP Child Pornography Reporting Bill
May 10, 2010 by Dissent
Michael Geist writes:
The Government has reintroduced a bill designed to require providers of Internet services to report incidents of child pornography. The bill was introduced as Bill C-58 last year. I discussed the bill here. The new bill is Bill C-22.
(Related) Searching everyone's email for evidence of crime. Gosh, next they'll want to frisk you before you get on a plane... Oh, wait...
http://www.pogowasright.org/?p=10000
Data retention challenged by Digital Rights Ireland
May 10, 2010 by Dissent
Jim Kollock writes:
Following rulings in Germany, Bulgaria and Romania that the Data Retention Directive is unconstitutional, Digital Rights Ireland have been given permission to challenge it in the European Court of Justice.
The Directive requires your ISP to record details of what emails you send to whom, along with the IP address given to your Internet account, and what times you connect and disconnect. The information is meant to be stored in case of investigations into serious crime, but groups such as DRI and ORG argue that it amounts to a form of mass surveillance and an abuse of our right to privacy.
Read more on ORG.
Germany used bank records stolen from Switzerland. Looks like that set a bad precedent. (and how do you tell “stolen” documents from “fake” documents? How would you establish a chain of custody?)
http://www.pogowasright.org/?p=10018
Tchenguiz brothers appeal for right to use stolen documents in divorce
May 10, 2010 by Dissent
Divorces are getting really nasty over in the UK. Now in today’s news, another divorce case, this one involving the use of stolen documents. Frances Gibb reports:
Two brothers who stole 20,000 documents to help their sister in her divorce from her multimillionaire husband lodged a landmark appeal yesterday for the right to use them to expose the true state of his finances.
In a keenly-watched test case that will determine the behaviour of divorcing spouses the property tycoons Robert and Vincent Tchenguiz claim that they should not have to hand back the stolen data, which equates to more than 800 lever arch files.
Read more in Times Online.
(Related) This looks to be a new sport for AGs. Pick a technology and claim to be protecting the public by suing them. Easy win (settlement) but does little or nothing to safeguard the public.
http://www.pogowasright.org/?p=10022
Arkansas AG has privacy concerns about Spokeo.com
May 10, 2010 by Dissent
From the press release:
An Internet site that aggregates personal information from public sources is causing privacy concerns for consumers across the country. Spokeo.com displays personal information many people are not comfortable with [but they put it on the Internet themselves... Bob] being publicly available on a widely accessible search site. It is one of many similar web sites. Arkansas Attorney General Dustin McDaniel reminds Arkansans today of the importance in protecting your privacy on the Internet.
Spokeo.com publishes data, including such personal information as an email address, full name, phone number, names of family members and photographs for free. For an additional fee, site users can access home addresses and even aerial photographs of private residences.
“Much of the information posted on web sites such as Spokeo.com is obtained from public sources such as courthouse records. This information is, and always has been public information available to all,” McDaniel said. “The difference with these web sites is that information from a variety of disparate sources is aggregated, collated, and presented in one place. It’s like pieces of a puzzle put together. The result is that consumers enjoy less privacy, [The result is that technology makes gathering this data easier. Bob] and that is understandably shocking.”
According to Spokeo’s privacy policy, all data collected is publicly accessible from outside, original sources. The aggregator matches information it gathers from social networking sites, phone books, real estate listings and other online databases with an e-mail address. It then sells the compiled information to interested parties
While Spokeo does provide personal information on individual consumers, their site is only as reliable as an original information source. [and perhaps therein lies the solution. Bob (or in some cases, Irving, Waldo or George)] Spokeo claims that it does not display original information nor provide social security numbers, bank account information or any other information not already publicly available.
Source: Arkansas Attorney General Dustin McDaniel
A resource for forensics and e-Discovery
http://www.makeuseof.com/tag/10-websites-download-older-versions-software/
10 Websites To Download Older Versions Of Software
For my website students
Embed Videos In Your Web Pages Using HTML5
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