Thursday, January 04, 2007

Makes you think...

http://www.tribune-democrat.com/local/local_story_003233725.html?keyword=topstory

Stolen hard drive could give patients a headache

BY KECIA BAL The Tribune-Democrat Published: January 03, 2007 11:37 pm

SOMERSET — A local doctor’s office is keeping mum on a stolen hard drive that may contain personal information on hundreds of patients who seek care there.

Yet one criminology expert said Wednesday that – depending on the hard drive’s contents – the security breach could have serious implications.

“If someone was actually stealing it for the records, it could be used for identity theft, for embarrassment purposes – which could mean potential lawsuits – or for extortion,” said Dennis Giever, Indiana University of Pennsylvania professor and Criminology Department chairman.

“There’s got to be something pretty serious behind it for someone to break in and steal a hard drive that might cost $30 at Staples and nothing else,” he said.



Pass this to your records retention manager...

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070104/A_NEWS/701040333

Unshredded medical records turn up at recycling center

By Scott Smith January 04, 2007 Record Staff Writer

STOCKTON - Dozens of boxes of unshredded medical records surfaced at a Stockton recycling business Wednesday afternoon, possibly violating a state law enacted in recent years to protect patients' personal information.



Well, of course!

http://www.jsonline.com/story/index.aspx?id=549098

Firm didn't need Social Security data

Lawmakers rip agency after mailed forms bear numbers

By PATRICK MARLEY pmarley@journalsentinel.com Posted: Jan. 3, 2007

Madison - The state Department of Revenue had no business reason for providing Social Security numbers to a contractor that went on to mistakenly print the numbers on the outside of 170,000 tax booklets mailed to Wisconsin residents.

The department said Wednesday that it recovered about a third of the forms - roughly 54,500 - from U.S. post offices in Madison, Portage and Oshkosh [The interrupted the mail? They must take this seriously... and the mail must be slow... Bob] in an effort to prevent the sensitive data from falling into the hands of identity thieves. That means the U.S. Postal Service delivered about 115,500 tax forms with the numbers visible.

After the Journal Sentinel reported on its Web site Wednesday that the state did not need to give the Social Security numbers to the firm, the department announced that it would scrub files in the future to make sure vendors do not get sensitive data they do not need. [Gee, we never considered this... Bob]

... "I suppose technically there would be a way to remove that information from that file and, you know, certainly in retrospect that would have prevented this particular problem," Engan said. "However, this contract is in its third year, and we have not had that problem previously with the vendor in terms of putting that information incorrectly onto the actual tax document." [Arrggh! Bob]

... He said the state bears much of the responsibility for the error because at minimum state workers should have reviewed the print job before the forms were mailed.



“You know, if this keeps happening we might have to lock the doors!”

http://www.wcbd.com/midatlantic/cbd/news.apx.-content-articles-CBD-2007-01-03-0015.html

Third Case of Computer Theft at High School

Wednesday, Jan 03, 2007 - 07:02 PM Tara Lynn Reporter

North Charleston police are trying to find out who stole a laptop computer from Academic Magnet High School. That computer contains personal information about hundreds of students. This theft is actually the third time someone has stolen computers from this school. November 17th-- someone stole a desktop computer from a guidance counselor’s office. November 30th-- someone stole three monitors and two laptops from the media center. Over the holidays-- someone stole a lap top again from the same guidance counselor’s office. School officials say parents and students have nothing to worry about. ['We got ebery ting unner control...” Bob]

... Schools officials and police say someone broke into the school and stole a lap top from a guidance counselor’s office. Charleston County school representative Jerry Adams says that computer contained personal information for about 500 students who go to that school. But he says that information should be safe no matter whose hands it falls into.

“Identity theft and privacy issues concern us,” said Adams. “But we don't think its an issue because the information is password protected and encrypted.”



Duplicate? Note that they had addressed this in a contract! Radical idea?

http://www.akronnewsnow.com/business/itemdetail.asp?ID=960§ion=business&subsection=localnews

Personal Info On Bank Customers Stolen

12/29/2006 2:21:11 PM Craig Simpson

KeyCorp has notified customers in Ohio and other states that private information about them was taken when a laptop computer was stolen from an outside vendor.

Officials say the information on 9,300 customers may include Social Security Numbers. Corporate communications for the Cleveland-based bank say affected customers were notified by mail.

Key hired the unnamed vendor to scan paper documents into a computer format for storage. Officials say the vendor violated its contract by putting the data on a laptop computer that was taken outside of its offices and failing to encrypt sensitive information. They say that vendor has since been fired.



When you quote (or hint at) a law, shouldn't your lawyer confirm that it actually exists? Shouldn't a manager at least look at mass mailings before they go out? Perhaps we should look at their academic papers for “imaginary” citations?

http://www.hslda.org/hs/state/nj/200701030.asp

January 3, 2007

School Officials Promise to Destroy Ill-gotten Information

The superintendent of the West Windsor-Plainsboro school system recently sent a letter to homeschool families telling them they “must” submit certain personal information, including their children’s country of birth, language spoken at home, and race.

The letter said “the state of New Jersey” was seeking this information. There is no law that requires homeschool families to submit this information, however.



FYI (Will this be a hot topic this year?)

http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20070103005019&newsLang=en

January 03, 2007 10:30 AM Eastern Time

ALM’s Law Journal Press Announces Publication of “Privacy Law”

NEW YORK--(BUSINESS WIRE)--ALM’s Law Journal Press®, a leading publisher of books for legal professionals, today announced the publication of “Privacy Law,” by Charlene Brownlee and Blaze Waleski. The book is the publisher’s latest title, examining the impact of the laws, industry standards, and consumer expectations regarding personal information and information security in a variety of contexts, including healthcare, the workplace, financial services, e-commerce, international business and corporate transactions. A detailed table of contents and ordering information on this and other Law Journal Press books is available at www.lawcatalog.com.



“Worse” is a terrible goal... No catastrophe = I didn't get fired?

http://techdirt.com/articles/20070103/144201.shtml

'It Could Have Been Worse' Hardly Seems Like A Defense Of E-Voting Technology

from the just-imagine-how-bad-it-could-have-been dept

With a new report coming out that highlights many of the problems that voters using e-voting machines faced in the last election, it's more interesting to look at the response from supporters of those machines. An article in the Houston Chronicle mentions the report and then quotes someone defending the machines by giving the "it could have been worse" defense: " Failure will happen.... Critical failures are ones in which voters are turned away. By and large, looking at the last general election, we consider it a success." Given just how many problems there were, and how widespread they were, it seems pretty ridiculous to consider "success" to be a lack of catastrophic errors (which some people might disagree with). Certainly, it could have been much worse, but with something as important as democratic voting, you would think that a higher standard would be used.

[The report: http://www.votersunite.org/info/E-VotingIn2006Mid-Term.pdf



Yes! The easiest way to make changes that impact a corporate culture is to start over at another location with an whole new staff. When they are ready to assume the workload, switch – then fire everyone at the old location.

http://techdirt.com/articles/20070103/180621.shtml

Amazon.com Launches New Site To Compete With... Well, Amazon.com

from the funny-how-that-works dept

If you read what we discuss about competition and innovation around here, it's no surprise that we believe that a company that is simply resting on its laurels is going to eventually be in trouble. That's why one of the most interesting things a company can do is cannibalize its own offerings. Intel famously does this on a regular basis. Basically, the lesson is clear: if you aren't willing to cannibalize your own offerings, someone else will do it for you. It's a lesson that plenty of big companies don't like to learn -- but they all learn it eventually when the competition eats their lunch. That's why it's always fascinating to see the ways that companies try to stave this off. One of the more interesting ideas that probably makes sense for some larger companies is to build a separate group, whose job is effectively to act as the competition. Let them develop the next great competitive advantage -- and if it destroys your existing business, better that it's done by your company than someone else's. It looks like Amazon may be practicing a bit of this concept by launching a brand new shoes and handbags store, that looks like it has nothing to do with Amazon.com. They named it something different (Endless.com) and built the site up from scratch, not relying on Amazon's e-commerce or search tools (they do use Amazon's distribution and warehouse system, however). Looking at the website, you'd have no idea it was related to Amazon at all.



Again, the comments point out many of the implications. If this is easy, the transcripts of your phone calls are already in someone's database...

http://digg.com/tech_news/Search_Every_Word_Said_on_YouTube_Impressive_feature

Search Every Word Said on YouTube [Impressive feature]

Speech-to-text video and audio search engine Podzinger just announced this afternoon that users can now search inside YouTube videos with a tab on the front page of Podzinger. The functionality appears to have been added in late December but I haven’t seen any blog coverage of it yet.

http://splashcastmedia.com/search-youtube-audio-with-podzinger


So, what do you do when you find the video you want? (Note that it does not take hundreds of pages of program code to make this work...)

http://cyber-knowledge.net/blog/2007/01/03/download-youtube-videos-via-command-line-cross-platform/

Download Youtube Videos Via Command Line (Cross Platform)

January 3rd, 2007 - By: Alex Bailey

If you don’t want to slow your browser down with Firefox extensions, or you think you’re a command line guru then check out youtube-dl. It’s an open source script written in python. It’ll work on any system capable of running python, including Windows, Linux, and Mac OS. There are a few handy options to name the video the name of the youtube title, simulate the download, and output no text (quite mode). It also currently supports user and passwords for videos dubbed inappropriate to users under 18 as well.

The file extension type of the downloaded video is an flv. To open it, I use the cross platform video player VLC. It’ll also open in mplayer.

There really is no install directions for this script, but there are a few commands needed to get it working. Download the script, and name the file “youtube” without the quotes.



Assume for a moment that this isn't madness. Is there a logical reason to deify a leader? (Never mind the supporting strategies like “only ignorant/isolated people will believe this nonsense...”)

http://news.yahoo.com/s/csm/20070103/wl_csm/okimeologyx

N. Korea escalates 'cult of Kim' to counter West's influence

By Robert Marquand, Staff writer of The Christian Science MonitorWed Jan 3, 3:00 AM ET

North Koreans are taught to worship Kim Jong Il as a god. In a manner unique among nations, the North exerts extraordinary control through deification - a cult ideology of complete subservience - that goes beyond the "Stalinist" label often used to describe the newly nuclear North.

While outsiders can see film clips of huge festivals honoring Mr. Kim, the extraordinary degree of cult worship is not well known, nor that programs promoting the ideology of Kim are growing, according to refugees, diplomats, and others who have visited the Hermit Kingdom.

In fact, in a time of famine and poverty, government spending on Kim-family deification - now nearly 40 percent of the visible budget - is the only category in the North's budget to increase, according to a new white paper by the Korea Institute for International Economic Policy in Seoul. It is rising even as defense, welfare, and bureaucracy spending has decreased. The increase pays for ideology schools, some 30,000 Kim monuments, gymnastic festivals, films and books, billboards and murals, 40,000 "research institutes," historical sites, rock carvings, circus theaters, training programs, and other worship events.

... It has long been axiomatic that the main danger to the Kim regime is internal unrest. That is, Koreans will discover the freedoms, glitter, and diversity of the modern outside world, and stop believing the story of idolatry they are awash in. "It isn't quite realized [in the West] how much a threat the penetration of ideas means. They [Kim's regime] see it as a social problem that could bring down the state," says Brian Myers, a North Korean expert at Dongseo University in Busan, South Korea.



Free is good!

http://news.yahoo.com/s/cmp/20070103/tc_cmp/196800535

Telelogic Giving Away Software Modeling Tool

By Charles Babcock InformationWeekTue Jan 2, 8:52 PM ET

Telelogic, one of the few surviving high end suppliers of commercial software development tools, is offering its new modeling tool, Telelogic Modeler, for free.

... Modeler is available for download from the company Web site Telelogic will also make an upgraded version available for $100 per user, minimum quantity 100 users.

... But UML modeling allows models to be aligned with the lines of source code. If the model changes, the parts of the code that need to be changed are highlighted and changed; if the code moves from the model in the process of development, the model can be changed to reflect what the developers have done, with project manager approval.



Useful for research too?

http://www.technewsworld.com/rsstory/54970.html

Wikipedia Inspires Course Reading List Generator

UPI 01/03/07 12:00 PM PT

Taking cues from the structure of Wikipedia and the algorithms used by Google, Alexander Wissner-Gross, a Harvard Ph.D. candidate, has developed software to automatically create reading lists for students based on the subjects they're studying. He experimented with algorithms to find the most important pages and how they ranked for a given topic.



Free is good!

http://www.csmonitor.com/2007/0104/p13s02-legn.html

How to go to M.I.T. for free

Online 'intellectual philanthropy' attracts students from every nation on earth.

By Gregory M. Lamb Staff writer of The Christian Science Monitor

By the end of this year, the contents of all 1,800 courses taught at one of the world's most prestigious universities will be available online to anyone in the world, anywhere in the world. Learners won't have to register for the classes, and everyone is accepted.

The cost? It's all free of charge.

... The MIT site (ocw.mit.edu), along with companion sites that translate the material into other languages, now average about 1.4 million visits per month from learners "in every single country on the planet," Ms. Margulies says. Those include Iraq, Darfur, "even Antarctica," she says.



Okay, it's expensive and hard to learn. Think everyone will rush to upgrade?

http://www.bespacific.com/mt/archives/013462.html

January 03, 2007

Review of Office 2007 Highlights Key New Features and Learning Curve

Walt Mossberg, WSJ free feature: Bold Redesign Improves Office 2007
But Learning Curve May Be Too Steep for Some Users; Ribbon Replaces Menus



Become moderately geeky... At least have some idea what can be learned about your network.

http://digg.com/linux_unix/Basic_Networking_Commands_you_should_know

Basic Networking Commands you should know!

Describes with examples some of the basic networking commands on unix/linux based systems

http://techflock.blogspot.com/2007/01/basic-networking-commands-you-should.html



Still looking for the perfect ringtone?

http://www.researchbuzz.org/wp/2007/01/03/library-of-bird-and-animal-sounds-available/

January 3, 2007

Library of Bird and Animal Sounds Available

Filed under: Science-Zoology

CHIRP! The Cornell Lab of Ornithology’s Macaulay Library’s Web site is now making available over 65,000 sound clips and about 18,000 video clips of birds and animals. You can get your squawk on at http://www.animalbehaviorarchive.org.

You can do a simple search by keyword, or you can do an advanced search for marine vs terrestrial beings as well as searching by location and recording information (at the moment the catalog has a North American emphasis but the site promises to continue to put more clips online.)

I did a simple keyword search for hawk. I got OVER 1300 RESULTS. Results include both audio and video clips. Note that not everything you get in your search results has been digitized yet (the advanced search includes a switch that allows you to include only results with available video or audio clips.) Search results include animal name (common and scientific), date of clip (I saw clips that go back as far as 1951) and contributor, and quality of the clip (rated on a scale from one to five.) A detail page includes the location and duration of the clip.

Clicking on the “play” button (if the play button is gray, the clip is not available; look for blue play buttons) pops up a window that plays the clip with RealPlayer. There’s also a neat feature called RavenViewer that requires a download; RavenViewer allows you to get a visualization of bird calls; play the call and watch a waveform and spectrogram at the same time. (RavenViewer is not available for all the clips that I saw.)

Don’t feel like searching the clips? There’s also a browsing feature that allows you to look at several sets of “best of” — best of long-distance communications, best of territory defense, etc. Lots to browse through here!

Wednesday, January 03, 2007

Think this technology will be here in time to cast the results of the 2008 election into limbo? (That's a city in Florida)

http://www.technewsworld.com/rsstory/54945.html

French Primary Voters to Cast Ballots Online

By Jenny Barchfield AP 01/02/07 8:07 AM PT

Although most French voters do not officially belong to political parties and are thus not eligible to participate in primaries, the country is watching the progress of the first election cycle that will allow voters to cast their ballots online. Much of the campaigning has been conducted on the Internet, as well.

France's governing party is gearing up for the country's first Web-based primary in a presidential campaign during which the Internet has acquired unprecedented importance.

The UMP party primary, which begins Tuesday, is not likely to be a nail biter: With only one candidate, Interior Minister Nicolas Sarkozy, on the virtual ballot, the outcome of the 10-day vote is all but certain.

Still, UMP leaders are hoping the online primary -- which is open only to its 330,000 members -- will mark a break with political convention and give the party an aura of tech-savvy modernity. [What aura do they have if they screw this up? Bob]

Platform Built Online

The conservative UMP is not the sole party to make the Internet a key element of its campaign in the run-up to France's two-round presidential elections in April and May. The opposition Socialists and also the extreme-right National Front, led by 78-year-old Jean-Marie Le Pen, have also relied heavily on their Web sites to seduce voters and pump up party ranks.

Though many French parties were on the Web in the last presidential elections in 2002, the impact of political sites has skyrocketed during this campaign, helping change the way politics are done here.

Socialist candidate Segolene Royal has made her Web site the cornerstone of a campaign based on what she calls "participative democracy," with users invited to take part in a host of online forums and debates. Royal, a former minister, drew on online feedback in drafting her platform, which she released chapter by chapter on the Web site.



Fortunately, this only impacts Wisconsin, which we all know is a hot bed for terrorists...

http://www.hudsonstarobserver.com/articles/index.cfm?id=21416&CFID=13398630&CFTOKEN=63622351&jsessionid=88302ddde1b777756b40

Wisconsin balks at anti-terror federal mandate

Wheeler News Service none - 01/02/2007

Wisconsin is balking at a federal mandate to verify 7 million birth and death records which date back to 1907.

The Legislature’s Joint Finance Committee said "no" last month to spending $2 million dollars to jumpstart the process. It’s required under new anti-terrorism laws designed to prevent identity theft.

And if the state does not verify its birth and death records by May of 2008, Wisconsinites could lose the ID’s they need to fly on airplanes or enter federal buildings. That’s the same penalty which forced the state to make sure illegal immigrants no longer get driver’s licenses.

Now, the state figures it will cost $24 million to verify and double check birth and death records prior to 1993. Records from 1994 on are already computerized properly. [Non-sequitur? Bob]

John Kiesow, registrar, says an effort is underway to verify amendments to earlier records. [Like what? Bob]

Rep. Pedro Colon, D-Milwaukee, calls the mandate an “archaeological escapade” [I love new terms... Bob] and a waste of money. But Sen. Luther Olson, R-Berlin, says people need to prove who they are.



Tools & Techniques Giving new meaning to “spread 'em!”

http://www.charleston.net/assets/webPages/departmental/news/Stories.aspx?section=localnews&tableId=124943&pubDate=1/3/2007

Proposal expands DNA use by police

S.C. program would be nation's most-aggressive

BY YVONNE M. WENGER The Post and Courier

COLUMBIA - Police would have the power to seize DNA samples from anyone arrested for a crime - from shoplifting to murder - under legislation proposed by state lawmakers.

The measure would provide South Carolina with the most aggressive DNA sampling program in the nation, allowing authorities to collect a person's genetic profile for even petty offenses before he or she is tried for the crime.

... As far as concerns about civil rights violations, Sen. Robert Ford, D-Charleston, said the DNA collections would do just the opposite.

"There's a lot of pending cases in South Carolina, and some of those people are innocent and DNA would show that," Ford said. "I can see no violation."



It's illegal, so plan for it! (Good strategy!)

http://www.law.com/jsp/article.jsp?id=1167386817011

Should You Design Your Firm's Web Site With Jurors in Mind?

By Henry Gottlieb New Jersey Law Journal 01-02-2007

Do jurors surf the Internet to learn about the lawyers in the case, despite judges' warnings that it's a no-no?

You bet they do, and some jury consultants advise firms to ponder, "What will jurors think of me after visiting my Web site?"

Lawyers intrigued by the advice should visit the home page of New Jersey insurance defense firm Bolan Jahnsen & Reardon in Shrewsbury. The site isn't targeting jurors, but the firm kept them in mind when writing the copy, managing partner Daniel Jahnsen says.

Besides information that portrays the firm as competent and experienced -- Jahnsen has tried 200 cases to verdict -- the site includes self-deprecating humor to suggest that the lawyers aren't stuffed shirts who take themselves too seriously.

The idea is that any juror who does browse by will appreciate the light touch.

"We want to humanize ourselves and show a sense of humor," Jahnsen says.

His biography, mostly about his experience, knowledge and achievements in court and on the lecture circuit, ends with, "Most of this is actually true. This stuff about lecturing, however, sounds more impressive than it is. No one has ever paid to listen to Dan talk."

Another bio jokes about a lawyer who learned to love beer in college.

Web designers and jury consultants who looked at the site say it might turn off potential clients and that some of the humor is over the top or falls flat. And some say using a Web site to get jurors to like you and gain an edge at a trial is a futile exercise.

But they also say firms that add jurors' potential impressions to the normal criteria in writing Web site material may be on the right track, because some jurors are looking, despite judges' admonitions.

"They're not supposed to but it doesn't mean they don't," Jahnsen says.

Model civil jury instructions in most states include general warnings to panelists against amateur investigating, like visiting accident scenes or studying the effects of diseases.

Recognizing that the electronic age has made such sleuthing easier, judges in New Jersey are mentioning the Internet in their admonitions. Indeed, the state Supreme Court's Committee on Model Civil Jury Charges is studying a draft rewrite of model charge 1.11(C) to include the Internet, cell phone messaging, chat rooms and Blackberries as off-limit sources for information about cases.

The committee is concerned about jurors using the Internet to satisfy curiosity about the substance of the trial, not the lawyers, says Kevin Wolfe, the judiciary's staff adviser to the committee. But that's something that may be addressed in the future, he says.

Middlesex County [N.J.] Superior Court Judge Lewis Paley says he already mentions the Internet in his general admonition to jurors. But he doesn't say specifically, "Don't Google the lawyers."

Even so, that's what juries are doing, consultants say.

Research has shown that jurors routinely disregard the instruction and want to find out as much as they can about everything related to the case, including the judges, witnesses and lawyers, [Should jurors be monitored while serving? Bob] says Richard Waites, based in the Houston office of 16-branch jury consulting firm, The Advocates.

"We have seen situations after a trial is over where a jury will say it knows something about a lawyer even though they may be coy about how they found it," Waites says. "It's obvious they found out only by the Internet," he says.

"If lawyers knew more about what jurors knew about them, they would be much more careful about what they put on their Web site," he says.

Waites says lawyers should root out anything that suggests a lawyer is biased or untrustworthy in coming to a fair resolution of the case.

For example, a juror could be turned off by a plaintiff's lawyer whose site includes chest thumping about huge awards the firm has won. "They forget that there are a lot of jurors, some of whom are defense-oriented who are going to their Web site," he says.

"If a defense lawyer gloats about the great victories he achieves for his defense clients -- that he wins 100 percent of the time -- or something that would show the lawyer is so defense-oriented he is biased or untrustworthy when it comes to fair resolution, it would kind of turn you off," he says.

Jurors read about lawyers during voir dire and again during trial, Bob Weiss, of Alyn-Weiss Associates, a Denver marketing consultant, wrote in the American Bar Association's Law Practice Today newsletter in July 2004.

"Defense counsel may want to soften their image of being Goliath's hired guns via the Web. Plaintiff's counsel may want to position themselves as champions of the Davids of the world."

"Whatever you convey on your site should be consistent with the impression you are trying to make to jurors in the courtroom. No jury consultant wants you to develop a credibility issue with the jury during trial," Weiss wrote.



Interesting indeed. Is this fighting fire with fire, or tossing gas on the flames? (What I'm asking is: can these “It's not fair!” types understand a rational response?

http://slashdot.org/article.pl?sid=07/01/02/2117236&from=rss

Starbucks Responds In Kind To Oxfam YouTube Video

Posted by kdawson on Tuesday January 02, @05:16PM from the better-latte-than-never dept. Communications The Internet

Kligmond writes "Last week, Starbucks placed a video on YouTube responding to a video posted by the Oxfam Charity. The Oxfam video was launched in conjunction with 'Starbucks Day of Action,' held December 16th, when activists visited Starbucks locations across the world in protest of the coffee retailer's alleged mistreatment of Ethiopian farmers. The Starbucks video calmly addresses the Oxfam allegations, citing an impasse over Ethiopian trademark legalities. Starbucks claims the refusal to sign a trademark agreement with Ethiopia is a stumbling block they hope to resolve on behalf of the farmers. The coffee chain's representative goes on to refute the contention that Starbucks refuses to pay a fair price for its coffee reserves and, in fact, routinely pays well above commodity price, and above fair trade price. Unlike many recent ineffectual corporate reactions to social journalism and networking eruptions, Starbucks' response is unique in that the corporation managed Oxfam's unconventional assault in a very unconventional way, via YouTube. Regardless of the outcome of this particular incident, the move on Starbucks' part comes off as unmistakably in touch with today's communication modes and methods."



Lots of citations here...

http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1167732122993

Why Most Document Retention Policies Are Ineffective

Kenneth L. Stein and Richard H. An The Privacy and Data Protection Legal Reporter January 3, 2007

Many companies have document retention policies in which paper and electronic documents are discarded or deleted after specified time periods, depending on the content and type of document. Those policies serve to keep sensitive information from getting into the hands of others, as well as to control the amount of physical and digital memory space needed to store documents. See Arthur Andersen LLP v. United States, 544 U.S. 696, 704 (2005). Some companies, for example, automatically delete e-mails older than 3 months, unless specifically saved by an employee. See Hynix Semiconductor, Inc. v. Rambus, Inc., No. C-00-20905 RMW, 2006 WL 565893, at *11 (N.D. Cal. 2006). Courts, including the U.S. Supreme Court, have recognized that there is nothing wrong with such policies, even where they might result in the destruction of documents that might be material in a later lawsuit, as long as that lawsuit was not reasonably foreseen at the time the documents were destroyed. See Arthur Andersen, 544 U.S. at 704 ("It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances."); Samsung Elecs. Co. v. Rambus, Inc., 439 F. Supp. 2d 524, 543 (E.D. Va. 2006) (citing Arthur Andersen).

When it comes to electronic documents, however, common document retention policies do not achieve their goal of preventing sensitive information from falling into the hands of others. That is because deleting an e-mail or electronic document does not actually remove that information from a computer. Instead, the deleted information remains there, typically on the computer's disk drive, until it is overwritten by other information. That may not happen for years -- or ever. In the meantime, that information may be recovered using software tools designed for recovering deleted information, and may be subject to discovery in legal proceedings. Thus, common document retention policies for e-mail and electronic documents are not completely effective or reliable.

... DISCOVERY OF DELETED FILES

Damaging evidence has been found in deleted electronic documents and files in numerous cases. For example, in Plasse v. Tyco Elecs. Corp., forensic analysis revealed that the plaintiff had deleted numerous files that were potentially relevant to the lawsuit and had also backdated documents, leading the court to dismiss the plaintiff's case in its entirety. See Plasse v. Tyco Elecs. Corp., 448 F. Supp. 2d 302, 308-11 (D. Mass. 2006)



Success breeds success? Only one camera in four useful? See the next article!

http://yro.slashdot.org/article.pl?sid=07/01/03/0242224&from=rss

Cameras Help Cops Catch a Killer

Posted by kdawson on Wednesday January 03, @07:08AM from the panopticon dept. Privacy

CrazedWalrus writes "Philadelphia police recently captured a serial killer with the help of a combination of Homeland Security and private surveillance cameras. Police examined video from 50 different cameras and pieced together relevant footage from 12 of them, and eventually were able to identify the murderer. Once caught, he confessed to several other murders spanning the past eight years. Without these cameras this killer would probably be stalking the streets of Philadelphia today. With results like that, is there really a good basis for argument against these cameras?"



If you don't understand the technology, at least ask someone who does before making assertions to the judge... So, if you can't tell real from Memorex, can you trust any image?

http://news.com.com/2100-1030_3-6145563.html?part=rss&tag=2547-1_3-0-5&subj=news

Police blotter: Detecting computer-generated porn?

By Declan McCullagh Story last modified Wed Jan 03 06:26:29 PST 2007

"Police blotter" is a weekly News.com report on the intersection of technology and the law.

What: FBI claims that one of its analysts can simply look at a photo and detect whether it's been altered in Photoshop or generated by a computer.

When: U.S. District Judge Nancy Gertner in Massachusetts ruled on August 11 and November 22, 2006.

Outcome: FBI's claim was rejected and its expert was not permitted to testify.

What happened, according to court documents:

In 2002, the U.S. Supreme Court overturned a federal law banning the possession of images of minors in lascivious poses that were either Photoshop-altered adults or completely computer-generated. Since then, to secure a conviction, prosecutors must prove that a defendant possessed images of real--not virtual--children.

This brings us to the case of Rudy Frabizio, whose employer discovered sexually explicit images on Frabizio's computer that appeared to involve minors. The FBI was contacted, and Frabizio was indicted on one count of possession of child pornography.

Initially, the FBI chose as its expert witness Hany Farid, a Dartmouth College professor of computer science, who had written a program to determine whether an image was real. But then Frabizio's defense attorney discovered that the program had a 30 percent false-positive error rate: it frequently classified a real photograph as computer-generated. It also classified an image of a cartoon dragon called "Zembad" as real.

The U.S. Department of Homeland Security, which shares responsibility with the FBI for prosecuting child pornography, has paid for Farid's research on image detection. A DHS-funded technical report that Farid published after the Supreme Court's ruling claims his statistical technique "correctly correctly classified 67 percent of the photographic images."

After that revelation, the FBI quickly switched witnesses. Its new expert was Thomas Musheno of the FBI's Forensic Audio, Video, and Image Analysis Unit.

The FBI claimed that Musheno could simply look at each image--with no computer program required--and figure out which is legal and which is not. Musheno concluded that 6 of the 19 JPEG images definitely depict real children and 10 others "appear to be" real children. (Musheno holds a bachelor's and a master's degree in photography, not in any technical disciplines, and the FBI handbook (PDF) does not discuss how to detect computer-altered images.)

In response, Frabizio's defense counsel essentially argued that the line between real and virtual had disappeared. As evidence, the defense cited a computer-generated image of a woman in a fetal position, a "photo" of actress Jennifer Garner, and an image of a woman kneeling on a bed.

U.S. District Judge Nancy Gertner in Massachusetts wrote two opinions, the first on August 11 and the second on November 22. (A preliminary ruling is here).

Gertner seemed to take a dim view of the FBI's witness-switching and its claim that one of its analysts could simply look at a sexually explicit image and say confidently that it was of someone who's 17 years old and a minor--or 18 years old and an adult.

"I have serious doubts as to whether a person visually studying the images in this case can distinguish real pictures from manipulated or wholly virtual ones with the level of confidence required in a criminal prosecution," Gertner wrote. She cited computer science research that said even "experts cannot know whether a digital image is real or virtual."

Gertner ruled in August that the government was welcome to find an expert on computer-based graphical manipulation--but because Musheno was not one, he would not be allowed to testify. In November, she rejected the government's request to reconsider, which had argued that other federal circuits permitted such testimony from nonexperts.

Excerpts from Judge Gertner's August opinion:

I find that visual observation alone is inadequate to the task of evaluating the images in this case. If photographic experts as a general matter are inadequate to the task of identifying computer-generated images, then no level of experience in that field will suffice to qualify one as an expert. Indeed, allowing Musheno to testify would be like allowing a dentist to identify the causes of glaucoma. If the government offered an expert who eliminated the possibility of such imagery in this case, then Musheno's testimony might be admissible.

In a world of rapidly changing technology, where the availability and use of Photoshop and other, similar programs is widespread, substantial evidence suggests it may be possible to digitally create or manipulate photographs in a manner the naked eye cannot detect. The government has not shown otherwise. Under these circumstances, it is unreasonable to expect a lay jury to differentiate the real from the computer-generated. The government must therefore present an expert or other extrinsic evidence to prove that the images in question depict real children.

Whether the images in this case are real or virtual cannot be determined based on mere observation, however, even by a photographic expert. More specialized, computer-based knowledge is required to exclude the possibility that the pictures are wholly virtual. Furthermore, even if visual observation were sufficient, I would find that Musheno's qualifications and expertise do not justify the conclusions he proposes to make. I would allow him to testify to his observations, but not to his ultimate conclusions.

Excerpts from Judge Gertner's November opinion:

The government suggests that the Supreme Court has already resolved the issue in the case at bar. It did not. In Ashcroft v. Free Speech Coalition, the Court was addressing a hypothetical question and one from 2002 to boot. The Supreme Court did no more than assume that if the government's position were true, that virtual images are indistinguishable from real ones, that would be irrelevant to a constitutional analysis. The fact that it would be difficult to tell the real images--which are not protected--from the virtual images--which are protected--is not a basis for suppressing lawful speech, i.e. the virtual images.

The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside down. The Government may not suppress lawful speech as the means to suppress unlawful speech. Protected speech does not become unprotected merely because it resembles the latter. The Constitution requires the reverse. The possible harm to society in permitting some unprotected speech to go unpunished is outweighed by the possibility that protected speech of others may be muted.



I suppose if you have teenagers, you could dial this down to .00001 (or driving gloves will come back into fashion...)

http://hosted.ap.org/dynamic/stories/J/JAPAN_TOYOTA_DRUNKEN_DRIVING?SITE=VALYD&SECTION=HOME&TEMPLATE=DEFAULT

Jan 3, 7:13 AM EST

Toyota Creating Alcohol Detection System

TOKYO (AP) -- Toyota Motor Corp. is developing a fail-safe system for cars that detects drunken drivers and automatically shuts the vehicle down if sensors pick up signs of excessive alcohol consumption, a news report said Wednesday.

Cars fitted with the detection system will not start if sweat sensors in the driving wheel detect high levels of alcohol in the driver's bloodstream, according to a report carried by the mass-circulation daily, Asahi Shimbun.



So sic the forensic accountants on them!

http://techdirt.com/articles/20070103/003127.shtml

RIAA Pulling Out All The Stops To Keep Its Wholesale Digital Download Prices Quiet

from the can't-let-that-get-out-now,-can-we? dept

For all the talk about how iTunes is something of a loss leader for Apple, it's still never been clearly stated just how much the recording industry charges Apple for each downloaded song. Everyone seems to agree that it's approximately two-thirds of the retail $0.99 price, and at various times we've heard numbers as low as $0.65 and as high as $0.77. The general consensus is that it's usually in the $0.67 to $0.70 range, with $0.70 being the standard these days. However, it appears that the RIAA really just doesn't want anyone to know about them. In one of the recent lawsuits, UMG v. Lindor, where the defendant is challenging the damages amount, the RIAA is refusing to disclose the wholesale pricing details unless they can require Lindor's attorneys from keeping the prices confidential. Her attorneys refuse to do so, on the grounds that the information really isn't confidential, and the only reason the RIAA is hoping to keep the prices quiet is to assist them in other lawsuits. Perhaps that would be lawsuits like the one they're facing from a bunch of musicians who feel that the labels are cheating them out of revenues owed from digital downloads.



Forward to your security guru (that's Hindi for “Geek”) At minimum, this type of article should document what you can learn from your wireless network.

http://www.securityfocus.com/infocus/1884?ref=rss

Wireless Forensics: Part One - Tapping the Air

Raul Siles, GSE 2007-01-02

Introduction

The huge adoption of wireless technologies over recent years has placed wireless data (or Wi-Fi) networks, based on the 802.11 specifications, as one of the major attack vectors for organizations nowadays. Incident handlers and law enforcement have been forced to deal with the complexity associated with these technologies when managing and responding to security incidents.

This two-part series looks at the issues associated with collecting and analyzing network traffic from wireless networks in an accurate and comprehensive way; a discipline known as wireless forensics.



It's interesting, but is there value in this type of analysis? (You can't know until you do it...)

http://slashdot.org/article.pl?sid=07/01/02/1711230&from=rss

A Microsoft-Speak Timeline - From Altair to Zune

Posted by Zonk on Tuesday January 02, @12:44PM from the always-he-is-looking-to-the-future-to-the-horizon dept. Microsoft Technology

netbuzz writes "No company has had more to say about software over the past 30 years than Microsoft (for better or worse). How they've said it — the actual language used — reveals a lot about the company's evolution and is the focus of a new timeline. There's a look back at a 'tag cloud' provided by the Seattle P-I. In addition to analyzing the linguistics of about 90 documents, there are also links to such gems as Bill Gates' Playboy interview and his famous 'Open Letters to Hobbyists.' From the article: 'We're talking all the way from Altair to Zune, with stops along the way for every technology the company developed, bought or borrowed, right on through to current entanglements with Vista, Linux and Google. The tool allows for an at-a-glance view of company priorities as they evolve and shift.'"

Tuesday, January 02, 2007

Can we be far behind?

http://www.stripes.com/article.asp?section=104&article=42520

Age checks on the way at cigarette machines in Germany

Verification process may exclude most Americans

By Geoff Ziezulewicz, Stars and Stripes European edition, Tuesday, January 2, 2007 Geoff Ziezulewicz / S&S

... A law going into effect this year requires everyone buying cigarettes at those ubiquitous corner machines to prove their age before that fresh pack comes tumbling down the chute.

And because of the age-verification technology involved, most members of the American military community in Germany will probably be left out.

The switch affecting all of the approximately 500,000 public cigarette machines centers around the so-called “GeldKarte-Chip,” a microchip found in German credit and debit cards that is not a feature in most U.S. banking cards.

The chip gives the owner’s age when it is put into a cigarette machine, according to Christiane Kroll, a spokeswoman for fischerAppelt Kommunikation, a German marketing company spearheading publicity for the changeover.

... To alleviate concerns regarding data privacy, Kroll said the age-determination feature was checked to make sure only age is being released [suggesting other information is available... Bob] when the card goes into the machine.



“We just see the constitution differently... You see it as a guarantee of rights, we see it as whatever we want it to be...”

http://writ.news.findlaw.com/dorf/20070102.html

A Federal Appeals Court Upholds the Government's Seizure of Computer Records of Major League Baseball Players' Drug Tests

By MICHAEL C. DORF ---- Tuesday, Jan. 02, 2007

Last week, a divided panel of the U.S. Court of Appeals for the Ninth Circuit rejected challenges to the federal government's 2004 seizure of computer files relating to illegal steroid use by professional baseball players and other athletes. The decision in United States v. Comprehensive Drug Testing, Inc. (CDT) has implications well beyond the fate of Barry Bonds, the Bay Area Lab Cooperative (Balco), and even professional sports. Indeed, quoting the opinion of one of the district judges whose rulings last week's decision reversed, dissenting appellate Judge Sydney Thomas asked: "What happened to the Fourth Amendment? Was it repealed somehow?"



“Bluesnarfing or Bluejacking” Sound like lots of fun!

http://digg.com/security/A_warning_to_turn_Bluetooth_OFF_whilst_in_public

A warning to turn Bluetooth OFF whilst in public!!

After watching this video you'll automatically reach for your phone and turn off its Bluetooth feature.......or risk a hefty fine!

http://www.youtube.com/watch?v=dltjEnrePxc



Well, yes I do have Cain & Able installed. Why do you ask?

http://digg.com/security/How_to_hack_network_passwords_in_13_steps

How to hack network passwords in 13 steps

This instructional tutorial shows how easy it is to sniff people's passwords in plain-text form on a wired network. Common applications for this would be on a university, school or otherwise large network. This tutorial is for educational purposes only and should only be used to demonstrate the security weaknesses of common networking systems.

http://www.antiriddle.com/forum/viewtopic.php?p=706#706



Is it wise to rely on the government to do your investigating?

http://www.charleston.net/assets/webPages/departmental/news/Stories.aspx?section=businessreview&tableId=124446&pubDate=1/1/2007

SBA criticized for pulling company data from Web site

By Jim Wyss McClatchy Newspapers

MIAMI Federal contracting watchdogs say the Small Business Administration's recent decision to delete key company data from a public Web site has stymied their efforts to try to catch large firms soaking up billions of dollars in contracts earmarked for small businesses.

At issue is the Central Contractor Registry Web site where companies that want to do business with the government are required to post profiles, including employee size and annual revenue. Recently, the SBA pulled the size data, citing privacy concerns. [I fail to see the connection... Bob]

Federal agencies and prime contractors use the Web site, known as CCR, to identify small businesses that qualify for contracts. But advocacy groups and small-business competitors use CCR to double-check contracts and challenge deals if they suspect the winner is actually a large company.

... The SBA has a poor track record of policing itself. Last year House Democrats released a report saying that $12 billion the SBA had reported as going to small businesses last year actually went to some 2,500 large or otherwise ineligible companies.

That report is just one of about a dozen studies that have found large corporations, including IBM and ExxonMobil, have soaked up small-business contracts. In most cases the firms were using legal loopholes to win the contracts. [Don't fix the law, complain that its “not fair” Bob]

... But full disclosure should simply be the cost of doing business with the government, said Paul Murphy, president of Eagle Eye Publishers of Washington. "If you work for the taxpayer, then they have the right to know as much about you as they can," he said. [Politicians won't like that! Bob]



This will become another “it isn't fair” argument.

http://www.law.com/jsp/article.jsp?id=1166782003678

Prisoners' Right to Internet Materials Contested

By Vesna Jaksic The National Law Journal 12-26-2006

The Internet age -- and all its legal complications -- has finally come to prisons.

When Danny Williams, a Georgia prisoner serving a life sentence for murder, wasn't allowed to receive legal materials downloaded from the Internet in his mail, he filed a pro se suit challenging the ban.

Brooke Savage, an associate in the Atlanta office of Holland & Knight, took over the suit in early 2004 shortly after joining the firm, which had been appointed by the court. Williams v. Donald, No. 5:01-CV-292-2 (M.D. Ga.).

"It was something that just stood out as being contrary to the First Amendment, a complete and seemingly arbitrary ban on a prisoner's mail solely because it is generated from the Internet," she said.

... Opponents have brought up an array of safety and security concerns, such as the possibility that the materials could include contraband. In Williams' case, state officials said that Internet printouts may increase the risk of inmates getting their hands on dangerous information, such as instructions on making a pipe bomb, according to court documents.

... In 2004, the California Department of Corrections was barred from preventing inmates from receiving mail containing Internet-generated information. Clement v. California Department of Corrections, 364 F.3d 1148 (9th Cir.).

The department referred calls to Pelican Bay State Prison, where the case originated. The prison's spokesman, Lieutenant Ken Thomas, said the policy has been changed to allow for such materials as long as they don't jeopardize the security of the institution.

More recently, a Colorado district judge ruled in October against the Federal Bureau of Prisons, saying its policy was unconstitutional because it prohibited an inmate from getting printed materials in the mail. Jordan v. Hood, No. 03-cv-02320 (D. Colo.).



Living to 100 – Centennial Man forever! (depressing, isn't it)

http://www.guardian.co.uk/science/story/0,,1980978,00.html?gusrc=rss&feed=1

No religion and an end to war: how thinkers see the future

Alok Jha, science correspondent Monday January 1, 2007 The Guardian

People's fascination for religion and superstition will disappear within a few decades as television and the internet make it easier to get information, and scientists get closer to discovering a final theory of everything, leading thinkers argue today.

The web magazine Edge (www.edge.org) asked more than 150 scientists and intellectuals: "What are you optimistic about?" Answers included hope for an extended human life span, a bright future for autistic children, and an end to violent conflicts around the world.

... Leo Chalupa, a neurobiologist at the University of California, Davis, predicted that, by the middle of this century, it would not be uncommon for people to lead active lives well beyond the age of 100. He added: "We will be able to regenerate parts of the brain that have been worn out. [Perhaps we could require this treatment before running for elected office? Bob] So better start thinking what you'll be doing with all those extra years."



My tax dollars at work

http://www.bespacific.com/mt/archives/013427.html

December 29, 2006

Fact Sheet: Select Homeland Security Accomplishments For 2006

Fact Sheet: Select Homeland Security Accomplishments For 2006, Release Date: December 29, 2006.



When you've got a hot property, charge all the market will bear... (How much will they charge for the second copy? How much if I just hack in an make my own copy?)

http://www.denverpost.com/ci_4930659?source=rss

Centennial says $2,000 to see year of e-mails is warranted

By Carlos Illescas Denver Post Staff Writer DenverPost.com Article Last Updated:12/31/2006 09:54:57 PM MST

Public information can cost a lot in Centennial.

The mayor says the city is justified in charging $2,000 for a year's worth of e-mails from its embattled city treasurer.

But governments should be open for public review, and charging large amounts for records ensures that the average person will not do it, critics say.

"How public is this public record if you have to have $2,000 to get it?" said Jenny Flanagan, executive director of Colorado Common Cause. "It's unreasonable. Maybe this whole process needs to be re-evaluated."

The city contracts its information technology services to a private company, which said it would probably charge The Denver Post $2,000 to see all of Treasurer Doug Milliken's e-mails since January.

Centennial Mayor Randy Pye sees a benefit in the high price. The cost also works to keep those away who would take advantage of the system, Pye said, people asking for massive amounts of information just for the sake of asking.

"I think it's reasonable," Pye said. "The only thing I am trying to do is protect my citizens so they don't get hung up with a request from a media outlet or individual who comes in every two or three weeks asking for information. That can get costly."

According to Colorado's law on public records, the public is entitled to see most any record, including e-mails, that are made or maintained or kept by any public entity in carrying out that city's or government's duties.

But Ed Otte, executive director of the Colorado Press Association, told The Associated Press last year that results of an AP survey showed that obtaining records can be a discouraging process to many.

"In some situations where there are obstacles to getting copies of records, or the fees seem unusually high, that can serve as a deterrent," he said.

Because Centennial contracts its information technology services to a private company, that company can charge whatever it deems appropriate. [Oh? Another gap in the contract language? Bob] In this case, CH2M Hill Inc. said it would charge about $2,000 - $125 an hour for each of the 12 months, plus other possible charges.

City officials say when Centennial came into existence five years ago, they decided to contract out most services to keep costs low. Police and fire services were contracted out to Arapahoe County. Public works is subbed out too. Even the entire land department is handled by a private company. The same holds true for information technology, including the city's computer system.

The Denver Post asked for the e-mails after it was learned that Milliken, who is leaving the city and taking the treasurer position in Arapahoe County this month, has had problems handling his personal finances.

Milliken had a bankruptcy in 1993 for credit card debt of more than $90,000 and also had foreclosure proceedings started on his home on the day before the Nov. 7 election, although he recently made restitution and is out from under foreclosure.

A few years ago, some city officials questioned his skills to handle Centennial's finances and Milliken was stripped of some of his responsibilities.

Centennial officials say they were merely charging the amount their private company charges to retrieve his e-mails. The city did say it would waive its own charges, although officials did not elaborate what those were.

"When you call up and say, 'I want to see all e-mails for the last year,' somebody has to gather that up all together," city spokeswoman Nancy Reubert said.

At least if you have the money, you can get a year's worth of e-mails in Centennial. Other cities, such as Lakewood, keep e-mails for a short period of time. Lakewood spokeswoman Stacie Oulton wasn't sure how long the city keeps e-mails but said it could be weeks or even just days.



Try it! What's the worst that could happen?

http://digg.com/general_sciences/How_to_Think_Like_a_Genius_2

How to Think Like a Genius

Even if you're not a genius,(though most diggers probably are.) you can use the same strategies as Aristotle and Einstein to harness the power of your creative mind and better manage your future.

http://www.studygs.net/genius.htm



Got something to say?

http://www.cfp2007.org/live/

Call For Proposals

The deadline for proposals is January 20, 2006

The Program Committee of the Seventeenth Conference on Computers, Freedom, and Privacy (CFP2007) seeks your proposals for innovative conference sessions and speakers.

Before submitting a proposal, please review the submission guidelines.

Select the type of proposal you would like to submit:

Monday, January 01, 2007

Beware of years that start on a Monday.


Worth the time to listen.

http://www.podtech.net/home/technology/1763/podtech-weekly-gartner-takes-a-look-ahead

PodTech Weekly: Gartner Takes a Look Ahead

Posted by Paul Lancour | December 30th, 2006 5:35 pm

SAN FRANCISCO, December 30, 2006 (PodTech News) — Do you think 2007 will be an even BIGGER year for blogs? Are you already thinking ahead to what lies beyond the release of Microsoft VISTA? Well, you may want to rethink whatever it is you think you're thinking. PodTech's Clark Boyd speaks with Gartner Research Analyst Daryl Plummer about the group's IT predictions for the years ahead.

Rio Pesino looks back over the past year, and ahead to what the current state of gaming — including Microsoft's Xbox 360, the Sony PS3 and Nintendo Wii, might mean for the year ahead.

And the second in a two-part conversation with Prosper.com CEO Chris Larsen. He speaks with Podtech's Michael Johnson.

Click Here to Listen [34:18]



Worth looking for new sites...

http://www.bespacific.com/mt/archives/013422.html

December 31, 2006

UK Guardian's 100 most useful sites for 2006

The new 100 most useful sites



Geeky, but useful

http://digg.com/linux_unix/HowToForge_Linux_tutorials_for_everyone

HowToForge: Linux tutorials for everyone!

Neat Linux tutorials allowing everyone to dive into the most advanced features of this operating system!

http://www.howtoforge.org/



Remember, half the world is below average.

http://darwinawards.com/darwin/darwin2006.html

2006 Darwin Awards

Named in honor of Charles Darwin, the Darwin Awards salute the improvement of the human genome by honoring those who accidentally remove themselves from it, thus ensuring that the next generation is one idiot smarter. Of necessity, the Awards are generally bestowed posthumously