Thursday, December 15, 2011


It is possible no one violated the law. This kerfuffle is entirely due to a failure to notify users about data capture. NOTE: Certain Computer Law experts (you know who you are) should not take this article as justification for remaining technological neanderthals...
You don’t have to be tech-savvy to recognize the perils
December 14, 2011 by Dissent
Criminal defense attorney Scott Greenfield has an interesting commentary on revelations that the FBI may be availing itself of some of Carrier IQ’s “features” that its customers may be deploying:
… this doesn’t mean they already have their hands on your text messages, or even that there’s any cooperation on the part of Carrier IQ. Indeed, there may be a passel of issues surrounding any effort to gain access to every keystroke you ever tapped on your smartphone, though it would appear that since it’s in the hands of a third party, no Fourth Amendment right attaches. On the other hand, since no one knew this was happening, and it came as a huge, and scandalous surprise to the public, a court should be hard pressed to conclude that it passes scrutiny under Katz’s reasonable expectation of privacy test.
But now you do know. And so does the FBI. And as long as you continue to tap, tap, tap on that cute little qwerty keyboard, you can’t deny you took the risk of exposure to the government by Carrier IQ.
We’re inundated with the magic of technology, making our world easier, faster and perpetually more fabulous. Those who adore technology gush over every shiny new toy. And to a large extent, the toys are great fun and occasionally useful. But nobody wants to be serious about the perils. And there is no shortage of perils.
My deep understanding of all things technical precludes me from discussing the potential of evils that could stem from this rootkit. I don’t even know what a rootkit is. But I know too well that the government will have no qualms about using it to their advantage if they can get their hands on it.
[...]
By the time a court rules that some technology I’ve never heard of is so common and pervasive that no reasonable person could expect privacy, the cutting edge is already a thousand light years ahead of it. [I'm gonna have that printed on a T-shirt! Bob] I learn about it via some of the more technologically astute (and, naturally, younger) lawyers, like Keith Lee, but so does the government. If there’s data to be mined, they’ve got their pith helmets at the ready.
So enjoy those new, shiny toys. Tap to your heart’s content. Hang in the clouds. Eventually, we’ll find out whether you had some unexpected company with you, and by the time it reaches a circuit court and a decision is made about how unreasonable you were to expect that your private, personal communications and messages would remain private, it will be too late to worry about it. By then, you will be informed that everyone knows that there’s no privacy in the technological, digital, shiny toy world. But by then, it will be too late to worry about it.
I couldn’t agree with Scott more, which is why I have always been something of a technological dinosaur. Maybe it’s a genetic thing. My dad used to buy new clothes but then let them age in his closet for at least a few years before he’d wear them. I was never sure why he did it, but I seem to have inherited the reluctance to rush into new things. I wait years to see if something is really safe or valuable to use and I still use a Palm Pilot because I don’t like the idea of my patient scheduling calendar being up in some cloud where others might be able to access it. My new devices come with BlueTooth but I have no idea what I want to do with that. By the time I figure it out, BlueTooth will probably be passé.
On a positive note, I avoid all the weekly Facebook privacy worries by having had the foresight to never create a profile on most social media platforms (Twitter is the exception and there, I use a #noloc app to keep my tweets out of the Library of Congress).
Games? Apps? They sound great – and often free – but as I learned as a health care professional decades ago, there’s no such thing as a free lunch. And if the price of lunch is the government amassing tons of data on me without judicial oversight, well, thanks, but no thanks.

(Related) The benefits of a superior education system?
"Reuters reports that a quarter of the EU has yet to use the internet. Further, half of those in some of the southern and western states do not even have internet access at home. From the article: 'As well as highlighting geographic disparities across one of the world's most-developed regions, the figures underline the lack of opportunity people in poorer communities have to take part in advances such as the Internet that have delivered lower cost goods and service to millions of people.' The full report created by Eurostat can be found here."


...and since every employee has a cellphone camera...
I can just picture it….
December 14, 2011 by admin
Why risk getting caught downloading customer data when you can just take pictures of it?
Trilegiant Corporation in Stamford, Connecticut recently notified the New Hampshire Attorney General’s Office that a call center vendor’s employee had been caught taking screen shots of customer data (names and debit or credit card numbers) with his phone camera.
The police are reportedly investigating and the firm is offering affected customers some free credit monitoring services.
Ironically, perhaps, Trilegiant describes itself as the “premier membership-based provider of travel, shopping, health, dental, entertainment, and consumer protection services.” [Hey! They caught the guy, didn't they? Bob]


What are we saying here? China's hackers rule? US security sucks? (Are we bragging or complaining?)
"Chinese-based hacking of 760 different corporations reflects a growing, undeclared cyber war. From giants like Intel and Google to unknowns like iBahn, the Chinese hackers are accused of stealing everything isn't nailed down. Simply put, it is easier and cheaper to steal rather than develop the legal way. China has consistently denied it has any responsibility for hacking that originated from servers on its soil, but — based on what is known of attacks from China, Russia and other countries — a declassified estimate of the value of the blueprints, chemical formulas and other material stolen from U.S. corporate computers in the last year reached almost $500 billion"


Interesting applications for facial recognition tech...
Across the Web and around the world, your face is being detected and recognized. Here are 6 of the more prominent examples.


Dude! I was hanging with Bill Gates and Warren Buffet the other day and they kept bugging me for loans. Bummer dude!
"Betabeat's Adrianne Jeffries takes a look at the questionable young science of using social media to evaluate creditworthiness. As banks start nosing around Facebook and Twitter, Jeffries explains, the wrong friends might just sink your credit. 'Let's take a trip with the Ghost of Christmas Future,' she suggests. 'The year is 2016, and George Bailey, a former banker, now a part-time consultant, is looking for a 30-year fixed-rate mortgage for a co-op in the super-hot neighborhood of Bedford Falls (BeFa). He has never missed a loan payment and has zero credit card debt. He submits his information to the online-only PotterBank.com, but halfway through the application process, the website asks for his Facebook login. Then his Twitter. Then LinkedIn. The cartoon loan officer avatar begins to frown as the algorithm discovers Mr. Bailey's taxi-driving buddy Ernie was once turned down by PotterBank for a loan; then it starts browsing his daughter Zuzu's photo album, 'Saturday Nite!' And what was this tweet from a few years back: "FML, about to jump off a goddamn bridge"?' So, could George piggyback his way to a better credit score by adding Larry and Sergey to his Google+ Circles?"


Not coincidence, but not clear what it really is...
Ca: Insider breach at Insurance Corporation of British Columbia linked to shootings, arson
December 14, 2011 by admin
This sounds like it might qualify as one of the worst – if not, THE worst – insider breach of 2011.
When people affiliated with the Justice Institute of British Columbia starting seeing their homes shot at or set on fire, the RCMP began an intensive investigation.
That probe has now culminated in the firing of an Insurance Corporation of British Columbia (ICBC) employee who accessed information on dozens of people, including 13 people victimized by the shooting/arson incidents, RCMP said Wednesday.
“We can now state the investigation revealed a link to an ICBC employee, who allegedly accessed personal information of 65 individuals, including the 13 identified victims,” Chief Supt. Janice Armstrong of the Lower Mainland District Regional Police Service said in a statement. “That employee, along with other individuals, is under continued police investigation.”
Read more on Vancouver Sun.
The coverage doesn’t discuss what the employee’s motivation may have been, but QMI Agency reports that none of the victims, all of whom were students associated with the college, were harmed or appear to have been involved in criminal activity.
The Justice Institute of British Columbia provides training programs for the public safety sector as well as programs in community and social justice and health sciences. It is not clear which program the 13 victims or the other 52 individuals whose were accessed are enrolled in. Nor is it confirmed that the other 52 individuals are all affiliated with JIBC.
JIBC issued a statement on their web site today, but like the RCMP’s press statement, it offers no clue as to why an employee of ICBC would be involved in any attacks or arson. Nor is there any indication whether the employee accessed the information and passed it on to other(s) or used the information directly. None of the shootings or arsons occurred on JIBC campuses.
CKNW quotes Sergeant Peter Thiessen of the RCMP as saying:
“I’m not in a position to share what we believe some possible motives may have been. But we are looking at number of different scenarios.”
Thiessen says that ICBC employee and other people are under continued police investigation.


In theory, multiple (many, many) phones working together could broadcast HDTV images – but very few homes in the US still have the ability to receive them.
U.S.-Funded Internet Liberation Project Finds Perfect Test Site: Occupy D.C.
… If he has his way, Meinrath’s project will lead to low-cost, easy-to-use wireless connections around the globe, all lashed together in mesh that can withstand the whims of dictators willing to pull the plug on the internet to quash dissent. He and a team of software engineers are developing open-source software to turn cheap wireless access points and Android smartphones into nodes on the network, which could then be used by dissidents to evade censorship and to spread low-cost connections everywhere around the world. Proponents of the plan include the U.S. State Department, which has given Meinrath a $2 million grant to develop the code.


I'd be happy if we could agree not to arm them with Hellfire missiles.
Civil liberties group calls for privacy protections involving domestic drones
December 15, 2011 by Dissent
Jim Barnett reports:
A leading organization advocating individual rights is recommending new rules and limits to protect the privacy of Americans in advance of expected expanded use of domestic drones by police and other law enforcement agencies.
In a report released Thursday, the American Civil Liberties Union recommends drones not be deployed indiscriminately unless there are grounds to believe the unmanned aerial planes will collect evidence about a specific crime, adding government power “needs to be subject to checks and balances.”
Read more on CNN.


Here's a thought: Let's start the patent process on every Science Fiction idea that seems to be even vaguely technically feasible in the next 50 years.
"On Tuesday, Google was awarded U.S. Patent No. 8,078,349 for methods and devices for Transitioning a Mixed-mode Autonomous Vehicle from a Human Driven Mode to an Autonomously Driven Mode. From the fast-tracked patent application, which was filed last May and kept under wraps at Google's request: 'The autonomous vehicle may be used as a virtual tour guide of Millennium Park in Chicago. In the example embodiment, the vehicle may have an instruction to drive to the Cloud Gate (Silver Bean) sculpture at Millennium Park. When the vehicle arrives, the autonomous instruction may tell it to wait in the location for a predetermined amount of time, for example 5 minutes. The instruction may then direct the vehicle to drive to the Crown Fountain at Millennium Park and again wait for 5 minutes. Next, the instruction may tell the vehicle to drive to the Ice Rink at Millennium Park and wait for another predetermined amount of time. Finally, the vehicle instruction may tell the vehicle to return to its starting position.'"


Has a “Best Seller” list ever been about anything other than what sells best? It's not even a popularity contest – no free books made the list.
"Amazon's released their list of 2011's best-selling books, revealing that 40% of the best-selling ebooks didn't even make it onto their list of the best-selling print books. The #1 and #2 best-selling ebooks of the year weren't even available in print editions, while four of the top 10 best-selling print books didn't make it into the top 100 best-selling ebooks. 'It couldn't be more clear that Kindle owners are choosing their material from an entirely different universe of books,' notes one Kindle site, which points out that five of the best-selling ebooks came from two million-selling ebook authors — Amanda Hocking and John Locke — who are still awaiting the release of their books in print. And five of Amazon's best-selling ebooks were Kindle-only 'Singles,' including a Stephen King short story which actually outsold another King novel that he'd released in both ebook and print formats. And Neal Stephenson's 'Reamde' was Amazon's #99 best-selling print book of 2011, though it didn't even make it onto their list of the 100 best-selling ebooks of the year. 'People who own Kindles are just reading different books than the people who buy printed books,' reports the Kindle site, which adds '2011 may be remembered as the year that hundreds of new voices finally found their audiences.'"

(Related) A unique business model? What would his profit percentage have been if a more traditional DVD version had been released?
"Comedian Louis C.K., real name Louis Szekely, took a major risk by openly selling his latest stand-up special, 'Louis C.K. Live at the Beacon Theater,' for only $5 on his website and refusing to put any DRM restrictions on the video, which made it easily susceptible to pirating and torrenting. Four days later, Louis CK's goodwill experiment has already paid off: The 44-year-old comic now reports making a profit of about $200,000, after banking more than $500,000 in revenue from the online-only sale. The special, which has sold 110,000 copies so far, is only available on Louis CK's website."


For my geeks...
When you really stop to think about it, an Internet browser in its simplest form isn’t really that impressive an application. I mean, yes, the Internet is amazing by anyone’s standards. The concept of linking so many of the world’s computers and mobile devices within this massive network, that is epic. But the concept of transferring a text file with special code in it, and displaying that transferred text onto the computer screen – that’s really not a big deal.
… Using the approach below, you can use Word, Access or Excel to read HTML documents on the web, alter those documents, and then output whatever you want in a new browser window.


For my Math students
I am really getting fed up tired of having to explain Wolfram Alpha graphs to students. For some reason, the default in Wolfram Alpha is to graph everything with imaginary numbers. This results in bizarre-looking graphs and makes it near-impossible to use Wolfram Alpha as a teaching tool for undergraduate mathematics, a real shame. Now that Google has entered the online graphing fray, I have a wary hope that the programmers at Wolfram Alpha might finally (after two years of waiting) fix the problem.
Here are a few examples. I’ll show you the graph in Wolfram Alpha, on a TI-84 Plus emulator (TI-SmartView), from Google Search, and from Desmos Graphing Calculator. These are all the “default” looks. Wolfram Alpha consistently shows this confusing imaginary view as the default whenever working with graphs involving variables in radicals.


Quite a list of organizations to research.
A Look At The Organizations That Grabbed $115 Million In Grants From Google In 2011


Now this is truly strange...
Benny Hill Yourself, as the name suggests, is a web based tool that lets you replace Benny Hill with yourself in some of his video sequences. As you can see in the image below, the tool puts your picture on top of his face and then finalizes the video accordingly.

Wednesday, December 14, 2011


Too good at what they do? In “Ye Olde Days” IBM mainframes logged everything that happened on the machine (SMF files) That allowed us to monitor for errors; predict growth of applications; see who accessed what, when, etc.
Carrier IQ Gets Transparent About Its Mobile Monitoring
December 13, 2011 by Dissent
John Paczkowski has an interview with Carrier IQ CEO Larry Lenhart, and Andrew Coward, the company’s VP of marketing. You can read it on All Things D. Here’s a snippet:
You say your software doesn’t keep a log of location, keylog and SMS information, yet Trevor Eckhart’s video appeared to show that. What was going on there?
Coward: What he was looking at there was an Android log file. And to be blunt, there was information there that shouldn’t have been. In order for Carrier IQ to get information off a device, we work with the manufacturers to deliver that information through an API. That information shouldn’t show up in an Android log file. We don’t read from Android log files; we don’t see Android log files. That info just shouldn’t be there. And, ultimately, what goes in that log file is up to the manufacturer.
So that’s not your log file in the video?
Coward: No. It’s just an Android system log file.
Now don’t you want to read more of the interview?
Related: Understanding Carrier IQ Technology (pdf, Dec. 12, 2011)


When you come late to the party, try and make a big entrance?
"According to this AP report, the National Transportation Safety Board says 'States should ban all driver use of cell phones and other portable electronic devices, except in emergencies.' 'The recommendation, unanimously agreed to by the five-member board, applies to both hands-free and hand-held phones and significantly exceeds any existing state laws restricting texting and cellphone use behind the wheel.' So what about all the cars today that come with built-in computers, navigation, internet capabilities, and cell phones?"


Who says (some) judges don't understand technology? It's the law I'm not sure of...
"A Minnesota man violated a restraining order obtained by his ex-girlfriend by blogging about her mental health and sexual issues, and sending links to posts on the blog to her family, friends, and co-workers. The judge then extended the restraining order by 50 years, ordered the guy never to write about his ex on the Internet and ordered him to delete the blog he created. Even though there was no evidence that what he had written was false, the judge said the ex-girlfriend's 'right to be free from harassment' outweighed the guy's 'right to free speech.' 'I believe it's rare, if not unprecedented, for a court to order an entire blog deleted,' says technology law professor Eric Goldman."


I like the logic! Can it be extended?
PA: Court Denies Defense Motion Seeking To Obtain Plaintiff’s Social Network Information
December 13, 2011 by Dissent
Attorney Scott Cooper points us to a decision that bucks what seems to be an emerging trend in requiring people to turn over their social media logins to opposing parties in litigation:
Last week, the Court of Common Pleas in Franklin County, Pennsylvania in Arcq v. Fields et al, No. 2008-2430 (Herman J. Franklin Co. Dec. 7, 2011) addressed the issue regarding the discoverability of a Plaintiff’s social network profile and information. After filing a lawsuit as a result of injuries sustained in a car accident, the Plaintiff objected to interrogatories seeking social network information by arguing that the materials are not relevant and the Plaintiff has a reasonable expectation of privacy to such information. The Defendants argued that under other trial court cases, and one from the same court, the information is discoverable.
The trial court finds that there is one glaring difference the present case has from the others, and that is that the request of the Defendants in Arcq is not the result of viewing the public portion of the Plaintiff’s profile.
Read more on InjuryBoard.com.
Scott kindly sent me the opinion, and I was encouraged to see a court deny what appears to me to to have been a fishing expedition. The defendant’s counsel offered no evidence that the plaintiff even had any social media account on any platform. As the court indicated, all the defendant offered was a “belief” that the plaintiff had a MySpace account and a “belief” that the plaintiff might have other accounts on Facebook, etc. A Google search that I conducted turned up no evidence of any James Arcq or Jim Arcq on MySpace, Facebook, or LinkedIn. Maybe that explains the unsupported “belief.”
In any event, I am pleased to see a court distinguish between discovery requests based on public profiles that suggest that there’s more to be uncovered that could be relevant and fishing expeditions that might needlessly intrude on privacy.

(Related)
What Makes an Expectation of Privacy “Reasonable”? A Response to Chief Justice Roberts
December 13, 2011 by Dissent
Orin Kerr writes:
During the oral argument a few weeks ago in United States v. Jones, Chief Justice Roberts had some very interesting questions about the Fourth Amendment’s “reasonable expectation of privacy” test. I fear that the Chief Justice’s questions may reflect a common misunderstanding of the test. In this post, I wanted to explain the Chief’s possible error, and explain how I think the reasonable expectation of privacy test is supposed to work.
Read his commentary on The Volokh Conspiracy.


Sounds like they should also have one of those “workplace safety” signs that proclaim “___ days since our last Security Breach!”
UK: Communications providers should log personal data security breaches monthly, Information Commissioner says
December 13, 2011 by admin
The ICO recommends the monthly report in a new section in its guidance on security breach notifications. Public electronic communications service providers must alert it in the event of any security breaches relating to users’ personal data.
The guidance also states that if the breach is of a particularly serious nature, providers need to notify the ICO as soon as possible using a new standard notification form.
Read more on Out-Law.com


I suppose they couldn't wait for International Privacy Day...
EPIC Launches Campaign Urging Public Comment on Facebook Privacy Settlement
December 14, 2011 by Dissent
From EPIC.org:
EPIC launched the “Fix FB Privacy Fail” campaign to encourage the public to support improvements to a settlement between Facebook and the FTC. The settlement follows from complaints filed by EPIC and other consumer and privacy organizations in 2009 and 2010 over Facebook’s decision to change its users’ privacy settings in a way that made users’ personal information more widely available to the public and to Facebook’s business partners. Although the proposed settlement is far-reaching, there are several ways in which it could be improved. EPIC has recommended that the FTC require Facebook to restore the privacy settings users had in 2009; give users access to all of the data that Facebook keeps about them; stop making facial recognition profiles without users’ consent; make the results of the government privacy audits public; and stop secretly tracking users across the web. The period for public comment on the proposed settlement ends on December 30. The campaign also allows users to sign on to the petition without using Facebook. For more information, see EPIC: FTC Facebook Settlement

(Related?) Interesting because the article assumes “Big Companies” monitor these media and yet we don't teach classes in how to use any of them!
How to Get Big Companies to Listen to Your Complaint
Go straight to webchat
Share your pain on Facebook
Tweet about it
Make a YouTube video


At one time, this would have been played big by Republicans. I don't think any of the current candidates even remember those days...
In U.S., Fear of Big Government at Near-Record Level
December 13, 2011 19:53 Source: Gallup
From the report:
Americans' concerns about the threat of big government continue to dwarf those about big business and big labor, and by an even larger margin now than in March 2009. The 64% of Americans who say big government will be the biggest threat to the country is just one percentage point shy of the record high, while the 26% who say big business is down from the 32% recorded during the recession. Relatively few name big labor as the greatest threat.


I'm going to have strong words with my local library!
Silicon Valley Library Lends Google Chromebooks

Tuesday, December 13, 2011


For my Ethical Hackers... Walk-by hacking can pay for your college education! (You didn't hear it here...)
UK: Privacy fears as banks refuse opt out from NFC-enabled cards
December 13, 2011 by Dissent
Dan Worth reports:
A leading security expert has warned that citizens’ privacy rights may be in danger thanks to the refusal by most high street banks to allow customers to opt out from near-field communication (NFC) enabled bank cards using RFID technology.
Richard Hollis, a director of the not-for-profit Information Systems Audit and Control Association, argued that the lack of choice is of grave concern.
Read more on V3.co.uk. It’s not all banks that are refusing, but yes, if a bank refuses, I’d be concerned, too.


I thought it was too good to pass up...
The FBI Is Using Carrier IQ Information
December 12, 2011 by Dissent
Sam Biddle writes:
Well, I suppose this was inevitable: the FBI, via a Freedom of Information Act request denial, inadvertently admitted to involvement with Carrier IQ. And it won’t say how.
The government transparency wranglers atMuckRock filed for a FOIA release on the FBI’s use of Carrier IQ, and by saying no, they almost said it all:
The material you requested is located in an investigative file which is exempt from disclosure…
Read more on Gizmodo.
In the meantime, I’m still awaiting a response to my FOI request on the U.K.’s Met Police as to whether they’re investigating the use of Carrier IQ there as a violation of R.I.P.A. We’ll see what they day. I should hear back by the end of this month.


For my Data Mining/Data Analytics students... (e-Discovery) Always interesting, this is actually useful outside the world of e-discovery...
Secrets of Search – Part One
Two weeks ago I said I would write a blog revealing the secrets of search experts. I am referring to the few technophiles, lawyers, and scientists in the e-discovery world who specialize in the search for relevant electronic evidence in large chaotic collections of ESI such as email.


An unforgettable paper?
The ‘Right to Be Forgotten’ – Worth Remembering?
December 12, 2011 by Dissent
Jeff Ausloos of EFF has a paper up on SSRN, “The ‘Right to Be Forgotten’ – Worth Remembering?” Here’s the abstract:
In the last few years there has been a lot of buzz around a so-called ‘right to be forgotten.’ Especially in Europe, this catchphrase is heavily debated in the media, in court and by regulators. Since a clear definition has not emerged (yet), the following article will try to raise the veil on this vague concept. The first part will weigh the right’s pros and cons against each other. It will appear that the ‘right to be forgotten’ clearly has merit, but needs better definition to avoid any negative consequences. As such, the right is nothing more than a way to give (back) individuals control over their personal data and make the consent regime more effective. The second part will then evaluate the potential implementation of the right. Measures are required at the normative, economical, technical, as well as legislative level. The article concludes by proposing a ‘right to be forgotten’ that is limited to data-processing situations where the individual has given his or her consent. Combined with a public-interest exception, this should (partially) restore the power balance and allow individuals a more effective control over their personal data.
The paper will be published in Computer Law & Security Review, 2012. You can download it from SSRN, here.


More reading...
For Your Library or Reference Shelf: New Edition of Information Privacy Law Casebooks
December 13, 2011 by Dissent
Privay law prof Daniel Solove has updated versions of some his books out. Over on Concurring Opinions, he writes:
The new edition of my casebook, Information Privacy Law (4th edition) (with Paul M. Schwartz) is hot off the presses. And there’s a new edition of my casebook, Privacy, Information, and Technology (3rd edition) (with Paul M. Schwartz). Copies should be sent out to adopters very soon. If you’re interested in adopting the book and are having any difficulties getting a hold of a copy, please let me know.
You also might be interested in my concise guide to privacy law, also with Paul Schwartz, entitled Privacy Law Fundamentals. This short book was published earlier this year. You can order it on Amazon or via IAPP. It might make for a useful reference tool for students.


There were a number of publishers who took government publications and put their own cover on them … I remember buying a “Small Building Construction” guide that was actually a SeaBee technical manual. Is this kind of the same thing?
"Cory Doctorow has written a Guardian column, 'The pirates of YouTube,' about how multinational copyright-holding companies have laid false claim to public domain videos on YouTube. The videos are posted by the nonprofit FedFlix organization, which liberates public domain government-produced videos and makes them available to the world. These videos were produced at public expense and no one can claim to own them, but multinationals from CBS to Discovery Communications have done just that, getting YouTube to place ads on the video that deliver income to their coffers. What's more, their false copyright claims could lead to the suspension of FedFlix's YouTube account under Google's rules for its copyright policing system. This system, ContentID, sets out penalties for 'repeat offenders' who generate too many copyright claims — but offers no corresponding penalties for rightsholders who make too many false claims of ownership."


Global Warming! Global Warming! Science is difficult. Reporting on science is really difficult.
Greenland 'lurched upward' in 2010 as 100bn tons of ice melted
… Professor Michael Bevis … is lead boffin in charge of a network of groundbased GPS stations placed on bedrock outcrops around the Greenland coast, which were set up to measure rises in the rock as the weight of ice atop it diminishes. The stations were set up when gravity-measuring satellite measurements appeared to show colossal rates of ice loss from Greenland, in the range of 300 billion tons annually.
However the stations showed that the initial satellite calculations had failed to properly estimate the bedrock's rebound, and in fact scientists now think that losses from Greenland are probably more in the range of 100 billion tonnes a year, which might cause a worldwide sea level rise in the order of a quarter of a millimetre annually. [Estimates were off by a factor of three, Bob]
… This doesn't seem to mean anything very significant for sea levels globally, however. Throughout the 20th century (about as long as consistent records have been kept) sea levels rose slowly and steadily at around 1.7mm each year, and they have been rising for tens of thousands of years since the last ice age. Like world temperatures, sea levels vary a lot year to year, so they must be measured over a long period to detect any trend. [So 1.7mm times 10,000 years = 17,000mm or 55.7742782 feet Interesting. How far back has this been happening? And where would sea levels have been then? Bob]
… Various global-warming models and predictions suggest that sea-level rise might accelerate massively in a runaway positive feedback loop if global temperatures climb, and so become a major problem - probably the main reason to worry about global warming, if such massive accelerations in the rate of rise actually occur. However the warming seen in the latter half of the 20th century in fact produced no such acceleration. Indeed recent research indicates that the normal rise of the seas may be slowing down somewhat. [Global Cooling! Global Cooling! Bob]

(Related) A reaction to over-reaction? A recognition of reality?
"Canada will become the first country to formally withdraw from the Kyoto protocol on climate change, dealing a symbolic blow to the troubled global treaty. 'Kyoto, for Canada, is in the past,' says Environment Minister Peter Kent. 'We are invoking our legal right to formally withdraw from Kyoto.' Kent, a Conservative, says the Liberals should not have signed up to a treaty they had no intention of respecting and says Ottawa backs a new global deal to cut emissions of greenhouse gases, but insists it has to cover all nations, including China and India, which are not bound by Kyoto's current targets. Kent adds that meeting Canada's obligations under Kyoto would cost $13.6 billion: 'That's $1,600 from every Canadian family — that's the Kyoto cost to Canadians, that was the legacy of an incompetent liberal government.' Kent's announcement came just hours after negotiators in Durban managed to thrash out an agreement at the very last minute — an agreement to begin a new round of talks on a new agreement in the years ahead. 'Staying under 2C will require drastic, immediate action — with global emissions peaking in the next five years or so,' writes Brad Plummer. 'The Durban Platform, by contrast, merely prods countries to come up with a new agreement that will go into effect no later than 2020.'"


“A billion here, a billion there...”
December 12, 2011
CBO - The U.S. Federal Budget: Infographic
The U.S. Federal Budget: Infographic - December 12, 2011: "The United States is facing significant and fundamental budgetary challenges. The federal government's budget deficit for fiscal year 2011 was $1.3 trillion; at 8.7% of gross domestic product (GDP), that deficit was the third-largest shortfall in the past 40 years. (GDP is the sum of all income earned in the domestic production of goods and services. In 2011, it totaled $15.0 trillion.)"


At last! The original formula for Fig Newtons will be revealed!
December 12, 2011
Cambridge Digital Library - Newton Papers
"Cambridge University Library holds the largest and most important collection of the scientific works of Isaac Newton (1642-1727). We present here an initial selection of Newton's manuscripts, concentrating on his mathematical work in the 1660s. Over the next few months we will be adding further works until the majority of our Newton Papers are available on this site."


A business model for the Information Age? I know a few professors who teach because they would otherwise be bored to death. I even know a few bright students. I wonder if this model could be made to work here?
Accidental Scientist Hawks ‘Online Marketplace for Brains’
Kaggle bills itself an online marketplace for brains. Over 23,000 data scientists are registered with the site, including Ph.D.s spanning 100 countries, 200 universities, and every discipline from computer science, math, and econometrics to physics and biomedical engineering. Companies, governments, and other organizations come to the site with data problems — problems that require the analysis of large amounts of information — and the scientists compete to solve them. Sometimes they compete for prize money, sometimes for pride, and sometimes just for the thrill. “We’re making data science a sport,” reads the site’s tagline.


All of the education sites I read have picked up on this. I wonder why?
YouTube launches schools-friendly video service
YouTube For Schools promises classrooms access to educational videos without the risk of pupils being "distracted by the latest music video or cute cat".
The Google-owned site has put together playlists according to subject matter and intended age level.
… A sister site, YouTube for Teachers, gives advice on how best to use the site for learning.


I grok.
"After twenty years of hard work, the Encyclopedia of Science Fiction website has recently gone live. It's an online database containing thousands of entries for all things Sci-fi, and a great place to read all about your favourite authors, characters, themes, and everything else."

Monday, December 12, 2011


According to Google, this is my 2,000th Blog entry.
Since I only post once a day, that also means I've been at this for 2,000 days (285.714286 weeks, 65.7098224 months, 5.47581853 years). I probably write about 10+ articles every day, so that means I've made 20,000 snarky little comments. To get those articles I probably scan about 200 articles a day via my RSS reader – that means I've read 400,000 articles.
None of this takes into account the years of emails before I started the Blog and the years of actual paper clippings before that.
I still have the dream that someday all of this will make sense...


My kind of Blog post!
Copyright and Your Face
December 11, 2011 by Dissent
A terrific post by Derek Bambauer on PrawfsBlawg begins:
The Federal Trade Commission recently held a workshop on facial recognition technology, such as Facebook’s much-hated system, and its privacy implications. The FTC has promised to come down hard on companies who abuse these capabilities, but privacy advocates are seeking even stronger protections. One proposal raised was to provide people with copyright in their faceprints or facial features. This idea has two demerits: it is unconstitutional, and it is insane. Otherwise, it seems fine.
Go read it. It’s the type of blawging that gives us non-lawyers a better grasp of what the law says and what the legal issues are without a ton of legal terminology.


Since this law is paid for and written by Netflix, the answer is “Gutting It!” Mostly... Of course, tape is no longer the medium...
Updating Video Privacy or Gutting It?
December 11, 2011 by Dissent
Danielle Citron writes:
The video rental business is among a few sectors of the U.S. economy with strong federal limits on the collection and sharing of consumer data. Under the Video Privacy Protection Act, which was passed in 1988, “video tape service providers” generally are not permitted to share a consumer’s video usage information without “the informed, written consent of the consumer given at the time the disclosure is sought.” VPPA also prohibits companies from retaining personal information beyond the period prompting its initial collection. Companies like Blockbuster ran afoul of VPPA by sharing its users’ rental information with social network contacts, without their consent, and by retaining personal information, including credit card numbers, of users who canceled their accounts. In September, Facebook began making it easier for millions of U.S. customers to effortlessly share, via a new timeline, more of their online activities, such as the music they’re enjoying and the articles they’re reading. Left off the timeline: the details of the movies they’re renting–due to VPPA’s requirement that consumers explicitly consent at the time of disclosure. Thus began Netflix’s renewed lobbying efforts to amend VPPA, so that Facebook users could automatically share their Netflix rental activity without requiring their rental-by-rental consent.
Those efforts have begun to pay off.
Read more on Concurring Opinions.


It's not tomorrow, its today. (Health and Politics seem to be the biggest areas of of interest.)
December 11, 2011
Brookings - Ten Facts about Mobile Broadband
Ten Facts about Mobile Broadband, Darrell M. West, Vice President and Director, Governance Studies - December 08, 2011. The Brookings Institution
  • "Mobile broadband is reshaping society, communications, and the global economy. With smart phone usage surpassing that of personal computers, there has been a sea change in the way consumers access and share information. Powerful mobile devices and sophisticated digital applications enable users to build businesses, access financial and health care records, conduct research, and complete transactions anywhere. This revolution in how consumers and businesses access information represents a fundamental turning point in human history. For the first time, people are able to reach the Internet in a relatively inexpensive and convenient manner. Regardless of geographic location, they can use mobile broadband for communications, education, health care, public safety, disaster preparedness, and economic development. In this report, I review ten facts about mobile broadband. I show how the mobile economy is reshaping the global landscape. Both in developed and emerging markets, there are major opportunities to create jobs, and create social and economic connections. With the mobile industry generating $1.3 trillion in revenues, it is important to understand how telephony is affecting the way people relate to one another."

(Related) How can Doctors get the best technology in the shortest time?
iPad: ‘Wild West’ of Medical Apps Seeks Sheriff
Mark Cain got his big break on June 9, 2008. The chief technology officer at a little-known medical software company, MIM Software, Cain was invited onstage at Apple’s Worldwide Developer Conference to promote his company’s iPhone app, a way for doctors to view incredibly detailed scans of their patients.
It was a cool demo of what the iPhone’s great graphics and touchscreen interface could really do. With hordes of international press looking on, Cain moved through a three-dimensional iamge of a human body, toggling between a CT scan and a PET scan.
… But the fun was short lived. Two months after the demo, the U.S. Food and Drug Administration told MIM Software to remove their app from Apple’s store, saying it needed to be cleared for medical use. That process took more than two years. And it cost about $150,000.
But that’s not what bugs Cain. What bothers him is that there are so many other medical imaging apps out there — many of them similar to Mobile MIM — that are being bought and sold without FDA supervision.


It's just a matter of when. (Don't judge the article by the picture. Students are not that ignorant.)
"Students and teachers in grade school through higher education are using the iPad to augment their lessons or to replace textbooks. Jennifer Kohn's third grade class at Millstone Elementary School in Millstone, New Jersey, mastered the iPad with minimal training. For the most part, the students didn't need to be taught how to use their apps, Kohn says. College students are also turning to the iPad to do what they do instinctively well: saving themselves money. Marianne Petit, a New York University staff member, recently began taking credits in pursuit of another certification, and uses her iPad in place of textbooks. 'The price of the iPad pays for itself after a single semester,' Petit said. 'iPad books cost so much less it's a legal alternative for students who are using BitTorent [to pirate books].' Like the PC before it, Kohn noted that the iPad isn't a panacea for educators: It has its appropriate time and place. 'I don't use them with every lesson or even day. It's not always appropriate to lesson or objective of what I'm trying to teach,' Kohn noted."


Something to make my students think! (Sorry for using the “T” word )
December 11, 2011
NYT Timeline Predicting the Future of Computing
Predicting the Future of Computing: "Since no supercomputer can yet predict the future, we need your help. Readers are invited to make predictions and collaboratively edit this timeline, which is divided into three sections: a sampling of past advances, future predictions that you can push forward or backward in time (but not, of course, into the past), and a form for making and voting on predictions. The most prescient prophet might receive an iPad 2 in 2050. But if the past is any guide, this prediction will almost surely be wrong."
  • See also Everyone Speaks Text Message: "For the vast majority of the world, the cellphone, not the Internet, is the coolest available technology. And they are using those phones to text rather than to talk. Though most of the world’s languages have no written form, people are beginning to transliterate their mother tongues into the alphabet of a national language. Now they can text in the language they grew up speaking."


This reminds me of a certain law professor I know...
He Has A (Power)Point


Lots of cool geeky stuff!
… That metaphor also extended to the administration’s proposal for a new education technology agency: ARPA-ED. $90 million was earmarked in the President’s 2012 budget for the new agency, which according to the Department of Education, would fund both private and public research by industry, universities, and other organizations to work on projects such as personalized digital tutors, adaptive learning platforms, and game-based learning (PDF).
… STEM skills are likely to permeate all jobs — we don’t simply need more scientists and engineers; we all need to become technologists. (See Georgetown University’s Center on Education and the Workforce for detailed statistics on jobs, education, and earnings released this year.)
… MIT’s Scratch continued to be a popular choice for introducing young students to programming and computational thinking. Scratch hit a major milestone this year too, with over 2 million Scratch projects uploaded to its community site. Scratch was the inspiration behind Stencyl, a game creation studio for Flash games, that launched this year. Microsoft also released its own game-building tool Kodu to help kids learn to build XBox games, holding its first annual Kodu Cup competition (You can read my interview with the winner, 10-year-old Hannah Wyman here). And while Google’s Android App Inventor gave me a bit of a scare this year when it appeared as though the project was getting the ax with the closure of Google Labs, Google ended up donating App Inventor — the code and the project — to MIT, along with some cash to seed a new Center for Mobile Learning.
2011 wasn’t just a good year for getting kids exposed to software development. There were several exciting new hardware projects too that were aimed at young engineers: Raspberry Pi — a $25 ARM/GNU Linux box. littleBits — snap-together circuit boards. Arduino — open source hardware and software. All of these are meant to provide an affordable and accessible way to learn.
… A number of education/technology startups launched in 2011 aiming to help anyone learn to program: Treehouse, Codecademy, Code Academy, and General Assembly, to name a few.


For my Geeks...
DOWNLOAD Think Different: How To Build Your Own Hackintosh


For my students and my fellow teachers...
Sunday, December 11, 2011
Bookboon is a free service offering free full-length textbooks, travel guides, and business books in digital form. The textbook section of Bookboon offers more than 500 digital textbooks. On Bookboon there are etextbooks available for twenty-five subjects, but the bulk of the etextbooks are focused on Economics, Engineering, and IT. You can browse the title lists to find a book you want or you can search Bookboon by keyword. Bookboon hosts books written in five languages. All of the books are free to download. The only catch is that you have to provide an email address before you can download the books.
Bookboon's books are targeted to university students, but that doesn't mean that some of the books couldn't be used with high school students. And since the books are free it wouldn't hurt to download one that you think might work for your class and use excerpts of it to supplement other materials that you are already using in your classroom.

Sunday, December 11, 2011


A simple illustration. Many organizations are not able to go back to manual processes. e.g. could any company calculate a payroll without the computers?
"The Atlanta Journal Constitution newspaper is reporting that a hospital with campuses in Lawrenceville and Duluth, Georgia turned ambulances away after the discovery of 'a system-wide computer virus that slowed patient registration and other operations.' They're only currently accepting patients with 'dire emergencies.' A spokeswoman for the hospital said the diversion happened because 'it's a trauma center and needs to be able to respond rapidly.' The situation began on Thursday afternoon and is expected to last through the weekend."
[From the article:
Patients were waiting longer at registration on Friday, and the virus also was affecting departments such as the pharmacy, radiology and labs. A system of runners are dealing with a variety of tasks, such as running orders down to the pharmacy or delivering X-rays to doctors


Something to watch. If employees use their computers as they use the phones on their desks (for personal reasons) have they committed a crime?
When Computer Misuse Becomes a Crime
December 10, 2011 by Dissent
Ginny LaRoe has a helpful article on the upcoming rehearing en banc of United States v. Nosal , a Ninth Circuit Court of Appeals case that asks whether violating an employer’s computer use policy is a violation of the Computer Fraud and Abuse Act, a law that started life as an anti-hacking statute.
A few years ago, Bay Area federal prosecutors took up a white-collar case that wasn’t particularly sexy, indicting a handful of employees of an executive recruiting firm who had tapped an internal database to get information to start a competing business. The U.S. attorney’s office quickly cut deals with two of the lower-level employees before indicting its main target, David Nosal, an executive at Korn/Ferry International, charging him and a woman named Becky Christian with a slew of crimes, including trade secret theft.
And they invoked the Computer Fraud and Abuse Act, the 1980s anti-hacking statute.
What started as a routine prosecution stemming from an employment dispute has turned into a heated battle — with national implications — over civil liberties in the digital age. At oral argument on Thursday, an en banc panel of the Ninth Circuit U.S. Court of Appeals will sort out whether the CFAA allows for the federal prosecution of employees who so much as check a ballgame score on a work computer or fib on Facebook in violation of a terms of use agreement.
Read more on Law.com. Nosal’s petition for rehearing en banc can be found here.


Probably not, but interesting to speculate who had the tech skills and why they might want to create a tool like this...
"Despite the U.S. and Israel being widely assumed to be responsible for Stuxnet, Russia is the more likely culprit, says U.S. Air Force cyber analyst. The nuclear gangsterism of the past 20 years gives it plenty of motive. Quoting: 'So what better way to maintain Russian interests, and innocence, than to plant a worm with digital U.S.-Israeli fingerprints? After all, Russian scientists and engineers are familiar with the cascading centrifuges whose numbers and configuration – and Siemen’s SCADA PLC controller schematics – they have full access to by virtue of designing the plants. ... the observers of the virus could alert the Iranians before full nuclear catastrophe struck. The Belarusian computer security experts who 'discovered' the code seemingly played that role well. They didn't seem too preoccupied with reverse engineering the malicious code to see what it was designed to do.'"


When you are on a jury, you can't use social networks for any reason? Is that realistic? I can see a problem with using your smartphone while evidence/arguments are going on, but before or after it should be okay to complain about the coffee...
"The Arkansas Supreme Court had overturned a murder conviction due to a juror tweeting during the trial. Erickson Dimas-Martinez was convicted in 2010 of killing a teenager and was sentenced to death. His lawyers appealed the case on account of a juror tweeting his musings during the trial and because another juror nodded off during the presentation of evidence. Tweets sent include 'The coffee here sucks' and 'Court. Day 5. here we go again.' In an opinion, Associate Justice Donald Corbin wrote 'because of the very nature of Twitter as an... online social media site, Juror 2's tweets about the trial were very much public discussions.' Dimas-Martinez is to be given a new trial."


(Completely unrelated) Is this unexpected given the differing cultures of the users of these technologies?
December 09, 2011
Pew - Twitter and the Campaign
  • "A detailed examination of more than 20 million Tweets about the race for president finds that the political discussion on Twitter is measurably different than the one found in the blogosphere — more voluminous, more fluid and even less neutral. But both forms of social media differ markedly from the political narrative that Americans receive from news coverage, according to a new study by the Pew Research Center’s Project for Excellence in Journalism, which examines campaign coverage and the online conversation from May 2-November 27. One distinguishing factor about the campaign discourse on Twitter is that it is more intensely opinionated, and less neutral, than in both blogs and news. Tweets contain a smaller percentage of statements about candidates that are simply factual in nature without reflecting positively or negatively on a candidate. In general, that means the discourse on Twitter about the candidates has also been more negative."


For my Ethical Hackers
"Can you play an MP3 file? Then you can jailbreak the new Kindle Touch. A new hack was posted this morning that roots the Kindle Touch/K5 and opens the way for future hacks. The hacker also reveals that the K5 runs on HTML5, which should make it a lot easier to come up with new apps. Epub, anyone?"


For my Math students...
Desmos Calculator is a free to use web tool that comes as an app for Google Chrome. The tool’s interface is completely online and loads up once you click on the app’s icon in Chrome. You can choose to plot normal graphs or polar graphs by typing in the equation of your fun ctions. You can also plot sample plots on the graph. You can plot multiple equations on a single graph and choose custom colors for each. Your graphs can be exported to PNG files for sharing.


Yes, it's trivial and useless... What's your point?
Get Your PC Into The Snowy Christmas Spirit With DesktopSnowOK
DesktopSnowOK is an incredibly lightweight, portable, no-installation-required piece of software that can turn your Windows desktop or laptop from summer in Florida to winter in Colorado in just a second.


Geeky stuff
Live USB Install Puts Linux On Your Thumb Drive With Ease
Boot one of over a hundred Linux distros from a USB disk. With Live USB, software you can run on both Windows and Linux computers, it only takes a couple of clicks to make your USB disk a bootable Linux disk. The live CD just might be the most useful tool in any geek’s arsenal – we’ve pointed out 50 uses for live CDs in the past and plan on showing you many more. As time goes on, however, CD drives become less common. That’s why booting from a USB drive is useful: it works on notebooks and other devices without optical drives.
Linux Live USB Creator, a similar program, can help create live USB drives, but it only works on Windows.
… Ready to try this out? If so, head over to the Live USB download page. You’ll find a DEB package there for Ubuntu and source code for other Linux distributions. You’ll also find the Windows download.


Gary Alexander sends something for my Computer Security troops...
January is Data Privacy Month: Free Webinars and Easy Ways to Increase Awareness
During the month of January, EDUCAUSE is expanding on Data Privacy Day to provide an entire month’s worth of activities and resources to help raise data privacy awareness. You can participate by attending the upcoming webinars and creating a plan to increase awareness on your campus with the easy-to-implement suggestions listed below. You can also visit the EDUCAUSE Data Privacy Month page for additional resources and information.