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More examples of judges clueless about technology... and one that gets it

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You post something to a website. Later, you want to remove the post. The site says, "No dice. That post belongs to us, not you." You sue the site, claiming that it is infringing on your copyright on the material you posted.

The court says, "Uh-uh. The site's terms and conditions state that by posting to the site, you gave the company 'an irrevocable, perpetual, fully paid, worldwide exclusive license to use, copy, perform, display and distribute [the post’s contents].'" You counter that you never clicked any "I agree"-type button on the site, so you didn't have notice -- actual or constructive -- of the site's terms.

"Uh-uh," the court says again. You had constructive notice of the terms and conditions because some of the terms appear on the site just above the "Continue" button you have to click before being able to post anything there. That means you had constructive notice of the site's terms and conditions. Those terms transferred the copyright for your post to the site. It's not yours anymore -- it's theirs to do with as they please.

Who reads a site's terms and conditions before they post a comment or other material on the site? Almost nobody. Yet the site can enforce the most one-sided terms and claim you had constructive notice of them, not because the actual terms and conditions were displayed, but only because the phrase "Terms and Conditions" appeared on a page you opened.

This scenario played out in Small Justice LLC, et.al. v. Xcentric Ventures LLC (No. 1:13-cv-11701-DJC (D.Mass.)), as Mikah Miller of Proskauer explains in an April 13, 2015, post on the JD Supra Business Advisor site. The court ruled that the terms and conditions on Xcentric's RipoffReport.com site constituted "browsewrap," which means no action is required by the user to accept the terms other than to continue to use the site.

That's distinguished from "clickwrap," which requires that the user check a box or take some other overt action to accept the terms. Still, the court ruled that by displaying "Terms and Conditions" prominently, the service gave the user constructive notice of the terms, even those terms that were never actually displayed to the user.

It makes me wonder whether Judge Denise Cooper of the District of Massachusetts has read every word of every "terms and conditions" document appearing on every website she's ever visited. That's about what it takes for a site visitor to understand all the consequences of all the actions they may take on the site.

Several years ago, two researchers at Carnegie Mellon University, Lorrie Faith Cranor and Aleecia McDonald, calculated the amount of time required to read all the privacy policies on all the websites you visit in a year. According to their calculations, you would spend 76 eight-hour workdays just reading them. If everyone in the U.S. read every privacy policy they encounter, it would represent 58 billion hours of lost work time, according to the researchers. The Atlantic's Alexis C. Madigral wrote about the study results in a March 1, 2012, article.

Hey, Judge Cooper, which world exactly is the court in which you preside located?

If you opened this email, you now have constructive notice that the material you upload to a site may no longer belong to you. You are on notice even if you never read a word of this message. (I won't take it personally -- I know how busy you are.)

Not all sites are as grabby as the defendant in the above case Xcentric Ventures and RipoffReport.com. For example, Facebook's Statement of Rights and Responsibilities states that "[y]ou own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings." However, you give Facebook "a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License)."

That license lasts until you delete the material, unless the material "has been shared with others, and they have not deleted it." Of course, sharing content is what Facebook is all about, so most such licenses will never expire. If you stick with Facebook's default privacy and application settings -- which nearly all Facebook users do -- the company's license to your photos and posts is, in effect, perpetual. You may "own" it, but Facebook is free to use it as the company sees fit, including the ability to license it to a third party without any compensation to you. Sweet deal for Facebook, eh?

Web video services can share your personal info without any restrictions

You stream AMC's "Walking Dead" from AMC's website. AMC collects your identity and a record of the shows you watch, then it shares the information on Facebook -- without your consent. The Video Privacy Protection Act prohibits video providers from disclosing personal information about their customers or their viewing habits without the customers' written consent.

Has AMC violated the Video Privacy Protection Act? No, says U.S. District Court Judge Naomi Reice Buchwald of New York. Why not? Because the plaintiff didn't have an "ongoing relationship" with AMC, according to the court's ruling that dismissed the suit. MediaPost's Wendy Davis writes about the decision in an April 13, 2015, article.

The judge stated in her decision that the plaintiff didn't pay to watch the video, didn't have to register, didn't have to download a player or any other software to watch the video, and didn't take any other action that would associate her with AMC. Therefore, no relationship. Yet the plaintiff had enough of a relationship with AMC to allow the company to collect and share the plaintiff's personal information: I know who you are, I know what you watch, I share it with a third party without your consent, yet I haven't violated the Video Privacy Protection Act because we don't have a relationship. Could you run that by me one more time, Judge Buchwald?

Three other video sites have won similar disclosure-without-consent cases, albeit for different reasons. Hulu got off the hook because the judge found the plaintiffs couldn't prove that Hulu knew the "like" button could transmit information about the plaintiffs to Facebook. (Wha?) The Cartoon Network and Dow Jones prevailed because the courts ruled that combining device identifiers with viewing history doesn't qualify as personal information. This despite the fact that it is trivially easy for a third party to convert a device ID into a person's name.

Hey, judges. What you do online? It's personal. Not private -- definitely not private -- but personal.

Defaming someone in a blog post doesn't establish defendant's 'minimum contacts'

You're a scientist in California who publishes research criticizing the efficacy of a Texas company's skin-care products. An Illinois-based consultant for the skin-care company participates in a "campaign of harassment" against you and your partner scientist that includes false claims. Among the false claims are that you lost your medical license, you were charged with domestic violence, and you used multiple Social Security numbers.

You sue the company, its CEO, and the "highly compensated" consultant for defamation in a California court. The consultant files a motion to quash for lack of personal jurisdiction. The trial court and court of appeals both deny the motion. However, the California court reconsiders following the U.S. Supreme Court’s decision in Walden v. Fiore, 134 S. Ct. 1115 (2014), which found that personal jurisdiction cannot be based solely on where the "effects" of the defendant's tortious actions were felt.

Erika Graves of Sedgwick LLP examines the decision in an April 16, 2015, article on the JD Supra Business Advisor site. The standard for finding personal jurisdiction in defamation cases has been Calder v. Jones, 465 U.S. 783 (1984): Were the defendant's actions "expressly aimed" at the forum, which was the "focal point" of the harm? In Walden, the DEA seized money in Georgia from a Nevada resident. The plaintiff asserted that the harm of the false affidavit leading to the seizure was felt in Nevada, where he sued. The court ruled the defendant lacked jurisdiction in Nevada because the defendant's actions must create a substantial connection to the forum state. The connection cannot be based solely the effects of those actions.

The burden is on the plaintiff to show the defendant's actions were targeted specifically at the forum state, not merely that the defendant knew the effects of the actions would be felt in the forum state.

What a 19th century concept.

On the Internet, it rarely matters where a person is physically located. The effect of the person's Internet actions on a specific physical location matters even less. This is an example of a court rule being rendered nonsensical in the Internet Age. Personal jurisdiction is becoming a vestigial limb that in fact can hinder the cause of justice more than it facilitates it.

By burdening the plaintiff in a defamation case to sue in the defendant's jurisdiction, the courts are discouraging potential defamation plaintiffs. Does this give people the right to defame with impunity others who happen to be located far away, so long as the defamation isn't targeted at the jurisdiction itself? C'mon, courts. You can do better than that.

One court that got it right: Hands off our contact lists!

Phone apps love to get ahold of your contacts. Some are so anxious to collect the names, addresses, phone numbers, email addresses, and other contact information that they don't bother asking for your permission before helping themselves to the list.

The U.S. District Court for the Northern District of California ruled in Marc Opperman v. Path, Inc., Case No. 13-cv-00453-JST (2015), that the plaintiffs in the putative class action may proceed with their claims against Apple. The plaintiffs allege that Apple allowed app developers and social-media companies to access the contact lists stored on iDevices without first getting the users' permission. Apple thus misrepresented its security policies to the plaintiffs, according to their suit. Sally Albertazzie of Steptoe & Johnson LLP writes about the court's ruling in a short April 4, 2015, post on Lexology.

The court also allowed the plaintiffs to pursue invasion of privacy claims against Electronic Arts, Foursquare, Instagram, Path, Twitter, and Yelp, which the plaintiffs charge with misappropriating "highly personal and private" information stored on the plaintiffs' iDevices.

There's another important issue involved in the indiscriminant sharing of contact lists. If someone has your information in their contacts and they choose to share the information with a third party, you have no control over how the information will be used and who it will be shared with. Contact information is pure gold to companies that make their money by selling to third parties what they know about you. These days, nearly every organization you come into contact with is retaining, reusing, and likely reselling what they learn about you -- what you share with them explicitly, and what they collect about you without your express knowledge or informed consent.

They may not even bother to thank you for sharing. Companies may be more forthcoming about what personal information they collect if the consequences of not doing so without express permission hurt their bottom line. Until then, they'll keep snooping, collecting, and selling what they know about you to the highest bidder -- without so much as a "by your leave."

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          • Excuse me while I duck and cover, March 1, 2018
          • We're running out of words, February 7, 2018
          • Help fight information pollution, January 31, 2018
          • Another great reason to celebrate the life of Martin Luther King Jr., January 17, 2018
          • Bye-bye, Fourth Amendment: Spy agencies feed tips to law enforcement, January 10, 2018
          • Bring virtue to the internet by keeping trackers at bay, January 3, 2018
          • Time to let others do the talking, December 6, 2017
          • Our front-row seat for the crashing and burning of the internet, November 29, 2017
          • YouTube: Unsafe for all ages, November 8, 2017
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          • Unreported news story: 'Algorithmic takeover' of journalism, September 27, 2017
          • The door slams shut on the open internet, September 22, 2017
          • In business and government, the bullies are calling the shots, September 6, 2017
          • There's no stopping tech giants' surveillance for profit, August 30, 2017
          • That was the week that was, 2017 revival, August 16, 2017
          • Internet Media 101: The bigger the lie, the greater the profit, August 3, 2017
          • Cyber-crimestoppers: How individuals and companies help nab internet crooks, July 26, 2017
          • A free press: The antidote to authoritarianism, July 19, 2017
          • We're in the midst of the third American Civil War, and democracy is losing, July 5, 2017
          • Pleas for civility meet with... incivility, but that's okay, June 21, 2017
          • The price we pay for unbridled digital surveillance, June 14, 2017
          • Privacy protections may form the basis of antitrust actions against internet giants, June 7, 2017
          • Applying Fourth Amendment search protections to data in the cloud, May 24, 2017
          • Just when you thought you couldn't be tracked any closer..., May 17, 2017
          • Facebook addiction turns users into marketing guinea pigs, May 10, 2017
          • America: A tale of two countries, May 3, 2017
          • The internet: Destroyer of truth, justice, and the American Way, April 26, 2017
          • The death and ultimate rebirth of the public internet, April 19, 2017
          • An internet dinosaur spits in extinction's eye, April 12, 2017
          • Trust Busters 2.0: Dismantling modern monopolies, April 5, 2017
          • Gig economy changes what it means to be an 'employee,' March 8, 2017
          • Privacy: There's just no percentage in it, March 1, 2017
          • The Rough Beast's lies indicate his intentions - Just like the Nazis, December 6, 2016
          • Government phone searches: Return of the 'general warrant', November 29, 2016
          • You can't hide from facial-recognition systems - Or can you? November 16, 2016
          • No consent needed for ISPs to scan email and create ad-targeting profiles of non-customers, August 30, 2016
          • Supreme Court throws 'fruit of the poisonous tree' doctrine under the bus, August 16, 2016
          • Silly questions: Who 'owns' video captured by police? And is Facebook really 'privacy-enhancing'? August 2, 2016
          • It's official: No expectation of privacy on the internet, June 28, 2016
          • How to wrest control of our government away from corporations, June 21, 2016
          • The fight against privacy smashers continues, June 14, 2016
          • Publishers are losing the battle against their ad-blocking visitors - so what's next? May 31, 2016
          • Tech companies resist government attempts to broaden definition of 'personal information', May 25, 2016
          • Privacy threats on parade, May 17, 2016
          • Government goes dark as private lives are exposed, May 10, 2016
          • The great online-advertising swindle, May 3, 2016
          • Modern news media: Too big not to fail? April 26, 2016
          • Internet Confidential: How to establish a privacy right on the public Internet, April 20, 2016
          • The new browser wars: Thou shalt not block our ads and trackers, April 13, 2016
          • FCC to regulate ISP data collection, but Google, Facebook off the hook, April 6, 2016
          • How we lose ourselves in private data collection, March 15, 2016
          • People tracking is about to get even creepier, March 8, 2016
          • Silicon Valley's long-standing connections to the U.S. government, March 2, 2016
          • How to build the future of work, February 24, 2016
          • Why it's a bad idea to trust private companies with the job of protecting our rights, February 16, 2016
          • Your Internet life is an open book: The dark side of online-ad profiling, February 9, 2016
          • Why don't Americans care as much about their privacy as Europeans do? February 2, 2016
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          • The appropriate response to living in a surveillance state: Ignore it, December 22, 2015 >
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            • Welcome to the Age of 'Existential Despair', November 10, 2015
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          • It's time to get serious about prosecuting Internet threats, June 23, 2015
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          • Legal shorts, May 5, 2015
          • Legal shorts, April 28, 2015
          • More examples of judges clueless about technology... and one that gets it, April 21, 2015
          • Legal shorts: April 7, 2015
          • Legal shorts, March 31, 2015
          • Legal shorts: March 24, 2015
          • Privacy, Inc.: Welcome to the personal-information marketplace, March 3, 2015
          • Legal shorts: February 24, 2015
          • What would George Washington think of his country now? February 16, 2015 >
            • Lobbyists thrive by building relationships with lawmakers, February 17, 2015
            • On the fast track to American fascism, February 17, 2015
            • The one Senator who's speaking truth to power, February 17, 2015
            • Fight terrorism by fighting its source: Corruption, February 17, 2015
            • Anonymous users: Your ISP may ID you on demand -- and not even tell you, February 17, 2015
          • Legal shorts: February 10, 2015
          • What's the best way to fix the broken U.S. political system? February 3, 2015
          • The battle against data thieves heats up, January 20, 2015
          • 'The Interview' and 'I Can't Breathe': Connecting the dots, December 29, 2014
          • Cyberwar? Fuhgeddabouddit! There are plenty more serious threats to fret over, December 16, 2014
          • Trading privacy for the public good, November 18, 2014
          • Deregulating the legal profession: Only a matter of time, October 6, 2014
          • Internet companies' transparency reports indicate trademark abuse is on the rise, September 25, 2014
          • Google patent infringement: The proof's in the Post-its?, August 25, 2014
          • Most data breaches are the result of weak or stolen credentials, August 18, 2014
          • The best government money -- lots and lots of money -- can buy, August 11, 2014
          • Have 'money addicts' taken over our political system?, August 11, 2014 >
            • Part 2: Money and political power, August 11, 2014
            • Part 3: A contrived distinction between 'venal' and 'systematic' corruption, August 11, 2014
            • Part 4: Fear of political corruption trumps government economic regulation, August 11, 2014
            • Part 5: Investment-oriented political contributions boost the bottom line, August 11, 2014
            • Part 6: Case study: Corporate political corruption, 19th-century style, August 11, 2014
          • Corporate ownership of the U.S. political process, August 11, 2014 >
            • Part 2: Party perpetuation trumps service to the constituency, August 11, 2014
            • Part 3: Party loyalty trumps independent thought, August 11, 2014
            • Part 4: The roots of corporate 'personhood,' August 11, 2014
            • Part 5: Is political corruption actually on the rise? Who knows?, August 11, 2014
          • It all depends on who's doing the surveilling -- and why, July 28, 2014
          • Be careful what you comment -- it might get you sued, July 19, 2014
          • Supreme Court: You can patent software, but only if it's 'transformative,' June 21, 2014
          • Privacy Manifesto
        • Privacy Tips >
          • Privacy infographic-palooza, January 24, 2018 >
            • Data Collection on Consumers infographic
            • How Companies Identify People
            • PayPal Data Sharing
            • Data Collection Guidelines for Businesses
            • What Does It Mean to Be a Success?
          • Could artificial intelligence give the tech industry a heart and save us from capitalism run amok? December 21, 2017
          • Your email use is being tracked, and not just by marketers and spammers, December 13, 2017
          • Your location location location means money money money for trackers, November 16, 2017
          • Addiction by design: Don't let tech products run your life, October 19, 2017
          • Essential internet privacy tips, 2017 edition
          • The best response to the Equifax breach: Don't deal with Equifax, September 13, 2017
          • How to deter 'fingerprint' trackers from identifying your computers and devices, August 23, 2017
          • Find the internet security level that's right for your needs, August 9, 2017
          • A novel concept: Let consumers decide which personal data to share with trackers, July 12, 2017
          • Keep online trackers at bay without breaking a sweat, June 28, 2017
          • Privacy tips for the most vulnerable: Children and seniors, May 31, 2017
          • Simple, free ways to lock down your private data, March 29, 2017
          • Let big data benefit consumers, not marketers, March 22, 2017t
          • Practical security preparations for the worst-case scenario, December 13, 2016
          • Before the deluge: Spend your attention wisely, November 23, 2016
          • The 'consumer boycott' of web advertising is gaining momentum, November 8, 2016
          • Encryption: It's not just for banking anymore, November 1, 2016
          • A call to action: Stop the surveillance - by web services, apps, October 25, 2016
          • Web ad networks are malware authors' best friends, October 18, 2016
          • Privacy is becoming fashionable - Yippee! October 11, 2016
          • How do we bridge the growing media and political divides? October 4, 2016 >
            • Pew Center Research chart: Political bias of news organizations
          • Safety essentials: 10-step security revisited, 11 years later
          • Simple ways to limit the private information you surrender on the web, September 20, 2016
          • Top 10 reasons why people hate listicles - and yes, this is a joke headline, September 13, 2016
          • Why internet voting is a terrible idea, September 6, 2016
          • The web is broken - Guess who's trying to fix it? August 23, 2016
          • Dragging the online trackers - kicking and screaming - into the light of day, August 9, 2016
          • Five questions, no answers, March 29, 2016
          • How to fix the Internet: Ratchet down the anonymity, lose the ads, March 23, 2016
          • 2016: The first social-media election, March 2, 2016
          • The end is near for passwords (not really), February 24, 2016
          • New fronts open in the battle against privacy-invading online ads, January 26, 2016
          • Fifteen ways to stay safe on the Internet, January 19, 2016
          • Prepare for the inevitable theft of your personal information, January 13, 2016
          • Separating the bitcoin hype from the blockchain substance, December 17, 2015 >
            • Shorts for December 17, 2015: Trump's legal ineptitude, and eight ways the world is getting better
          • Consumers may be ready to pay for an ad-free, tracking-free Internet, November 18, 2015
          • Get ready for the Attention Economy, November 4, 2015
          • Tech shorts, October 27, 2015
          • How to find a reliable network speed test, May 2, 2014
          • Facial recognition ushers in the Age of Surveillance, October 13, 2015 >
            • Tech Short for October 13, 2015: ID by face + social profile
          • Fantasy sports gambling finally gets scrutinized, October 6, 2015 >
            • Tech shorts, October 6, 2015
          • Google, Android, ads, and a tech titan's revenge, September 29, 2015
          • How to fix problems caused by Apple's flaky iTunes updates, September 23, 2015 >
            • Tech shorts, September 22, 2015
          • Tech shorts, September 15, 2015
          • Three simple ways to improve your privacy, September 8, 2015
          • Use your free Google Voice number to make and receive phone calls, September 1, 2015
          • Coming soon: A more trustworthy form of encryption, July 28, 2015 >
            • Tech shorts, July 28, 2015
          • Protect yourself while browsing by enabling click to play, July 21, 2015 >
            • Tech short, July 21, 2015: Computers now tie emotions to facial expressions
          • Everyday Windows 10 users become beta testers for the Enterprise Edition, June 30, 2015 >
            • Tech shorts, June 30, 2015
          • Tech shorts, June 16, 2015
          • The five-minute Facebook security checkup, June 2, 2015
          • When ads attack: Web ad networks battle the blockers, May 26, 2015
          • Flying the furious skies: How to stay sane on a commercial flight, May 19, 2015 >
            • Tech shorts, May 19, 2015
          • Online shopping tips: Put differential pricing to work for you, May 12, 2015 >
            • Tech shorts, May 12, 2015
          • We're sitting on a big-data gold mine, May 5, 2015
          • The case against web encryption, Title II designation for ISPs, April 28, 2015 >
            • Tech shorts, April 28, 2015
          • Tech shorts, April 21, 2015
          • Should all web traffic be encrypted? April 14, 2015 >
            • Anonymous Internet Map, April 14, 2015
          • More reasons why you need to block web ads, April 7, 2015 >
            • Tech shorts: April 7, 2015
          • Web 3.0 returns control of personal information to users, March 31, 2015
          • Passwords are about to get some much-needed assistance -- from your body, March 24, 2015
          • An unexpected visit from the Karma Police, March 17, 2015
          • Three views of the future that are certain to curl your hair, March 10, 2015
          • The tricks of the malware trade: Don't take the bait! February 24, 2015
          • How to ruin your life in 140 characters or fewer, February 17, 2015
          • Browse better with these three essential freebies (plus one valuable cheapie), February 10, 2015 >
            • Tech shorts: February 10, 2015
          • Why you should care about your loss of privacy, January 27, 2015
          • How to combat hate and harassment on the Internet, January 13, 2015
          • Beat ransomware by saving your files to the cloud, January 6, 2015
          • Five fantastic Web freebies, December 9, 2014
          • How Google, Facebook, and Twitter make billions by offering 'free' services, December 2, 2014
          • Telephone tech-support scams are on the rise, November 24, 2014
          • Tor breach shows there's no such thing as Internet anonymity, November 11, 2014 >
            • Hackers owned Home Depot's networks for five months, November 11, 2014
            • Another call for a nationwide breach-notification law, November 11, 2014
          • Comcast battles Netflix, and everybody loses, November 4, 2014
          • Sexting has become part of growing up (gulp!), October 28, 2014
          • Quick, simple fixes for everyday tech glitches, October 21, 2014
          • Battle of the behemoths: Facebook ad network takes on Google, October 14, 2014
          • Instant access to all your recent files, October 6, 2014
          • iPhone's new Medical ID feature could save your life, September 29, 2014
          • Now you can really lock your phone, September 22, 2014
          • Facebook auto-play videos eat up mobile data allotments, September 15, 2014
          • Three free browser add-ons protect against cyber-crime, September 9, 2014
          • Control which iPhone apps are allowed to stay 'active' when they're off, August 25, 2014
          • The best browser you're probably not using, August 4, 2014
          • Never pay for software again (almost), July 14, 2014 >
            • Best free alternatives to top-selling software, July 11, 2011
          • The pros and cons of cloud computing, July 14, 2014 >
            • Three approaches to free encrypted online storage, June 23, 2009
            • Future-proof your data archive, December 30, 2010
            • Ten simple, common-sense security tips, October 9, 2012
          • Browser security settings you gotta change, June 24, 2014 >
            • Beef up Chrome's security, June 24, 2014
            • Batten down the hatches in Firefox, June 24, 2014
            • Enable Internet Explorer's privacy and security features, June 24, 2014
          • Online advertising dangers, June 10, 2014 >
            • U.S. Senate: Self-regulation of online ad networks isn't working, June 10, 2014
            • Free browser extensions give ads the boot, June 10, 2014
            • Claim a property interest in your personal information, June 10, 2014
            • A micropayment alternative to privacy-sucking ads, June 10, 2014
          • Great people make great sites, May 30, 2014
          • Three free privacy add-ons for Firefox and Chrome, May 20, 2014 >
            • Three essential security add-ons for Firefox, Chrome, and IE, May 7, 2013 >
              • How to improve security in Firefox, Chrome, and IE, May 6, 2013
            • Disable third-party cookies in IE, Firefox, and Google Chrome, March 14, 2011 >
              • Add 'do not track' to Firefox, IE, Google Chrome, December 7, 2010
              • Five great Firefox privacy add-ons, July 14, 2010
          • Remove metadata from Office files, PDFs, and images, May 16, 2014
          • Make folders private in Windows 8.1, May 9, 2014 >
            • Enable Vista's hidden administrator, and password-protect its XP equivalent, February 13, 2008
            • How to secure your PC in 10 easy steps, November 15, 2011 >
              • Three approaches to free encrypted online storage, June 23, 2009
              • Amazon Cloud Drive and Box.net go toe-to-toe, April 5, 2011
              • Free VPN service helps keep public Wi-Fi safe, February 14, 2011
              • How to prevent identity theft, September 13, 2011
            • Free utility finds unwanted programs uninstallers miss, February 24, 2014
          • Malware authors target Android phones, May 13, 2014
          • Secure your Facebook account in six easy steps, September 23, 2013
          • How to find the positive in negative comments, April 30, 2014
          • The 'I hate passwords' guide, April 29, 2014
          • Protect your device from malicious ads, April 10, 2014
          • Five ways to save a Web page, September 26, 2011
          • Five essential Windows 8.1 time-saving tweaks, February 3, 2014
          • Best free sites for learning how to write code, December 12, 2013
        • Software Intellectual Property Protections, August 16, 2014 >
          • Introduction: It's a Software World
          • 1. Trademark >
            • a. Registration
            • b. Trademark requirements
            • c. Lanham Act: 15 U.S.C. §§ 1051-1053 and 15 U.S.C. § 1125(a) (a.k.a. § 43(a)) >
              • 1. Distinguish from patent protection
              • 2. Distinguish from copyright protection
              • 3. Trademark-infringement elements >
                • A. Confusion
                • B. Designation of origin
                • C. Famous and distinctive
            • d. Infringement criteria
          • 2. Trade Secrets >
            • a. Uniform Trade Secrets Act
            • b. Software protected by trade secrets
            • c. Limitations on trade-secret protections >
              • 1. Secret and valuable
              • 2. Described with particularity
              • 3. Software trade secrets and patents: Conflicting or complementary?
          • 3. Copyright >
            • a. History of software copyright statute
            • b. Assembling the pieces of the software-copyright jigsaw puzzle >
              • 1. Two types of source code: Declaring and implementing
              • 2. Originality requirement
              • 3. Merger doctrine
              • 4. Abstraction-filtration-comparison test
              • 5. Short phrases
              • 6. Scenes a faire doctrine
              • 7. Structure, sequence, and organization of the Java APIs
              • 8. Interoperability as it relates to copyrightability
              • 9. Fair use
              • 10. Copyright protections vs. patent protections for software
          • 4. Patent >
            • a. U.S. Constitution Article 1 § 8 >
              • 1. In terms of patent law, software is special
              • 2. Software innovations are clearly patentable
            • b. 35 U.S. Code § 101 >
              • 1. Alice Corp. v. CLS Bank International: Procedural history
              • 2. Test for patentability of abstract ideas: Implicit exception to exclusion
            • c. 35 U.S. Code § 102 - Conditions for patentability; novelty, prior art >
              • 1. Section 102(a)'s "known or used" determination (prior art)
              • 2. Section 102(b)'s "on sale" and "disclosure" determinations
              • 3. Section 102(g)'s "abandoned, suppressed, or concealed" determination
            • d. 35 U.S. Code § 103 Conditions for patentability: non-obvious subject matter
            • e. 35 U.S. Code § 112: Specification >
              • 1. Claim construction
              • 2. Doctrine of equivalents and rule of prosecution history estoppel
          • Conclusion
          • Table of Cases
        • Reclaim your personal information
  • Cloud Computing
    • Five tips for protecting cloud data from internal threats
    • What does the future hold for DBAs?
    • Busted: 10 Big Data Myths Exploded
    • Is the cloud ready for speech APIs?
    • From machine learning to super clouds: Competing visions of cloud 2.0
    • Two great reasons for making your cloud data location aware
    • The most common cloud migration mistakes
    • How to prepare for the next cloud outage
    • The new shadow IT: Custom applications in the cloud
    • Drawbacks of running containers on bare-metal servers
    • How to reduce latency in public clouds
    • Mastering the art of container management
    • Hybrid Clouds: Here to stay, or stop-gaps to enterprise cloud?
    • How zero-trust security makes VMs more efficient
    • Ultimate virtualization: The end of infrastructure
    • 21 best orchestration tools for MSPs
    • Cloud governance: The key to effectively scaling your cloud
    • Update or rewrite? A cloud-application perspective
    • New views into cloud application performance
    • Multicloud vs. hybrid cloud
  • The Stories So Far....
    • Story
    • O'Jitterys Catch a Movie, October 27, 2015
  • Mandolinoleum
  • About
  • workersedge
    • The Weekly >
      • The Weeklies >
        • Excuse me while I duck and cover, March 1, 2018
        • We're running out of words, February 7, 2018
        • Help fight information pollution, January 31, 2018
        • Privacy infographic-palooza, January 24, 2018
        • Another great reason to celebrate the life of Martin Luther King Jr., January 17, 2018
        • Bye-bye, Fourth Amendment: Spy agencies feed tips to law enforcement, January 10, 2018
        • Bring virtue to the internet by keeping trackers at bay, January 3, 2018
        • Could artificial intelligence give the tech industry a heart and save us from capitalism run amok? December 21, 2017
        • Your email use is being tracked, and not just by marketers and spammers, December 13, 2017
        • Time to let others do the talking, December 6, 2017
        • Our front-row seat for the crashing and burning of the internet, November 29, 2017
        • Your location location location means money money money for trackers, November 16, 2017
        • YouTube: Unsafe for all ages, November 8, 2017
        • Birthday wishes, November 2, 2017
        • That Weekly when everything was pretty good, or at least not so bad, October 25, 2017
        • Addiction by design: Don't let tech products run your life, October 19, 2017
        • Essential internet privacy tips, 2017 edition
        • Unreported news story: 'Algorithmic takeover' of journalism, September 27, 2017
        • The door slams shut on the open internet, September 22, 2017
        • The best response to the Equifax breach: Don't deal with Equifax, September 13, 2017
        • In business and government, the bullies are calling the shots, September 6, 2017
        • There's no stopping tech giants' surveillance for profit, August 30, 2017
        • How to deter 'fingerprint' trackers from identifying your computers and devices, August 23, 2017
        • That was the week that was, 2017 revival, August 16, 2017
        • Find the internet security level that's right for your needs, August 9, 2017
        • Internet Media 101: The bigger the lie, the greater the profit, August 3, 2017
        • Cyber-crimestoppers: How individuals and companies help nab internet crooks, July 26, 2017
        • A free press: The antidote to authoritarianism, July 19, 2017
        • A novel concept: Let consumers decide which personal data to share with trackers, July 12, 2017
        • We're in the midst of the third American Civil War, and democracy is losing, July 5, 2017
        • Keep online trackers at bay without breaking a sweat, June 28, 2017
        • Pleas for civility meet with... incivility, but that's okay, June 21, 2017
        • The price we pay for unbridled digital surveillance, June 14, 2017
        • Privacy protections may form the basis of antitrust actions against internet giants, June 7, 2017
        • Privacy tips for the most vulnerable: Children and seniors, May 31, 2017
        • Applying Fourth Amendment search protections to data in the cloud, May 24, 2017
        • Just when you thought you couldn't be tracked any closer..., May 17, 2017
        • Facebook addiction turns users into marketing guinea pigs, May 10, 2017
        • America: A tale of two countries, May 3, 2017
        • The internet: Destroyer of truth, justice, and the American Way, April 26, 2017
        • The death and ultimate rebirth of the public internet, April 19, 2017
        • An internet dinosaur spits in extinction's eye, April 12, 2017
        • Trust Busters 2.0: Dismantling modern monopolies, April 5, 2017
        • Simple, free ways to lock down your private data, March 29, 2017
        • Let big data benefit consumers, not marketers, March 22, 2017t
        • Gig economy changes what it means to be an 'employee,' March 8, 2017
        • Privacy: There's just no percentage in it, March 1, 2017
        • Practical security preparations for the worst-case scenario, December 13, 2016
        • The Rough Beast's lies indicate his intentions - Just like the Nazis, December 6, 2016
        • Government phone searches: Return of the 'general warrant', November 29, 2016
        • Before the deluge: Spend your attention wisely, November 23, 2016
        • You can't hide from facial-recognition systems - Or can you? November 16, 2016
        • The 'consumer boycott' of web advertising is gaining momentum, November 8, 2016
        • Encryption: It's not just for banking anymore, November 1, 2016
        • A call to action: Stop the surveillance - by web services, apps, October 25, 2016
        • Web ad networks are malware authors' best friends, October 18, 2016
        • Privacy is becoming fashionable - Yippee! October 11, 2016
        • How do we bridge the growing media and political divides? October 4, 2016
        • Safety essentials: 10-step security revisited, 11 years later
        • Simple ways to limit the private information you surrender on the web, September 20, 2016
        • Top 10 reasons why people hate listicles - and yes, this is a joke headline, September 13, 2016
        • Why internet voting is a terrible idea, September 6, 2016
        • No consent needed for ISPs to scan email and create ad-targeting profiles of non-customers, August 30, 2016
        • The web is broken - Guess who's trying to fix it? August 23, 2016
        • Supreme Court throws 'fruit of the poisonous tree' doctrine under the bus, August 16, 2016
        • Dragging the online trackers - kicking and screaming - into the light of day, August 9, 2016
        • Silly questions: Who 'owns' video captured by police? And is Facebook really 'privacy-enhancing'? August 2, 2016
        • It's official: No expectation of privacy on the internet, June 28, 2016
        • How to wrest control of our government away from corporations, June 21, 2016
        • The fight against privacy smashers continues, June 14, 2016
        • Publishers are losing the battle against their ad-blocking visitors - so what's next? May 31, 2016
        • Tech companies resist government attempts to broaden definition of 'personal information', May 25, 2016
        • Privacy threats on parade, May 17, 2016
        • Government goes dark as private lives are exposed, May 10, 2016
        • The great online-advertising swindle, May 3, 2016
        • Modern news media: Too big not to fail? April 26, 2016
        • Internet Confidential: How to establish a privacy right on the public Internet, April 20, 2016
        • The new browser wars: Thou shalt not block our ads and trackers, April 13, 2016
        • FCC to regulate ISP data collection, but Google, Facebook off the hook, April 6, 2016
        • Five questions, no answers, March 29, 2016
        • How to fix the Internet: Ratchet down the anonymity, lose the ads, March 23, 2016
        • How we lose ourselves in private data collection, March 15, 2016
        • People tracking is about to get even creepier, March 8, 2016
        • Silicon Valley's long-standing connections to the U.S. government, March 2, 2016
        • 2016: The first social-media election, March 2, 2016
        • How to build the future of work, February 24, 2016
        • Why it's a bad idea to trust private companies with the job of protecting our rights, February 16, 2016
        • Your Internet life is an open book: The dark side of online-ad profiling, February 9, 2016
        • Why don't Americans care as much about their privacy as Europeans do? February 2, 2016
        • New fronts open in the battle against privacy-invading online ads, January 26, 2016
        • Fifteen ways to stay safe on the Internet, January 19, 2016
        • Prepare for the inevitable theft of your personal information, January 13, 2016
        • 'Hey, gang, let's put on a government!', January 5, 2016
        • The appropriate response to living in a surveillance state: Ignore it, December 22, 2015 >
          • Legal shorts for December 22, 2015
        • Separating the bitcoin hype from the blockchain substance, December 17, 2015 >
          • Shorts for December 17, 2015: Trump's legal ineptitude, and eight ways the world is getting better
        • Re-reinterpreting our constitutional right to bear arms, December 10, 2015
        • How open data can help save the world, December 2, 2015
        • Consumers may be ready to pay for an ad-free, tracking-free Internet, November 18, 2015
        • Fair use stages a comeback: New protections against copyright abuse, November 10, 2015
        • Welcome to the Age of 'Existential Despair', November 10, 2015
        • Get ready for the Attention Economy, November 4, 2015
        • O'Jitterys Catch a Movie, October 27, 2015 >
          • Tech shorts, October 27, 2015
        • Do we have a right to know what they know about us?, October 20, 2015
        • Facial recognition ushers in the Age of Surveillance, October 13, 2015 >
          • Tech Short, October 13, 2015: ID by face + social profile
          • Legal Short, October 13, 2015: GOP mega-donor sues Mother Jones, loses, sort of
        • Fantasy sports gambling finally gets scrutinized, October 6, 2015 >
          • Tech shorts, October 6, 2015
        • Google, Android, ads, and a tech titan's revenge, September 29, 2015 >
          • Legal shorts, September 29, 2015
        • How to fix problems caused by Apple's flaky iTunes updates, September 23, 2015 >
          • Tech shorts, September 22, 2015
        • Campaign 2016: Where's the love? September 15, 2015 >
          • Tech shorts, September 15, 2015
          • Legal shorts, September 15, 2015
        • Three simple ways to improve your privacy, September 8, 2015
        • Use your free Google Voice number to make and receive phone calls, September 1, 2015
        • Reclaiming our government starts with universal Internet access, August 25, 2015
        • Upon further review, times three, August 4, 2015 >
          • Shorts for August 4, 2015
        • Coming soon: A more trustworthy form of encryption, July 28, 2015 >
          • Tech shorts, July 28, 2015
        • Protect yourself while browsing by enabling click to play, July 21, 2015 >
          • Tech short, July 21, 2015: Computers now tie emotions to facial expressions
        • The connection between poverty, hunger, and obesity, July 14, 2015 >
          • Shorts for July 14, 2015
        • A long-overdue turning of the political tide, July 7, 2015
        • Obamacare: A misstep in the right direction, July 7, 2015
        • Everyday Windows 10 users become beta testers for the Enterprise Edition, June 30, 2015 >
          • Tech shorts, June 30, 2015
        • Obamacare decision imposes limits on executive power, June 30, 2015
        • It's time to get serious about prosecuting Internet threats, June 23, 2015
        • Worst. Supreme. Court. Ever. June 16, 2015 >
          • Tech shorts, June 16, 2015
        • Five indications that we are currently between regimes, June 9, 2015
        • The five-minute Facebook security checkup, June 2, 2015 >
          • Legal shorts, June 2, 2015
        • When ads attack: Web ad networks battle the blockers, May 26, 2015
        • Flying the furious skies: How to stay sane on a commercial flight, May 19, 2015 >
          • Tech shorts, May 19, 2015
        • Online shopping tips: Put differential pricing to work for you, May 12, 2015 >
          • Tech shorts, May 12, 2015
          • Legal shorts, May 12, 2015
        • We're sitting on a big-data gold mine, May 5, 2015 >
          • Legal shorts, May 5, 2015
        • The case against web encryption, Title II designation for ISPs, April 28, 2015 >
          • Tech shorts, April 28, 2015
          • Legal shorts, April 28, 2015
        • More examples of judges clueless about technology... and one that gets it, April 21, 2015 >
          • Tech shorts, April 21, 2015
        • Should all web traffic be encrypted? April 14, 2015 >
          • Anonymous Internet Map, April 14, 2015
        • More reasons why you need to block web ads, April 7, 2015 >
          • Tech shorts: April 7, 2015
          • Legal shorts: April 7, 2015
        • Web 3.0 returns control of personal information to users, March 31, 2015
        • Passwords are about to get some much-needed assistance -- from your body, March 24, 2015
        • An unexpected visit from the Karma Police, March 17, 2015
        • Three views of the future that are certain to curl your hair, March 10, 2015
        • Privacy, Inc.: Welcome to the personal-information marketplace, March 3, 2015
        • The tricks of the malware trade: Don't take the bait! February 24, 2015
        • How to ruin your life in 140 characters or fewer, February 17, 2015
        • Browse better with these three essential freebies (plus one valuable cheapie), February 10, 2015 >
          • Tech shorts: February 10, 2015
        • What's the best way to fix the broken U.S. political system? February 3, 2015
        • Why you should care about your loss of privacy, January 27, 2015
        • The battle against data thieves heats up, January 20, 2015
        • How to combat hate and harassment on the Internet, January 13, 2015
        • Beat ransomware by saving your files to the cloud, January 6, 2015
        • 'The Interview' and 'I Can't Breathe': Connecting the dots, December 29, 2014
        • Cyberwar? Fuhgeddabouddit! There are plenty more serious threats to fret over, December 16, 2014
        • Five fantastic Web freebies, December 9, 2014
        • How Google, Facebook, and Twitter make billions by offering 'free' services, December 2, 2014
        • Telephone tech-support scams are on the rise, November 24, 2014
        • Trading privacy for the public good, November 18, 2014
        • Tor breach shows there's no such thing as Internet anonymity, November 11, 2014 >
          • Hackers owned Home Depot's networks for five months, November 11, 2014
          • Another call for a nationwide breach-notification law, November 11, 2014
        • Comcast battles Netflix, and everybody loses, November 4, 2014
        • Sexting has become part of growing up (gulp!), October 28, 2014
        • Quick, simple fixes for everyday tech glitches, October 21, 2014
        • Battle of the behemoths: Facebook ad network takes on Google, October 14, 2014
        • Instant access to all your recent files, October 6, 2014
        • iPhone's new Medical ID feature could save your life, September 29, 2014
        • Now you can really lock your phone, September 22, 2014
        • Facebook auto-play videos eat up mobile data allotments, September 15, 2014
        • Three free browser add-ons protect against cyber-crime, September 9, 2014
        • Manslaughter conviction expunged after worker dies in baling machine, August 25, 2014 >
          • Google patent infringement: The proof's in the Post-its?, August 25, 2014
          • Control which iPhone apps are allowed to stay 'active' when they're off, August 25, 2014
          • Weekly What? August 25, 2014 >
            • No more 'Like' gates to view content, get rewards, August 25, 2014
            • FTC goes after a company that lost customer data, company cries 'Foul!', August 25, 2014
            • A mobile phone company releases customer data -- and it's a good thing, August 25, 2014
            • Clickless approvals don't qualify as 'reasonable notice' for terms of service, August 25, 2014
            • Baby steps closer to authentication that doesn't rely on passwords, August 25, 2014
        • Most data breaches are the result of weak or stolen credentials, August 18, 2014
        • The best government money -- lots and lots of money -- can buy, August 11, 2014
        • The best browser you're probably not using, August 4, 2014
        • It all depends on who's doing the surveilling -- and why, July 28, 2014
        • Be careful what you comment -- it might get you sued, July 19, 2014
        • Never pay for software again (almost) Plus: The pros and cons of cloud computing, July 14, 2014
        • Mind that download! Free phone apps deliver malware, July 7, 2014
        • How to build the future of work, February 24, 2016
        • The end is near for passwords (not really), February 24, 2016
        • Facebook's latest shenanigans, July 1, 2014
      • Privacy Weeklies >
        • The Weeklies >
          • Excuse me while I duck and cover, March 1, 2018
          • We're running out of words, February 7, 2018
          • Help fight information pollution, January 31, 2018
          • Another great reason to celebrate the life of Martin Luther King Jr., January 17, 2018
          • Bye-bye, Fourth Amendment: Spy agencies feed tips to law enforcement, January 10, 2018
          • Bring virtue to the internet by keeping trackers at bay, January 3, 2018
          • Time to let others do the talking, December 6, 2017
          • Our front-row seat for the crashing and burning of the internet, November 29, 2017
          • YouTube: Unsafe for all ages, November 8, 2017
          • Birthday wishes, November 2, 2017
          • That Weekly when everything was pretty good, or at least not so bad, October 25, 2017
          • Unreported news story: 'Algorithmic takeover' of journalism, September 27, 2017
          • The door slams shut on the open internet, September 22, 2017
          • In business and government, the bullies are calling the shots, September 6, 2017
          • There's no stopping tech giants' surveillance for profit, August 30, 2017
          • That was the week that was, 2017 revival, August 16, 2017
          • Internet Media 101: The bigger the lie, the greater the profit, August 3, 2017
          • Cyber-crimestoppers: How individuals and companies help nab internet crooks, July 26, 2017
          • A free press: The antidote to authoritarianism, July 19, 2017
          • We're in the midst of the third American Civil War, and democracy is losing, July 5, 2017
          • Pleas for civility meet with... incivility, but that's okay, June 21, 2017
          • The price we pay for unbridled digital surveillance, June 14, 2017
          • Privacy protections may form the basis of antitrust actions against internet giants, June 7, 2017
          • Applying Fourth Amendment search protections to data in the cloud, May 24, 2017
          • Just when you thought you couldn't be tracked any closer..., May 17, 2017
          • Facebook addiction turns users into marketing guinea pigs, May 10, 2017
          • America: A tale of two countries, May 3, 2017
          • The internet: Destroyer of truth, justice, and the American Way, April 26, 2017
          • The death and ultimate rebirth of the public internet, April 19, 2017
          • An internet dinosaur spits in extinction's eye, April 12, 2017
          • Trust Busters 2.0: Dismantling modern monopolies, April 5, 2017
          • Gig economy changes what it means to be an 'employee,' March 8, 2017
          • Privacy: There's just no percentage in it, March 1, 2017
          • The Rough Beast's lies indicate his intentions - Just like the Nazis, December 6, 2016
          • Government phone searches: Return of the 'general warrant', November 29, 2016
          • You can't hide from facial-recognition systems - Or can you? November 16, 2016
          • No consent needed for ISPs to scan email and create ad-targeting profiles of non-customers, August 30, 2016
          • Supreme Court throws 'fruit of the poisonous tree' doctrine under the bus, August 16, 2016
          • Silly questions: Who 'owns' video captured by police? And is Facebook really 'privacy-enhancing'? August 2, 2016
          • It's official: No expectation of privacy on the internet, June 28, 2016
          • How to wrest control of our government away from corporations, June 21, 2016
          • The fight against privacy smashers continues, June 14, 2016
          • Publishers are losing the battle against their ad-blocking visitors - so what's next? May 31, 2016
          • Tech companies resist government attempts to broaden definition of 'personal information', May 25, 2016
          • Privacy threats on parade, May 17, 2016
          • Government goes dark as private lives are exposed, May 10, 2016
          • The great online-advertising swindle, May 3, 2016
          • Modern news media: Too big not to fail? April 26, 2016
          • Internet Confidential: How to establish a privacy right on the public Internet, April 20, 2016
          • The new browser wars: Thou shalt not block our ads and trackers, April 13, 2016
          • FCC to regulate ISP data collection, but Google, Facebook off the hook, April 6, 2016
          • How we lose ourselves in private data collection, March 15, 2016
          • People tracking is about to get even creepier, March 8, 2016
          • Silicon Valley's long-standing connections to the U.S. government, March 2, 2016
          • How to build the future of work, February 24, 2016
          • Why it's a bad idea to trust private companies with the job of protecting our rights, February 16, 2016
          • Your Internet life is an open book: The dark side of online-ad profiling, February 9, 2016
          • Why don't Americans care as much about their privacy as Europeans do? February 2, 2016
          • 'Hey, gang, let's put on a government!', January 5, 2016
          • The appropriate response to living in a surveillance state: Ignore it, December 22, 2015 >
            • Legal shorts for December 22, 2015
          • Re-reinterpreting our constitutional right to bear arms, December 10, 2015
          • How open data can help save the world, December 2, 2015
          • Fair use stages a comeback: New protections against copyright abuse, November 10, 2015 >
            • Welcome to the Age of 'Existential Despair', November 10, 2015
          • Do we have a right to know what they know about us?, October 20, 2015
          • Legal shorts, September 29, 2015
          • Campaign 2016: Where's the love? September 15, 2015 >
            • Legal shorts, September 15, 2015
          • Reclaiming our government starts with universal Internet access, August 25, 2015
          • Upon further review, times three, August 4, 2015 >
            • Shorts for August 4, 2015
          • The connection between poverty, hunger, and obesity, July 14, 2015 >
            • Shorts for July 14, 2015
          • A long-overdue turning of the political tide, July 7, 2015
          • Obamacare: A misstep in the right direction, July 7, 2015
          • Obamacare decision imposes limits on executive power, June 30, 2015
          • It's time to get serious about prosecuting Internet threats, June 23, 2015
          • Worst. Supreme. Court. Ever. June 16, 2015
          • Five indications that we are currently between regimes, June 9, 2015
          • Legal shorts, June 2, 2015
          • Legal shorts, May 12, 2015
          • Legal shorts, May 5, 2015
          • Legal shorts, April 28, 2015
          • More examples of judges clueless about technology... and one that gets it, April 21, 2015
          • Legal shorts: April 7, 2015
          • Legal shorts, March 31, 2015
          • Legal shorts: March 24, 2015
          • Privacy, Inc.: Welcome to the personal-information marketplace, March 3, 2015
          • Legal shorts: February 24, 2015
          • What would George Washington think of his country now? February 16, 2015 >
            • Lobbyists thrive by building relationships with lawmakers, February 17, 2015
            • On the fast track to American fascism, February 17, 2015
            • The one Senator who's speaking truth to power, February 17, 2015
            • Fight terrorism by fighting its source: Corruption, February 17, 2015
            • Anonymous users: Your ISP may ID you on demand -- and not even tell you, February 17, 2015
          • Legal shorts: February 10, 2015
          • What's the best way to fix the broken U.S. political system? February 3, 2015
          • The battle against data thieves heats up, January 20, 2015
          • 'The Interview' and 'I Can't Breathe': Connecting the dots, December 29, 2014
          • Cyberwar? Fuhgeddabouddit! There are plenty more serious threats to fret over, December 16, 2014
          • Trading privacy for the public good, November 18, 2014
          • Deregulating the legal profession: Only a matter of time, October 6, 2014
          • Internet companies' transparency reports indicate trademark abuse is on the rise, September 25, 2014
          • Google patent infringement: The proof's in the Post-its?, August 25, 2014
          • Most data breaches are the result of weak or stolen credentials, August 18, 2014
          • The best government money -- lots and lots of money -- can buy, August 11, 2014
          • Have 'money addicts' taken over our political system?, August 11, 2014 >
            • Part 2: Money and political power, August 11, 2014
            • Part 3: A contrived distinction between 'venal' and 'systematic' corruption, August 11, 2014
            • Part 4: Fear of political corruption trumps government economic regulation, August 11, 2014
            • Part 5: Investment-oriented political contributions boost the bottom line, August 11, 2014
            • Part 6: Case study: Corporate political corruption, 19th-century style, August 11, 2014
          • Corporate ownership of the U.S. political process, August 11, 2014 >
            • Part 2: Party perpetuation trumps service to the constituency, August 11, 2014
            • Part 3: Party loyalty trumps independent thought, August 11, 2014
            • Part 4: The roots of corporate 'personhood,' August 11, 2014
            • Part 5: Is political corruption actually on the rise? Who knows?, August 11, 2014
          • It all depends on who's doing the surveilling -- and why, July 28, 2014
          • Be careful what you comment -- it might get you sued, July 19, 2014
          • Supreme Court: You can patent software, but only if it's 'transformative,' June 21, 2014
          • Privacy Manifesto
        • Privacy Tips >
          • Privacy infographic-palooza, January 24, 2018 >
            • Data Collection on Consumers infographic
            • How Companies Identify People
            • PayPal Data Sharing
            • Data Collection Guidelines for Businesses
            • What Does It Mean to Be a Success?
          • Could artificial intelligence give the tech industry a heart and save us from capitalism run amok? December 21, 2017
          • Your email use is being tracked, and not just by marketers and spammers, December 13, 2017
          • Your location location location means money money money for trackers, November 16, 2017
          • Addiction by design: Don't let tech products run your life, October 19, 2017
          • Essential internet privacy tips, 2017 edition
          • The best response to the Equifax breach: Don't deal with Equifax, September 13, 2017
          • How to deter 'fingerprint' trackers from identifying your computers and devices, August 23, 2017
          • Find the internet security level that's right for your needs, August 9, 2017
          • A novel concept: Let consumers decide which personal data to share with trackers, July 12, 2017
          • Keep online trackers at bay without breaking a sweat, June 28, 2017
          • Privacy tips for the most vulnerable: Children and seniors, May 31, 2017
          • Simple, free ways to lock down your private data, March 29, 2017
          • Let big data benefit consumers, not marketers, March 22, 2017t
          • Practical security preparations for the worst-case scenario, December 13, 2016
          • Before the deluge: Spend your attention wisely, November 23, 2016
          • The 'consumer boycott' of web advertising is gaining momentum, November 8, 2016
          • Encryption: It's not just for banking anymore, November 1, 2016
          • A call to action: Stop the surveillance - by web services, apps, October 25, 2016
          • Web ad networks are malware authors' best friends, October 18, 2016
          • Privacy is becoming fashionable - Yippee! October 11, 2016
          • How do we bridge the growing media and political divides? October 4, 2016 >
            • Pew Center Research chart: Political bias of news organizations
          • Safety essentials: 10-step security revisited, 11 years later
          • Simple ways to limit the private information you surrender on the web, September 20, 2016
          • Top 10 reasons why people hate listicles - and yes, this is a joke headline, September 13, 2016
          • Why internet voting is a terrible idea, September 6, 2016
          • The web is broken - Guess who's trying to fix it? August 23, 2016
          • Dragging the online trackers - kicking and screaming - into the light of day, August 9, 2016
          • Five questions, no answers, March 29, 2016
          • How to fix the Internet: Ratchet down the anonymity, lose the ads, March 23, 2016
          • 2016: The first social-media election, March 2, 2016
          • The end is near for passwords (not really), February 24, 2016
          • New fronts open in the battle against privacy-invading online ads, January 26, 2016
          • Fifteen ways to stay safe on the Internet, January 19, 2016
          • Prepare for the inevitable theft of your personal information, January 13, 2016
          • Separating the bitcoin hype from the blockchain substance, December 17, 2015 >
            • Shorts for December 17, 2015: Trump's legal ineptitude, and eight ways the world is getting better
          • Consumers may be ready to pay for an ad-free, tracking-free Internet, November 18, 2015
          • Get ready for the Attention Economy, November 4, 2015
          • Tech shorts, October 27, 2015
          • How to find a reliable network speed test, May 2, 2014
          • Facial recognition ushers in the Age of Surveillance, October 13, 2015 >
            • Tech Short for October 13, 2015: ID by face + social profile
          • Fantasy sports gambling finally gets scrutinized, October 6, 2015 >
            • Tech shorts, October 6, 2015
          • Google, Android, ads, and a tech titan's revenge, September 29, 2015
          • How to fix problems caused by Apple's flaky iTunes updates, September 23, 2015 >
            • Tech shorts, September 22, 2015
          • Tech shorts, September 15, 2015
          • Three simple ways to improve your privacy, September 8, 2015
          • Use your free Google Voice number to make and receive phone calls, September 1, 2015
          • Coming soon: A more trustworthy form of encryption, July 28, 2015 >
            • Tech shorts, July 28, 2015
          • Protect yourself while browsing by enabling click to play, July 21, 2015 >
            • Tech short, July 21, 2015: Computers now tie emotions to facial expressions
          • Everyday Windows 10 users become beta testers for the Enterprise Edition, June 30, 2015 >
            • Tech shorts, June 30, 2015
          • Tech shorts, June 16, 2015
          • The five-minute Facebook security checkup, June 2, 2015
          • When ads attack: Web ad networks battle the blockers, May 26, 2015
          • Flying the furious skies: How to stay sane on a commercial flight, May 19, 2015 >
            • Tech shorts, May 19, 2015
          • Online shopping tips: Put differential pricing to work for you, May 12, 2015 >
            • Tech shorts, May 12, 2015
          • We're sitting on a big-data gold mine, May 5, 2015
          • The case against web encryption, Title II designation for ISPs, April 28, 2015 >
            • Tech shorts, April 28, 2015
          • Tech shorts, April 21, 2015
          • Should all web traffic be encrypted? April 14, 2015 >
            • Anonymous Internet Map, April 14, 2015
          • More reasons why you need to block web ads, April 7, 2015 >
            • Tech shorts: April 7, 2015
          • Web 3.0 returns control of personal information to users, March 31, 2015
          • Passwords are about to get some much-needed assistance -- from your body, March 24, 2015
          • An unexpected visit from the Karma Police, March 17, 2015
          • Three views of the future that are certain to curl your hair, March 10, 2015
          • The tricks of the malware trade: Don't take the bait! February 24, 2015
          • How to ruin your life in 140 characters or fewer, February 17, 2015
          • Browse better with these three essential freebies (plus one valuable cheapie), February 10, 2015 >
            • Tech shorts: February 10, 2015
          • Why you should care about your loss of privacy, January 27, 2015
          • How to combat hate and harassment on the Internet, January 13, 2015
          • Beat ransomware by saving your files to the cloud, January 6, 2015
          • Five fantastic Web freebies, December 9, 2014
          • How Google, Facebook, and Twitter make billions by offering 'free' services, December 2, 2014
          • Telephone tech-support scams are on the rise, November 24, 2014
          • Tor breach shows there's no such thing as Internet anonymity, November 11, 2014 >
            • Hackers owned Home Depot's networks for five months, November 11, 2014
            • Another call for a nationwide breach-notification law, November 11, 2014
          • Comcast battles Netflix, and everybody loses, November 4, 2014
          • Sexting has become part of growing up (gulp!), October 28, 2014
          • Quick, simple fixes for everyday tech glitches, October 21, 2014
          • Battle of the behemoths: Facebook ad network takes on Google, October 14, 2014
          • Instant access to all your recent files, October 6, 2014
          • iPhone's new Medical ID feature could save your life, September 29, 2014
          • Now you can really lock your phone, September 22, 2014
          • Facebook auto-play videos eat up mobile data allotments, September 15, 2014
          • Three free browser add-ons protect against cyber-crime, September 9, 2014
          • Control which iPhone apps are allowed to stay 'active' when they're off, August 25, 2014
          • The best browser you're probably not using, August 4, 2014
          • Never pay for software again (almost), July 14, 2014 >
            • Best free alternatives to top-selling software, July 11, 2011
          • The pros and cons of cloud computing, July 14, 2014 >
            • Three approaches to free encrypted online storage, June 23, 2009
            • Future-proof your data archive, December 30, 2010
            • Ten simple, common-sense security tips, October 9, 2012
          • Browser security settings you gotta change, June 24, 2014 >
            • Beef up Chrome's security, June 24, 2014
            • Batten down the hatches in Firefox, June 24, 2014
            • Enable Internet Explorer's privacy and security features, June 24, 2014
          • Online advertising dangers, June 10, 2014 >
            • U.S. Senate: Self-regulation of online ad networks isn't working, June 10, 2014
            • Free browser extensions give ads the boot, June 10, 2014
            • Claim a property interest in your personal information, June 10, 2014
            • A micropayment alternative to privacy-sucking ads, June 10, 2014
          • Great people make great sites, May 30, 2014
          • Three free privacy add-ons for Firefox and Chrome, May 20, 2014 >
            • Three essential security add-ons for Firefox, Chrome, and IE, May 7, 2013 >
              • How to improve security in Firefox, Chrome, and IE, May 6, 2013
            • Disable third-party cookies in IE, Firefox, and Google Chrome, March 14, 2011 >
              • Add 'do not track' to Firefox, IE, Google Chrome, December 7, 2010
              • Five great Firefox privacy add-ons, July 14, 2010
          • Remove metadata from Office files, PDFs, and images, May 16, 2014
          • Make folders private in Windows 8.1, May 9, 2014 >
            • Enable Vista's hidden administrator, and password-protect its XP equivalent, February 13, 2008
            • How to secure your PC in 10 easy steps, November 15, 2011 >
              • Three approaches to free encrypted online storage, June 23, 2009
              • Amazon Cloud Drive and Box.net go toe-to-toe, April 5, 2011
              • Free VPN service helps keep public Wi-Fi safe, February 14, 2011
              • How to prevent identity theft, September 13, 2011
            • Free utility finds unwanted programs uninstallers miss, February 24, 2014
          • Malware authors target Android phones, May 13, 2014
          • Secure your Facebook account in six easy steps, September 23, 2013
          • How to find the positive in negative comments, April 30, 2014
          • The 'I hate passwords' guide, April 29, 2014
          • Protect your device from malicious ads, April 10, 2014
          • Five ways to save a Web page, September 26, 2011
          • Five essential Windows 8.1 time-saving tweaks, February 3, 2014
          • Best free sites for learning how to write code, December 12, 2013
        • Software Intellectual Property Protections, August 16, 2014 >
          • Introduction: It's a Software World
          • 1. Trademark >
            • a. Registration
            • b. Trademark requirements
            • c. Lanham Act: 15 U.S.C. §§ 1051-1053 and 15 U.S.C. § 1125(a) (a.k.a. § 43(a)) >
              • 1. Distinguish from patent protection
              • 2. Distinguish from copyright protection
              • 3. Trademark-infringement elements >
                • A. Confusion
                • B. Designation of origin
                • C. Famous and distinctive
            • d. Infringement criteria
          • 2. Trade Secrets >
            • a. Uniform Trade Secrets Act
            • b. Software protected by trade secrets
            • c. Limitations on trade-secret protections >
              • 1. Secret and valuable
              • 2. Described with particularity
              • 3. Software trade secrets and patents: Conflicting or complementary?
          • 3. Copyright >
            • a. History of software copyright statute
            • b. Assembling the pieces of the software-copyright jigsaw puzzle >
              • 1. Two types of source code: Declaring and implementing
              • 2. Originality requirement
              • 3. Merger doctrine
              • 4. Abstraction-filtration-comparison test
              • 5. Short phrases
              • 6. Scenes a faire doctrine
              • 7. Structure, sequence, and organization of the Java APIs
              • 8. Interoperability as it relates to copyrightability
              • 9. Fair use
              • 10. Copyright protections vs. patent protections for software
          • 4. Patent >
            • a. U.S. Constitution Article 1 § 8 >
              • 1. In terms of patent law, software is special
              • 2. Software innovations are clearly patentable
            • b. 35 U.S. Code § 101 >
              • 1. Alice Corp. v. CLS Bank International: Procedural history
              • 2. Test for patentability of abstract ideas: Implicit exception to exclusion
            • c. 35 U.S. Code § 102 - Conditions for patentability; novelty, prior art >
              • 1. Section 102(a)'s "known or used" determination (prior art)
              • 2. Section 102(b)'s "on sale" and "disclosure" determinations
              • 3. Section 102(g)'s "abandoned, suppressed, or concealed" determination
            • d. 35 U.S. Code § 103 Conditions for patentability: non-obvious subject matter
            • e. 35 U.S. Code § 112: Specification >
              • 1. Claim construction
              • 2. Doctrine of equivalents and rule of prosecution history estoppel
          • Conclusion
          • Table of Cases
        • Reclaim your personal information
  • Cloud Computing
    • Five tips for protecting cloud data from internal threats
    • What does the future hold for DBAs?
    • Busted: 10 Big Data Myths Exploded
    • Is the cloud ready for speech APIs?
    • From machine learning to super clouds: Competing visions of cloud 2.0
    • Two great reasons for making your cloud data location aware
    • The most common cloud migration mistakes
    • How to prepare for the next cloud outage
    • The new shadow IT: Custom applications in the cloud
    • Drawbacks of running containers on bare-metal servers
    • How to reduce latency in public clouds
    • Mastering the art of container management
    • Hybrid Clouds: Here to stay, or stop-gaps to enterprise cloud?
    • How zero-trust security makes VMs more efficient
    • Ultimate virtualization: The end of infrastructure
    • 21 best orchestration tools for MSPs
    • Cloud governance: The key to effectively scaling your cloud
    • Update or rewrite? A cloud-application perspective
    • New views into cloud application performance
    • Multicloud vs. hybrid cloud
  • The Stories So Far....
    • Story
    • O'Jitterys Catch a Movie, October 27, 2015
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