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No consent needed for ISPs to scan email and create ad-targeting profiles of non-customers

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Most times, judges get it right, or at least right enough. Sometimes, judges get it wrong. When that happens, you can only hope that the next time the issue is contested in court, that adjudicator shows better judgment.

The most recent example of a ruling that flies in the face of logic and fairness is one issued by U.S. District Court Judge Lucy H. Koh of the Northern California District. As Ars Technica’s David Kravets writes in post dated today, Judge Koh recently approved the proposed settlement in the class-action suit In re Yahoo Mail Litigants (13-cv-04980-LHK, N.D. Cal. Jun 08, 2015; pdf). The decision awards the lawyers representing the plaintiffs $4 million, while the four named plaintiffs receive $5000 each. The other class members get nothing.

They don’t even get the satisfaction of knowing the contents of the email they send to and receive from people who use Yahoo’s mail services will no longer be scanned, a practice that the plaintiffs claim violates the California Invasion of Privacy Act (CIPA). Judge Koh’s decision requires only that Yahoo scan the email while it is at rest on Yahoo’s servers rather than while the messages are in transit. According to Judge Koh, this restriction allows the practice to comply with CIPA.

The upshot is that Yahoo can still scan the contents of messages sent to and received by non-Yahoo customers to Yahoo Mail addresses, but they have to wait until the messages arrive at Yahoo mail servers. This delays the process and costs Yahoo some money to implement, but it does nothing to protect the privacy of non-Yahoo customers who never granted the company permission to scan their email, whether in transit or in situ.

Next up on the email-scanning docket: Google

As Ars Technica’s Kravets points out, the ruling in In re Yahoo Mail Litigants may affect another case pending in Judge Koh’s court: Matera v. Google Inc., (15-cv-04062-LHK, N.D. Cal. Aug 12, 2016; pdf). pdpEcho’s Gabriela Zanfir provides extensive background and analysis of the case in an August 20, 2016, article. Zanfir was reacting to Koh’s denial of Google’s motion to dismiss based on the merits of the plaintiff’s case.

An earlier case making similar claims against Google’s scanning of email sent by non-Google customers to Gmail addressees was dismissed because the court ruled the plaintiffs did not establish a “class.” In Matera, the class of plaintiffs allege that Google scans email for two purposes: to target ads to the message senders or recipients; and to create user profiles to “advance Google’s profit interests,” according to the plaintiffs’ filing.

Issue number one: Is scanning the content of emails for the purpose of targeting ads at the sender and receiver “ordinary course of business,” as Google claims, and thus an exception to the Wiretap Act (18 U.S. Code § 2511)? The court ruled that the exceptions apply only to activities that are directly related to the provision of the underlying service, which in this case is email. Thus scanning the content of the email is not directly related to the service’s primary activity of delivering email and is not excepted from the Wiretap Act.

Google claims that targeted advertising is required to generate the revenue that pays for the service, thus it is a necessary business practice. The company also includes targeted advertising in the category of “routine and legitimate commercial behavior.” Zanfir points out that the court found otherwise and further ruled that “it is untenable for electronic communication service providers to ‘self-define’ the scope of their exemption from Wiretap Act liability.”

Also, the court pointed out that Google doesn’t scan email sent via Google Apps for Education because doing so would violate prohibitions against creating user profiles of underage students for purposes that include serving them targeted ads. (In a May 5, 2015, post I described how Google was creating profiles of students using GAFE in violation of the Family Educational Rights and Privacy Act.)

Issue number two: Does California’s Invasion of Privacy Act apply to email? Google claims the act doesn’t apply to new technologies in general. The court disagrees, finding that the California Supreme Court has ruled that when faced with two possible interpretations of CIPA, it applies the interpretation that “provides the greatest level of privacy protection.”

More broadly, in Apple Inc. v. Superior Court, 56 Cal. 4th 128 at 137 (2013), the court ruled the following:

“Fidelity to legislative intent does not ‘make it impossible to apply a legal text to technologies that did not exist when the text was created’…. Drafters of every era know that technological advances will proceed apace and that the rules they create will one day apply to all sorts of circumstances they could not possibly envision.”

Section 630 of the California Penal Code makes the legislature’s intention crystal clear:

“The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society.”

Section 631 of the Code makes a party liable if the person “reads, or attempts to read or to learn the contents or meaning of any message, report or communication while the same is in transit or passing over any wire, line or cable, or is being sent from or received at any place within this state.” In Matera, the court cites two other cases in its district that applied Section 631 to “electronic communications similar to email”: In re Facebook Internet Tracking Litigants, 140 F. Supp. 3d at 936 (2015); and Campbell v. Facebook Inc., 77 F. Supp. 3d at 836 (2014).

Considering that Zanfir previously worked for the European Data Protection Supervisor in Brussels, Belgium, it’s understandable that she would take a decidedly European Union perspective on the practice of scanning the contents of email and creating user profiles based on the scan results. For her and other Europeans involved in privacy protection, the issue is whether scanning email and profiling users for marketing purposes infringe on our fundamental rights to privacy and to protection of our personal information.

For an increasing number of courts and regulators, the answer is a resounding “yes.”

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Six slick click picks (say it three times real fast)

There’s so much going on right now, it won’t all fit in a single Weekly. If you’ve got the time, check out these links.

The private surveillance industry is going gangbusters, but what’s not so clear is what’s happening with all that surveillance video these for-profit companies are collecting. As TechCrunch’s Devin Coldewey writes in an August 29, 2016, article, a company called Persistent Surveillance worked with the Baltimore Police Department to conduct aerial surveillance on the entire city using high-resolution cameras.

Because Persistent Surveillance is a private company, there are questions about transparency, disclosure, and availability of the resulting video by defendants in criminal cases. That’s not to mention Stingray interception of cell phone calls, facial-recognition databases, encryption back doors, and other surveillance being done without our knowledge or consent. As Ziegler writes, the issue isn’t the surveillance itself, which many people would consent to if asked. The true issue is that “[w]e are being deceived systematically and deliberately.”

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Artificial intelligence systems are destined to perpetuate existing human biases. That’s the conclusion of Princeton University researchers Arvind Narayanan, Aylin Caliskan-Islam and Joanna Bryson, who recently released a draft paper titled Semantics derived automatically from language corpora necessarily contain human biases.

The researchers used a technique called word embeddings to map similar words near each other in a “300-dimensional vector space.” Then the researchers look for human biases in the word relationships by using the Implicit Association Test that qualifies words as pleasant or unpleasant, names by ethnicity, and other subjective measures. An egregious example of the language bias is the association of specific professions with one gender or the other.

The researchers conclude that the language bias is so pervasive, an AI system will require a separate unbiasing system to neutralize the effect. In fact, such a system could be modeled on the human ability to learn not to act on implicit biases. A much more difficult task is removing the biases from humans altogether. These days, that seems near impossible, but never say never.

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In the April 26, 2016, Weekly I wrote about the FCC’s new restrictions on ISP use of their customers’ private data, noting that Facebook, Google, and other big web services got a much undeserved pass. Harvard Law School’s Laurence Tribe took the FCC to task in a speech he made to the Media Institute on July 21, 2016 (pdf). The Hill’s David Blato reports on the speech in an August 24, 2016, post on the Congress Blog.

According to Tribe, the FCC’s patchwork of privacy regulations is an affront to not one, not two, but three fundamental Constitutional rights: First Amendment freedom of speech, Fourth Amendment freedom from unwarranted searches, and Fifth Amendment equal protection guarantees. Other than that, no problem.

Tribe stated that the FCC proposal is “a nakedly anti-consumer measure, rather than a pro-privacy measure, and it can’t survive First Amendment scrutiny.” The professor is definitely not sold on the value of opt-ins, saying they’re “not worth the cost”:

“Doing so for the small percentage of likely affirmative responses will simply be too expensive to be worthwhile. The result will be artificial inefficiencies introduced into the flow of truthful and valuable information, and thus an unnecessary blockage to the free flow of that information. And that’s exactly the result the FCC rule I’ve been discussing would inevitably yield.”

The consensus of the experts on the tech side and the legal side is that the FCC go back to the drawing board, and this time, put the interests of consumers first. Oh, and issuing rules that don’t violate the Constitution would be nice, too.

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Last week’s Weekly described efforts by the creator of the web, Sir Tim Berners-Lee, and others to return the network to its decentralized roots. In an August 28, 2016, article, the Guardian’s John Naughton writes that by praising Sir Tim on the 25th anniversary of the Web last week, Facebook founder Mark Zuckerberg raised the bar on hypocrisy to stratospheric levels. In his congratulatory message, Zuckerberg thanked Berners-Lee “and other Internet pioneers for making the world more open and connected.”

So the guy who built the biggest walls in the history of the “open” web congratulates the guy who intended the web to be wall-less. Chutzpah.

By the way, Sir Tim has no idea why August 23, 1991, is celebrated as the web’s birthday. He believes the World Wide Web dates back to a proposal he made to his employer, CERN, in 1989. Personally, I think the web is stuck in the unruly-teenager stage.

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I don’t believe in much, but what I do firmly and solemnly avow is the rule of law. That’s why what’s happening right now in the Philippines is so distressing to me. An essay in the August 13, 2016, issue of The Economist highlights the ultimate futility of such extrajudicial activities: “[I]t will lead only to more misery.”

“Mr Duterte would have the world believe that the Philippines’ corrupt and ineffective police have suddenly become omniscient—able to tell innocence from guilt and decide who may live and who should die…. [E]xtrajudicial violence resolves nothing and makes everything worse. Innocent people will be killed…. The rule of law will erode. Investors, who have made the Philippines one of globalisation’s winners in recent years, will flee. The only winners will be the still-lurking insurgents. Mr Duterte’s ill-conceived war on drugs will make the Philippines poorer and more violent.”

I would remind Mr. Duterte that a fish stinks from the head. If you really want to address corruption and lawlessness, start at the top.

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Finally, the Caselaw Access Project is an effort by the Harvard Law School Library to make more state and federal court decisions available for free online. The project began in 2013 as “Free the Law.” I like the original name better, but a rose by any other. Adam Ziegler writes about the effort in an August 8, 2016, post on the Harvard Law School Library blog.

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          • 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....
  • 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....
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