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Privacy, Inc.: Welcome to the personal-information marketplace

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Democracy requires privacy: privacy in our actions, privacy in our thoughts. 

Without privacy, there is no First Amendment protection of free speech. Anonymous speech made it possible for the pamphleteers to express their desire for liberty and independence from Britain prior to and during the American Revolution. 

Without privacy, there is no sanctity of your "person, houses, papers, and effects" as enshrined in the Fourth Amendment. Freedom from observation is a concept that has its roots in English Common Law as a response to government overreaching. 

Alternet's February 19, 2015, excerpt from Richard Scheer's book, They Know Everything About You: How Data-Collection Corporations and Snooping Government Agencies Are Destroying Democracy, presents Scheer's comparison of the current surveillance state to the dystopias envisioned by Aldous Huxley and George Orwell. As Scheer points out, "totality of societal observation" is the antithesis of freedom, "even when the observation is gained through hidden or subtle persuasion." 

Scheer claims that the ability of government and businesses to map our minds exceeds the surveillance powers described in Brave New World and 1984. By collecting information about us, our thoughts, and our activities, the data collectors are able to manipulate and control us -- without us being aware of it. 

Why are people willingly and "enthusiastically" giving up their privacy? The most cherished cultural value is now to be noticed: "[T]he most observed are the most valued," according to Scheer. 

Seemingly non-threatening requests such as "Can we use your location?" disclose much more about who we are and what we're thinking than we imagine. We're tracked by our cell phones. The photos we take with our phones are geo-tagged. Facial recognition is applied to the photos we upload. Our wall posts, comments, likes, emails, text messages, chats, documents stored in the cloud, the snoopy apps we install, the web forms we fill out, all collect personal information that is ultimately retained, stored, shared, and mined by government and businesses. 

Constant observation leads to self-censorship, which is the foundation of totalitarianism. We acquiesce to the data collection in the spirit of consumerism, and perhaps patriotism. Data collected by private companies is scooped up indiscriminately by government. The "military-intelligence complex," as Scheer refers to it, replaces the "military-industrial complex" that President Eisenhower warned against in his Farewell Address in 1961. Internet giants such as Google and Yahoo are now integral parts of the "American war machine," according to Scheer: 

"The assumption of the new surveillance state [Post-9/11] is that we the citizens are all potential enemies of the government. This reverses the U.S. Constitution’s assumption that it is the leaders of our government who should be viewed with a deep suspicion—an assumption based on the notion that power corrupts and that absolute power corrupts absolutely. We the citizens are the ultimate guardians of our liberty, and our right to be informed, by the press and by whistleblowers when our governors deceive us, is sacred to the enterprise of a representative republic.... Our most private moments are now captured in exquisite detail by a newly emboldened surveillance state—resulting in a shutout of democracy. But the game’s not over, yet."

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Identify the problem so we can ask the right questions 


Washington University Law Professor Neil Richards writes in a paper to be presented at this week's Future of Privacy Forum that "[p]rivacy is the shorthand we have come to use to identify information rules." The forum is sponsored by the International Association of Privacy Professionals. 

Richards asserts that young people care as much about privacy as older folks. While they may be perceived as sharing indiscriminately, in fact young people share with friends but want to keep their activities private from authority figures. 

Even people who claim not to have anything to hide will find they are self-censoring if they believe they're constantly being watched. This leads to bland, boring, sameness in thought and activity. Progress depends on new, usually unpopular ideas that manage to catch on. 

Businesses that make money based on the information they collect from their "customers" can do so only if their customers trust them. According to Richards, "trust requires reliable and trustworthy rules and expectations about the proper limits on collection, use and transfer of information." 

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How do we reclaim our right to keep our personal information private?

If there are rules in effect for personal data collection and use, big data becomes our friend -- and potentially the source of much public good. Health information is one prominent example, but others include public safety, smart shopping, news reporting, and last but not least, an informed electorate. Just let us decide what to share, who we share it with, and what they can do with it. 

Altimeter Group analyst Susan Etlinger gave a TED talk in 2014 covering “the implications of a data-rich world” and how to “use it to our best advantage.” Forbes' Howard Baldwin describes her presentation in a February 22, 2015, article. 

First, Etlinger says, make sure you're extracting quality data. It has to be accurate, relevant, and in context. Apply "smart" analysis tools used by trained, qualified analysts to ensure bad data is weeded out and any anomalies are identified. 

Most important is trust. Data collectors must provide their customers with full disclosure about the personal information they're collecting, who they're sharing it with, and how it is being used. (I'll add that consumers require the ability to opt out of the collection and to lock the personal information that has already been collected, as per the terms of the data-collection contract I describe below.) 

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Cybersecurity executive order already bogged down in bureaucracy 

There's not much chance of federal privacy legislation -- or executive orders -- having meaningful impact anytime soon. According to the government's plan, first someone has to develop standards for sharing and analyzing information about data breaches. Then someone has to create a network of organizations to do the sharing and analyzing. 

President Obama's Executive Order -- Promoting Private Sector Cybersecurity Information Sharing states that it "strongly encourage[s]" the Secretary of Homeland Security to establish Information Sharing and Analysis Organizations (ISAO) to be coordinated by the National Cybersecurity and Communications Integration Center (NCCIC). The NCCIC was established by the Homeland Security Act of 2002. 

According to the Department of Homeland Security, the NCCIC "shares information among the public and private sectors to provide greater understanding of cybersecurity and communications situation awareness of vulnerabilities, intrusions, incidents, mitigation, and recovery actions." 

The Executive Order states that ISAOs can be for-profit or nonprofit. A non-governmental body will serve as the ISAO Standards Organization to develop and promulgate "voluntary standards or guidelines" for ISAOs to use when they share information about "cybersecurity risks and incidents." 

Okay, first they're going to find a non-governmental body to create voluntary standards for a network of for-profit and nonprofit ISAOs. The order doesn't refer to when any of the standards will be available to the ISAOs who are responsible for doing the actual sharing and analysis. Nor does it address the reluctance of financial firms and other businesses to share information about the data breaches they experience.

The Executive Order deals only with actions after a breach has occurred. What about preventing breaches? Or minimizing their damage by limiting the amount of personal information in the breach target's possession? Do all these organizations need to collect and retain all this sensitive information? 

Consumers are better able to protect themselves from the effects of data breaches if they can decide what personal information to share, which organizations they share it with, and how those organizations can use the information. 

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Obama Administration's Privacy Bill of Rights is dead in the water 

In fact, the Obama Administration did half-heartedly propose a Consumers Privacy Bill of Rights, but only for show, as Tech Crunch's Alex Wilhelm reports in a February 27, 2015, article. The law would specify when consumers could demand that an organization delete their personal data, and would allow them to revoke consent to collect it. 

The type of information that could be collected would also be restricted to what is "reasonable in light of context." Consumers would have the right to ask for the data the company collects about them, so long as the request isn't "frivolous or vexatious." 

The only thing both sides of the privacy issue agree about is that the bill has no chance of passing. The companies collecting and profiting from personal data claim the bill would burden Internet services unnecessarily and fundamentally change the way they do business. Privacy advocates point to a huge loophole in the bill that would effectively remove existing protections for data privacy and consumer control over personal information. 

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Establishing a property right to personal information

If this is the best the government can do, maybe the solution to our loss of privacy will come from outside the government. If personal information were considered a form of property under the law, property owned by the person to whom it pertains, then the consumer and data collector would enter into a contract stipulating the terms of the data collection and sharing the organization is allowed. This solution is discussed in a paper I wrote in 2013, Reclaim Your Personal Information. 

A recent decision in the U.S. District Court, Northern District of California refused to recognize a company's property right in its non-trade secret confidential information. Richard Darwin of Buchalter Nemer explains the court's reasoning in a March 2, 2015, post on the JD Supra site. Darwin quotes the court as stating “in order for the taking of information to constitute wrongdoing, the information must be ‘property’ as defined by some source of positive law.” No such source of positive law exists to date, according to the court. The case is NetApp, Inc. v. Nimble Storage, Inc., 2015 U.S. Dist. LEXIS 11406 (N.D. Cal. January 29, 2015). 

Right now, the only way to reduce the chances that your personal information will be the target of data thieves, or that it will be collected by businesses and government, is to avoid the Internet, smart phones, and all other modern technologies. That's simply not practical for most people. 

If a property right to personal information were recognized, any entity that collects our personal information would be required to disclose exactly what information they're collecting, how long they're retaining it, what they do with it, who they share it with, and what those third parties do with it. We would also have the right to do business with them without any personal information collection beyond what is required to transact our business. 

There would be a mechanism for locking the information that has already been collected upon termination of the personal-information contract. Individuals always retain the right to reassert their property interest in their personal information, if only to prevent any future use of it. (Possession changes hand, but consumers always retain title to their personal information.) 

There also needs to be a mechanism to enforce the contract terms. Data collectors would have to be audited regularly to ensure they're abiding by the contract terms. The collectors would report on the collection and sharing operations in a manner that a third party can validate. The cost of the auditing would be shared by both parties of the contract. 

Finally, consumers must have a legal right to sue for damages resulting from a breach of their personal information suffered by the collecting organization. In addition to actual monetary damages and damages related to the increased risk of identity theft and other future harms, the damage calculation must include any diminution of the personal information's inherent value to the information-collection industry. 

Our personal information has value. We shouldn't allow others to realize its value without compensating us fairly through bargained-for consideration. In an excerpt from his book, Data and Goliath: The Hidden Battles to Collect Your Data and Control Your World, data-security expert Bruce Schneier points out that consumers are getting a raw deal from both government and businesses. The excerpt is in a March 2, 2015, post on Motherboard. 

The government promises that in exchange for our personal data and privacy, it will protect us. Businesses promise that in exchange for our personal data and privacy, they'll provide email, web searching, and other services. Schneier claims both are raw deals for consumers. 

Once there's a fair, open personal-information marketplace, Google, Facebook, Twitter, and other Internet services will share the wealth with their raw-material suppliers: us. 

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Consumers' standing to sue companies following data breaches 

You only need two recent cases to demonstrate the inconsistency in judicial decisions regarding the plaintiff's standing to sue for damages resulting from a data breach. In a February 25, 2015, article on JD Supra Business Adviser, John Kloecker and Molly McGinnis Stine of Locke Lord LLP compare suits filed against Target and P.F. Chang's by data-breach victims. 

Target: The U.S. District Court of Minnesota rules plaintiffs have standing. It found concrete and particularized injury to the plaintiffs, who alleged "unlawful charges, restricted or blocked access to bank accounts, inability to pay other bills, and late payment or new card fees." 

P.F. Chang's: The U.S. District Court, Northern District of Illinois, rules "allegations of overpayment for P.F. Chang’s services, fraudulent charges to a debit card, inability to accrue reward points, and 'increased risk of identity theft' were insufficient to confer standing." 

Go figure.

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          • 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
  • 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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