Archive for RB

From Madison to PRISM

From Madison to PRISMThe folks at Whocalledmyphone.net have given us this excellent infographic. It traces the battle between the right to privacy and the prying eyes of the government. The infographic follows the erosion of privacy from the Bill of Rights to Prism. For more details, you can also check out the EFF page Timeline of NSA Domestic Spying.

Privacy vs. Security infographic
Image compliments of Who Called My Phone

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

US Internet Laws Unequally Enforced

US Internet Laws Unequally EnforcedThe Internet Society (ISOC) provides a summary of a report from the Fordham Center on Law and Information Policy (CLIP), entitled “Internet Jurisdiction: A Survey of Legal Scholarship Published in English and United States Case Law” (PDF) examining the case-law and legal literature analyzing jurisdiction for claims arising out of Internet activity in the United States. The report finds that despite definitive case law, the practice of U.S. courts “lacks uniformity”.

Internet SocietyThe report concludes that U.S. Internet law jurisdictions are typically set by the Second and Ninth Circuit Courts. The Second Court covers New York, Vermont, and Connecticut. The Ninth Court covers the west coast of the US from Alaska to California and from Hawaii to Montana.

The CLIP research found that the most frequent Internet jurisdiction issues addressed by the courts are intellectual property and defamation cases. According to Wikipedia, Intellectual property (IP) is a legal concept that refers to creations of the mind for which exclusive rights are recognized. Under IP law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, discoveries and inventions; and words, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, and in some jurisdictions trade secrets. (rb- I have written a great deal about IP in my Patent Trolling articles.)

intentional tortThe researchers found that 62% of Internet jurisdiction cases centered on disputes about intellectual property. Specifically, 43% of the cases related to trademarks; 20% related to copyright; and 9% related to patents.

Within the Fordham data. There were also 35 defamation cases studied with 23% of these cases related to the intentional tort. Wikipedia defines defamation as communicating a false statement that harms an individual, business, product, group, government, religion, or nations’ reputation. Under common law, to constitute defamation, a claim must generally be false and made to someone other than the person defamed.’

Internet jurisdiction casesAccording to the Fordham research, there are two primary cases the courts use to address most Internet jurisdiction cases, The first is Zippo Manufacturing Co. v. Zippo Dot Com, Inc. IT Law Wiki explains that Zippo created a three-prong test for determining whether a court has jurisdiction over a website. Under this test, there are three types of websites: Commercial, Passive, and Interactive.

Interactive websites allow the exchange of information between the website owner and visitors, may be subject to the jurisdiction, depending on the website’s level of interactivity and commerciality, and the number of contacts which the website owner has developed with the forum due to the availability of the website within the jurisdiction.

knowledge that his intentional conduct would cause harmThe other key case that Fordham found was Calder v. Jones. IT Law Wiki writes  that this case resulted in the “effects test.” The article asserts, “… virtually every jurisdiction has held that the Calder effects test requires intentional conduct expressly aimed at or targeting the forum state in addition to the defendant’s knowledge that his intentional conduct would cause harm in the forum.

The article concludes that the Zippo and Calder tests remain the dominant ones applied, but that these tests are not mutually exclusive. Although Zippo is most often applied in matters of specific jurisdiction, there exists a varied and, at times, a blurred framework that incorporates the Zippo sliding scale and Calder’s effects test, as well as traditional standards for personal jurisdiction. Therefore, although the landscape for Internet jurisdiction matters has clear, predominant legal standards and tests, on the whole, when and how these are applied by U.S. courts lacks uniformity.

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I am not a lawyer, and of course, you should seek the advice of an attorney.

While I am not a lawyer, I do have common sense and how is it possible for different courts to rule in different ways on the same topic when they have InnerTubes to rule consistently?

conservative nature of the legal professionI believe this shows how out of touch the law is from technology.

Some of this could be due to the basic conservative nature of the legal profession.

I also believe that there is money in it for the politicians to make laws that are so confusing that lawyers are needed to understand the law. After all most Senators are lawyers.

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Bach Seat Changes

Bach Seat Changes

Due to some recent problems with Bach Seat, I have deleted all subscribers and turned off subscriber’s rights to post. You can still follow me with the RSS feeds options on the sidebar over there ->

You will have to be a registered user to post here.

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Printer Ink Costs More Than Gasoline

Printer Ink Costs More Than GasolineAnyone who has ever shopped for a replacement ink cartridge knows they’re not cheap. In fact, printer ink is more expensive per gallon than gasoline or the blood running through your veins. This infographic from InkJet Willy examines the truth about the high cost of ink cartridges, and reveals their unfortunate impact on the environment.

Printer Ink Injustice Infographic

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I always try to get my customers to drop Inkjet printers from their fleet. Many times it seems like a hopeless battleConsumers Reports says that InkJet ink can cost up to $75.00 a gallon. They recommend Brother printers as the most efficient inkjet printers. Sorry HP.

Do your customers understand that printer ink costs 25x more than a gallon of gas? 

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers and anything else that catches his attention since 2005. You can follow him at LinkedIn, Facebook and Twitter. Email the Bach Seat here.

Data Growth Tests Storage Capabilities

 Data Growth Tests Storage CapabilitiesData Center Knowledge had an article by Steven Rodin, CEO of Storagepipe Solutions, that lays out the challenges that those of us charged with managing backups face every day. Storagepipe Solutions, which has been a provider of online backup services for business since 2001, has identified several emerging storage trends that organizations will need to overcome in the future.

Storagepipe Solutions logoIn the early days, the author says, organizations were primarily concerned with data protection, encryption and automation. The era of “Big Data” has changed those demands. The new demands are overwhelming most backup and storage systems. The article cites data from IBM (IBM), which claims that worldwide annual data production has actually exceeded worldwide storage capacity. Big Blue believes that demand for storage capacity is growing nearly 60 percent a year. The gap between the data that organizations produce and their ability to store it will continue to grow for years.

The Storagepipe Solutions CEO identified a number of important storage trends which are accelerating the growth rate of corporate data.  He provided a few of the most important factors.

Cheaper Storage Hardware

Cheaper HardwareHard drive capacity has fallen exponentially in price ever since Moore’s Law was introduced. This has changed attitudes to backups. The article says that today, hardware is so cheap and abundant that attitudes have shifted to a “Better keep this. We may need it someday” mentality.

New technologies, such as advancements in compression, deduplication and hardware virtualization, have improved overall storage utilization and further accelerated the rate at which the cost-per-gigabyte of storing data is falling.

Cheap and Abundant Bandwidth

Abundant BandwidthInternet bandwidth is no longer a bottleneck. Bandwidth availability has accelerated the growth of file sharing and online storage. Now large files are copied and distributed at an exponential rate which has caused duplicate data to become a major source of storage waste and data growth. The CEO of the firm based out of Toronto, calculates that if one person shares a 1GB file with 500 people, that’s half a terabyte of storage consumption.

Business is Going Paperless – Email has replaced letters, eBooks and tablets have nearly replaced paper books, and digital imaging has replaced photographs and x-rays. Not only are paperless offices better for the environment, but Mr. Rodin writes, they are also more productive, flexible and better able to extract value from their business data. Many industries are using more and more video (which is highly storage intensive) for marketing online, security and communication.

Enhanced Automated Data Collection Capabilities

Automated Data CollectionAutomated data collection is one of the fastest-growing areas in the “big data” space. With every move we make, the article says we’re generating GPS data, web traffic statistics, power usage data, surveillance video, and a broad range of data which companies and governments are collecting.

The author calls automated data collection the “Pandora’s Box” of the big data revolution. The information being collected about us through the electronic devices we use every day could present a threat to our privacy, but they also have the potential to offer tremendous value to society.

Advances in Data Analysis Technology

Data AnalysisThe blog says that until recently, data analysis was almost exclusively performed on structured relational databases, maintained and organized by humans. But now, a  new approach to data storage which focuses on rapid analysis and processing of vast data volumes. Technologies like Hadoop, Cassandra, MapReduce and NoSQL have given birth to a whole new class of services, and have revolutionized the way organizations think about the data they collect. Organizations can now get more insight into their internally generated business data by integrating external feeds and databases into their reporting and analysis.

The Growing Strategic Importance of Data

In the past, data was simply a tool which assisted in decision-making and helped companies execute on their strategic objectives. But recently Google (GOOG), Facebook (FB), Apple’s (AAPL) iTunes and other brands have built their entire corporate strategy around the data they own. The DCK article states, information is power, and it’s now more powerful than ever.

Regulatory ComplianceRegulatory Compliance

Even if companies wanted to cut the amount of data they store, they wouldn’t always be able to. Laws like PIPEDA, HIPAA, Sox404 and many others are forcing companies to keep historical archives of their exponentially growing business data going back several years.

As this data grows, storage increasingly becomes a major business problem. Also, companies must plan for cost-efficient search and retrieval of these large historical data volumes to stay ready for an unexpected electronic discovery request.

As the scale and complexity of big data storage grows, it’ll quickly reach a point where manual handling is no longer practical, desirable, economical, or even possible. Automation will become absolutely essential when it comes to backing up big data.

Many big data applications have serious privacy implications for the customers that benefit from their use. So security will become a top priority for backup administrators. Gone are the days of unencrypted backup tapes.

The big data applications has created a whole new class of applications built on real-time data. These applications require much more frequent  backups to optimize Recovery Point Objectives (RPOs). Strategic big data apps will need minimized downtime. This means smaller backup windows, built-in redundancy, and server fail-over to disaster recovery sites.

That’s why many organizations are opting to outsource their data backups by partnering with experts who run ahead of the trends and who can help with the complexity of some situations.

Related articles

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers and anything else that catches his attention since 2005. You can follow him at LinkedInFacebook and Twitter. Email the Bach Seat here.