Archive for the ‘Cyber Law’ Category
by Bob B Taylor
on 6.09.2010
Anyone who has ever had to deal with issues of jurisdiction or evidence gathering in an Internet related dispute will know what I am talking about when I say it has its challenges for lawyers.
There have been several lawsuits that involved the issues of jurisdiction and evidence relating to the Internet.
In one such important case there was the assertion that there was a rebuttable presumption of law that an article placed on an Internet website that is open to general access has been published to a substantial number of people within the UK jurisdiction.
The opponents denied that there had been any such substantial publication of the words complained of, in other words, that there was no such presumption of substantial publication merely by the offending content being made available to the public through the website in the jurisdiction. The lawyers for the Claimants were convinced that the defendants had no real prospect of defending the issue at trial and applied for summary judgment regarding those aspects of the defence which contest that publication had taken place “within the jurisdiction”.
The application for summary judgment failed and the judgment refused the request to remove the statement in the defence denying substantial publication.
There appears to be little doubt that cloud computing is here to stay, and that it may indeed represent the future of information technology. There are many advantages and potential advantages to the cloud computing model.
That said, from a legal perspective, cloud computing raises a host of issues. Having spoken recently to several cloud computing vendors, there are some rather obvious questions. Perhaps the most obvious question is, “What happens if you lose my data?” The answers I was provided focused on technical and not legal issues, such as the back-up procedures provided.
Technical issues are important, and there are certainly technical issues that a potential customer may want to consider, such as maintaining a back-up on site, or a back-up through a separate vendor. These approaches might provide some real practical protection in the event of a catastrophic failure or bankruptcy at the primary provider. Other technical issues might focus on what happens when the relationship ends, whether happily or not. Is there another vendor that can provide the software and host the data? Will data have to be converted to a different format? If the customer decides to switch back to a local area network, will the terminals that have been used for cloud computing (which, I am told, can be very basic “low powered” machines) be of any use, or will a completely new network need to be installed?
Argument in favour of the Claimant
1. That the claimant only relies on the presumption of damage and that he has chosen not to sue the defendant in the US, Saudi Arabia or Switzerland, calling for a more cautious approach by the court.
2. That it is a misconception under English law to presume that because an item is available on the internet a substantial amount of readers have gained access to it.
3. It can be claimed that publication over the Internet has taken place if and only if the material is accessed and downloaded by a third party within the jurisdiction; and only at trial can the claimant assert that a jury would be perverse not to draw such inference.
4. That the issue of the extent of publication of the two items should be left to the jury to decide on the evidence.
Conclusion
A dispute existed between the two parties as to the difference between a presumption and an inference that the words of the items published on the internet were made available to a “substantial but unquantifiable” amount of readers in the UK jurisdiction. For many reasons, the court held that it cannot be immediately accepted under English law that a claimant may rely on a presumption of law that a substantial publication has taken place merely because an item has been published on the Internet.
However at trial, the jury after the exchange of witness statements may infer that there was substantial publication of the said items within the jurisdiction. It is also important to note that It can be claimed that publication over the Internet has taken place if and only if the material is accessed and downloaded by a third party within the jurisdiction. So if you think that you might be in an Internet dispute you need to make sure you get the evidence at the time of the offending behavior. The more evidence you can gather and store safely the stronger your case will be when you eventually end up in court
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by Bob B Taylor
on 6.09.2010
Since 2006, the United States finally got what they have been trying many years to do: make online sports gambling illegal for everyone in the United States. Internet gambling was and still is a complex issue. The interstate wire act of 1961 was established to stop sports gambling activities to be completed via the phone. Lots of people were wondering if this act applied to the Internet. Since the act was established in 1961 before Internet was invented, no one really knew if the law was applicable. In addition the act did not clarify to what type of gambling it was meant for. Was it for all types of gambling or was it just for sports betting?
With all of the questions surfacing among this topic there was one certainty. If you own and ran a gambling website you will be pursued by the government until the end of days. That is one thing that they take extremely serious. Obviously, if you take care of the source you take care of the problem. In addition, it’s much harder to go after ten million individuals then it is to target several hundred website owners.
What this new bill does show is that you need to be aware of what is being downloaded to your computer or network. I need a top level connection for broadcasting work I’m involved in and only my ISP can provide it, so if we had been found guilty of filesharing it would have been disastrous for my work. This can easily happen due to somebody downloading files without your knowledge, or due to hackers using your network in order to hide their own identity.
I have known a lot of sports gamblers in my lifetime and they all started out small: $5 here and $10 there. Eventually, they run a bad streak and just lose everything because all they need is just 1 win to get everything back. For example, if you lose 10 times in a row (that does happen), you can lose a lot of money. 1st bet: 100, 2nd bet: 200, 3rd bet 300, 4th bet 600, 5th bet 1,200, 6th bet 2,400, 7th bet 4,800, 8th bet 9,600, 9th bet 19,200, 10th bet 38,400. If you started betting just $100 for the first bet and try to get back to even but you lose 10 times in a row that’s a total loss of $76,800. I know what you’re thinking. Who in the world does this? People have done it and I have seen it firsthand. Sports betting is very emotional and sometimes you just don’t use your head, you bet on emotion.
There have been recent talks about making online gambling legal and then the government can just tax the bettors for their winnings. Honestly, I hope this doesn’t happen because I have seen what sports gambling can do to a person. Gambling brings the devil out of people. If it was up to me, I would vote for online gambling to remain illegal in the United States
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by Bob B Taylor
on 2.09.2010
Since 2006, the United States finally got what they have been trying many years to do: make online sports gambling illegal for everyone in the United States. Internet gambling was and still is a complex issue. The interstate wire act of 1961 was established to stop sports gambling activities to be completed via the phone. Lots of people were wondering if this act applied to the Internet. Since the act was established in 1961 before Internet was invented, no one really knew if the law was applicable. In addition the act did not clarify to what type of gambling it was meant for. Was it for all types of gambling or was it just for sports betting?
With all of the questions surfacing among this topic there was one certainty. If you own and ran a gambling website you will be pursued by the government until the end of days. That is one thing that they take extremely serious. Obviously, if you take care of the source you take care of the problem. In addition, it’s much harder to go after ten million individuals then it is to target several hundred website owners.
What this new bill does show is that you need to be aware of what is being downloaded to your computer or network. I need a top level connection for broadcasting work I’m involved in and only my ISP can provide it, so if we had been found guilty of filesharing it would have been disastrous for my work. This can easily happen due to somebody downloading files without your knowledge, or due to hackers using your network in order to hide their own identity.
I have known a lot of sports gamblers in my lifetime and they all started out small: $5 here and $10 there. Eventually, they run a bad streak and just lose everything because all they need is just 1 win to get everything back. For example, if you lose 10 times in a row (that does happen), you can lose a lot of money. 1st bet: 100, 2nd bet: 200, 3rd bet 300, 4th bet 600, 5th bet 1,200, 6th bet 2,400, 7th bet 4,800, 8th bet 9,600, 9th bet 19,200, 10th bet 38,400. If you started betting just $100 for the first bet and try to get back to even but you lose 10 times in a row that’s a total loss of $76,800. I know what you’re thinking. Who in the world does this? People have done it and I have seen it firsthand. Sports betting is very emotional and sometimes you just don’t use your head, you bet on emotion.
There have been recent talks about making online gambling legal and then the government can just tax the bettors for their winnings. Honestly, I hope this doesn’t happen because I have seen what sports gambling can do to a person. Gambling brings the devil out of people. If it was up to me, I would vote for online gambling to remain illegal in the United States
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by Bob B Taylor
on 29.08.2010
While buying or selling gives you in a company, nearly all merchants desire to guarantee they’re doing so at a reasonable cost. In many cases novice dealers fall short to getting a fair price as they do not fully grasp share liquidity along with a factor known as slippage.
What is slippage?
Slippage is a distinction between the last buy and sell value and also the cost realized from the future purchase. Typically, slippage comes about when there is a large difference involving need and provide. Such as, if a stock broker would like to buy 10000 explains to you regarding a stock but the normal daily size stocks bought and sold to the stock options is usually 5000 explains to you, and then generally there will probably be significant amounts of slippage in making the share. The act of purchasing the stock options will probably drive up the particular stock price because there are insufficient ready sellers.
Strategy connected with protecting against slippage is by using limit orders as an alternative to market directives. There is, however, any disadvantage in this particular. In many cases the particular commodity investor would not find the very best stocks and shares with reduce purchases because the cost moves upward too fast. Or even the trader is certain to get filled up using a miniscule number of shares possesses in order to follow your share through upgrading the actual limit price tag to acquire more. Neither of them these situations tend to be suitable.
Commodity Assets
Any time creating a sound trading system, it is great train to know this lowest commodity liquidity to your requirements. By way of example, if a stock trader commences with $100K investing funds and intends holding 20 diverse stocks and shares he then will probably usually buy $5K valued at of stock at a time. In order to avoid significant slippage issues this share trader will probably arranged specific minimal stock options assets requirements in order to filtration system out lower liquidity stocks and shares.
Normal Buying and selling Volume
Several beginner investors can filter out and about reduced liquidity stocks simply by looking at your share average trading volume on the previous 20 days. 20 days and nights is normally definitely not satisfactory as a big quantity spike about a couple of days and nights can skew the common buying and selling volume. You’ll be able to turn out possessing a standard along with volume death off of so quickly. It’s the same safer to a lengthier calculating interval for instance 60 a short time.
Common Dollar-Volume
A dilemma along with reviewing the average regular dealing volume will be it is not always the proper key to observe. As an example, As an example, many stocks and shares upon publicly owned exchanges get particularly excessive value, $1000 and up. This futures is often rather fruit juice and one share may be easily bought. To help you identify that exchanging volume is actually unnecessary. It is important is usually average dollar-volume. To put it differently, give full attention to this $$$ turned on the average buying and selling evening, not necessarily the actual associated with shares bought and sold.
The particular minimum amount investment liquidity regarding carries several your trader is interested in obtaining should be determined by dealing funds as well as variety of futures held. With the situation stated earlier this trader has $100K buying and selling money and hopes to keep no less than 20 or so shares. On average every place will probably be $100,000 / 20 = $5,000. If you buy a stock, a good rule is always to acquire a maximum of 1% on the 60 evening normal every day dollar-volume. With this trading case in point, the actual minimal investment liquidity stage must be a minimum $500,000 every day normal dealt for the specific stock.
Maybe you want to check my other guide on Stock Market Futures , Stock Market Results and Penny Stocks To Watch
by Bob B Taylor
on 24.08.2010
President Barack Obama and his cabinet, as per an article in the August 2009 edition of the Washington Post, called for legislature to allow U.S. internet website greater access (through internet cookies and similar tools) to further track and monitor various online activities. If passed, this legislature would give government officials a significant increase in the amount of personal info which could be obtained. Google, however, would have been excluded from being banned from acquiring personal information of the individuals utilizing that particular search engine.
It was later revealed that the government website was having Google YouTube videos, that used tracking cookies, when people tuned in regarding the president’s address and other government activities taking place. However, in the same year, it was suggested that this too, would be banned.
However, the government then stated that the ban only applied to the government and not third parties which meant that tracking by Google was fine. Apparently, notification to users that this monitoring was going on was NOT even required, although it was proposed that a subscription cancellation type of “warning” would be issued. Policy also dictated that the use of internet cookies was not a hindrance, but rather an improvement, helping web designers make a better product for their clients.
It’s no surprise that Google utilizes internet cookies to track EVERY piece of content it moves throughout it’s website. Further still, some websites can even pinpoint your EXACT LOCATION with IP tracking! Some of these sites also include definitive-ip-search.org/20/index.htm. Providers, including Google, keep mobile phone records and that information can be obtained anytime by the government.
Personal phone calls are noted with the number the call originated from, the number called, the date of the call, and additional information. This is a tremendous database of information on anyone who has every used a cell phone and it’s information that could be used against those who are unaware.
As the law states per Homeland Security, there must be a legitimate reason for seeking such information before the government can access this information via internet cookies. It also means that everyone else is supposed to fall under the same regulations, everywhere and all the time. Under “big government’s” thumb all that we do in our personal lives can fall under examination, and that is actually a very scary prospect when you consider it. In some instances, all it takes is a nosy neighbor alerting the authorities of your “abnormal activities” to allow certain officials to track and monitor your online and telephone activities.
The Office of Management and Budget Report includes this stipulation, quite clearly. This was generated ten years ago and has been going on ever since. Very little information regarding privacy laws and ‘cookie’ Internet tracking has been created since that time as far as the government is concerned which leaves those using technology vulnerable to examination.
In this case, technology has gotten ahead of our laws, and it is probably time to reexamine how people’s privacy and individual rights can be protected. While it is understandable that the government would want to quickly apprehend criminals and put a stop to any terrorist activity, there are millions of individual citizens whose privacy could be adversely effected and it is time for those people to come together and voice their displeasure. Simply stated, to offer greater protection to the people using such communication resources, 10 year old legislature like this really MUST be reevaluated, and updated accordingly.
by Bob B Taylor
on 16.08.2010
President Barack Obama and his cabinet, as per an article in the August 2009 edition of the Washington Post, called for legislature to allow U.S. internet website greater access (through internet cookies and similar tools) to further track and monitor various online activities. If passed, this legislature would give government officials a significant increase in the amount of personal info which could be obtained. Google, however, would have been excluded from being banned from acquiring personal information of the individuals utilizing that particular search engine.
It was later revealed that the government website was having Google YouTube videos, that used tracking cookies, when people tuned in regarding the president’s address and other government activities taking place. However, in the same year, it was suggested that this too, would be banned.
However, the government then stated that the ban only applied to the government and not third parties which meant that tracking by Google was fine. Apparently, notification to users that this monitoring was going on was NOT even required, although it was proposed that a subscription cancellation type of “warning” would be issued. Policy also dictated that the use of internet cookies was not a hindrance, but rather an improvement, helping web designers make a better product for their clients.
It’s no surprise that Google utilizes internet cookies to track EVERY piece of content it moves throughout it’s website. Further still, some websites can even pinpoint your EXACT LOCATION with IP tracking! Some of these sites also include definitive-ip-search.org/20/index.htm. Providers, including Google, keep mobile phone records and that information can be obtained anytime by the government.
Personal phone calls are noted with the number the call originated from, the number called, the date of the call, and additional information. This is a tremendous database of information on anyone who has every used a cell phone and it’s information that could be used against those who are unaware.
As the law states per Homeland Security, there must be a legitimate reason for seeking such information before the government can access this information via internet cookies. It also means that everyone else is supposed to fall under the same regulations, everywhere and all the time. Under “big government’s” thumb all that we do in our personal lives can fall under examination, and that is actually a very scary prospect when you consider it. In some instances, all it takes is a nosy neighbor alerting the authorities of your “abnormal activities” to allow certain officials to track and monitor your online and telephone activities.
The Office of Management and Budget Report includes this stipulation, quite clearly. This was generated ten years ago and has been going on ever since. Very little information regarding privacy laws and ‘cookie’ Internet tracking has been created since that time as far as the government is concerned which leaves those using technology vulnerable to examination.
In this case, technology has gotten ahead of our laws, and it is probably time to reexamine how people’s privacy and individual rights can be protected. While it is understandable that the government would want to quickly apprehend criminals and put a stop to any terrorist activity, there are millions of individual citizens whose privacy could be adversely effected and it is time for those people to come together and voice their displeasure. Simply stated, to offer greater protection to the people using such communication resources, 10 year old legislature like this really MUST be reevaluated, and updated accordingly.