Many sites put up privacy policies without giving them much thought. Once up, they are often forgotten about even if the policy is later changed. This can lead to disaster as one recent case showed.
You probably are not surprised to learn that lying in your privacy policy can get you into trouble. You will definitely be surprised to learn, however, that your competitors could be the parties suing you. Even worse, they could sue you for millions and win! How could this be? It all boils down to competition. In this case, claims of unfair competition.
The Lanham Act is a federal law that established rules related to unfair competition. Part of the language of the Act prohibits businesses from using false statements that a consumer may use in deciding to use the business instead of a competitor. This can include your privacy policy. If you state in your privacy policy that you do not share visitor information with third parties, but then do so, you are making the false statement called for in the Lanham Act.
For this to get you in trouble, however, the false statement must give you an advantage over competitors, to wit, your competitors admit they give visitor information to others. Making the determination in court is a question of fact, which means a jury will decide. Regardless, it is a risky proposition.
Getting rid of the technical legal jargon, the use of the Lanham Act in relation to privacy policies on sites is all about privacy. Between phishing, email and other online scams, many people are nervous about providing their personal information to sites. Along with this heightened public awareness comes a new unique selling position for sites – assuring privacy! Simply put, more people are likely to use a site that does not share their information with third parties than one that admits it does. If false assurances are given, the advantage is gained without merit, which is where a claim under the Lanham Act comes in.
Ultimately, you need to have a privacy policy on your site. Make sure it is accurate and updated as required so that you do not run into a situation where a competitor actually sues you.
Tuesday, September 4, 2007
What is Cybersquatting and What Can Be Done About It? ACPA or UDRP?
Have you ever had a third party register a domain name that is either exactly the same or very similar to your trademark? If so, it may be a Cybersquatting issue. Cybersquatting is registering, trafficking in, or using a domain name with a bad-faith intent to profit from the goodwill of a trademark belonging to someone else. To address this issue, Congress enacted what is known as the Anticybersquatting Consumer Protection Act ("ACPA"). The ACPA amended the Lanham Act by providing trademark owners with a civil remedy against cybersquatting.
If you’re not sure how this may affect your business, let’s run through some examples. The typical scenario is that the name of your product, or your company name is a registered trademark (or a strong common law trademark). However, you failed to register the domain name for whatever reason. Joe Schmo cybersquatter decides to beat you to the punch and registers the domain name of your trademark. He may have even registered plural versions or misspellings of your trademark as well (this is known as typosquatting). Joe Schmo cybersquatter is simply holding the domain name for ransom hoping to sell it back to you for a nice profit, or he may decide to keep domain name knowing that he will get a lot of traffic to his websites. The cybersquatter may sell products similar to yours or is simply engaged in affiliate marketing and makes money off of the clicks on his website. These situations can obviously cause consumer confusion and can easily cause lost profits to your company and dilution of your trademark(s) as well.
One avenue of recourse is filing an ACPA claim in federal court. The Plaintiff in an Anti-Cybersquatting suit must establish:
1. The Defendant has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark; 2. registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or
(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506
It’s important to distinguish cases in which the cybersquatter is obviously acting in bad faith, from situations in which the individual simply registered the domain name with the intent of doing something else with it that is unrelated to trademark owner’s goods and/or services.
The ACPA excludes a finding of bad faith where the domain name holder reasonably believed that the use was “fair use” or otherwise lawful. Accordingly, bad faith is the biggest component in an ACPA claim. So what is bad faith? There are several elements the federal courts will consider such as:
The trademark ownership rights held by the mark owner; The closeness of the domain name and the cybersquatter’s name; The cybersquatter’s commercial use of the domain name for access to a web site; The cybersquatter’s intent to divert web traffic from the mark owner; The cybersquatter’s offer to sell the domain name to the mark owner; Whether the cybersquatter gave misleading information in registering the domain name; and Similar or repeated cybersquatting on other marks.
For example, in Hasbro Inc. v. Clue Computing Inc. [66 F. Supp.2d 177 (D. Mass 2000)], the district court held that Clue Computing’s use of its registered domain name clue.com, was in fair use, despite Hasbro’s existing registration of the trademark “Clue” for its famous board game. The two company’s fields in which the names were used were not related; Clue Computing had registered the disputed domain name first, used it in legitimate commerce, and not attempted to sell the domain name to Hasbro.
UDRP or ACPA?
So if you’ve concluded that someone has cybersquatted one of your trademarks, should you file a ACPA lawsuit? Before doing so, you should consult with your intellectual property attorney about other avenues such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“). UDPR is an ICANN-approved arbitration that resolves domain name disputes submitted to ICANN for resolution. Very often (nearly 75% of UDRP cases) results in the cancellation of the cybersquatter’s domain name registration. The standards to establish cybersquatting in UDRP cases for wrongful registration is very similar to ACPA’s standards. Furthermore, UDRP proceedings are typically much less expensive and quicker (about 2-3 months total compared to ACPA which is federal litigation and may take years if not settled before trial). Another advantage with the UDRP is that it’s well suited for international domain name disputes because the hearings are ex parte (based only on filed documents; no witnesses or parties are present). UDRP can be used in addition to an ACPA litigation or possibly done before or after an ACPA ruling because UDRP rulings are not binding upon the courts. Also, UDRP findings may be appealed. This is a departure from most arbitration practice (www.icann.org/udrp).
However, the remedies in UDRP proceedings are limited to only transfers of the domain name. Compared to an ACPA litigation, the Plaintiff may obtain monetary damages, attorney’s fees and costs (in exceptional cases), and/or an injunction, in addition to the cancellation or transfer of the improper web domain name to the original owner. Furthermore, under ACPA the Plaintiff has the option of suing for statutory damages for $1,000 to $100,000, as the court deems just under the circumstances.
If you’re not sure how this may affect your business, let’s run through some examples. The typical scenario is that the name of your product, or your company name is a registered trademark (or a strong common law trademark). However, you failed to register the domain name for whatever reason. Joe Schmo cybersquatter decides to beat you to the punch and registers the domain name of your trademark. He may have even registered plural versions or misspellings of your trademark as well (this is known as typosquatting). Joe Schmo cybersquatter is simply holding the domain name for ransom hoping to sell it back to you for a nice profit, or he may decide to keep domain name knowing that he will get a lot of traffic to his websites. The cybersquatter may sell products similar to yours or is simply engaged in affiliate marketing and makes money off of the clicks on his website. These situations can obviously cause consumer confusion and can easily cause lost profits to your company and dilution of your trademark(s) as well.
One avenue of recourse is filing an ACPA claim in federal court. The Plaintiff in an Anti-Cybersquatting suit must establish:
1. The Defendant has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark; 2. registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or
(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506
It’s important to distinguish cases in which the cybersquatter is obviously acting in bad faith, from situations in which the individual simply registered the domain name with the intent of doing something else with it that is unrelated to trademark owner’s goods and/or services.
The ACPA excludes a finding of bad faith where the domain name holder reasonably believed that the use was “fair use” or otherwise lawful. Accordingly, bad faith is the biggest component in an ACPA claim. So what is bad faith? There are several elements the federal courts will consider such as:
The trademark ownership rights held by the mark owner; The closeness of the domain name and the cybersquatter’s name; The cybersquatter’s commercial use of the domain name for access to a web site; The cybersquatter’s intent to divert web traffic from the mark owner; The cybersquatter’s offer to sell the domain name to the mark owner; Whether the cybersquatter gave misleading information in registering the domain name; and Similar or repeated cybersquatting on other marks.
For example, in Hasbro Inc. v. Clue Computing Inc. [66 F. Supp.2d 177 (D. Mass 2000)], the district court held that Clue Computing’s use of its registered domain name clue.com, was in fair use, despite Hasbro’s existing registration of the trademark “Clue” for its famous board game. The two company’s fields in which the names were used were not related; Clue Computing had registered the disputed domain name first, used it in legitimate commerce, and not attempted to sell the domain name to Hasbro.
UDRP or ACPA?
So if you’ve concluded that someone has cybersquatted one of your trademarks, should you file a ACPA lawsuit? Before doing so, you should consult with your intellectual property attorney about other avenues such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“). UDPR is an ICANN-approved arbitration that resolves domain name disputes submitted to ICANN for resolution. Very often (nearly 75% of UDRP cases) results in the cancellation of the cybersquatter’s domain name registration. The standards to establish cybersquatting in UDRP cases for wrongful registration is very similar to ACPA’s standards. Furthermore, UDRP proceedings are typically much less expensive and quicker (about 2-3 months total compared to ACPA which is federal litigation and may take years if not settled before trial). Another advantage with the UDRP is that it’s well suited for international domain name disputes because the hearings are ex parte (based only on filed documents; no witnesses or parties are present). UDRP can be used in addition to an ACPA litigation or possibly done before or after an ACPA ruling because UDRP rulings are not binding upon the courts. Also, UDRP findings may be appealed. This is a departure from most arbitration practice (www.icann.org/udrp).
However, the remedies in UDRP proceedings are limited to only transfers of the domain name. Compared to an ACPA litigation, the Plaintiff may obtain monetary damages, attorney’s fees and costs (in exceptional cases), and/or an injunction, in addition to the cancellation or transfer of the improper web domain name to the original owner. Furthermore, under ACPA the Plaintiff has the option of suing for statutory damages for $1,000 to $100,000, as the court deems just under the circumstances.
Legal Music Downloading
Internet Music downloads have come a long way in a small amount of time. Just a few years ago music companies and individual artist were in an uproar over music download sites. Music download sites such as Napster allowed online users to share and download music for free. Many individual citizens that would never consider doing something illegal figured it was okay to get the music for free and stopped buying it in stores!.
The trend became so popular record sales took a nose dive and companies and artist were out of millions in potential revenue. The music industry fought back and Napster as well as similar sites were accused of stealing music, and forced to close up their businesses.
They may have been down but they were not out for the count! Napster and similar websites revamped and came back this time offering one hundred percent legal music downloads and still free to join.
Legal music downloads are becoming more and more popular due to the rise of the MP3 player. The digital revolution made buying legal music downloads a must for many people. People no longer feel its okay to get music for free especially with the risk of persecution. This new attitude has helped the industry continue to expand. Some people still choose to get free music downloads through illegal means but more often than not they pay the price.
There are still many Internet sites that offer music for free. But as the old adage goes you get what you pay for. This “free” music comes with a very heavy price. Most of it is littered with spyware and viruses that could cause permanent damage to your computer. Every single time you download music from such sites you are putting your computer at risk and you could even have charges filed against you for stealing music.
The trend became so popular record sales took a nose dive and companies and artist were out of millions in potential revenue. The music industry fought back and Napster as well as similar sites were accused of stealing music, and forced to close up their businesses.
They may have been down but they were not out for the count! Napster and similar websites revamped and came back this time offering one hundred percent legal music downloads and still free to join.
Legal music downloads are becoming more and more popular due to the rise of the MP3 player. The digital revolution made buying legal music downloads a must for many people. People no longer feel its okay to get music for free especially with the risk of persecution. This new attitude has helped the industry continue to expand. Some people still choose to get free music downloads through illegal means but more often than not they pay the price.
There are still many Internet sites that offer music for free. But as the old adage goes you get what you pay for. This “free” music comes with a very heavy price. Most of it is littered with spyware and viruses that could cause permanent damage to your computer. Every single time you download music from such sites you are putting your computer at risk and you could even have charges filed against you for stealing music.
iPhone Download Services - Are They Legal?
Since Napster revolutionized the file sharing industry in 1999, peer to peer services have been popping up all over. Movie sharing services were soon to follow with services such as Bittorrent as broadband capabilities spread. With the recent introduction of the iPhone, many iPhone peer to peer networks have come about. The question lingering in many consumers minds is... are these iPhone download services legal? In the following paragraphs, we'll discuss what is legal and what isn't, as well as why.
Ok, so getting to the initial point of the article, are these iPhone download services legal? In short, there is a lot of recent precedence that says they're not illegal. So now you're saying, "but I thought file sharing was a huge no-no?" Well that depends on a couple of things, how you use the technology, as well as the topology of the file sharing network. Liabilities fall on different parties in each case. You may have noticed the hype, the buzz, the hoopla, of peer to peer filing sharing has calmed down recently. Why?
Over the past few years, there have been several lawsuits involving file sharing software such as Morpheus, Grokster, Kazaa, the list goes on. Because of this, now there is plenty of legal precedence stating that the software itself is not illegal. How can this be? To answer this question, we have to explore how this software works, and compare it to how peer to peer used to work.
So, what's legal and what isn't? With the case of the aforementioned Napster, their network was set up in a way where a centralized server, or a central point where every search goes, was responsible for all song requests. The server would then send back a list of references where the user could download his or her music. Since the Napster assets were involved in every search, they were actively participating in the file sharing process. This got them in a lot of trouble. This is not how the iPhone download services at set up.
Now you're saying, ok ... so what's the legal way to do it? Here's your answer. A decentralized file sharing network is a peer to peer network not unlike a centralized network, with one KEY difference. As the name suggests, there is no central server, which means, if the software developer turns of his or her computer, the network can continue to run seamlessly, because the software does not rely on the centralized server to operate. The computers in the peer to peer network that have the software running send out the file references. This is way around the above problem. There have been many court cases in recent years citing that this type of file sharing network does nothing illegal.
The iPhone download services in question are all developed using the decentralized peer to peer file sharing topology described above, meaning the software is 100% legal for the company to distribute. There is one more question to answer however. How can YOU safely use the distributed software. Read on to find out.
The way to get in trouble with file sharing is by sharing hundreds or even thousands of different files. The reason behind this is because if you do that, everyone on the entire network has access to your shares, which means a lot of distributed material from your IP address. How do you stay safe with these iPhone download services? Simple. Disable your file sharing, or if your software won't allow it, simply move your downloads to a different folder. This will make sure you are not sharing all of your files with the rest of the peer to peer network and you'll be in the clear.
You'll also want to run a virus check on the files you download. With peer to peer networks, the developers don't have much control over what files are shared on their networks so sometimes an occasional spyware or trojans will be implanted in the media files. Run virus checks before installing your files on your brand new iPhone.
Take the above precautions and you'll have no trouble with iPhone download services and you'll be well on your way to making your iPhone that much better! I hope this answered any questions you may have had. To find out more about these services, check out the link below. Thanks for reading!
Ok, so getting to the initial point of the article, are these iPhone download services legal? In short, there is a lot of recent precedence that says they're not illegal. So now you're saying, "but I thought file sharing was a huge no-no?" Well that depends on a couple of things, how you use the technology, as well as the topology of the file sharing network. Liabilities fall on different parties in each case. You may have noticed the hype, the buzz, the hoopla, of peer to peer filing sharing has calmed down recently. Why?
Over the past few years, there have been several lawsuits involving file sharing software such as Morpheus, Grokster, Kazaa, the list goes on. Because of this, now there is plenty of legal precedence stating that the software itself is not illegal. How can this be? To answer this question, we have to explore how this software works, and compare it to how peer to peer used to work.
So, what's legal and what isn't? With the case of the aforementioned Napster, their network was set up in a way where a centralized server, or a central point where every search goes, was responsible for all song requests. The server would then send back a list of references where the user could download his or her music. Since the Napster assets were involved in every search, they were actively participating in the file sharing process. This got them in a lot of trouble. This is not how the iPhone download services at set up.
Now you're saying, ok ... so what's the legal way to do it? Here's your answer. A decentralized file sharing network is a peer to peer network not unlike a centralized network, with one KEY difference. As the name suggests, there is no central server, which means, if the software developer turns of his or her computer, the network can continue to run seamlessly, because the software does not rely on the centralized server to operate. The computers in the peer to peer network that have the software running send out the file references. This is way around the above problem. There have been many court cases in recent years citing that this type of file sharing network does nothing illegal.
The iPhone download services in question are all developed using the decentralized peer to peer file sharing topology described above, meaning the software is 100% legal for the company to distribute. There is one more question to answer however. How can YOU safely use the distributed software. Read on to find out.
The way to get in trouble with file sharing is by sharing hundreds or even thousands of different files. The reason behind this is because if you do that, everyone on the entire network has access to your shares, which means a lot of distributed material from your IP address. How do you stay safe with these iPhone download services? Simple. Disable your file sharing, or if your software won't allow it, simply move your downloads to a different folder. This will make sure you are not sharing all of your files with the rest of the peer to peer network and you'll be in the clear.
You'll also want to run a virus check on the files you download. With peer to peer networks, the developers don't have much control over what files are shared on their networks so sometimes an occasional spyware or trojans will be implanted in the media files. Run virus checks before installing your files on your brand new iPhone.
Take the above precautions and you'll have no trouble with iPhone download services and you'll be well on your way to making your iPhone that much better! I hope this answered any questions you may have had. To find out more about these services, check out the link below. Thanks for reading!
Is It Legal to Hack Your Wireless Network?
Once upon a time there was no choice when it came to your phone service. Not only did you have to get your service through Bell Systems, you had to rent the equipment from them too. Yes, you had to actually rent the phone that was plugged into the RJ-45 on your wall. A 1968 case where Carter Electronics took on Bell Systems resolved that problem when a judge ruled that third party equipment can be plugged in and used on the network that Bell Systems maintained and provided service on. A whole new communications industry was born and consumers were free to choose which equipment they wanted to use for communications.
The Bell System companies dragged their feet for many years after the Carterphone decision, still requiring customers to rent their equipment up until consumers fought them well into the late 70's. Even through that battle, we are still retreating back to the era where our communications options are becoming increasingly controlled in other arenas. Consumers are forced into contracts they don't want to be locked into, and to use phones only supplied by our wireless providers, Shouldn't the 1968 Carterfone decision make a difference in the wireless industry? Because of this case, shouldn't I as a consumer have the ability to use whatever equipment I want on a wireless network? How about a cable network? The Internet?
In the Carterfone case, the FCC cited their decision which stated that a subscriber's right to use the network in ways which are "privately beneficial without being publicly detrimental" applied to ALL TYPES OF EQUIPMENT. What does this mean? It means that everybody who subscribes to a service is able to use their own equipment in a way that benefits the subscriber as long as no other subscribers are affected. Without the Hush-A-Phone or Carterfone decisions, companies like AOL may have tried to rent us "the only computer that will work on the Internet." Electric companies could make a case for dictating which light bulbs you use. Gas companies might force you to buy their brand of furnaces.
Still today, most cable companies require their subscribers to rent a cable box you could buy your own. SIM card technology provides the ability to switch wireless phones whenever a person wants to, yet providers such as Verizon and Alltell fail to embrace this technology, forcing consumers to sign a new contract or spend exorbitant amounts of money to simply switch
As consumers we need to start demanding better of our service providers. AT&T and Sprint allow us to use SIM cards with most of their phones. We can go online and purchase a phone off Ebay, pop in the SIM card from an old phone and you're ready to go! There is alternative equipment that can be used on cable networks, but nobody really challenges cable companies when it comes to actually using it. We all just keep our mouths shut, dig in our pockets and fork over the extra $5 a month to rent the box. We have come along way since 1969. There are multiple phone carriers, wireless companies, and cable companies to choose from. But we can do better than being roped into paying a subscription fee on items we can buy ourselves or signing 2 year contracts just to get the latest smartphone. Remember it's supply and demand. Ultimately it should come down to the consumers wants and needs. Not what the provider is willing to give us.
The Bell System companies dragged their feet for many years after the Carterphone decision, still requiring customers to rent their equipment up until consumers fought them well into the late 70's. Even through that battle, we are still retreating back to the era where our communications options are becoming increasingly controlled in other arenas. Consumers are forced into contracts they don't want to be locked into, and to use phones only supplied by our wireless providers, Shouldn't the 1968 Carterfone decision make a difference in the wireless industry? Because of this case, shouldn't I as a consumer have the ability to use whatever equipment I want on a wireless network? How about a cable network? The Internet?
In the Carterfone case, the FCC cited their decision which stated that a subscriber's right to use the network in ways which are "privately beneficial without being publicly detrimental" applied to ALL TYPES OF EQUIPMENT. What does this mean? It means that everybody who subscribes to a service is able to use their own equipment in a way that benefits the subscriber as long as no other subscribers are affected. Without the Hush-A-Phone or Carterfone decisions, companies like AOL may have tried to rent us "the only computer that will work on the Internet." Electric companies could make a case for dictating which light bulbs you use. Gas companies might force you to buy their brand of furnaces.
Still today, most cable companies require their subscribers to rent a cable box you could buy your own. SIM card technology provides the ability to switch wireless phones whenever a person wants to, yet providers such as Verizon and Alltell fail to embrace this technology, forcing consumers to sign a new contract or spend exorbitant amounts of money to simply switch
As consumers we need to start demanding better of our service providers. AT&T and Sprint allow us to use SIM cards with most of their phones. We can go online and purchase a phone off Ebay, pop in the SIM card from an old phone and you're ready to go! There is alternative equipment that can be used on cable networks, but nobody really challenges cable companies when it comes to actually using it. We all just keep our mouths shut, dig in our pockets and fork over the extra $5 a month to rent the box. We have come along way since 1969. There are multiple phone carriers, wireless companies, and cable companies to choose from. But we can do better than being roped into paying a subscription fee on items we can buy ourselves or signing 2 year contracts just to get the latest smartphone. Remember it's supply and demand. Ultimately it should come down to the consumers wants and needs. Not what the provider is willing to give us.
The Legality Of P2P File Sharing Software
The legality of free p2p file sharing software has always been in question, and the p2p networks have been in the news again recently: when are they ever out of it! I have made my views known about those that make a fortune from us while breaking the law themselves with their drug-taking and other anti-social activities, but what exactly is the legal situation?
Peer to peer file sharing is not illegal. That is fact! A few friends sharing files online between themselves is no more illegal than them swapping CDs or DVDs. Where the confusion arises is the scale. At what scale of sharing does it become illegal, rather than just people swapping their belongings.
It is certainly illegal when individuals, or even companies, download material using p2p software in order to create CDs and DVDs for sale in the same way that is was illegal for these same people to copy audio tapes for sale. That is understandable and nobody could realistically condone such behaviour. It is no illegal, however, for you to allow others to copy files from your computer as long as you are not doing so for gain. However, if these files are copyrighted, it is illegal for the copier to copy them.
There appears to have been a distinction made between downloading other’s files and swapping their physical hardware. In other words, you can give your friend your Elton John album in exchange for his Prodigy album, but not for you to download a copy of his album, and he yours.
Perhaps rightly so, and I believe most would agree were it not for the double standards being operated, and the lack of firm direction on behalf of the artists themselves. Artists who are more than happy to have their work downloaded by interested listeners or viewers when they are trying to make their name, but take the opposite view once these same fans have promoted them to the position that they desired.
Actual court cases have been sending out mixed signals over the years, though it is a fact that breaking of copyright is illegal. P2P file sharing is not illegal as long as the files being shared are not copyrighted. However, most movies, videos and MP3s that are downloaded are done so illegally. The vast majority of P2P software is being used illegally, but if you consider the number of downloads compared to those actually prosecuted, you have a higher chance of being killed by a coconut falling on your head than you have of being prosecuted for an illegal download.
The important thing is that you don’t overdo it, and make a business of recording the downloads onto disks and selling them. These are the people the music and video companies are mostly after, though it is true that a few high school kids have also been fined. They are by far in the minority though.
You can reduce the risk if you download but do not share. If you own p2p software, then turn of the file-sharing option that allows others to access your hard disk while your computer is switched on. Just about every peer to peer file sharing software package allows you to switch this off. The authorities are looking for those who commercialize their downloads in a big way by compiling pirate albums, and those who share thousands of files on their computer with others throughout the internet.
In order not to break the law, do not download any music or video file that does not specifically give permission. Many artists, bands and new film makers do give this permission, if not in actual writing, then at least tacitly. This is especially true of those up and coming artists who want to have their work published throughout the internet. A lot of single tracks from albums are offered for free download in the hope that the listener or viewer will purchase the whole thing. If you decide to break the law, then the chance you take is minimal. But you never know . . .
However, it is ludicrous that drug-taking lawbreakers should be complaining about others breaking the law. These same people would have been delighted at having their work downloaded before they were famous, and that is one of the major benefits of file sharing to young or new artists. They get their work and their name known by offering their products free of charge to those that want to download it, and many do.
However, once they have made their name they rapidly pull the plug on the free downloads, and those who supported them when they were struggling suddenly find themselves breaking the law. Little wonder that the legal eagles the world over cannot agree on what is allowed and not allowed.
Certainly, copyright should not be infringed, but hypocrisy should not be allowed to prevail over people who wish to listen to single tracks that they would otherwise find impossible to access. There should surely be little wrong with an individual downloading a track otherwise unavailable, and then purchasing tickets to watch their idols (or perhaps ‘idles’?) playing or singing live.
In case anyone laughs at this interpretation of one of the main uses of file sharing, it is in fact what happens in many cases. Why should somebody have to purchase a complete album to determine whether or not a particular artist is worth listening to for a $100 ticket for a live show?
If used properly, peer to peer file sharing and downloading can be used to the advantage of the artist. Rather than complaining that high school kids can make better use of the internet than them, media moguls should waken up and realise that the second decade of the 21st century is only 3 years away while they are still living in the 20th.
Peer to peer file sharing is not illegal. That is fact! A few friends sharing files online between themselves is no more illegal than them swapping CDs or DVDs. Where the confusion arises is the scale. At what scale of sharing does it become illegal, rather than just people swapping their belongings.
It is certainly illegal when individuals, or even companies, download material using p2p software in order to create CDs and DVDs for sale in the same way that is was illegal for these same people to copy audio tapes for sale. That is understandable and nobody could realistically condone such behaviour. It is no illegal, however, for you to allow others to copy files from your computer as long as you are not doing so for gain. However, if these files are copyrighted, it is illegal for the copier to copy them.
There appears to have been a distinction made between downloading other’s files and swapping their physical hardware. In other words, you can give your friend your Elton John album in exchange for his Prodigy album, but not for you to download a copy of his album, and he yours.
Perhaps rightly so, and I believe most would agree were it not for the double standards being operated, and the lack of firm direction on behalf of the artists themselves. Artists who are more than happy to have their work downloaded by interested listeners or viewers when they are trying to make their name, but take the opposite view once these same fans have promoted them to the position that they desired.
Actual court cases have been sending out mixed signals over the years, though it is a fact that breaking of copyright is illegal. P2P file sharing is not illegal as long as the files being shared are not copyrighted. However, most movies, videos and MP3s that are downloaded are done so illegally. The vast majority of P2P software is being used illegally, but if you consider the number of downloads compared to those actually prosecuted, you have a higher chance of being killed by a coconut falling on your head than you have of being prosecuted for an illegal download.
The important thing is that you don’t overdo it, and make a business of recording the downloads onto disks and selling them. These are the people the music and video companies are mostly after, though it is true that a few high school kids have also been fined. They are by far in the minority though.
You can reduce the risk if you download but do not share. If you own p2p software, then turn of the file-sharing option that allows others to access your hard disk while your computer is switched on. Just about every peer to peer file sharing software package allows you to switch this off. The authorities are looking for those who commercialize their downloads in a big way by compiling pirate albums, and those who share thousands of files on their computer with others throughout the internet.
In order not to break the law, do not download any music or video file that does not specifically give permission. Many artists, bands and new film makers do give this permission, if not in actual writing, then at least tacitly. This is especially true of those up and coming artists who want to have their work published throughout the internet. A lot of single tracks from albums are offered for free download in the hope that the listener or viewer will purchase the whole thing. If you decide to break the law, then the chance you take is minimal. But you never know . . .
However, it is ludicrous that drug-taking lawbreakers should be complaining about others breaking the law. These same people would have been delighted at having their work downloaded before they were famous, and that is one of the major benefits of file sharing to young or new artists. They get their work and their name known by offering their products free of charge to those that want to download it, and many do.
However, once they have made their name they rapidly pull the plug on the free downloads, and those who supported them when they were struggling suddenly find themselves breaking the law. Little wonder that the legal eagles the world over cannot agree on what is allowed and not allowed.
Certainly, copyright should not be infringed, but hypocrisy should not be allowed to prevail over people who wish to listen to single tracks that they would otherwise find impossible to access. There should surely be little wrong with an individual downloading a track otherwise unavailable, and then purchasing tickets to watch their idols (or perhaps ‘idles’?) playing or singing live.
In case anyone laughs at this interpretation of one of the main uses of file sharing, it is in fact what happens in many cases. Why should somebody have to purchase a complete album to determine whether or not a particular artist is worth listening to for a $100 ticket for a live show?
If used properly, peer to peer file sharing and downloading can be used to the advantage of the artist. Rather than complaining that high school kids can make better use of the internet than them, media moguls should waken up and realise that the second decade of the 21st century is only 3 years away while they are still living in the 20th.
Thursday, August 2, 2007
Why Site Owners Must Know California Internet Regulations
Most sites on the web are at least faintly familiar with the implementation of legal regulations related to their sites. Most, however, have never heard of the California Catch-22.
Most sites tend to view complying with legal regulations as a somewhat amorphous subject. You know you are supposed to do something, but are not particularly sure why or what to do. This leads to the rather humorous situation where many sites have terms and conditions that are completely inapplicable the what they are doing and also look startlingly similar to terms and conditions found on other sites. One might even imagine a bit of “cut and paste” was going on, but who am I to say!
Much of the confusion is understandable. It comes from the lack of clear legal directives by the federal government. In most areas, you get vague “suggestions” put forth by an impotent FTC.
Interestingly, one state has taken over for the federal government – California. Because the right of privacy is actually mentioned in the constitution of the state, unlike in the federal version, the state has passed numerous laws regulating how sites must handle visitors information from a privacy perspective, sales information, security efforts and so on. Frankly, it is a pretty amazing that a group of state politicians managed to pull it off. There are laws ranging from how a privacy policy must be set up to requirements that you disclose identify theft events to the media. This is why you see major companies issuing press releases about security breaches leading to identify theft.
As a site owner located outside of California, you are probably wondering why you should care about the laws of California. Well, you better be in compliance because California has a unique way of defining what sites the laws apply to. Nearly all of the relevant California legislation contains provisions defining jurisdiction by the visitor, not the site.
So, what does this mean in plain English? You must comply with the laws if you have any customers that are residents of California or from which you obtain certain types of information. If you make a sale to a California resident, you must comply. If you collect the name, email address and so on as part of creating a newsletter mailing list, you must comply!
Given the size of the California population, it is the rare site that never makes a sale or collects information from a California resident. In short, you need to comply with everything from the California Online Privacy Protect Act to the various identify theft prevention and notice regulations. Fail to do so, and it can come back to haunt you when things go wrong.
Most sites tend to view complying with legal regulations as a somewhat amorphous subject. You know you are supposed to do something, but are not particularly sure why or what to do. This leads to the rather humorous situation where many sites have terms and conditions that are completely inapplicable the what they are doing and also look startlingly similar to terms and conditions found on other sites. One might even imagine a bit of “cut and paste” was going on, but who am I to say!
Much of the confusion is understandable. It comes from the lack of clear legal directives by the federal government. In most areas, you get vague “suggestions” put forth by an impotent FTC.
Interestingly, one state has taken over for the federal government – California. Because the right of privacy is actually mentioned in the constitution of the state, unlike in the federal version, the state has passed numerous laws regulating how sites must handle visitors information from a privacy perspective, sales information, security efforts and so on. Frankly, it is a pretty amazing that a group of state politicians managed to pull it off. There are laws ranging from how a privacy policy must be set up to requirements that you disclose identify theft events to the media. This is why you see major companies issuing press releases about security breaches leading to identify theft.
As a site owner located outside of California, you are probably wondering why you should care about the laws of California. Well, you better be in compliance because California has a unique way of defining what sites the laws apply to. Nearly all of the relevant California legislation contains provisions defining jurisdiction by the visitor, not the site.
So, what does this mean in plain English? You must comply with the laws if you have any customers that are residents of California or from which you obtain certain types of information. If you make a sale to a California resident, you must comply. If you collect the name, email address and so on as part of creating a newsletter mailing list, you must comply!
Given the size of the California population, it is the rare site that never makes a sale or collects information from a California resident. In short, you need to comply with everything from the California Online Privacy Protect Act to the various identify theft prevention and notice regulations. Fail to do so, and it can come back to haunt you when things go wrong.
Issues With Trademarking Your Domain Name
Protecting intellectual property rights should be a critical step for any business. With an online business, protecting a domain name is all the more critical.
Nothing is more aggravating than having someone infringe upon your domain name. The question for many sites, then, is how to go about protecting the domain. Filing for a trademark is one of the more popular and effective methods, but it is important to understand there are some issues that can come up.
First and foremost, a domain name may only be trademarked if it is more than just an address pointing people to a site. This is often shown by matching the domain name to the actual name of the business and then incorporating it into the page of the site. Let’s look at a classic example.
Google is obviously a distinct trademark. The title “Google” is a trademarkable domain for two reasons. First, it is distinct. Second, it is both the domain name and the name of the business. Let’s assume Google was located at a different domain. Say the domain was se3598xeifp[dot]com. This new domain would not be trademarkable because it did nothing more than point the viewer to the site in question. The phrase “Google” still would.
Another area that causes some confusion is the suffix of the domain. The suffix is the ending, usually com or net. Can you register a domain and include these suffixes? Many are surprised to learn that it is fairly difficult to do so. Why? Well, none of us have any exclusive rights to the “com”, “net” or other suffixes out there. As such, the Trademark Office tends to dislike allowing their inclusion in marks. It can be done, but you should expect to wrestle with them over it.
A final area of some confusion has to do with geographic descriptions. If you use a domain with a city, state or country in it, you are going to have problems. The Trademark Office does not allow people to poach upon municipalities or other defined areas. Sorry, but you can’t register NewYorkCity[dot].com.
At the end of the day, trademarking your domain name makes absolute senses if you can meet the relevant requirements. Said protection can be a powerful tool in helping you fight off third parties trying to poach on your name and reputation.
Nothing is more aggravating than having someone infringe upon your domain name. The question for many sites, then, is how to go about protecting the domain. Filing for a trademark is one of the more popular and effective methods, but it is important to understand there are some issues that can come up.
First and foremost, a domain name may only be trademarked if it is more than just an address pointing people to a site. This is often shown by matching the domain name to the actual name of the business and then incorporating it into the page of the site. Let’s look at a classic example.
Google is obviously a distinct trademark. The title “Google” is a trademarkable domain for two reasons. First, it is distinct. Second, it is both the domain name and the name of the business. Let’s assume Google was located at a different domain. Say the domain was se3598xeifp[dot]com. This new domain would not be trademarkable because it did nothing more than point the viewer to the site in question. The phrase “Google” still would.
Another area that causes some confusion is the suffix of the domain. The suffix is the ending, usually com or net. Can you register a domain and include these suffixes? Many are surprised to learn that it is fairly difficult to do so. Why? Well, none of us have any exclusive rights to the “com”, “net” or other suffixes out there. As such, the Trademark Office tends to dislike allowing their inclusion in marks. It can be done, but you should expect to wrestle with them over it.
A final area of some confusion has to do with geographic descriptions. If you use a domain with a city, state or country in it, you are going to have problems. The Trademark Office does not allow people to poach upon municipalities or other defined areas. Sorry, but you can’t register NewYorkCity[dot].com.
At the end of the day, trademarking your domain name makes absolute senses if you can meet the relevant requirements. Said protection can be a powerful tool in helping you fight off third parties trying to poach on your name and reputation.
Get Sued By Competitors for Lying On Your Privacy Policy
Many sites put up privacy policies without giving them much thought. Once up, they are often forgotten about even if the policy is later changed. This can lead to disaster as one recent case showed.
You probably are not surprised to learn that lying in your privacy policy can get you into trouble. You will definitely be surprised to learn, however, that your competitors could be the parties suing you. Even worse, they could sue you for millions and win! How could this be? It all boils down to competition. In this case, claims of unfair competition.
The Lanham Act is a federal law that established rules related to unfair competition. Part of the language of the Act prohibits businesses from using false statements that a consumer may use in deciding to use the business instead of a competitor. This can include your privacy policy. If you state in your privacy policy that you do not share visitor information with third parties, but then do so, you are making the false statement called for in the Lanham Act.
For this to get you in trouble, however, the false statement must give you an advantage over competitors, to wit, your competitors admit they give visitor information to others. Making the determination in court is a question of fact, which means a jury will decide. Regardless, it is a risky proposition.
Getting rid of the technical legal jargon, the use of the Lanham Act in relation to privacy policies on sites is all about privacy. Between phishing, email and other online scams, many people are nervous about providing their personal information to sites. Along with this heightened public awareness comes a new unique selling position for sites – assuring privacy! Simply put, more people are likely to use a site that does not share their information with third parties than one that admits it does. If false assurances are given, the advantage is gained without merit, which is where a claim under the Lanham Act comes in.
You probably are not surprised to learn that lying in your privacy policy can get you into trouble. You will definitely be surprised to learn, however, that your competitors could be the parties suing you. Even worse, they could sue you for millions and win! How could this be? It all boils down to competition. In this case, claims of unfair competition.
The Lanham Act is a federal law that established rules related to unfair competition. Part of the language of the Act prohibits businesses from using false statements that a consumer may use in deciding to use the business instead of a competitor. This can include your privacy policy. If you state in your privacy policy that you do not share visitor information with third parties, but then do so, you are making the false statement called for in the Lanham Act.
For this to get you in trouble, however, the false statement must give you an advantage over competitors, to wit, your competitors admit they give visitor information to others. Making the determination in court is a question of fact, which means a jury will decide. Regardless, it is a risky proposition.
Getting rid of the technical legal jargon, the use of the Lanham Act in relation to privacy policies on sites is all about privacy. Between phishing, email and other online scams, many people are nervous about providing their personal information to sites. Along with this heightened public awareness comes a new unique selling position for sites – assuring privacy! Simply put, more people are likely to use a site that does not share their information with third parties than one that admits it does. If false assurances are given, the advantage is gained without merit, which is where a claim under the Lanham Act comes in.
What is Cybersquatting and What Can Be Done About It? ACPA or UDRP?
Have you ever had a third party register a domain name that is either exactly the same or very similar to your trademark? If so, it may be a Cybersquatting issue. Cybersquatting is registering, trafficking in, or using a domain name with a bad-faith intent to profit from the goodwill of a trademark belonging to someone else. To address this issue, Congress enacted what is known as the Anticybersquatting Consumer Protection Act ("ACPA"). The ACPA amended the Lanham Act by providing trademark owners with a civil remedy against cybersquatting.
If you’re not sure how this may affect your business, let’s run through some examples. The typical scenario is that the name of your product, or your company name is a registered trademark (or a strong common law trademark). However, you failed to register the domain name for whatever reason. Joe Schmo cybersquatter decides to beat you to the punch and registers the domain name of your trademark. He may have even registered plural versions or misspellings of your trademark as well (this is known as typosquatting). Joe Schmo cybersquatter is simply holding the domain name for ransom hoping to sell it back to you for a nice profit, or he may decide to keep domain name knowing that he will get a lot of traffic to his websites. The cybersquatter may sell products similar to yours or is simply engaged in affiliate marketing and makes money off of the clicks on his website. These situations can obviously cause consumer confusion and can easily cause lost profits to your company and dilution of your trademark(s) as well.
One avenue of recourse is filing an ACPA claim in federal court. The Plaintiff in an Anti-Cybersquatting suit must establish:
1. The Defendant has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark; 2. registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or
(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506
It’s important to distinguish cases in which the cybersquatter is obviously acting in bad faith, from situations in which the individual simply registered the domain name with the intent of doing something else with it that is unrelated to trademark owner’s goods and/or services.
The ACPA excludes a finding of bad faith where the domain name holder reasonably believed that the use was “fair use” or otherwise lawful. Accordingly, bad faith is the biggest component in an ACPA claim. So what is bad faith? There are several elements the federal courts will consider such as:
The trademark ownership rights held by the mark owner; The closeness of the domain name and the cybersquatter’s name; The cybersquatter’s commercial use of the domain name for access to a web site; The cybersquatter’s intent to divert web traffic from the mark owner; The cybersquatter’s offer to sell the domain name to the mark owner; Whether the cybersquatter gave misleading information in registering the domain name; and Similar or repeated cybersquatting on other marks.
For example, in Hasbro Inc. v. Clue Computing Inc. [66 F. Supp.2d 177 (D. Mass 2000)], the district court held that Clue Computing’s use of its registered domain name clue.com, was in fair use, despite Hasbro’s existing registration of the trademark “Clue” for its famous board game. The two company’s fields in which the names were used were not related; Clue Computing had registered the disputed domain name first, used it in legitimate commerce, and not attempted to sell the domain name to Hasbro.
UDRP or ACPA?
So if you’ve concluded that someone has cybersquatted one of your trademarks, should you file a ACPA lawsuit? Before doing so, you should consult with your intellectual property attorney about other avenues such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“). UDPR is an ICANN-approved arbitration that resolves domain name disputes submitted to ICANN for resolution. Very often (nearly 75% of UDRP cases) results in the cancellation of the cybersquatter’s domain name registration. The standards to establish cybersquatting in UDRP cases for wrongful registration is very similar to ACPA’s standards. Furthermore, UDRP proceedings are typically much less expensive and quicker (about 2-3 months total compared to ACPA which is federal litigation and may take years if not settled before trial). Another advantage with the UDRP is that it’s well suited for international domain name disputes because the hearings are ex parte (based only on filed documents; no witnesses or parties are present). UDRP can be used in addition to an ACPA litigation or possibly done before or after an ACPA ruling because UDRP rulings are not binding upon the courts. Also, UDRP findings may be appealed. This is a departure from most arbitration practice (www.icann.org/udrp).
However, the remedies in UDRP proceedings are limited to only transfers of the domain name. Compared to an ACPA litigation, the Plaintiff may obtain monetary damages, attorney’s fees and costs (in exceptional cases), and/or an injunction, in addition to the cancellation or transfer of the improper web domain name to the original owner. Furthermore, under ACPA the Plaintiff has the option of suing for statutory damages for $1,000 to $100,000, as the court deems just under the circumstances.
If you’re not sure how this may affect your business, let’s run through some examples. The typical scenario is that the name of your product, or your company name is a registered trademark (or a strong common law trademark). However, you failed to register the domain name for whatever reason. Joe Schmo cybersquatter decides to beat you to the punch and registers the domain name of your trademark. He may have even registered plural versions or misspellings of your trademark as well (this is known as typosquatting). Joe Schmo cybersquatter is simply holding the domain name for ransom hoping to sell it back to you for a nice profit, or he may decide to keep domain name knowing that he will get a lot of traffic to his websites. The cybersquatter may sell products similar to yours or is simply engaged in affiliate marketing and makes money off of the clicks on his website. These situations can obviously cause consumer confusion and can easily cause lost profits to your company and dilution of your trademark(s) as well.
One avenue of recourse is filing an ACPA claim in federal court. The Plaintiff in an Anti-Cybersquatting suit must establish:
1. The Defendant has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark; 2. registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or
(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506
It’s important to distinguish cases in which the cybersquatter is obviously acting in bad faith, from situations in which the individual simply registered the domain name with the intent of doing something else with it that is unrelated to trademark owner’s goods and/or services.
The ACPA excludes a finding of bad faith where the domain name holder reasonably believed that the use was “fair use” or otherwise lawful. Accordingly, bad faith is the biggest component in an ACPA claim. So what is bad faith? There are several elements the federal courts will consider such as:
The trademark ownership rights held by the mark owner; The closeness of the domain name and the cybersquatter’s name; The cybersquatter’s commercial use of the domain name for access to a web site; The cybersquatter’s intent to divert web traffic from the mark owner; The cybersquatter’s offer to sell the domain name to the mark owner; Whether the cybersquatter gave misleading information in registering the domain name; and Similar or repeated cybersquatting on other marks.
For example, in Hasbro Inc. v. Clue Computing Inc. [66 F. Supp.2d 177 (D. Mass 2000)], the district court held that Clue Computing’s use of its registered domain name clue.com, was in fair use, despite Hasbro’s existing registration of the trademark “Clue” for its famous board game. The two company’s fields in which the names were used were not related; Clue Computing had registered the disputed domain name first, used it in legitimate commerce, and not attempted to sell the domain name to Hasbro.
UDRP or ACPA?
So if you’ve concluded that someone has cybersquatted one of your trademarks, should you file a ACPA lawsuit? Before doing so, you should consult with your intellectual property attorney about other avenues such as the Uniform Domain Name Dispute Resolution Policy (“UDRP“). UDPR is an ICANN-approved arbitration that resolves domain name disputes submitted to ICANN for resolution. Very often (nearly 75% of UDRP cases) results in the cancellation of the cybersquatter’s domain name registration. The standards to establish cybersquatting in UDRP cases for wrongful registration is very similar to ACPA’s standards. Furthermore, UDRP proceedings are typically much less expensive and quicker (about 2-3 months total compared to ACPA which is federal litigation and may take years if not settled before trial). Another advantage with the UDRP is that it’s well suited for international domain name disputes because the hearings are ex parte (based only on filed documents; no witnesses or parties are present). UDRP can be used in addition to an ACPA litigation or possibly done before or after an ACPA ruling because UDRP rulings are not binding upon the courts. Also, UDRP findings may be appealed. This is a departure from most arbitration practice (www.icann.org/udrp).
However, the remedies in UDRP proceedings are limited to only transfers of the domain name. Compared to an ACPA litigation, the Plaintiff may obtain monetary damages, attorney’s fees and costs (in exceptional cases), and/or an injunction, in addition to the cancellation or transfer of the improper web domain name to the original owner. Furthermore, under ACPA the Plaintiff has the option of suing for statutory damages for $1,000 to $100,000, as the court deems just under the circumstances.
Legal Music Downloading
Internet Music downloads have come a long way in a small amount of time. Just a few years ago music companies and individual artist were in an uproar over music download sites. Music download sites such as Napster allowed online users to share and download music for free. Many individual citizens that would never consider doing something illegal figured it was okay to get the music for free and stopped buying it in stores!.
The trend became so popular record sales took a nose dive and companies and artist were out of millions in potential revenue. The music industry fought back and Napster as well as similar sites were accused of stealing music, and forced to close up their businesses.
They may have been down but they were not out for the count! Napster and similar websites revamped and came back this time offering one hundred percent legal music downloads and still free to join.
Legal music downloads are becoming more and more popular due to the rise of the MP3 player. The digital revolution made buying legal music downloads a must for many people. People no longer feel its okay to get music for free especially with the risk of persecution. This new attitude has helped the industry continue to expand. Some people still choose to get free music downloads through illegal means but more often than not they pay the price.
There are still many Internet sites that offer music for free. But as the old adage goes you get what you pay for. This “free” music comes with a very heavy price. Most of it is littered with spyware and viruses that could cause permanent damage to your computer. Every single time you download music from such sites you are putting your computer at risk and you could even have charges filed against you for stealing music.
The trend became so popular record sales took a nose dive and companies and artist were out of millions in potential revenue. The music industry fought back and Napster as well as similar sites were accused of stealing music, and forced to close up their businesses.
They may have been down but they were not out for the count! Napster and similar websites revamped and came back this time offering one hundred percent legal music downloads and still free to join.
Legal music downloads are becoming more and more popular due to the rise of the MP3 player. The digital revolution made buying legal music downloads a must for many people. People no longer feel its okay to get music for free especially with the risk of persecution. This new attitude has helped the industry continue to expand. Some people still choose to get free music downloads through illegal means but more often than not they pay the price.
There are still many Internet sites that offer music for free. But as the old adage goes you get what you pay for. This “free” music comes with a very heavy price. Most of it is littered with spyware and viruses that could cause permanent damage to your computer. Every single time you download music from such sites you are putting your computer at risk and you could even have charges filed against you for stealing music.
iPhone Download Services - Are They Legal?
Since Napster revolutionized the file sharing industry in 1999, peer to peer services have been popping up all over. Movie sharing services were soon to follow with services such as Bittorrent as broadband capabilities spread. With the recent introduction of the iPhone, many iPhone peer to peer networks have come about. The question lingering in many consumers minds is... are these iPhone download services legal? In the following paragraphs, we'll discuss what is legal and what isn't, as well as why.
Ok, so getting to the initial point of the article, are these iPhone download services legal? In short, there is a lot of recent precedence that says they're not illegal. So now you're saying, "but I thought file sharing was a huge no-no?" Well that depends on a couple of things, how you use the technology, as well as the topology of the file sharing network. Liabilities fall on different parties in each case. You may have noticed the hype, the buzz, the hoopla, of peer to peer filing sharing has calmed down recently. Why?
Over the past few years, there have been several lawsuits involving file sharing software such as Morpheus, Grokster, Kazaa, the list goes on. Because of this, now there is plenty of legal precedence stating that the software itself is not illegal. How can this be? To answer this question, we have to explore how this software works, and compare it to how peer to peer used to work.
So, what's legal and what isn't? With the case of the aforementioned Napster, their network was set up in a way where a centralized server, or a central point where every search goes, was responsible for all song requests. The server would then send back a list of references where the user could download his or her music. Since the Napster assets were involved in every search, they were actively participating in the file sharing process. This got them in a lot of trouble. This is not how the iPhone download services at set up.
Now you're saying, ok ... so what's the legal way to do it? Here's your answer. A decentralized file sharing network is a peer to peer network not unlike a centralized network, with one KEY difference. As the name suggests, there is no central server, which means, if the software developer turns of his or her computer, the network can continue to run seamlessly, because the software does not rely on the centralized server to operate. The computers in the peer to peer network that have the software running send out the file references. This is way around the above problem. There have been many court cases in recent years citing that this type of file sharing network does nothing illegal.
The iPhone download services in question are all developed using the decentralized peer to peer file sharing topology described above, meaning the software is 100% legal for the company to distribute. There is one more question to answer however. How can YOU safely use the distributed software. Read on to find out.
The way to get in trouble with file sharing is by sharing hundreds or even thousands of different files. The reason behind this is because if you do that, everyone on the entire network has access to your shares, which means a lot of distributed material from your IP address. How do you stay safe with these iPhone download services? Simple. Disable your file sharing, or if your software won't allow it, simply move your downloads to a different folder. This will make sure you are not sharing all of your files with the rest of the peer to peer network and you'll be in the clear.
You'll also want to run a virus check on the files you download. With peer to peer networks, the developers don't have much control over what files are shared on their networks so sometimes an occasional spyware or trojans will be implanted in the media files. Run virus checks before installing your files on your brand new iPhone.
Take the above precautions and you'll have no trouble with iPhone download services and you'll be well on your way to making your iPhone that much better! I hope this answered any questions you may have had. To find out more about these services, check out the link below. Thanks for reading!
Ok, so getting to the initial point of the article, are these iPhone download services legal? In short, there is a lot of recent precedence that says they're not illegal. So now you're saying, "but I thought file sharing was a huge no-no?" Well that depends on a couple of things, how you use the technology, as well as the topology of the file sharing network. Liabilities fall on different parties in each case. You may have noticed the hype, the buzz, the hoopla, of peer to peer filing sharing has calmed down recently. Why?
Over the past few years, there have been several lawsuits involving file sharing software such as Morpheus, Grokster, Kazaa, the list goes on. Because of this, now there is plenty of legal precedence stating that the software itself is not illegal. How can this be? To answer this question, we have to explore how this software works, and compare it to how peer to peer used to work.
So, what's legal and what isn't? With the case of the aforementioned Napster, their network was set up in a way where a centralized server, or a central point where every search goes, was responsible for all song requests. The server would then send back a list of references where the user could download his or her music. Since the Napster assets were involved in every search, they were actively participating in the file sharing process. This got them in a lot of trouble. This is not how the iPhone download services at set up.
Now you're saying, ok ... so what's the legal way to do it? Here's your answer. A decentralized file sharing network is a peer to peer network not unlike a centralized network, with one KEY difference. As the name suggests, there is no central server, which means, if the software developer turns of his or her computer, the network can continue to run seamlessly, because the software does not rely on the centralized server to operate. The computers in the peer to peer network that have the software running send out the file references. This is way around the above problem. There have been many court cases in recent years citing that this type of file sharing network does nothing illegal.
The iPhone download services in question are all developed using the decentralized peer to peer file sharing topology described above, meaning the software is 100% legal for the company to distribute. There is one more question to answer however. How can YOU safely use the distributed software. Read on to find out.
The way to get in trouble with file sharing is by sharing hundreds or even thousands of different files. The reason behind this is because if you do that, everyone on the entire network has access to your shares, which means a lot of distributed material from your IP address. How do you stay safe with these iPhone download services? Simple. Disable your file sharing, or if your software won't allow it, simply move your downloads to a different folder. This will make sure you are not sharing all of your files with the rest of the peer to peer network and you'll be in the clear.
You'll also want to run a virus check on the files you download. With peer to peer networks, the developers don't have much control over what files are shared on their networks so sometimes an occasional spyware or trojans will be implanted in the media files. Run virus checks before installing your files on your brand new iPhone.
Take the above precautions and you'll have no trouble with iPhone download services and you'll be well on your way to making your iPhone that much better! I hope this answered any questions you may have had. To find out more about these services, check out the link below. Thanks for reading!
Monday, June 11, 2007
Nation's First National Computer Forensics Institute will be Located in Alabama
Computer forensics is becoming more mainstream in litigation and with the amendments to the Federal Rules of Civil Procedure on 12-1-2006, more cases will utilize these rules. With the expected increase in demand for qualified and trained law enforcement professionals, the first computer forensics institute has been announced and will be located in Hoover, Alabama. Construction of the facility is expected to begin by mid-April of 2007, with construction completed by January of 2008. Training is expected to begin in July 2007.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery
Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006. The types of electronically stored information that companies could be required to produce in a lawsuit range from docs, e-mails, voice mails, text messages and just about any digital information saved on a company's server, e-mail database or employee's desktop.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
What is Digital Rights Management (DRM)?
DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie. DRM is not just a copyright protection technique but a whole set of technologies that aim to implement the DRM strategy each distributor of digital content specifies. As an example, DRM can verify that the user that bought an audio file is actually the same user playing the file. DRM technology can also be used to limit the number of PCs a file can be played on. The major disadvantage of DRM is that these restrictions are not always clear when a user buys a digital product.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Is Your Spouse Lying?
You may have noticed some unusual behavior from your significant other such as spending a lot of time 'at work' or perhaps more time than normal 'out with friends'. These are the obvious signals that something could be going on. However, the more subtle indicators that you are being lied to are conveniently hidden from your view.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
e-mail
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Domain Name Theft
Are you losing visitors to your domain? Are your search engine rankings still yours?
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
Domain Name Dispute, What To Expect After You've Won
You file a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name. From this point, you would think everything would automatically fall into place, but more often than not, you will still have some work to do.
Under the domain name dispute policy, more specifically UDRP Policy Paragraph 4(K), it states that the registrar is required to implement the Panel’s decision 10 (ten) business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives information from the domain name registrant (Respondent) in that 10-day period that it is challenging.
Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you:
Establish an account for the domain name
Ensure the registrar updates the domain name servers (DNS)
Ensure the registrar provides you with an Authorization Code so that you can initiate the transfer of the registrar and modify the contact information
Initiate a request for the transfer of registrar using the Authorization Code
Note: most registrars have an automated process that requires confirmation from the Admin-C contact on the account.
Ensure the registrar updates the WHOIS database for the domain name to include your information for the Admin/Technical/Billing contact.
If you become a victim of domain name theft, winning your cybersquatting arbitration is key. Still, the domain name transfer process doesn’t always go as smoothly as it should and may require experienced cybersquatting lawyers to get the domain name back for you. This involves working with your IT person and the registrar, both new and old, to ensure the cybersquatting Panel’s decision is implemented.
Under the domain name dispute policy, more specifically UDRP Policy Paragraph 4(K), it states that the registrar is required to implement the Panel’s decision 10 (ten) business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives information from the domain name registrant (Respondent) in that 10-day period that it is challenging.
Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you:
Establish an account for the domain name
Ensure the registrar updates the domain name servers (DNS)
Ensure the registrar provides you with an Authorization Code so that you can initiate the transfer of the registrar and modify the contact information
Initiate a request for the transfer of registrar using the Authorization Code
Note: most registrars have an automated process that requires confirmation from the Admin-C contact on the account.
Ensure the registrar updates the WHOIS database for the domain name to include your information for the Admin/Technical/Billing contact.
If you become a victim of domain name theft, winning your cybersquatting arbitration is key. Still, the domain name transfer process doesn’t always go as smoothly as it should and may require experienced cybersquatting lawyers to get the domain name back for you. This involves working with your IT person and the registrar, both new and old, to ensure the cybersquatting Panel’s decision is implemented.
Subprime Mortgage Loan Fraud - How E-Discovery Can Uncover The Truth
"The subprime loan debacle will make it more difficult for borrowers to get mortgages and will cause U.S. home prices to fall this year for the first time on record", the National Association of Realtors said.
"The 2007 median price for an existing home likely will decline 0.7 percent to $220,300, the first drop since the real estate trade group began keeping records in 1968 and probably the first decline since the Great Depression," said Lawrence Yun, an economist with the Chicago-based association
With a few dozen of the big name lenders, New Century for example, either filing for bankruptcy or are in dire financial trouble... it seems as though the US Government is currently not willing to accept that this situation is a problem.
“Despite those warning signals the leadership of the Federal Reserve seemed to encourage the development and use of ARMs that, today, are defaulting and going into foreclosure at record rates,” said Chris Dodd, chairman of the Senate Banking committee.
As we saw with the Enron fiasco, it would seem that we should we be expecting to see a similar nightmare in the mortgage lending arena. The difference here is that people are not loosing their 401ks...instead, they are loosing their homes. As a result, federal regulators and legislators are trying to figure out how to help subprime mortgage borrowers who are facing foreclosure. In an effort to help homeowners, various State authorities also have opened fraud investigations against brokers and lenders for allegedly misleading home buyers about the terms and conditions of their loans. This fallout could potentially reshape the mortgage industry.
As more loans are defaulted on and as more lenders file for bankruptcy, there are various types of data may be considered as critical evidence in litigation. These types of data include:
e-mail
plain text and documents
calendar files
databases
spreadsheets
digital faxes
audio files
websites For litigators, this information can help them prove any misleading, potential criminal, or fraudulent business practices by a subprime loan lender. Once an E-Discovery data audit process has started, and a computer forensics or data recovery service implemented, there are the several tasks to complete which provide the electronic evidence in a format which the client and lawyers will accept.
"The 2007 median price for an existing home likely will decline 0.7 percent to $220,300, the first drop since the real estate trade group began keeping records in 1968 and probably the first decline since the Great Depression," said Lawrence Yun, an economist with the Chicago-based association
With a few dozen of the big name lenders, New Century for example, either filing for bankruptcy or are in dire financial trouble... it seems as though the US Government is currently not willing to accept that this situation is a problem.
“Despite those warning signals the leadership of the Federal Reserve seemed to encourage the development and use of ARMs that, today, are defaulting and going into foreclosure at record rates,” said Chris Dodd, chairman of the Senate Banking committee.
As we saw with the Enron fiasco, it would seem that we should we be expecting to see a similar nightmare in the mortgage lending arena. The difference here is that people are not loosing their 401ks...instead, they are loosing their homes. As a result, federal regulators and legislators are trying to figure out how to help subprime mortgage borrowers who are facing foreclosure. In an effort to help homeowners, various State authorities also have opened fraud investigations against brokers and lenders for allegedly misleading home buyers about the terms and conditions of their loans. This fallout could potentially reshape the mortgage industry.
As more loans are defaulted on and as more lenders file for bankruptcy, there are various types of data may be considered as critical evidence in litigation. These types of data include:
plain text and documents
calendar files
databases
spreadsheets
digital faxes
audio files
websites For litigators, this information can help them prove any misleading, potential criminal, or fraudulent business practices by a subprime loan lender. Once an E-Discovery data audit process has started, and a computer forensics or data recovery service implemented, there are the several tasks to complete which provide the electronic evidence in a format which the client and lawyers will accept.
Should Lawyers use Metadata?
I use Microsoft Word, Outlook, Excel and many other office programs. Do you use the same? What many of us to not know is that in each email and office file we create, we are also creating a hidden trail of data about our documents. These programs automatically save information such as who worked on the document, when and for how long was the document open, who printed the document, when was it printed and from what work station. In addition to personally identifying information, is private comments used for intra office use as well as a trail of all content that was deleted from a document. For those of us who are in the know, it is not difficult at all to retrieve some if not all of this information from every document that is sent to us. The question clearly beckons, should lawyers review metadata in documents? Is reviewing this data ethical, when the author of such data likely had no idea they were creating it?
Metadata by its definition is simply, data about data. It can contain all sort of identifying information. One of the easiest ways for metadata to be left in a document is for the comments section to leave the comments feature turned on. Similarly, if you leave track changes turned on, the receiving attorney can not only read confidential comments that were meant to be intra-office or privileged communications between he attorney and client, but also the attorney can see what content was deleted from the document.
In a recent American Bar Association opinion by its ethics committee, reviewing issues such as metadata sent to lawyers, the committee stated that reviewing metadata meets with the professional responsibility guidelines. 06-442 (August 5, 2006). The committee did add the footnote, “This opinion assumes that the receiving lawyer did not obtain the electronic documents in a manner that was criminal, fraudulent, deceitful, or otherwise improper, for example, by making a false statement of material fact to opposing counsel or to any other third person (Model Rule 4.1(a)), using a method of obtaining evidence that violated the legal rights of a third person (Model Rule 4.4(a)), or otherwise engaging in misconduct (Model Rule 8.4). Such scenarios are beyond the scope of this opinion.”
Perhaps even more interesting than the opinion itself, the committee stated that there is no specific language in the ABA Model Rules of Professional Conduct that would forbid an attorney from reviewing the metadata in electronic documents. The ABA Model Rules of Professional Conduct Rule 4.4(b) reads: “A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.” However, when an attorney receives a document that they requested, and the opposing counsel is negligent in removing or redacting information, it is not the job of the receiving attorney to censor what they read.
Is it negligent for an attorney to send an electronic document such as a Microsoft word document or archived email file without first scrubbing it for metadata? This question beckons an analysis of whether even in today’s technologically savvy business and legal environment, the reasonable attorney is aware of metadata and how it can possibly breach privilege by sending confidential comments, or reviling trade secrets, in addition to arming the opposing the counsel with great evidence for a deposition and cross examination. Does the attorney have a duty to scrub the file and does that duty extend to files sent to the attorney by the client to hold similar to an escrow agent holding funds? If there is a duty does simply sending a file breach that duty? Even if a breach occurred is there an injury to the attorney’s client and was the damage proximately caused by the breach where the attorney sent the document?
It is my contention that too much has been written on the existence of metadata in the past couple of years for someone to not know of its existence. Yet, to understand how to clear out metadata, or even all of the specific details it contains may fall outside the scope of what a reasonable attorney might know. As such, I would suggest that it is fair to review metadata, but at the same time, I believe it is also fair that you must inform the sender of their mistake.
Metadata by its definition is simply, data about data. It can contain all sort of identifying information. One of the easiest ways for metadata to be left in a document is for the comments section to leave the comments feature turned on. Similarly, if you leave track changes turned on, the receiving attorney can not only read confidential comments that were meant to be intra-office or privileged communications between he attorney and client, but also the attorney can see what content was deleted from the document.
In a recent American Bar Association opinion by its ethics committee, reviewing issues such as metadata sent to lawyers, the committee stated that reviewing metadata meets with the professional responsibility guidelines. 06-442 (August 5, 2006). The committee did add the footnote, “This opinion assumes that the receiving lawyer did not obtain the electronic documents in a manner that was criminal, fraudulent, deceitful, or otherwise improper, for example, by making a false statement of material fact to opposing counsel or to any other third person (Model Rule 4.1(a)), using a method of obtaining evidence that violated the legal rights of a third person (Model Rule 4.4(a)), or otherwise engaging in misconduct (Model Rule 8.4). Such scenarios are beyond the scope of this opinion.”
Perhaps even more interesting than the opinion itself, the committee stated that there is no specific language in the ABA Model Rules of Professional Conduct that would forbid an attorney from reviewing the metadata in electronic documents. The ABA Model Rules of Professional Conduct Rule 4.4(b) reads: “A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.” However, when an attorney receives a document that they requested, and the opposing counsel is negligent in removing or redacting information, it is not the job of the receiving attorney to censor what they read.
Is it negligent for an attorney to send an electronic document such as a Microsoft word document or archived email file without first scrubbing it for metadata? This question beckons an analysis of whether even in today’s technologically savvy business and legal environment, the reasonable attorney is aware of metadata and how it can possibly breach privilege by sending confidential comments, or reviling trade secrets, in addition to arming the opposing the counsel with great evidence for a deposition and cross examination. Does the attorney have a duty to scrub the file and does that duty extend to files sent to the attorney by the client to hold similar to an escrow agent holding funds? If there is a duty does simply sending a file breach that duty? Even if a breach occurred is there an injury to the attorney’s client and was the damage proximately caused by the breach where the attorney sent the document?
It is my contention that too much has been written on the existence of metadata in the past couple of years for someone to not know of its existence. Yet, to understand how to clear out metadata, or even all of the specific details it contains may fall outside the scope of what a reasonable attorney might know. As such, I would suggest that it is fair to review metadata, but at the same time, I believe it is also fair that you must inform the sender of their mistake.
FBI Online Cyber Crime Victims Form
The FBI has a convenient online Cyber Crime form for victims and/or the 3rd party to the complaint that is an easy-to-use reporting mechanism. A partnership has been formed with the FBI’s Internet Crime Complaint Center (IC3 formerly known as the Internet Fraud Complaint Center IFCC) and the National White Collar Crime Center (NW3C) for the combined objective of identifying and bringing to justice those responsible for online internet fraud.
The FBI-IC3's stated Mission regarding Cyber Crime is "to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime.” The IC3 provides the victims of cyber crime with an online reporting form that will be used to alert authorities of suspected criminal or civil violations. IC3 also provides their law enforcement partners and regulatory agencies at the federal, state, local and international level the internet related crime with information gathered through complaint forms to this centralized referral system.
In addition to partnering with law enforcement and regulatory agencies, it will remain a priority objective of the IC3 to establish effective alliances with industry. These alliances will enable the IC3 to leverage both the intelligence and subject matter required in identifying and crafting an aggressive, proactive approach to combating cyber crime.
The FBI-IC3's stated Mission regarding Cyber Crime is "to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime.” The IC3 provides the victims of cyber crime with an online reporting form that will be used to alert authorities of suspected criminal or civil violations. IC3 also provides their law enforcement partners and regulatory agencies at the federal, state, local and international level the internet related crime with information gathered through complaint forms to this centralized referral system.
In addition to partnering with law enforcement and regulatory agencies, it will remain a priority objective of the IC3 to establish effective alliances with industry. These alliances will enable the IC3 to leverage both the intelligence and subject matter required in identifying and crafting an aggressive, proactive approach to combating cyber crime.
Where is Immigration Help and NY Immigration?
Many people dream about migrating to US for better future. People believe that in case of some problems all types of Social Services are there to help them when they need money or any type of assistance. They think that USA is the land of the opportunities.
Little do they know that most blue collar workers will work 40 years for a company and then social security may provide them with enough for rent and that's about it. USA countries lack in Immigration lawyer services. They are very expensive. Not much people about the reality. They learn nothing of the realities so they pack up and move to US (New York). Of course the reality is a bit bitter to chew but by that time it is too late.
If these foreigners were educated about the realities of New York, then many of them will not head towards this country. Let them know what it is like for the working class at retirement in the US. The only way they will be able to live a good life over here is if they invest and save a large part of their earnings. People believe that USA is a flashy country for all aged people as what they see in media. They are seldom prepared for the reality of what is in store for them over here. It is still believe that US (New york) as this great land of opportunity where the citizenries take top priority. But this is not in all the cases. If they would take the time to establish some type of communications with a citizen here first then they might learn that things are not that great over here also and they feel a little disappointed. This is where USA failed big time, by letting our neighbors believe that we are all living this great citizenship NY Dream life.
Little do they know that most blue collar workers will work 40 years for a company and then social security may provide them with enough for rent and that's about it. USA countries lack in Immigration lawyer services. They are very expensive. Not much people about the reality. They learn nothing of the realities so they pack up and move to US (New York). Of course the reality is a bit bitter to chew but by that time it is too late.
If these foreigners were educated about the realities of New York, then many of them will not head towards this country. Let them know what it is like for the working class at retirement in the US. The only way they will be able to live a good life over here is if they invest and save a large part of their earnings. People believe that USA is a flashy country for all aged people as what they see in media. They are seldom prepared for the reality of what is in store for them over here. It is still believe that US (New york) as this great land of opportunity where the citizenries take top priority. But this is not in all the cases. If they would take the time to establish some type of communications with a citizen here first then they might learn that things are not that great over here also and they feel a little disappointed. This is where USA failed big time, by letting our neighbors believe that we are all living this great citizenship NY Dream life.
Best And Top New York Immigration Lawyer Of NY?
The term Immigration Lawyer is another very common term people are becoming aware of. But most of the detailed processing of Top Immigration lawyer is still not known to common man. An immigration lawyer is someone who possesses the knowledge of various laws pertaining to specifically to immigration. An immigration lawyer is a person who is well aware of various formalities involved into legal immigration from one country to another.He or she may also be called as Legal Representative for Immigration. An Immigration Lawyer thus help any one to immigrate by minimizing the effort and formalities on the applicants side.
An immigration lawyer directory can help you find the kind of lawyer you are looking for. Immigration Lawyer can be searched by state. It is possible to find an Immigration Lawyer in the telephone directory, but searching Immigration Lawyer over the internet search engines offer a better hit chance of gaining broader information coverage. Becoming a citizen is not necessarily an easy process and there is a lot of red tape and documentation one must get through before he or she can become a citizen of a country. Conversely, with the assistance of an attorney the process becomes a bit easier because you will have a skilled Immigration Lawyer working on your behalf to help you become a citizen.
To become a citizen of the United States you must understand what are the required formalities required for the whole Immigration Process. A lawyer will be familiar with the Naturalization Act of 1906, Sec 4 which indicates that an immigrant can only become a citizen after fulfilling certain legal obligations. There are certain time requirements, documents, and oaths that are required before one can become a citizen and an Immigration Lawyer can help you identify your responsibilities and can advise you how to proceed with the process. Moreover, an immigration lawyer can assist you in such a way that they minimize the problems or difficulties while applying for the Immigration formalities..
An immigration lawyer directory can help you find the kind of lawyer you are looking for. Immigration Lawyer can be searched by state. It is possible to find an Immigration Lawyer in the telephone directory, but searching Immigration Lawyer over the internet search engines offer a better hit chance of gaining broader information coverage. Becoming a citizen is not necessarily an easy process and there is a lot of red tape and documentation one must get through before he or she can become a citizen of a country. Conversely, with the assistance of an attorney the process becomes a bit easier because you will have a skilled Immigration Lawyer working on your behalf to help you become a citizen.
To become a citizen of the United States you must understand what are the required formalities required for the whole Immigration Process. A lawyer will be familiar with the Naturalization Act of 1906, Sec 4 which indicates that an immigrant can only become a citizen after fulfilling certain legal obligations. There are certain time requirements, documents, and oaths that are required before one can become a citizen and an Immigration Lawyer can help you identify your responsibilities and can advise you how to proceed with the process. Moreover, an immigration lawyer can assist you in such a way that they minimize the problems or difficulties while applying for the Immigration formalities..
Wednesday, May 30, 2007
Backup Tapes Can Help Your Case
Backup tapes are important. Aside from the fact that backup tapes can save a company's data in the event of a software failure, hard drive failure, or a database corruption... backing up a company's data on a regular basis should be a part of every IT department's disaster recovery plan.
As part of that plan, IT departments should test and validate that the backups are in fact backing up data and is able to be restored. Most companies assume that once the backup is running everything will be safe. However, not many IT departments routinely check the error logs to discover problems. And only when a disaster occurs do they realized that the scheduled backups have not been collecting all of the data.
From an IT point of view, the above is one of the hurdles they deal with on a daily basis. From a legal point of view, those backup tapes are even more valuable. Those tapes represent a snapshot in time for that company.
In a recent case, AAB Joint Venture v. United States, 2007 WL 646157 (Fed. Cl. Feb. 28, 2007), the court heard an argument regarding the a period of time (data) for which that data was not available. The defendant claimed that it had provided all e-mails related to the case. However, the court was not persuaded by defendant’s arguments, and agreed that defendant’s overall production of emails had been far from adequate. The court also said that, while cost was an issue for the court to consider in addressing a motion to compel, it was not the only consideration. The court continued with the following statement:
Here, because the Court finds that defendant had a duty to preserve evidence, as set forth below, the Court cannot relieve Defendant of its duty to produce those documents merely because Defendant has chosen a means to preserve the evidence which makes ultimate production of relevant documents expensive. Accordingly, the Court concludes that Defendant has not adequately responded to Plaintiff's requests for production of electronic documents and that supplementation of its response to Plaintiff's requests is necessary.
As the field of Computer Forensics and E-Discovery becomes more mainstream in litigation, more companies may find they need to take a look at what exactly is in the disaster recovery plan for both data loss and litigation.
As part of that plan, IT departments should test and validate that the backups are in fact backing up data and is able to be restored. Most companies assume that once the backup is running everything will be safe. However, not many IT departments routinely check the error logs to discover problems. And only when a disaster occurs do they realized that the scheduled backups have not been collecting all of the data.
From an IT point of view, the above is one of the hurdles they deal with on a daily basis. From a legal point of view, those backup tapes are even more valuable. Those tapes represent a snapshot in time for that company.
In a recent case, AAB Joint Venture v. United States, 2007 WL 646157 (Fed. Cl. Feb. 28, 2007), the court heard an argument regarding the a period of time (data) for which that data was not available. The defendant claimed that it had provided all e-mails related to the case. However, the court was not persuaded by defendant’s arguments, and agreed that defendant’s overall production of emails had been far from adequate. The court also said that, while cost was an issue for the court to consider in addressing a motion to compel, it was not the only consideration. The court continued with the following statement:
Here, because the Court finds that defendant had a duty to preserve evidence, as set forth below, the Court cannot relieve Defendant of its duty to produce those documents merely because Defendant has chosen a means to preserve the evidence which makes ultimate production of relevant documents expensive. Accordingly, the Court concludes that Defendant has not adequately responded to Plaintiff's requests for production of electronic documents and that supplementation of its response to Plaintiff's requests is necessary.
As the field of Computer Forensics and E-Discovery becomes more mainstream in litigation, more companies may find they need to take a look at what exactly is in the disaster recovery plan for both data loss and litigation.
Nation's First National Computer Forensics Institute will be Located in Alabama
Computer forensics is becoming more mainstream in litigation and with the amendments to the Federal Rules of Civil Procedure on 12-1-2006, more cases will utilize these rules. With the expected increase in demand for qualified and trained law enforcement professionals, the first computer forensics institute has been announced and will be located in Hoover, Alabama. Construction of the facility is expected to begin by mid-April of 2007, with construction completed by January of 2008. Training is expected to begin in July 2007.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery
Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006. The types of electronically stored information that companies could be required to produce in a lawsuit range from docs, e-mails, voice mails, text messages and just about any digital information saved on a company's server, e-mail database or employee's desktop.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
What is Digital Rights Management (DRM)?
DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie. DRM is not just a copyright protection technique but a whole set of technologies that aim to implement the DRM strategy each distributor of digital content specifies. As an example, DRM can verify that the user that bought an audio file is actually the same user playing the file. DRM technology can also be used to limit the number of PCs a file can be played on. The major disadvantage of DRM is that these restrictions are not always clear when a user buys a digital product.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Is Your Spouse Lying?
You may have noticed some unusual behavior from your significant other such as spending a lot of time 'at work' or perhaps more time than normal 'out with friends'. These are the obvious signals that something could be going on. However, the more subtle indicators that you are being lied to are conveniently hidden from your view.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
e-mail
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Domain Name Theft
Are you losing visitors to your domain? Are your search engine rankings still yours?
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host.
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host.
Thursday, May 24, 2007
Backup Tapes Can Help Your Case
Backup tapes are important. Aside from the fact that backup tapes can save a company's data in the event of a software failure, hard drive failure, or a database corruption... backing up a company's data on a regular basis should be a part of every IT department's disaster recovery plan.
As part of that plan, IT departments should test and validate that the backups are in fact backing up data and is able to be restored. Most companies assume that once the backup is running everything will be safe. However, not many IT departments routinely check the error logs to discover problems. And only when a disaster occurs do they realized that the scheduled backups have not been collecting all of the data.
From an IT point of view, the above is one of the hurdles they deal with on a daily basis. From a legal point of view, those backup tapes are even more valuable. Those tapes represent a snapshot in time for that company.
In a recent case, AAB Joint Venture v. United States, 2007 WL 646157 (Fed. Cl. Feb. 28, 2007), the court heard an argument regarding the a period of time (data) for which that data was not available. The defendant claimed that it had provided all e-mails related to the case. However, the court was not persuaded by defendant’s arguments, and agreed that defendant’s overall production of emails had been far from adequate. The court also said that, while cost was an issue for the court to consider in addressing a motion to compel, it was not the only consideration. The court continued with the following statement:
Here, because the Court finds that defendant had a duty to preserve evidence, as set forth below, the Court cannot relieve Defendant of its duty to produce those documents merely because Defendant has chosen a means to preserve the evidence which makes ultimate production of relevant documents expensive. Accordingly, the Court concludes that Defendant has not adequately responded to Plaintiff's requests for production of electronic documents and that supplementation of its response to Plaintiff's requests is necessary.
As the field of Computer Forensics and E-Discovery becomes more mainstream in litigation, more companies may find they need to take a look at what exactly is in the disaster recovery plan for both data loss and litigation.
As part of that plan, IT departments should test and validate that the backups are in fact backing up data and is able to be restored. Most companies assume that once the backup is running everything will be safe. However, not many IT departments routinely check the error logs to discover problems. And only when a disaster occurs do they realized that the scheduled backups have not been collecting all of the data.
From an IT point of view, the above is one of the hurdles they deal with on a daily basis. From a legal point of view, those backup tapes are even more valuable. Those tapes represent a snapshot in time for that company.
In a recent case, AAB Joint Venture v. United States, 2007 WL 646157 (Fed. Cl. Feb. 28, 2007), the court heard an argument regarding the a period of time (data) for which that data was not available. The defendant claimed that it had provided all e-mails related to the case. However, the court was not persuaded by defendant’s arguments, and agreed that defendant’s overall production of emails had been far from adequate. The court also said that, while cost was an issue for the court to consider in addressing a motion to compel, it was not the only consideration. The court continued with the following statement:
Here, because the Court finds that defendant had a duty to preserve evidence, as set forth below, the Court cannot relieve Defendant of its duty to produce those documents merely because Defendant has chosen a means to preserve the evidence which makes ultimate production of relevant documents expensive. Accordingly, the Court concludes that Defendant has not adequately responded to Plaintiff's requests for production of electronic documents and that supplementation of its response to Plaintiff's requests is necessary.
As the field of Computer Forensics and E-Discovery becomes more mainstream in litigation, more companies may find they need to take a look at what exactly is in the disaster recovery plan for both data loss and litigation.
Nation's First National Computer Forensics Institute will be Located in Alabama
Computer forensics is becoming more mainstream in litigation and with the amendments to the Federal Rules of Civil Procedure on 12-1-2006, more cases will utilize these rules. With the expected increase in demand for qualified and trained law enforcement professionals, the first computer forensics institute has been announced and will be located in Hoover, Alabama. Construction of the facility is expected to begin by mid-April of 2007, with construction completed by January of 2008. Training is expected to begin in July 2007.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
"With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available," said Governor Riley. "This center will make Alabama the nation's leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America's institution of excellence in the fight against cyber crimes."
The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.
U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.
Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery
Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006. The types of electronically stored information that companies could be required to produce in a lawsuit range from docs, e-mails, voice mails, text messages and just about any digital information saved on a company's server, e-mail database or employee's desktop.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
What is Digital Rights Management (DRM)?
DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie. DRM is not just a copyright protection technique but a whole set of technologies that aim to implement the DRM strategy each distributor of digital content specifies. As an example, DRM can verify that the user that bought an audio file is actually the same user playing the file. DRM technology can also be used to limit the number of PCs a file can be played on. The major disadvantage of DRM is that these restrictions are not always clear when a user buys a digital product.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Is Your Spouse Lying?
You may have noticed some unusual behavior from your significant other such as spending a lot of time 'at work' or perhaps more time than normal 'out with friends'. These are the obvious signals that something could be going on. However, the more subtle indicators that you are being lied to are conveniently hidden from your view.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
e-mail
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Domain Name Theft
Are you losing visitors to your domain? Are your search engine rankings still yours?
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host.
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host.
Tuesday, May 22, 2007
Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery
Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006. The types of electronically stored information that companies could be required to produce in a lawsuit range from docs, e-mails, voice mails, text messages and just about any digital information saved on a company's server, e-mail database or employee's desktop.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
IT departments, as well as corporate counsel, are not very well prepared for these changes. A recent study by Deloitte Financial Advisory Services in November 2006 found that nearly 70% of the respondents said they would require more training on their own corporate record retention policies and procedures. The respondents included CFOs, tax directors, finance directors, controllers and corporate counsel.
One way to reduce a company's risk is to implement an IT audit system. Employees tend to install additional programs to their computers often without the IT department's knowledge or approval. Instant messanger (IM) programs for example are readily available and most employees use these types of quick applications to chat with other employees as well as individuals outside of work. IMs are considered 'faster' than e-mail, but nonetheless is data being sent to and from somebody.
These 'text' messages are where companies can get in trouble. While most e-mail servers have traceable logs and backups, most employee desktop computers are not managed by the IT department and can have those features disabled. It is entirely possible for an employee (or employees) to have a lengthy conversation via text messages totally bypassing the company's e-mail server where text messages are expected to occur.
Voice mails and Flash drives are also quick methods to share information. Faxes can be sent to voice mail boxes and flash drives are a quick way to share files between computers not connected via a network.
It is these types of situations that a company can find itself in trouble when it comes to litigation. Companies should evaluate their network to find other such areas that may need attention and discuss their options on saving the data.
What is Digital Rights Management (DRM)?
DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie. DRM is not just a copyright protection technique but a whole set of technologies that aim to implement the DRM strategy each distributor of digital content specifies. As an example, DRM can verify that the user that bought an audio file is actually the same user playing the file. DRM technology can also be used to limit the number of PCs a file can be played on. The major disadvantage of DRM is that these restrictions are not always clear when a user buys a digital product.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Which Multimedia Formats Support DRM?
If you're expecting to see MP3 in this list, guess again. Due to it's open nature, the MP3 standard is unable to support DRM. Furthermore, there is no centralized coordination in the development and evolution of the MP3 format so don't expect digital music stores to offer songs in the MP3 format.
Advanced Audio Coding: The AAC format, used by iTunes and iPod, is based on Apple's QuickTime. It was originally designed as a replacement of the MP3, and can actually compress files better than the MP3 format can.
Windows Media Audio: WMA is a closed-source standard of digital music. It was designed to compete with the MP3 but in reality, it's actually AAC's main competitor, especially with regards to DRM support and buying music online. The latest version of WMA offers similar quality to that of AAC and better than that of MP3 files. This means that much smaller files can have CD quality. WMA is based on the ADvanced System Format (ASF) which can integrate different streams of audio and video as long as they belong to the Windows Media family.
RealNetworks & Sony: Both of these companies offer music download services. Real mostly uses the AAC format with the Helix DRM system, while Sony uses the OpenMG DRM system on ATRAC3 files. It is expected that Sony will support other music formats in the future.
Is Your Spouse Lying?
You may have noticed some unusual behavior from your significant other such as spending a lot of time 'at work' or perhaps more time than normal 'out with friends'. These are the obvious signals that something could be going on. However, the more subtle indicators that you are being lied to are conveniently hidden from your view.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
e-mail
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Maybe your spouse is spending a lot of time on the Internet late at night chatting, web surfing, instant messaging (IMs), sharing files or e-mailing people. The usual attention you are used to receiving from your lover is now not there and you fear the (s)he is up to something. You may have said something or voiced your concerns about 'why are you looking at porn on the Internet?' or 'who are you chatting with online?' to your significant other only to be told that nothing is going on and there is nothing at all to worry about.
In situations such as this, computer forensics can help discover what exactly is going on. Computer Forensic Investigators can uncover the truth by examining the computer's hard drive and see what websites, e-mails, chat logs and other pieces of useful information to help you. Once the information is collected and you have had time to go over the data, you will then have the evidence you need to either believe that your relationship is still solid and there isn't any lying and cheating occurring. Or, that there is and now you will need to evaluate your options and possibly file for a divorce.
The types of information that can be collected by a Computer Forensics Investigator include:
plain text and documents
images
calendar files
databases
spreadsheets
digital faxes
audio files
animation
websites If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action. A computer forensics investigation can help you take those steps to collect the evidence you may need to protect yourself and your family.
Domain Name Theft
Are you losing visitors to your domain? Are your search engine rankings still yours?
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host
Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it.
Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.
How do these hackers steal your Visitors?
Hackers exploit a flaw in the software some domain name servers use and by sending incorrect information to these particular domain name servers, hackers compromise the domain name server to redirect the traffic for the URLs to another site.
If domain name servers do not use a method to validate that the information has come from valid or authoritative source, it will send visitors to the wrong pages. This means that people who enter your domain name URL in the web browser will be sent to the hacker’s pages instead of your pages.
How can you protect you website?
It is extremely important that you use a reliable host that does not use an open DNS server. To check this, go to www.dnsreport.com and enter the domain name URL of your website. You should see PASS in the Open DNS servers line. If your domain name fails the test, you should contact your web host. If you don’t want to expose your website to hackers, it is critical that you use a secure DNS server. If your web host cannot fix the issue, you should change to another web host
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