Archive for the ‘Uncategorized’ Category

Is the Information Age Eroding Privacy?


07 Jan

The revelation that Apple allegedly tracks users of the iPhone brought privacy issues to the fore again during 2011. It brought the tricky legal question of technology and privacy to a head once more and sparked a wide debate over how we are selling our privacy increasingly cheaply in return for technology.

The issue at hand was the assertion that Apple tracked and recorded everywhere an iPhone user went over the past year. That this information was kept in an insecure file on the phone and was transferred to any device synced with it.

Apple said the tracking was done anonymously to allow iPhone users to enjoy location-aware products and services, local search and  to locate friends. While the intent seems rather benign, many users took offense to it.

According to Apple, the company was responding to the consumer demand for location services like directions, or finding local businesses. While we aren’t going to discuss Apple directly, we are going to discuss the technology they and other vendors use, specifically, location-based services. It’s important to note that it isn’t just Apple who use location-based services, they were the ones called out on it says Jacksonville Lawyer David Kerce.

A Price Worth Paying?

Location-based services aren’t the only way you can be tracked. Anyone who uses social media, the internet through an ISP, a web browser that keeps cookies and a computer will begin having information kept on them.

Most of it is necessary to provide the services we require. Those services include local search, repeat searches, site specific information such as usernames and so on. They are there to provide convenience, but there is a price to pay.

If we want to be constantly connected, to enjoy satellite navigation on our phones, or in our cars, we have to give up a little privacy. If we want to enjoy social media, engage with friends online and buy products over the internet we have to give up a little more. The trick is balancing it.

The Law Cannot Keep Pace with Technology

The Electronic Communications Privacy Act (ECPA) was enacted in 1986 to protect individual privacy. It is unlawful for an internet service provider to reveal information contained in electronic communications. The privacy of such communications is negated either if a user consents or if the government submits a valid subpoena to the ISP.

We saw the government race to include social media and Instant Messaging in SOX and SEC rules. We are seeing them race again to keep up with the world with SOPA, and it won’t stop there.

Privacy is most definitely the currency with which you pay for technology and the advantages it offers. However, the law struggles to keep up. The best protection against the erosion of your privacy is to be careful with your own information, not rely on legislation to protect you.

The question of personal privacy is going to be a question asked over the next decade or so. While government and the law will try to keep up, the constant innovation will soon leave it behind. In reality, it’s up to you to protect your own privacy and be fully aware of the ramifications of the devices and applications you use.

Residential


29 Jun

While Massachusetts boasts some of the most desirable and profitable income property in the country, Massachusetts property owners are at a disadvantage – Massachusetts landlords have no self-help eviction procedures available and Massachusetts courts are historically pro-tenant.

Our experience has been that most landlords try to do the right thing, but fail. In an area where technicalities and formalities are critical, many well-intentioned or inexperienced landlords fall victim to tenants, to various legal services agencies and the courts and it is very easy for landlords to become overwhelmed by all of the applicable laws, codes, statutes, regulations and obligations – especially in the areas of the State Sanitary Code, security deposits, lead paint and tenants’ criminal activity, to name a few. Consequently, some landlords find themselves being criminally arraigned or losing rent for an extensive period of time.

During the course of representing most of the largest residential property owners in the Commonwealth for almost twenty years, Cirace & Associates’ lawyers have confronted just about every conceivable housing issue. Our attorneys know the intricacies of Massachusetts landlord/tenant law (including subsidy regulations) and have the knowledge, experience and contacts to effectively assist landlords. Whether it’s Housing Court, District Court or Superior Court, civil or criminal, we know what to do.

What a Cleveland Spinal Damage Lawyer Indicates for the Long term


24 Sep

Posted on September 24th, 2010 admin No feedback

A spinal damage could be devastatingly tragic, altering lives in an instance. Existence should go on and to really heal and start once more, your household requirements the financial safety to complete so. You and your family members are now confronted with steep healthcare bills and considerable existence care expenses. Should you or your household are actually victims of a spinal damage, it’s vital to get in touch with a Cleveland spinal damage lawyer at Linton & Hirshman LLC as soon as possible. Indeed, your family’s very long term is on the line.

Timing is of the essence in the case of a spinal damage. Your Cleveland spinal damage lawyer should start immediate investigation and evidence preservation in order to make your best case in court. Witnesses should be contacted. Healthcare records need to be obtained and reviewed. Healthcare experts and existence care planners should be consulted to plan for the long term.

Remember that insurance companies deal with these cases for a living. They are solely focused on avoiding paying you for their negligence. Contacting a Cleveland spinal damage lawyer indicates you have an expert in your corner. It’s important to work with dedicated lawyers at Linton & Hirshman LLC, who understand both sides of the courtroom.

Consider Resources

When choosing the right Cleveland spinal damage lawyer, it’s important to consider what they will be bringing to the table, or more importantly, the courtroom. Do they have a resource of experts to utilize in order to make your best case? Remember that your case is only as strong as the case that your Cleveland spinal damage lawyer presents. The financial safety of your entire household depends on the expertise of your legal team.

Our partners, Robert F. Linton, Jr., Tobias J. Hirshman, and Ellen Hobbs Hirshman represent over 90 years of experience in the court system. We invite you to get in touch with us for a free consultation on your spinal damage case.

Analysis: Tea Party Spoils the Party for GOP Establishment Candidates


15 Sep

Fort Myers Court ReporterABC News‘ Amy Walter reviews: The final significant key contests of 2010 went out that has a bang. In DE and Ny “outsider” candidates defeated individuals supported by the Republican establishment. In New Hampshire, Republican Lawyer Basic Kelly Ayotte, who has the exceptional distinction of staying supported by equally Sarah Palin and countrywide Republicans, is within a neck-and-neck combat with Tea Occasion favored Ovide Lamontagne.

What does all of this indicate for November?

1) In DE, although Tea Celebration activists are celebrating O’Donnell’s victory, that it is Democrats who would be the most thankful. By beating the preferred -– and much more electable GOP Rep. Mike Fort –- O’Donnell is now a made a decision underdog in opposition to the Democrat, New Citadel County Executive Chris Coons. Additionally, it can make the chances of a Republican take-over in the Senate an entire good deal lengthier. DE was meant to be considered a “gimmie” for the GOP. Most handicappers (us integrated) received DE listed as Leaning Republican. Tonight, Stu Rothenberg moved the race to Lean Dem. We anticipate that other individuals will quickly adhere to. The NRSC will not be anticipated to fund O’Donnell this slide.

2) Lawyer Common Kelly Ayotte has extended been thought to be the strongest prospect for Republicans in the brand new Hampshire Senate race. A WMUR-TV Granite Condition Poll taken in July showed her beating Democratic Rep. Paul Hodes by 8 details, even though Tea Occasion favourite Ovide Lamontagne trailed Hodes by 6 details.

Even so, Ayotte’s received a tough summer season and might not be as well-positioned as she was in July. She’s received a spate of undesirable press and each Hodes and one among her major opponents, Bill Binnie, launched unfavorable attacks on her. For his portion, Lamontagne ran because the “happy warrior” and stayed out of your fray. Nonetheless, Lamontagne experienced just $109,000 in his campaign financial institution account in comparison with greater than $1.2 million for Hodes.

3) Although it can be certainly a “surprise” for Fort to possess misplaced -– offered each of the positive aspects he received with this race –- it truly shouldn’t happen to be. Soon after all, Citadel embodies every one of the factors that a prospect does not would like to be within this atmosphere: he is been on the ballot in DE given that 1980, he is no spring chicken (he is 70) and he’s a reasonable operating in a very Republican key.

4) Becoming Ready Does not Constantly Issue: While in the wake of Republican Sen. Lisa Murkowski’s astonishing loss in Alaska, Republicans had been fast to stage out that she did not require their assistance to go unfavorable on her opponent, Joe Miller. Citadel, even so, heeded that suggestions and attacked O’Donnell relentlessly. The nearby papers ran a great deal of tales about O’Donnell that cast her in an unflattering light. And, he even received assist from the DE Republican Get together in attacking O’Donnell as a fringe prospect using a checkered previous. None of it mattered.

This must be considered a sobering signal to countrywide Democrats who will be counting on a equivalent method to beat numerous of those Tea Get together candidates this slip. To become certain, comparing a Republican key voters to a common election citizens is apples and oranges. Even so, it is abundantly clear that these usually are not “typical” occasions. Aggravation and anger together with the standing quo is so extreme that what may possibly give voters pause a couple many years in the past, may well not subject as very much this yr.

5) Granted Democratic The big apple Legal professional Normal Andrew Cuomo’s enormous warchest and large lead while in the polls, the typical wisdom has very long held that no matter who he confronted this drop, he was the odds-on-favorite. On the other hand, it is really worth taking Carl Paladino, who defeated Rick Lazio within the Republican major, severely. Yes, he has plenty of personalized baggage. But, he’s also acquired numerous cash (Lazio did not) in addition to a “mad as hell” message that is clearly received some appeal within a condition in which political corruption and incompetence runs rampant.

EGYPT: Lawyers strike in support of convicted colleagues


14 Jun

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source – www.cat5ecables.net

Much more than 100,000 attorneys across Egypt have gone on strike to show solidarity with two attorneys recently sentenced to five many years in prison for assaulting a prosecutor within the city of Tanta.

The Egyptian judiciary establishment has received a shock towards the program as courts are already abandoned and hundreds of instances are already postponed since Wednesday, when the verdicts against the two attorneys had been read at a courthouse 60 miles north of Cairo.

“The verdict was unjust and it was affected by the lack of guarantees for a fair trial,” Tarek Awadi, member from the Lawyers’ Syndicate, told the Times. “It is an unprecedented incident in our judiciary program to convict attorneys for assaulting a prosecutor.”

The saga began when attorneys Mohamed Ibrahim Saai Din and Mustafa Ahmed Fattouh exchanged slaps with prosecutor Basem Radwan Abu Rus much more than a week ago. Details from the incident have not been created public.

Supporters from the two accused attorneys said Abu Rus, who was not arrested, ought to have also been charged with assault. They claimed the prosecutor provoked Din and Fattouh. Members from the Lawyers’ syndicate voiced their dismay at the court and its prosecutors for acting as “opponent and arbitrator” at the exact same time.

Nationwide furor has surrounded the trial, particularly following allegations arose that judges and their association, the Judges’ Club, had been utilizing the situation to settle old scores against attorneys.

“We’ve been suffering from prosecutors’ disrespect and abuse for numerous many years and this situation may be the last straw,” lawyer Ayman Emam tells the Times.

Judges’ Club member Ashraf Zahran believes the attorneys have taken the issue as well far by striking and demonstrating outside the Tanta court. He added: “Lawyers have the habit of exaggerating any conflict between them and prosecutors so that you can falsely manipulate Egyptian public opinion that they’re mistreated.”

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26 Mar

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In reverse: Openness is the law, but it needs the public’s backing.


17 Mar

Published: 12:05 AM, Wed Mar 17, 2010

Gov. Bev Perdue’s proclamation in behalf of openness in federal government was and still is appreciated, but Sunshine Week arrived below a cloud.

From the spirit of the occasion, the Observer sent reporters to numerous offices in five counties, where, without having displaying press credentials, they requested copies of innocuous criminal records: restaurant wellbeing ratings, police department site visitors accident reports, concealed weapons permit applications, the salaries of mayors, city managers and high school football coaches.

There can be gentler ways to word this, however the reality is always that the majority of the records-keepers the reporters encountered broke the regulation. Some broke it greater than as soon as.

Refusals ended up widespread. Quick and unquestioning compliance was unusual. Most desired to know who these inquisitive strangers have been, or wanted the requests in writing. Some invoked their unique, restrictive policies – in two circumstances saying that access was constrained to some pick number of who included reporters.

Each bit of that was in clear conflict while using state’s Public information Rules. It is illogical, as well. Why would reporters want this kind of data? Generally, in making it available to their viewers and viewers. So what sense would it make to deny the open public direct access to individuals records?

This isn’t intricate.

“Every custodian of vital records,” the regulation reads, “shall permit any record within the custodian’s custody for being inspected and examined” and copied on request “by any individual.”

It continues: “No man or women requesting to inspect and look at public records, or to receive copies thereof, shall be required to disclose the purpose or motive for that request.”

So what are we to produce of all this ignorance among public workers?

Properly, we know in which the impulse arrives from, that urge to hold the public at bay. Governments have often tended that way. But which is why this law exists: to serve like a brake on the notion that public records are the property of their custodians, to get shared only on terms they approve.

The principal dilemma, then, is this: Why have court officials accomplished such a poor job of acquainting their subordinates with all the kind of plain language quoted above – specially with Attorney Standard Roy Cooper’s name on a quick-reference primer for government employees?

In latest decades, there has been a lazy retreat from the law’s uncomplicated premise how the public owns what the community pays for. The presumption and, in some instances, the guidelines now run another way, and also have grow to be instilled inside minds of officialdom and court alike. That is what has to get undone to be sure your having access to what is yours.