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Cyberbullies Are Going Down!

The internet can be ones best friend or worst enemy. It is a great tool in networking and conducting business. Plus, staying in touch with friends and loved ones across the country. Its much cheaper than making long distance calls and a lot quicker than the postal service. However, it has its downfalls as well. It can also be ones worst enemy, especially with teens and young people today. Their peers make slanderous websites, go to social sites such as MySpace and Facebook and demean each other.

If that is not enough, they use cell phones to make videos to upload on places like You Tube. Also, send horrible text messages and use camera phones to catch their targets in not so nice situations. There have been cases where kids have committed bullycide (suicide by bullying) over this sort of abuse. A recent case is the Megan Meier one in Missouri where a MySpace friend named "Josh" turned out to be a 48 year old housewife and Josh started bullying Megan on MySpace.

In California, there is a bill entitled Assembly Bill 86 introduced by Ted Lieu of Torrance. This passed through the Senate with a 21-11 vote and now goes back to the Assembly for consideration of Senate amendments. If this passes, it would become illegal for kids and teens to bully one another through electronics. Also, they could be expelled from school and face other dire consequences. If you ask me, I am wondering what took them so long?

Cyber bullying has been a serious problem in this nation and really throughout the globe for several years now. These social sites and other free web site hosting sites have been hot beds for attacks and slander against others. You Tube has been the place to upload videos of physical bullying occurring between others. Instant messenger has bullies sending their victims messages in real time. Lets not forget email where a lot of this also happens. Then we move on to other electronics such as cell phones, PDA's and other devices. It has occurred away from authority as situations like these can be very hard to prove. However, it can be done. It's a matter of education. Its time for parents, schools and communities to get involved and crack down on this. Bullying is out right peer abuse and these psychological scars follow a person well into adulthood. This is not uncommon in any abuse survivor whether it be peer, child, domestic, elder or sexual. Plus, bullying affects a whole community and not just one or two people.

I hope this passes into law and people begin to take it seriously. As one who helps those daily that are affected by this, I can tell you that this is not just kids stuff but outright abuse. Its time to get educated and see this for what it is: Abuse!

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Privacy Series - The Right and the Expectation of Privacy on the Internet

Do you have a right to online privacy? Do you actually have online privacy? Most people who use the Internet have no idea of how little privacy they actually have. The searches you perform are not private. These are saved by the major search engines. The sites you visit are not private. Your visits are recorded in the site's log files. The ad companies use cookies to track your interests by keeping records of your surfing habits. No privacy there. So do you actually have privacy on the Internet? If you are like most people, the statements I just made will scare you or make you angry.

What may not be completely obvious is that while you certainly have the right to privacy, this right is not as encompassing as you may have thought. Let me put it another way. You have the right to privacy...except when you sacrifice or forfeit that privacy by some action.

Let me illustrate this statement with some examples.

When you are driving on the public roads your privacy is curtailed by the greater needs of the public. You can be seen by anyone while you are in public and it is unreasonable to expect otherwise. Where this starts to become uncomfortable is when technology is used to make the apparent invasion of your privacy even more painful, such as when public cameras are used to keep track of individuals using profiling techniques to gain advanced knowledge of criminal acts. Have you read the book or seen the movie "The Minority Report?"

When you enter a business, your rights are secondary to the rights of the business owner. This is why they have a right to use security video to protect their interests. Only recently have states passed laws restricting the use of security cameras in sensitive locations such as public restrooms and dressing rooms. Note the use of that word again...public.

So here is a statement that may or may not be obvious but is true all the same. The Internet is a public place. It is true that the Internet is not owned by government entities but for all intents and purposes the websites, computers, network cabling, fiberoptic lines, wireless radio signals are all publicly accessible in the same manner as the local shopping mall or department store.

So now that we realize we don't have any expectation of privacy when we are in public either in the "real world" or on the Internet, what can we do to protect ourselves.

In general, you can protect yourself by taking the same steps you would in real life. Here are a few:
  • Don't go to seedy web sites. The same quality of individuals will be found in both places. They are predators and you...you decided to be their victim by going into their world. You don't go into dark allies in the middle of the night don't do it on the Internet.
  • Be protective of your personal information. Someone comes up to you on the street and says give me your name and address, do you do it? Don't do it on the Internet either. It's a matter of trust. Do not give your information to websites you don't trust.
  • Be careful of wolves in sheep's clothing. On the Internet this takes the form of phishing sites and emails that pretend to represent businesses you know and trust. Don't respond to emails asking for sensitive information. If you are unsure, do not click on links in the email, but rather go to the companies site and find a phone number. Call them yourself to make sure but DO NOT click on links in the email.

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California is Cracking Down!

As I am located in Los Angeles, I try and keep up with the ins and outs of the bullying and peer abuse problem in this state. Recently, a bill entitled AB86 introduced by Assemblyman Ted Lieu of Torrance would finally crack down on the cyber bullying that so many of our young people face today. Finally, we are cracking down on this never ending and ever growing problem. California's Education Code already has something in the books about harassment at school. Taking this next step is the best news I have heard in weeks.

Cyber bullying is bullying that occurs on the internet, cell phones and anything used electronically. Kids will go to social sites like My Space and Facebook to set up these pages against their classmates and send bulletins and other messages slandering their good name. Or, they may go to these websites that offer free hosting and make horrible pages about each other. If the internet is not enough, they use the cell phone to take pictures or make videos and put them up on You Tube which is a free site to post videos. Also, the use of text messaging is used and it goes on and on.

Its time that we crack down on our kids and teach them the seriousness of this problem. We can put laws on the books all we want but it is about education and enforcement. Are the schools taking this seriously? What about the parents and others in the community? Peer Abuse is not just a school and workplace problem but a community one as well. Bullying affects everyone in the community; not just the bully, bullied and bystander. If bullying in person is not enough, now we go to the internet.

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How Computers Are Used For Forensics

Decades ago, proving the guilt or innocence of someone who had been charged with a crime had to be accomplished without reviewing computer files. Today, forensic scientists regularly collect and review files hidden on computers. The data they find can be invaluable. For example, it can prove that a defendant was knowledgeable about criminal details and communicated them to another party. Or, such files can help prove that a victim was present at a certain location on a certain date. The science and discipline of computer forensics have been used to secure convictions in thousands of criminal cases. In this article, we'll explain the types of data that forensic scientists collect from computers and potential legal applications of computer forensics.

Types Of Data Collected

The easiest files to collect are those which are still saved on a hard drive. Forensic investigators are trained to look for these files in obscure locations or in directories with counterintuitive names.

Forensic experts also look for deleted files. Once a file has been created and saved on a hard drive, disposing of it can be problematic. If a file is deleted, it can usually be recovered. Contrary to what many believe, deleted files remain on a computer's hard drive; they're simply ignored. When needed, they can be collected easily.

There are other types of files that computer forensic personnel look for. For example, some files are saved in a temporary status. Computers often save them in addition to the original.

A file's metadata can also prove valuable to an investigation. The metadata contains information regarding usage of a file. It will include the date and time a file was updated along with its creation date and a time stamp of when the file was last opened. This metadata can be helpful for showing relevant knowledge or intent and can be presented as evidence.

Potential Legal Applications

There are a number of ways to employ computer forensics to collect valuable information for use during an investigation or civil and criminal court cases. For example, if someone is missing, a recent airline ticket purchase on that person's computer can lead authorities to the person. Or, emails and other incriminating documents that are found on a defendant's computer can be submitted as evidence that leads to a conviction. As another example, a spouse's documentation of hidden assets and bank accounts can be used during divorce proceedings. In each case, computer forensic investigators can collect and review files for possible submission as evidence in court.

Computer forensic detail is used in areas that expand beyond the courtroom. For example, employers monitor their employees' use of computers, possible collecting information before terminating a worker. Criminal investigators often use computers to search for clues on unsolved crimes. A person who dies may have seemingly done so without a will, though the will may actually exist on his computer's hard drive. Computer forensics will continue to yield valuable insight for use in court, in the workplace and for countless other applications.

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CAN-SPAM - How to Comply With Anti-Spam Rules For Mass Email

If you send emails to or from the United States, then you may need to comply with the anti-spam requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act). This article contains the basics of what a small business owner or internet marketer needs to know to get started with their email compliance.

If you are sending "commercial" email to more than one person at a time, you must comply with these rules. What does "commercial" email mean? Short answer -- if you are a business, group, association, or anyone who has the potential to make money off of this email (even indirectly like via referrals or advertising), then it's commercial. If you are in business, just assume you meet this requirement.

If you are sending a one-to-one email to a client or customer about your transaction with them, you only need to make sure you are sending an email with accurate information, such as using the real "from" address. The more specific rules apply when you send emails to multiple people and/or not involving a transaction:

  • You must not be deceptive in the header (return email address, domain name, IP address) or the subject line.
  • You must give a method for the recipient of the email to opt-out of being on your list or from receiving any future emails from you. You must process their opt-out within 10 business days. You must maintain this opt-out list.
  • You must include your physical mailing address in your emails.
  • The email must be identified as an advertisement. You don't have to put it in the subject, but you must contain the name of the business and/or other identifying information showing that the email is commercial in nature.
  • You cannot harvest email addresses from web sites, directories, membership databases, or any other service/website that prohibit taking of email addresses. You may not guess at email address (for example, send to every info@domain.com email) to send mass emails.

Ironically, the spammers who really are the problem do not comply with any of these rules and are probably not going to get caught, typically because they hide behind shells or are outside of the United States. It's all of us small business owners who are at risk of non-compliance.

The easiest way to comply with these rules is to go with a major commercial mass email service provider. I use aweber.com and 1shoppingcart.com to send out emails -- both maintain and administer my opt-in/opt-out lists for me. And, since they don't allow spammers to use their service (or contaminate their servers), my emails get through to my list.

Best practice -- only send emails to people who specifically tell you (or sign up) for your eZine (not just hand you their business card). Better yet -- have them double-opt-in (sign up and then confirm their signup by clicking on a link in an email).

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Fair Use - When You Should Attribute Your Sources and When You Should Seek Copyright Protection

There is some confusion with regard to plagiarism and what constitutes fair use online. Some people are so afraid to violate copyright laws, or have their rights to their own intellectual property violated, that they miss great opportunities to see their work expanded.

The blogosphere has its own rules but those rules don't discount traditional law. Stealing is still stealing, even on the Internet. But allow me to dispel some copyright infringement myths:

* It isn't stealing if you attribute the source
* Copyright infringement does not entail using another person work if you add content of your own that creates new value
* Fair use entails adding enough content of your own to sufficiently prevent your content from consisting primarily or only of another individual's content

If these guidelines seem a big vague, it's because they are. When it comes to fair use and copyright infringement, there are a lot of gray areas. However, there is still enough black and white to draw some lines in the sand.

Christopher Alan Jennings of the American Law Division wrote a report for Congress titled "Fair Use on the Internet" and he said that courts weigh four factors with regard to fair use, whether online or off line:

1. Purpose and character of work in question
2. Nature of copyrighted work
3. "Amount and substantiality of the portion used in relation to the copyrighted work as a whole"
4. Effect of use of the work "upon the potential market"

In the blogosphere, it is considered acceptable to trackback to another individual's blog or borrow from their blog and add comments of your own. If you engage in this practice, and you should, then do the right thing and link back to your sources. This is the online equivalent of citing references in your print or off line material. Your link back to the original source constitutes proper attribution. Of course, you could go a step further and identify your source by name, but it isn't necessary.

An example of proper attribution would be the above link to the "Fair Use on the Internet" report. By linking back to the original source, you give your readers a chance to check your facts to see if you got them correct but also to see if you are interpreting them correctly. You let the readers be the judge. This will go a long ways with your credibility.

Before you use material from another website or blog, ask yourself these questions:

* Does this material add value or provide new understanding to my readers?
* Would my own comments regarding this topic benefit without this material?
* Am I willing to link back to this source?

This is not elementary and there is more to each of these questions than simply answering them without contemplation.

If the material you want to copy and paste adds new understanding to your topic and provides value for your readership then go ahead and use it, but be sure to give attribution to your source.

If your own comments will stand alone without the material you want to borrow, ask yourself if it is really necessary to borrow. If not, then leave it alone. If there is no way your own material can stand alone without borrowing someone else's material then maybe you should reconsider your own knowledge of the topic. You want your own material to be able to stand on it's own. Consider the other person's work much like graphics on a web page: It is there to enhance, not be the primary focus.

Thirdly, if you are not willing to link back to your source then don't bother using the material. Linking back is essential as an act of attribution and if you are not willing to do this then leave it alone.

So what should you do if you believe your copyrighted material has been stolen? First, right a letter to the webmaster or ezine publisher asking them to remove your material or attribute you as the source. Ask for a link back to your website. If they are not willing to provide that link then ask them to remove your material.

If you can't get the result you want by doing this, go to Alexa or WhoIs and find out who the ISP is. Both websites provide that information and you can contact the ISP to report a violation of law. The ISP will investigate and if they agree with you then they can, and many will, shut the website down. If you go this route, provide the ISP with this information:

* Your name and contact information
* The website or blog where your material was originally published
* The exact wording of the copyrighted material that was stolen
* A copy of your correspondence with the publisher that you are accusing of fair use infringement

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Privacy Series - The Right and the Expectation of Privacy on the Internet

Do you have a right to online privacy? Do you actually have online privacy? Most people who use the Internet have no idea of how little privacy they actually have. The searches you perform are not private. These are saved by the major search engines. The sites you visit are not private. Your visits are recorded in the site's log files. The ad companies use cookies to track your interests by keeping records of your surfing habits. No privacy there. So do you actually have privacy on the Internet? If you are like most people, the statements I just made will scare you or make you angry.

What may not be completely obvious is that while you certainly have the right to privacy, this right is not as encompassing as you may have thought. Let me put it another way. You have the right to privacy...except when you sacrifice or forfeit that privacy by some action.

Let me illustrate this statement with some examples.

When you are driving on the public roads your privacy is curtailed by the greater needs of the public. You can be seen by anyone while you are in public and it is unreasonable to expect otherwise. Where this starts to become uncomfortable is when technology is used to make the apparent invasion of your privacy even more painful, such as when public cameras are used to keep track of individuals using profiling techniques to gain advanced knowledge of criminal acts. Have you read the book or seen the movie "The Minority Report?"

When you enter a business, your rights are secondary to the rights of the business owner. This is why they have a right to use security video to protect their interests. Only recently have states passed laws restricting the use of security cameras in sensitive locations such as public restrooms and dressing rooms. Note the use of that word again...public.

So here is a statement that may or may not be obvious but is true all the same. The Internet is a public place. It is true that the Internet is not owned by government entities but for all intents and purposes the websites, computers, network cabling, fiberoptic lines, wireless radio signals are all publicly accessible in the same manner as the local shopping mall or department store.

So now that we realize we don't have any expectation of privacy when we are in public either in the "real world" or on the Internet, what can we do to protect ourselves.

In general, you can protect yourself by taking the same steps you would in real life. Here are a few:
  • Don't go to seedy web sites. The same quality of individuals will be found in both places. They are predators and you...you decided to be their victim by going into their world. You don't go into dark allies in the middle of the night don't do it on the Internet.
  • Be protective of your personal information. Someone comes up to you on the street and says give me your name and address, do you do it? Don't do it on the Internet either. It's a matter of trust. Do not give your information to websites you don't trust.
  • Be careful of wolves in sheep's clothing. On the Internet this takes the form of phishing sites and emails that pretend to represent businesses you know and trust. Don't respond to emails asking for sensitive information. If you are unsure, do not click on links in the email, but rather go to the companies site and find a phone number. Call them yourself to make sure but DO NOT click on links in the email.

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Cyber Law