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It's Glitter and Glam night so expect the usual chaos, special guests and of course the Golden Mic Competition (sing for 2 minutes without getting booed off and you make the final) but this month with a full face of make-up and some shiny platform shoes!
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"NEW YORK TIMES "BESTSELLER -NAMED ONE OF THE BEST BOOKS OF THE YEAR BY"Los Angeles Times "NPR" Men s Journal BookPage Booklist Publishers Weekly"
In the fall of 2009, the food world was rocked when "Gourmet" magazine was abruptly shuttered by its parent company. No one was more stunned by this unexpected turn of events than its beloved editor in chief, Ruth Reichl, who suddenly faced an uncertain professional future. As she struggled to process what had seemed unthinkable, Reichl turned to the one place that had always provided sanctuary. I did what I always do when I m confused, lonely, or frightened, she writes. I disappeared into the kitchen.
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What will send this book to the top of bestseller lists is the lovely way Reichl describes how dishes come together, like the Greek chicken soup with lemon and egg known as avgolemono, and her talent for assembling a collection of recipes her legions of former "Gourmet" fans will want to make themselves. "The Washington Post"
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|Ruth Reichl
|Random House
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|352 pages
|Age +
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decided: April 1, 1974.
ROSEMARY CANTERNA, APPELLANT,v.UNITED STATES STEEL CORPORATION AND WORKMEN'S COMPENSATION APPEAL BOARD, APPELLEES
Appeal from the Order of the Workmen's Compensation Appeal Board in case of Rosemary Canterna v. United States Steel Corporation, No. A-66686.
James C. Evans, for appellant.
Richard F. Lerach, for appellee.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 12 Pa. Commw. Page 580]
On March 16, 1970 Rosemary Canterna (claimant) was employed as a nurse in an Ellwood City plant hospital
[ 12 Pa. Commw. Page 581]
of the United States Steel Corporation (employer) and allegedly suffered an accident while aiding a patient. This accident resulted, she claims, in a rupture to her cervical disc. She continued to work until April 6, 1970, but thereafter she entered a hospital, eventually undergoing surgery. On May 26, 1971, she filed a claim petition seeking workmen's compensation, alleging that she was disabled as a result of the accident, but the claim was rejected by a referee, after a hearing, on the basis that she had not reported the accident to the employer within the 120 day period required by Section 311 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 631. The referee's action was affirmed by the Workmen's Compensation Appeal Board (Board) on review and is now appealed to this Court.
On appeals to this Court in workmen's compensation cases where the decision of the fact finder was adverse to the party bearing the burden of proof, our scope of review is limited to a determination of whether or not constitutional rights were violated, an error of law was committed, or there has been a capricious disregard of competent evidence. Cf. Jessop Steel Company v. Workmen's Compensation Appeal Board and Okey Miller, 10 Pa. Commonwealth Ct. 186, 309 A.2d 86 (1973). And where, as here, the Board has taken no additional evidence, we must rely on the facts as found by the referee if he has not capriciously disregarded competent evidence in arriving at such facts. It is the province of the referee to consider the credibility of the witnesses. Universal Cyclops Steel Corporation v. Krawczynski, 9 Pa. Commonwealth Ct. 176, 305 A.2d 757 (1973).
At the time here in question, Section 311 of the Workmen's Compensation Act, 77 P.S. § 631, provided: "Unless the employe or someone in his behalf, or some of the dependents or someone in their behalf, shall give notice thereof to the employer within twenty-one days
[ 12 Pa. Commw. Page 582]
after the accident, no compensation shall be due until such notice be given, and, unless such notice be given within one hundred and twenty days after the occurrence of the accident, no compensation shall be allowed." The purpose for requiring such notice is, of course, to protect the employer from stale claims for accidental injuries, of which he would have no knowledge, made after the opportunity had passed for a full and complete examination thereof. Allen v. Patterson-Emerson-Comstock, Inc., 180 Pa. Superior Ct. 286, 119 A.2d 832 (1956). Although courts should not read into this section a stricter requirement than the language itself imports,*fn1 the time limit prescribed is mandatory and, unless there is fraud or its equivalent present or some other act on the part of the employer which prejudices the claimant, the courts have no authority to extend the time for giving the notice.*fn2
The claimant here testified that she told another nurse about the accident at the time it occurred and that she informed her supervisor of it in June of 1970, some three months later. The other nurse, however, was deceased at the time of the referee's hearing, and the supervisor testified at that time that he was never informed by the claimant of the accident until September of 1970, about six months after its occurrence. Other witnesses indicated that they knew the claimant was receiving medical treatment but that she had informed them that this was the result of a 1967 automobile accident.
[ 12 Pa. Commw. Page 583]
Matters of credibility and conflicting testimony as to whether or not notice of the accident had been given to the employer are, of course, questions for the fact finder (here the referee). Cf. Hauptle v. Bausch & Page 583} Lomb Optical Company, 206 Pa. Superior Ct. 292, 212 A.2d 902 (1965). And, in this case, the referee found that the claimant's testimony on the issue of notice "was both evasive and contradictory." He, therefore, put little credence in it, and we do not believe that he erred in so regarding it. Certainly her evidence of notice to her supervisor was contradicted by his testimony, and, even if her uncontradicted testimony as to informing her fellow employee of the accident had been found credible, we do not believe that this would have been sufficient to comply with the requirements of Section 311. Section 313 of the Workmen's Compensation Act, 77 P.S. § 633, permits notice to be given to "the immediate or other superior of the employe, to the employer, or any agent of the employer regularly employed at the place of employment of the injured employe." We do not believe the term "any agent of the employer" means that information of an accident may be given to any other employee. This would render the whole process meaningless. It is more reasonable to interpret this phrase as encompassing anyone "whose position justifies the inference that authority has been delegated to him by the employer, as his representative, to receive a report or notice of such accidental injury." Dorsch v. Fisher Scientific Company, 136 Pa. Superior Ct. 197, 200, 7 A.2d 604, 606 (1939). There is no evidence here that the nurse in question occupied such a position.
As to whether or not the employer actually had notice of the accident, it is true that actual knowledge of a compensable injury, even without notice from the employee, is all that is required. Wilkinson v. United Parcel Service of Pennsylvania, Inc., 158 Pa. Superior Ct. 22, 43 A.2d 408 (1945). As noted above, however, those witnesses who knew of the claimant's medical treatment were under the impression that it was required as a result of a 1967 automobile accident. The
[ 12 Pa. Commw. Page 584]
claimant makes much of a form letter from the employer's insurance carrier written "To Whom It May Concern," and introduced into evidence before the referee. This letter, however, was merely notice that in workmen's compensation cases the attorney for the employer was authorized to present a subrogation claim for the carrier in cases where the carrier has paid disability benefits on the basis that the disability was non-occupational in origin. This letter in no way indicates that the employer here had actual knowledge of the alleged accident involving the claimant.
For the above reasons, therefore, we issue the following
Now, April 1, 1974, the order of the Workmen's Compensation Appeal Board dismissing the claim of Rosemary Canterna is hereby affirmed.
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United States District Court, E.D. Pennsylvania
January 17, 2014
UNITED STATES OF AMERICA,v.YIJIA ZHANG, Defendant
Decided January 16, 2014
Page 341
For YIJIA ZHANG, Defendant: DENNIS E. BOYLE, LEAD ATTORNEY, Boyle Litigation, CAMP HILL, PA; KENNETH E. RALEIGH, LEAD ATTORNEY, BOYLE LITIGATION, PHILADELPHIA, PA.
For USA, Plaintiff: MICHAEL L. LEVY, LEAD ATTORNEY, ASSISTANT U.S. ATTORNEY, PHILA, PA.
Page 342
Legrome D. Davis, J.
AND NOW, this 16th day of January 2014, upon consideration of Defendant Yijia Zhang's Motion to Dismiss Count II of Indictment (Doc. No. 45) and Memorandum of Law in Support thereof (Doc. No. 46), and the Government's Memorandum of Law in Opposition to Motion to Dismiss Count Two (Doc. No. 47) and Supplemental Memorandum (Doc. No. 48), it is hereby ORDERED that Zhang's Motion to Dismiss Count II of Indictment is GRANTED.
On September 13, 2012, the Government filed an indictment (the " Indictment" ) charging Yijia Zhang with damaging a protected computer in violation of 18 U.S.C. § § 1030(a)(5)(A) and 1030(c)(4)(A)(i)(I) (" Count I" ), and violating the National Stolen Property Act (" NSPA" ), 18 U.S.C. § 2314 (" Count II" ). (Indictment 1-5, Doc. No. 1.)
According to the Indictment, Zhang worked as a computer systems manager for " Company A" until July 6, 2010. (Indictment ¶ ¶ 2, 6.) On June 28, 2010, Zhang copied approximately 6,700 of Company A's confidential files from an unspecified location on Company A's internal network to the desktop computer provided to Zhang by Company A. (Indictment ¶ 7.) Zhang then transferred some or all of these files from his computer to one of Company A's servers (the " Server" ). (Indictment ¶ 8.) The copied and transferred files contained " sensitive information regarding the operation and development of Company A's computer network." (Indictment ¶ 13.) Two days later, on June 30, 2010, Zhang gave Company A written notice that his last day with the company would be July 6, 2010. (Indictment ¶ 6.)
On Saturday, July 3, 2010, Zhang copied approximately 2,800 more confidential files from Company A's network to his desktop computer. (Indictment ¶ 10.) On Sunday, July 4, 2010, Zhang copied roughly 300 more confidential files to his computer. (Indictment ¶ 11.) Zhang then transferred some or all of the confidential files that he had accumulated on his desktop computer that weekend to the Server. (Indictment ¶ 12.) Next, Zhang established an Internet connection between the Server and Internet storage sites in Sweden and Germany that Zhang maintained. (Indictment ¶ ¶ 3, 14.) Zhang then used this connection to transfer an unspecified number of Company A's confidential files to the Internet storage sites. (Indictment ¶ 14.) After completing this transfer, Zhang covered his digital tracks by deleting unspecified files from the Server. (Indictment ¶ 17.) The deletion of these files eliminated evidence of Zhang's transfers and prevented the Server from functioning as intended. (Id.)
Presently before the Court is Zhang's motion to dismiss Count II of the Indictment pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B). (See Def.'s Mot. Dismiss Count II, Doc. No. 45.) Zhang argues that the allegations in the Indictment fail to state an offense under the NSPA. The Government opposes this motion.
Federal Rule of Criminal Procedure 7(c)(1) provides that an " indictment . . . must be a plain, concise, and definite written statement of the essential facts constituting the offense charged." " A facially sufficient indictment (1) contains the elements of the offense intended to be charged, (2) sufficiently apprises the defendant of what he must be prepared to meet, and (3) allows the defendant to show with accuracy to what extent he may plead a former acquittal or conviction in the
Page 343
event of a subsequent prosecution." United States v. Stock, 728 F.3d 287, 292 (3d Cir. 2013) (internal quotation marks omitted).
" Under Rule 12(b)(3)(B), a defendant may contest the sufficiency of an indictment on the basis that it fails to state an offense . . . [because] the specific facts alleged fall beyond the scope of the relevant criminal statute, as a matter of statutory interpretation." Id. (internal quotation marks omitted). A district court evaluates a challenge under this Rule by " determining whether, assuming all of those facts as true, a jury could find that the defendant committed the offense for which he was charged." United States v. Huet, 665 F.3d 588, 595-96 (3d Cir. 2012).
Federal crimes are " solely creatures of statute." Dixon v. United States, 548 U.S. 1, 7, 126 S.Ct. 2437, 165 L.Ed.2d 299, (2006). " Statutory construction must begin with the language employed by Congress and the assumption that the ordinary meaning of that language accurately expresses the legislative purpose." Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 175-76, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009) (internal quotation marks omitted).
The Supreme Court instructs that " ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity." Jones v. United States, 529 U.S. 848, 858, 120 S.Ct. 1904, 146 L.Ed.2d 902 (2000). Accordingly, " when choice has to be made between two readings of what conduct Congress has made a crime, it is appropriate, before [the Court] choose[s] the harsher alternative, to require that Congress should have spoken in language that is clear and definite." Id.
The NSPA makes it a crime for a person to " transport[], transmit[], or transfer[] in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud." 18 U.S.C. § 2314. The digital files at issue in this case are neither securities nor money. (Cf. Gov't's Mem. Opp. Mot. Dismiss 2 (" The central issue to this motion is whether there is a difference between 'goods, wares, and merchandise' in paper and digital form." ).) Thus, to survive Zhang's motion to dismiss, the indictment must allege: (1) that Zhang transported, transmitted, or transferred goods, wares, or merchandise in interstate or foreign commerce; (2) that those goods, wares, or merchandise had a value of $5,000 or more; and (3) that Zhang knew " the same" to have been stolen, converted, or taken by fraud. Id.; cf. Dowling v. United States, 473 U.S. 207, 214, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985) (listing the elements of an offense under the NSPA).
Zhang argues that the Indictment fails to state an offense for two reasons. First, Zhang argues that the Indictment fails to allege that " the stolen item was in some tangible or physical form" when it was stolen. (Def.'s Mem. Supp. Def.'s Mot. Dismiss Count II, at 8, Doc. No. 46.) Second, Zhang argues that the Indictment fails to allege the existence of a market for the confidential information stolen by Zhang. (Id. at 12-13.)
The Court must determine whether the NSPA requires the government to make these allegations, and, if it does so require, whether the government makes these allegations in the Indictment.
A. Are Digital Files Transmitted Over a Computer Network Goods, Wares, or Merchandise Within the Meaning of the NSPA?
1. Does the NSPA Include a Tangibility Requirement?
The NSPA does not define the terms " goods," " wares," or " merchandise." It is
Page 344
an open question in the Third Circuit whether digital files can constitute goods, wares, or merchandise within the meaning of the NSPA. Cf. United States v. Hsu, 155 F.3d 189, 195 n.6 (3d Cir. 1998) (noting that " several cases cast serious doubt as to whether the NSPA even applies to the type of intangible information involved in modern schemes of corporate espionage" ). However, the Third Circuit and the Supreme Court have considered similar issues; and other courts have squarely addressed whether the NSPA criminalizes the theft of intangible information.
In 1959, the Third Circuit held that the phrase " goods, wares, merchandise" in the NSPA is " a general and comprehensive designation of such personal property or chattels as are ordinarily a subject of commerce." United States v. Seagraves, 265 F.2d 876, 880 (3d Cir. 1959). Applying this definition to stolen " geophysical maps" of oil deposits, the Third Circuit held that such maps were " goods or wares or merchandise within the terms of the [NSPA]" because they were " subjects of commerce." Id. at 878, 880. Geophysical maps are tangible objects made valuable by the intellectual property they contain. The Seagraves opinion therefore establishes that the value of a stolen item need be tangible, but does not address whether the NSPA covers the theft of purely intangible property. Cf. Dowling, 473 U.S. at 216 (noting that courts interpreting the NSPA have found it irrelevant whether " the item owes a major portion of its value to an intangible component" (citing Seagraves and United States v. Greenwald, 479 F.2d 320 (6th Cir. 1973))).
Roughly 25 years later, in 1985, the Supreme Court addressed whether the NSPA criminalizes the " interstate shipments of bootleg and pirated sound recordings and motion pictures whose unauthorized distribution infringed valid copyrights."
Dowling, 473 U.S. at 213. The indictment in that case did not allege how the defendant came into possession of the copyrighted works. See id. at 215 n.7. Rather, the indictment alleged that the " unauthorized use of the musical compositions rendered the phonorecords 'stolen, converted or taken by fraud' within the meaning of the [NSPA]." Id. at 215. Thus, the Supreme Court decided whether the NSPA criminalizes the interstate shipment of bootleg records where nothing tangible was stolen, converted, or taken by fraud.
The Supreme Court began its analysis by noting that the text of the NSPA does not plainly cover the interstate shipment of bootleg records for two reasons. First, copyrighted works are not obviously goods, wares, or merchandise. The Court explained that the NSPA " seems clearly to contemplate a physical identity between the items unlawfully obtained and those eventually transported" by " requiring that the 'goods, wares, [or] merchandise' be 'the same' as those 'stolen, converted or taken by fraud.'" Id. at 216 (alteration in original) (quoting 18 U.S.C. § 2314). This requirement applies awkwardly to copyright infringement because " the property rights of a copyright holder have a character distinct from the possessory interest of the owner of simple goods, wares, or merchandise." Id. at 217 (internal quotation marks omitted). Second, the Court noted that " interference with copyright does not easily equate with theft, conversion, or fraud." Id. " While one may colloquially like infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud." Id. at 217-18.
Page 345
" In light of the ill-fitting language," the Dowling Court " consider[ed] whether the history and purpose of [the NSPA] evince a plain congressional intention to reach interstate shipments of goods infringing copyrights." Id. at 218. The Court found that Congress's purpose in enacting the NSPA was to " assist the States' efforts to foil the 'roving criminal,' whose movement across state lines stymied local law enforcement officials." Id. at 220. The Court then reasoned that " the need to fill with federal action an enforcement chasm created by limited state jurisdiction . . . simply does not apply to" interstate shipment of " merchandise whose contraband character derives from copyright infringement" because " Congress has the unquestioned authority to penalize directly the distribution of goods that infringe copyright, whether or not those goods affect interstate commerce." Id. at 218, 220-21. The Supreme Court concluded that the NSPA does not " plainly and unmistakably" apply to the interstate shipment of bootleg records. Id. at 228. For this reason, the Supreme Court reversed the defendant's conviction under the " time-honored interpretive guideline that ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity." Id. at 229.
In the years since the Supreme Court announced its opinion in Dowling, the Courts of Appeals for the First, Second, Seventh, and Tenth Circuits have concluded that only tangible property can constitute goods, wares, or merchandise within the meaning of the NSPA. The Tenth Circuit holds that a " computer program itself is an intangible intellectual property, and as such, it alone cannot constitute goods, wares, merchandise, securities or moneys which have been stolen, converted or taken within the meaning of [the NSPA]." United States v. Brown, 925 F.2d 1301, 1308 (10th Cir. 1991). The Court explained that the " element of physical 'goods, wares, or merchandise' in [the NSPA]" is a " critical" limitation " imposed by the statute itself." Id. at 1308-09.
Likewise, the Seventh Circuit holds that the " Comdata codes" used in the trucking industry to transfer money are not " goods, wares, or merchandise" because they are, instead, " information." United States v. Stafford, 136 F.3d 1109, 1115 (7th Cir. 1998). " If this information comes within the statutory terminology of goods, wares, or merchandise," the Court reasoned, " then so does a tip phoned by a crook in Chicago to one in San Francisco that by posing as a police officer he has learned that Wells Fargo bank in San Francisco is poorly protected and so can be knocked off easily." Id. The Seventh Circuit concluded that the NSPA " will not stretch this far" in light of " the statute's age . . . and wording, and the principle that the definition of federal crimes is a legislative rather than a judicial function." Id.
The First Circuit agrees that the NSPA " does not apply to purely intangible information," but " does apply when there has been some tangible item taken, however insignificant or valueless it may be, absent the intangible component." United States v. Martin, 228 F.3d 1, 14-15 (1st Cir. 2000) (internal quotation marks omitted); see also id. at 13 (" Although intangible, 'purely intellectual' property does not fall within the auspices of [the NSPA], intangible components of tangible items may contribute to the $5,000 value requirement." ). In Martin, the First Circuit affirmed the defendant's conviction of conspiracy to transport stolen goods in violation of the NSPA because the jury could have plausibly concluded that the conspiracy involved the interstate shipment of " numerous tangible items." Id. at 15.
Page 346
Finally, the Second Circuit held recently that the NSPA does not apply to computer code stolen in an intangible form from an employer. In
United States v. Aleynikov, the Second Circuit considered an appeal by a defendant, Aleynikov, convicted under the NSPA of " stealing and transferring some of the proprietary computer source code used in his employer's high frequency trading system." 676 F.3d 71, 73 (2d Cir. 2012). On his last day of work, Aleynikov " encrypted and uploaded to a server in Germany more than 500,000 lines of source code for [his employer's high-frequency trading] system." Id. at 74. After a jury convicted Aleynikov of violating the NSPA, he appealed to the Second Circuit, " arguing, among other things, that the district court erred in denying his motion to dismiss the indictment in its entirety." Id. at 75. The Second Circuit explained that whether Aleynikov's conduct falls within the NSPA turns on " whether the source code that Aleynikov uploaded to a server in Germany . . . constituted stolen 'goods,' 'wares,' or 'merchandise' within the meaning of the NSPA." Id. at 76. The Second Circuit, like the Third Circuit, defines the terms goods, wares, and merchandise as they are used in the NSPA as " 'such personal property or chattels as are ordinarily a subject of commerce.'" Id. (quoting In re Vericker, 446 F.2d 244, 248 (2d Cir. 1971)).
The Second Circuit held that the theft of " purely intangible property embodied in a purely intangible format" falls outside the NSPA. Id. at 78. The Court reasoned that the NSPA " presupposes that the thing stolen was a good or ware, etc., at the time of the theft " by requiring that the good be " transported with knowledge that 'the same' has been stolen." Id. at 78. Put differently, the text of the NSPA " 'contemplate[s] a physical identity between the items unlawfully obtained and those eventually transported.'" Id. (alteration in original) (quoting
Dowling, 473 U.S. at 216). The Second Circuit overturned Aleynikov's NSPA conviction because it " decline[d] to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age." Aleynikov, 676 F.3d at 79.
The following year, the Second Circuit again considered the scope of the NSPA when presented with another appeal by a defendant, Agrawal, convicted under the NSPA of stealing " confidential computer code . . . used to conduct high frequency securities trades" from his employer. United States v. Agrawal, 726 F.3d 235, 237 (2d Cir. 2013). Unlike Aleynikov, however, Agrawal stole computer code by " printing the code onto thousands of sheets of paper, which he then physically removed from [his employer's] New York office to his New Jersey home." Id. The Second Circuit affirmed Agrawal's conviction, holding that he was " engaged in the theft or conversion of a 'good' in violation of the NSPA" when he " removed . . . tangible property from [his employer's] offices without authorization, and transported it to his home in New Jersey." Id. at 252. The Court recognized that, " in terms of moral culpability, there may be little to distinguish Agrawal from the defendant in Aleynikov," but nonetheless concluded that only Agrawal violated the NSPA because " it is Congress's task, not the courts', to define crimes and prescribe punishments." Id. at 253.
Not all courts to consider the issue have held that the NSPA includes a tangibility requirement. In 1990, a District Court Judge sitting in the Northern District of Illinois held that the NSPA covers " proprietary business information" sent across " state lines via computer-generated electronic impulses." United States v. Riggs, 739 F.Supp. 414, 420 (N.D.Ill. 1990). The Court found that the defendant's " transfer
Page 347
of [stolen] information across state lines would clearly constitute the transfer of 'goods, wares, or merchandise' within the meaning of [the NSPA]" if the information " had been affixed to a floppy disk, or printed out on a computer printer." Id. at 421. The Court then explained that it saw " no reason to hold differently simply because [the defendant] stored the information inside computers instead of printing it out on paper" because, " [i]n either case, the information is in a transferrable, accessible, even salable form." Id. There is reason to doubt whether Riggs remains good law in the Seventh Circuit. The year after the District Court announced its opinion in that case, the Court of Appeals for the Tenth Circuit wrote that " the Riggs interpretation of the [NSPA] is in error in light of the Supreme Court's focus [in Dowling] on physical goods, wares or merchandise that have themselves been stolen, converted or taken by fraud." Brown, 925 F.2d at 1308 (internal quotation marks omitted.) And in 1998, the Seventh Circuit, without discussing Riggs, held that information cannot constitute goods, wares, or merchandise within the meaning of the NSPA.
Stafford, 136 F.3d at 1115.
Similarly, in 2001, a Judge of the United States District Court for the Southern District of New York held that " the transfer of electronic documents via the internet across state lines does fall within the purview of [the NSPA]."
United States v. Farraj, 142 F.Supp.2d 484, 490 (S.D.N.Y. 2001). This holding could not have survived the Second Circuit's opinion in Aleynikov.
The government argues that this Court should not be persuaded by the rationales of the Courts of Appeals in cases like Aleynikov and Brown because the reasoning in those cases is " wrong," " inconsistent with logic and [analogous case law]," and " leads to absurd results." (Gov't's Mem. Opp. Mot. Dismiss 2.) Instead, the government urges us to decide that the NSPA includes no tangibility requirement. The government argues that Dowling does not compel a contrary conclusion for two reasons.
First, the government argues that Dowling did not hold that the NSPA requires " a physical identity between the items unlawfully obtained and those eventually transported, and hence some prior physical taking of the subject goods," Dowling, 473 U.S. at 216, because that language is dictum (Gov't's Mem. Opp. Mot. Dismiss 4-5). The government explains that Dowling merely " held that what the defendant transported across state lines--the physical records--was not the 'the same' as the thing that he had taken--the copyright holder's statutory right to limit and license copying." (Id. at 4.) We agree. But, dictum or otherwise, the Supreme Court noted that the " common-sense meaning of the statutory language" limits application of the NSPA to " physical 'goods, wares, [or] merchandise' that have themselves been 'stolen, converted or taken by fraud.'" Dowling, 473 U.S. at 216 (alteration in original) (quoting 18 U.S.C. § 2314). We find this analysis to be highly persuasive. Cf. Aleynikov, 676 F.3d at 77 n.4 (noting that, while Dowling focused on copyright infringement, " the Court's reasoning and analysis focuses on the pure intangibility of a copyright, and the requirement under the NSPA that there be a physical taking and removal of goods" ).
Second, the government argues that any " tangibility requirement was removed when Congress amended the [NSPA] in 1988." (Gov't's Mem. Opp. Mot. Dismiss 3.) That year, Congress amended the NSPA by " striking 'transports' and inserting 'transports, transmits, or transfers.'"
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Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, 102 Stat. 4181 (1988). It is unclear whether this change removed any tangibility requirement. On the one hand, the new verbs--transmits and transfers--might apply only to the nouns " securities" and " money," which are readily transmitted and transferred in digital form.[1] On the other hand, the addition of these verbs might signal that the NSPA now criminalizes the theft of goods, wares, or merchandise that can be transmitted or transferred in digital form.
We find that the NSPA is ambiguous about whether stolen " goods, wares, and merchandise" must take a physical form. The Third Circuit directs that the ordinary meaning of goods, wares, and merchandise is " personal property or chattels" that are " ordinarily a subject of commerce."
Seagraves, 265 F.2d at 880. Based on this precedent, we think that the most natural reading of " goods, wares, and merchandise" is personal property or chattels that " have some sort of tangible existence." United States v. Smith, 686 F.2d 234, 241 (5th Cir. 1982); see also United States v. Bottone, 365 F.2d 389, 393 (2d Cir. 1966) (" To be sure, where no tangible objects were ever taken or transported, a court would be hard pressed to conclude that 'goods' had been stolen and transported within the meaning of [the NSPA] . . . ." ). This interpretation fits best with the statutory requirement that the goods, wares, or merchandise transported in interstate or foreign commerce be the same as the goods, wares, or merchandise stolen, converted, or taken by fraud; and is consistent with the approaches taken by every United States Court of Appeals to consider the issue.
The government's contrary position is not unreasonable. In this digital era, we think that intangible products could reasonably be understood to constitute personal property that is ordinarily the subject of commerce. For example, we agree with the government that one could reasonably conclude that a consumer who pays for and downloads a digital copy of Microsoft Windows has purchased a good.[2]
Page 349
(See Gov't's Mem. Opp. Mot. Dismiss 19-20.) However, the government's position merely demonstrates that there is some ambiguity surrounding the NSPA's reach.
When faced with an ambiguous criminal statute, this Court must construe that statute in the defendant's favor. Jones, 529 U.S. at 858. We therefore conclude that the NSPA does not criminalize the theft and international transmission of intangible property in an intangible form.[3] To state an offense under the NSPA, the government must allege that Zhang transported, transmitted, or transferred something that had been stolen, converted, or taken by fraud while in a tangible form. The value of that object may derive from intangible information contained within the item; but without a physical manifestation, the stolen property is not goods, wares, or merchandise within the meaning of the NSPA.
2. Does the Indictment Allege the Theft of Something Tangible?
Zhang argues that the tangibility requirement has not been met because " nowhere in the Indictment does the Government state, nor even suggest, that the information [stolen by Zhang] ever took a physical form." (Def.'s Mem. Supp. Def.'s Mot. Dismiss Count II, at 11.) " Instead, the Government alleges that Mr. Zhang transferred electronic files over the internet from a network to a server." (Id.)
The government responds that " storage of information in digital format on a server, a computer hard drive, or a disk is just as physical as the storage on a piece of paper." (Gov't's Mem. Opp. Mot. Dismiss at 14.) The government argues that the Indictment satisfies any tangibility requirement because " the material had a physical embodiment on the servers of Company A" and on Zhang's " storage space in Europe." (Id. at 15.)
We agree with the government that information stored in computer hardware has a physical manifestation. Accord United States v. Walter, 43 M.J. 879, 884 (N-M. Ct. Crim. App. 1996) (noting that " courts will include intangible property under the [NSPA] when tied to tangible property and when the intangible property possesses some business value" ). If the government had accused Zhang of stealing some part of Computer A's server that stored propriety information, then we would have had little difficulty concluding that the tangibility requirement were satisfied.
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Accord United States v. Alavi, No. 07-429, 2008 WL 1971391, at *2 (D. Ariz. May 2, 2008) (finding the tangibility requirement satisfied where the government " allege[d] that [the defendant] physically stole the software program from his employer by loading it onto his computer, and then transported it in its electronic form on his laptop computer in interstate and foreign commerce" ). But here, the government accuses Zhang of stealing information by transmitting that information over the Internet. This transmission was no mere " 'clever intermediate transcription'" (Gov't's Mem. Opp. Mot. Dismiss 17 (quoting Bottone, 365 F.2d at 393)[4]); it was the act that rendered the digital files stolen, and the act that the government argues violated the NSPA.
The government has not alleged, as it must, that the digital files transmitted by Zhang had been stolen, converted, or taken by fraud while in a tangible form. Bits transmitted over the Internet are intangible information falling outside the NSPA's ambit. Accordingly, the government has failed to state an offense under the NSPA.[5]
B. Whether the Indictment Must and Does Allege the Existence of a Market for the Digital Files Zhang Allegedly Stole
Having concluded that the indictment must be dismissed because it does not allege that Zhang stole goods, wares, or merchandise within the meaning of the NSPA, we do not reach Zhang's argument that the Indictment must also be dismissed for failure to allege the existence of a market for the files Zhang allegedly stole.
For the foregoing reasons, we will grant Zhang's motion to dismiss Count II of the Indictment.
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The only reason they didnt get 5 rating is because if you sit at the bar you feel like you are in a black corner with your back to the world. I like to look around when I am at a bar not stare at a wall. Maybe a mirror or more tv would help
A lovely space, much nicer than the average sports bar. High ceilings and a central fireplace make the room much nicer than the usual sports bar.
-Food is consistently good
-Great service
-Wonderful beer and liquor selection
-Daily pint specials
If you're staying in the area this is a great place to go.
We stay at this hotel when we have early morning flights and dine in the Flight Deck Sports Bar...consistently good food
Excellent food and very attentive staff but a bit pricey. The ribs were very tasty and perfectly cooked.
Did an overnight before catching a flight and had our dinner here. Service was fantastic, our server knew her stuff, was attentive without being intrusive, and had our orders out quickly I had the peppercorn beef tenderloin and asked for it blue rare, which most places can't get right, often overdoing it. It came out perfectly blue rare, the sauce...
Good pub food here and it accommodates a lot of people, very large. I found the service to be good and if you want to check any game going on there are big screens everywhere.
I had a club sandwich but was surprized that only sliced lunch meat was used. This left the flavour not what I was really looking for. The bar was quiet and it was difficult watching the hockey game on the big screen because of the sun.
The place was quite empty, and a bit boring. There's not much exciting, hardly anyone was in the pub. The wings were terrific. I was able to use my ipad on the free hotel wifi.
The food was great. Good portion size. The staff were great. We sat by the fire which was nice and cozy. We will return.
I have food issues but no matter when we have been to this hotel, there is always something I can eat. Also, there have been times when the chef has cooked something special just for me - great job, Chef! When we visit with families, no matter the finickiness of the individual, there's something to please every palate.
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|Publication number
|Publication type
|Application number
|Publication date
|Jan 4, 1977
|Filing date
|Dec 12, 1975
|Priority date
|Dec 19, 1974
|Publication number
|Yoshinori Kobayashi, Yoshitaka Shibata, Akira Hasegawa, Yoshiharu Iwatsuki
|Original Assignee
|Minolta Camera Kabushiki Kaisha
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (5), Referenced by (20), Classifications (25)
|External Links: USPTO, USPTO Assignment, Espacenet
The present invention relates generally to improvements in electronic devices or components and it relates more particularly to an improved hermetically sealed semiconductor device such as a photoconductive element or the like.
There has been heretofore proposed a photoconductive device of a construction which, as shown in FIG. 1 in the drawings herein, includes a photoconductive film 2 deposited on a substrate 1 by conventional or known coating or vacuum evaporating processes and spaced electrodes disposed thereon. The so fabricated body is shielded from the ambient atmosphere by means of a hermetic case 6, the hermetic case containing an inert gas or dry air therein. The reason why a photoconductor layer should be shielded from the atmosphere is that the photoconductor layer, prepared as above, by the employment of a coating or a vacuum evaporating process, as well as the electrodes are susceptible to to the influence of moisture, oxygen, oil and the like. Although the aforesaid hermetic shielding construction is satisfactory in shielding such a fabricated body from the atmosphere, by the use of a metal and glass, the glass is particularly susceptible to breakage due to heat and external forces, particularly an impact force. Thus, when a crack in the glass occurs, then air enters the interior of the case from outside, thereby lowering and adversely effecting the characteristics of the photoconductive element. Another attempt to provide a photoconductive element is such that a synthetic resin such as epoxy, urethane, or vinyl resin and the like is formed on the surface of a photoconductive film by means of a coating or a molding process. This latter procedure is simple in practice and well adapted for use in mass production, as compared with the sealing process using a hermetic case. In addition, the absence of the use of glass provides mechanical stability. However, the synthetic resin itself suffers from a deficiency in humidity resistance. In other words, active gasses such as moisture and oxygen tend to enter the interior through pinholes or cracks caused in the resin cover due to heat impact, thus failing to afford a construction which provides complete or adequate sealing. It is thus clear from the above, that the hermetically sealed electronic members heretofore proposed or available leave much to be desired.
It is a principal object of the present invention to provide an improved hermetically sealed electronic device.
Another object of the present invention is to provide an improved resin hermetically sealed semiconductor or solid state electronic device such as a photoconductor or the like in which the ensheathing resin layer is highly humidity resistant and possesses unimpaired excellent light transmission properties, is highly electrically insulating and chemically resistant and is highly adherent to the electronic device substrate.
Still another object of the present invention is to provide a device of the above nature characterized by its reliability, simplicity, low cost, ease of fabrication and high versatility and adaptability.
The above and other objects of the present invention will become apparent from a reading of the following description taken in conjunction with the accompanying drawing which illustrates a preferred embodiment thereof.
In a sense the present invention contemplates the provision of an improved electrical device including an electrical element such as a solid state electrical member which is fully coated by an underlayer of an epoxy resin, the underlayer being in turn externally coated by a layer of a polyvinylidene chloride or a halogenated polyolefin, advantageously, a chlorinated polypropylene having a degree of chlorination of 15% to 70%, preferably about 35%. Electrical conductors extend from the electrical element through the resin layers and are hermetically sealed thereto.
The epoxy resins which may be used in the present structure should advantageously be such as to provide a suitable viscosity and pot life and be adapted for use in the coating operation and should, in addition, possess excellent light resistance, light transmissibility and humidity resistance properties. The chlorinated polypropylene provides (1) a water absorption characteristic of 0.01%-24 hours, (2) a steam or moisture permeability of 8g/m3 -24 hours, (3) high electrical insulation, (4) good light transmissibility, (5) good light resistance property, (6) suitable chemical resistance property, (7) high heat resistance up to 130� C, and is thus is considered to be most suitable for the plastic shielding of the semiconductor device, particularly of a photoconductive element. In addition, the polypropylene used is of a solvent type, thus allowing free adjustment of the viscosity in coating. The solvents which are employable to advantage include xylene, toluene, and ethyl acetate. Moreover, of importance is the chlorinating rate or degree of chlorination of the polypropylene. The chlorinating rate governs the various characteristics of the propylene film, particularly the adhesiveness to the epoxy film or umdercoating and cracking due to the heat cycle. The influence of the degree of chlorination or chlorinating rate of the polypropylene on the various characteristics of the film are as follows:
______________________________________PROPERTY CHLORINE CONTENT______________________________________1. anti-weathering the more, the better2. oil resistance the less, the better3. heat resistance minumum at 32 to 34%4. dryness the more, the better5. cracking the less, the betterVARIATION IN CHLORINE CONTENT:15% some problem in light resistance; good adhesiveness to epoxy resin;35% no cracking; good adhesiveness to epoxy resin;70% possibility of cracking;______________________________________
Most suitable chlorine content of polypropylene on an epoxy resin is about 35%, although the above optimum value somewhat varies with the configuration, and size of the semiconductor or the type of epoxy in the underlayer.
In the semiconductor device of the present invention, an epoxy resin layer is used as an underlayer and then a synthetic resin having good humidity resistance is superposed thereon. The present structure provides the following advantages: (1) Because of the use of an epoxy resin as an underlayer there results the following:
a. Good adhesiveness to the substrate. Particularly there is provided excellent adhesiveness in such a boundary portion between the epoxy resin and lead wires, which are liable to absorb humidity, as compared with other resins. In addition, there is provided good electrical insulation.
b. High mechanical strength. There is provided high impact resistance as well as a resistance to a force which will be necessarily incurred to the steps such as folding and bending of lead wires.
c. Epoxy resin is chemically stable irrespective of the type of the material of the substrate. conversely, epoxy resin is freed from the influence of the atmosphere, to which the cell is exposed, or to that of a material which the cell contacts. As a result, the substrate is well protected.
d. Epoxy resin is a synthetic resin which provides good humidity resistance.
e. Epoxy resin permits the use of a dipping process for coating.
(2) Because of the use of a chlorinated polypropylene film there results the following:
a. Chlorinated polypropylene is a synthetic resin which provides the best film forming property and good humidity resistance (a low water adsorption rate and a low moisture permeability).
b. If the chlorine content in the polypropylene resin is suitably selected, this provides good adhesiveness to an epoxy layer.
c. Good electrical insulation.
d. Since the chlorinated polypropylene possesses excellent film forming properties, there results no variation in the coating conditions, depending on the configuration of the substrate.
e. Good chemical resistance.
f. Good mechanical strength. (However, this depends on the content of chlorine. An excessive amount of chlorine (70%) results in brittleness.)
g. Permits a dipping process and mass production.
h. The resin is of a solvent type and dictates the use of a high temperature hardening step.
i. Good light transmissibility. (In the case of application to a photoconductive element).
(3) Because of the aforesaid two layer construction of the above two materials there results the following:
a. Good adhesiveness to the epoxy substrate and good mechanical strength.
b. While the mere use of the epoxy resin coating provides no desired humidity resistance in the range of the film thickness of the order of 200 μ, chlorinated polypropylene provides the desired humidity resistance.
c. If an epoxy resin material adapted for low temperature hardening is used, there may be used a high temperature at the time of coating, nor will there be caused a change in the characteristics of the electronic element.
The use of a combined two layers provides various advantages and hence provides a film construction well adapted for the mass production of resin-sealed electronic parts of a small size.
In the aforesaid description, chlorinated polypropylene has been referred to. However, vinylidene chloride provides the same result. In addition, the description thus far has been limited to the resin sealing of a photoconductive element. However, this may be commonly applied to the various fields including electronic parts and semiconductors which require resin sealing.
FIG. 1 is a longitudinal cross-sectional view of a prior art hermetically shielded photoconductive element;
FIG. 2 is a longitudinal cross-sectional view of a device embodying the present invention; and
FIG. 3 is a graph comparing the humidity resistance of a resin sealed type device having only an epoxy resin coating.
Referring now to the drawing, particularly FIG. 2 thereof which illustrates a preferred embodiment of the present invention, the reference numeral 1 generally designates a substrate which is formed of sintered alumina (Al2 O3). A powdered mixture of cadminum sulfide and cadminum selenide of 40g was placed in a pure water of 100g, and then a sintering flux of 10 mol% and cupric chloride solution as activated impurities were added to the solution in volume of 1 to 2.5cc at a mol-concentration of 1/1000 to the aforesaid powdered mixture of 1g, after which the solution thus prepared was agitated. The solution was then sprayed on the substrate and, after drying, the substrate thus prepared was sintered at 600� C for 15 minutes in a nitrogen atmosphere, thereby forming a photoconductive layer 2. After sintering, the photoconductive layer 2 was rinsed with water to thereby remove residual cadmium chloride and other foreign matter from the surface of the photoconductive layer 2. Indium bismuth or tin was vacuum-evaporated on the photoconductive layer 2 thus obtained to provide spaced ohmic electrodes 3 on the surface of the photoconductive layer 2. Thereafter, lead wires 5 leading out through preformed openings provided in the substrate were secured in place by caulking the walls of the aforesaid openings. The lead wires 5 permit obtaining the information generated by the photoconductive element, even after a synthetic resin coating has been applied. An epoxy layer 4 was then formed over the entire surface of the body of the electrical or semiconductor element prepared as above and was followed by hardening. The thickness of the epoxy film is about 200 μ and should not be greater than this. After the completion of the hardening of the epoxy resin layer 4, the semiconductor body thus prepared was dipped in polypropylene 6' chlorinated to a chlorine content of 35% for coating thereon. The thickness of the outer layer should be about 100 μ.
FIG. 3 represents graphs comparing the variation in the optical resistance of a photoconductive element coated according to the aforesaid embodiments (A) with that of a photoconductive element coated with only an epoxy resin (B), in terms of the time elapsed.
The test conditions were as follows: temperature-- 50� C, atmosphere having a relative humidity of 90%, and a period of 30 days (720 hours). The variation in the optical resistance of the element prepared according to the present invention, 30 days after its preparation, is 5%, while that of the element using only an epoxy resin coating is 20% which is four times higher than the aforesaid variation of 5%, thus demonstrating the excellency of the element prepared according to the present invention.
While there has been described and illustrated a preferred embodiment of the present invention, it is apparent that numerous alterations, omissions and additions may be made without departing from the spirit thereof.
|Cited Patent
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|Dec 4, 1956
|Electrol Lab & Sales Co
|Housing structure for photocell or the like and method of making the same
|Nov 14, 1955
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|Clairex Corp
|Photocell structure
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|Gen Electric
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|Apr 23, 1974
|Gen Electric
|Composite integrated circuits including semiconductor chips mounted on a common substrate with connections made through a dielectric encapsulator
|Citing Patent
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|Aug 1, 1978
|Japanese Government
|Solar battery package
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|Licentia Patent-Verwaltungs-G.M.B.H.
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|Murata Manufacturing Co., Ltd.
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|Murata Manufacturing Co., Ltd.
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|Phillips Petroleum Company
|Poly (arylene sulfide) composition suitable for use in semi-conductor encapsulation
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|Messerschmitt-Boelkow-Blohm Gmbh
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|Method of molding a solid state image pickup device
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|Sep 22, 2005
|International Business Machines Corporation
|Tamper-proof enclosure for a circuit card
|Jul 22, 2004
|Jan 11, 2007
|Hamamatsu Photonics K.K.
|Backside-illuminated photodetector
|Apr 25, 1979
|Oct 31, 1979
|Murata Manufacturing Co
|Detektor fuer infrarotstrahlung und verfahren zu dessen herstellung
|May 3, 1979
|Nov 15, 1979
|Murata Manufacturing Co
|Detektor fuer infrarotstrahlung und verfahren zu dessen herstellung
|Aug 10, 1988
|Feb 14, 1990
|Seiko Instruments Inc.
|Image sensor and photo-electric conversion element therefor
|Mar 6, 1986
|Sep 12, 1986
|Olympus Optical Co., Ltd.
|Solid-state image pickup device and method of manufacturing the same
|U.S. Classification
|International Classification
|Cooperative Classification
|European Classification


text:
An Imposing Egyptian Queen, Survived Only By Her Knees
After years of speculation, researchers have proven that a pair of mummified knees found in Egypt's Valley of the Queens once belonged to Queen Nefertari, wife of Ramses the Great.
The partial legs are all that remain of the legendarily beautiful Nefertari, who was buried in a lavish tomb during Egypt's 19th Dynasty, around the 13th century B.C. At some point after her death, robbers ransacked the tomb.
Everything But The Knees
It was likely during this raid that her body was dismembere
Using Kissmetrics to Find Your Most Valuable Marketing Campaigns
So you converted 3.1% of your visitors last month?
Awesome! How many of them spent more than $100 on their purchase? Or how many were on your Enterprise plan?
And how many of the 3.1% added a coupon to their order?
How many of them came from your Facebook ad campaign?
Don't know?
That's a problem.
Here's why surface-level analytics can lead to bad decisions, and how the Kissmetrics Funnel Report can answer some questions that lead to better analysis and decision making.
How Bad Marketing Decisions Can Get Made
Let's take this scenario:
You, the Director of Marketing for an e-commerce company, recently launched a Fall ad campaign on Twitter, Facebook, and AdWords. A month later you notice that your purchase conversions increase 1%, so you pour more money on all three ad platforms without knowing which campaigns led the most to conversion.
90% of the boost in conversions may be because of the Facebook ad campaign, but without doing research you'll put more money on the effective campaign and burn money on the 2 ineffective marketing campaigns.
In another scenario, you see that most of your large purchases ($150+) come from AdWords, yet neglect that channel because it brought fewer conversions (when what you're missing is fewer conversions but higher total purchase volume).
Here's how to see the whole picture with the Kissmetrics Funnel Report.
Viewing a Funnel With Revenue Data
Continuing with the e-commerce marketing director scenario, let's say we just ran our Summer advertising campaigns. We had campaigns on Twitter, Facebook, and AdWords. We've tagged all three with UTMs, which makes for pretty easy tracking across Kissmetrics and other SaaS platforms. We want to see which campaigns brought customers who spent at least $100.
We'll need to create a fairly elaborate funnel. Here's what we'll do.
The first step is to look for people who came from an advertisement. We'll have the first event be "Ad campaign hit".
We'll add additional conditions to this event. This is where we'll narrow in on these three campaigns and be able to distinguish between each. We've tagged each campaign with a respective Campaign source. Twitter has campaign source twitter, Facebook is facebook, and AdWords is tagged as adwords.
Let's first enter the Twitter campaign source:
We'll add an Or condition by clicking here:
We'll then do the same thing, but this time enter the Facebook campaign source:
Finally, the + button you see on the right allows us to add another condition. We'll click it, create the same condition but this time use the AdWords campaign source:
Next we'll add a step the funnel. Since most people visiting an ecommerce website visit a product page before adding an item to their cart and purchasing, we'll add those next two steps:
The final step, Purchased, needs some conditions added to it. We'll look for the customers that have made a purchase of at least $100.
First we'll add the step:
Click that arrow button on the right and we'll add that we're looking for purchases being at least $100:
Keep in mind that your naming of events and properties will probably differ than what I'm showing in this example. We don't have any default events or properties named Purchased, order amount, added item to cart, etc. You can set this up with a little help from a developer.
UTMs and Ad Campaign Hit are tracked automatically, however.
So here's how our funnel looks:
That's it! Now it's time to run the report and see our data:
This is looking at all the ad campaigns together. We have pretty good traffic – a little over 26k people, of which about 2k converted to purchasing. Given that all of these people are spending at least $100, we've likely made some solid returns on these campaigns (if we were able to keep costs down).
To select each campaign's performance, we'll simply click on each of the three Ad campaign hits. Let's click the top one, which is Twitter's ad campaign:
The first couple steps of this funnel perform well, but falls off pretty quickly. Only 88 people purchased, leading to a putrid 1.1% conversion rate. This means that the other campaigns are likely performing better. Let's check Facebook's campaign performance:
We can see that this campaign is performing much better than our Twitter campaign, with about 10x the conversion rate. We'll have to check what we've spent on both campaigns. If we've spent more on Twitter (with fewer views) we know we should definitely cut off ad spend there or try new a new ad set.
Finally, let's look at the AdWords campaign performance:
This one is performing even better than AdWords (although both are performing very very well). We achieve a 12.3% conversion rate off about 3,400 visits, making this the highest-converting campaign of the three. We'll see what we're spending to see if it delivers a better ROI than the Facebook (and keep in mind that each of these orders are over $50).
What to do with This Data
This data provides great information – we see which campaigns are performing well and which are falling short. We can cut off the ineffective campaigns or try different ads on the platform.
And since these are valuable customers, we'll want them coming back to purchase again. To remarket to them with ads or drip campaigns, we'll just click on the Purchased button to find all the people that have purchased:
We'll click those 2,126 people and we can export the list to MailChimp, a CSV, or create retargeting ads.
Where Are Your Marketing Dollars Best Spent?
Want to get more high-paying customers?
First find out where they're coming from.
With the Funnel Report, you'll be able to breakdown each marketing campaign and easily track the performance of each. And with the ability to further drill down by only viewing campaigns with high or low revenue from each, you'll be better able to track ROI.
About the Author: Zach Bulygo (Twitter) is the Blog Manager at Kissmetrics.
LAQUAN SMITH Spring Summer 2017 | ARAB Fashion Week Dubai by Fashion Channel
For Cancer Patients, Psilocybin Brings Much-needed Relief
Two recent studies of psilocybin, the psychoactive compound in so-called magic mushrooms, contend that the chemical can act as a powerful remedy for cancer patients suffering from depression and anxiety.
The two studies, one from New York University and one from Johns Hopkins University, are the largest and most rigorous studies of psilocybin and depression in decades, and they report that the anti-depressant effects of the drug can last for months, offering relief to chronically ill pati
Key Customer Metrics You Need to be Tracking (Infographic)
In order for a business to generate a long-term, sustainable profit, new customers need to be driven to your site, existing customers need to be satisfied and ideally, existing customers should become repeat customers. For this to happen, it's essential to have a deep understanding of how your customers behave in relation to your brand— luckily, the tools to get these insights are more readily available than ever before.
With key customer metrics such as churn rate and average revenue per user at your disposal, you can determine which parts of your business strategy are effective and which parts need a fine tune! Taking a data-led approach to analyzing the behavior of your customers will allow you see why they chose you over a competitor, how they respond to your marketing and in precise detail, how they interact with your brand online.
For more information on which customer metrics you should be looking at, check out our infographic below:
About the Author: Ciaran Daly is the Copywriter for Mammoth Infographics.
Exclusive KELLY GALE Watch me | VICTORIA'S SECRET 2016 Fashion Show in Paris by Fashion Channel
The Human Footprint on Mars is Expanding…Sometimes Faster Than We'd Like
It will be a long time until humans put boots on Mars–at least until the 2030s and possibly a long longer, depending on what the incoming Trump administration thinks about NASA's unfunded exploration plans. But through our robotic emissaries, we have already made quite a mark on the planet. The newest one, on October 19, was the sad and unexpected splat from the European Space Agency's Schiaparelli probe. Apparently betrayed by an errant altitude reading from one of its instruments, the lan
5 Ways Your E-Commerce Business Can Recover From A Growth Setback
Facing growth setbacks is part of the risk of doing business.
While most companies may only highlight their successes to the public, it's important to understand that every business has its own group of challenges. The key is to recognize the issues and take the necessary actions to move forward.
"You may be facing your share of woes from financial problems to employee shortages to increased competition. Just because those setbacks are occurring and you are struggling to survive, doesn't mean you can't turn your circumstance around," says Inc. contributor Carolyn Brown.
Let's explore how your team can bounce back from a growth setback.
1. Reassess Your Business Strategy
When major issues arise, reevaluating your strategy is essential to realizing what happened. Moreover, your team can pinpoint the mistakes that stunted your ecommerce business growth.
So, where do you start? Begin with the problem.
Learn why the setback occurred, when it began, where it originated, and how it flourished into a setback. Dive deep into your analytics to assess your sales and reveal any gaps in your system.
Senior management recognizes that failure isn't caused by a singular event. Instead, it's usually a series of activities that slowly lead up to a business disaster. So, examine your current procedures to set up safeguards.
"The way we win business has changed radically, largely thanks to the internet and social media. Companies that are not up to speed digitally won't exist for much longer, so make sure the business is using all the technological tools it can to build momentum," states Andrew Morris, CEO of the Academy for Chief Executives.
Nike reworked its international expansion strategy. Rather than spending an exorbitant amount of money on sponsorships to gain a global audience, the athletic apparel company initiated the NikeID co-creation platform. Allowing customers to design their own products helped the business deliver unique products that align with different cultural preferences and styles.
Upgrade your business strategy. Keep what works well and toss the rest to the side.
2. Deliver Customer Value
Research shows that "for every customer complaint there are 26 other unhappy customers who have remained silent." In a market full of competitors, it's easy for consumers to try another brand.
To deliver remarkable customer value, start by analyzing your consumers' purchasing habits. Learn what they like and how specific brand interactions make them feel.
For example, if you know consumers prefer assistance via live chat rather than by phone, your team should take steps to be available online.
Collect this data by instructing your sales representatives to jot down notes during customer conversations. Or simply ask consumers to complete a short suggestion form.
Think of customer value as a cycle. You must discover the opportunities, create the offering, deliver the value, and communicate it to your audience. Then, the process starts over again after receiving the customer feedback.
Peepers, an eyewear company, offer shoppers more value by customizing the checkout experience. With personalized messages, customers trusted the brand and believed their credit card information were safe. As a result, Peepers received a 25-30% increase in its organic traffic conversion rate and 15%-20% increase in its average order value.
Offer unprecedented value that your consumers can't receive anywhere else. They'll be happy and your ecommerce company will reap the revenues.
3. Differentiate Your Product
Sometimes, your team must do things differently. And it might just include changing the product.
In today's economy, consumers possess a wide variety of choices. They don't have to settle for products that fail to solve their problems or fall short of satisfying their needs.
Product differentiation is a marketing technique to make your product more attractive than the alternatives in the marketplace. This difference could include customer value, design, price, or even quality.
"Don't focus on features alone, then. Instead, emphasize the benefits of those features. Your advantage lies in how your product or service ties into the emotional needs of your target audience. People make decisions on the basis of either logical reasoning or emotional impulses," writes Entrepreneur contributor Ray Beharry.
Conduct market research to learn if you should modify your product or change the way you sell your product. To find pertinent data, host a focus group or invest in heatmap tools to monitor website interactions.
Oscar Health Insurance offers customers transparency and only focuses on a small, niche network in four U.S. states. The brand separates itself from the competition by presenting health plans in common language without the jargon.
It may be time for a product change. Find out how to fulfill your customers' desires through differentiation.
4. Hire Employees With Diverse Skill Sets
During tough times, employees are the best assets for your business. And as your company begins to change directions, you will need people invested in your brand values.
In a recovery transition, recruit talented workers with skills that complement your current workforce. Experts claim that future work environments will need people who know how to work with data, understand virtual reality, and can apply the Internet of Things to industries.
Beyond technical skills, interpersonal character traits matter, too. Focus on hiring individuals who know how to develop connections, work on multiple cultural teams, and make creative decisions. Personal finance writer Erika Rawes agrees:
"Your ability to engage in conversation, get to know someone personally, and develop meaningful relationships will provide a competitive edge over the future."
In addition, retrain your current employees by informing them about new business strategies and expectations. It's a chance re-engage employees and to develop people professionally.
Revitalize your workforce during growth challenges. Let your business experience new talent with different possibilities.
5. Continue to Seek Growth Opportunities
Whether your company is undergoing a setback or not, your team should always continue to seek ways to expand. A proactive plan prepares your brand to handle challenges better.
Opportunity is a subjective term. What's great for one business may be a disaster for another.
Therefore, before making any hasty decisions, work with your team to know what your business needs to recover. Do you need more qualified traffic to your website? Or more skilled sales reps to close deals?
And refrain from relying only on your own experience. Your company may benefit from building ongoing partnerships with other brands.
"Don't limit yourself by your own knowledge base and expertise when your back is against a wall. Find partners who can help you implement the new strategy that makes the most sense, not the one that's easiest to execute," writes Fast Company contributor Carson Tate.
Below is a brand partnership example from Adidas and Spotify. The companies teamed up to offer their consumers a new product called Adidas Go. The app lets customers who exercise with their iPhones listen to music through Spotify that is automatically linked to the pace of the workout.
Growth is a continuous process for companies. Uncover new opportunities to respond to infrequent difficulties.
Aim to Recover
Challenges are inevitable in business. It's vital to understand how to handle setbacks when they occur.
Reevaluate your strategy to ensure it fits your desired outcomes. Deliver unmatched customer value that competitors can't duplicate. And continue to seek partnership opportunities that will benefit your brand.
Push through setbacks. Grow your business.
About the Author: Shayla Price lives at the intersection of digital marketing, technology and social responsibility. Connect with her on Twitter @shaylaprice.
VICTORIA'S SECRET 2016 a glimpse of Fashion Show EXCLUSIVE in Paris by Fashion Channel
In Tiny Spaces, Boiling Water Stays Solid
A new study shows that confining water to very small spaces can keep it solid past even its normal boiling point.
Using carbon nanotubes, researchers from MIT report that they kept water from turning into a liquid, and even a gas, at far higher temperatures than normal. While not technically ice, this solid water could be used to create new types of wires that take advantage of solidified water's unique properties.
Tiny Spaces Make the Difference
Researchers have known that pressure can


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Promotes and restores patients' health by completing the nursing process; collaborating with physicians and multidisciplinary team members.
Permanent Certified Registered Nurse Anesthetist in New York
Candidate will provide education to patients, families and staff, participate in product review and collaborate with quality measures.
Obstetrics practice in central New York is interviewing now for a Certified Nurse Midwife.
We are wanting a CRNA to join our established and congenial group at Englewood Hospital and Medical Center! We perform a wide variety of cases to include, general, ortho, pediatrics, cardiac, and much more
Thousands of new jobs posted every day. Let us bring them to you. Sign up for alerts.


text:
Slide to see the images
**Tipper and Talulah are scheduled to be fixed October 15th. They will not be able to go to their forever homes until after their surgeries, but can still meet potential adopters before then!**
Tipper (A33031419) is a tabby kitten, who is such lovable boy and will give lots of kisses. He is a very playful kitten and is looking for a home that will give him the freedom to run around and play with his mouse toys.
Talulah (A33031389) is an adorable calico kitten, who is always so happy that she never stops purring. She loves to run around with her brother Tipper and would be best if they were to go to a home together, they keep themselves occupied for hours!
Name: Tipper & Talulah Age: 3 months Reason for surrender: found as stray Animal ID#: A33031419 (Tipper) & A33031389 (Talulah)
Please email my foster parent at firstname.lastname@example.com for more information about me!
Current location: Foster care (this pet is not at the shelter) www.phillypaws.org Please apply online by emailing firstname.lastname@example.com .
(posted by ap on 10/07/16)
PAWS, the Philadelphia Animal Welfare Society, is a 501(c)3 non-profit animal rescue organization. PAWS pulls at-risk animals from the City of Philadelphia's animal control shelter and adopts them out from several locations: our Old City adoption center (2nd and Arch Streets), our Northeast Adoption Center (1810 Grant Avenue); our Wellness Clinic at 2900 Grays Ferry Avenue; our adoption locations at the South Philly and Cottman Avenue PetSmart stores; and, our network of foster homes.
PAWS is dedicated to saving the lives of Philadelphia's homeless, abandoned and unwanted animals and is working to make Philadelphia a city in which every healthy and treatable pet is guaranteed a home.
When you adopt a pet from PAWS you truly save a life!
Please reference this animal's ID NUMBER when inquiring about this pet. Both PAWS Adoption Centers are open Monday-Friday from 12 p.m. to 7 p.m., Saturday 11 a.m. to 7 p.m., and Sunday from 11 a.m. to 6 p.m. PAWS' Wellness Clinic is open Monday - Sunday from 10 a.m. to 6 p.m., but appointments are required for adoptions.
Adoption fees include age-appropriate vaccinations, spaying/neutering, and microchipping. No animals may be adopted without being spayed or neutered. Adoption fees are as follows: $150 for large adult dogs (older than 1 year); $250 for small dogs (under 25 lbs) and all puppies (under 1 year); $50 for adult cats (over 6 months of age), and $100 for kittens (under 6 months of age). When you adopt a pair of kittens together, the total adoption fee is $150.
Please visit our web site, www.phillypaws.org, for our full calendar of adoption events throughout the region, and for more information on adopting, fostering, volunteering, or donating.


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Transatlantic Energy Relations
Convergence or Divergence
by John R. Deni, Karen Smith Stegen
- #4516 in Nonfiction, History, Military
- #4038 in Nonfiction, Reference & Language, Reference
- #6819 in Nonfiction, Social & Cultural Studies, Political Science
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Recent upheaval in the global energy system – dramatic increases in demand led largely by developing countries, significant decreases in supply as a result of local or regional conflicts, and the growing nexus between the burning of hydrocarbons and climate change – has unsettled long-held notions of energy security. For many years, transatlantic cooperation helped undergird the system's stability, but Europe and North America have drifted apart in several key ways, potentially undermining the search for energy sufficiency, surety, and sustainability. Will the transatlantic partners continue on separate paths in the face of dramatic change in the global energy system, or does the breadth and depth of the challenges they confront compel them to work more closely together?
In this edited volume, experts from across Europe and North America – including advisors to the executive and legislative branches of both the EU and the United States, to senior military commanders, and to major international organizations and companies – examine the most salient facets of the transatlantic energy relationship and discern whether that relationship is characterized by growing convergence or divergence.
This book was based on a special issue of the Journal of Transatlantic Studies.
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by on December 06, 2016
eBook Details
- Taylor and Francis, April 2016
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- 9781134926404
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10 Video Tips for Businesses on Pinterest
See on Scoop.it – Debra's Social Media Resources
It seems like a match made in heaven, Pinterest Video boards. Grant Crowell goes through a step by step process for preparing your videos for pinning on Pinterest using Vimeo.
Of course, I love tip #5, Curate Fresh Videos with Fresh Descriptions. #9, Create a Pinterest Specific Video Campaign is another great tip.
Feel free to share how you're using Pinterest to leverage your business.
See on mashable.com
Tags: Facebook, Google, linkedin, Pinterest, Social Media, twitter, Vimeo
Debra Simpson
Latest posts by Debra Simpson (see all)
- Tips for Going Viral with Your Product - March 25, 2013
- RIP Google Reader, Digg To The Rescue - March 14, 2013
- Working with Influencers - March 8, 2013


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Haven't had the opportunity to catch performances by @MarygroveDance? You're in luck! This weekend, they unveil the… https://t.co/uZoFJcHW6j
Any student with a history major who plans to teach at the secondary level is required to take the following coursework. These additional requirements are designed to meet the State of Michigan certification code and will prepare students to effectively teach the K-12 Content Standards for Social Studies in Michigan's Curriculum Framework.
A. The Social Science General Education Requirements
POL 149 American Political Systems
ECN 200 Introduction to Macroeconomics
ECN 203 Introduction to Microeconomics
B. Additional Coursework
HIS 330 Michigan History and Politics
One of the following multicultural courses:
POL 306 Racial and Ethnic Diversity
IS 320A Detroit and the Contemporary Urban Crisis
C. Certification Requirements
HIS 347 Methods of Secondary Social Studies is required for secondary education.
Professional Education courses are found in the EDUCATION section of the catalog.
A grade of C (2.0) or better must be maintained in all courses of this major. An overall GPA of 2.7 is required to enter the Teacher Certification Program at Marygrove. See Teacher Certification section of this catalog for more information.
D. MTTC and Gateway Courses
Students are required to take the State-mandated Basic Skills Test and the Michigan Test for Teacher Certification (MTTC) in history. Students may not register for MTTC in history until they have successfully completed 80 percent of the major coursework and a gateway course. The gateway course is designed to help students prepare for the MTTC and to determine their readiness to take the test. Please consult the department for the current list of history gateway courses.
E. Certifiable Minor
See the EDUCATION section of the catalog for certifiable minors.
Haven't had the opportunity to catch performances by @MarygroveDance? You're in luck! This weekend, they unveil the… https://t.co/uZoFJcHW6j
This afternoon, Christmas is coming to campus! Join us in the celebration from 3-6 p.m.! https://t.co/Qt9vHN5cD7
Want to find out if Marygrove College is a good fit for you? Try us on tomorrow afternoon at 5:00 p.m.!… https://t.co/vWhbXBrIhN


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Thread: which isp should i choose?
07-24-2009, 07:09 AM #1Newbie
- Join Date
- Aug 2008
- Posts
- 15
which isp should i choose?
Hi there?
I was starting a Dedicated server for webhosting business..
One ISP provider providing:
Download Speed: 10Mbps
Upload Speed: 512kbps
Another ISP provider providing:
Download Speed: 1Mbps
Upload Speed: 1Mbps
which ISP provider should i choose?
to run this webhosting business. Should i concentrate on Upload Speed?.
07-24-2009, 07:48 AM #2Greece
- Join Date
- Jan 2004
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- Greece
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Are you going to run the server from home?
07-24-2009, 10:32 AM #3Web Hosting Master
to run this webhosting business.
- Join Date
- Oct 2002
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- EU - east side
- Posts
- 21,913
07-24-2009, 10:55 AM #4WHT Addict
- Join Date
- Oct 2007
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- Tampa, FL
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Have you considered renting/reselling dedicated servers from an established provider who has economies of scale built in to save you money?
Your purchase of a dedicated server and commitment to an ISP is going to take alot more cash out of your account than simply renting/reselling a dedicated server from someone else-and you haven't even signed up a customer yet.
Think about conserving cash, building your name through reselling, and then moving to your own hardware/infrastructure once you have your own economies of scale in place.
If you're thinking of running dedicateds out of your house, you're not going to have a compelling product.E Solutions by WOW! Business
Collocation, DR, VMWare Hosting in our Data Centers
SSAE-16 Type II Certified with locations in Tampa, FL and Columbus, OH
Call Now! 813-301-2600
07-24-2009, 01:41 PM #5Newbie
- Join Date
- Aug 2008
- Posts
- 15
Thank you for your responses
Yes, I'm going to run from home..
@ldcdc, @HostingAmerica
thanks for u r advice, I'll think of considering more speed or Dedicated server from established provider.
was the concept of "uplink port" is related to "upload speed"?
07-24-2009, 01:46 PM #6Web Hosting Master
- Join Date
- Dec 2007
- Location
- Posts
- 948
Please no!
Can't people see there is really no advantage of running a server from home, for all it worth, don't buy/bodge hardware hire a VPS/Dedicated server!
There are so many threads on WHT about this, if you search for them hopefully along with my advice it will seriously discourage you from what your doing!Follow me on Twitter: @conrjac
07-25-2009, 12:58 PM #7Newbie
- Join Date
- Aug 2008
- Posts
- 15
Thank u all
Now, i decided to Take one Dedicated Server.
my budget is $200/month. I learned vmware Infrastructure 3. I'm thinking of to take vmware compatible dedicated server. Because i can run windows, linux and Exchange Server on one box.
what do you suggest me to take?
1)vmware ESXi compatible dedicated server? (OR)
2)Dedicated server?
07-25-2009, 01:08 PM #8Web Hosting Master
- Join Date
- Sep 2008
- Location
- Dallas, TX
- Posts
- 4,552
Just grab a dedicated server at Wiredtree, etc as they are fully managed. Seriously, your going to have a hard time getting clients for dedicated servers. Why not start with a reseller and tried shared hosting? $200 is a little too cheap for a dedicated server that can run good for VPS's, so I wouldn't do VPS's.
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