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Smarts's new scouting video came out this last week, so I wanted to hear the thoughts of the board; solely on him as top runner prospect (seemingly) for O Town. Based on the draft thread, he seems high on every ones list. So what do you think of Marcus Smart?
Current Magic Fit
Scouting Video
Is Marcus Smart the Most Exciting Player in College Hoops?
Here is a nice article comparing Smart:
Marcus Smart compares to Dwyane Wade, James Harden, Tyreke Evans
Using the incredibly awesome Play Index over at College Basketball Reference, I ran a report to find out how many freshmen have achieved this stat line or better since 1999, the earliest season available in the Play Index:
14 points/game (Smart averages 15.0)
5 rebounds/game (Smart averages 5.8)
3 assists/game (Smart averages 4.5)
2 steals/game (Smart averages 2.9)
You have to achieve all of those things in your freshman year to be on this list. Guess how many guys have done that in the last 15 seasons of college basketball? Five. You may have heard of these guys: Dwyane Wade, James Harden, Tyreke Evans, and Caron Butler
Read Article Here
New Smart Video: March 2013


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Proteasome inhibition, the pursuit of new cancer therapeutics, and the adaptor molecule p130Cas
Current interest in proteasome inhibitors for cancer therapy has stimulated considerable research efforts to identify the molecular pathway to their cytotoxicity with a view to identifying the mechanisms of sensitivity and resistance as well as informing the development of new drugs. Zhao and Vuori describe this month in
See research article:
The potential of proteasome inhibition in tumor therapy was first suggested by the success of the proteasome inhibitor bortezomib in the treatment of multiple myeloma, for which at the time of its approval in 2003 there was no effective therapy. Since then, the emergence of side effects and resistance
Pathways to destruction
The ubiquitin proteasome system (UPS) plays an essential part both in the normal turnover of proteins and destruction of defective ones, and in the regulation of cellular proteins that maintain cell cycle progression, growth, and survival
Figure 1
Schematic representation of protein degradation by the proteasome
Schematic representation of protein degradation by the proteasome. Proteins are tagged for degradation by regulated ubiquitylation, which directs them to binding sites on the 19S regulatory subunits where they are unfolded for degradation in the barrel-shaped 20S catalytic core.
Although the proteasome is essential for the regulated degradation of proteins whose cyclic destruction is required for cell cycle progression, as well as of crucial cell signaling molecules, it is thought to be the accumulation of aggregated proteins that is responsible for the effectiveness of proteasome inhibition in the treatment of multiple myeloma. Multiple myeloma cells are derived from the antibody-producing cells of the immune system, and unlike other tumor cells, produce very large quantities of protein (the immunoglobulin chains that are their specialized product), which makes them unusually susceptible to the toxic consequences of inhibiting the normal degradative mechanisms. Normal cells can survive therapeutic doses of proteasome inhibitors because they have a lower rate of proliferation and consequently less need for proteasomal regulatory functions
The studies of Zhao and Vuori
Role of p130Cas in proteasome inhibitor-induced apoptosis
Cas is a docking protein that participates in the transduction of integrin- and/or cytokine receptor-induced growth and survival signaling
Figure 2
Effects of bortezomib, MG132 or doxorubicin on mouse embryonic fibroblasts overexpressing Cas (Cas+/+) and Cas-deficient mouse embryonic fibroblasts (Cas-/-)
Effects of bortezomib, MG132 or doxorubicin on mouse embryonic fibroblasts overexpressing Cas (Cas+/+) and Cas-deficient mouse embryonic fibroblasts (Cas-/-). shRNA, short hairpin RNA.
Several lines of evidence adduced by Zhao and Vuori
Open questions
The mechanism whereby Cas mediates proteasome-inhibitor-induced apoptosis is not clear. One obvious possibility is that the proteasome inhibitors are acting by allowing the toxic accumulation of protein aggregates which would normally activate the autophagic pathway, and by preventing this, Cas is promoting the apoptotic response to the resulting stress. However, Zhao and Vuori found similar effects of Cas in response to the DNA damaging agent doxorubicin, suggesting that the role of Cas in response to apoptotic stimuli extends beyond that induced by proteasome inhibitors.
Earlier studies have shown that proteasome inhibition promotes Abl-mediated phosphorylation of Crk, disassembly of Cas-Crk complexes (cell migration/survival pathway), and cell death
Zhao and Vuori have been able to rule out one possible contribution of Cas to the apoptotic response to proteasome inhibition and doxorubicin. Cas has a known proapoptotic activity that has been attributed to its cleaved form (Cas-CT), and MG132 indeed induces Cas-CT. In contrast to earlier reports, however, this is not required for the induction of apoptosis since the overexpression of cleavage-resistant Cas mutants in Cas-deficient MEFs increases sensitivity to MG132.
The mechanism of the effects of Cas on the apoptotic response and on autophagy thus remains unclear, and the answer may require an understanding of the role of Cas in normal cells
In any case, it is clear that the specific conditions and cellular context will be important in the influence of Cas on tumor cell survival and drug sensitivity. A number of previous studies, as Zhao and Vuori acknowledge, have shown an association of aberrant expression of Cas with tumor cell survival and drug resistance. For example, the overexpression of Cas activates growth and survival signaling pathways via phosphoinositide 3-kinase/Akt, ERK1/2, epidermal growth factor receptor, Rac, or Src, conferring doxorubicin or tamoxifen resistance
Future studies in various cancer cell types examining Cas expression and associated responsiveness to proteasome inhibitors (and other drugs) may help to inform clinical trials of autophagy inducers or inhibitors in combination therapies.
The authors are supported by NIH grants SPORE-P50100707, PO1-CA078378, and RO1CA050947 (DC and KCA). KCA is an American Cancer Society Clinical Research Professor.
Reversibility of symptomatic peripheral neuropathy with bortezomib in the phase III APEX trial in relapsed multiple myeloma: impact of a dose-modification guideline
Proteolysis: from the lysosome to ubiquitin and the proteasome
Functions of the proteasome: from protein degradation and immune surveillance to cancer therapy
Proteasome inhibition in multiple myeloma: therapeutic implication
Inhibitors of the proteasome block the degradation of most cell proteins and the generation of peptides presented on MHC class I molecules
Proteasome inhibitors activate autophagy as a cytoprotective response in human prostate cancer cells
Autophagy in the pathogenesis of disease
The double-edged sword of autophagy modulation in cancer
Combined autophagy and proteasome inhibition for multiple myeloma: preliminary results of a phase 1/2 trial of hydroxychloroquine and standard dose bortezomib for relapsed or refractory myeloma
The docking protein p130Cas regulates cell sensitivity to proteasome inhibition
Integrin signalling adaptors: not only figurants in the cancer story
Deregulation of proteasome function induces Abl-mediated cell death by uncoupling p130CAS and c-CrkII


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How The FTC Guides Businesses Through Data Breaches
The Federal Trade Commission ("FTC") recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data breach letter to notify individuals of a breach. The agency – which views itself as the nation's primary "privacy police" has faced scrutiny from private parties and courts for allegedly enforcing privacy and data security standards without promulgating specific rules. The agency instead favors outreach efforts, such its blogs, guides and roundtables to educate industry and the public regarding what it views as best practices.
In this vein, the Guide and the model letter are not a "safe harbor" but offer suggestions on important steps that organizations can follow once they discover data breaches. The FTC emphasizes that the Guide does not pertain to the actual protection of personal information or prevention of breaches, because the agency has already issued separate guidance documents on those subjects. In fact, the FTC also recently updated its guide on protecting personal information.
Following a data breach, the Guide suggests key steps organizations can take, which include:
- Mobilizing the company's breach response team to prevent further data loss – the team may include legal, information security, IT, human resources, communications, investor relations, and management; companies may consider hiring an independent forensics team;
- Securing physical areas – lock any physical areas affected by a breach; consider changing access codes;
- Taking affected equipment offline immediately – monitor all entry and exit points, and update authorized users' credentials and passwords;
- Removing improperly posted information from the company's website, for instance in a situation where personal information affected by the breach is posted on the company's website. The FTC also advises companies to search the Internet to see if breached information has been posted on other websites and to contact the owners of those websites;
- Protecting evidence – the FTC reminds companies to retain forensic evidence (e. do not destroy it);
- Documenting the investigation, including interviewing people who discovered the breach and making sure employees (such as customer service representatives) know where to forward information that might assist the company in its investigation;
- Examining service provider relationships, to determine if providers have access to personal information and whether provider access privileges should be changed;
- Determining whether data was encrypted at the time of the breach (note: encryption may obviate the need for data breach reporting in many states);
- Implementing a communications plan that explains the data breach to employees, customers, investors, partners, and others such as the press. The FTC recommends "plain English" answers on a company's website;
- Following legal requirements – such as state data breach notifications and notifying law enforcement;
- Offering at least a year of free credit monitoring – while not required, free monitoring has become standard and most regulators and consumers expect to see the offer in data breach notifications.
As to data breach notification letters, in addition to following the requirements of state laws, the FTC urges companies to advise people what steps they can take, based on the information exposed. When a breach compromises social security numbers, individuals should be directed to contact the credit bureaus to request fraud alerts or credit freezes. Since some scammers pounce on data breach victims, the FTC counsels organizations to tell consumers how they will be contacted going forward. For instance, if the company will never contact individuals by phone, the company should tell consumers that – so individuals can detect telephonic phishing schemes.
The FTC encourages businesses to use the Guide and its accompanying materials to educate employees and customers, such as through newsletters and websites. However, when facing an enforcement action or a lawsuit, will a company's compliance with the Guide offer any relief from FTC or state Attorney General penalties or assist organizations in their defense in private data breach lawsuits? Ultimately, the crux of breach liability usually relates to how it occurred, but taking swift, corrective actions following a breach should aid an organization when dealing with regulators and third parties by showing good faith actions to prevent further damages. Conversely, a company that fails to take corrective actions can exacerbate a breach and further negatively impact affected individuals and the organization.
The FTC's Guide and accompanying materials are helpful references, particularly for smaller businesses. As a practical matter, the words of advice I give companies facing a possible data breach is to first, take the time to determine what happened, how it happened, whether the breach continues, and what you can do to prevent it in the future. While several states require reporting within a set number of days (e.g., 45), the laws allow organizations time to conduct factual inquiries, take corrective measures, and prepare to notify affected individuals. Organizations should not rush through these key steps. Second, communication is key. A company facing a breach should develop a clear, consistent statement regarding the breach, the steps being taken and a single contact point. The lack of a communication plan or a consistent message can cause a huge loss of customer and employee confidence and raise regulators' interest. Third, when preparing data breach notifications, organizations should note that it is likely that the letter will become public due to some states' open records laws. Numerous websites exist that track and publicize data breaches, based upon information in the notifications – often including copies of the actual letters. Companies should not assume that regulators and consumers simply file the letters away. While your organization cannot prevent the publicity, having a clear, concise data breach notification that meets each state's requirements without providing excess data will help the company through the process and associated publicity.
Judge Flunks Case Against LabMD, FTC Appeals
In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore "unfair" under section 5(n) of the Federal Trade Commission Act ("FTCA"). On November 13, 2015, an administrative law judge ruled that the FTC had failed to prove its case.
In 2013, the FTC filed an administrative complaint against LabMD, alleging it had failed to secure personal, patient-sensitive information on its computer networks. The FTC alleged that LabMD lacked a comprehensive information-security program, and had therefore failed to (i) implement measures to prevent or detect unauthorized access to the company's computer networks, (ii) restrict employee access to patient data, and (iii) test for common security risks.
The FTC linked this absence of protocol to two security breaches. First, an insurance aging report containing personal information about thousands of LabMD customers was leaked from the billing manager's computer onto peer-to-peer file-sharing platform LimeWire, where it was available for download for at least eleven months. Second, Sacramento police reportedly discovered hard copies of LabMD records in the hands of unauthorized individuals. They were charged with identity theft in an unrelated case of fraudulent billing and pleaded no contest.
Incriminating as it all might seem, Administrative Law Judge D. Michael Chappell dismissed the FTC's complaint entirely, citing a failure to show that LabMD's practices had caused substantial consumer injury in either incident.
Section 5(n) of the FTCA requires the FTC to show that LabMD's acts or practices caused, or were likely to cause, substantial injury to consumers. The ALJ held that "substantial injury" means financial harm or unwarranted risks to health and safety. It does not cover embarrassment, stigma, or emotional suffering. As for "likely to cause," the ALJ held that the FTC was required to prove "probable" harm, not simply "possible" or speculative harm. The ALJ noted that the statute authorizes the FTC's regulation of future harm (assuming all statutory criteria are met), but that unfairness liability, in practice, applies only to cases involving actual harm.
In the case of the insurance aging report, the evidence showed that the file had been downloaded just once—by a company named Tiversa, which did so to pitch its own data-security services to LabMD. As for the hard copy records, their discovery could not be traced to LabMD's data-security measures, said the ALJ. Indeed, the FTC had not shown that the hard copy records were ever on LabMD's computer network.
The FTC had not proved—either with respect to the insurance aging report or the hard copy documents—that LabMD's alleged security practices caused or were likely to cause consumer harm.
The FTC has appealed the ALJ's decision to a panel of FTC Commissioners who will render the agency's final decision on the matter. The FTC's attorneys argue that the ALJ took too narrow a view of harm, and a substantial injury occurs when any act or practice poses a significant risk of concrete harm. According to the FTC's complaint counsel, LabMD's data-security measures posed a significant risk of concrete harm to consumers when the billing manager's files were accessible via LimeWire, and that risk amounts to an actual, substantial consumer injury covered by section 5(n) of the FTCA.
The Commissioners heard oral arguments in early March and will probably issue a decision in the next several months. On March 20th, LabMD filed a related suit in district court seeking declaratory and injunctive relief against the Commission for its "unconstitutional abuse of government power and ultra vires actions."
Latest German Sausage? Privacy-Wurst by Facebook
Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law providing precedent for many personal privacy rights that have become a cornerstone of American culture. However, in this new digital age of rapid technology change, with real-time access to information and the global exchange of information at the push of a button, new privacy protection questions arise almost daily. The extent to which an individual's private information shared online is subject to privacy protection varies depending on which side of the pond you stand.
European nations generally take a more restrictive approach than the U.S. as to how companies can use personal data. EU nations often go head-to-head with U.S. digital companies over differing interpretations of privacy rights. Both Google and Microsoft have faced multiple investigations outside the United States.
Facebook seems to be a particularly popular target. As the world's largest social network with 1.6 billion monthly users, Facebook earns its revenues from advertising aimed at users, after gathering information from the users' social connections and activities in their posts. Late last month, a German court fined Facebook 100,000 Euros for failing to follow an order issued by a German court four years ago that required the social media site to revise a clause in its terms regarding any intellectual property content posted by users on or in connection with Facebook. The German court had found that the clause in the terms violated consumer rights. While Facebook modified the wording slightly for German users, the German court found that the revised wording still maintains the same underlying message as the original wording. Europe's highest court also recently successfully challenged Facebook as to the way that data was transferred between the European Union and the United States. And just yesterday, a German court ruled that domestic websites could not transfer user data to Facebook via its "like" button without the specific consent of the user.
In a novel link between privacy protection and antitrust, the German competition authority known as the Federal Cartel Office (BKA) opened an investigation on March 2 into whether Facebook abused its dominant position in social networking in order to collect its users' digital information, including placing unfair constraints on the users, who were forced to sign complicated terms and conditions in order to use the network. The investigation seeks to discover whether Facebook users were properly informed about how their personal data would be obtained through the site, including the type of data collected, as well as the extent of the data collected.
One might ask why the BKA would get involved with this novel approach to linking privacy protection to antitrust law. First, under antitrust law, the maximum fines are much greater than those under privacy law. For a company tech giant like Facebook, the fines imposed by data protection authorities can seem negligible, even for the most egregious cases, while antitrust fines pose a much more significant deterrent. Second, Facebook has claimed that it falls only within the jurisdiction of the data protection authority in Ireland, where its international headquarters are situated. By bringing the investigation under the auspice of the antitrust authority, this argument is avoided. The President of the BKA, Andreas Mundt, remarked that, "[d]ominant companies are subject to special obligations," and he went on to say that such obligations include adequate terms of service, as far as they are relevant to the market. He also noted the importance of user data where Internet services are financed by advertising. The BKA noted, ". . . if there is a connection between infringement and market dominance, it could constitute an abusive practice under competition law."
While some question the BKA's position as ambitious and vague, others fear that this case could open the door to other investigations and cases using data protection violations to claim antitrust violations. Whether the BKA is successful or not, this should be a forewarning to other big U.S. technology companies: it is probably not enough to rely on U.S. privacy rules when playing in a global arena.
Internet Law, Privacy, Uncategorized
Highlights And Takeaways from the October 30th FTC Lead Generation Workshop
Exploiting consumers and exploiting consumer data were popular themes in the FTC's October 30th workshop on lead generation, "Follow the Lead." The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved in lead generation—and importantly—how those many layers can add confusion to how consumer data gets collected, sold, used … and misused.
Panelists of the five workshop sessions hailed from industry, government, advocacy groups, and research institutions. They offered insights into both the vulnerabilities and opportunities flowing from the extensive "behind the scenes" market of lead generation. But unsurprisingly, the benefits of lead generation were overshadowed largely by attendant concerns: why is so much consumer data collected, what is done with it, and are consumers aware of how their personal information is being traded and used?
The workshop included two "case study" panels on lending and education. For the panel on lead generation in lending, Tim Madsen of PartnerWeekly provided an overview of how the "ping tree" model works. Connecting prospective borrowers with lenders through a reverse auction of borrower leads, the "ping tree" model may be an efficient way of matching borrowers and lenders. However, Pam Dixon, Executive Director of World Privacy Forum, highlighted her concerns that lenders are receiving consumer data that would otherwise be protected under the Equal Credit Opportunity Act and therefore that the online process is circumventing important consumer protection laws. For instance, the online lending process may require certain personal information from borrowers in order filter fraudulent requests. But that personal information (e.g., gender or marital status) otherwise could not be part of the loan application process. Dixon felt the disclosure of protected information was one that needed to be addressed from both a technical and a policy standpoint. And it is an issue she raised on subsequent panels during the conference, indicating a possible pressure point for future regulatory action.
The panel on lead generation in education was highly charged, due to the controversial nature of marketing higher education and due to the negative attention on for-profit education. Despite many people's assumption that online marketing in education is largely a tool of the for-profit education industry, Amy Sheridan, CEO of Blue Phoenix Media, provided some surprising statistics: state and private institutions represent roughly forty percent of her business in the education vertical. Even renowned schools like Harvard and Yale are employing lead generation to gain students in their programs.
But given the extensive access to federal funds through higher education, consumer advocates highlighted concerns over students being preyed upon by unscrupulous educators. Jeff Appel, Deputy Undersecretary of Education at the Department of Education, attributed the problem in part to the lack of underwriting in federal student loans. [Query: Wouldn't it make sense to add underwriting to the federal student loan process? Statistically, private student loan repayment fares much better thanks to this preliminary screening.]
In support of responsible advertising for educational programs, Jonathan Gillman, CEO of Omniangle Technologies, identified the need for clear guidance on appropriate marketing tactics, which may better address problems than resorting to law enforcement. He pointed out the adverse consequences of clamping down on educators' online advertising: educators are now afraid to advertise online and that space is being filled by affiliates who are more apt to cross the line into deceptive advertising.
Appel provided some general guidance for schools working with lead generators. Schools should (1) monitor how lead generators are representing programs and ensure their ads are not deceptive, (2) make sure payment for advertising does not implicate regulations against incentive-based compensation, and (3) be aware that the actions of lead generators may come under the Education Department's purview if they are providing additional assistance (e.g., processing student applications).
Both Appel and consumer advocates seemed to agree, though, that laws and regulations already in place were sufficient to address consumer protection concerns in the education marketing space. It is only a matter of having the resources to enforce those laws and regulations. Appel also suggested that state regulators could curb issues by better screening schools.
Throughout the day and across the panels, FTC representatives turned to the concept of "remnant information," i.e. consumer information that is longer being used. FTC attorney Katherine Worthman asked panelists various questions about what ultimately happens to this information. R. Michael Waller, another FTC attorney and panelist, noted his concern that companies have an economic interest in maintaining and possibly selling remnant information, and that such information is increasingly vulnerable to fraudsters. These FTC attorneys thus pressed about policies on consumer data retention. Aaron Rieke of Upturn supported the FTC concerns and noted that nothing in the company privacy policies (that he's reviewed) prevents the sale of consumer data: "privacy policies are shockingly permissive when you look at how much information is being provided."
Another popular issue was whether and to what extent disclosures to consumers are sufficient: are consumers aware of how their information is being traded? The general consensus among panelists was that consumers remained ignorant to the sale and use of the personal information they provide online.
Upshot from the workshop: Lead generators, and the companies using them, should be aware of the growing interest by federal regulators in (1) how consumer data is being collected, retained, and sold and (2) the extent to which people up and down the online marketing supply chain are vetting the buyers and sellers of consumer data. Other takeaways from the conference: Companies should ensure their data collection and retention policies comply with applicable state and federal law. Finally, it is important for companies to ensure their practices comply with both their policies and their disclosures.
Affiliate Marketing, Internet Law, Privacy
State Attorneys General Tell Congress: "Back-Off Our Data Breach Authority"
Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential data breach at its hotel chain. If you visited the Detroit Zoo recently, you may want to check your credit card statements, as the zoo's third party vendor detected "malware" which allowed access to customers' credit and debit card numbers. And, certainly, none of us can forget the enormous data breach at Target, and the associated data breach notifications and subsequent lawsuits.
For years, members of Congress have stressed the need for national data breach standards and data security requirements. Aside from mandates in particular laws, such as HIPAA, movement on data breach requirements had stalled in Congress. Years ago, however, the states picked up the slack, establishing data breach notification laws requiring notifications to consumers and, in many instances to attorneys general and consumer protection offices when certain defined "personal information" was breached. California led the pack, passing its law in 2003. Today, 47 states have laws requiring organizations to notify consumers when a data breach has compromised consumers' personal information. Several states' laws also mandate particular data security practices, including Massachusetts, which took the lead on establishing "standards for protection of personal information."
Many businesses and their lobbying organizations have urged Congress to preempt state laws and establish a national standard. Most companies have employees or customers in multiple states. Thus, under current laws, organizations have to address a multitude of state requirements, including triggering events, types of personal information covered, how quickly the notification must be made, who gets notified, what information should be included in the notification, among others. State Attorneys General, on the other hand, assert that, irrespective of these inconveniences, their oversight of data breaches through the supervision of notifications and enforcement has played a critical role in consumer protection.
This week, the Attorneys General from the 47 states wrote to Congressional leaders, urging Congress to maintain states' authority in any federal law, by requiring data breach notifications, and preserving the states' enforcement authority.
The AGs' key points are:
- State AG offices have played critical roles in investigating and enforcing data security lapses for more than a decade.
- States have been able to respond to constant changes in data security by passing "significant, innovative laws related to data security, identity theft, and privacy." This includes addressing new categories of information, such as biometric data and login credentials for online accounts.
- States are on the "front lines" of helping consumers deal with the fallout of data breaches and have the most experience in guiding consumers through the process of removing fraudulent charges and repairing their credit. By way of example, the Illinois AG helped nearly 40,000 Illinois residents remove more than $27 million in unauthorized charges from their accounts.
- Forty states participate in the "Privacy Working" group, where state AGs coordinate to investigate data breaches affecting consumers across multiple states.
- Consumers keep asking for more protection. Any preemption of state law "would make consumers less protected than they are right now."
- States are better equipped to "quickly adjust to the challenges presented by a data-driven economy."
- Adding enforcement and regulatory authority at the federal level could hamper the effectiveness of the state law. Some breaches will be too small to have priority at the federal level; however, these breaches may have a large impact at the state or regional level.
Interestingly, just this week, Rep. David Cicilline (D-RI) introduced a House bill mandating that companies inform consumers within 30 days of a data breach. The bill also requires minimum security standards. Representative Cicilline's bill would not preempt stricter state-level data breach security laws. The bill also contains a broad definition of "personal information" to include data that could lead to "dignity harm" – such as personal photos and videos, in addition to the traditional categories of banking information and social security numbers. The proposed legislation would also impose civil penalties upon organizations that failed to meet the standards.
Without a doubt data breaches will continue – whether from bad actors, technical glitches, or common employee negligence. The states have certainly "picked up the slack" for over a decade while Congressional actions stalled. Understandably, the state AGs do not want Congress taking over the play in their large and established "privacy sandbox." Preemption will continue to be a key issue for any federal data breach legislation before Congress. As someone who has guided companies through multi-state data breach notifications, I have seen firsthand that requiring businesses to deal with dozens of differing state requirements is costly and extremely burdensome. Small businesses, in particular, are faced with having to grapple with a data security incident while trying to understand and comply with a multitude of state requirements. Those businesses do not have the resources of a "Target" and complying with a patchwork of laws significantly and adversely impacts those businesses. While consumer protection is paramount, a federal standard for data breach notification would provide a common and clear-cut standard for all organizations and reduce regulatory burdens. While the federal standard could preempt state notification laws, states could continue to play critical roles as enforcement authorities.
In the interim, companies must ensure that they comply with the information security requirements and data breach notifications of applicable states. An important, and overlooked aspect is to remember that while an organization may think of itself as, say a "Vermont" or "Virginia" company, it is likely that the company has personal information on residents of various states – for instance, employees who telecommute from neighboring states, or employees who left the company and moved to a different state. Even a "local" or "regional" company can face a host of state requirements. As part of an organization's data security planning, companies should periodically survey the personal information they hold and the affected states. In addition to data breach requirements in the event of a breach, organizations need to address applicable state data security standards.
Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices
As children, many of us were taught how important it is to "keep your word." Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions or practices, such as maintaining certain security features or implementing consumers' choices on opt-outs, the organization must abide by those practices. Many companies have faced the Federal Trade Commission's ("FTC") ire when the agency found the organizations' practices failed to comport with their privacy promises. Recently, the FTC settled the first action against a retail tracking company, Nomi Technologies, Inc. ("Nomi"). The FTC alleged that Nomi mislead consumers with promises that it would provide an in-store mechanism for consumers to opt-out of tracking and that consumers would be informed when locations were utilizing Nomi's tracking services. In fact, according to the FTC, Nomi did not provide an in-store opt-out and did not inform consumers of locations where the tracking services were used. This action signals that the FTC will continue to exert its jurisdiction over privacy practices it deems false or deceptive, including those occurring in emerging technologies like retail tracking.
The FTC's complaint stated that Nomi's technology (called its "Listen" service) allows retailers to track consumers' movements through stores. The company places sensors in its clients' stores, which collect the MAC addresses of consumers' mobile devices as the devices search for WiFi networks. While Nomi "hashes" the MAC addresses prior to storage in order to hide the specific MAC addresses, the process results in identifiers unique to consumers' mobile devices which can be tracked over time. Nomi provided its retail clients with aggregated information, such as how long consumers stayed in the store, the types of devices used by consumers, and how many customers had visited a different location in a chain of stores. Between January and September 2013, Nomi collected information on approximately 9 million mobile devices, according to the FTC's complaint.
What Nomi did wrong, according to the FTC, was fail to honor its privacy policy which "pledged to…always allow consumers to opt out of Nomi's service on its website as well as at any retailer using Nomi's technology." Nomi presented an opt-out on its website, but (per the complaint), no option was available at retailers using Nomi's service. The FTC also asserted that consumers were not informed of the tracking (contrary to the privacy policy promises). Thus, the FTC alleged that Nomi's privacy promises were false because no in-store opt-out mechanism was available, nor were consumers informed when the tracking occurred.
Nomi's settlement does not require any monetary payment but prohibits Nomi from misrepresenting the options through which consumers can exercise control over the collection, use, disclosure or sharing of information collected from or about them or their devices. The settlement also bars Nomi from misrepresenting the extent to which consumers will be provided notice about how data from or about a particular consumer or device is collected, used, disclosed or shared. Nomi is required to maintain certain supporting records for five years. As is typical with FTC consent orders, this agreement remains in force for 20 years.
What can companies learn from Nomi's settlement, even those not in the retail tracking business?
- While this is the first FTC action against a retail tracking company, the FTC has repeatedly stated that it will enforce the FTC Act and other laws under its jurisdiction against emerging as well as traditional technologies.
- Consumers could opt-out on Nomi's website by providing a MAC address in an online form. The FTC did not seem to have a problem with this part of Nomi's practices. If Nomi had not promised that consumers could also opt-out at the retail locations, and that they would be notified of tracking, there would not have been an FTC action. In other words, it was Nomi's words (in its privacy policy) that got it in hot water with the FTC. All companies should review their privacy policies regularly to make sure the language comports with their practices. If you don't do it, don't say it.
- The FTC noted that Nomi had about 45 clients. Most of those clients did not post a disclosure or notify consumers regarding their use of the Listen service, and Nomi did not mandate such disclosures by its clients. The FTC did not address what, if any, obligation, these businesses may have to make such disclosures. Will it become common/mandated to see a sign in a retail location warning that retail tracking via mobile phones is occurring (similar to signs about video surveillance)? One industry group's self-regulatory policy requires retail analytics firms to take "reasonable steps to require that companies using their technology display, in a conspicuous location, signage that informs consumers about the collection and use of MLA [mobile location analytics] Data at that location." This issue will become more prevalent as more retailers and other businesses use tracking technology.
- Interestingly, the FTC brought this action even though traditional "personal information" was not collected (such as name, address, social security number, etc.). Organizations should not assume that collecting IP addresses, MAC addresses, or other less personalized information presents no issues. The FTC takes privacy statements seriously, whatever the information collected (though certainly there is more sensitivity toward certain categories such as health, financial, and children's information).
The bottom line is "do what you say" when it comes to privacy practices. All companies should evaluate their privacy policies at least every six months to ensure that they remain accurate and complete, have working links (if any), and reflect a company's current practices.
Yelp Fights for the Right to Complain Anonymously
In e-commerce, user reviews can make or break a business. Review sites such as Yelp are a double edged sword for merchants and service providers: on one hand satisfied customers can generate buzz about the company and bring in new customers, and on the other hand dissatisfied customers can use it as a very public platform to air their grievances and discourage new business.
Review sites such as Yelp maintain policies protecting users' anonymity, a major source of frustration among business owners. By remaining anonymous, users can make potentially defamatory statements and leave the businesses with little recourse to hold the individuals accountable. A recent ruling by the Virginia Supreme Court has demonstrated the long and tortured road that businesses must take to challenge the anonymity of these unnamed users.
In 2012 a small Virginia company, Hadeed Carpet Cleaning Inc., brought suit against unnamed Doe defendants for allegedly defamatory statements published about Hadeed on the Yelp review website. According to Hadeed, a number of negative reviews did not match up to records of the company's existing customers, and therefore the company suspected that the false statements were published by individuals who had never used the company's services. The Circuit Court for the City of Alexandria, Virginia, issued a subpoena to Yelp requiring it to provide identifying information about the anonymous users. Yelp refused to comply, and the Circuit Court held Yelp in contempt.
Yelp appealed, arguing that the court's order violated the First Amendment by forcing the company to identify the anonymous users. In January 2014 the Court of Appeals upheld the Circuit Court's order, applying a six-prong procedure Virginia's "unmasking statute," which provides that the court may issue a subpoena to unveil the identity of an individual speaking anonymously over the internet where (1) notice of the subpoena was served on the anonymous speaker through his internet service provider, (2) the plaintiff has a legitimate, good faith basis to contend that communications may be tortious or illegal, (3) other efforts to identify the speaker have been fruitless, (4) the identity of the communicator is important, (5) there is no pending motion challenging the viability of the lawsuit, and (6) the entity to whom the subpoena is addressed is likely to have responsive information.
The Court of Appeals noted that Hadeed had followed the proper procedure in requesting the subpoena. The court found that the company's evidence that the reviews did not match customer records was sufficient to establish they were not published by actual customers of the company, and were therefore likely to be false.
Yelp appealed the Circuit Court decision to Virginia's Supreme Court. Last month, the Virginia Supreme Court issued an anticlimactic ruling dismissing the case on jurisdictional grounds, stating that the case should have been brought in California where Yelp is headquartered and where the responsive records are located.
If Hadeed chooses to resume the case in California, if will face a somewhat higher burden in obtaining the names of the users. Notably, Virginia is the only state in the country to have enacted an unmasking statute. In most states, the courts will no issue a subpoena until the plaintiff has established a prima facie case for defamation—significantly more than the "legitimate, good faith basis" used in Virginia.
Internet Law, Privacy
Another Class Action Pops Up For Complaints About Pop-Ups
A class action lawsuit recently instituted in federal court in the Northern District of California, Hunter v. Lenovo et al., alleges that Lenovo Inc., a computer manufacturer, violated its customers' rights by selling computers which came preinstalled with alleged spyware manufactured by Superfish Inc., another named defendant. The purported class alleges that the Superfish software monitors user activity and displays pop-up ads, among other things, as part of an "image-based search" function which identifies images on the user's screen and seeks out similar images on the web. The complaint states causes of action for violations of the Electronic Communications Privacy Act and the Stored Communications Act, as well as unjust enrichment.
The Stored Communications Act ("SCA"), 18 U.S.C. §§ 2701-2712 provides criminal penalties for anyone who "intentionally accesses without authorization a facility through which an electronic communication service is provided" or "intentionally exceeds an authorization to access that facility." The SCA has been cited by plaintiffs in other class actions in which users allege that a technology company has overstepped its bounds. For instance, in Perkins v. LinkedIn Corp., No. 13-CV-04303-LHK, 2014 WL 2751053 (N.D. Cal. June 12, 2014), a putative class of LinkedIn users alleged that the social networking company violated the SCA by collecting contacts from users' external email accounts. The court granted LinkedIn's motion to dismiss the SCA claims, noting that the users consented to the collection of email addresses in a prominent disclosure, and therefore LinkedIn was "authorized" to collect the information, an exception to the SCA pursuant to 18 U.S.C. §2701(c).
The complaint in Hunter v. Lenovo attempts to preempt a consent defense, alleging that "Plaintiff never agreed to any terms or conditions regarding the Superfish Surveillance Software. Accordingly, Plaintiff never consented to Defendants' monitoring of, access to, and/or interception of his internet communications." However, according to a January 23, 2015 forum post by a Lenovo administrator (since edited to link to Lenovo advisory), users had the opportunity to decline the Superfish software Terms of Use, thus disabling the software. If this proves to be true, then it would be consistent with the court's determination in LinkedIn that a user's consent may serve as a defense against an SCA claim. Unlike LinkedIn, however, the Hunter SCA claim may not be appropriate for resolution at the motion to dismiss stage because it raises an issue of disputed fact which may require discovery.
Although the suit is still pending, Lenovo has reversed course on the Superfish software. Lenovo has disabled Superfish on computers which came pre-installed with the software, its websites offer instructions for users to uninstall the software altogether, and Lenovo computers no longer come preinstalled with the program. While these remedial actions may be an appropriate response to user concerns, they do not constitute an admission of legal liability in the class action suit. The defendants may still argue that users consented to the software, even as they remove it from the computers.
Communications Law, Privacy
The Federal Wiretap Act and the Law of Unintended Consequences
The law of unintended consequences – a distant cousin of Murphy's Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from adware installed on personal home computers.
Take, for example, the recently filed case of Bennett v. Lenovo (United States), Inc. In that case, the plaintiff seeks to represent a class of purchasers of Lenovo laptop computers complaining that "Superfish" software that was preloaded on the laptops directed them to preferred advertisements based on their internet browsing behavior. The most interesting claim included in the complaint is the assertion that Lenovo and Superfish violated the Federal Wiretap Act.
Wiretap? What wiretap?
The Federal Wiretap Act was originally passed as Title III of the Omnibus Crime Control and Safe Streets Act of 1968. These provisions were included, at least in part, as a result of concerns about investigative techniques used by the FBI and other law enforcement agencies that threatened the privacy rights of individuals. In passing the Wiretap Act, Congress was clearly focused on the need to protect communications between individuals by telephone, telegraph and the like. The Electronic Communications Privacy Act of 1986 (ECPA) broadened the application of the statute by expanding the kinds of communications to which the statute applied. But the focus was still on communications between individuals.
As is often the case, technology is testing the boundaries of this nearly 50-year-old law. The Bennett case is not the first case in which a plaintiff has argued that software on his or her computer that reads the user's behavior violates the Wire Act. In some cases, the software in question has been so-called "keylogging" software that captures every one of a user's keystrokes. Cases considering such claims (or similar claims under state statutes modeled after the federal Act) have been split – some based on the specifics of when and how the software actually captured the information, and others based possibly on differences in the law in different parts of the country.
One of the more interesting cases, Klumb v. Gloan, 2-09-CV 115 (ED Tenn 2012), involved a husband who sued his estranged wife when he discovered that she had placed spyware on his computer. At trial, the husband demonstrated that during his marriage, his wife installed eBlaster, a program capable of not only recording key strokes, but also intercepting emails and monitoring websites visited. The husband alleged that once intercepted, the wife altered the emails and other legal documents to make it appear as if the husband was having an affair. The motive? Money, of course. Adultery was a basis to void the pre-nuptial agreement that the parties had executed prior to their ill-fated marriage. The wife – who was a law school graduate – argued that the installation was consensual. Although consent is a recognized defense to a claim of violating the Federal Wiretap Act, for a variety of reasons, the court discredited the wife's testimony regarding the purported consent and awarded damages and attorney's fees to the husband plaintiff.
The Bennett plaintiffs may or may not succeed in showing the facts and arguing the law sufficient to prevail in their claim, and we know too little about the facts in that case to express a prediction of the result in that case. But we can state with confidence that the continued expansion of how the Wiretap Act is applied will, at some point, require that Congress step in and update the statute to make clear how it applies in the new internet-based world in which we now live.
Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation "Club"
What do Whole Foods, Chuck E. Cheese, Michael's Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act ("FCRA"). Although Congress passed the FCRA way back in 1970 and litigation has focused on credit reporting agencies' duties under the law, class action plaintiff firms have recently focused on the FCRA's employer-related provisions. Several large settlements (such as Publix's $6.8 million class action settlement, Dollar General's $4 million, and K-Mart's $ 3 million) have spurred further litigation. While some of the alleged FCRA violations may appear minor or technical in nature, these "technical violations" still result in costly lawsuits. Employers should re-familiarize themselves with the FCRA to avoid becoming class action defendants.
The FCRA's Employer-Related Provisions
Many employers understandably want to conduct background checks on prospective employees, or current employees who may be obtaining new responsibilities or accessing sensitive information. In particular, companies in the retail and restaurant sectors, whose employees have access to cash receipts and credit card account numbers, want to guard against employees whose background checks may reveal issues of concern. Further, organizations whose employees enter homes and businesses (such as service providers – e.g., carpet cleaners, plumbers, contractors) have additional concerns about potential liability.
The FCRA is usually thought of as a federal law that regulates consumer reporting agencies, like credit bureaus. However, the FCRA also prescribes certain requirements for employers who use consumer reports. The FCRA broadly defines the term "consumer reports" as information prepared by a consumer reporting agency "bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for—credit or insurance to be used primarily for personal, family, or household purposes; employment purposes" or other permitted purposes. This definition draws in more than a traditional credit report. It can include driving records, civil lawsuits, and reference checks, among other information.
Disclosure and Consent
Employers may not obtain a consumer report from a consumer reporting agency unless they first make a "clear and conspicuous" written disclosure to the prospective employee/employee. The disclosure document must consist "solely" of the disclosure that a consumer report may be obtained. The job applicant/employee must provide written permission for the employer to obtain a consumer report. The FTC has indicated the disclosure form may include a signature line for the individual's consent. (In 2001, the FTC also issued an opinion letter stating it believes such consent can be obtained electronically, consistent with the federal E-Sign law). The employer further certifies to the consumer reporting agency that is has a permissible purpose for the report and that it has complied with the FCRA and applicable equal opportunity laws.
These steps sound simple enough, however, litigation has ensued based upon employers' alleged failures to comply. For instance, in the Whole Foods case in federal court in California, the plaintiffs claim the online application process included a liability waiver in the disclosure form for the background check, allegedly violating the FCRA requirement that a disclosure form not include other information. In a separate case in federal court in Florida involving retailer Nine West, the plaintiff alleges he did not receive a separate form, and that the background check authorization was on a web page with various other types of information.
Adverse Action Based on Report
If the employer intends to take "adverse action" against the prospective employee/employee (based even in part on the information in the report), the FCRA requires the employer to follow certain additional steps. The term "adverse action" includes "a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee."
Before the employer takes the adverse action, it must provide a "pre-adverse action" notice to the affected person. This notice must include a copy of the consumer report and a statutory "Summary of Rights." (This is an updated form, required since January 2013 by the new Consumer Financial Protection Board, which now has responsibility for FCRA rulemaking). The purpose of this notice requirement is to permit the individual to discuss the report with the employer before the employer implements the adverse action.
Next, if the employer intends to take the adverse action, the FCRA requires the employer to provide an adverse action notice to the individual. This notice must contain certain information, including:this is a test one
the name, address, and telephone number of the consumer reporting agency that provided the report;
a statement that the consumer reporting agency did not make the adverse decision and is not able to explain why the decision was made;
a statement setting forth the applicant's or employee's right to obtain a free disclosure of his or her report from the consumer reporting agency if the individual requests the disclosure within 60 days; and
a statement regarding the individual's right to dispute directly with the consumer reporting agency the accuracy or completeness of any information contained in the report.
In a case involving Domino's Pizza employees, the company settled a class action that included allegations that it took adverse employment actions against certain individuals based on information contained in consumer reports without providing those individuals the required notice and a copy of such reports in advance. K-Mart settled a class action suit based upon allegations that the statement of consumer rights provided to individuals after a background check contained outdated disclosures, among other alleged FCRA failures.
Liability and Enforcement
Plaintiffs can pursue a private right of action against employers for negligently or willfully violating the FCRA. Claims regarding negligent violations allow actual damages and reasonable attorneys' fees and costs. Willful violations can result in actual damages or statutory damages ranging between $100 and $1,000, plus punitive damages and attorneys' fees and costs. The Federal Trade Commission ("FTC") has also brought actions against employers for FCRA violations.
10 Steps to Avoid Becoming a FCRA Defendant When Using Employment Background Checks
1. Review your current background check practices for prospective and current employees, including any online application materials.
2. Review disclosure/consent forms for compliance. Ensure you are presenting applicants or current employees with a simple, one page disclosure form. The form should inform individuals that you intend to obtain a consumer report for employment purposes.
3. You must obtain consent from the prospective employee/employee. You may include a line on the disclosure form for the individual to acknowledge and grant consent. Do not include other material, such as liability waivers, confirmation of at-will employment, or seek other consents.
4. If your application process is online, ensure the disclosure/consent is displayed separately, on one screen, without other content.
5. If you intend to conduct background checks periodically during an individual's employment, state that in the disclosure and consent form.
6. Do not seek consent verbally. FCRA requires "written" consent (though FTC has stated it may be electronic).
7. Maintain backup of the disclosure and consent forms for at least 5 years from the date they were provided. (Lawsuits must be brought by the earlier of two years after the date of the plaintiff's discovery of the violation, or five years after the date on which the violation occurred).
8. If you intend to take adverse action based on information in the consumer report, you should be providing the individual with a pre-adverse action notice, a copy of the consumer report, and the "Summary of Rights." Ensure you are using the most updated "Summary of Rights."
9. You should wait a reasonable amount of time (at least 5 days) before issuing an adverse action notice. Your company's adverse action notice must contain the information required under the FCRA (see bulleted information, above).
10. Check state law regarding background checks for the states in which you operate/solicit employees. Some states have similar requirements to FCRA; others may further restrict the types of information you can request.
* * *
The FTC/EEOC have issued a joint statement on background checks. While many employers need to conduct background checks to avoid liability and risks to their businesses, employers also need to follow the FCRA's mandates to avoid the deep end of litigation "pool."


text:
Hello all, currently we use Web Ex to video conference. We have two offices connected via a VPN. We use a conference bridge for the audio, and then we use video cameras with Web Ex to see the other location. The problem is that the video lags a bit, and the audio sounds like a telephone. (Which it is). Is there a better solution out there?
4 Replies
Jan 20, 2012 at 1:13 UTC
Check out this company.I've never used them but they're popular now.
In the old days (5 years ago) I managed the IT dept for a company with many offices. We used various Polycom units and they worked very well, but the key was the ISDN lines each office had. ISDN is perfect for video conferencing.
The issue with IP is that the packets flow quickly but don't "assemble" in the proper order resulting in choppy video or bad audio.
IP works a little better with a point to point T1 as opposed to a vpn of the internet.
Jan 20, 2012 at 1:44 UTC
I can answer your questions on the LifeSize end, but not sure if you're looking for a free service? Unfortunately we don't have anything free at the moment.
Feb 4, 2012 at 4:02 UTC
Brand Representative for Mushroom Networks, Inc.
Nick, what type of uplink speed do you have (from main to branch and branch to main). You bottle-neck will be your uplink for your vid-con system, especially if you are using the same links for regular Internet traffic. You may look into increasing that bottleneck and/or traffic shaping. If you have enough bandwidth (and good latency) in most systems, you can increase the quality of your audio and video (or in some cases, they will auto-adapt).
Feb 4, 2012 at 5:48 UTC
we are using this product:
simply the best..
This discussion has been inactive for over a year.
You may get a better answer to your question by starting a new discussion.


text:
How do you pay off debt when you're living paycheck to paycheck and don't have any money? I get this question just about every week from readers who want to pay down their debt but don't feel like they have the income to do it.
I certainly understand that line of thinking. You're living paycheck to paycheck, barely making ends meet, and it just seems impossible to pay down debt when you have a…
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text:
I Want to Do a Cultural Exchange
Personal Stories, Advice, and Support 7 People
Chinese Education, USA Education, And the Possibility of Averting A 2019 Climate Change Disaster In The USA through Cultural ExchangeI wanted to engage in cultural exchange regarding world issues such as climate change, and have succeeded in doing so in an international chat room. International agreements often explicitly protect such cultural exchange. For example, Chinese and American chatters are legally...
m108rfd 56-60, M 3 Responses 1 Jun 30, 2013


text:
Now Viewing:
Morovision Night Vision is a benchmark distributor of the latest technology in the world of night vision and accessories. By focusing on exceptional quality and craftsmanship, they maintain the highest standards for night vision specifications and customer satisfaction.
Whether you're engaged in covert off-shore tactical maneuvers, or sneaking up on an unsuspecting lobster, the MV-14 Divers Mask brings the power of night vision to your underwater operation.
This mask allows right or left eye orientation of the MV-14 night vision monocular, while providing dual-range axis movements for proper centering of the exit pupil. Additionally, this mask also features a provision for a submersible ACD (Advanced Combat Display).


text:
Dubrovnik Croatia City Break
Dubrovnik is the jewel of Croatia. The walled city juts out into the clear waters of the Adriatic. When approaching Dubrovnik's old harbour, with its rows of boats lined up neatly, and the fortified ramparts rising out of the ocean, it provides an entrancing spectacle. A long stretch of beach just outside the walls of the city gives you ample opportunity to rest on the sands or take a dip.
The city, when seen from the hills nearby, is a sea of orange rooftops interrupted with the odd spire or fortification.
Dubrovnik has plenty of hidden corners to discover. To get a feel for its dimensions you could take a walk on the high city walls that offer views out to sea, or you could amble through the maze of narrow side streets that will open up occasionally into squares with entertainment and sitting areas.
Walking down the central thoroughfare of Stradun, the ancient city will draw you in. You can stop for a drink of water at the unusually large Onofrio's fountain and watch the world go by.
There are plenty of very old buildings to investigate, including the oldest arboretum in the world which dates back to before 1492 and the third oldest pharmacy in the world which you will find in a monastry.
Although often compared to Venice, Dubrovnik is a very unique destination. It is crammed with wonders for the senses and you can easily reach the best of the city on foot.
George Bernard Shaw visited the city in the 1920s and said, "if you want to see heaven on earth, come to Dubrovnik" - a quote which has stood the test of time.
Flights from London Gatwick to Dubrovnik. Airport transfer to your hotel. Remainder of the day is at your leisure.
After breakfast you will have the day at leisure to explore Dubrovnik.
Check out of hotel after breakfast, free time in Dubrovnik before your airport transfers for your return flight to the UK.
Request a Call Back / Email
Tour Includes
- Return flight to Dubrovnik
- Bed and breakfast at 4* Grand Hotel Park
- Airport Transfers in Dubrovnik
Not included
- Travel insurance


text:
How to Use Google Input Tool to Type in Any Languages
Have you ever tried to type in a language that you are not familiar with? For example, I know English, Hindi and Urdu language, but I can type in English only. I tried a couple of times, and it feels too difficult and frustrating. However, Google Input Tool can make this job easier. Google Input Tool allows to type in almost all the language, and it's very easy to use it.
You can even type in a language that you don't know, but you will remain in doubt if Google has typed exactly what you want or something else, because you can't even read the language you have typed. Such apps are not the perfect solution for all situation, so you will need the help of a professional if you are doing this for your work. If you can read and understand the language, you can type like a professional, and it can also be used for work purpose.
Google Input Tool is available for Following Devices
- Android Phones and Tablets
- Windows PCs
- Google Chrome
Google Input Tool can be downloaded from this page.
Don't forget to enable it from Setting if you are downloading for Android device. It is located under Language & Input Option. Once it is enabled you can use it while typing on your Android Device.
How to get Google Input Tool on Mac OS X and Linux
If you have a Mac or Linux computer, you can Install Google Chrome on your computer, and add Google Input Tool Extension to Chrome Browser. Once added to Chrome, you can click on it to use. You can also do the same on Windows PCs if you don't want to install the application.
How to use Google Input Tool to type in any languages on Computer
- Once you have added the Google Input Tool Extension to Chrome Browser, click the Google Input Tool Extension, and select Extension Options
- Now Google will take you to a page where you need to Add the Languages to this Input Tool that you want to use. You can add one our multiple Keyboards. You will also get Sign in option on the page. You can sign in to save the settings
- Now Select the Language one by one, and hit the Arrow sign to add it
- Once added you can click the Google Input Tool Extension, and hit the Keyboard you want to use
- Now go to the page where you want to type. For example, you can type in email, forums etc.. You can also use this free online tool to type, and copy text from here, and paste anywhere else
- Whatever you type, it will be typed in the language you have selected. However, you must understand that this is a keyboard app that types in many languages, but doesn't translate. For example, Hindi translation of this english sentence "I am playing Mario" is "Main Mario khel raha Hun." But, when you type "I am playing Mario," Google Keyboard will type the same in Hindi. So don't use it as translator app
- Don't forget to turn off Google Input Tool after it has served your purpose, else whatever you type in Google Chrome, it will be typed in the language you have selected. Click on Google Input icon within Chrome browser, and hit Turn Off option. If it is already turned off, you won't get this option
Here is a demo video how you can add languages to Google Input Tool and use them


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1/2"-13 Steel Zinc Plated Wing Nut Refills, 8 pk.
VALUE BRAND| Zoro #: G2233725| Mfr #: 1ZA97
Zoro #: G2233725Mfr. Part #: 1ZA97
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Orders over $50.00 ship free. DetailsStandard ground shipping
Technical Specifications
|Zoro #: G2233725 Mfr #: 1ZA97
|Material: steel
|System of Measurement: Inch
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|Item: Wing Nut Refill
|Size: 1/2-13
|Country of Origin (subject to change): China
Product Description
Wing Nut Refill, Steel, Zinc Plated Finish, 1/2-13, For Use With G2031215, Package 8


text:
Submit News
NASA Begins Layoffs Leading up to Shuttle Retirement
Michael Barkoviak
May 1, 2009 2:36 PM
Recipient E-mail
Sender E-mail
After years of service, the venerable NASA Space Shuttle is nearing retirement, and with it comes contractor layoffs.
(Source: NASA)
The first round of job cuts hit NASA's contractors
NASA will go ahead and retire the current shuttle fleet next year with nine manned launches left, with job cuts now officially under way for contract workers.
"They are primarily manufacturing team members," according to NASA shuttle Program Manager John Shannon. "We have delivered the last pieces of hardware that those team members produce and we don't keep them on the (payroll). And that is in order to get our budget down to the marks and the assumptions we made early on. So we will start tomorrow and continue with the workforce reduction we had outlined."
The first wave of job cuts includes 160 contract workers, as an expected 900 jobs will be eliminated through September. The first layoff notices are being sent to contractors responsible for developing the shuttle external fuel tank in New Orleans and solid rocket booster developers in Utah.
NASA currently has about 14,000 contractors from Lockheed Martin, Boeing, and a number of other companies -- though other job cuts are expected, NASA is relying on the same contractors to help
develop Orion
and Ares.
It's possible
thousands of jobs will be lost among contractors
across the U.S. and workers located on Florida's "Space Coast." Aside from engineering jobs, the Space Coast economy is expected to take an extremely strong hit, with hotels, restaurants, and other businesses concerned about lost revenue over the next five years.
NASA reportedly was interested in looking into
extending shuttle service in 2015
, but the cost and risks involved were too much. The current administration was concerned about the U.S. space agency's increased reliance of shuttling astronauts and supplies to the ISS by the Russian space agency.
President Obama is interested in adding one additional manned shuttle launch to the ISS, but won't delay the shuttle fleet's retirement.
Also announced in the press conference: NASA will go ahead with the scheduled May 11 launch of shuttle Atlantis to the Hubble Space Telescope. This marks the last time a current shuttle will be sent somewhere else other than the ISS, and will be the last time the aging telescope receives a repair mission.
"There's no chance that the iPhone is going to get any significant market share. No chance." -- Microsoft CEO Steve Ballmer
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Retail Stocks to Mix and Match: Macy's (M)
It appears very little of the $1 trillion bounty President-elect Trump was beating his chest over found its way inside of Macy's this holiday season.
Consumers might still devour the company's celebrated Thanksgiving Day parade each year, but actual foot traffic inside Macy's stores was poor enough to result in the announced closing of dozens of stores nationwide and force the retail stock to issue downside guidance.
The fact is, though, the problems facing Macy's are nothing new.
Thursday's news is part of an ongoing effort by the company to close underperforming sites and streamline operations. Macy's is focused on being able to invest more heavily in its digital footprint and growth areas like Macy's Bluemercury beauty outlets.
So, where to now? Given M stock reflects a good dose of pessimism near its 52-week lows, respecting management's steps to remain competitive and embracing Macy's still venerable name, like-minded investors might consider shopping for a buy-write.
Reviewing the M options board, investors can purchase the at-the-money Feb $31 buy-write for $29.51 versus $30.86. This offers income of about 5% and, in our view, is better than a Macy's "One Day Sale."


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Running back
From Uncyclopedia, the content-free encyclopedia
In football, a running back is a Japanese style ninja who is a master of the martial arts. The running back must use their skills in Jujitsu, Taekwondo, and Karate to injure anyone who tries to wrestle them to the ground. Running backs must employ the techniques of stealth, espionage, and assassination to make it appear they weren't really there. Running backs also must defend the quarterback from any hostile barbarians looking to pillage villages and sack cities.
edit Training of the running back
In the NFL, running backs are imported from Nigeria on Spanish slave ships to Japan, where in their early childhood, they learn the ninja arts of feudal Japan. Every morning, the children are taken out to the courtyard, where they must defend themselves from an invading Mongol army of pedophiles using nothing but a bamboo stick. Most of the children are captured by the Mongolians and never seen again, while an elite few are able to survive the invasion day after day. Those who manage to fend off the Mongolians without losing all their limbs are treated to a generous breakfast of raw seaweed cake and tofu pie.
After breakfast, the disciples must hike 300 miles to Mount Fuji, Japan's highest peak, and carry a 600 pound Korean woman all the way to the top. The boys are not allowed to eat dinner or come back to the village until they finish this task, and anyone who is caught cheating is beaten with a bamboo stick for 3 hours repeatedly. The boys eat a dinner of whale flippers and shark nose, and before going to bed at 6 in the afternoon, must pray at a Shinto temple for five hours.
The few who survive and reach adulthood are shipped to the United States and Canada, where universities sign them to contracts to play college football for them. While some are successful and play in the NFL, those unsuccessful must play Arena Football, or even worse, Canadian Football.
edit Characteristics of the running back in American football
Running backs can vary greatly in size. There are two types of running backs: those who are abnormally small and run fast, and those who are morbidly obese enough to be lineman. The smaller running backs are frequently less than 5 feet in height, and weigh only 85 pounds, while the larger running backs eat Big Macs for every single meal.
edit Small running backs
Small running backs, though easy to bring down, have radar senses which allow them to outflank and outmaneuver defenders. Small running backs can run at speeds up to 70 miles per hour. Small running backs also can jump over defenders and crawl under the legs of lineman. Small running backs are especially dangerous because they can't be seen while hiding behind offensive lineman, and have the power of invisibility.
There are two main types of small running backs: butterbacks and karatebacks. Butterbacks are named so because they are extremely slippery and nearly impossible to tackle. Butterbacks are notable from other running backs because butterbacks sweat and bleed butter. To maintain their slipperyness, butterbacks bathe in bathtubs full of butter and eat butter with every meal. Butterbacks are extremely prone to crime seeing as they are able to evade the police withe ease. Karatebacks are small backs whose main objective isn't to run the ball, but to disarm defenders both figuratively and literally. A common play used when a karateback in in the backfield is the 41 Kick Hold Punch Right, in which the running back runs a sweep to the right and the karate back goes up to a linebacker, roundhouse kicks them as hard as they can, then punches them in the face while a teammate is holding them. Karatebacks have been know to rip defenders arms off in fits of passion.
edit Large running backs
Large running backs run over any defender who dares approach them. Large running backs don't just want to score touchdowns, but also injure every single linebacker on the opposing team's roster. Large running backs enjoy dealing out punitive hits, and carry around a whip to lash people with. Bloody cleat marks are seen on the back of any defensive back who even dares tackle them. A large running back is like an unstoppable train filled with rapists, crushing everything in its path.
edit Characteristics of the running back in Canadian football
Canadian football running backs are noticeably different from American football ones, because of the sparse regulations on drugs. Canada has some of the cheapest medication in the world, and their sports clearly reflect it. Asians also have a greater influence in society, and teams such as the BC Lions spend 2 days a week practicing Asian martial arts.
edit Weird, insane guy who runs around before the ball is even snapped
Have you ever watched Canadian football and wondered who that maniac is who constantly runs around the field like they're on meds? That is not a hooligan; that's the weird, insane guy who runs around the field before the ball is even snapped. Most of these guys are drunk rugbymen, who, even though a lot more dangerous than the average sober running back, are prized for their aggressiveness and disregard for their own bodies. Drunk running backs are immune to pain and are not afraid to get tackled. These weird, insane maniacs usually drink a special type of Gatorade with 10% alcohol just to stay drunk, but there are some running backs who don't need to drink any beer to be the weird, insane guy who starts running before the ball is snapped.
edit Normal guy who doesn't move until the ball is snapped
There aren't any of these in Canadian football.


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More on MET-Rx
MET-Rx is designed for every body. With a complete line of high quality protein products, MET-Rx can assist you in creating an effective nutritional program that fits your lifestyle so you can shape your body for optimum health.
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Packed with protein and great flavor, MET-Rx Protein Plus protein powder gives you the competitive advantage when it comes to quality protein supplements.
Label Facts
- Greater than 5:1 protein to carbs ratio
- Over 4 g BCAAs from protein
- 0 g trans fat
- Aspartame free
- Gluten free
The protein sources within this blend supply naturally occurring Branched Chain Amino Acids (BCAAs) - isoleucine, leucine and valine.
Combining fast-acting whey protein with the slow-acting casein results in a prolonged absorption rate to extend the delivery of amino acids to muscles.
Milk protein is a natural source of both whey and casein, and with 0 g of trans fats and great taste, Protein Plus protein powder has everything you need.
Add one to two (1-2) scoops of powder with 6-16 ounces of cold water or milk and mix thoroughly in a blender. Increase or decrease the amount of liquid to achieve desired consistency. Drink 1-2 servings per day. As a reminder, discuss the supplements and medications you take with your health care providers. Use Met-Rx Protein Plus any time of the day including: Immediately After Exercise: Makes an excellent post-workout shake by providing fast digesting proteins for immediate muscle support plus slow digesting proteins for extended amino acid delivery.. With Meals: Drink along with your meal to increase the overall protein quality and content. You can also mix into oatmeal or add to recipes such as pancake and waffle mixes. In Between Meals: Keeps levels of amino acids elevated so your body doesn't go into a catabolic state that may otherwise lead to muscle loss. Before Bed: The high content of slow-digesting proteins in Met-Rx Protein Plus makes it a perfect before-bed supplement as it provides time-released amino acid delivery to your body. Store in a dry place and avoid excessive heat.
* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
|Supplement Facts
|Serving Size 1 scoop
Servings Per Container 29
|Amount Per Serving
|1 scoop
|2 scoops
|Calories from Fat
|413.0mg (41.000% DV)
|827.0mg (83.000% DV)
|Calories from Fat
|5.0mg (2.000% DV)
|10.0mg (3.000% DV)
|10.0mcg (9.000% DV)
|21.0mcg (17.000% DV)
|Dietary Fiber
|1.0g (3.000% DV)
|1.0g (5.000% DV)
|0.49mg (3.000% DV)
|1.0mg (6.000% DV)
|33.0mg (8.000% DV)
|67.0mg (17.000% DV)
|298.0mg (30.000% DV)
|597.0mg (60.000% DV)
|190.0mg (6.000% DV)
|390.0mg (11.000% DV)
|23.0g (46.000% DV)
|46.0g (92.000% DV)
|Saturated Fat
|70.0mg (3.000% DV)
|135.0mg (6.000% DV)
|Total Carbohydrate
|4.0g (1.000% DV)
|7.0g (2.000% DV)
|Total Fat
|0.5g (1.000% DV)
|1.5g (2.000% DV)
|* The Percent Daily Values are based on a 2,000 calorie diet, so your values may change depending on your calorie needs. The values here may not be 100% accurate because the recipes have not been professionally evaluated nor have they been evaluated by the U.S. FDA.
Ingredients:Metamyosyn Protein Blend (Milk Protein Concentrate, Calcium Sodium Caseinate, Whey Protein Isolate, L-Glutamine, Egg White), Natural and Artificial Flavors, Cocoa (processed with alkali), Cellulose Gum, Acesulfame Potassium, Xanthan Gum, Soy Lecithin, Guar Gum.
If you are pregnant, nursing or taking any medications, consult your doctor before use. Discontinue use and consult your doctor if any adverse reactions occur. Not intended for use by persons under the age of 18. Keep out of reach of children. Tamper Resistant: Do no use if seal under cap is broken or missing. Notice: Use this product as a food supplement. Do not use for weight reduction.
* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
(0) Reviews


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What is JotForm?
JotForm is a free online form builder which helps you create online forms without writing a single line of code. No sign-up required.
At JotForm, we want to make sure that you're getting the online form builder help that you need. Our friendly customer support team is available 24/7.
We believe that if one user has a question, there could be more users who may have the same question. This is why many of our support forum threads are public and available to be searched and viewed. If you'd like help immediately, feel free to search for a similar question, or submit your question or concern.
We are getting an error "Temporarily Unavailable" due to high traffic. This was the same last night. Can you let me know when this will be sorted?Asked by WorldVision on August 03, 2016 at 05:45 AM
The form is appearing but the error when appears when you try to submit. We are not able to View Submissions either, just keeps trying to load.
JotForm Support
Our sincere apologies.
We have been informed by our technical team that this is now fixed.
Everything should be working fine by now. Kindly check.
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Well the signal came in super bullish fashion. One big candle on high volume pierced through the entire cloud and into bullish territory. As a rule, a piercing of the cloud is followed by some muddling around in the cloud testing support and resistance.
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