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For those of us who often find ourselves, necks craned, straining for a peek underneath the robes of Article III's judicial superstars, the words "financial disclosure" have a special cachet. In the parlance of Chris Matthews, glimpsing the judiciary's financial bloomers has the power to send a thrill up our collective legs.
And, of course, a glimpse into the financial medicine cabinets of First Street's occupants induces a special contact high. While the Supremes' financial details may come as no surprise to some, they are fascinating nonetheless; after all, given that the nine Justices occupy such a hallowed niche in our judiciary (not to mention our starstruck little hearts!), the details of their personal lives are usually even more shadowy than those of the typical, discreet A3 Judge. Hence, there is something deliciously "Us Weekly" about learning that Justices are just like us! They lose money in the down market! They have whopping dental bills! They have scary credit card bills! When the slots call, they answer!
There are six millionaires on the High Court, as was the case in past years. Also unchanged since the last disclosure -- but no less shocking to this blogress -- are the two most loaded members of the Court: Justices Ginsburg and Souter. Who would think that these quiet, unassuming (and in Souter's case), and famously frugal jurists were, in fact, sitting on large bags of money? More to the point, does Souter plan to devote his imminent retirement from the Court to spending some of his estimated $6 - 27.6 million dollar net worth? Does he plan to spend any of it?
Justice-elect Sonia Sotomayor would, if confirmed, be well advised to 'shift the burden' of lavish entertaining; as the Times reported last week, her net worth is a paltry $740,000. But, while she should be saving her money for credit card bills and a mouthful of debt for dental work (no word on what, exactly, SS had renovated), the Times also reports that our newest Supreme may believe in living rich and dying poor. SS is, apparently, "an interior decorating buff who loves to shop," and a "frequent patron of Manhattan restaurants, sometimes picking up the tab for dinner with clerks." Clerquette also delighted in the news that SS is a legendary party-thrower and buyer of Christmas gifts ... which she may subsidize with her gambling winnings. If this Diva's presence in the courtroom is anything like her last trip to a casino, dear readers, we can all look forward to a smokin' hot bench!
Not surprisingly, Justice Thomas is among the "least well off" of his colleagues. Poor Justice Thomas; he can't seem to catch a break! At least the perpetually acerbic Justice has raked in a cool $1.5 million from the sales of his book, "My Grandfather's Son." That should keep the Justice and his wife, avid RV-ers, in petrol and gas-station treats for quite some time. Jerky, anyone?


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Norwegian author Erlend Loe is to co-direct an adaptation of his latest work, Inventory (Vareopptelling).
Loe will share directing duties on the black comedy with producer Yngve Sæther. The film, currently in development, will mark the directorial debut for both.
It will be produced by by Hans-Jørgen Osnes and Sæther for Oslo's Motlys.
Loe has also adapted his screenplay for a novel, which Norway's Cappelen Damm published in April, and also has been sold to Denmark, Sweden, Russia, Slovakia and Serbia, according to the Nordisk Film & TV Fond.
Loe and Sæther have known each other since the early 1990s, when Sæther used Loe as an actor in a short film.
Sæther said: "He is a great storyteller, and we felt we could pull this project together. Few films deal with aging people who often feel rejected by society once they have passed their 'use-by-date'."
Sæther is an in-house producer at Motlys, where he has three times been nominated for Norway's national film prize, the Amanda, and won for Stian Kristiansen's The Man Who Loved Yngve (2008).
Norwegian actress Anne Marit Jacobsen, who has featured in 40 Norwegian films - most recently Dag Johan Haugerud's I Belong (2012) - will star in Inventory as a 66-year-old poet on the day she issues her last collection of poems.
In the morning her publisher calls to inform her that the reviews are bad and the bookstore, where she is supposed to take part in a reading, cancels due to an inventory problem. She sets out in the city and realises she is doing her own inventory over her life and contemporary society.
Loe has either scripted or adapted his own novels for six features, most recently An Ordinary Day at Work (2010).
Sæther, who has seven features and television series to his producer credits, including I Belong, will shortly premiere Stian Kristiansen's Kiss Me, You Fucking Moron on August 9. This film is about a group of teenagers staging a play under the direction of a professional actor in the midst of a crisis, with Kristoffer Joner and Eli Harboe in the leads.

subset: commoncrawl


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An explosive romance about forbidden desires, TYLER PERRY'S TEMPTATION tells the provocative story of Judith, an ambitious married woman whose temptation by a handsome billionaire leads to betrayal, recklessness and forever alters the course of her life. Starring Jurnee Smollett-Bell, Lance Gross, Kim Kardashian, Vanessa Williams, Robbie Jones, Renee Taylor, Ella Joyce and Brandy Norwood Technical Information
Director: Tyler Perry Format: Color, NTSC, Widescreen Language: English Region: Region 1 (U.S. and Canada only. Read more about DVD formats.) Number of discs: 1 Rated: NR (Not Rated) Studio: LIONSGATE DVD Release Date: July 9, 2013 Run Time: 111 minutes
- Professional Fashionistas - The Temptation Ensemble


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First and foremost, our thoughts are with the people and communities impacted by COVID-19. The wellbeing and safety of our employees, customers and partners is our top focus at this time.
Verifone is in a strong position to weather these difficult times and continue providing our products and services. We are closely monitoring the situation, preparing for potential scenarios and reacting rapidly to the evolving conditions and new information as it comes in. We are monitoring and adjusting our plans on a daily basis.
We also believe that it is important to provide you with clear communications so that you have information on the actions we are taking in response to COVID-19. Here is a summary of some of the steps we have taken:
- We are following guidance from regulatory agencies in the regions in which we operate, including the CDC, WHO and local authorities.
- We have enacted travel restrictions, work-from-home policies as necessary, and established other policies and procedures with the purpose of keeping our employees safe and reducing the spread of illness. We have also emphasized that our employees should not come into our facilities if they show any signs of sickness or believe they have been potentially exposed.
- Providing payment services to our customers is obviously paramount. The Verifone Cloud Services team (VCS) has updated and preemptively tested business continuity plans and procedures that were previously in place. Verifone will continue business activities 24/7 in the event of office shutdowns or other unplanned limitations around the globe. VCS teams are located across multiple regions to maintain services.
- We have a globally distributed workforce and are maintaining robust cloud-based productivity tools to help ensure that our employees remain accessible to our customers and partners even if our facilities are not accessible.
- We are implementing enhanced sanitization measures at our facilities, including at our repair centers. We are also providing our employees with training on steps that they can take to keep themselves safe.
- Our Operations team is working around the clock to minimize disruption to our hardware production. We are well positioned for success with manufacturing spread across the Asia Pacific region and elsewhere. Labor and upstream supply shortages out of China are improving, and we expect the trend to continue toward normalcy over the coming months.
On behalf of all our teams, thank you for your business and continued trust in Verifone. We are proud to be a valued partner to you in these uncertain times. If you have any questions or concerns, please do not hesitate to reach out to your account representative.
Mike Pulli
CEO, Verifone


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Man About Blog
6 comments:
- Jim Murdoch said...
Blogging is writing, right? And so the first rule of writing (I'm just making this up as I go along) applies: You never know. If that's not the first rule of writing then maybe it ought to be. Whenever I send out poems it's invariably the one I stuck in to make up the numbers that gets picked. Vito's just proofread my new short story collection (no Irishisms this time but a few Americanisms I screwed up) and he happened to mention the story that moved him the most as I went, "Eh?" when he told me. Seriously, why that one? Of all the stories why that one? Clearly what he brought to the piece raised it above the rest and I may sound like I'm complaining but far from it.
Blogs are the same. Only more people are likely to read my blog than any of my books. The thing about the 'You never know' rules is that there a kind of sub-rule that goes along with it: Don't hold your breath. In forty years I've written maybe a dozen things that (to the best of my knowledge because 'You never know' often means 'You never find out') have really affected people, brought them to tears and the like. There is an ideal reader out there for everything we write; perhaps that can be the second rule of writing. The problem as you and I well know is finding them. But if we kept sticking our writing in drawers or big red folders and don't invite strangers into our homes to rifle through said folders and drawers we are never going to know.
Moving the earth was never the point. Rule 3? Moving a human heart or mind is so much easier. I mean what do they weight? A couple of pounds each?
I agree that content is king. Never say anything that doesn't need to be said. Rule 4. I'm big on meaning. Intellectual and emotional and, yes, there are both kinds. Meaning is not our job though. That's why we have readers, even the not quite ideal ones.
I do think that blogs tend to reach a plateau of readers after a while and no amount to self-promotion will do anything to increase that number. I tried an experiment a wee while back. I stopped all promotion to see what would happen stats-wise and any change was neither here nor there in fact my hits actually grew over that period which makes me thing that the holidays had more to do with it than the quality of my posts. I reckon I've probably got a couple of dozen faithful followers who, even if they don't comment faithfully, still at east look at every blog I write. And I bet most of us have a similar following because, averaging everything else out, that's all we have time for; I subscribe to two hundred blogs but I probably only read a couple of dozen each week. What goes around comes around.
- 18 November 2012 at 11:48
- ND Mitchell said...
Liked this a lot. It comes across as honest and humble too. Keep them coming.
- 18 November 2012 at 20:23
- auntyamo said...
I'm about to write a series of posts about blogging (not for my own blog). And as usual you've done it in about 20% of the words I was going to use.
How do you do that?! :)
Gowan, write another post!
Just one mind! - 18 November 2012 at 23:44
- hope said...
Funny. I went from "I'm writing this for me...because the words keep tapping at my brain to let them out" to "Be nice if someone read this, commenting is a bonus" to a final "Does it really matter as long as I release the words back out into the world and cause no harm?"
Truth is, I can't help but write. And I love what you write. I guess we're stuck with each other. ;) - 19 November 2012 at 16:11
- William Dameron said...
I love writing, that's a big part of why I blog. I've surprised myself by publishing stuff on Huffington Post. But here is what matters most: Someone writes an e-mail to me and says "What you have written spoke to me, like it was written for me." That's really why I write. So that I know that what I have to say means something to someone else.
- 19 November 2012 at 21:59
- Bella7 said...
Don't listen to that inner voice. Your blog is one of the few I have stuck with and look forward to.
- 23 November 2012 at 09:29


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I want to get a 360 and don't know wether to get the bigger (250GB), newer, more expensive Elite, or get one of the older, smaller (120GB), last gen ones. I know the arcade is going to be too small to save anything useful
How much hard disk space is recommend? What else is stored besides games?


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Necessity and economy are the principles I find most beautiful in nature. The river moves to the sea interacting with more slowly moving earthen obstacles to find the most economic path downhill -- never merely a straight line between two points. When this interaction between necessity and economy appears in art, then I recognize something valuable. This is why I admire the poetry of Richard Hugus and gladly add it to my page. Samia A. Halaby
If you wish to write to Richard, please
How To Let Someone Know
Among a group of friends there is a woman who asks me how to let someone know she doesn't like them anymore. We are in a crowded party. She is sitting on my lap and has only to speak softly in my ear to be heard. My response is to philosophize about how people usually deal with this matter indirectly – not returning calls, not showing up, slowly phasing the unwanted friend out – and that it is very difficult, and often wrong, to simply announce that you don't like someone anymore.
Then I realize that she has gotten me to tell her what she wanted to tell me. I had begun the answer speaking out loud, and involving our other friends, even though her question was put softly. As the realization came I lowered my voice to the point where I was only speaking to myself, as was appropriate.
A Majority Of Conformists
A handful of people have managed to avoid taking a potion for universal conformity. But among those who have taken it – the large majority –it turns out the potion has a limited effect. By firm questioning, people enforcing the conformity break down and are unable to stop non-conformists from doing what they want. A large problem remains for the world, however, as those who maintain the regime of conformity, if challenged weakly, are strengthened by their victory so that it becomes progressively harder to challenge them. A significant number of such people grows. They are defeatable only by the strongest. The world is thus left with an uncomfortable majority of conformists.
A Friend's Roof
Half way through the roofing of a friend's house, I discover that part of the decking is rotten, then that a rafter is rotten, then that 50% of all the framing of the roof is in a state of disintegration. It is past noon on a Saturday and too late to get new wood. It would be too late to do in a day in any case. The old roof has been stripped and there is no easy way to protect the house from the rain. My friend is in a lawn chair in his back yard, completely oblivious. His children are running inside and out, also oblivious. The entire house is about to fall in and it is somehow my responsibility now, just because I said I'd "fix a few shingles," to save an entire family.
Everything came together at exactly the wrong time. The driver of a car enters the entrance ramp of a rural freeway. His window is rolled down all the way. Along comes a fox -- large bushy tail with white tip -- running on light feet, at full speed. Behind the fox is a dog. The dog is chasing the fox and is very close to catching him. There is absolutely no choice for the fox but to jump through the open window of the moving car. The driver of the car sees this instantly. He thinks how strange it will be to have a fox in the car beside him. How will the fox behave? Will he be attacked? Such a thing seems impossible. Yet there is no chance but that this very thing is about to happen.
People Wore Masks
In a future world people wore masks. The availability of masks and their everyday use expanded hugely, just as computers did in the 1990's. Almost everyone wore a mask. Their perfection also increased greatly, so that the identity of people was hard to distinguish. It might take years for a friend to reveal him or herself to you. A handsome mask pulled back might reveal a wrinkled and dull face. A woman might be a man. A teenager might be someone in their 30's, or vice-versa. The whole business of who people were was an unknown in most social relations. It was a shock to see the reality of someone you had known otherwise. Yet, for all the wearing of masks, people felt compelled to reveal themselves to you – as if a throwback to the old days when identity was one thing, before the evolution of flesh into plastic.
A Plane Taxiing
On first sight a large jet plane appeared to be taxiing through the woods, slowly making its way along the side of a hill. The well-dressed passengers looked out of their oval windows at the fields and dirt roads. The pilot sat alone in the front, but there was no job for him to perform because the plane was on rails and several box cars were moving in front of it, pulled by a locomotive, going very slowly through unknown parts of rural Georgia.
A Matter Of Course
Less than two months after a couple got married, the woman went off and rented an apartment for herself. There was no thought or discussion about it. Friends were aware that this amounted to a separation, but the couple didn't put it in those terms. It was as if the two were so poorly suited for each other that living separately was a matter of course, just as two strangers would naturally get their own rooms at a hotel.
The Lake
The lake is still. Nothing awaits me.
Other Drivers
A group of friends has hired a taxi. The driver decides that he will lie down backwards on the seat and drive by looking up through the rear view mirror. Among other things, he drives through a narrow toll booth opening in this way, at high speed. One of the passengers asks him to pull over and convinces his friends that they must get out. The taxi leaves them in a residential area from which they can walk the rest of the way. As they walk they see other cars in which drivers are lying down in their seats, navigating through the rear view mirror.
Communicating With The Dead
A man finds he is able to communicate with the dead by connecting with them through earphones. A voice comes through – slowly, a mysterious dead person tells his tale. But he tells it in a quite arbitrary fashion, as there is no need for him to be logical.
A Horse In Love
A female horse fell in love with a man. It came to a crisis at a drive-in movie theater where the horse suddenly presented her hind quarters to the man and stammered something about "having needs just like everybody else." They were parked in the back row of the drive-in. The man was disgusted and could think of nothing except how to escape – to escape this awful situation and the horror this relationship had become. All along he had enjoyed being with the horse. He felt at peace with her, or it. But this always depended on the horse forgetting about romance, which was obviously out of the question. Now what was he supposed to do, as the screen flickered, in some field 20 miles outside of town? It was unbearable to be with her any longer. At the risk of hurting her feelings forever, he considered bolting from the car. Then he remembered all the times the horse had been nice to him – too nice, and this was the reason for it. If he left, he would never want to see her again. And what part had he played in encouraging her? It was too grotesque to even think about. This was a HORSE, not a lover. "Please God, get me out of this," he said as he heard her whimpering. How could he get her back in the trailer and take her home? What was he thinking? How many other men had chosen to take a horse to the movies? Of course, now the other men were watching him, their arms around their dates. Was this why his friends had drifted away? What a fool. How could he not have seen it?
Back Seat Drivers
Whether it was to satisfy those customers who had demonstrated their abilities, or to teach them a lesson, American Motors came out one year with a "Back Seat Driver" Rambler. Back seat driving turned out to be not so easy when it was a reality. The heads of three, sometimes four passengers in the front seat made it hard to see the road. And of course the people in front who could see better couldn't help but become "front seat drivers" – and with good reason – the driver in back was endangering their lives, and they would be the first to get injured should there be an accident.
As if out of vindictiveness, the manufacturers had left all the controls not vital to operating the car on the front dashboard. In fact, there was no back seat dashboard – just a steering wheel in open air, in the middle, and two pedals on the floor. This meant that the passengers got to control the radio and heat controls and everything else. While they weren't worrying about accidents, the front seat passengers soaked up the astonishment of people on the street to whom it appeared the car had no driver at all. Since the driver was in the back seat, he or she wasn't noticed at all.
But even for vanity it was decided not to continue the car model for another year. Things instead swung in the opposite direction as, in subsequent years, the Rambler came with an optional shade which could be pulled down by the driver to block the forward view of the back seat passengers entirely.
Eventually the whole thing was forgotten. A new generation now casually refers to "back seat drivers" without knowing that at one time in history this class of people had been thoroughly humiliated. <>h4>
Who They Were
Two women ran a symposium on sound and how one's politics affect the way they hear, speak, and sing. One of the women presented the perspective and abilities of the repressed fascist, whose vocalization was clipped and tightly controlled. The other presented the vocalization of the free thinker who allowed her notes to bend and carry and would never sing the same song twice in the same way.
Both women were in love with a man in attendance at the symposium. When it was over they called the man on his cell phone from separate places in the building, questioning him about what he thought of the presentation. The right wing woman actually bothered him less, listening to his polite expressions of praise and then hanging up. The left wing woman wanted a response deeper than the polite one and tried to manipulate the man into it by talking about her love for him and his failure to show the same to her. He replied by hinting that there were people in the room and that he couldn't talk. Although he naturally liked the left-wing woman and her singing better, his feeling now was to be rid of both of them for showing such insecurity about who they were. The event was a disaster.
Much Like God
What we know of as "interactive" today regarding computers will be taken into the arena of cinema in the future, such that people watching a movie will be able to direct things with a mouse-like device. The directing will only be of physical motion – quite enough when you have a street full of moving cars and you need to prevent them from hitting each other.
But then there are consequences to mistakes on the physical plane. When two lovers on their way to a rendezvous instead get into a car accident because of the operator's jumpy hand, then the next scene may well be a hospital emergency room, and so on.
The true test of one's mastery of this game will be the ability to have the movie end more or less as it was written. But then what is the writing of a movie script but the determination by one person of who will say and do what, where. Except that he or she has more time to arrange and think about things, the writer is no different than the moviegoer who must control a mechanical process happening in real time, much like God.
Poetry Reading
A poet was scheduled to speak at a reading with other poets. On his arrival in the parking area he noticed the side of his car was on the very edge of a sand embankment overlooking a large descent. He decided at the last minute to find a better parking place. This made him late for the beginning of the reading, but he assumed they could start without him.
There were three events in different rooms in the auditorium that night. He walked into one that appeared likely. To his satisfaction, there were hundreds of people in attendance. He sat down near the front, a little worried that the organizer hadn't come to greet him. Then he noticed that many of the people in the audience were wearing large hats with sparkles on them, and chin straps. Just as he realized he had walked into the wrong event – a competition of marching bands – he patted his jacket pocket to find his poems and discovered that he had either misplaced or completely forgotten his material. As he made his way out he considered the possibility of giving a speech on poetics instead. But this was a poetry reading. That would be a disaster. <>h4>
The Ignorant Visitor
A guest is visiting in the house of a friend. While the friend is out the toilet overflows three times in succession, the guest hoping each time that the next try would clear it. The fourth time the water doesn't stop. Sections of the house eventually have three inches of water on the floor, not just from the overflowing but from a pipe that must have broken. There is no mop to clean it up and it doesn't help to open the front door because it is on a high threshold and the water won't go out. The guest reasons that the only drain is in the floor under the toilet, so he loosens the nuts that hold it down and takes the entire toilet off. This releases an even larger gush of dirty water. Apparently the overflow is coming through the drain in the floor from underneath the building so, of course, the water in the house will not go down the drain. The water is now lapping over the front door threshold so that at least it will not get higher. The guest's efforts to sweep it out with a broom cause waves to develop and splash against artwork on the walls. Disastrously, in the attempt to lift an upholstered couch up onto some chairs, the guest knocks over a large aquarium, causing the light in the aquarium to short-circuit, the smashing of glass, and of course more spilled water. The tropical fish that were in the aquarium spread through the house. Some die of fright, or, as the guest hopes, simulate being dead by floating motionless "until the trouble is over."
Neighbors have at this point lined up outside the house to watch. One of them, not reassured that "everything is okay," and not understanding English anyway, has already called up the owner of the house. When the owner returns, he stops the flowing of water with the simple turn of a valve on the bathroom wall and stares at his friend with shock and disgust for not knowing of this valve. This is apparently something everyone in this part of the world knows about, even small children, but not his ignorant visitor. Because of this visitor, his house is now ruined.
Baseball Player
A baseball player makes an outstanding catch just outside of the infield between second and third base. The catch involves running at top speed, making an impossible reach, and catching the ball in his bare right hand. Afterward he acknowledges the admiration of the other players and the crowd with humility, like a true athlete. But just a few minutes later this same player has a foul ball relayed to him from left field and he goes through an embarrassing display of clumsy tip-offs from the edge of his glove, chasing the ball further and further from his position until it finally rolls away from him. The effect is to erase the miracle of his earlier catch and to leave one aghast at the fickleness of beauty.
Several Installments Of A Long Movie
Several installments of a long movie were aired in a public theater. At each one a preview was shown in which a man is hurtling through the air in apparent exhilaration as a skydiver who is experiencing flight before pulling his ripcord. In the final showing of the series the movie ends with this person seen closer up and we now understand his exhilaration as insane recognition that his parachute will not open, the earth will get closer and closer, that that he will die hitting it. This retrospectively changes the whole sense of the movie.
One man in the audience plays the role of astute critic as people are filing out. He does this to attract the attention of a woman in the audience who he admires. She notices him when he is speaking, and so he continues. He has done this at each installment of the movie. On the final day we see him closer up and in the last scene we see that the confident, intelligent face is really a face of desperation to impress someone who never cared about him, who he would do anything to impress, just to have her attention, before pushing open the theater door and going off into the empty night. <>h4>
A Man Bought A House
A man bought a house on Cape Cod, but without making the usual arrangements. The worst point, and most embarrassing, was that he arrived with his family after a long drive from the Midwest only to find that the owners were still in the house and weren't told that it had been sold. Immediately, the man saw the mistake of not dealing with the owners directly, of not coming first to look at the house, of taking all their things and leaving Illinois without knowing where they were going. The house had not been "sold." The man had not bought it. On hearing the story of the man's dealings in Illinois, the owners could not believe their ears. They laughed at and derided the man. They became angry at the imposition. They made him repeat the story of his foolishness over and over - the story of the realtor with the plaid beret, the $18,000 downpayment, the papers that were to be "sent ahead" to his new house. When they sufficiently understood, they called neighbors over to hear the story again. Nevertheless, out of politeness, the owners cleared a place in the garage for the family to stay. The man's children, poorly clothed, slept in the owners' arms. The man's wife, always sensitive to public opinion, made it clear that her marriage to her husband was a mistake and that she thought him an utter fool.
My Lover's New Boyfriend
My lover's new boyfriend sent to me in jail a framed portrait of her. It is as if to torment me. But I treat it carefully and hang it up on the wall of my cell. One day I notice the paper in back has come loose. I slip my hand underneath and find a brand new pistol. The guards never saw it. It is to make it possible for me to escape. It is from my lover, who waits for me on the outside.
A Nuclear War
There had been a nuclear war. Almost everyone had drunk a dark-colored poison in order to die without pain. But the world was still beautiful and taking the poison seemed a mistake. One had to fight its effect of inducing sleep. Everywhere, people were doing things they always wanted to do. A little girl was driving a car on her lawn. A young man and woman began speaking freely with each other and vowed to be together. But the poison occupied everyone with sleep and numbness. It seemed worse than the war. The ocean and the sun gave no sign that anything would end.
Cargo Door
A jet plane is flying low over a city just after takeoff. From it falls a huge sheet of metal, turning in the air and crashing down between some buildings in the distance. This must have been the cargo door, because there fall next a few cars which the plane was apparently transporting. The cars land on a street and sidewalk, smashing all to pieces. Next, perhaps, the plane itself will crash.
A man was unable to be with his wife and infant child because a whirlpool kept him at a different point in a large circle. Once, by diving under water, the man came up at the correct point and found that his small child was crying and needed comforting. But before he could reach his child a young man offered to help. The husband considered whether to interfere, but it seemed wrong to do so if he would so seldom be there. Yet, he did interfere, and the young man was jealous. Now his wife would have one less person to help her when he went inevitably away, and he realized what he had done was a mistake.
The Ship of the Insane
A group of people who are clinically insane conspired to form a shipping company - a form of self-employment which would keep them out of mental hospitals and away from the imprisonment of medication. They were able to form the company because they chose staff who were totally convincing impostors - convincing ship's captains, convincing engineers, convincing deck hands, and so on. Among them were several "bankers" who helped them with the necessary credit to acquire their first ship by chartering a combination freight and passenger liner.
It is not long before the ship is out at sea, foundering. The passengers sit at their dining tables in stony silence, not even interested in another ship that has come to rescue the ship of the insane. As the passengers have faultlessly taken on the attitudes and dress of early 20th century characters, showing no concern, it is not clear who is to be rescued and who is not. True, the ship has been drifting at sea because no one had the least idea how to run it. But perhaps what was abnormal was a ship that was not drifting at sea, a ship with engines running and a crew who were not actors. So placid were the crew that they slowly began to convince the rescuers that this was the case. They calmly discussed matters with their sane counterparts, point by point, in long discussions on deck, until everyone was in agreement. Two ships were now foundering at sea, ready to call for a third to rescue them. By this means, they reasoned, a large and profitable company would soon be formed.
An English professor taught a class in literature, but felt it was important to have students build bookcases first. Afterall, the books required for reading in the course needed to be put in a good place. It was important to build a library.
He and his students had access to a well-equipped carpentry shop on campus, but he himself was not a competent carpenter. Actually, he was not even a competent thinker, as he proceeded to take his class through the steps necessary for the fabrication of drawers, not bookcases. Okay, he said, drawers were necessary for the storage of writing materials involved in writing papers on the literature to be taught. They would hold paper and pens, computer disks, and so on.
But the drawer bottoms, which he pre-cut for the class on a Sunday in order to hurry up the process, were not square. They were parallelograms. It was therefore impossible, on Monday, to assemble the fronts and sides. Beside this, the drawers had to be put in a cabinet of some kind to be of any use. This meant a further detour from making the bookcases for the books to be read after the drawer problem was straightened out and the cabinets for the drawers were made . . . not to mention buying the books, reading them, and discussing them formally in class.
By the third week, the professor was anxious to get back on schedule and planned to drop drawer making for a day to take the class to the bookstore, both to buy books, and to examine their bookshelves. The class assembled in the carpentry shop where, in his hurry to start off on the field trip, the professor fatally stapled the upper half of his thumb to the side of a drawer as he demonstrated to the class the use of a pneumatic stapler with inch-and-a-quarter staples. This meant that instead of going to the bookstore the class went to the campus hospital. To get there, walking, one student held the drawer the professor's thumb was nailed to. Another carried his coat and briefcase. Another carried his glasses, which fell to the floor in the shock of the accident.
Always the teacher, even under these circumstances, the professor sat on his emergency room bed and, while waiting for the doctor, began a lecture on William Carlos Williams, poet and doctor. As if desperate to make medical tie-ins to English literature, and to show the relevance of everyday reality to this study, he also discussed the doctor in W. Somerset Maugham's Of Human Bondage.
At this point the class listened to him out of pity. He was only proving that there were no practical connections between literature and the rest of the world. And he was asking the nurses questions related to his lecture because, without his glasses, he couldn't see that they were not his students. With his hospital gown on, one could see his spiny back and polka-dot underwear. There was a tattoo on his upper arm which said "MOM." And his hand appeared to be permanently attached to a ridiculous diamond-shaped drawer which would never hold anything.


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"The Dark Knight Rises" arrives this holiday season onto Blu-ray Combo Pack, DVD and Digital Download on December 4 from Warner Bros. Home Entertainment Group. In the epic conclusion to filmmaker Christopher Nolan's The Dark Knight trilogy, Gotham City is threatened by the masked terrorist Bane, forcing Batman to return from an eight-year absence and fight for his city one more time.
Also available will be the free "The Dark Knight Rises" app for IOS 5.0 or higher compatible devices including iPhone and iPad, and Samsung Galaxy devices including S2, S3, Note, Nexus and Tab (operating system requirements vary by device). Building upon the already available "TDKR: Gotham City's Most Wanted" app, "The Dark Knight Rises" app will be updated in two phases. The first update, which will be available in late October, will include several interactive activities such as a photo application that will allow users to put themselves into a Tumbler, a video application that will allow users to insert a Tumbler into their personal videos, and more. The second update, which will be available on December 4, will integrate second screen functionality into the app. It will allow users to sync compatible mobile devices with the Blu-ray disc via BD-Live enabled Blu-ray players connected to the same Local Area Network to access exclusive bonus content. The bonus content will include film location information, Gotham City maps, film trivia, photo galleries and "making of" featurettes. In addition, the second screen app controls playback of the film on your TV via Blu-ray player. "The Dark Knight Rises" app will be available through the iTunes store and Google Play.
"The Dark Knight Rises" will be available on Blu-ray Combo Pack for $35.99 and on single disc DVD for $28.98. The Blu-ray Combo Pack features the film in hi-definition on Blu-ray and in standard definition on DVD. "The Dark Knight Rises" Blu-ray disc takes advantage of the marriage of IMAX® and 35mm formats by using the hybrid master to replicate the unique theatrical experience of integrated film formats. Both the Blu-ray Combo Pack and the single disc DVD include UltraViolet which allows consumers to download and instantly stream the standard definition version of the film to a wide range of devices including computers and compatible tablets, smartphones, game consoles, Internet-connected TVs and Blu-ray players.*
Also available December 4, just in time for holiday gift-giving, Warner Bros. Home Entertainment will release "The Dark Knight Trilogy Limited Edition Giftset," featuring "Batman Begins," "The Dark Knight" and "The Dark Knight Rises" all in one collection. Available on Blu-ray or standard definition DVD, "The Dark Knight Trilogy Limited Edition Giftset" will also include a premium book exclusive to the collection, which takes fans deeper into the epic franchise, as well as existing special features. Warner Bros. Home Entertainment also plans to release "The Dark Knight Trilogy Ultimate Collector's Edition" in 2013.
Leading an all-star international cast, Oscar® winner Christian Bale ("The Fighter") again plays the dual role of Bruce Wayne/Batman. "The Dark Knight Rises" also stars Anne Hathaway as Selina Kyle; Tom Hardy as Bane; Oscar® winner Marion Cotillard ("La Vie en Rose") as Miranda Tate; and Joseph Gordon-Levitt as John Blake. Returning to the main cast, Oscar® winner Michael Caine ("The Cider House Rules") plays Alfred; Gary Oldman is Commissioner Gordon; and Oscar® winner Morgan Freeman ("Million Dollar Baby") reprises the role of Lucius Fox.
The screenplay is written by Jonathan Nolan and Christopher Nolan, story by Christopher Nolan & David S. Goyer. The film is produced by Emma Thomas, Christopher Nolan and Charles Roven, who previously teamed on "Batman Begins" and the record-breaking blockbuster "The Dark Knight." The executive producers are Benjamin Melniker; Michael E. Uslan; Kevin De La Noy; Thomas Tull; with Jordan Goldberg serving as co-producer. The film is based upon characters created by Bob Kane and published by DC Comics.
It has been eight years since Batman vanished into the night, turning, in that instant, from hero to fugitive. Assuming the blame for the death of D.A. Harvey Dent, the Dark Knight sacrificed everything for what he and Commissioner Gordon both hoped was the greater good. For a time the lie worked, as criminal activity in Gotham City was crushed under the weight of the anti-crime Dent Act.
But everything will change with the arrival of a cunning cat burglar with a mysterious agenda. Far more dangerous, however, is the emergence of Bane, a masked terrorist whose ruthless plans for Gotham drive Bruce out of his self-imposed exile. But even if he dons the cape and cowl again, Batman may be no match for Bane.
– "THE BATMOBILE" DOCUMENTARY: Witness all five Batmobiles together for the first time in history. Dive deep into every aspect of the most awe-inspiring weapon in Batman's arsenal as you journey through the birth and evolution of this technological marvel and cultural icon. (01:00)
– ENDING THE KNIGHT: A comprehensive look into how Director Christopher Nolan and his production team made "The Dark Knight Rises" the epic conclusion to the Dark Knight legend.
– Production
The Prologue: High-Altitude Hijacking
Return to the Batcave
Beneath Gotham
The Bat
Batman vs Bane
Armory Accepted
Gameday Destruction
Demolishing a City Street
The Pit
The Chant
The War on Wall Street
Race to the Reactor
– Characters
The Journey of Bruce Wayne
Gotham's Reckoning
A Girls Gotta Eat
– Reflections
Shadows & Light in Large Format
The End of A Legend
– Trailers
– Art Galleries
– UltraViolet: Instantly stream and download films to compatible devices
– The Journey of Bruce Wayne
– UltraViolet: Instantly stream and download films to compatible devices
On December 4, "The Dark Knight Rises" will be available for download from online digital retailers including iTunes, Xbox, PlayStation, Amazon, Vudu and CinemaNow.
The film is also available digitally starting December 4 in High Definition (HD) VOD and Standard Definition (SD) VOD from cable and satellite providers, and on select gaming consoles.
*UltraViolet allows you to collect, watch and share movies and TV shows in a whole new way. Available with the purchase of specially marked Blu-ray discs, DVDs and Digital Downloads, UltraViolet lets you create a digital collection of movies and TV shows. Services such as Flixster and VUDU allow you to instantly stream and download UltraViolet content across a wide range of devices including computers and compatible tablets, smartphones, game consoles, Internet-connected TVs and Blu-ray players. Restrictions and limitations apply. Go to ultraviolet.flixster.com/info for details. For more information on compatible devices go to wb.com/ultravioletdevices.
Blu-ray Combo Pack $35.99
Single disc Amaray $28.98
Bat Cowl package Blu-ray Combo Pack $39.99
The Dark Knight Trilogy – Blu-ray $52.99
The Dark Knight Trilogy DVD $38.99
Street Date: December 4, 2012
DVD Languages: English, Latin Spanish, Canadian French
BD Languages: English, Latin Spanish, Canadian French, Brazilian Portuguese
DVD Subtitles: ESDH, Latin Spanish, Parisian French
BD Subtitles: ESDH, Latin Spanish, Parisian French, Brazilian Portuguese
Running Time: 165 minutes
Rating: PG-13 for intense sequences of violence and action, some sensuality and language
Blu-ray – 5.1 DLBY/SURR DTS-HDMA 2.0 DLBY/DGTL


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1. Mobilising
- Over at least 100m [or suitable alternative distances to attract lower points]
- On a variety of terrains, including steps and uneven as well as level ground
- Through a variety of working spaces, including negotiating doors and other entrances and exits
- To and from the workplace, and relevant work-related commitments, with some prior planning and adjustments
- Without significant discomfort, breathlessness or fatigue
ii. Between 50% and 75% of the time
iii. Between 20% and 50% of the time
4. Manual dexterity/ hand movement
iii. Occasionally (between 20% and 50%) PART 2
6. Learning Tasks
7. Awareness of Hazards
8. Maintaining Focus
9. Executing Tasks
10. Managing Self and Schedule
11. Coping with Change
12. Getting About
13. Social Engagement
14. Appropriateness of Behaviour
15. Communicating with Others


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More Hypocrisy
- SCC, check this one out: WLS radio 890am: Jim Johnson, station reporter, reported that Mayor Emanuel was " outraged" that the NRA suggested putting trained armed security/police officers in all schools in response to the recent shooting at the Newtown elementary school.
Oh, outraged huh? Gee, if he's soooo outraged, then why doesn't he pull his kids out of the LAB School at the U of C campus. Guess the 2 U of C armed police officers that work the Lab School everyday just make for such a scary and unsafe environment. Oh wait, if he did that then he just might have to enroll his kids in the local CPS school by his house!?!?! Wait, that can't happen. CPS is just good enough for the peasants kids but not for his little angels. Double standard hypocrite.
We thought it was "for the children," not just Rahm's children.
Labels: from the comments, gun issues


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The seventh Trans-Siberian Observations Into the Chemistry of the Atmosphere (TROICA-7) expedition was conducted from a railway car traveling along 17,000 km of the fully-electrified trans-Siberian railway between Moscow and Khabarovsk, Russia. This campaign was a collaboration between NOAA/CMDL, the Max Planck Institute for Chemistry (Mainz, Germany), and the Russian Institute of Atmospheric Physics (Moscow). The primary objective for ACATS-IV was to measure halocarbon and greenhouse gases along the trans-Siberian railway, creating a database to which future TROICA measurements of these gases can be compared. NOAA/GMD participation in TROICA-7 produced the first extensive set of halocarbon measurements in Russia by American scientists.
For other details, visit the Max Planck TROICA home page.


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Personal service of process has been the hallmark for initialing litigation for nearly 100 years, primarily because it guarantees actual notice to a defendant of a legal action against him or her. It remains a touchstone, and the "ideal circumstance under which to commence legal proceedings"1 against a person. In today's increasingly digitized world, however, most documents and information are generated electronically, meaning that thefirst evidence of source or origination documentation is electronically storedinformation.2 A natural consequence of this migration to digital information is that a majority of the potential evidence used in current and to be used in future litigation willbe computer generated.3 From a litigation perspective, this migration provides many advantages to the bench, the bar, and the public by way of reduction in resourcing of paper generation and storage. In order to avail themselves of these advantages, many court systems (both federal and state) have implemented electronic case filing systems where post-initial service of process pleadings are required to be filed in electronic format. Electronic court filing systems, in general, expressly prohibit electronic service of process (summons and complaint). This is the brave new world of computer generated information, part and parcel of everyday litigation life. In light of these developments, many proposals, currently and during the past decade, are being considered to extend electronic litigation activities to service of process, but these are either limited to consensual schema, or permitted only where also accompanied by more traditional personal or alternative personal service methods.
The author submits that the underlying reason for the continuing and near universal preference for personal service is that while electronic filing offers significant postlitigation commencement benefits, it fails to address issues uniquely inherent to initial service of process: adherence to the constitutionally mandated, jurisdictionally critical due process requirements of notice and opportunity to be heard. While technology advancement will no doubt proceed apace in the coming years, it is highly unlikely that any such advancement, standing alone, will satisfy the constitutional due process requirements in initiating a lawsuit, and accomplished in most matters by the uniquely "personal" aspect of "personal service." Accordingly, even in light of the increasing pace of technology advances, personal service of process remains "personal" and still the most reliable and efficacious way to both ensure compliance with constitutionally imposed due process requirements of notice to a defendant and the opportunity to be heard.
Background of Service of Process
There is perhaps no set of acts more important in furtherance of commencing an action before a court than the filing of a complaint and the service of process on a defendant. Simply put, without proper service of process a Court has no jurisdiction over a defendant and may not proceed to judgment.4 Further, any such judgment rendered will in all likelihood be deemed void. As discussed below, a critical underlying rationale for the strict requirements relating to service of process is for a court to obtain jurisdiction over the defendant, to give a defendant reasonable notice as to the pendency of a claim, and to provide a meaningful opportunity to raise constitutional issues.
It is long established that personal jurisdiction by a court over the parties is a prerequisite to the adjudication of disputes brought before it.5 In federal courts, a civil action is commenced by filing of a complaint.6 Further, a court ordinarily obtains personal jurisdiction by the service of a summons.7 Without service of process (i.e., a summons generally, and a complaint), a court lacks jurisdiction to proceed. Indeed, albeit subject to waiver, a judgment is void if a court acts without [personal] jurisdiction.8
Personal Service of Process – Tradition in the United States
The underlying rationale for personal service of process as a prerequisite to the valid exercise of a judicial tribunal over a defendant finds its source in the Due Process clause of the 14th Amendment. This rationale, most often characterized as "notice and opportunity to be heard." was discussed by the U.S. Supreme Court in a 1950 decision:
"An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."9
The Court then defines "notice" and "opportunity to be heard" as a requirement that a potential defendant be apprised of the nature of the proceedings against him or her, and that he or she have adequate time to mount objections thereto:
"The notice must be of such nature as reasonably to convey the required information…and it must afford a reasonable time for those interested to make their appearance…"10
It remains undisputed that for more than one hundred years personal service has been the sine qua non for reliability and compliance with the constitutional requirements imposed by the 14th Amendment to the U.S. Constitution and decisional authority.
Physical Service of Process: The Summons and Complaint
Whether effectuated in person or (where permitted by law) by certified or registered mail, the purpose of a service of a summons is to give notice to the party against whom a proceeding is commenced to appear at a certain place and time and to answer a complaint against him. In so doing, such service permits the exercise of personal jurisdiction by a court and assures the defendant of reasonable notice of the action. Indeed, there is a presumption of proper service when the civil rules on service are followed.11
The primary method of service of initial process in a judicial action commenced in federal and state courts is by way of in-person, delivery by a process server authorized to effect service under the rules of the particular jurisdiction. In the federal court system, Fed.R.Civ.P. Rule 4 provides generally the requirements for service upon a natural person as well as public and private entities.
Service of process in civil litigation commenced in a federal court may be made by any person who is a non-party and at least 18 years of age, by a United States Marshall, or by someone "specially appointed" by the court.12 In the vast majority of cases commenced in both federal and state courts, service of process is effectuated by professional process servers (many of whom belong to the National Association of Professional Process Servers ("NAPPS), and who adhere to the Best Practices statement adopted by NAPPS.13 Organized in the mid-1970's, NAPPS, through its more than 2,000 member firms and 10,000 employees perform an estimated 14 million paper service of process engagements per year.14 Emblematic of the reliability and trustworthiness of personal service of process, it is estimated that only a fraction of a percent of personal service of process events are seriously challenged, and even fewer succeed. These best practices engender the stated professional and ethical objectives of the professional process server. These objectives are described as providing an attestation by the process server, under penalty of perjury, that in turn provides proof (by way of affidavit) that is beyond reproach, and that is sufficiently reliable for a court to determine whether jurisdiction has been acquired over a particular person, entity, or property. In furtherance of these goals, adherence to NAPPS best practices requires that this proof or affidavit of service "must be beyond reproach."15
Only Exceptional Circumstances Justify Departure from the Personal Service Norm
In the United States, a narrow carve-out to the constitutional due process requirements of notice and opportunity to be heard has long been recognized.16 This exception, however, is granted neither automatically nor easily, but it does provide for alternate service "in the case of persons missing or unknown" and permits the "employment of an indirect and even a probably futile means of notification is all that the situation permits and creates no …constitutional bar to a final decree foreclosing their rights." 17
Authorization for service of process by electronic mail has been permitted by some United States federal and state courts, but such electronic service or process alternative are typically considered only after a determination by the tribunal that a defendant successfully attempted to evade service and where s/he also is determined to be reasonably accessible by alternate methods.18 Many of these decisions permitting service of process by mail or email, however, involve cases with foreign defendants whose location is not reasonably ascertainable.19 In such cases, alternative service of process is governed by Fed.R.Civ.P. Rule 4(f) and applicable treaties such as the Hague Convention. Moreover, even in the case of a domestic defendant, decisions permitting service of process by email do so only as one prong of a multiple-service-method approach. A recent decision from the U.S. District Court for the Southern District of New York is illustrative:
"The Court grants plaintiff's motion for permission to make alternate service under CPLR section 308(5). Plaintiff is ordered to attempt service of process of the summons and complaint by all of the following methods: (1) by sending copies of the summons and complaint by certified mail, return receipt requested to defendant Dennis's last known addresses, both in Brooklyn, New York, and Edison, New Jersey; (2) by publication of the action in a local newspaper in Edison, New Jersey, once each week for four weeks following the entry of this order; and (3) by e-mailing a copy of the summons and complaint to the e-mail address that plaintiff states is used by defendant."20
Thus, while electronic service of process has in certain limited circumstances been permitted, such methods are considered only where other more reasonable alternatives have failed, or where potential defendants are deliberately evading service, and are generally permitted only in tandem with other more traditional means of effectuating notice and opportunity to be heard.
Federal and State E-Filing Systems Do Not Permit Electronic Service of Process
In the United States, the Administrative Office of the U.S. Courts has responded to this migration away from paper based systems by instituting electronic filing programs in nearly every federal trial and appellate tribunal.21 In all federal district courts, the Electronic Case Management/Electronic Case Filing system, supervised by the Office of Court Administration, provides the means for the filing of litigation documents in civil, bankruptcy and maritime litigation.22 Various federal courts of appeal, most notably the U.S. Court of Appeals for the Second Circuit of New York, and the Federal Circuit, have instituted electronic filing programs for matters arising before them (CITE to Federal and Second Circuit).
Minimal State Court Adoption of Electronic Service of Process
A very few state courts have also adopted programs that permit electronic service of process, but even here, such service is permitted only in certain very limited circumstances. Where they exist at all, most electronic service of process programs involving individuals (or "natural persons") are not involuntary; i.e., they require advance consent, and in effect giving advance notice to a potential defendant. For example, South Carolina permits electronic service of process on corporations and partnerships (but not individuals), and all registered corporations and partnerships are required to register an email address with the Secretary of State (SCRCP 4(d)(3) 4(d)(8) and 5(b)(1). It should also be noted that a party attempting to utilize electronic service of process in South Carolina under this program cannot just send an email to a potential defendant; it must utilize a "certifying" authority (such as the U.S. Postal Service's "Electronic Post Mark" or "EPM."
Other state courts, while embracing electronic filing of pleadings and post-summons email service and in apparent recognition of strict constitutional due process mandates, have initiated electronic filing programs that typically and expressly exclude service of a summons or subpoena.Nevada's electronic filing rules are typical:
Nevada Electronic Filing Rules (Rule 9) provides in pertinent part that:
"(a) Applicability. Electronic service of documents is limited to those documents permitted to be served by mail, express mail, overnight delivery, or facsimile transmission. A complaint, petition or other document that must be served with a summons, and a summons or a subpoena cannot be served electronically.
(c) Consent to electronic service. Other than service of a summons or subpoena, users who register with the electronic filing system are deemed to consent to receive service electronically. A party may also agree to accept electronic service by filing and serving a notice. The notice must include the electronic notification address(es) at which the party agrees to accept service."
Other states that offer electronic court filing rules substantially similar to Nevada effectively exclude service of process and subpoenas in their definition of what may be electronically served.23
Non-Judicial Consortium Activity
Most recently, the Whois Subcommittee of the Internet Committee of the International Trademark Association ("INTA") published its recommendation supporting electronic service of process (in this instance, by email) on a "fictitiously" owned website where traditional service of process methods, including substitute service, would be futile or impossible.24 The INTA subcommittee's report concludes that "[T]he inability to identify the source of goods and services advertised and sold at commercial websites owned by fictitious and pseudonymous entities frustrates the trademark owner's ability to institute legal action to enjoin the infringement and protect consumers from fraud and confusion."25 Even so, the INTA recognizes and acknowledges the paramount constitutional due process requirements inherent in personal service of process, and expressly limits its proposal permitting electronic or email service of process to a very circumscribed set of facts:
"…[T]his proposal does not seek to disturb the due process principle embedded in many national laws and constitutional precedent, that where a defendant whose rights will be adjudicated in court can reasonably be located, the plaintiff or the tribunal must take efforts reasonably calculated to achieve actual notice…This is not a recommendation that national laws accommodate e-mail service in the first instance, but only in the case of a "fictitiously owned commercial website"—one that is registered pseudonymously, only if the pseudonymous registration prevents the public from ascertaining its true ownership. If limited in the manner proposed in this recommendation, such provisions should not raise any legitimate objections."26
"Naturally, such a proposal must live within the due process principle embedded in many national laws and constitutional precedent, that where a defendant whose rights will be adjudicated in court can reasonably be located, the plaintiff or the tribunal must take efforts reasonably calculated to achieve actual notice. Therefore, the proposal may apply only in the case of a "fictitiously owned commercial website."27
Standalone Technology Offerings Do Not Satisfy Due Process Requirements
Technologists have long attempted to address the problems presented by electronic service of process schema, but even those receiving patent protection expressly recognize the importance of constitutional safeguards of due process notice and opportunity to be heard. A recent patent grant, misleadingly titled "Electronic service of process system and method for carrying out service of court papers" nevertheless relies on non-electronic means (i.e., process servers) to perform the act of serving process initiating a lawsuit against a defendant. The abstract bears out continuing reliance on personal service of process:
"A system and method for online creation and integration of service of process functions is provided, for use in conjunction with paper or electronic filing of court papers. By logging on to a web page, the user can access a rules and decision matrix database providing the rules and requirements for process service by jurisdiction and type. Such rules can be incorporated into process requests using online tools and document management software. Once entered, the requests are compiled in a database, and a system controller coordinates with affiliated process servers to procure process service in the desired jurisdiction."28
South Carolina's Electronic Service of Process Schema
It is, and has been, the author's continuing opinion that electronic service of process schema now commenced in South Carolina still fails to provide appropriate and sufficient protections for that content, and in turn fails to provide the intended benefits sought to be derived from the migration of a physical based service of process schema to an electronically based service of process schema.
The Uniform Electronic Transactions Act ("UETA") and the Federal eSign Act ("eSign") provide much of the groundwork for the migration of paper-based to electronically based processes.29 The focus of the following analysis relates only to the electronic service of process subpoena), and, in the author's view, to the concomitant misapplication of the ElectronicPostmark offered by the United States Postal Service in connection therewith.
The Supreme Court of South Carolina, pursuant to South Carolina's Uniform Electronic Transaction Act, stated its mission in the mid-2000's to migrate to an electronic court filing system for the cases that come before it. It remains true, even today, that current technological solutions, when considered in connection with the heightened procedural and Due Process requirements attendant to the initial service of process, has the potential to (1) strip away the protections accorded the litigants in a physical service of process schema, (2) undermine the integrity of the Court's role as a trusted repository, and (3) may actually result in increased litigation activity challenging the efficacy of service of process.
The misperception of what technology can, or does, offer as being capable of doing is not unique to the judiciary's quest to digitize its processes. However, the stakes for the judiciary and the judicial system participants are much higher than those attendant to the private sector in general; these higher stakes must necessarily raise significant issues relating to reliability, authentication, and due process for the litigant parties who are the ultimate "customers" of the judicial system, for attorneys and litigants who are the consumers of judicial resources, and for the Courts, whose burden it is to manage these processes to promote the orderly administration of justice. Accordingly, the arguments surrounding the efficacy of electronic service of process effectuated using the EPM should be thoroughly examined in light of what the EPM technology offering in this sector can, and more importantly, cannot do.
Systemic Problems Arising from Electronic Service of Process Using the EPM
What the Electronic Postmark Is
The United States Postal Service Electronic Postmark ("EPM") is the electronic counterpart of the timestamping clock used by a Court clerk in connection with the filing of pleadings. The difference between the two is that the timestamp of a digital document is software based (or electronic, consisting of binary zeroes and ones) while the inked imprint of a clock's "stamper" mechanism represents a physical timestamp of a document. A digital timestamp is designed to provide proof that data existed at or before a certain time.30 A digital timestamping service (DTS) issues timestamps that associate a date and time with a digital document in a cryptographically strong way. A digital timestamp can be used at a later date to prove that an electronic document existed at the time stated on its timestamp. For example, a physicist who has a brilliant idea can write about it with a word processor and have the document timestamped. The timestamp and document together can later prove that the scientist deserves the Nobel Prize, even though an archrival may have been the first to publish.31
On their respective web sites, the USPS and AuthentiDate (the company hosting service for the EPM) define the EPM as "comprised of an electronic time and date seal and a Hash Function which provide security services that verify the authenticity of Electronic Files.32 In recent proceedings before the United States Postal Rate Commission, the Unites States Postal Service describes the EPM service as one that "combines trusted timestamps with content authentication technology."33 Translated into more simple language, the EPM only associates electronic data content with time. Accordingly, the United States Postal Service Electronic EPM is no more, and no less, than an Internet based service provider that timestamps digital files as defined above.
The Electronic Postmark Is Not Mail, Nor is it An Indicia of Mailing
a. The EPM is not a mail service "Postmark"34
b. The EPM has nothing to do with email.35
c. The USPS EPM is not a "document delivery Service"36
d. "The USPS Electronic Postmark is not a class of mail or type of mail service under 39 U.S.C. §3621"37
e. [The] USPS EPM service functions as neither a type of mail, a mirrormail, nor is it a service ancillary to mail.38 USPS EPM service does not, by itself, provide evidence of the time and date of a document transmission, although a third-party application may use it that way.39
f. Does not prove sending or receipt.40
g. The EPM service is "static" in that it proves only that a document existed at the time it was received by the EPM's timestamping service.41
The EPM is anonymous by design; the EPM digital timestamping service does not prove who sent or received a document. A digital timestamping service performs one function, and one function only, and that is to authenticate digital data content. The EPM adheres to the RFC 3161, the timestamping standards promulgated by the Internet Engineering Task Force ("IETF"), which standard mandates anonymity in the timestamping process.42 This is done irrespective and by design independently of the identity of the "creator" of that content. Accordingly, standing alone, the EPM service merely timestamps content as of the time a fingerprint of that content is received by AuthentiDate's remote Internet server.43 As a result, anyone who can sign on to the USPS EPM can have any document timestamped, forged or otherwise. This flies in the face of the Due Process constitutional mandates articulated by the Supreme Court in the Mullaney case – "…notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections."44
Further, The United States Postal Service Electronic Postmark is clearly not a mail service, nor does it "certify" or "register" email. Indeed, it is not, nor does it constitute, either electronic or real mail in any manner. The USPS Electronic Postmark does not provide any indication of the time a sender sent an email, nor can it reflect the time a recipient received an email. Indeed, it offers no electronic mail service of any kind. The EPM service does prove digital data content existed at the time it received content to timestamp. Yet, the EPM and the electronic proof of service, as currently offered purports to satisfy the notice requirements of the Due Process clause as they relate to the service of initial process on a party defendant. For all the reasons stated herein, the Authors respectfully maintain that they do not. The schema as currently designed leaves the current process quite susceptible to sufficiency challenges that are not easily made in the physical world. In light of these inherent shortcomings, and without significant technological enhancements to this process not offered by the USPS or AuthentiDate, the reliance on an EPM as means for effecting electronic service of process only questionably confers jurisdiction on a party, and even more questionably provides any reasonable likelihood of sufficient notice of the action.
EPM Warranty Disclaimers and Reliability
Another significant issue setting personal (i.e., in-person) service of process apart from electronic service of process offerings is one of reliability and trust. While electronic service of process technology vendors will boast of 99.9 percent "uptime" or availability, a look at the fine print will tell a different story. A recent warranty disclaimer offered by the U.S. Postal Service EPM makes no guarantee of service availability or reliability, and provides in pertinent part that:
"THE EPM IS PROVIDED ON AN "AS IS" BASIS and limits liability."
The USPS EPM disclaimer also provides in pertinent part that:
"IN NO EVENT SHALL USPS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THE SOLE REMEDY AVAILABLE TO YOU SHOULD THE EPM SERVICE NOT BE ACCESSABLE DUE TO A TEMPORARY EPM SERVER FAILURE, OUTAGE, OR UNAVAILABILITY, THEN USPS WILL CONSIDER ISSUING A CREDIT EQUIVELENT [sic] TO THE AMOUNT CHARGED FOR THE EPM TRANSACTION WHICH WAS UNABLE TO BE COMPLETED."
While no service provider, electronic or physical, can guarantee uptime on a 24 hour a day, seven days a week basis, the disclaimer provided above effectively shields both the USPS or any of its EPM licensee from any injury to any party (including the Court, efiling attorneys, and litigants) as a result of malfunctions, damages, delay, loss of data interruption of service, and a seemingly unending parade of horribles.45 Consider the hapless litigant whose filing is under a deadline, and whose filing is further jurisdictional, or otherwise mandates heightened time and filing sensitivity. If the United States Postal Service Electronic Post Mark service is unable to perform its postmarking service, for whatever reason, the risk of loss and injury falls squarely upon the shoulders of the litigants, the litigant's attorneys relying on electronic filing processes, and may ultimately endanger to the integrity of the Court records keeping system and processes. From a commercial perspective, a liability disclaimer such as this might be appropriate; however, the duty owed by the Court as a trusted repository to maintain both the process as well as the data integrity of the electronic documents generated and filed with it suggests rather strongly that the commitment levels of the Court, in establishing such a long-lived trusted repository, and the EPM, in its efforts to limit liability, are in serious misalignment.
Indeed, updates to the USPS EPM program announced in 2006 permit independententities to merely "self-certify" the trustworthiness and reliability of their technology, further diluting the efficacy of the USPS EPM for electronic service of process purposes. The author submits that such "self-certifying" entities cannot meet the exacting "beyond reproach" standards espoused by NAPPS in its best practices statement.
Personal Service of Process - Record Maintenance
Not a few civil actions take years to navigate through to trial, and then through the appellate court system, and then perhaps return to trial on a remand. This issue has been tacitly recognized by other jurisdictions. Records retention is another important but frequently overlooked aspect to effecting service of process. Not surprisingly, the Electronic Case Filing Rules for the United States District Court for the Southern District of New York require that hard copies of all filings relating to proofs of service and declarations which have been made electronically be maintained for five years after the time periods for all appeals expire.46 The retention of the proof of service of process is therefore of critical importance even years after service of process was effected.
Long-term retention is not mandatory with the EPM used in connection with electronic service of process. The EPM as deployed in pilot offered a short seven-year retention period for timestamps (or EPM's) used to validate digital data content.47 This means, in effect, that evidence of content authenticity is stored in the USPS EPM repository only for seven years "to ensure trusted non-repudiation of content." The practical effect of this arbitrary limitation means that any litigation, including any appeal(s) or remand(s) thereof, must be completed within seven years of the issuance of the EPM or the content so authenticated by the EPM will be subject to challenge anew. A seven-year retention policy for the validation of such critically important documents as a proof of service of process is therefore woefully inadequate to protect the Due Process rights of potential defendants to a lawsuit. Indeed, for an efiling service of process schema that never originates as paper or hard copy, a seven year EPM retention period may result in a per se civil practice rules violation, with potentially devastating consequences for both a litigant (and litigant's counsel).
In recognition of this critical need, the NAPPS best practices statement provides that:
"A separate, permanent record should be maintained by the process server, or by the employer on his or her behalf, and must be available for inspection by the process server, court, or the person requesting service…48
"A written permanent record of the service should be maintained, and made available upon request."49
Personal Service of Process Remains a Critical Jurisdictional Foundation
The NAPPS best practices statement for professional process servers provides in pertinent part that:
"A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served."
The incidence of on-line identity theft, data breaches, spoofing, scamming, and computer outages shows alarming increases. Current technology can barely keep up with detection and prevention of these events, much less provide proof "beyond reproach" that service of process was effected in such a manner as to protect the due process rights of a potential defendant. These technological shortcomings underscore the advantages, as well as the reasons underlying the viability of personal service as the preferred method for effecting service of process today, and for the foreseeable future.
The Continuing Relevance of Process Servers in the 21st Century
It is the opinion of the author that the electronic service of process schema still fall far short of Due Process demands of "notice reasonably calculated under all the circumstances, to apprise interested parties of the pendency of the action…" Specifically, the anonymous nature, the security vulnerabilities, access issues and inadequate document retention requirements--inherent in current technology--fails to meaningfully address or meet minimum due process standards as set forth in the Equal Protection Clause of the 14th Amendment to the United States Constitution.
For the reasons set forth above, while electronic service of process may hold promise for the future, and until adequate technological measures are engineered that (1) satisfy constitutional Due Process requirements for the parties in a manner substantially identical to those provided by physical service of process, (2) more closely approximate the reliability of physical service of process and maintain a presumption of validity generally free from wanton and frivolous challenge, and (3) ensure that the security profiles, retention and validation capabilities of any such proposed system are engineered with true longevity in mind,50 personal service of process remains the most effective, reliable, and trustworthy method for providing notice of a pending lawsuit and an opportunity to be heard.
1 http://www.law.cornell.edu/anncon/html/amdt14dfrag10_user.html (last viewed April 29, 2010)
2 Lyman, Peter and Hal R. Varian, "How Much Information", 2000. Retrieved from http://www.sims.berkeley.edu/how-much-info on [2010-04-26].
3 Teppler, Digital Data as Hearsay, 6 Digital Evidence and Electronic Signature Law Review at p. 8 (2009).
4 "Before a federal court may exercise personal jurisdiction over a defendant, the procedural requirement of service of summons must be satisfied. "[S]ervice of summons is the procedure by which a court having venue and jurisdiction of the subject matter of the suit asserts jurisdiction over the person of the party served." Omni Capital Intern., Ltd. v. Rudolf Wolff & Co., Ltd. 484 U.S. 97, 104, 108 S.Ct. 404, 409 (U.S.1987)
5 Ibid.
6 Fed.R.Civ.P. Rule 3
7 See Fed.R.Civ.P Rule 4, Omni Capital Intern., Ltd. v. Rudolf Wolff & Co., Ltd. 484 U.S. 97, 104, 108 S.Ct. 404, 409 (U.S.1987)
8 Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 102 S.Ct. 2099 (U.S. 1982)
9 Mullane v. Central Hanover Bank & Trust Co. 339 U.S. 306, 314, 70 S.Ct. 652, 657 (U.S. 1950)
10 Ibid.
11Vitek v. AIG Life Brokerage 2007 WL 682431, 2 (S.D.Ohio) (S.D.Ohio,2007)
12 Fed.R.Civ.P. Rule 4(c)(2),(3).
13 See, National Association of Profesional Process Servers Best Practices, http://www.napps.org/best_practices.asp , last viewed April 26, 2010.
14 Source: National Association of Professional Process Servers
15 Ibid.
16 "Undoubtedly, as contended by plaintiffs in error, the essential element of due process of law is an opportunity to be heard, and a necessary condition of such opportunity is notice...But personal notice is not in all cases necessary…There may be, and necessarily must be, some form of constructive service."Jacob v. Roberts, 223 U.S. 261, 265, 32 S.Ct. 303, 305 (U.S.1912).
17 Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 317 (1950) (permitting service by publication). Accord, Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1016-17 (9th Cir. 2002) (applying the reasoning in Mullane to allow electronic service on "an elusive international defendant," but only where service was also made by international courier and regular mail).
18 See, e.g., Bank Julius Baer & Co. Ltd. v. Wikileaks, 2008 WL 413737 (N.D.Cal. Feb. 13, 2008) (permitting service by email where plaintiff demonstrated that physical addresses for foreign defendants could not be effectively located and that such defendants, through their purported agents, refused to accept service; BP Products North America, Inc. v. Dagra, 236 F.R.D. 270 (E.D.Va. 2006) (service by publication on foreign defendant permitted where notice by mail was shown to be impossible).
19 Rio Properties, Inc. v. Rio International Interlink, 284 F.3d 1007 (9th Cir. 2002); BP Products North America, Inc. v. Dagra 236 F.R.D. 270, 272 (E.D.Va.,2006) ("From the limited case law in the area, it is clear that service by publication to a defendant in a foreign country is an acceptable alternative means under 4(f)(3), so long as diligent attempts have been made to locate the defendant and serve process by traditional means, and the publication is one that likely would reach the defendant."); Juniper Networks, Inc. v. Bahattab, 2008 WL 250584 (D.D.C. 2008).
20 D.R.I., Inc. v. Dennis 2004 WL 1237511, 1 -2 (S.D.N.Y. 2004); See, also D'Acquisto v. Triffo, 2006 WL 44057 (E.D.Wis. 2006); Hollow v.Hollow, 193 Misc. 2d 691; 747 N.Y.S.2d 704 (Sup.Ct. 2002)
21 See Case Management, Electronic Case Files, http://www.uscourts.gov/cmecf/cmecf_about.html last viewed 2010-04-26.
22 See, e.g., https://ecf.cand.uscourts.gov/cand/index.html (last viewed 2010-04-26)
23 See, e.g., Alabama Administrative Procedures, http://efile.alacourt.gov (last accessed 2010-04-26); Manatee County, Florida E-File Guide, http://www.manateeclerk.org/Portals/0/PDF/Instructions/E-File_Guide.pdf (last accessed 2010-04-26)
24 Report: Substituted Service of Process by Electronic Mail, Achieving Notice on Fictitious Owners of Commercial Websites for Access to Judicial Remedies, International Trademark Association (November 11, 2009)
25 Ibid., at p. p.17
26 Id., at. p.9
27 Id., at p. 3
28 See U.S. Patent No. 7,64,655 (Issue date February 16, 2010) processes.
29 See., e.g., Title 26 Chapter 6 of the Code of South Carolina, Pub. L. No. 106-229, 114 Stat. 464 (2000) (codified at 15 U.S.C. § 7001 et seq.).
30 See Internet X.509 Public Key Infrastructure Time-Stamp Protocol, http://www.ietf.org/rfc/rfc3161.txt?number=3161
31See Verisign Web Site: https://digitalid.verisign.com/client/help/id_intro.htm
32 See USPS EPM Terms of Use https://www.uspsepm.com/crm/terms.adate
33 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,21 (Filed April 26, 2004)
34 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5 (Filed April 26, 2004)
35 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5,17,21,22 (Filed April 26, 2004)
36 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5 (Filed April 26, 2004)
37 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5,17,21,22 (Filed April 26, 2004)
38 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5,17,21,22 (Filed April 26, 2004)
39 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶21 (Filed April 26, 2004)
40 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5,17,21,22 (Filed April 26, 2004)
41 Complaint on Electronic Postmark, United States Postal Rate Commission, Docket C-2004-2, USPS Answer, ¶¶2,5,17,21,22 (Filed April 26, 2004)
42 "[The time-stamp authority] shall not…include any identification of the requesting entity in the timestamp tokens." See Internet X.509 Public Key Infrastructure Time-Stamp Protocol. http://www.ietf.org/rfc/rfc3161.txt?number=3161
43 AuthentiDate's 2004 EPM Whitepaper: states, "The [EPM] service combines trusted time stamps with content authentication technology. This combination proves document authenticity when a result ing EPM is associated with a document or transaction that can later be verified using the EPM repository…and is designed to detect the fraudulent tampering or inadvertent altering of electronic data."
44 Mullane v. Central Hanover Bank & Trust Co. 339 U.S. 306, 314, 70 S.Ct. 652, 657 (U.S. 1950)
45"Under this new framework, the USPS will license the necessary trademarks and intellectual property to
46 http://www.nysd.uscourts.gov/ecf/ECF_rules_SDNY_Aug08.pdf , last viewed April 28,2010
47 See AuthentiDate EPM Website Data: http://www.AuthentiDate.com/www/products/uspsepm.htm (2005)
48 http://www.napps.org/best_practices.asp
49 Ibid.
50 It is perhaps reflective of these concerns that the Federal Courts' Electronic Filing System does not permit electronic service of process for the summons and complaint in Federal Court filings. See, e.g., Southern District of New York, Procedures for Electronic Case Filing Rule 1 (d).


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Selecting Hardware and Software
First, GeoPad, is not a specific brand or device, rather, it is a short-hand term coined to refer to the general combination of information technology that we feel has reached a level of maturity which provides attainable improvements and enhancements in teaching and learning for the Earth sciences, particularly in the field. A "GeoPad" is a pen-enabled computing device (i.e., a Windows XP Tablet PC) that is ruggedized, water-proof, and dust-proof and provides an outdoor-viewable display, wireless networking, and GPS. It has sufficient memory, disk space, computational horsepower and screen real-estate, to support the desired activities. It can run necessary software including GIS and an electronic notebook (i.e., OneNote), which provide a place to record, manipulate, and interpret data and observations in a variety of unified spatial and temporal contexts. Also, it is composed of readily available, off-the-shelf components, which can be easily incorporated into existing teaching and information technology support infrastructures.
Second, the specific hardware and software you select should be dependent on the learning goals and outcomes you plan to address through GeoPad-enabled activities. Budgetary constraints are also often an unwelcome, but important factor.
The basic design requirements of the GeoPad and GeoPocket are derived from the needs of students and instructors for field-based access to information technology. These requirements lead to two basic overall goals:
- to augment the time spent in the field and not detract from educational or research activities, and
- to maximize usability while minimizing the need for information technology know-how
To meet these goals and satisfy an appropriate set of requirements, we suggest considering the following key characteristics in selecting hardware and software for GeoPads and GeoPockets. The list we generate at this workshop is based on a wide array of experiences. Cost itself is certainly a key criteria as well, though it can be highly variable depending on what trade-offs you are prepared to make.
For a comparative review of field-based information technology, see: Clegg, P., Bruciatelli, L., Domingos, F., Jones, R.R., DeDonatis, M., Wilson, R.W. , 2006, Digital geological mapping with tablet PC and PDQA: A comparison, Computers & Geosciences, v. 32, p. 1682-1698.
Open-source versus proprietary software
- MapWindow provides a good Windows-based Open Source GIS that mimics the ArcMap format. At present, there is no field mapping or tablet functionality. There is a demonstrated need to develop this capability if anyone in the community has the experience and desire to do so.
Generalized versus niche software (i.e., ArcGIS versus MapIt, GeoMapper)
- Advantages: students learn to use common software they are likely to encounter in the future, often fits into existing campus IT support infrastructure
- Disadvantages: generalization obscures domain-specific features and needs
- The unit has to functional under typical field conditions, so it should be water-, sweat-, dust- and drop- resistant.
Outdoor-viewable screen
- Readability of the display in full sunlight is a must (current technology isn't perfect in this area yet)
- Low-contrast images, such as aerial photos present a much greater challenge then black-and-white text or USGS topographic maps.
Intuitive, pen-based user interfaces
- Making maps and sketches are inherently drawing process and much easier to accomplish with a pen than a mouse; keyboards were rarely desired in the use cases we've explored, as data collection and general operations are well-supported using pen-based input.
Screen Resolution
- Sufficient viewing area to provide an appropriate level of contextual information; we suggest a minimum of 1024 x 768 for students still developing their spatial reasoning skills.
- A good rule of thumb is to view the real geologic map for an area to ensure that when you are zoomed out far enough to see the whole field area you can also still view sufficient details.
- Viewing documents and figures in the field from references also generally requires a screen that can display close to a full page of journal text.
- Sufficient memory to eliminate disk-swapping with multiple applications open
- 1GB is a good rule of thumb today, however, the memory requirements for applications of each subsequent generation are generally greater than the last, so plan appropriately for the future by either buying more RAM upfront or ensuring that more RAM can be added later on.
- Sufficient computational horsepower to support advanced data analysis and interpretation
- 1GHz Pentium III M proves sufficient for the needs of 2006 students, however as IT evolves the need for faster processors is sure to follow.
- Sufficient graphics capabilities to support advanced 3D visualization and data exploration.
- Sufficient disk space to hold the necessary background materials. This can be highly variable depending on the complexity of the supplemental information you choose to provide, such as video, spatially-extensive data sets, reference papers, digital texts, etc.
Customizable GIS
- Simplifying user-interfaces and stream-lining the mapping process is important for non-GIS-savvy users.
Wireless Networking
- Wi-Fi
- Used to support real-time collaborative activities, data backup, data sharing, distribution of materials
- Bluetooth - by using this technology, users can have all computers coordinated.
- Used to connect peripherals, such as GPS, audio headsets, digital cameras, data loggers
Data ports (e.g., USB, Firewire, serial, PC-MCIA, CF, SD)
- Useful for non-networkable peripherals, such as analytical equipment
- An inexpensive, quick field back-up solution is a USB flash drive
- Hands-free harness
- Increases students' stability on uneven terrain
- Reduces chances for accidentally dropping a GeoPad
- Ergonomically designed for extended periods of wear
- No cables policy
- Eliminates accidents related to snags or getting tangled up
- Water-proof paper for color inkjets (sweat as well as rain)
- Large-format paper to simultaneously display sufficient extant and detail
Other Considerations
- Familiar vendor"Using standard, readily-available, off-the-shelf components from a vendor whose equipment and service you are already familiar with helps ensure an easy fit into your existing IT-support infrastructure.
- Minimize customization"For non-computer savvy audiences this enables rapid adoption and integration into existing education and research programs by supporting a low IT-knowledge entry threshold.
- Power"Ultra-quiet, electronic-equipment-sensitive generator, gas can, external chargers, power strips, extension cords; We wanted users to be able to work in the field all day without carrying around a heavy unit or a stack of spare batteries. We also didn't want to be running a generator all night charging batteries. So it's a trade-off between battery -weight and -life here. A handy feature offered with some units is a separate, external battery charger that handles two batteries at once, which allows a user to keep working elsewhere, while two spare batteries are being charged. Also, set the power schemes; field-use shouldn't need wireless; base-camp might need wireless; and, disable resume passwords to save time and frustration (unless you really have critical info on-board).
- Hardware upgrades"Cost represents a significant constraint on large-scale adoption of IT in field-sciences, therefore, purchasing equipment with a history of upgradeability and a clearly defined path for doing so is important. Being able to purchase incremental upgrades, when significant advances in technology become available, rather than replacing entire units, is an important mechanism for minimizing the long-term costs of IT-enabling field science.
- Warranty duration"Outdoor-usable computer equipment comes at a premium price, and budgets for field courses are generally tight. You want to maximize the usable life-time of the equipment you purchase, so you may want to consider extended warranties. We hope to get a minimum of four to five usable years out of our equipment, and have settled on three-year warranties as our target.
- Repair policy"Some units do not have any user-accessible components (e.g., Xplore's iX104) and must be sent in for repairs or even upgrades. Some manufacturers, such as Panasonic, will immediately ship new equipment out, rather than have you wait for you own to be repaired; for example, if you break your screen, you can hang onto your hard drive, send the broken body in, and stick your hard-drive in the new unit when it arrives, thereby, minimizing your down-time.
- Additional, non-IT equipment"Deploying information technology in the field can require additional support equipment, such as generators (and fuel), external battery chargers, extension cords, power strips, printers (and related supplies), spares, etc.
Other Useful Information
- Walcott Scientific (http://www.tdsway.com/about_tds/partner_list/education/recon/partners/walcott) --a website with useful information about rugged tablets, notebooks, handhelds, GPS receivers, software, and a variety of help sheets, tutorials, and links to related resources.