Author: Daniel Solove

4

When Your Cell Phone Can Recognize You

cellphone2b.jpgIn Finland, scientists are developing a cell phone that can recognize who you are by the way you walk. According to one article:

Researchers at the VTT Technical Research Centre of Finland have developed a prototype of a cell phone that uses motion sensors to record a user’s walking pattern of movement, or gait. The device then periodically checks to see that it is still in the possession of its legitimate owner, by measuring the current stride and comparing it against that stored in its memory.

If the phone suspects it has fallen into the wrong hands, it will prompt the user for a password if they attempt to make calls or access its memory.

As for accuracy:

Ailisto says, using the simple motion sensing gait method, the prototype phone correctly identified when it was being carried by someone other than its owner 98% of the time. It also only triggered accidentally, when it was with its rightful owner, 4% of the time.

6

IBM vs. NBA: Using Employee Genetic Information

ibm-nba1.jpgThis week, IBM announced that it would not use genetic information in making any employment decision:

On October 10, IBM Chairman Sam Palmisano signed a revision of the company’s equal opportunity policy specifying that IBM would not “use genetic information in its employment decisions.” In doing so, Big Blue became the first major corporation to proactively take this position. “Business activities such as hiring, promotion and compensation of employees will be conducted without regard to a person’s genetics,” wrote Palmisano in a letter to employees announcing the change.

In contrast, consider the story of Eddie Curry, an NBA basketball player. Curry was with the Chicago Bulls, but he had two incidents of heart arrhythmia. General Manager John Paxson decided to bench Curry for the rest of the season. Paxson wanted Curry to undergo a genetic test to further diagnose his heart condition, but Curry refused. According to this CNN-Sports Illustrated article:

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0

Google’s New Privacy Policy

google.jpgGoogle recently revised its privacy policy:

Old Policy (July 1, 2004)

New Policy (Oct. 14, 2005)

Philipp Lenssen has a humorous translation of the legalese of Google’s new privacy policy. A brief excerpt:

 

What they say

What they really mean

 

Google collects personal information when you register for a Google service

or otherwise voluntarily provide such information. We may combine personal

information collected from you with information from other Google services

or third parties to provide a better user experience, including customizing

content for you.

When

you want to use one of our sites, I mean really use them, we put up

those little boxes where you type your name and stuff. Whatever you type in

any of those sites goes to our great big machine somewhere in the basement,

and from there, all of our employees can pretty much sniff around in it and

do fun stuff with it, like read it out loud on office parties.

 

For more Google humor, check out Randy Siegel’s joke Google website in the year 2084. (Hat tip: Thinking About Technology)

We here at Concurring Opinions have a privacy policy. Please don’t get alarmed after reading it — it’s a joke, of course. We don’t sell your information to others. Really. Not because we care about your privacy — just because we haven’t found somebody to pay us for it yet. . . .

2

Italy’s Surveillance of Cyber Cafes

italy3.jpgThis interesting story describes Italy’s strong antiterrorism laws, which require extensive monitoring of people’s use of the Internet in cyber cafes:

After Italy passed a new antiterrorism package in July, authorities ordered managers offering public communications services, like Mr. Savoni, to make passport photocopies of every customer seeking to use the Internet, phone, or fax. . . .

Passed within weeks of the London bombings this summer, the law is part of the most extensive antiterror package introduced in Italy since 9/11 and the country’s subsequent support of the Iraq war.

Though the legislation also includes measures to heighten transportation security, permit DNA collection, and facilitate the detention or deportation of suspects, average Italians are feeling its effect mainly in Internet cafes.

Before the law was passed, Savoni’s clients were anonymous to him. Now they must be identified by first and last name. He must also document which computer they use, as well as their log-in and log-out times.

Like other owners of Internet cafes, Savoni had to obtain a new public communications business license, and purchase tracking software that costs up to $1,600.

The software saves a list of all sites visited by clients, and Internet cafe operators must periodically turn this list into their local police headquarters.

1

Update on Sober = Drunk in Washington DC

Earlier this week, I wrote a post on how people can be arrested for DUI even when they have a BAC well below the legal limit of .08. The Washington Post article I blogged about sparked a considerable public outcry, and now the DC Council is rushing to revise the law. According to a follow-up article in the Washington Post:

D.C. Council members, swamped with irate calls and threats to boycott

D.C. bars and restaurants, introduced emergency legislation yesterday

that would override the police department’s controversial and

little-known zero-tolerance policy for drinking and driving.

5

Does Google Image Search Violate Copyright Law?

googleimagesearch.jpgPerfect10, an adult industry website, has sued Google claiming that Google Image Search is violating its copyright. For those who haven’t tried it, Google Image Search is a terrific resource. One can search the web for images, which appear as thumbnails on the search results page. EFF, which has filed an amicus brief in the case, argues on its website:

Thumbnails created by Google Image Search allow users to identify information they are looking for online and then access that information—much like an electronic card catalog. As certain information about images can only be conveyed visually, there is no other feasible way to provide image search on the Internet than capturing images, transforming them into thumbnails, and then displaying them on a search results page for users.

0

The Most Expensive Blog Ad Ever?

To post an advertisement for just one day on the home page for WordPress, which gets about 11,000 unique visits per day, how much do you think it costs? $50 per day? $100? $200?

Nope. Try $20,000! That’s right — $20,000 for just one day. Ads for a week cost $100,000 and ads for a month cost $250,000.

blog-ad.jpg

No takers so far. If there are, you might start to see a lot of ads here . . .

Hat tip: Google Blogoscoped

5

Should We All Be in the National DNA Database?

dna4.jpgThe Senate recently voted to reauthorize the Violence Against Women Act. But nestled in the Act was an amendment by Senator Jon Kyl (R-Arizona) to add arrestee information to the national DNA database. The national DNA database, which is run by the FBI, is called the Combined DNA Index System (“CODIS”), and it includes DNA from over two million convicted criminals. This DNA is used to identify matches with DNA found at crime scenes.

In a press release, Senator Leahy (D-Vermont) states:

Regrettably, this important bill was saddled in Committee with an extraneous and ill-considered amendment, offered by Senator Kyl, relating to the national DNA database. Current law permits States to collect DNA samples from arrested individuals and to include arrestee information in State DNA databases. In addition, States may use arrestee information to search the national DNA database for a possible “hit.” The only thing that States may not do is upload arrestee information into the national database before a person has been formally charged with a crime.

Under the Kyl amendment, arrestee information can go into the national database immediately upon arrest, before formal charges are filed, and even if no charges are ever brought. This adds little or no value for law enforcement, while intruding on the privacy rights of people who are, in our system, presumed innocent. It could also provide an incentive for pretextual and race-based stops and arrests for the purpose of DNA sampling. Congress rejected this very proposal less than a year ago, after extended negotiations and consultation with the Department of Justice.

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0

Preparing for a Bird Flu Pandemic

pandemic3.jpgBird flu has now captured the attention of the news. While I’m generally not one to become overly concerned with armaggedon scenarios, a flu pandemic strikes me as a particularly realistic and frightening possibility. Pandemics occur periodically, and the experts all seem to be extremely concerned.

I believe that it is important to view this as a national security issue. National security has become almost synonymous with the protection against terrorism, and we assess the success and failure of government officials in keeping us secure primarily with terrorism in mind. But national security should also be understood as the ability to prevent and respond to natural disasters and outbreaks of disease. The destruction terrorists might cause is often small when compared to what nature can do. According to Newsweek:

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1

The Law of Harry Potter

potter5a.jpgWhat are the criminal consequences of a curse? Can a person commit a tort by unfair Quidditch play? How can the law of the Muggles be harmonized with the law of the Wizarding World? For a long time, attorneys struggled over these issues without much legal guidance. But that problem has now been fixed by Aaron Schwabach (law, Thomas Jefferson), who has posted an article on SSRN analyzing the law of Harry Potter: Harry Potter and the Unforgivable Curses: Norm-formation, Inconsistency, and the Rule of Law in the Wizarding World. According to the abstract:

The astounding success of the Harry Potter series of children’s fantasy novels is an unexpected cultural phenomenon, but a welcome one for lawyers and legal academics: Harry’s story is a story about law, and about a society trying to establish a rule of law. There is law in every chapter, and on almost every page, of all six books. Sometimes the legal questions hang in the background, while at other times they are the focus of the story: We see numerous trials, and the author gives us statutes, regulations, school rules, and even international agreements to consider.

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