Thursday, October 31, 2013

Week Five EOC: Legal Change With Modern Internet


In the early 1980's, the internet was in its infancy. It was regarded as a way that would change and connect the world, and it has, but at what cost? Before the internet, people relied on other methods to receive the news and other information, such as books, television, newspapers, magazines and radio. Nowadays, computers are found almost everywhere, with internet access right alongside it, to instantly be able to access any information you are seeking. While the majority of people who use the internet for entertainment purposes, business, and school or even to talk to family members across the country or even the world, there are people who use it for more sinister purposes, and has made for a melting pot of nefarious agendas.
Since its invention, the internet has been host to new breeds of criminals, and often times are never caught or prosecuted. The knowledge of these crimes has changed the ways in which you use the internet. In the ways that parents have taught their children to be cautious about strangers in the real world, it should be even more so instilled when regarding the internet in any way, shape or form. “Predators and scam artists know how to utilize the latest technology. Real crime runs rampant in the virtual world,” said NAAG President and Nebraska Attorney General Jon Bruning, who made this topic the focus of his one-year presidential term. (www.naag.org). Children and teenagers make up one of the largest groups of internet users; this makes it easier for predators to prey upon them. It is often because they are young, trusting, curious and naive that they are perfect targets, and with the added danger that it provides the predator with anonymity.

Several laws have been made to try and protect children from predators. In fact the President of the National Association of Attorneys General (NAAG) is making it his focus for the Initiative Summit. “Unfortunately, as technology advances, online sexual predators find new ways to prey on our children,” President Bruning said. “As Internet access becomes more and more ‘wireless’ and allows people to move around, it becomes harder to track down and prosecute these offenders.” (www.naag.org) they have also been working on two goals: hastening the law enforcement subpoena process and removing child pornography from the internet. The Communication Decency Act (CDA) was passed in 1996, and it made it illegal to put “indecent” material where children could access it on the internet but the Supreme Court found that the term “indecent” was found to be too vague. Following the CDA was The Child Online Protection Act (COPA), in 1998, which was a narrower version of the CDA, where sites required proof of age before giving access to users. It was challenged and in 1999 they was a permanent injunction against its enforcement.

While there are many positive attributes to the internet there are also slightly darker attributes as well. As with everything in life and the worlds around us, for every day there is a night, for every good thing in the world there is something waiting in the wings to cause harm or to use it in a way it was never intended for. We have to educate our children more and tell them about all potential dangers and not just gloss over them because it may be uncomfortable. “Together, we can bring emerging trends to the forefront, be diligent in our efforts to harness new technology and limit the crime and corruption that come with it,” said President Bruning. (www.naag.org)

Thursday, October 24, 2013

Week Four EOC: Copyrights

The standard definition of the word copyright according to Merriam-Webster, when using as a noun, is defined as the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical or artistic work), also it is defined as the legal right to be the only one to reproduce, publish, and sell a book, musical recording, etc., for a certain period of time. (Merriam-Webster.com

When using as a transitive verb it means to secure a copyright on. The point in time something is copyrighted is at its point of creation. ” Copyright is part of federal law. Published and unpublished photographs may be protected and registered. It is unlawful for anyone to violate (infringe upon) the rights of a copyright owner. A case of copyright infringement may only be heard by a federal court.”(JPMag.com)

 As a photographer, the moment I take a photograph it is copyrighted by me because it is mine. I took the photograph therefore I own it. But with just me, I know it is mine; I still need to mark it for the world to know that I own the rights to the photograph. These days taking someone’s photography on the internet is becoming more and more common, leaving photographers struggling to find even more ways to distinguish and protect their work from thieves, because for working photographers, not only is that  their career  and livelihood on the line but also their reputation as a photographer, as well.  ” Intellectual piracy on the Internet is a serious problem, one that policymakers in Washington need to address quickly and responsibly without unduly restricting Internet freedom.”(FoxNews.com)

While still using photography as the example, there are a few ways to copyright the photograph. While editing the photo I can write in the metadata that the photo is copyrighted by me and that all rights are reserved. Another way is to watermark the photograph so on first glace you people know who shot the photo but most importantly who owns the photo. “Photo protection is just like any other type of security: even though complete safety isn't possible, violations can still be made so difficult that they won't be worth doing. In other words, don't leave the front door of your house wide open just because someone could potentially also break in through a window.” (CambridgeInColour.com)

Friday, October 18, 2013

Week Three EOC: Erin Brockovich





In 1992, Erin Brochovich was working for the law firm Masry and Vititoe answering phones, when she came across a pro bono case. The case was that Pacific Gas & Electric’s interest in buying a plot of land that a family resided on in Hinkley, California. Something didn’t sit right with Erin when she saw that there was blood samples mixed in with the real estate papers. Even though her education was limited and she had no legal training she threw herself into investigating the case.

What Erin found out was that PG & E had knowledge that their company was leaking a contaminant called Chromium 6 in to the water well of Hinkley, California, not just recently but for the past 30 years. Residents were suffering from illnesses and ailments ranging from severe chronic nose bleed to cancer. "All the delays, all the stalling, all the shell games are doing nothing but degrading the environment further and jeopardizing the health and welfare of countless people. It makes no sense," Brockovich said. (TheDailyBullentine.com)

In 1993, 634 residents of Hinkley, California hired Masry & Vititoe to sue Pacific Gas & Electric. "I don't think they wanted the publicity Erin Brockovich could bring ... she speeded things up a bit," Sathre said. (thedailybullentine.com) For nearly 4 years, the case stood still in arbitration but was finally settled out of court for $333 million dollars.  After the lawyers cut of 40% plus an additional $10 million the rest of the 634 residents were left to split around $189 million which roughly translated to $277,000 a person. Although some residents weren’t even awarded that much, some were given as little as $50,000. "Hinkley will be a ghost town," Brockovich said. "It will be another town lost in America due to pollution."(mercurynews.com)