Electronic Evidence & Information Gluttony

June 20th, 2008

In this current age of the “Information Superhighway,” companies literally “do not know what they know.” And for attorneys who must review this avalanche of information (often from multiple sources) to ferret out “smoking guns” for a trial, this problem of information overload is much more compounded.

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Cyber-Bullying Goes Federal & MySpace Fakery Could Be a Crime

June 19th, 2008

In a highly unusual use of a federal law in which legal experts describe as “creative” and “aggressive,” a St. Louis, Missouri woman has been indicted in what may be the country’s first case of cyber-bullying. Federal prosecutors say Lori Drew, 49, and others created an account on the social networking site MySpace pretending to be a 16-year-old boy to fool her neighbor, 13-year-old Megan Meier.

According to prosecutors, Drew used the MySpace account to establish a relationship with Meier, acting for weeks to be a boy interested in forming a romantic relationship her. A short time later, Drew suddenly ended the relationship, taunting Meier and telling her the world would be better off without her. Consequently, a distraught Meier committed suicide by hanging herself.

Drew is Arrested and Charged with a Crime

The federal indictment, which was delivered in Los Angeles after state prosecutors in Missouri declined to bring charges, is unprecedented, and legal commentators believe it may seriously stretch the federal statute on which it was based. The indictment charged that in violation of MySpace terms of service, “Drew and co-conspirators knowingly and agreed with each other to intentionally access a computer … to further a tortious act, namely, intentional infliction of emotion distress.” According to the prosecution, Drew violated MySpace’s terms by using a fictitious name, among other things, and thus had no authority to access the MySpace service.

“This adult woman allegedly used the Internet to target a young teenage girl, with horrendous ramifications,” said United States Attorney Thomas O’Brien. “Any adult who uses the Internet or a social-gathering website to harass or bully another person, particularly a young girl, must realize their actions can have serious consequences.”

The Unprecedented Charges may Create a New Realm of Cases

The case presents a new wrinkle in the interpretation of federal law. Legal experts warned that such an interpretation could criminalize routine behavior on the internet. After all, people regularly create accounts or post information under aliases for many legitimate reasons, including avoiding spam and a desire to maintain their privacy online.

This new interpretation also gives a business contract the force of a law: violations of a web site’s terms of service could now lead to criminal sanctions, instead of just civil lawsuits or ejection from a site.

“I think the danger of applying a statute in this way is that it could have unintended consequences,” said John Palfrey, a Harvard law professor. “An application of a general statute like this might result in chilling a great deal of online speech and other freedom.” Drew is scheduled to be arraigned in St. Louis but the trial will be held in Los Angeles were MySpace is headquartered. If convicted of the charges, Drew faces up to 20 years in prison.

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Female Hair Loss Remedy

June 18th, 2008
Female hair loss is not an isolated case. It happens quite frequently and it is usual due to an imbalance of hormones in a woman’s body. It is embarrassing, especially for a woman to go through hair loss. However, it is not necessary to go shopping for wigs, and before you do anything it often wise to check with your dr . There are a variety of female hair loss remedies that a woman can experiment with to see which will give her hair back. Some of the remedies include vitamins for hair loss, Chinese hair loss remedies and home remedies among many others for the reversal of hair loss in women.


Female Hair loss Vitamins


The most common vitamins and nutrients for women hair loss are B vitamins, saw palmetto, omega 3 fatty acids, protein and multiple vitamin packs. Sometimes women suffer because of diets or eating disorders. If you are not getting enough of the right vitamins and minerals, then your body will fail you in some way. Therefore, if you cut protein out of your diet, you should at least take protein vitamins to help raise the level of protein in your body. Many times there is a deficiency in B Vitamins such as B6. This can be due to the blood type you have because it is common for women with type A blood, not to absorb well the B vitamins. Therefore, you can take biotin to help increase your levels. The best way to prevent hair loss is to take a vitamin multi pack so that you get a little bit of everything.


Saw palmetto is wonderful for those who suffer from PCOS because it helps to stop the consequences of testosterone in a woman’s body. Women with poor hair structure such as dry hair and thinning hair may want to consider consuming more fatty acids, especially omega 3 to enhance the fatty acid in your system.


Home Remedy


This may seem obvious, but shampooing your hair regularly if you have an oily scalp with thinning hair, can reduce your chances of hair loss and reverse the negative effects that hair loss has had on your hair. Often, the oils on your scalp contain a high level of testosterone that is welcomed back into the skin through the pores creating loss of hair. If you eliminate the oil, you eliminate the testosterone and finally eliminate female hair loss.


Chinese Hair Loss Remedies


A great way to reverse hair loss is to go to an acupuncturist. Acupuncture can strengthen your hair by carrying the nutrients, hormones and energy necessary to protect and strengthen your hair follicles and in turn preventing further hair loss and reversing the damage already caused by a hormonal imbalance in your body’s system.


Other


Women can also use the FDA approved minoxidil which is commonly referred to as Rogaine. With a 2% concentration of this drug used on the scalp, you will be able to recover 20 to 25 percent of your hair loss. After six months of treatment.

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Electronic Evidence & Information Gluttony

June 17th, 2008

In this current age of the “Information Superhighway,” companies literally “do not know what they know.” And for attorneys who must review this avalanche of information (often from multiple sources) to ferret out “smoking guns” for a trial, this problem of information overload is much more compounded.

Read more

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Protecting Your Domain Name From Internet Thieves, Employees & Ex-Partners

June 16th, 2008

URL theft by a partner or co-owner: We receive calls every week from companies who essentially tell us that an ex-partner or company owner has taken control of their domain registrations and that the now-ex-partner refuses to release the stolen name to the company. Perhaps the name was registered initially in one partner’s name. In some cases, that business owner redirects the domain to another website, essentially putting the online business out of business. More often, the business owner demands some sort or money or other consideration in exchange for the domain name. Essentially, they use the URL as leverage to obtain something they couldn’t achieve in the context of the partnership. This is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area.

URLTheft by Employees: Unfortunately, corporate management is rarely involved in the registration process of their domain names. Registration of domains is often handled by the IT department, and even delegated to lower level web site employees. Because of the high turnover rate at that level, the employee with access to the domain registrant login information ends up leaving the company, taking that information with them. Again, if there is a dispute with the employee, it often turns into a domain name dispute after termination. Once the domain registrant information is stolen, it can be difficult to retrieve.

URL Theft by Vendors: Sometimes, a technology vendor or web site developer uses their own information to register your companies domain name, even going so far as to list their company as the registrant of your trademarks. If a billing dispute arises down the line, the web developer uses the URL as leverage to get paid. Even more common, the web vendor goes out of business and the company doesn’t realize that they have no way of obtaining control of the domain name or even renewing the domain name at the end of the registration period. If a domain name is stolen by the web developer or vendor, you could be in big trouble if the vendor’s company folds, the web developer moves away or you become the target of cyber-extortion.

The words “someone stole my domain name” are words said far too often in our business. Companies must take their intellectual property rights more seriously and protect their intangible assets like they do other tangible property. An ounce of prevention is really worth a pound of cure. Control your registrant login and you will control your domain name from theft.

Mr. Schaefer is a seasoned trial attorney practicing internet, domain and trademark law on a global basis. Mr. Schaefer has first chair trial experience in a wide variety of litigation matters, including class action litigation, internet and domain law, cybersquatting actions, intellectual property, commercial and fiduciary litigation, UDRP and IP licensing. He has represented some of the largest companies in the world in litigation, domain name, trademark and related matters. He is a frequent author and presenter on issues related to protecting business interests in a global internet economy.

To find out more about trademark protection, copyright law, cybersquatting and complex litigation, please visit Traverse Legal, PLC or visit our domain name protection blog or cybersquatting blog

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Improve Alertness With Shooting Games

June 15th, 2008
There is no doubt about this that playing shooting games, one can discover a grand way to expand the realm of thoughts, alertness and multitasking. For parents, particularly for their children, shooting games are the best selection to entertain them and make them alert as well. There are many parents who permit their children to spend quite a lot of time in front of the idiot box! But, then, what good does that do for children? There, the characters act and they watch whereas in shooting games character perform what they do. A great difference! Isn’t it? This is something like you watch a football match and feel wonderful when David Beckham kicks the goal but it would make you feel million dollars when you are in his shoes!


If you want children to learn something while they are zoned out, perhaps this presumption of yours stands nowhere and you are lost. But, if you flip on the computer, get some interesting shooting games, you may actually be able encouraging children to learn more and you hearten admirable thinking ability as well. Watchfulness is not something that everyone can feature well. Now, here, we are referring this to a process that comes along with unraveling problems, being watchful so that the character playing main role in shooting games does not get exterminated and an dexterity to find many secret things and ultimately to complete the mission without losing health and life.


For almost all the children, this is something in their life they struggle with. Dear mamma and dad always look after it and they become solely dependent creatures! Even many scientists favor that video games, if played in a positive way, can make their players sharp and alert. This is because the character or the Hero in lead role in game is being targeted by hundreds of enemies with thousands of bullets. Where to crawl, where to hide and when to hit make player ideal in many ways and that is why, such games carry much importance than just being a video game.


Many shooting games come with some latest devices or joysticks and so many games are equipped with guns that one can shoot onto the TV or computer screen. Isn’t it remarkable to improve shooting skills and to point out where exactly it is needed? Not surprising that your kid may become some great archer or a hardcore dart player!!!

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Electronic Evidence & Information Gluttony

June 14th, 2008

In this current age of the “Information Superhighway,” companies literally “do not know what they know.” And for attorneys who must review this avalanche of information (often from multiple sources) to ferret out “smoking guns” for a trial, this problem of information overload is much more compounded.

Read more

Posted in Cyber Criminal | No Comments »

Protecting Your Domain Name From Internet Thieves, Employees & Ex-Partners

June 13th, 2008

URL theft by a partner or co-owner: We receive calls every week from companies who essentially tell us that an ex-partner or company owner has taken control of their domain registrations and that the now-ex-partner refuses to release the stolen name to the company. Perhaps the name was registered initially in one partner’s name. In some cases, that business owner redirects the domain to another website, essentially putting the online business out of business. More often, the business owner demands some sort or money or other consideration in exchange for the domain name. Essentially, they use the URL as leverage to obtain something they couldn’t achieve in the context of the partnership. This is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area.

URLTheft by Employees: Unfortunately, corporate management is rarely involved in the registration process of their domain names. Registration of domains is often handled by the IT department, and even delegated to lower level web site employees. Because of the high turnover rate at that level, the employee with access to the domain registrant login information ends up leaving the company, taking that information with them. Again, if there is a dispute with the employee, it often turns into a domain name dispute after termination. Once the domain registrant information is stolen, it can be difficult to retrieve.

URL Theft by Vendors: Sometimes, a technology vendor or web site developer uses their own information to register your companies domain name, even going so far as to list their company as the registrant of your trademarks. If a billing dispute arises down the line, the web developer uses the URL as leverage to get paid. Even more common, the web vendor goes out of business and the company doesn’t realize that they have no way of obtaining control of the domain name or even renewing the domain name at the end of the registration period. If a domain name is stolen by the web developer or vendor, you could be in big trouble if the vendor’s company folds, the web developer moves away or you become the target of cyber-extortion.

The words “someone stole my domain name” are words said far too often in our business. Companies must take their intellectual property rights more seriously and protect their intangible assets like they do other tangible property. An ounce of prevention is really worth a pound of cure. Control your registrant login and you will control your domain name from theft.

Mr. Schaefer is a seasoned trial attorney practicing internet, domain and trademark law on a global basis. Mr. Schaefer has first chair trial experience in a wide variety of litigation matters, including class action litigation, internet and domain law, cybersquatting actions, intellectual property, commercial and fiduciary litigation, UDRP and IP licensing. He has represented some of the largest companies in the world in litigation, domain name, trademark and related matters. He is a frequent author and presenter on issues related to protecting business interests in a global internet economy.

To find out more about trademark protection, copyright law, cybersquatting and complex litigation, please visit Traverse Legal, PLC or visit our domain name protection blog or cybersquatting blog

Read more

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Treat Your Home Business Like a Game

June 12th, 2008
When a professional athletes steps onto the court or field, there is one thing and one thing only that crosses his or her mind. That is to outperform their opponents. To win, be champions and be the best that they can be.


Days or even months leading up to game time consist of hard grulling preparation. Weight training, running, exercising, having 2 sometimes 3/day practices. Why, to be the best. The more effort they put in the greater the reward. There are 82 games in an NBA season and 162 in the MLB, and each game is played to the maximum. Only the ones who wants it the most will finish on top. The player who practices harder, works stronger, and is physically and mentally ready, will see the greater reward. Failure is not an option in the mind of an athlete. To become successful one must never give up.


Michael Jordan is the greatest basketball player ever to play. He was cut from his varsity high school basketball team as a sophomore. Instead of giving up and becoming a failure, he practiced harder and harder to achieve what he desired.


“Whenever I was working out and got tired and figured I ought to stop, I’d close my eyes and see that list in the locker room without my name on it,” Jordan said, “and that usually got me going again.”


He later made the team and rest is history, played at UNC and created his success with the Chicago Bulls. He has set multiple records and accomplished so much because he would not let failure get in his way.


It’s your turn to treat your home business like a game and never let failure get in your way. Practice hard and prepare yourself mentally and physically for your season. You have a 365 game season and your goal is to win and outperform the rest. You will not go undefeated and win every game. There will be days where motivation is getting in your way and you are down to your last bit of energy. You have tried everything but you just can’t get it going. That’s fine, but you will have to practice harder for the next game. Preparation is key to acquiring success in your home business.


If you finish your season with a record of 320 wins and 45 losses, or even better, you too can become champions. The more championships you achieve the greater the reward. Every obstacle you are faced with, there is light on the other site. Seek out to achieve greatness and set forth your goals. Never stop practicing for you too can become the next Michael Jordan.

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Electronic Discovery: Basic Framework

June 11th, 2008

Although the details of each E-Discovery effort will vary from case to case, there are certain similarities that exists between them. Basic data formats have evolved over the past few years into de facto standards used for the collection, review, and production of electronic documents. The steps taken  to ensure quality are also generally applicable to most cases.  Proper handling of ESI processing should begin with the following basic framework:

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