The Future of Privacy, or is the Genie Out of the Bottle for All Time?

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

FAA logoThis story started out in one place and ended somewhere else.  I had been thinking about privacy issues for some time. A friend of mine, a forensic psychologist, like so many professionals, has gone to a (mostly) paperless office. Instead of taking a thick bulky file to court when called on to testify, he takes one dedicated laptop. As all our attorneys and anyone else who has had to testify as an expert knows, if you take your files to court, opposing attorneys are allowed to examine anything brought to the witness stand, such as the contents of a briefcase.  My friend was concerned that he did not want anyone to rummage through his private files and other client files if he brought his regular laptop. So he bought an inexpensive laptop. When he goes to court, he simply downloads the files for that one case, as well as any emails associated with the case. That way he has everything at his fingertips, and counsel opposite can look at everything in that little laptop without compromising privacy or violating HIPAA rules.

A few days ago, he and I were discussing smart phones.  Because of a recent article in the news, the question came up of who owns your cell phone if you use it for business purposes.  Almost everyone I know uses their personal cell phone in relation to their employment. Texting, emails and file storage of all kinds. Suppose the employer is sued, and either the plaintiff or the defense attorney demands all cell phones used in the business be rounded up for evidence in discovery? What does one do in a case where your employer tells you to turn in your personal cell phone, and you may not delete anything, lest you be accused of spoliation of evidence.? Your employer and all the parties are now privy to your personal emails, photos and possibly even all your passwords. Furthermore, you may or may not get your $300+ smart phone back, and if you do, it may take weeks or months.  You may find your memory card gone or erased if you ever do get it back.

That led me to thinking about the broader issue of privacy and new technology, especially regarding drones. Drones have been a hot item in the news recently. There has been as much misinformation as information, and I wanted to set some of the record straight. This story is probably going to scare some people. I must admit, I am a bit nervous about this new technology and the future of privacy myself the more I learn about research projects in the works.

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New Atheism And Islamophobia

-Submitted by David Drumm (Nal), Guest Blogger

Richard DawkinsTo go along with blasphemy and hate-speech criminalization, there’s a new line of attack on atheists that has recently gained some popularity. Critics of atheism are trying to associate atheistic arguments against Islam with Islamophobia. In a recent article in Salon, Nathan Lean has written what is basically one long ad-hominem fallacy focusing on Richard Dawkins. Lean’s attempt to link Dawkins with the Islamophobia of the far-right is totally lacking in substance.

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Health Care, Boston and the Luck of the Draw

Submitted by: Mike Spindell, guest blogger

Asklepios.3I must begin this guest blog with a bit of a confession. When I first started posting on Jonathan’s blog many years ago I found that he had recognized me in one of his end of the year posts. He wrote words to the effect that what he found appealing in my comments was my tendency to reveal much about myself in the course of them. He had seen into the essence of not only my writing style, but also of the way I interpret the world around me. For me it always starts from my personal emotions about an issue and then I work to try to see how my personal experiences can apply to the world around me. It is the key to my empathy, which allows extrapolating my personal experience into a more global view of the world I live in. I imagine that is how it is for most people, but we all live in the isolation of our own consciousness. It is in truth not the best writing style and certainly not the most creative one, but at least limited by my own ability to be self critical, it is the most honest writing that I am capable of producing.

With that caveat in mind, let’s talk about my own health care experiences. I was genetically endowed with the predisposition towards heart disease. Both my parents and many of their siblings died in their early fifties from variations of heart disease. My Mother had perhaps four heart attacks (MI’s) and three strokes. My father had two heart attacks. As a family we were far from wealthy, struggling to maintain ourselves at the lower end of the middle-class, but my father had prescience that kept us from disaster. He always paid for good medical coverage and back then and most importantly medical coverage was affordable. Given my seeing so many medical issues as a boy my families medical insurance made a big impression on me. As a civil servant in New York City in lieu of an adequate salary I was covered by good health insurance and always elected to have the best, most costly plan. Up until the age of 36 this “Cadillac” (to use the current verbiage) plan wasn’t necessary because I seemed to be in good health, although the high blood pressure that kept me out of the Viet Nam draft was a concern to Doctors, but then I rarely needed to see Doctors. Six months after I married though at age 37, I suffered my first massive heart attack. With the help of my wife who nursed me through the recovery I seemed to return to normal. The hospital costs were huge and would have bankrupted me but for my health insurance. As my life progressed I had two more MI’s and then finally Congestive Heart Failure so bad that it led to me being put on an artificial heart device LVAD to keep me alive and finally a heart transplant to give me a new life. http://jonathanturley.org/2012/01/22/from-the-bottom-of-my-new-heart/

Thanks to my Medicare and my secondary health insurance I am alive today and nearing 70 years. My health insurance has probably paid out many millions to keep me alive and I sm grateful for that and in truth very lucky that I chose to be an underpaid Civil Servant.

My personal experience with the health care system came to mind when the Boston Marathon bombing occurred leaving so many victims with dire health care problems, many with loss of limbs. I can remember that day thinking what the costs of these patients treatment would be and how many of them would pay for it, even with the Massachusetts Health Insurance system. You see even though my Heart Transplant was covered, it is estimated that costs to the transplant patient are $30,000 for the first year after the transplant. I can’t cry poverty, but let’s say that those ancillary costs wiped out most of my savings. The loss of a limb and the rehabilitation from it can take many years and is costly. Prosthetics wear out and must be replaced. Depending on ones occupation their income can be adversely affected and their family lives severely disrupted as a consequence. While it is true that thus far some $23 million dollars has been raised purportedly for the victims how far will that money go towards allowing them to return to their normal lives? Given this what are the implications of the response to this particular act of horror in terms of the entire health care debate that is far from settled in this country? Continue reading “Health Care, Boston and the Luck of the Draw”

Minnesota Man Faces Double Murder Charges In Home Burglary Case

2smith121112A retired State Department employee has been indicted on two charges of first-degree murder in the latest case involving “castle doctrine” claims. There is little dispute that the two teens, Nicholas Brady, 17, and Haile Kifer, 18, broke in the Minnesota home of Byron Smith, 64, on Thanksgiving Day. Indeed, Brady may have broken into the home twice before. However, Smith’s shooting the unarmed teens and his actions captured on his own videotaping system led to the charges.

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Let Them Eat Pufferfish: Chinese Communist Leader Caught Red-Handed At Luxury Lunch

Zhang Aihua on a tableZhang Aihua, a Communist party leader in Taizhou City, appears not to have gotten the memo from Mao that “Thrift should be the guiding principle in our government expenditure.” Or, for that matter, the memos from the Chinese government about cracking down on excesses by local leaders. Zhang was enjoying a dinner fit for a worker-oppressing capitalist when suddenly the working class showed up uninvited. Worse yet, they brought cameras. Zhang was soon on a table, shown here, begging the common folk to let him go and apologizing for his excesses.

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Morocco High Council Issues Fatwa To Kill Those Who Renounce Islam

stoningThe two most serious threats to religious critics remain blasphemy laws and apostasy laws in Muslim nations, which deny citizens the right to free speech and association on matters of religion. Apostasy is particularly lethal since Muslims in many countries follow what they believe to be the need to kill anyone who renounces Islam. Morocco’s Higher Council of Religious Scholars (CSO) has this week taken a step back in time with a fatwa demanding the death penalty for Muslims who renounce their faith. In the Hadith, Bukhari 52:260 quotes Mohammad as saying “If somebody [a Muslim] discards his religion, kill him.”

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Pay or Curse: Police Investigate “Threats” Against Chinese Immigrants

200px-Codex_Gigas_devilThere is an interesting crime being investigated in New York. Chinese immigrants are giving money to people who threaten that, if they do not pay, they will be cursed. The question is why this is a crime since the threat is based on superstition and cannot actually harm the individuals.

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Baucus To Leave Office . . . And A Troubling Ethical Legacy

250px-Max_S_BaucusMontana Sen. Max Baucus (D), 67, is retiring rather than face reelection in 2014. The decision will spare a campaign that would have reignited controversies over his use of his office to benefit his live-in girlfriend. We have previously discussed the controversy. In addition to giving Melodee Hanes, 53, generous raises as a staffer, Baucus pushed to have her selected as U.S. Attorney. What is most notable about this story is that it was not ethics that pushed Baucus from office despite the documented work for his girlfriend. He was allowed to continued unimpeded despite news accounts of his work for Hanes. His success in avoiding any serious repercussions in the scandal will no doubt emboldened his colleagues in the use of their office to benefit friends and family members. The two married in 2011.
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Bulldog’s Pen: Maryland Prison Was Run By Gang Leader Who Impregnated Four Guards

480x600Maryland correctional officials are scrambling to explain how a gang got effective control of one of their prisons after more than a dozen Maryland state prison guards were arrested for assisting the Black Guerrilla Family in drug-trafficking and money-laundering. Thirteen female corrections officers are accused of a wide range of unlawful practices involving drugs, sex, and expensive cars that left four corrections officers pregnant by one inmate. It was probably not to hard to spot. In addition to the four pregnancies, two of the guards had tattoos of the inmate’s first name, Tavon. That is the first name of suspected gang leader Tavon “Bulldog” White (left). One guard had “Tavon” on her neck and the other on a wrist.

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Police: Mother Of Alleged Bomber Has Outstanding Criminal Charges

article-0-19747785000005DC-827_634x361Zubeidat Tsarnaeva, the mother of Boston Marathon alleged bombers Tamerlan and Tzhokhar Tsarnaevso, appears to be wanted for theft in the United States — a charge that could make her interview with authorities more complex for any lawyer. She failed to appear on a theft charge in Massachusetts in October. The looming charges appear to be one of the reasons for her reluctance to return to the United States.

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From Big Gulp To Big Brother: Bloomberg Calls For Reduction of Constitutional Protections

bloombergMayor Michael Bloomberg appears to be moving beyond dictating what people can drink and eat in his city despite judicial rulings finding his policies in violation of the Constitution. Bloomberg joined the Pavlovian response of politicians this week in calling for a reduction in civil liberties in response to the Boston Marathon bombing. Bloomberg warned citizens that the Constitution will “have to change” to allow for greater security to stave off future attacks.

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