Draft NSTIC Request
The White House and Department of Homeland Security have recently released a public draft of the National Strategy for Trusted Identity in Cyberspace (NSTIC). The NSTIC outlines an ambitious identity management strategy for the United States, but public discussion has been extremely limited. The NSTIC is a very significant policy document which may have an impact on internet commerce, online speech, identity management, identity trust frameworks, and online anonymity. We, the undersigned, are concerned that the current public comment period is insufficient for a policy document of this magnitude and request an extension of the public comment period in order to pursue public dialog.
A policy of this magnitude should be given at least a 90 day public comment period. However, public discussion has been limited and the discussion period is almost over. Therefore, we request that the public comment period be extended for at least 30 days to facilitate more robust public discussion. We also request that subsequent public comment periods on this topic extend for at least 90 days.
We are concerned that the NSTIC is silent on an implementation timeline and other significant details currently missing from the draft. We request clarification on the agency’s proposed timeline and process. We also request an opportunity to convene an in-person discussion with an appropriate White House or DHS official to discuss this important matter and engage in further public discussion.
We look forward to supporting your efforts to engage a robust public discussion on the NSTIC.
Oral and Written Testimony of Aaron Titus Before the Senate Committee on Homeland Security and Governmental Affairs on May 5, 2010
Posted by Titus in Law and Politics on May 25, 2010
Aaron Titus
Privacy Director, Liberty Coalition
Attorney, J.C. Neu & Associates
before the
Senate Committee on Homeland Security and Governmental Affairs
May 5, 2010
Click here for Aaron Titus’ Written Testimony on S1317 and S2820 [DOC]
Chairman Lieberman, Ranking Member Collins and Members of the Committee. Thank you for allowing me to be here.
My name is Aaron Titus. I am the Privacy Director for the Liberty Coalition and an attorney at the law firm, J.C. Neu and Associates. The Liberty Coalition works with more than 80 partner organizations from across the political spectrum to preserve the Bill of Rights, personal autonomy and individual privacy. The Liberty Coalition works with, but does not speak on behalf of our partners.
I am aware that many in this audience have been personally affected by gun violence. Managing guns and other weapons is a matter of public concern. Regardless of one’s position on gun safety and gun control, the Supreme Court has unambiguously ruled that the Right to Keep and Bear Arms is an individual, Constitutionally enumerated right. The Second Amendment is not absolute, and the government may regulate the Right to Keep and Bear Arms in a number of ways.
But Senate Bill 1317 goes too far. The bill should be titled, “The Gun Owners Are Probably All Terrorists Act,” because it strips citizens of their Constitutional Right to Keep and Bear Arms without any meaningful due process. And Senate Bill 2820 should be called, “The National Firearm Registry Act” because it creates a national firearms registry, so let’s call it what it is.
National Firearms Registry
If you want to make a National Firearms Registry, then go through the front door, call it what it is, and have a meaningful public discussion.
Senate Bill 2820 creates a massive database of names and detailed personal information of each law-abiding citizen who purchases a gun.
The bill disingenuously purports to target terrorists, but in fact only one ten-thousandth of one percent of these records will belong to people on watch lists. Every year, only 200 new watch-list records will be created. But the system will generate more than 14 million new records on law-abiding citizens. Once collected, there’s no limit on what the information may be used for, and no legal requirement to ever delete it.
At the very least, we should call this bill what it is: A National Gun Registry Act.
Senate Bill 1317
Reading Senate Bill 1317, one would think that convicted terrorists are allowed to own guns. That is simply not true. Convicted terrorists cannot own guns.
Not only that, but today’s discussion totally misses the point. This committee shouldn’t spend time debating whether to take away Terrorists’ guns, bombs, cell phones, or other instruments of terror. If a person is a dangerous terrorist, then he should be thrown in jail. The only things a real, convicted terrorist should own are an orange jumpsuit and a pair of leg chains.
Assuming, for a moment, that everyone on a watch list is a terrorist as this bill suggests, then I propose that this committee start throwing every single one of those hundreds of thousands of people in jail, starting today.
But you and I know that the Constitution won’t let you do that. And if you can’t throw citizens in jail for being on a watch list, you can’t revoke their Second Amendment rights, either.
How Senate Bill 1317 Works
Right now, a citizen who is denied a firearms purchase has the right to know exactly why, and appeal. Senate Bill 1317 changes that. If a citizen’s name is on a watch list, the Attorney General doesn’t have to tell him why he was denied, if he thinks that tipping off the citizen might compromise national security.
If a citizen is able to appeal the decision in court, things only get harder and more confusing. Neither the citizen nor his attorney can see the evidence against him; they can only see summaries or redacted versions. Not even the judge may consider the unredacted evidence.
A citizen will lose his appeal if the Attorney General can prove, by a preponderance of the evidence, not that the individual poses a risk, or that the person is a terrorist, or even that the person is under investigation; rather, the Attorney General must only demonstrate that the citizen has been placed on a watch list.
Once that has been proven, the appeal is over and the citizen loses his Second Amendment Right to Keep and Bear Arms. The citizen will not have a chance to introduce evidence of innocence, abuse of Executive discretion or mount any other meaningful defense.
You know, I have heard of this type of judicial system applied to non-citizens (“enemy combatants” in Guantanamo Bay), but never to citizens of the United States, especially on a matter of Constitutional importance. Times may have changed, Mr. Chairman, but fortunately the Constitution has not.
Terror Watch Lists
Criminal and terrorist investigations must be kept confidential. But Senate Bill 1317 misunderstands that “investigation” is not “guilt.” Suspicion is not a Conviction. And the law has a technical word for people who have not been convicted of a crime: It’s called “innocent.”
Terror watch lists have no meaningful element of due process, and are therefore fundamentally different from other lists scanned by the National Instant Criminal Background Check System.
Terror watch lists, by their nature, are designed to be over-broad. A name on a terror watch list is evidence of government interest in a person, not proof of terrorism. The bald allegation of a suspicion of terrorist inclinations is insufficient evidence to overcome an individual’s Right to Keep and Bear Arms.
Mr. Chairman, suspicion is not a conviction.
Summary
Senate Bill 1317 takes away a citizen’s right to face his accusers. This bill takes away a citizen’s right to appeal. This bill takes away a citizen’s right to due process. And if you can’t throw them in jail because they’re on a watch list, then you can’t revoke their Second Amendment rights, either. Mr. Chairman, this bill is unconstitutional.
I urge this committee to reject Senate Bills 1317 and 2820. I am happy to respond to questions.
Letter to VA Board of Bar Examiners
Posted by Titus in Uncategorized on March 23, 2010
I mailed the following letter to the Virginia Board of Bar Examiners on March 22, 2010, after receiving a letter with all of my sensitive information printed on a single sheet of paper.
Robert E. Glenn, President
Virginia Board of Bar Examiners
c/o Julie O’Kelly
2201 W. Broad Street, Suite 101
Richmond, VA 23220
Mr. Glenn:
I recently took the Virginia Bar Exam. I received a letter dated January 27, 2010 which contained instructions for the February exam. To my horror, I saw that the letter contained my full name, date of birth, social security number, school, MPRE score, results of my Character and Fitness Questionnaire, address, and email address on the form. This single piece of paper contains enough information for someone to impersonate me and commit identity theft. I count myself lucky that someone else didn’t check my mailbox the day this letter arrived.
I was sure that such an oversight was an isolated error, so I called the Board of Bar Examiners’ office to find out how a mistake like this could happen, to ask for a copy of the board’s privacy policy, and asked who changed my authorization to put my identity at such substantial risk.
I was informed that the mailing of my sensitive personal information in a single letter was deliberate, the Board has no privacy policy, and that the Board authorized this reckless use of my personal information, against my wishes and authorization.
This letter is to object to some of the Board’s more dangerous privacy practices as I currently understand them, and request additional information.
Please send a copy of the Board’s privacy policy. If one does not exist, please send the following information:
- How long will the Board keep my personal information on file, and for what purposes?
- Does the Board store my personal information on encrypted hard drives?
- On how many computers does the Board store copies of my personal information, and where do the hard drives go when the computers are retired or replaced?
- With what entities does the Board share my personal information, and under what conditions?
- What security measures, if any, does the Board use to detect intrusion or improper use by employees?
I understand that the Board needs to verify personal information with examinees. However, even minor common-sense steps would substantially increase security. These may include:
- Sending separate mailings, each of which lacks a full set of personal information.
- Omit digits of the social security number.
- Write and disseminate a Privacy Policy, and update your organization’s privacy practices.
I hope that the Board takes these matters seriously, and updates its privacy policies and practices immediately. The Board of Bar Examiners has violated my trust, and I fear that the Board will continue to put me at risk of identity theft and other harms.
I look forward to answers on these most pressing issues. I also stand ready to assist in your effort to improve your privacy practices.
Sincerely,
Aaron Titus
How to Avoid a Legal 500 Error with your Privacy Policy
Note: A version of this article originally appeared on the Security Catalyst Blog
Avoid a Legal 500 Error. Debug your privacy policy.
Legal Programming
By Aaron Titus
I’m an awesome programmer. The only thing keeping me from Python, PHP, or Ruby coding awesomeness is knowledge… and skill… and training… and, um practice. OK, I may not be a Ruby all-star, but I could be if I wanted to. Likewise, you can do anything for yourself that an attorney can do for you, including writing legal documents. Lawyers just happen to have knowledge, skill, and training. And if I wanted an iPhone app, I’d talk to a programmer. If I wanted legal documents, I’d talk to a lawyer.
In fact, lawyers are programmers. Writing legal documents—like privacy policies—is just like writing code.
The Three Elements of Action
Posted by Titus in Uncategorized on February 12, 2010
Guide to healthy eating
Blueberries and raspberries in cartons
There’s no doubt that what we eat influences our physical and mental wellness and can impact academic success. Learning some nutrition basics can help you have more energy and stay healthy. Even busy students can incorporate these simple strategies. Check these phenq reviews.
Eat a variety of healthy foods each day
canadas food guideBuilding a balanced plate is easy when you follow the Food Guide proportions. Fill half your plate with vegetables and fruit – any kind, the greater the variety the better! Fresh, frozen or canned are all good choices. Add ¼ plate of whole grains, like 100% whole grain bread, oats, barley, brown rice, whole grain pasta or quinoa. Fill the remaining quarter with a protein-rich food like beans, lentils, chickpeas, edamame, nuts and seeds, lean meat, poultry, fish, shellfish, eggs, lower fat milk, yogurt, kefir, cheese or soy milk. Choosing protein that comes from plants more often is good for health, better for the planet and usually costs less money. The healthiest fats and oils also come from plants, like olive, canola or avocado oils and peanut butter. Use small amounts to add flavor and nutrients to meals. Visit firstpost.com/.
Choose fewer highly processed foods
processed foodsEat more foods that contain fewer ingredients and especially less salt, sugar and saturated fat. Highly processed foods, like sugary baked goods and cereals, sweetened drinks, candy, fast food burgers, French fries and pizza, and meats like hot dogs, bacon, and chicken nuggets, boxed macaroni and cheese and instant noodles contain few nutrients. Relying on these foods too often can affect your health. Enjoy all foods but balance less nutritious meals or snacks with healthy choices more often. Reading food labels can help you compare and choose products so you can make an informed choice when buying packaged foods. Check the best exipure reviews.
Did you know?
100g gummy bears (about 35), contain 18 teaspoons of sugar.
How much should you eat?
The amount of food you need depends on many factors including age, body size, gender and activity level. Pay attention to feelings of fullness to help you know when you’ve had enough to eat and give your body time to digest your meal before you take seconds. Canada’s Food Guide can help you learn more about the amount and types of foods you need. Read more about prodentim.
How often should you eat?
Eating regularly keeps your blood sugar stable and improves your focus and energy level. Even if you can’t always eat at the same time, try to include 3 meals every day. When there is more than 4 or 5 hours between meals, plan for an energy-boosting snack. Evenings can be an especially tempting time to mindlessly eat sugary, salty or high fat treats like chips, candy or cookies. If you’re hungry or feel an energy slump, take a study break and eat a healthy snack. Choose foods that help to fuel your brain, like vegetables and hummus, an apple with peanut butter or sunflower seeds or Greek yogurt and fruit. Save the treats for a movie night or an evening with friends instead of relying on them as regular study snacks.
Make time for breakfast
According to studies, students who eat breakfast have better concentration and less fatigue and consume more nutrients and fibre. Breakfast replenishes your body’s energy after an overnight fast. While it’s tempting to hit the snooze button, making time to eat is well worth it. Many make-at-home options only take a few minutes, like an egg on a whole grain English Muffin or bagel, yogurt with frozen berries and granola, or a whole grain cereal with milk and fruit.
Easy Overnight Oats
1/3 to 1/2 cup (75 to 125 mL) uncooked oats
1/3 to 1/2 cup (75 to 125 mL) yogurt
1/3 to 1/2 cup (75 to 125 mL) any type of milk
1 tsp to 2 tsp (5 to 10 mL) chia seeds (optional)
A little honey or maple syrup if needed
Mix ingredients and refrigerate overnight or up to 3 days. Add ins: fresh, dried or frozen fruit, nuts or seeds, nut butter, coconut, cinnamon, vanilla, etc.
What you drink counts, too
Drink water as your main beverage, aiming for at least 9 cups or 2 litres daily. Fancy coffees and cappuccinos, pop, sweetened teas, energy drinks and even fruit juice can overload your diet with sugar and extra calories. If you drink coffee, limit yourself to no more that 2 per day.
How sweet it is. . .
591 mL bottle of cola = 260 calories/18 tsp sugar
Medium iced capp = 360 calories/ 12 tsp sugar
Large “double-double” = 264 calories/8 tsp sugar
What about supplements?
Vitamin and mineral supplements don’t provide the benefits you get from eating a variety of real foods. Taking a daily multi-vitamin is safe but avoid other supplements without first checking with a registered dietitian or your healthcare provider. Vitamin D is hard to get from food alone; adults living in Canada may consider taking a supplement that contains 600 IU of Vitamin D during the fall, winter and spring. Women who could become or who are pregnant need a daily multivitamin containing folic acid. Don’t used “detox teas” as there is no scientific evidence they are helpful and in fact can be dangerous. View “natural” or herbal preparations with caution; their effects on health often need further research.
6 Things Every CEO Should Know About Privacy Policies
Note: This post originally appeared on The Security Catalyst Blog
Writing a privacy policy is a careful balance: Being realistic about what you can perform, protecting and instilling confidence in your customers, facilitating business growth and adaptation, complying with law, and above all, being honest.
Your privacy policy and security practices are the subject of federal, state and international laws, as well as FTC regulation. The FTC regulates unfair and deceptive consumer practices, and has a history of privacy policy enforcement actions. In fact, it is currently hosting a series of “Privacy Roundtable” discussions, focusing on behavioral advertising, social networking, mobile marketing, data aggregation and correlation, data brokering, cloud computing, and other now-common practices.
With increasing scrutiny on privacy policies and practices, here are six things every CEO should know about their company’s privacy policy.
Be Honest
Your mamma was right: Honesty is the best (privacy) policy. Be up front about what you do (or may do in the future) with your customer’s personal information. Many privacy policies make one of three “honesty” mistakes: 1. Over-Promising, 2. Under-Promising, 3. Omission. Each carries liability, so it is better to avoid any of the three.
Don’t over-promise. Your company may be held responsible for the representations in your privacy policy. Look out for phrases like “state-of-the-art,” “everything in our power,” or “our highest priority.” If your company really does use “state-of-the-art” technology to protect privacy, good for you. But you probably don’t, so be honest about it. While you may think that such phrases are just feel-good fluff, the FTC has brought actions against companies who fail to provide the state-of-the-art consumer protections they promised, even though they used otherwise reasonable practices.
Don’t under-promise. FTC guidelines and many state laws require that your company takes reasonable and appropriate measures on a case-by-case basis. It may be tempting to try and disclaim all duties to protect your customers, especially if you’ve had a breach. But this approach has pitfalls. First, it is impossible to disclaim all duties to your customers’ privacy. Second, you may scare away potential customers, or invite scrutiny (as Facebook well knows). Third, FTC actions have indicated that businesses cannot take a “wait-and-see” approach to consumer privacy. Instead, companies have a duty to act reasonably and detect problems before they cause loss, particularly if the they have made privacy promises to their employees or customers.
Tell the whole truth. Another temptation is to remain conveniently silent on a privacy issue you’d rather not talk about. This is also a risky strategy, because state laws (such as California, Texas, and soon-to-be Massachusetts, to name a few) impose specific disclosure requirements. Whether or not required by law, failure to disclose important privacy practices can spark FTC enforcement action as a deceptive consumer practice.
Be Complete & Conspicuous
Aside from potential FTC action, California law requires any company which holds personal information about a Californian to identify the types of information it collects about customers, explain how the consumer may change or update the personal information, and identify an effective date. The law also imposes an affirmative duty to disclose whether information will be disclosed to third parties for marketing purposes. California law also requires that a link to your company’s privacy policy be conspicuous. Most of the time, a link from the home page or in the footer will be sufficient.
A privacy policy is legally compliant when it addresses all of the various legal and regulatory requirements, but it is only complete when it addresses the full range of your unique business practices. For some organizations, that may be broader than you think. For example, a typical University engages in educational, financial, healthcare, network provider, non-profit, and goods and services activities on behalf of their students. That’s why there can be no such thing as a “boilerplate” privacy policy.
Privacy Policy Must Reflect (Changing) Practices
Like Ying and Yang, privacy Policy and Practice are complementary and inseparable. One consistent pattern of FTC actions is that updated information security practices are necessary to protect consumers’ privacy. As FTC guidelines indicate, “Good security is an ongoing process of assessing risks and vulnerabilities… Your business practices and privacy policy must be consistently updated to reflect current best practices and available technology.”
Get it Right the First Time
Even though your privacy policy must adapt to changing business needs, privacy policies cannot be retroactively modified. This issue is important in the following scenario: Suppose that your company decides it wants to sell customer personal information to marketers, but your privacy policy states that personal information “will not be shared with third parties without [customers’] explicit consent.” Changing the policy to allow you to sell personal information may apply prospectively, but new policy provisions will not apply to existing customers, without their consent. This can even apply to a transfer of personal information in a bankruptcy proceeding.
That’s why it’s important to get it right the first time. Your company’s privacy policy must allow you enough wiggle-room to adapt to future conditions, be complete, and still protect your customers. If you need to materially change your policy, make sure that you have the infrastructure to determine which version of your policy applies to which customer. It matters.
If You Say it, Do it
We’re all familiar with the Miranda phrase, “anything you say can and will be used against you …” by the FTC. If you make a representation in your privacy or security policy, you’d better be able to live up to it. FTC enforcement actions demonstrate that website owners must adhere to any statements of privacy or security, whether the statement is made online or offline.
Each representation about privacy or security is treated as a “privacy promise.” Feel-good marketing fluff does not belong in a privacy policy, because even “fluff” can create duties or liability, even if the duty is not required by law. Explicit security-related promises (such as a promise to use “state-of-the-art technology”) requires that the company take affirmative and ongoing steps to ensure that sufficient security is provided.
For example, in 2004 Gateway Learning Corp found itself the target of an FTC Deceptive Practice enforcement action for renting its customer list to marketers, even though their privacy policy said they wouldn’t. In recent years the FTC has taken similar action against Eli Lilly & Co., Microsoft, Guess, Inc., Tower Records, and Petco.com to name a few.
If your privacy policy says it, then do it.
It’s Your Business
As a soon-to-be attorney, I can say that you should have a lawyer review your privacy policy. Lawyers help the privacy policy comply with legal and regulatory requirements, but it’s your responsibility to make sure that the policy is complete. In fact, I would go so far as to say that 30% of a privacy policy is compliance, and the other 70% is completeness.
If those numbers are any indication, they mean that your privacy policy should have 70% of its input from the Customer Service Department, the Accounting Department, Sales, Marketing, and perhaps even R&D. Without their feedback it will be impossible to document your important privacy practices and create a complete privacy policy. Privacy policies are not legalese and magic words. They are a blueprint of vital business processes. There is one sure way to get in trouble: Relegate your privacy policy to the legal department, and fail to get cross-departmental participation in its drafting. Banishing your privacy policy just to the lawyers may get you in trouble because the end result may be compliant, but incomplete And ironically, an incomplete privacy policy is a non-compliant policy.
Take Charge
As a CEO, COO, or Managing Director, you should do three things:
- First, read your privacy and security policy. If it confuses you, it will confuse your customers. If it confuses your customers, it might be interpreted as deceptive by the FTC.
- Second, make sure you can live up to your privacy policy. Watch out for buzzwords like “state-of-the-art,” “everything within our power,” “always,” and “never.” Make sure that you haven’t painted yourself, your customers, or your employees into a corner.
- Third, update your privacy policy to reflect your business practices, or update your business practices to match your policy. Being honest and complete about your business practices is tough work, but will pay dividends long-term.
Privacy Commons for Government
Posted by Titus in Social Media, Technology on January 20, 2010
Note: This article originally appeared on the The Security Catalyst Blog
“Unconferences” (hat tip to identitywoman) are great opportunities to network, gather and share information. They attract bleeding-edge leaders on emerging problems and technologies. My most recent unconference was Congress Camp 2009, organized by the Open Forum Foundation. The gathering focused (broadly) on social networking tools and Web 2.0 for government. It was well attended by advocates who want to reach Congress, and over-worked hill staffers who use IE6 and must cope with information overload. We also got a preview of GovLuv.org. If you have an interest in social networking and government, I highly recommend looking at some of the blog articles.
Here’s my report: Don’t hold your breath for Congress to go Social-Web crazy in the immediate future.
I hosted a discussion on developing a Privacy Commons framework for government. In short, Privacy Commons will be a series of Privacy Policy Frameworks: A list of required, optional, and prohibited subject matter for privacy policies. Each framework will be tailored to particular industries (i.e., medical, financial, goods and services, social media, government, etc.). Adoption of a Privacy Commons Framework will require that your Privacy Policy address all subject matter in the framework, and make certain high-level disclosures in the form of iconography (i.e., a “$” symbol to indicate that you sell personal information to third parties).
I already knew that a government Privacy Commons policy would have to include disclosures about how personal information may be transmitted to other federal agencies, for example. But I was surprised to hear from staffers that Congressional privacy policies should also disclose how personal anecdotes may be used. Many constituents e-mail their elected representatives with poignant personal stories that often support draft legislation. Staffers must decide whether they can or should use the stories in a press release, on the House or Senate floor, or whether they can use the story and change the names.
A government Privacy Commons framework will also need to address the different rules that elected officials and their campaigns must follow. Elected officials must follow strict rules governing sharing personal and contact information. In contrast, campaigns (which may run full-time, even after an official is elected) can do almost anything with personal information. The distinction between “Congressman Jones” and “Congressman Jones’ Campaign” may be lost on the average constituent; but the effects on privacy might be substantial.
As I make the transition to full-time attorney (after I pass the bar… wish me luck), I’ll be able to continue developing Privacy Commons. In fact, at Congress Camp I hooked up with the ECitizen Foundation, which might help host Privacy Commons working groups. Stay tuned.
FTC Says Bloggers Must Disclose Freebies
Posted by Titus in Law and Politics, Technology on January 18, 2010
Note: This article originally appeared on the The Security Catalyst Blog
The FTC recently announced new guidelines requiring bloggers to disclose when they get freebies in exchange for reviews. Adopted by a vote of 4-0, this is the first update of the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising in 29 years. The rules go into effect on December 1, 2009.
The FTC press release emphasizes that under the new rules, “both advertisers and endorsers may be liable for… failure to disclose material connections between [them].” Material connections include payments or free products, which must be disclosed in a “clear and conspicuous” manner. Both bloggers and advertisers may face FTC sanctions without proper disclosure, even if the advertiser contracts with an ad agency.
Here’s the bottom line: Bloggers– Clearly disclose whether you received payment or a free product when giving endorsements. Advertisers– Make sure social media marketing plans require your ad agencies and paid bloggers to disclose whether an endorsement is paid.
But bloggers shouldn’t worry too much. Simply saying something good about a product is not enough to break the new rules. Instead, there must be a “material connection” between the advertiser and endorser. This is generally understood to mean that the advertiser 1. provides consideration (ie, payment or free product), 2. in exchange for an endorsement. When this happens, the editorial independence of the endorser becomes questionable, and the relationship between the advertiser and blogger must be disclosed.
Simply blogging about a free sample will not break the FTC rules. For example, blogging positively about a free product you received from a coupon or free store sample is OK because the article is completely independent and outside the control of the advertiser. In contrast, that same blogger who receives a free product in exchange for a product review must clearly state that he or she has been compensated for their opinion.
The FTC has indicated that they plan to enforce the provisions primarily against advertisers, rather than bloggers. This creates interesting challenges for advertisers, many of whom are already reeling from social media overload. Purely consumer-generated reviews will not create liability for advertisers. However, if the advertiser initiated the process that led to consumer endorsements (for example, by providing free products to bloggers or enrolling word-of-mouth marketing programs), then the advertiser might be liable for whatever those consumers say.
In addition, simply using an ad agency doesn’t break the chain of liability. Unless advertisers are careful, they may incur liability if their advertising agency gives a free product to a blogger, who then fails to disclose the gift. Advertisers should remember that paid bloggers can now incur liability on advertisers, and in this sense, they should treat paid bloggers just like any other employee or company agent.
Tips for Advertisers:
- Tell Your Bloggers: Always require bloggers to include standard language such as “PAID ADVERTISEMENT,” “PAID PRODUCT REVIEW,” or similar conspicuous and unambiguous language in their posts whenever you send them free products.
- Watch Your Bloggers: Advertisers will be liable for misleading statements from paid bloggers. However, you may mitigate liability if you “advise [paid bloggers] of their responsibilities and… monitor their online behavior.”
- Tell Your Advertising Agency: In your advertising agency contract, require them to insist that bloggers disclose gifts.
- Ask for Indemnity: Require indemnity from your advertising agency, should they fail to notify the blogger, and treat paid bloggers like employees for liability purposes.
Tips for Advertising Agencies (especially Social Media):
- Market Your Knowledge: Advertisers will appreciate that you know about this new regulation. Let advertisers know that your knowledge puts you in a position to decrease their liability.
- Tell Your Bloggers: See above.
- Watch Your Bloggers: See above.
Tips for Bloggers:
- Be Clear: If you got paid, or if you got a free product, disclose it up front. There are no magic words. You may use plain English to describe your relationship with the advertiser in your article. If you would rather opt for the legalese-disclaimer approach, try something catchy like “I shamelessly took a free widget from Acme Co. in exchange for this review,” or “I have sold my soul and this review to Acme Co. And all I got in exchange was a free widget.” The good standby, “Paid Product Review,” should work fine (if you have no personality).
- Be Conspicuous: If you choose to take the legalese-disclaimer approach, your disclosure should be somewhere readers can easily see it, such as the top of the page, or before the first sentence of the article. While all-caps or bold words may not be necessary in every circumstance, they may aid in making the text stand out.
- Don’t Worry Too Much: First, ethical bloggers already disclose their connections with advertisers. Second, you won’t incur liability unless you are actually acting on behalf of a company when you write a product review. As a truly independent blogger, you can still write anything you want about any product you want (within the limits of the law). Now you just have to disclose whether you got paid for your opinion.
It will be interesting to see how Twitter advertisers react to this new regulation. Perhaps a shorthand for “Paid Product Review” will develop in the Twittersphere, much like “RT” for Retweet. May I be the first to suggest, “PPR,” “Paid,” or my favorite, “:-$”
Note: The author received no free products or services from the FTC (or anyone else, for that matter) in exchange for this blog article.
Is Your Tascam US-144 mkII Noisy? Just Sit on it.
The TASCAM US-144 mkII's Phantom Power gets very noisy when the temperature drops below 65
To track down the source, I started by changing out the AC power for battery power, switching USB cords, switching mic cords, switching microphones, switching interfaces, turning on and off the wireless network, unplugging my wireless router, changing rooms, and even moving to a location several miles away. None of these things had any consistent effect on the whine. After a lot of trial and error, I have narrowed the problem down to two three variables: Temperature, Phantom Power and the MIC/LINE-GUITAR select switch.
The whine appears with the phantom power on, while the interface is cold (ie, less than about 65 degrees Fahrenheit). It gets worse when the MIC/LINE-GUITAR select switch is set to “Guitar.” Setting the MIC/LINE-GUITAR select switch to “Guitar” makes it act as an unbalanced input jack, which probably explains the noise. But turning on the phantom power while the interface is cold produces a lot of noise.
The solution: Sit on the interface to warm it up. My home “studio” is in a very cold room with two exterior walls, and it’s the middle of winter. So in order to warm up the interface—no joke—I actually put it under my thigh for a good 10-15 minutes. I didn’t read that helpful work-around in the manual. I thought about using an electric blanket, but I was afraid that might cause some induction damage.
The Test
I conducted a test to demonstrate the whine, which I have included here. For the test I had the following setup: I plugged an Audio-Technica AT 2020 condenser mic into the MIC IN L XLR balanced jack. I also plugged a crappy old dynamic mic into the LINE IN R/GUITAR IN jack TRS 1/4″ jack. For the “Cold” test, I left the interface in a box in my car for 30 minutes, where the outside temperature is around 25° Fahrenheit. For the “Warm” test, I basically sat on the interface for about 15 minutes until the interface housing was noticeably warmer than room temperature.
I then recorded a systematic test of the phantom power, left and right input levels, and the MIC/LINE-GUITAR select switch in 10-second intervals. I included the results in a table below, with each numbered setting corresponding to a period of time on the non-normalized .mp3 file. You can skip around to compare the different settings if you’d like. Please ignore the ambient noise of the HVAC system, as well as the lousy line quality for my crappy dynamic mic.
| Setting | Time on Tape | Phantom Power | INPUT L Levels (AT 2020) |
INPUT R Levels (Crappy Dynamic) |
LINE/MIC- GUITAR Select Switch |
Whine |
| 1 | 0:00-0:10 | OFF | Line (Low) | Line (Low) | Line/Mic | None |
| 2 | 0:10-0:20 | Mic (High) | Line/Mic | None | ||
| 3 | 0:20-0:30 | Line | Guitar | None | ||
| 4 | 0:30-0:40 | Mic | Guitar | None | ||
| 5 | 0:40-0:50 | Mic (High) | Line | Line/Mic | Scratch | |
| 6 | 0:50-1:00 | Mic | Line/Mic | Scratch | ||
| 7 | 1:00-1:10 | Line | Guitar | Scratch | ||
| 8 | 1:10-1:20 | Mic | Guitar | Scratch | ||
| 9 | 1:20-1:30 | ON | Line | Line | Line/Mic | Whine-Low |
| 10 | 1:30-1:40 | Mic | Line/Mic | Whine-Med | ||
| 11 | 1:40-1:50 | Line | Guitar | Whine-Med | ||
| 12 | 1:50-2:00 | Mic | Guitar | Whine-Scream | ||
| 13 | 2:00-2:10 | Mic | Line | Line/Mic | Whine-Loud | |
| 14 | 2:10-2:20 | Mic | Line/Mic | Whine-Loud | ||
| 15 | 2:20-2:30 | Line | Guitar | Whine-Loud | ||
| 16 | 2:30-2:40 | Mic | Guitar | Whine-Scream | ||
| Setting | Time on Tape | Phantom Power | INPUT L Levels (AT 2020) |
INPUT R Levels (Crappy Dynamic) |
LINE/MIC- GUITAR Select Switch |
Whine |
| 1 | 2:40-2:50 | OFF | Line (Low) | Line (Low) | Line/Mic | None |
| 2 | 2:50-3:00 | Mic (High) | Line/Mic | None | ||
| 3 | 3:00-3:10 | Line | Guitar | None | ||
| 4 | 3:10-3:20 | Mic | Guitar | Scratch | ||
| 5 | 3:20-3:30 | Mic (High) | Line | Line/Mic | Scratch | |
| 6 | 3:30-3:40 | Mic | Line/Mic | Scratch | ||
| 7 | 3:40-3:50 | Line | Guitar | Scratch | ||
| 8 | 3:50-4:00 | Mic | Guitar | Scratch | ||
| 9 | 4:00-4:10 | ON | Line | Line | Line/Mic | None |
| 10 | 4:10-4:20 | Mic | Line/Mic | None | ||
| 11 | 4:20-4:30 | Line | Guitar | None | ||
| 12 | 4:30-4:40 | Mic | Guitar | Whine-Loud | ||
| 13 | 4:40-4:50 | Mic | Line | Line/Mic | None | |
| 14 | 4:50-5:00 | Mic | Line/Mic | None | ||
| 15 | 5:00-5:10 | Line | Guitar | None | ||
| 16 | 5:10-5:20 | Mic | Guitar | Whine-Loud | ||
My home studio is in the basement near an outside wall, so it’s usually around 65°. Every morning the whine reappears until I physically warm the unit to around 75°+.
At lower temps, the phantom power whines and bleeds over into the 1/4″ inputs, which surprises me because most electronics are happier when they’re cold. I’d chalk it up to a defective unit, except that I purchased two 144 mkII’s, and both units display the same behavior. Regardless, I’m not looking forward to the hassle of returning or exchanging the interface. It’s going to put me back several weeks.
I wonder if anyone else has experienced these same problems. The helpful guys at Sweetwater didn’t seem to have bumped into the problem before.
[Update Jan 14, 2010]
I have decided to return the mkII’s to Sweetwater in favor of another brand, perhaps an M-Audio. I haven’t decided. At first I was content to swap them out for non-defective mkIIs, but apparently TASCAM has temporarily stopped shipping the US-144 mkII. More precisely, they are taking orders without providing a firm ETA. This is apparently quite unusual, and in the estimation of the guy I talked to it likely indicates that they are doing some re-tooling.
I decided that I’m probably better off not being the guinea pig for the “fixed” version (if, in fact they are re-tooling). And even if they’re not re-tooling, I don’t want to wait indefinitely for TASCAM to fill the order.
I am so glad that I purchased from Sweetwater instead of Guitar Center. Sweetwater has much better support. Let me correct that: Sweetwater offers any type of support.
[Update Jan 25, 2010]
I decided to go with a Lexicon Omega instead. So far (in some preliminary recordings) I haven’t had any noise problems, thought the levels are significantly lower than the Tascam 144 mkII. I’ll just have to do more post-normalization. I hope the noise levels stay tolerable.
Highlights From the FTC’s Privacy Roundtable Part 3
Posted by Titus in Law and Politics, Privacy on December 15, 2009
Note: This article originally appeared on the J.C. Neu & Associates Blog
This is part 3 of highlights from the FTC’s December 7th Privacy Roundtable. Part 1 covered the panel on "Exploring Existing Regulatory Frameworks," and Part 2 covered the panel on "Benefits and Risks of Collecting, Using, and Retaining Consumer Data" This post highlights comments from "Consumer Expectations and Disclosures" and "Information Brokers."
Disclaimer: I took notes using my Twitter account. About halfway through the "Benefits and Risks" panel, Twitter decided that I was a spammer, and shut down my account. I was mad, and it meant that I did not cover the whole session.
Benefits and Risks of Collecting, Using, and Retaining Consumer Data
- Lorrie Faith Cranor,Associate Professor of Computer Science, Carnegie Mellon University commented on consumers’ state of ignorance regarding how information flows, much like an unseen underground river. "Most people do not understand how information flows," or "what a third-party cookie is."
- Alan Westin Professor Emeritus of Public Law and Government, Columbia University referenced several of his studies which indicated that "…people are not prepared to equate [the need for] behavioral marketing with [funding] free services, and that "most people believe that they’re being abused," but there was general consensuses that most people surveyed also believed that they were protected by law and regulations that do not actually exist. In the meantime, Mr. Westin’s research also indicates that most people are no longer willing to trade privacy for freebies on the internet, because of the disconnect between "free" services and the fact that personal information pays for most of it.
- Alan Davidson, Director of U.S. Public Policy and Government Affairs for Google emphasized that the industry is trying to educate consumers and give them the tools they need in order to control their privacy, as evidenced by Google’s dashboard, for instance. He suggested that the audience Bing "Google Dashboard" for more information.
- Jules Polonetsky Co?Chair and Director of the Future of Privacy Forum made reference to the results of several large surveys conducted by his organization. For instance, one indicated that there is a substantial public misconception about what "Behavioral Advertising" is. Among the handful of survey respondents who had heard the term, all of them mistook "Behavioral Advertising" for the concept of subliminal advertising. His organization is also attempting to generate symbols explaining how personal information is used, an approach endorsed by Privacy Commons and other groups.
- My apologies to Joel Kelsey, Policy Analyst for the Consumers Union, and Adam Thierer, President of University of Pennsylvania, Annenberg School for Communication. Each of these individuals actively participated, but unfortunately I was unable to capture their thoughts because I was under a temporary Twitter ban at the time.
Information Brokers
Short editorial: This session was by far the least enlightening.
- Jennifer Barrett, Global Privacy and Public Policy Officer for Acxiom started off the panel by discussing what constituted "sensitive personal information." She replied that Acxiom classifies "sensitive information" is any information which could contribute to identity theft, whereas "restricted information" is an unlisted phone number, for example.
- Rick Erwin, President of Experian Marketing Services explained that they consider information on children, older Americans, and self-reported ailment data to be "sensitive," adding that Experian has "three decades of experience using sensitive information for marketing," and is able to adequately balance the interests of marketers and consumers. Mr. Erwin also discounted the harms of marketing, saying "we can’t point to deep consumer harm based on bad advertising."
- Pam Dixon, Executive Director of the World Privacy Forum disagreed. She contended that the definition of "sensitive information" is difficult at best because otherwise benign information can be aggregated to create sensitive information. In regards to health information, getting consent from consumers is almost illusory because consumers have no way of knowing how the information will be used in the future. Informed consent is impossible without telling consumers what "boxes" they will be put in. Consumers need the right to know on what lists they will appear, for how long, and they must have the right to revoke their consent. Pam Dixon contended that "we need to make Opt Out work for consumers," and that opting out should always be free.
- In response, Jennifer Barrett insisted that the Information Broker industry needs no further regulation: "We’re already very regulated," she said.
- Jim Adler, Chief Privacy Officer and General Manager of Systems for Intelius explained that they offer special opt-out services to government officials.
- Chris Jay Hoofnagle, Lecturer in Residence at the University of California Berkeley School of Law was scheduled to participate but was unable due to technical difficulties.
The FTC has posted the webcast if you missed it. The next Roundtable is scheduled for January 28, 2010 in Berkeley, CA and will also be broadcast online.