Archive for the ‘Juris Prudence’ Category

15
Sep

Buyer Beware

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Sears gets mere wrist slap for allegedly spying on customers
Mitch Lipka
Sep 14th 2009 at 7:00PM Filed under: Shopping, Consumer Ally

Consumers were outraged when a settlement first reported on WalletPop in June was reached between Sears Holdings over an accusation by the Federal Trade Commission that the owner of Sears and Kmart was spying on the web use and online shopping habits of its customers. They won’t be a lot happier with the ending.

The feds just officially resolved the case after commissioners accepted the proposed settlement and the penalty for Sears’ alleged overzealous, privacy invading behavior wasn’t even a slap on the wrist. It was a gentle touch. The harshest part of whole situation was the FTC actually letting people know the situation even happened.

To join the “My SHC Community,” users downloaded software that ended up grabbing some members’ prescription information, emails, bank account data and purchases on other sites. Sears called the group that participated “small” and said the data captured by the program was at all times secure and was then destroyed.

The FTC filed a complaint against Sears, accusing the retailer of deceiving those who signed up for the service and downloaded the software.

“(Sears) failed to disclose adequately that the software application, when installed, would: monitor nearly all of the Internet behavior that occurs on consumers’ computers, including information exchanged between consumers and websites other than those owned, operated, or affiliated with respondent, information provided in secure sessions when interacting with third-party websites, shopping carts, and online accounts, and headers of web-based email; track certain non-Internet related activities taking place on those computers; and transmit nearly all of the monitored information (excluding selected categories of filtered information) to respondent’s remote computer servers,” the FTC concluded. http://ftc.gov/opa/2009/09/sears.shtm

10
Sep

Buried by Health Care

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I told my significant other it was time to get some life insurance. He was understandably confused, since our topic of conversation was health insurance and the cost of medical treatment. He has health insurance. I do not. Niether of us can afford to go to the doctor. A simple diagnosis can easily cost $4,000.00 after insurance. A heart attack will cost around $40k, if you have good insurance. I can’t afford health insurance or a doctor… I figure I’d better get some life insurance.

I am all for health care reform. I just don’t want it to be managed by the fed, thank you very much. Govt management of anything has a track record of miserable failure.  From parks and wildlife to social security, to public schools, to farming…. the folks on the hill have managed to obliterate potential. Welcome to the machine. Put your life right here in the hands of the machine. It does not compute, and it does not respect.

24
Jul

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Seven states – Tennessee, Idaho, North Dakota, South Dakota, Oklahoma, Alaska and Louisiana – have had both houses of their legislatures sovereignty resolutions. Alaska Gov. Palin and Tennessee Gov. Phil Bredesen are currently the only governors to have signed their states’ sovereignty resolutions.

The resolutions all address the Tenth Amendment that says: “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

“Now more than ever, state governments must exercise their Constitutional right to say no to the expansion of the federal government’s reckless deficit spending and abuse of power,” Sen. Baker said. “With this resolution, our Legislature can send a message to Washington that our state’s rights must be respected.”

The full text of Florida’s memorial is available on http://www.tenthamendmentcenter.com/2009/07/16/florida-senate-to-consider-state-sovereignty/.

Rhythm

Designers and artists have a whole box full of tools. Rhythm is one of the least considered, most used. Elements are arranged in such a way as to establish a pattern. The pattern may be designed to control eye movement, or to trigger emotional response, or simply because the artist or designer had a specific tune stuck in their head. (Hey, it happens!) In fact, music and visual art share many basic design factors! The flow of piece lies in the rhythm.

Examples:

Movement: Both of the samples below share a similar rhythm, both use the rhythm to establish movement. Yet, obviously, the theme and content of these works is very different. (You may recall proximity and color relationship from previous entry?)

    

 

 

 

 

 

 

When you look at the piece below, make a note of where your eye wants to go… what is the first thing you see in the piece? Is there a point where your eye wants to “rest”?

It is human nature to seek out rhythm and patterns. Our brain quite naturally wants to play, “which of these things is not like the others?” at any age. The first step in that game is to associate things which are similar. Thus, the human eye bounces across similar things, in search of anything that doesn’t “belong”.

 Perspective provides the illusion of depth on a flat plane. We are provided with a very distinct idea of a large, outdoor area. The arrangement of panels recedes a good distance. We are made to feel as though we could walk through the piece. Utilizing repitition, the viewer is quite literally “told” what to expect next, and “snagged” when that pattern is disrupted. 

 

Yes, your perception is unique… just like everybody else’s. Yet, in nearly every moment of our daily lives, the mood and the scene is set by an artist or designer, with a specific objective in mind. Consider the arrangement of desks in an office, the color of the walls in the super market (can you recall EVER having seen the walls inside a super market?), or the “austere” or “stoic” appearance of government and judicial buildings. The purpose is to recognize the influences these things have. Why is the area around the customer service desk painted such a cool blue, yet 10 ft away is a display of childrens toys in primary colors? Perhaps so Mom is calm and the kid will be distracted? Subtle or blatant, the effects are everywhere. Those who are not prepared to recognize it, not “literate”, are not making informed choices.

13
Dec

Discoveries

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The Chive 

Awesome site, with lots of really twisted stuff to explore. They can show you how to go viral in 2.4 nano seconds, too.

 

 

 

 

 

User Beware

So much internet, so many scams… I feel compelled to offer a warning. You don’t have to be a fool to be fooled. No matter how slick or smart you may be, there’s a scammer waiting with a bridge that has your name on it. Okay, so maybe it’s not a bridge. It might be friendship, a charity, or anything else you desire. For every desire (and who of us does not have any?) there is a scam and a scammer on the internet. There is a real danger of harm. Not only to your wallet, but to career, family, and more.  I will cite examples, for the benefit of those who may not be aware. Anyone who knows it all can just skip this part.

1. Laugh now, but Bill Gates will not send you a check for forwarding that email. Likely as not, there’s a string, a worm, or spyware attached. DON’T forward the chain mail emails, people… PLEASE! And, you MUST know that I will not, no matter how cute it is, or how heart rending the message, or what my religious conviction may be. If I want to support our troops, and I do, I have many alternatives besides forwarding spyware.

2. WHO is behind that screen name? It almost certainly is NOT who you think it is. If you want to develop a relationship with someone you met online, you should be prepared to be surprised. I have personally been making the most of the internet since about 1984 or so. Many of the people I have met online, the vast majority in fact, are utter frauds. I have met many of these people in person, as well, in groups at coffee houses, pizza parlors, and private parties. Hundreds of them, over the years. I can count on one hand the number of people who were exactly as they presented themselves to be online, including myself. Now, I like a surprise. I like odd balls, too. I am quite sure, however, that many of the people I have met were dangerous under other circumstances. Don’t invest more of yourself mentally, emotionally, or in any other way… than you can afford to lose. Let common sense prevail, or take your lumps and pray they leave you with stumps. This is NOT the place for kids to make friends under any circumstances. I would like to personally hammer anyone who lets thier kid get involved in social networking online. Better to dangle them, bloodied, in shark infested waters. The odds of them emerging unscathed are certainly better.

3. IF YOU DON’T ACT LIKE VICTIM, YOU WON’T BE ONE. What does a victim act like? Well, they ignore the warning signs. Victims give more, ask less, and typically are motivated by “need.” You are likely to ignore the fact that the site doesnt have a valid security certificate if you just found the expensive gadget your husband or child needed for 50% off. You will ignore the fact the tell tale clues that your friend may not be the nice guy or gal they claim to be if you are very lonely. The internet is not a cure for loneliness, and it’s a poor substitute for a life. Someone looking for a “victim” has an eye for what you need or desire most in life. The predator will be interested in you, often ingratiating or flattering, always opportunistic and looking for ways to elicit your trust. If it seems too good to be true, it probably is.

There are so many horror stories… we don’t need any more.

EDWARD KIENHOLZ   Gads, I love this artist!

 

        

Exquisite craftsmanship, mixed medium installations, provocative, thoughtful… awesome!