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Your Online Posts Coming Back To Haunt You

This week’s Bulletin bounces off of my good friend and IP legal genius, Ron Coleman’s blog, Likelihood of Confusion.  Apparently, Flickr (a private company) took down the below  mash up of President Obama as The (Heath Ledger) Joker with no legal inducement or requirement to do so.  (It does not appear that any cease and desist letter, DMCA complaint or as Ron put it,  even “a note tied to a brick”  was issued to Flickr.)  Ron thinks it’s a smart move on Flickr’s part to remove the Obama-Joker photo art and makes the point that Flickr should not take any potential unnecessary copyright hits from DC Comics,  Time. or the photographer, Platon,  who took the original photo.  While I value Ron’s often prescient views, there is a part of me screaming, “At least wait ’til they hit you before you fold!”.  Read the full article on Ron’s blog. I absolutely agree it’s not censorship (poor taste isn’t against the law, as far as I know) but it does make me wonder where we are going with online IP law.  Fear is not a good sign.

 

Obama-Joker-223x300

 

 

 

 

 

 

 

 

 

 

Looking  around for a similar legal issue, I instead found a unique (and somewhat related) lawsuit in my own backyard:

The Plaintiff: Jeffery Stambovsky

The Defendant: Helen V. Ackley

The Lawsuit: In 2007, Stambovsky purchased Ackley’s house in Nyack, New York, for $650,000. When he later discovered that the house was “haunted,” he sued Ackley for failing to disclose the presence of poltergeists.

The Verdict: Guilty. Unfortunately for her, Ackleyhad bragged to friends for years that the place was spooked. She was even interviewed by Readers Digest for an article (placed online) on haunted houses. The judge found that Ackley should have told Stambovsky everything about the house, noting that the existence of ghosts meant that she had actually broken the law by not leaving the house vacant.  This one roused my curioisity to the point of further investigation. Check WestLaw’s article on the case and decision.)

Repeatedly cited was the seller’s blogging and Reader’s Digest article on what she referred to as her “haunted” house.  (Tangentially related: did the judge really rule that, in effect,  the  presence of a “ghost” rendered the home inhabited???)

BNI Operatives: Street smart; Web savvy; Verdict confused.

We hope and trust you have all had the opportunity to take a break and vacation this summer.  It’s shortly back to the heavy grind.

As always, be safe.

TIP OF THE WEEK FOR OUR SUBSCRIBED READERS: There may be times when you need to legitimately record a phone call.  It may be a call than you can reasonably presume will go long and time out  your cell or landline phone’s capability and even that of a separate recording device.  Read your email Bulletin version for the solution.

History’s Top 10 Real-Life Spy Gadgets: From M15 to Germany to Moscow and The US

We seem to be in a Top Ten list mode lately.

From TIME Online:

Top 10 real-life spy gadgets

With the news that MI5 is looking for a Chief Scientific Adviser, spy novelist Jeremy Duns reveals his ten favourite real espionage inventions:

1. Poison-tipped umbrella

Probably the most infamous real-life spy gadget is the umbrella used by the Bulgarian secret services – with KGB help – to kill dissident writer and broadcaster Georgi Markov. KGB technicians converted the tip of an ordinary umbrella into a silenced gun that could fire a pellet containing a lethal dose of ricin. On September 7 1978, Markov felt himself being jabbed in the thigh as he walked across Waterloo Bridge. A man behind him apologised and stepped into a taxi. Markov died four days later. No arrests have ever been made.

Times Archive: Tiny platinum ball is link in attacks on Bulgarian defectors

2. Dart gun

BACKGROUND
  • M15 advertise for real-life Q… to work part-time
  • KGB’s ‘Agent Scott’ revealed as Arthur Wynn
  • Spycraft: Inside the CIA’s Top Secret Spy Lab by Robert Wallace and H Keith Melton
  • Heath ordered MI5 to watch school rebels

It wasn’t just Soviet bloc spies who used such techniques, though. In a 1975 US Senate hearing on intelligence, CIA director William Colby handed the committee’s chairman a gun developed by his researchers.

Equipped with a telescopic sight, it could accurately fire a tiny dart – tipped with shellfish toxin or cobra venom – up to 250 feet. Colby claimed that, as far as he knew, this and other weapons had never been used, but he couldn’t entirely rule out the possibility.

3. Compass buttons

During the war, the Special Operations Executive – ‘Churchill’s secret army’ – created a wealth of Q-like devices. One ingenious invention was magnetized trouser buttons, which were to be used for agent who became lost – if they were taken prisoner, for example. By cutting off the buttons and balancing them on each other, they turned into compasses.

Times Archive: Cloak and Swordsmen

4. Exploding briefcase

Another SOE invention was a briefcase designed to hold sensitive documents, but which would act as a booby trap for any enemy agent trying to open it the wrong way. If the right-hand lock was held down and simultaneously pushed to the right, the briefcase would click open safely; otherwise, the left-hand lock would ignite.

Churchill’s Wizards reviewed by Max Hastings

5. Exploding rats

If exploding briefcases weren’t enough, the SOE boffins created something even more outlandish to battle the Nazis – exploding rats. Developed in 1941, the devices used the skins of real rats, with fuses concealed inside. The idea was to use them to blow up German boilers, but they were quickly discovered and so never put into production.

SOE in the Land of the Eagle reviewed by Max Hastings

6. Cigarette-case gun

In 1954, Soviet agent Nicolai Khokhlov was sent to Frankfurt to assassinate an anti-Communist leader. But Khokhlov had a last-minute attack of nerves and instead defected to the Americans. The Americans wasted no time in showing the world press the would-be assassin’s equipment, which included a gold cigarette case that concealed an electrically operated gun capable of firing cyanide-tipped bullets. In Ian Fleming’s novel From Russia With Love, fearsome assassin Red Grant tells his masters at SMERSH that they gave Khokhlov’s job to the wrong man: “I wouldn’t have gone over to the Yanks.”

Times Archive: Surrender To Americans Of Russian Terrorist

7. Hollowed-out lighter

In 1960, MI5 broke up a ring of KGB spies, at the centre of which were two Americans, Morris and Lona Cohen. The Cohens lived in a bungalow in Ruislip under cover as antiquarian booksellers Peter and Helen Kroger. But when MI5 searched the bungalow, they discovered an astonishing array of spy paraphernalia, including a cigarette lighter made by Ronson (the same brand as favoured by James Bond), inside which was hidden several one-time cipher pads. These were printed on cellulose nitrate and impregnated with zinc oxide so they would be easy to burn, thus destroying the evidence. But the Cohens weren’t quick enough, and they served eight years in prison.

Times Archive: Little Suburban House was Communication Centre for Spy Ring (more here )

8. Wallet document camera

Most intelligence agencies want to recruit people with access to top-secret material, but once recruited they still have to photograph the documents you’re after. If the security is too tight to remove documents from the premises, one way of doing this is to smuggle in a camera. During the Cold War, the KGB developed several disguised cameras, including one that looked just like a small leather pocket wallet – the edge of it was rolled against a document to expose the film. In the Sixties, signals intelligence technician Douglas Britten was blackmailed by the KGB into using one of these to photograph material at RAF Digby. But Britten was in turn photographed by MI5 at the Soviet Consulate in London, and when confronted pleaded guilty to treason.

Times Archive: Airman ‘A traitor and for all money’

9. Microphone in an olive

Also in the Sixties, American private detective Hal Lipset became famous when he demonstrated an unusual bugging device at a Senate subcommittee on surveillance: a miniature microphone hidden inside a (fake) olive. Perfect for placement inside a vodka Martini, the toothpick acted as an antenna. The range was short – about thirty feet – but Lipset’s show convinced the Senate to toughen the laws on recording people without their consent.

10. Rock bug

These days bugs can act as cameras, ‘reading’ digital documents and communicating in other ways. But however hi-tech espionage becomes, it seems intelligence agencies still can’t resist gadgetry. In 2006, Russian television claimed it had footage of British embassy officials transmitting information via a receiver disguised as a rock in a Moscow street. The British government denied the claim.

Literally the sky’s the limi with the the nantechology we can incorporate into spy gadgetry.  I’m watching the hors d’oeuvres.

BNI Operatives: Street mart, Web savvy.

As always, stay safe.

TIP OF THE WEEK FOR OUR SUBSCRIBED READERS: Your eyes are telling you the signature is real; your instinct is telling you it’s a forgery.  We’ll explain several methods used by real forgers to produce that perfect forgery.

The Top Ten Sites On Everything

Sure, you can google what you’re looking for, but by now, we all know, or have a fairly good idea on how to make it to Google’s Page One via SEO (Search Engine Optimization) methods.  Or, you can spend several hours poking around on your own (right).

If the first option bores you and the mid August summer energy drain has rendered the latter daunting just in thought, visit our friends at Top Ten Sites.  They’ve tested, rated and posted the top ten websites in major categories for us, on everything from people finders to top blogs to sites featuring all free stuff. 

Warning: Only 2 weeks of summer vacation time left!

Apropos of nothing in this week’s Bulletin, the cartoon below, posted on Freehumans.org earlier this month, has left an indelible impression on my though processes; American politics vis-a-vis foreign elections.  (This cartoon, specific to the Iranian ones).

Iran election

 

 

 

 

 

 

 

 

 

 

 

 

 

BNI Operatives: Street smart; Web Savvy.

As always, stay safe.

How To Survive A Shark Attack And Other Summer Lifesavers

The drilled into the ground response on how to avoid a shark attack is obvious, don’t go into his office or courtroom. That aside, as the summer continues and many of us are still vacationing, we bring you a few simple techniques that may be helpful to your survival in very dangerous situations:

 1. Shark attack.  Fight back.  Use whatever object you may have, including a camera, a rock or your hands to gauge repeatedly into its eys or gills.  Sharks cannot bite anything vertical to it (as its teeth run in that direction) so avoid trying to dangle your legs or arms across its snout to pull its attention away. 

 2. Rip tides.  Our natural instinct to to fight an undertow (aka: rip tide) by swimming against it and trying to make it back to shore.  Do the opposite.  Swim parallel to the shore, you will fall onto the shallow end of the rip tide and then try to make it to the side of the shore.

rip currents

 

 

 

 

 

 

 

 

 

 

 3. How to get out of quicksand, alive.  Don’t sweat it too much, flailing about will certainly get you further entrenched or worse.  Excellent clip below by a trained expert of how to extricate yourself from quicksand; worth the watch.

 

4. Snake bites.  Presume the snake is venomous.  Remain calm; keep you heart rate as low s possible and get yourself to a hospital ASAP. Tourniquets do not work and can later cause for a limb to be amputated.  Apply a  restriction band (ACE bandage, torn shirt), approx. 2-4 inches above the bite, loose enough to allow one finger to pass underneath.  This allows for some blood to flow to the area but not cut off the blood supply complete.  Don’t worry about the type of snake that bit you or trying to kill it to bring it with you.   Anti-venom these days is polyvalent- that is, they are effective against multiple venom.

 

EMERGENCY NUMERS ARAOUND THE WORLD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be careful, be prepared and stay calm.

BNI Operatives: Street smart: web savvy.

As always, stay safe.

TIP OF THE WEEK FOR OUR SUBSCRIBED READERS: FREE WEBSITE GIVES AN IMMEDIATE OVERVIEW OF A SUBJECT: TO INCLUDE NAME, SOCIAL NETWORKS, PICS…

Had A Client Stolen Yet?

In a brilliant article by Eric Turkewitz, Esq. he describes the information now becoming available in public records of lawsuits; settled and active and the potential for lawsuits arising from this type of easily accessible private data. Our interest in the article is in the availability of the private information to client poachers. 

As society’s ability to “peek through the veil of privacy” continues to expand, armed with very basic knowledge, any astute person can do the following:

1. Gauge the standing of a lawsuit.   (Great for renegotiating child custody, alimony… )

2. Determine the monetary beneficiaries of lawsuit. (Perfect storm component for scammers.)

3. Steal clients from another firm. (Though the vast majority of lawyers are ethical; there’s always going to be one bad apple and that’s all it takes.)

In our research, through public documents, we’ve encountered sites that allow one to search for cases via defendant or plaintiff, case type, cause of action, and attorney.  Again, as our readers are aware, we don’t work for the general public so the information we result with is unlikely to cause any abuse of the process.  But suppose the researcher is any of the above? A jealous ex, a con artist or another firm eying one of your potential multi-million dollar cases?   In the case of the first two situations, all one can do as an attorney is to educate the client and or refer him/her to a qualified, ethical money manager.  The third situation, that of someone stealing one of your clients, well, it’s on you to watch your back.  A researcher in the third situation, client poaching, can easily find a deep pocketed defendant, the current status via motions of the case, gain an asset report on the plaintiff and encroach.

We have very basic suggestions: educate your clients on how the process works (so that they won’t believe a monetary resolution will be arrived at within 3 months), keep in contact with them often and note their behavior.  The big red flag to look for is distancing by the client.  If he/she  is in financial distress (as is very often the case; hence the lawsuit) and then becomes reticent to discuss the lack of funds situation and appears much less concerned about their future financial picture, it is time to dig deeper.   Quickly reopen the communication lines with your client and ask direct questions regarding their desire to remain with your firm rather than wait for a letter of substitution to hit your desk. 

TIP OF THE WEEK FOR SUBSCRIBED READERS:  HOW COMPETITION CAN STEAL A CLIENT IN 4 EASY STEPS. (After reading the four-pronged client theft plan, imagine how easy, through roundabout although directed advertising it would be for the competition to get their “message” out to your soon to be former client? Or place a nondescript ”steerer” in a place your client might frequent or pass by every day?)

BNI Operatives: Street smart: Web Savvy.

As always,

Stay safe.

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