technoLAWgical

Welcome to technoLAWgical... A Blog About Technology and the Law written by Megan Costello, Esq: A Cyberlaw Attorney & Geek.

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IST Alumni Spotlight: Costello bridges gap between technology, policy | Penn State University

Megan Costello, Esq. Featured as College of IST’s Alumni Spotlight for February, 2015.

As some of you already know, I’m a proud Penn State alumna. I graduated with my degree in Information Sciences and Technology (IST)  and minors in Security and Risk Analysis (SRA) & English in 2008 (it’s hard to believe how time flies!).

This tech/security background ultimately formed the bedrock on which my solo practice, technoLAWgical®, stands. Penn State, quite honestly, was one of the best experiences in my academic career. The IST/SRA program is something I wholeheartedly recommend to anyone that wants to combine technology with group work and management skills. Even if you don’t go on to law school, its a fantastic jumping point for anyone looking to be a project manager, or someone in the next wave of cybersecurity professionals.

I’m so excited to share with all of you today that my Alma Mater nominated me to be featured in their IST Alumni Spotlight for the month of February. The interview process was a delight, and I got the full “star treatment” with a photographer on site. I really would like to thank everyone for their time and for inviting me to be part of such a prestigious group of spotlighted individuals!

I encourage all of you to drop by the Alumni Spotlight page to learn more about me, my time at Penn State, and of course my technoLAWgical® law practice & legal services.

For the full link, click the link above!

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“There’s no Such Thing as a Free Cookie”: Data, Dollars, and our Diminishing Privacy.

photo adapted from 'Untitled' by Bruce Szalwinski which is licensed under the Creative Commons

How much is your data really worth to you? Would give your data away willingly to someone else if you knew it had value? What if you could trade it for something tangible…like for a cookie?

Please Enable Cookies

In the fall of 2014, an artist named Risa Puno came up with a unique experiment to find out what price she needed to pay to gain access to strangers’ personal information. Her project named “Please Enable Cookies” (a play on words for the cookies websites use to track our habits and personal settings online) set up shop at various art events and asked visitors how willing they’d be to share detailed information about their lives. Her currency? Cookies.

 …and what adorable cookies they were! (photovia RisaPuno)

The set-up was simple; Puno baked a variety of different gourmet cookies that were assigned a “point” value. Visitors were given a large submission form that prompted them for various bits of personal information. The form asked for anything from e-mail addresses (2 points), to questions commonly found as “Lost Your Password” checks (Mothers Maiden Name,First Teacher, Childhood best friend: all 1 point each), to fingerprints (5points for a whole set). Participants curious about where their data was going could flip over the submission form to reveal the fine print. And yes, it was VERY fine print.

Participants were asked to provide as much information as they wanted. Once they were finished, a representative of the art installation tallied up the points, and allowed them to “purchase” cookies with the information they willingly gave to Puno.

How successful was the exhibit? During her setup at DUMBO, Brooklyn, Puno had 380 participants exchange their data for her cookies. The art installation was wildly popular and sparked a wildfire of national press.

 The Reality: There’s No Such Thing as A Free Cookie

While we don’t often get to trade our data for deliciously decadent cookies, we do exchange it for other things like “free” accounts with various online services. Like the old saying goes: “there’s no such thing as a free lunch.” Today, there’s no such thing as a free gourmet cookie or a free Facebook account. There are strings attached. Your data is currency.

A snippet of the "Please Enable Cookies" form (via Risa Puno. Click here to read the whole thing)  

Your data is a big deal. The things you do online all tell a story about who you are, from the things you buy, to the sites you visit, to your searches and your likes and dislikes. These factors all have a price to advertisers, and—whether you realize it or not—there are many websites that track you and sell these to other networks of businesses.

How is this accomplished? Through a web of Privacy Policies and other online contracts that you agreed to.

The Data’s In the Details

It is customary (and is slowly becoming a legal requirement in some states) for websites to list the ways in which they collect and use visitor data. The rules and regulations associated with data collection are called Privacy Policies and they should outline exactly how the website uses its visitors’ data. If it isn’t complicated enough, Privacy Policies have the tendency to change with or without notice. It is usually our responsibility to check back often to make sure we still wish to have the website collect data from us.

Sometimes, it’s all too easy to scroll through the fine print, click “I Agree” and move on. Likewise, sometimes privacy isn’t as much of a priority when the convenience of a new technology seems so promising. But, protecting your privacy should be a priority. Although you may not mind if advertisers track and sell your data, what if it fell into the wrong hands?

What Can I Do To Protect My Privacy?

Protecting your privacy starts with you. It can be as easy as determining whether you’d like to sign up for a website by reading its Terms and Conditions and Privacy Policies. As dry or as boring as the reading may be, it’s important for all of us to be aware of where our data is going.

For those of us who don’t want to spend their days keeping up with Terms of Service or Privacy Policy changes, fortunately, there are websites that do the work for us. The Electronic Frontier Foundation (EFF), in conjunction with a few other companies, has a great website called TOSBack that keeps tabs on some of the internet’s largest websites and their Terms and Conditions and Privacy Policies. The team that maintains the site checks these website policies daily and marks any changes that take place in order to inform site users exactly what’s going on.

Meet TOSBack: A helpful tool for keeping track of TOSs and Privacy Policies  

As lighthearted as Please Enable Cookies may be, Puno’s exhibit should be a real eye-opener to the way we voluntarily allow others to use our data. Make sure you keep an eye on those privacy policies and remember: if something is advertised as “Free” keep in mind that you may be giving away more than you bargained for!

For a closer look at Puno’s exhibits (including Please Enable Cookies), be sure to visit her website!

[technolawgical]

Happy Holidays and Best Wishes for a Happy and Healthy New Year! :)

-Meg

[technolawgical]

Happy Thanksgiving!!

photo adapted from “Happy Thanksgiving everyone!" by Satya Murthy which is licensed under a Creative Commons Attribution 2.0 Generic License 

Happy Thanksgiving, everyone! No matter how you spend the holiday, I hope you find some time to relax and enjoy the day. This year, I'm thankful to be celebrating yet another Thanksgiving with all of you! Thanks again for all of your support during technoLAWgical's first year in business! :)

For a little light reading: lets flash back to last year's Thanksgiving post about two identity thieves who were arrested after posting a photo of their food on Instagram. It's a fun story that will remind you not only to watch what you eat...but to watch what you post online! 

Click here and read on:  TBT: “HAVE YOUR STEAK AND TWEET IT TOO” HOW TWO IDENTITY THIEVES GOT ARRESTED USING INSTAGRAM

Happy Thanksgiving!

-Meg

[technolawgical]

Throwback Thursday: technoLAWgical Turns 1!

It’s hard to believe it, but 1 year ago, I ventured out into the unchartered waters of becoming a solo practitioner and technoLAWgical was born. I was scared to make the jump at first, but I’m so happy that I did. This year has been one of the warmest and most incredible times of growth for myself and for my business.  I want to personally thank all of you from the bottom of my heart for making this first year at technoLAWgical such a memorable one.

photo adapted from “Birthday Cake" by Theresa Thompson which is licensed under a Creative Commons Attribution 2.0 Generic License 

This Thursday, let’s throwback to all of the amazing highlights I’ve encountered over the first year in the life of technoLAWgical.

Over the past year:

I started my technoLAWgical® solo law practice, where I continue to serve startups & entrepreneurs in many aspects of technology and intellectual property law.

I wrote about some incredibly geeky legal concepts on my firm’s blog, including:

Breaking Bad & Trademarks

The Legend of Zelda & Domain Disputes

The Star Wars Kid & Cyberbullying

A whole week of tech law themed-Valentines Day posts; and even

The month-long (and often times hilarious) LAWctober series.

I was a contributing author & editor of two nationally-published legal texts. 

I was a featured speaker for some of the most cutting-edge CLE programs in the nation; and

I taught online for not one but TWO incredible universities over the course of the past year where I was able to spread my knowledge of cyberlaw and cybersecurity to the next generation of lawyers and technologists.

With all of these accomplishments from last year, I have big shoes to fill in year two!

Thank you, readers, for not only embracing the “geeky side” of the law, but for also joining in and following me throughout this incredible year.  While being a solo practitioner isn’t always the easiest, I feel so fortunate to know that I have so many faithful readers, followers, students and clients who make me so happy to work in a profession that I absolutely love. 

As I blow out the first candle for technoLAWgical this year, I can only wish that next year will be just as rewarding and amazing as this first one has been. I’m looking forward to serving you all in the years to come! Thanks again for all of your support!

--Meg

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Megan Costello, technoLAWgical Founder, to Speak at National "Customizing Google Tools to Enhance Your Law Practice" CLE Webinar on 11/13!

Attention fellow attorneys! Are you interested in using cutting-edge tools to manage your law practice? Did you know that Google has many solutions that could be a good match for your solo or small practice?

I’m happy to announce that the National Business Institute has invited me back to be a featured speaker on a national webconference panel this week on Thursday, 11/13. This time, I’ll be speaking on how to customize Google tools to manage and advertise your law practice.

Here are a few details about my upcoming webcast:

WHAT is It?

“Customizing Google Tools to Enhance Your Law Practice” is a national webcast CLE that introduces you to the many ways Google’s “freemium” services can be used to manage your law practice. It’s a 7-hour course jammed packed with helpful tips and hints for practitioners interested in trying a new technology to manage a law practice.

WHO is Hosting It?

The National Business Institute (NBI)— a company that provides CLE training, seminars, etc online and in-person.

WHEN is it?

This Week! You can catch us this Thursday, November 13th on a national webcast! The broadcast starts at 10:00am ET and runs until 5:00PM ET.

WHERE Can I Watch the Webinar?

You can watch this in the comfort of your own office. We’ll be streaming this online!

WHY Would I Want to Sign Up?

If you’re interested in implementing new technology (or just want to know a little more about Google and its various tools), this seminar is for you. Our day-long event covers everything from perfecting your search on Google, to using Google tools (Docs, Gmail, G+) to run and advertise your business, to the ethics of using some of these tools. Overall, it’s a very interesting event!

HOW many CLE credits can I earn & HOW can I sign up?

***This seminar has been approved in most states for CLE credit***

Be sure to reference the website below to learn about the specific credits per-state and how to sign up:

http://www.nbi-sems.com/Details.aspx/R-67533ER

Thanks, guys! Hope you check it out! Likewise, to learn more about the work that I do at technoLAWgical, be sure to read some of my previous posts on this blog or to drop by my own solo practice's website for more information on technoLAWgical® legal services! :)

--Meg

**Please note that I’m not sponsored in any way by Google…I’ve just been using their tools for years and I was asked to share my experiences at this conference! I hope that this lends a lot of insight to the types of tools that are out there and how you might be able to implement them in your own practice.

[technolawgical]

T®ick or T®eat! T®icky T®ademarks and THC

photo adapted from “Chocolate Candies in Pumpkin Pail" by TheCulinaryGeek which is licensed under a Creative Commons Attribution 2.0 Generic License 

As a kid, I always looked forward to Halloween; it was the one day during the year where I got to dress up as my favorite characters and get BAGS of candy. Every year, my family would parade for hours around the surrounding neighborhoods where I grew up. And, of course, every year upon returning home, my mother would sort through every piece of our bounty with a fine-toothed comb to make sure that not a single candy was tampered with or loose. In those days: the reason was to watch for the “razor blades in the candy apples,” and to make sure that our treats weren’t poisoned. My mom also admits-- now that my sister and I are fully grown—that it also gave her a good vantage point to sneak a few peanut butter cups in the process (Can’t say I blame her.) 

This year, I came across a Halloween headline that really intrigued me. In Colorado, the Denver police warn that parents have other unusual things to watch out for in their kids’ candy bags this year. Children may come across some marijuana-laced candies this year that are indistinguishable from other unwrapped candies of the same kind. These reports seem to be in the wake of the recent statewide legalization of recreational marijuana, with the first retail stores opening their doors earlier this year. It is such a concern for the state, in fact, that the Denver police even released a video PSA showing parents how quickly treats can be tainted with special oils made from marijuana. 

Strangely enough, at the same time, a famous PA chocolate company just settled a case with a very similar undertone: a knockoff candy company was creating pot-laced confections and trying to sell them with similar names and pictures on wrappers to very iconic chocolate. With trick or treaters set to roam the streets once again tonight, I thought this was a very interesting current-events topic to share!

Hershey’s Chocolate vs TinctureBelle: Trademarks and THC

Hershey’s Chocolate is an internationally acclaimed chocolate company founded by Milton Hershey in Pennsylvania in the late 1800’s. As a Pennsylvanian, I can tell you that Hershey’s is (and continues to be) one of the most popular candy makers in the state year-round. I’m sure that much the same can be said across the nation. From Reese’s Peanut Butter Cups, to York Peppermint Patties, to the iconic Hershey Bar itself—you’re bound to see Hershey’s candy in every store where candy is sold. Not only that, but anything Hershey is an instant Halloween hit.  

In as early as January 2014, Hershey’s started hearing reports that a company named TinctureBelle was producing, packaging, and selling marijuana or THC-laced candies that had packaging resembling the iconic Hershey’s brand chocolates. In some recreational marijuana stores in Colorado, you could find candy bars by TinctureBelle bearing the names “GANJA JOY”, “HASHEATH,” “DABBY PATTY,” and “HASHEES.” As clever as these candy names may have been, Hershey’s recognized very early the problems that it could cause for its business. Not only were these candies free-riding off of the famous trademarks that had been used by Hershey’s for decades, but they were also a huge liability risk. With kids as a large demographic for sales, Hershey’s feared that Colorado children could be confused by the cannabis confections and consume them, thinking they were created by the famous candy company.

Here are a few examples from the original Hershey’s complaint to show how similar the candy packaging looked (all were found in the original complaint filed by Hershey):

  The pictures above were provided as examples by Hershey's in its complaint, filed on 6/3/2014 against TinctureBelle

Earlier this year, Hershey’s sued TinctureBelle on various federal and state counts, including trademark infringement, unfair competition, trademark dilution and even under Colorado consumer protection laws.  

Hershey’s and TinctureBelle reached a settlement this fall. TinctureBelle, among other things, was stopped from creating any additional products bearing the same or similar names (while simultaneously recalling and destroying any existing product). In addition to stopping the production of the candy outright, the company was stopped from making false or disparaging statements about Hersheys, and was required to give facts and figures surrounding previous sales.

So, this Halloween, just like every Halloween—if you have trick-or-treaters, be sure that you examine all your candy closely. Be on the lookout for tampered-with treats and even wrappers that have similar marks and packaging to famous name brand candies, but that look suspicious. You can never be too careful!

Thanks for a Great #LAWctober! :D

Happy Halloween everyone! After a month full of spooktacular content, we finally made it to week 5: Halloween! I hope that however you decide to spend the holiday that it’s a fun one this year. Likewise, I hope that these #LAWctober posts gave you a few interesting stories to share with friends. Stay tuned to technoLAWgical all year round for more exciting legal posts!

[technolawgical]

Haunted as a Matter of Law: Victorian House (With Ghost) Returned to Owner after Secret Spirits Surface

It’s a typical frightening formula for a horror story: A family purchases an old stately mansion inspired by its elegance (and, surprisingly cheap price!). Unbeknownst to the family, the house is haunted. After a bone chilling first night in the house, the family INSTANTLY regrets their decision.

Did you ever wonder if the family could legally give the house back to the original owner?

In New York, there was an actual case that explored this question. One homeowner sued to break his contract to buy a home when he found out that the seller was concealing one important fact: that the house was haunted.

In the early 90's, Jeffrey Stambovsky purchased a beautiful riverfront Victorian house in a small village of New York far away from the hustle and bustle of New York City (where Stambovsky was a resident). Everything seemed to be fine with the property…until neighbors started asking him if he knew the house was haunted. Something, to Jeffrey, wasn’t right.

Upon further research, Jeffrey learned some very unsettling facts about the house he was preparing to purchase. For one, the house wasn’t just “possessed by poltergeists, reportedly seen by [the seller] and members of her family on numerous occasions over the [course of] nine years,” it was actually nationally known for its supernatural squatters. In the 1970’s & 1980’s, the house made national and local news articles. By 1989, the house was featured in a historical walking tour, advertised as “a riverfront Victorian (with ghost).” At the time, the original owner was very open with the details of her haunted house. When she went to sell it to Stambovsky, however, the owner hid this peculiar feature of the home. Stambovsky was not pleased with this omission, and sued the seller to cancel his contract to purchase the house.

According to the court: New York follows a doctrine of caveat emptor (latin for: "let the buyer beware").** The court went on to explain that the law does not normally require a homeowner in New York to disclose any information regarding real estate. Instead, the court claims, it is up to the buyer in these real estate transactions to survey the property himself to determine whether “the fitness and value of his purchase” meets his expectations. The court went on to explain that this rule holds unless there is “some conduct on the part of the seller which constitutes an ‘active concealment’” For example, a seller can’t hide the fact that his land (which he purports to be farmland) is actually a place where industrial waste has been stored.

In this case, the court needed to think about how far the state caveat emptor rule stretched. Was it really an ‘active concealment’ on the part of the seller when the thing kept secret was a pesky poltergeist? According to the opinion, the answer was yes. The court stopped the seller from denying the existence of ghosts on her property (the house was declared "haunted as a matter of law"). Because this haunting "greatly impaired both the value of the property and its potential for resale," Stambovsky was allowed to break his contract.

The court also reasoned that allowing sellers to hide the fact that their house is haunted could create an extremely detrimental situation to the purchaser. In the strictest sense, it could necessitate a potential purchaser’s hiring of a psychic along with the sea of other inspectors scouring the property. That, the court ruled, was not something it was willing to enforce.

So, readers: it seems that (at least in New York), disclosing a haunted house is something important to the deal. But…disclosing that a house is haunted couldn’t be that bad, could it? Take for example a “slightly haunted” house put on the market not too long ago that made international press.

What do you think? Would you refuse to buy a house if you found out at the last minute it was haunted?

Stay tuned for the last spooky installment of #LAWctober next Friday (HALLOWEEN!) Until then, check out some of my past articles and follow @technolawgical today!

Jealousy. Murder. Siri?— http://goo.gl/ziGl00

The Devil Made Me Sue It!— http://goo.gl/1eMMI7

Ewe have to be kidding me!-- http://goo.gl/5VqgTr

**of course, I am not a New York lawyer, nor do I claim to be. I'm simply stating the story using the information provided in Stambovsky v. Ackley, a case decided in 1991. For up to date information about laws in your state, please reach out to a lawyer in your jurisdiction who can help you!

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Ewe have to be kidding me: Bo Peep and Burning "Sheep" Sue Johnson and Johnson for Product Liability

photo adapted from “Mary's Lamb” by Playingwithbrushes which is licensed under a Creative Commons Attribution 2.0 Generic License

What would Halloween (or a Halloween-themed blog series) be without costumes? I have friends who, to this day, take the entire year to come up with some of the most impressive and painstakingly detailed getups I’ve ever seen. I, for one, was never an active crafter, so my options were (sadly) always store-bought.

My crafty costuming connoisseurs out there will appreciate a story about one Halloween costume project that went horribly, horribly wrong. One so wrong, in fact, that it ended with a products liability lawsuit.

Our story takes us back to the early 1980’s. Frank and Sue Ferlito, a husband and wife, dressed up as the famous fairytale duo: Little Bo Peep and her sheep*. For the sheep costume, Mrs. Ferlito put her DIY skills to work using long underwear, Elmer’s Glue, and cotton batting (manufactured by Johnson and Johnson) to make the costume. According to the opinion, Mr. Ferlito was head-to-toe in the cotton batting:

At the party, Mr. Ferlito was ‘itching’ for a cigarette.  He and his wife left the party, and in a few clicks of a butane lighter, the flame accidentally caught the cotton batting on Mr. Ferlito’s sleeve. In seconds, the lamb costume was on fire. By the time they could put the costume out, Mr. Ferlito suffered burns that covered almost one-third of his body. According to the appeal, Mr. Ferlito underwent several surgeries to correct the damage from the fire. 

After such a horrific happenstance, Bo Peep and her Sheep decided to sue Johnson and Johnson for products liability. Their claim? That Johnson and Johnson failed to warn them on the packaging that the cotton batting was as flammable as they discovered at the Halloween party. (Yes, really.)

In the original case, a jury awarded the Ferlitos $620,000 ($550,000 for Mr. Ferlito, and $70,000 for Mrs. Ferlito, respectively). Shortly after, a new trial was ordered, and the district court set aside the large sum. On appeal, the Sixth Circuit was still not convinced, and the case was extinguished. The couple could not prove that a flammability warning on the package for the cotton batting would have changed their actions on that fateful night. Unfortunately for the couple, with products liability, this was a critical component of winning the case. 

According to the opinion, “[Mr. Ferlito] knew that cotton batting burned but emphasized that he did not know ‘how it burned’. His wife, who made the costume, also knew that cotton could burn, “[b]ut not burn that fast.” Additionally, Mr. Ferlito admitted that he ignored warning labels on his cigarettes, and was distracted by others in Halloween costumes outside when he went to light his cigarette.

In the end, the court didn’t decide whether a warning label was needed on the cotton batting and saved that question for another day. In this instance, the risk was obvious by the characteristics of the product.

So, creative costume crafters: be careful this Halloween!

Stay tuned for more exciting #LAWctober posts every Friday during the month of October! If you’re just joining us now, check out my earlier posts below:

-       Jealousy. Murder. Siri?-- http://goo.gl/ziGl00

-       The Devil Made Me Sue It!-- http://goo.gl/1eMMI7

*There is actually conflicting information in the original opinion and the appeal. The original opinion reports that the couple was “Mary and her little lamb,” on appeal…”Little Bo Peep and her Sheep.” Take your pick.  

[technolawgical]

The Devil Made Me Sue It! PA Man Sues Devil in Real Civil Rights Case

Often times, we go through rough patches in our lives. Our whole world as we know it turns upside-down, and we feel like we aren’t in control. In most instances, we blame ourselves, our family, our job, or some other outlying factor. One Pennsylvania man blamed Satan…and he actually tried to sue him!

In 1971, an extremely distraught man named Gerald Mayo  brought a real legal claim against “Satan and His Staff” claiming that “Satan has on numerous occasions caused [Mayo] misery and unwarranted threats against [his] will,” and “that Satan has placed deliberate obstacles in his path and has caused [Mayo’s] downfall.” Additionally, Mayo attempted to raise a civil rights claim, because the “acts of Satan has deprived him of his constitutional rights.” Mayo attempted to file this complaint “in forma pauperis” which, translated from legalese, simply meant that he could not afford the court fees, but wished to proceed with the case anyway.

In its short (but somewhat humorous) reply, the PA court told Mayo he couldn’t sue the devil. First, the Court said it had serious doubts that Mayo’s claims could be ones that the court could help. Next, the court said that there was no known address of the Devil, except for one case in New Hampshire (making a slight nod to the short story “the Devil and Daniel Webster,” which was a fictional story about a man who sold his soul to the devil and who hired a famous attorney to break his contract)

picture adapted from "Daniel Webster and the Devil argue in court," a picture in the public domain and via Wikimedia Commons

Finally, the court mused that many people may have same or similar claims against the Devil, and that a class action (or the ability for everyone to sue at the same time for the same reasons) might be more appropriate in this case. Of course, if you want to read what the court said in its entirety, you can read the full document here.

So the next time the devil made you do it, don’t expect to point a legal finger at Satan…at least not in Pennsylvania, anyway!

Enjoying my Halloween posts so far? Stay tuned for more #LAWctober content every Friday this October! Follow technolawgical for updates!

[technolawgical]

"I Need to Hide My Roomate"... Jealousy. Murder. Siri?

photo adapted from “Abstract Acrylic Icon - Smartphone” by Nicolas Raymond which is licensed under a Creative Commons Attribution 3.0 Unported License

iPhone users can attest: we’ve all been there. We get bored and ask ridiculous questions to our “personal virtual assistant,” Siri. While, for the most part, Siri can be useful for checking the weather or sending a text, Siri is also amazing for answering some very random commands in some entertaining and tongue-in-cheek ways. One such command used to be “I need you to help me hide a body.” That was, until a recent murder case surfaced this past summer involving Siri as an unlikely accomplice.

Yes, you read that right: Murder.

In 2012, a young University of Florida student named Pedro Bravo was accused of murdering his friend, Christian Aguilar. The two men were reportedly at odds with each other because Aguilar was friends with Bravo’s ex-girlfriend. Their friendship turned sour, and soon Aguilar was reported missing. According to the news reports, prosecutors said that Bravo killed Aguilar by poisoning and strangulation and then left the body in a shallow grave an hour away from the university. The motive behind all of this was over jealousy surrounding Bravo’s ex girlfriend.

While a murder story is chilling and tragic in any capacity, there is an interesting technological twist. When Bravo’s phone was confiscated and searched for evidence, a peculiar screenshot showed up on Bravo’s phone that was dated at or around the time that Aguilar went missing.

Screenshot of the evidence file used during Bravo's trial displaying the "I need to hide my roommate" command on Siri.

The search was “I need to hide my roommate,” and Siri’s snarky reply was: “What kind of place are you looking for? Swamps…Reservoirs…Metal Foundries…Dumps…Mines…” In addition to this Siri search, it was reported that Bravo’s phone flashlight was used nine times during the day the incident allegedly took place, and that GPS information from the phone subsequently disproved his alibi.

In more recent articles, there is a lot of debate surrounding whether the exchange between Bravo and Siri actually directly occurred. While there is no question that the screenshot was on the phone at or around the time that Aguilar went missing, Bravo’s phone (an iPhone 4) did not have Siri capabilities (this feature did not become a native element of the iPhone family until the 4s). Likewise, the screenshot depicted a phone using the AT&T Network. Bravo’s phone was from Verizon. Prosecutors soon realized that this was part of Facebook cache data of a Siri screenshot instead of an actual system prompt.

You can see the actual testimony here regarding the phone screenshot here: 

YouTube video of the testimony via the Innovation News Center.

As of August, Bravo was charged with first degree murder of Aguilar and was sentenced to life in prison  And as for Siri? Gone are the days of being an accomplice. Ask her where you can hide a body today and she will coyly tell you: “I used to know the answer to this...”

Stay tuned for more #LAWctober blog posts every Friday this October! 

[technolawgical]

Happy LAWctober

Greetings Guys and Ghouls,

Ahh, fall is in the air. The leaves are changing, the air is getting chilly, and the pumpkin-flavored EVERYTHING is in full bloom. The only thing left to make things feel more official is the start of all the Halloween-themed movie marathons, tv specials, decorations, costume parties, and haunted houses. And rightfully so; We’re finally in October…a month where some of the creepiest, most bizarre, and scariest things tend to happen. If you have a fascination with the macabre, everywhere you turn, you’ll be sure to find some of your favorite terrifying things.

And that includes here at technoLAWgical.

Since my Valentine’s Week was such a success, I’m coming back strong here at technoLAWgical with a whole MONTH of Halloween-themed posts.

Welcome, everyone, to the month of LAWctober!! Stay tuned every Friday this month (starting this Friday, October 3) for some tricks and treats involving some of my favorite supernatural, dark, and (sometimes) funniest legal cases. It’s been incredible researching these stories, so I hope you enjoy what this blog has in store for you.

Until then: grab a bag of candy corn and a pumpkin spice latte, and get ready. Friday will be here before you know it! :) Meg

[technolawgical]

LAWts of Updates! (ok, that was a bad pun)

Well, hello there!

It’s been quiet here on the technoLAWgical blog. Not for lack of things to talk about, but for many exciting developments that I’m happy to announce today. Here are three things to get excited about:

1. I’m a Published Author!

I am officially a contributing author for two nationally published books. The first is a legal text book on data security and privacy law, and the other is a Computer Agreements form book for attorneys practicing in high-tech law that is part of a multi-volume set of form-books spanning all areas of the law.

For those interested in learning more about the publications, or to purchase a copy for yourself, click the links above! 

2. I'm a National Speaker This Month!

For those interested in learning a thing or two about social media and ethics, I am a speaker for a national phone conference called “Ethics: Social Media Sanctions” on August 27th. The National Business Institute is holding the program, and (for all you attorneys out there) it will count as 1 CLE credit in qualifying jurisdictions.

To sign up for the national conference, be sure to check out this website:

http://www.nbi-sems.com/Details.aspx/R-66600ER

3.There Are Lots of Cool Things on the Horizon (So Stay Tuned)

I have a few more projects in the works that I’ll be announcing soon. In the meantime, stay tuned to the blog and my social media feeds.

Likewise, if you are searching for a legal help for your startup or technology company, be sure to check out my solo practice’s website: technoLAWgical. The website explains a lot about my work as a solo lawyer and the types of law I generally practice.

As always, thanks for your support, your encouragement, and continued readership. Without you, my practice, blog, and everything else wouldn’t be possible.

Talk to all of you soon with an exciting new blog post! --Meg

[technolawgical]

Whether you're enjoying a barbecue with friends, watching fireworks, or just having a relaxing day off...technoLAWgical wishes you a very Happy 4th of July!

[technolawgical]

Legal Brief: Supreme Court Rules on 2 Important Tech Law Cases

photo adapted from “Abstract Acrylic Icon - Smartphone” and "Abstract Acrylic Icon - Film Strip" by Nicolas Raymond which is licensed under a Creative Commons Attribution 3.0 Unported License

If you didn’t see the news, Wednesday, June 25 was a big day for privacy and technology law. The Supreme Court of the United States (“SCOTUS”) ruled on two pivotal cases that greatly shape the way we legally encounter technology.

Want to impress your friends with your knowledge of these cutting edge issues in law? Here’s what you need to know:

1. Want to Search My Cellphone? Get A Warrant! (Riley v California)

photo adapted from “Abstract Acrylic Icon - Smartphone” by Nicolas Raymond which is licensed under a Creative Commons Attribution 3.0 Unported License

What happened?

The police arrested a man after finding loaded firearms in his car during a traffic stop. As a result of his arrest, his cellphone was confiscated and searched. The cellphone search revealed incriminating evidence that led the police to charge the man with additional criminal charges.

What Was the Problem?

The police didn't get a warrant (which is a fancy term for a document granting official permission) to search the man’s cellphone, and the man felt that he was entitled to his privacy on the device.

The Result:

The Supreme Court ruled unanimously that an arrested person has the right to privacy for the information in his cellphone. Cellphones contain intimate information surrounding a person’s life, and so police must go through the required, governmental formalities to access this information.

How This Affects Us?

This is a very significant case for law enforcement practices and privacy. For the first time in history, we have a definitive answer as to how private our information is treated on our cellphones. Traditionally, courts disagreed with whether an arrested person has privacy in his cellphone information. In the future, police will be required to get a warrant if they want to search through someone’s cellphone, or they will risk serious legal repercussions.

2. A TV Streaming Startup Committed Copyright Infringement (ABC v Aereo)

photo adapted from “Abstract Acrylic Icon - Film Strip,” by Nicolas Raymond which is licensed under a Creative Commons Attribution 3.0 Unported License

What Happened?

An up and coming startup named ‘Aereo’ created a new way to watch broadcast television live on the internet. Aereo gave its subscribers an antenna that received data from shows played over the air. As live shows broadcasted over the air, Aereo downloaded a "personal copy" of the program to the subscriber's account where it could be streamed on a variety of devices.

What Was the Problem?

Aereo's subscription service gave users access to copyrighted content. The company didn’t pay licensing fees, nor did it believe it should. Although it created an innovative way to capture and stream media, the companies that owned the rights to the content believed that Aereo was using their material in violation of copyright law. 

The Result:

The Supreme Court ruled 6 to 3 that Aereo was committing copyright infringement. The Court equated Aereo's service with cable television, which falls within the scope of copyright law. 

How Does this Affect Us?

Looking to start up a streaming service like Aereo in the future? Proceed with caution. Now that copyright issues surrounding Aereo have been discussed by the Supreme Court, there will likely be more restrictions surrounding services that attempt to offer copyrighted content without first paying the licensing fees. 

More Information:

For more information, check out the full decisions here:

Riley v California

ABC, Inc v Aereo, Inc

[technolawgical]

OMG! HBD, LOL!!! 

Here’s a fun fact for you to start out your Friday: Did you know that popular Internet slang, “LOL” (which stands for Laugh Out Loud) turned 25 this month?

According to a great, informational article by itv  about the famous abbreviation, LOL had its roots in a 1989 online newsletter called  “Fidonet”. The newsletter suggested that internet-goers use the acronym for more “colorful communicating.”  There are some who claim the first “cyber chuckle” originated a little earlier, but hey--let's celebrate!

Hope you're having a great day and that you laugh your way through another great weekend! :D

[technolawgical]

The Star Wars Kid Saga: The Internet Strikes Back Against Cyberbullying

This past Sunday was Star Wars Day...and for those who might have missed it, May the Fourth Be With You!

In honor of this geeky holiday, today's post focuses on one of the earliest viral videos on the Internet and the very serious issue of cyber bullying. For those of you who lived through the advent of streaming video, I present to you: The Saga of the Star Wars Kid.

1. A Long, Long Time Ago, The "Star Wars Kid" Made Viral Video Fame.

Our story takes us back to 2002 when Ghyslain Raza, a young Canadian high school student armed with a golf ball retriever and a video camera, recorded himself in his school's AV department. What came from this recording session was a video that was arguably the first of its kind to grow viral on the internet:

Screenshot of Raza's viral video, "The Star Wars Kid," Circa 2002. Click the screenshot to view the video (external link to YouTube). 

Unbeknownst to Raza, a few schoolmates found the video and posted it to the internet without his permission. Within days, the video had gone viral. To this day the video continues to be watched, with over a billion hits.

2.The Viral Video Was a Source of Years of Bullying for Raza.

While some would see this "internet fame" and the unprecedented number of views something to boast about, unfortunately for Raza, this was quite the opposite. Raza faced years of bullying as a result of this video. Dubbed, the "Star Wars Kid," Raza couldn't escape the torment: online or off. According to several news reports, when Raza made Internet fame, he suffered through bullying to such a degree that he was forced to drop out of high school and undergo therapy.

(pic: Pascal, “Impending Doom (Explored),” August 5, 2010 via Flickr, Creative Commons 2.0 Generic Attribution.)  

In a 2013 interview, Raza even noted that complete strangers were threatening his life, making rude and embarrassing comments to him, and even suggesting the young man commit suicide.

3.In 2006, Raza's Family Sued the Kids Who Released the Video To the Internet; The Parties Settled.

In addition to his private torment, Raza's family took the fight against the teenagers who released the video to the public.

Raza's family took the teenagers to court for releasing the video and sued for over $351,000 in damages. It's reported that the families ultimately settled out of court.

4. Over A Decade Later, The Internet and Popular TV Shows Alike Still Love (and Parody) The Star Wars Kid.

It's been over a decade since its release, and The Star Wars Kid video continues to be a hit with the Internet, popular TV shows, and others. For example, in its recent Netflix comeback, the cult classic "Arrested Development" gave a nod to the famous internet video when George Michael recorded himself fighting with a small broom:

Screenshot of the Arrested Development, "Star Wars Kid" Parody Circa 2013. Click the screenshot to view the video (external link to YouTube). 

Of course, Many other parodies continue to be released.

In some instances, Raza's video inspired groups of people on the internet to rally together and to help support the young viral video star. Some petitioned to put Raza in the newest Star Wars trilogy (which was released in the early 2000's by Lucasfilms), while others came together to collect enough money to buy Raza an iPod to thank him for hours of entertainment.

  5. The Star Wars Kid Today is a Law School Grad and a Strong Advocate Against Cyberbullying.

Where is "The Star Wars Kid" today? Raza resurfaced in 2013 for some interviews with various news sources to speak about his experience as a viral video star, and the trials and tribulations that come with viral video fame. According to the interviews, Raza is now a law school graduate and actively speaks out about cyberbullying.

Raza, circa 2010, overcame his hardships and graduated from law school, among other accomplishments (via Motherboard)

Cyberbullying is a very serious epidemic that is sweeping our younger generation by storm. Bullying, which was once an issue that stayed at the school and the playground, now follows students to their homes. With the creation of social networking tools and the integration with smartphones and mobile devices, cyberbullying is an unfortunate reality that can follow students virtually anywhere.

6. Help Is Just a Click Away for Victims of Cyberbullying

The Force may have been strong with Raza, but for some targets of cyberbullying, the outcome is not as favorable. Many students who have endured cyberbullying have had their reputations and feelings hurt, and in some cases, have even pushed these students to commit suicide.

If you or anyone you know is the subject of cyberbullying, please know that there is help.

(pic: artworksbytb, “Anti-Bully Artwork,” May 11, 2012, via Flickr, Attribution-NoDerivs 2.0 Generic Creative Commons License.)  

There are many public and private organizations that can help, including the US Government's Stop Bullying website (www.stopbullying.gov) which provides a large amount of support and information to subjects of cyberbullying. Many policies and state laws have also emerged surrounding cyberbullying, creating legal recourse for this unfortunate source of suffering.