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State seeks cyber aces

Written By Unknown on Minggu, 27 April 2014 | 23.40

A series of high-profile cyber attacks over the past year has prompted Gov. Deval Patrick to invite an elite group of techies to compete next weekend in a Cyber Aces State Championship aimed at putting the best among them into desperately needed cyber-security jobs.

"The Cyber Aces program will help us create a pipeline of talent so we can build on our successes and lead the nation in the evolving innovation industry," Patrick said.

Sixty-seven participants culled from a pool of more than 1,000 who faced off in an online competition last fall will take part on May 3 at UMass Boston in a high-stakes digital defense simulation called NetWars, the same hands-on simulation of real-world scenarios used by the U.S. military to train officers in network warfare.

"The 21st century is confronting us with online threats that are difficult and dangerous," said L. Scott Rice, the adjutant general of the Massachusetts National Guard. "The world is increasingly interconnected as our commerce, national defense and education system are dependent on cyber security."

Information technology is the second-fastest growing field in the nation, according to a Cisco analysis, which projected the demand for elite cyber technicians at 10,000, and the need for operators and administrators at 55,000 nationwide.

Yet there is a shortage of qualified candidates to fill those positions — a shortage that has become critical in the wake of cyber attacks on media outlets, Target, Neiman Marcus and, most recently, Children's Hospital.

"Similar to our shortage of fighter pilots at the start of World War II, now we have a critical shortage of skilled cyber defenders," said Alan Paller, founder of Cyber Aces, a not-for-profit that trains people with a high aptitude for achievement in information technology so that they can contribute to the security of the U.S. and its enterprises.

"Like the pilot-training programs of that era, Cyber Aces initiatives like this state championship are how we'll create the specialists we need," Paller said. "You can't buy software and hardware that are foolproof. The only effective defense is people with great technical skills. That's who we're looking for."

Next weekend's event will challenge the most talented and ambitious contenders from local high schools, community colleges and universities, as well as job seekers, veterans and members of the armed forces.

"They'll be competing against the computer to find the malicious code, to find flaws, holes, things that are wrong with it," he said.

Winners will be introduced at a career fair in June to government agencies, banks and tech, security and aerospace companies seeking cyber-security specialists.

"The field is growing, but it still requires people to demonstrate their skills," said Mike Micale, a 44-year-old technical trainer from Malden who was laid off last June and will be competing next weekend. "Companies need people who are going to be effective right away, and it's hard to show that you can do that without a competition like this."


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With ethanol fuel, no gas line antifreeze needed

This past winter I added gas line antifreeze and water remover when I refueled my car. Is this really necessary since gasoline is 10 percent ethanol?

No, adding a gas line antifreeze is not necessary when using ethanol-blended fuel. The ethanol — ethyl or grain alcohol — is an effective antifreeze/moisture remover so no additional additive is necessary. In fact, adding a gas line antifreeze on a regular basis can be too much of a good thing — excess alcohol in the tank can cause driveability issues.

Several years ago, the state of Oregon mandated the addition of ethanol in our fuel. Since that time we have had engine trouble with our 1994 Ford van with 150,000 miles on it running rough or hesitating when accelerating. Fuel additives helped in the past but not anymore. I found a gas station that sells ethanol-free fuel, and the van appears to run normally after my first tank of ethanol-free. Are older engines just not designed to handle ethanol, or does the fuel system need a periodic cleaning from now on? When traveling, finding ethanol-free fuel could be challenging.

Challenging? That's an understatement. Welcome to the world of alcohol-blended motor fuels. You are not the first, nor will you be the last, motorist to experience fuel system and drivability issues when switching from pure gasoline.

In Minnesota, we experienced these problems back in the '90s when ethanol was mandated in our fuel. In Florida, the same issues cropped up a couple of years ago when ethanol was added to its 
fuels. In these two states, non-alcohol fuels are available only from limited sources and are for use in recreational vehicles, small engines and collector vehicles, which helps those of us with older equipment and vehicles.

Alcohols are solvents. Thus the buildup over the years of moisture, varnish and other gunk in your vehicle's fuel tank is cleaned and carried through the fuel system. In addition, the lower energy content and higher volatility of alcohol may account for some of your drivability issues with your pre-OBDII engine management system. Modern vehicles are much more accommodating to these fuels.

I have a four-cylinder 2005 Hyundai Tucson I purchased new. It runs fine, but the mechanic suggested changing the timing belt at the recommended mileage interval or spend three or four thousand dollars in engine repair costs if it fails. What are the symptoms of impending timing belt failure?

There's the rub — there are no symptoms to impending timing belt failure. And since the 2-liter engine in your Hyundai is an interference engine — meaning the pistons can physically contact the valves if the timing belt fails — significant engine damage can occur.

Hyundai recommends timing belt replacement at 60,000-mile intervals under "normal" driving circumstances. Under "severe" service conditions, the replacement interval is 40,000 miles.

I bought a 2013 Nissan 370Z last November. The windshield and rear window have colors like glitter in the glass. The colors are brilliant like rainbow or diamond. It is very distracting on a sunny day. I've taken the car to the dealer twice and they said they cleaned the glass with glass cleaner but the colors remain. Any suggestions?

Nissan recommends the use of 0000-superfine steel wool to remove foreign material from windshield glass. They suggest fresh steel wool from an unopened bag to avoid contamination that could scratch the glass.

The fundamental issue is whether the "sparklies" are in, or on, the glass. While foreign matter on the glass is not a warranty item, defective glass may well be. Have the dealer try the Nissan-recommended cleaning procedure. If this doesn't "clear" the problem, ask them about warranty coverage for replacement.

Paul Brand, author of "How to Repair Your Car," is an automotive troubleshooter, driving instructor and former race-car driver. Readers may write to him at: Star Tribune, 425 Portland Ave. S., Minneapolis, Minn., 55488 or via email at paul brand@startribune.com.


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More renounce US citizenship but deny stereotype

Inside the long-awaited package, six pages of government paperwork dryly affirmed Carol Tapanila's anxious request. But when Tapanila slipped the contents from the brown envelope, she saw there was something more.

"We the people...." declared the script inside her U.S. passport — now with four holes punched through it from cover to cover. Her departure from life as an American was stamped final on the same page: "Bearer Expatriated Self."

With the envelope's arrival, Tapanila, a native of upstate New York who has lived in Canada since 1969, joined a largely overlooked surge of Americans rejecting what is, to millions, a highly sought prize: U.S. citizenship. Last year, the U.S. government reported a record 2,999 people renounced citizenship or terminated permanent residency; most are widely assumed to be driven by a desire to avoid paying taxes on hidden wealth.

The reality, though, is more complicated. The government's pursuit of tax evaders among Americans living abroad is indeed driving the jump in abandoned citizenship, experts say. But renouncers — whose ranks have swelled more than five-fold from a decade ago — often contradict the stereotype of the financial scoundrel. Many are from very ordinary economic circumstances.

Some call themselves "accidental Americans," who recall little of life in the U.S., but long ago happened to be born in it. Others say they renounced because of politics, family or personal identity. Some say signing away citizenship was a huge relief. Others recall being sickened by the decision.

At the U.S. consulate in Geneva, "I talked to a man who explained to me that I could never, ever get my nationality back," says Donna-Lane Nelson, whose Boston accent lingers though she's lived in Switzerland 24 years. "It felt like a divorce. It felt like a death. I took the second oath and I left the consulate and I threw up."

When Americans do hear about compatriots rejecting citizenship, it's more often people keeping their U.S. citizenship and dropping that of another country.

Last year, Texas Sen. Ted Cruz acknowledged the Canadian citizenship he was born to, but said he would renounce it. In 2012, Rep. Michele Bachmann, R-Minnesota, saying she was "100 percent committed to our United States Constitution," announced she was giving up Swiss citizenship gained through marriage.

One of the few times rejected U.S. citizenship has gotten significant ink was Facebook co-founder Eduardo Saverin's 2011 decision to turn in his American passport after moving to Singapore. Saverin likely avoided millions of dollars in taxes by doing so shortly before Facebook's initial stock offering.

Other wealthy Americans also have relinquished U.S. citizenship. Denise Rich, the ex-wife of pardoned trader Marc Rich, expatriated in 2012 and lives in London. Last fall, singer Tina Turner, a resident of Switzerland since 1995, relinquished her U.S. passport.

But Saverin's decision, in particular, hit a political nerve, along with scandals surrounding UBS and Credit Suisse, which were caught matching wealthy Americans with offshore accounts.

In recent years, federal officials have stepped up pursuit of potential tax evaders, using the Foreign Account Tax Compliance Act which requires that Americans overseas report assets to the IRS or pay stiff penalties. Those trying to comply complain of costly fees for accountants and lawyers, having to report the income of non-American spouses, and decisions by some European banks to close accounts of U.S. citizens or deny them loans.

But some of those surrendering citizenship say their reasons are as much about life as about taxes, particularly since the U.S. government does not tax Americans abroad on their first $96,600 in yearly income.

Decisions to renounce "are driven by a whole range of emotional considerations. ... You've got anger, you've got fear, you've got a strong sense of indignation," said John Richardson, a Toronto lawyer who advises people on expatriation. "For many of these people, this is not a tax issue at all."

Even some who acknowledge tax worries say decisions to renounce are far more complicated than a simple desire to avoid paying.

Peter Dunn, born in Chicago and raised in Alaska, moved to Canada to pursue a graduate degree in theology. He met his wife, Catherine, and they made Toronto home when her work as one of the owners of an aviation maintenance firm made her the breadwinner.

Dunn remained an American. But he was alarmed by a change in U.S. law requiring those with more than $2 million in assets to pay an exit tax if they gave up citizenship. He didn't have $2 million. But his wife was doing well enough that he imagined one day they could get there. The idea of the U.S. government taxing his Canadian wife's money didn't seem right.

"When I learned about that, I decided that to protect my wife, I better expatriate," he says.

Corine Mauch arrived at the same decision by a different route. Mauch was born a U.S. citizen to Swiss parents who were college students in Iowa. They lived in the U.S. until she was 5, then again for two more years before she turned 11. Mauch maintained dual citizenship even after she was elected to Zurich's city council. But when she became mayor, she reconsidered.

During the last American presidential election, "I asked myself 'Where do I feel at home?' And the answer is clear: In Zurich and in Switzerland. My attachment to America is limited to my very early youth," Mauch said. Double taxation was "not the crucial factor for my decision. But I will not miss the U.S. tax bureaucracy either."

Taxes play little or no role in other decisions.

Norman Heinrichs-Gale's parents were missionaries from Washington state who raised him in Asia and the Middle East. In 1986, he traveled to Austria with his American wife, and they found work at a conference center in an alpine valley town of 6,000. The jobs were supposed to last a year. But the couple stayed, sending their children to local schools.

On yearly trips to the U.S. he felt increasingly like a stranger. "I never forget going into a grocery store and just being stunned by my choice of cereals," Heinrichs-Gale says. "I was stunned by just the pace of life compared to what we have here, stunned by the extremes of wealth and poverty that I encountered."

There wasn't one single thing that pushed him away. But his children wanted to attend Austrian colleges and he and his wife wanted to vote in the country they considered home. The family was tired of renewing visas and work permits. And so they signed documents giving up U.S. citizenship. Now, one of the last vestiges of American culture in their home is watching Seattle Seahawks games online.

Sports played the central role in Quincy Davis III's decision. Davis, raised in Los Angeles and Mobile, Ala., played professional basketball in Europe after three years as Tulane University's leading scorer. By 2011, he was home studying to become a firefighter when he was offered a spot on a Taiwanese pro squad. He's since helped lead the Pure Youth Construction team to two championships.

When the team's owner suggested last year that he join Taiwan's national team, Davis says he found little motivation to keep his U.S. citizenship.

"When you think about who I am as a black guy in the U.S., I didn't have opportunities," he says. "You get discriminated against over there in the South. Here everyone is so nice. They invite you into their homes, they're so hospitable. ... There's no crime, no guns. I can't help but love this place."

Many others cutting their U.S. ties say tax laws drive decisions that have nothing to do with secreting wealth.

"I wish I were wealthy," said Nelson, who says she takes in about $50,000 a year from pensions and earnings from publishing an online journal covering credit union news.

Nelson has vivid memories of growing up in the U.S. Even after moving to Europe, she continued sending five to 10 emails a week to members of Congress, opposing the Iraq war and the Patriot Act. After 15 years, she acquired Swiss citizenship so she could vote. But she began considering expatriation only in 2010 after a banker told her that, because of new U.S. financial reporting laws, it was closing the accounts of many Americans and a mistake as minor as an overdraft could mean the same for hers.

"How would my clients pay me?" says Nelson, who is 71 and also an author of mystery novels. "Where does my Social Security get deposited? Where does my pension get deposited?"

The jump in renunciations reflects evolving views about national identity, said Nancy L. Green, an American professor at the L'Ecole des Hautes Etudes en Sciences Sociales in Paris. When the U.S. got its start, citizenship was defined by "perpetual allegiance" — the British notion of nationality as a birthright that could never be changed.

American colonists rejected that to justify becoming citizens of a newly independent country. But changeable citizenship wasn't widely embraced until the mass immigration of the late 1800s, says Green, a historian of migration and expatriation.

Even then, U.S. artists and writers who moved to Europe in the 1920s were criticized, suspected of trying to avoid taxes. Until the 1960s, U.S. citizenship remained a privilege the government could take away on certain grounds. It's only since then that U.S. citizenship has come to be viewed as belonging to an individual, who could keep — or surrender it — by choice.

But Carol Tapanila's life in Canada has tested that redefinition.

Six years after Tapanila's husband lost his job at a Boeing factory in Washington state and they moved to Canada for work, the couple became citizens of their new country. She says U.S. consular officials told her that, by swearing allegiance to Canada, she might well have lost her American citizenship.

After retiring from a job as an administrative assistant at an oil company in Calgary, Tapanila began putting $125 a month into a special savings account for her developmentally disabled son, matched by the Canadian government. In her will, she authorized creation of a trust fund to draw on retirement savings and other assets to provide for her son, who is now 40, after her death.

Tapanila says she didn't know she was required to file U.S. tax returns until 2007, when her daughter raised the subject. Her troubles were compounded by her decision to apply for a U.S. passport after a border officer told her she should have one. She has since spent $42,000 on fees for lawyers and accountants and paid about $2,000 in U.S. taxes, including on funds in her son's disability savings account.

In 2012 she turned in the passport, renouncing U.S. citizenship to protect money saved for her retirement and her son. Tapanila, 70, has tried and failed to renounce U.S. citizenship on his behalf, saying officials told her such a decision must be made by the individual alone.

"You know, we are not rich people and we are not tax evaders and we are not traitors and I'm more than tired of being labeled that way," Tapanila says.

"I'm sorry that I've given my son this burden and I can do nothing about it ... I thought we had some rights to go wherever we wanted to go and some choices we could make in our lives. I thought that was democracy. Apparently, I've got it all wrong."

___

AP writer Peter Enav in Taipei contributed to this report. Adam Geller can be reached at features@ap.org. Follow him on Twitter at https://twitter.com/adgeller .


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Burger King bringing back 'Subservient Chicken'

NEW YORK — Burger King is bringing back one of its strangest advertising creations if you don't count its creepy King — the Subservient Chicken.

The campaign, which was considered groundbreaking when it ran in 2004, featured a website where a giant chicken dressed in garters appeared to perform any task visitors commanded. A costumed actor had been pre-recorded performing hundreds of acts so it would seem as though the chicken was obeying people's orders.

It was an unexpected take on chain's "Have It Your Way" slogan, all just to promote a new chicken sandwich. The site got 100 million hits in the two weeks after its launch, according to Burger King.

A decade later, the Miami-based chain is trotting out the Subservient Chicken once again to promote yet another chicken sandwich — a triple-decker called the Chicken Big King that resembles a Big Mac, except with chicken patties.

Burger King says it will post a short video detailing the "rise and fall" of Subservient Chicken on www.subservientchicken.com at 9 a.m. EDT Wednesday.

Like a host of other companies, Burger King Worldwide Inc. is hoping to create a viral marketing hit to connect with younger consumers. The strategies have varied widely and it's not always clear whether they ultimately help boost sales.

KFC, for instance, recently captured widespread attention online when it issued a video of a boy giving his prom date a corsage made with a chicken drumstick. Whether its popularity can help turn around a yearslong sales slump is yet to be seen. In the first quarter of this year, sales at established locations fell 3 percent, after falling 5 percent for last year.

Burger King, like other traditional fast-food chains, is struggling to boost sales as well. As for attention on social media, the chain's most memorable recent moment in the spotlight may have been when its Twitter account was hacked. The hacker changed its profile picture to the McDonald's logo and tweeted messages containing obscenities, references to drug use and racial epithets.

Burger King had to ask Twitter to temporarily suspend the account.

As for the Subservient Chicken website, it is already live and shows what appears to be a shot of the empty room where the character originally performed its tasks 10 years ago, including dancing, moonwalking and doing pushups. A pop-up alert for a "Missing Chicken Error" prompts people to click a "Help Us" button, which then asks people to share the link on social media.

Eric Hirschhorn, chief marketing officer for Burger King North America, declined to provide details about the video that will be posted Wednesday, but said the idea is that the chicken is "turning the tables" on people. It will include an appearance by Dustin Diamond, the actor best known for playing Screech on the teen sitcom "Saved By the Bell."

"I don't want to spoil it, but he's an incredible addition to the film," Hirschhorn said.

Burger King has since cut ties with the creators of the Subservient Chicken campaign, Crispin Porter + Bogusky and The Barbarian Group and says they were not involved in making the new video, which was directed by Bryan Buckley, who has created many Super Bowl ads.

To tease the video, Burger King planned to run ads in several major newspapers Sunday, including the Atlanta Journal Constitution, Chicago Tribune, Los Angeles Times and The New York Times.

The campaign will not include TV ads.

As for whether Burger King planned to bring back the King character, another one of its famous advertising creations, Hirschhorn declined to say.

"I can't confirm or deny at this point," he said.

___

Follow Candice Choi at www.twitter.com/candicechoi


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Discrimination potential seen in 'big data' use

WASHINGTON — A White House review of how the government and private sector use large sets of data has found that such information could be used to discriminate against Americans on issues such as housing and employment even as it makes their lives easier in many ways.

"Big data" is everywhere.

It allows mapping apps to ping cellphones anonymously and determine, in real time, what roads are the most congested. But it also can be used to target economically vulnerable people.

The issue came up during a 90-day review ordered by President Barack Obama, White House counselor John Podesta said in an interview with The Associate Press. Podesta did not discuss all the findings, but said the potential for discrimination is an issue that warrants a closer look.

Federal laws have not kept up with the rapid development of technology in a way that would shield people from discrimination.

The review, expected to be released within the next week, is the Obama administration's first attempt at addressing the vast landscape of challenges, beyond national security and consumer privacy, posed by technological advancements.

President Barack Obama requested the review in January, when he called for changes to some of the National Security Agency's surveillance programs that amass large amounts of data belonging to Americans and foreigners.

The technology that enabled those programs also enables others used in the government and the private sector. The White House separately has reviewed the NSA programs and proposed changes to rein in the massive collection of Americans' phone records and emails.

"It was a moment to step back and say, 'Does this change our basic framework or our look at the way we're dealing with records and privacy,'" Podesta said in the interview.

"With the rapidity of the way technology changes, it's going to be hard to imagine what it's going to look like a generation from now. But at least we can look out over the horizon and say, 'Here are the trends. What do we anticipate the likely policy issues that it raises?'"

Podesta led the review, along with some of Obama's economic and science advisers. The goal, Podesta said, was to assess whether current laws and policies about privacy are sufficient.

Podesta would not discuss the specific recommendations he will make to Obama. He did mention an unexpected concern that emerged during White House officials' meetings with business leaders and privacy advocates, and merits further examination: how big data could be used to target consumers and lead to discriminatory practices.

Civil rights leaders, for example, raised in discussions with the White House the issue of employers who use data to map where job applicants live and then rate them based on that, particularly in low-paying service jobs.

"While big data is revolutionizing commerce and government for the better, it is also supercharging the potential for discrimination," said Wade Henderson, president and chief executive officer of the Leadership Conference on Civil and Human Rights.

Some employers might worry that if an applicant lives far enough away from a job, he or she may not stay in the position for long. As more jobs move out of the city and into the suburbs, this could create a hiring system based on class.

"You're essentially being dinged for a job for really arbitrary characteristics," said Chris Calabrese, a lawyer with the American Civil Liberties Union. "Use of this data has a real impact on peoples' lives."

The civil rights advocates could not offer specific examples of such injustices, but instead talked about how the data could be used in a discriminatory way.

Federal employment laws don't address this nuanced tactic, Calabrese said. Similarly, anti-discrimination laws for housing make it illegal to target customers based on credit reports. But the laws don't address the use of other data points that could group people into clusters based on information gleaned from social media.

For instance, companies sell data amassed from social media sites that clumps people into clusters, such as the "Ethnic Second-City Struggler" category. A bank could target people who posted something on social media about losing a job as a likely candidate for a high-interest loan. The idea is that a person who lost a job may be behind on mortgage payments and might be open to a high-interest loan to help get out of a bind, Calabrese said.

"You are individually targeted for a loan based on inclusion on one of these lists and get a high interest rate. That is in spite of the fact that if you walked in off the street you might qualify for a lower rate. You never know that you are being targeted individually since you just click on an ad on the side of a website," Calabrese explained. "That is the discrimination."

Jennifer Barrett Glasglow, chief privacy officer for data broker Acxiom, said her company in Little Rock, Ark., screens clients before selling them data to help ensure that the data will be used appropriately and not for discriminatory reasons.

She also said a discriminatory offer can be made without Acxiom data.

"We've got to be careful that we don't go after the data itself," she said.

Glasglow said the "Ethnic Second-City Struggler" category can be very effective for reaching communities in need, such as for advertising a sale or an offer that provides more affordable services. Glasglow said consumers can report what they believe to be unfair practices to the federal Consumer Financial Protection Bureau.

"Let's go after the people engaged in bad practices," she said.

The concept of putting people into categories, or "segmenting," for marketing purposes is not new, said Eric Siegel, an expert in predictive analytics, which is the art of determining what to do with data on behaviors ranging from shopping habits to criminal activity.

Few dispute that there are lots of good reasons to use big data.

"There's been a push by the administration to say that these are important tools, and the ability to apply analytics to that data is important for a whole range of issues from health care to education to public safety," Podesta said.

It can help communities be more efficient.

A New York data-analysis operation under former Mayor Michael Bloomberg allowed the city to pinpoint properties with a higher risk of deadly fires by analyzing fire department data in conjunction with data on illegal housing complaints and foreclosures.

The federal government recently announced an initiative to provide private companies and local governments with better access to climate data. This data could help communities and developers decide where not to build based on predictions about sea levels.

Political campaigns, particularly the 2012 presidential campaign, rely on large data sets to target specific donors who might be able to deliver the most cash. Those kinds of analyses led to a multibillion-dollar haul in contributions, the most expensive White House run in history.

Nuala O'Connor, president of the Center for Democracy and Technology, said there needs to be more transparency in how companies are using this data, and that means updating some laws.

One is the Electronic Communications and Privacy Act of 1986. Podesta said he will recommend an update to that law, which governs how the government can access private communications for law enforcement purposes. This is something privacy advocates and some members of Congress have long sought.

"There are certainly gaps in the law," O'Connor said, speaking broadly. "The technology is outpacing regulatory and legislative change."

___

Associated Press writer Jack Gillum contributed to this report.

___

Follow Eileen Sullivan on Twitter at www.twitter.com/esullivanap


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West Point works to boost female cadet numbers

WEST POINT, N.Y. — Less than one in five cadets at West Point is a woman, and the academy's new superintendent wants to change that.

With the Pentagon lifting restrictions for women in combat jobs, Lt. Gen. Robert Caslen Jr. has set a goal of boosting the number of women above 20 percent for the new class reporting this summer.

Women have been a presence at the nation's military academies since 1976. But they remain in the minority, just as they do in the broader military.

Caslen became superintendent last year. He says an increased number of female cadets at the storied academy will do more than serve the Army when thousands of combat positions are slated to open to both sexes by 2016. He says it will help integrate women at the academy.


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AereoĆ¢€™s court case chills startup cash

Aereo's landmark Internet broadcast Supreme Court case is casting a pall over venture funding for the cloud computing industry, experts are warning.

"The mere existence of this will make it much harder to raise funding, because the risks have gone up," said Michael Davies, chairman and founder of Endeavor Partners, a Cambridge consulting firm for technology companies.

Last week, the Supreme Court heard the case in which Aereo defends its right to grab television broadcast signals and stream TV through the cloud to users for a small fee of about $8 a month — and without paying retransmission fees. Aereo, run by founder and CEO Chet Kanojia, contends its antennas are no different than old-fashioned rabbit ears and its service constitutes what is legally known as a "private performance." Broadcasters contend the business is offering a "public performance" and the company is violating copyright.

"If putting stuff in the cloud and playing it back is deemed to be a 'public performance,' that would have a horrible chilling effect on the ability of people to use the cloud to store content and media," said Davies.

The case is do-or-die for the industry, experts say, warning of a critical slow-down in investment and innovation in the cloud — a loose term for data storage and server space located off-site.

A study in 2011 found VC investment in cloud technologies "increased significantly" — as much as $1.3 billion — after the Second Circuit maintained the legality of Cablevision's cloud-based DVR, which stored copyrighted material off-site, said study author Josh Lerner, a Harvard Business School professor.

If the Supreme Court rules against Aereo, he said, the opposite could happen, and funding for start-ups could become harder to get.

"It would be the kind of situation where it would be likely that investors would cast a very hard look at cloud companies," Lerner said.

Headquartered in New York, Aereo's engineering and development staff — 80 of 115 total — works out of two floors in an office in Boston's Innovation District.

The company has raised $97 million in venture funding, much of which came after the company was sued by the networks, including a $34 million round of funding that closed in January, after a trip to the Supreme Court seemed likely.

Aereo itself is raising concerns about the effect of the court decision on the industry. The company and some of its legal backers, including a tech industry group representing Google, Facebook and others, claim that the cloud industry would be irreparably harmed if the court decides Aereo is infringing on copyright.

Not everyone agrees.

David Skok, a general partner at Matrix Partners, a Cambridge-based venture capital firm, said he believes the case will only affect a small part of the cloud industry.


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The Ticker

Patrick, Murray to speakat manufacturing event

Gov. Deval Patrick and former Lt. Gov. Timothy Murray will be among the speakers at a summit being held on advanced manufacturing in Massachusetts.

The event hosted by the Advanced Manufacturing Collaborative is scheduled for Tuesday at the DCU Center in Worcester. Hundreds of industry executives are expected to attend and discuss challenges faced by their firms.

Among the topics will be workforce development and efforts to align vocational school and community college training programs with the needs of advanced manufacturing companies.

Murray, now president of the Worcester Chamber of Commerce, will help open the second annual event and Patrick is scheduled to speak later in the day.

TOMORROW

  • National Association of Realtors releases pending home sales index for March.

TUESDAY

  • Standard & Poor's releases S&P/Case-Shiller index of home prices for February.
  • The Conference Board releases the Consumer Confidence Index for April.
  • Federal Reserve policy makers start two-day meeting to set interest rates.

WEDNESDAY

  • Commerce Department releases first-quarter gross domestic product.
  • Labor Department releases the first-quarter employment cost index.
  • Federal Reserve policy makers conclude two-day meeting to set interest rates.

THURSDAY

  • Labor Department releases weekly jobless claims.
  • Commerce Department releases personal income and spending for March.
  • Freddie Mac, the mortgage company, releases weekly mortgage rates.
  • Institute for Supply Management releases its manufacturing index for April.
  • Commerce Department releases construction spending.

FRIDAY

  • Labor Department releases employment data for April.
  • Commerce Department releases factory orders for March.

Boston's Forge Worldwide has named digital specialist Melissa Koehler, account director. Koehler will oversee the health care, financial services and higher education practices at Forge, leading client relationships with Massachusetts General Hospital and Rockland Trust, among others. Koehler joins the agency after spending two years with BEAM Interactive in Boston where, most recently, she was associate director, marketing.


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Supreme Court takes on privacy in digital age

WASHINGTON — Two Supreme Court cases about police searches of cellphones without warrants present vastly different views of the ubiquitous device.

Is it a critical tool for a criminal or is it an American's virtual home?

How the justices answer that question could determine the outcome of the cases being argued Tuesday. A drug dealer and a gang member want the court to rule that the searches of their cellphones after their arrest violated their right to privacy in the digital age.

The Obama administration and California, defending the searches, say cellphones are no different from anything else a person may be carrying when arrested. Police may search those items without a warrant under a line of high court cases reaching back 40 years.

What's more, said Donald Verrilli Jr., the administration's top Supreme Court lawyer, "Cellphones are now critical tools in the commission of crimes."

The cases come to the Supreme Court amid separate legal challenges to the massive warrantless collection of telephone records by the National Security Agency and the government's use of technology to track Americans' movements.

Librarians, the news media, defense lawyers and civil liberties groups on the right and left are trying to convince the justices that they should take a broad view of the privacy issues raised when police have unimpeded access to increasingly powerful devices that may contain a wealth of personal data: emails and phone numbers, photographs, information about purchases and political affiliations, books and a gateway to even more material online.

"Cellphones and other portable electronic devices are, in effect, our new homes," the American Civil Liberties Union said in a court filing that urged the court to apply the same tough standards to cellphone searches that judges have historically applied to police intrusions into a home.

Under the Constitution's Fourth Amendment, police generally need a warrant before they can conduct a search. The warrant itself must be based on "probable cause," evidence that a crime has been committed.

But in the early 1970s, the Supreme Court carved out exceptions for officers dealing with people they have arrested. The court was trying to set clear rules that allowed police to look for concealed weapons and prevent the destruction of evidence. Briefcases, wallets, purses and crumpled cigarette packs all are fair game if they are being carried by a suspect or within the person's immediate control.

Car searches pose a somewhat different issue. In 2009, in the case of a suspect handcuffed and placed in the back seat of a police cruiser, the court said police may search a car only if the arrestee "is within reaching distance of the passenger compartment" or if police believe the car contains evidence relevant to the crime for which the person had been arrested.

The Supreme Court is expected to resolve growing division in state and federal courts over whether cellphones deserve special protection.

More than 90 percent of Americans own at least one cellphone, the Pew Research Center says, and the majority of those are smartphones — essentially increasingly powerful computers that are also telephones.

In the two Supreme Court cases being argued Tuesday, one defendant carried a smartphone and the other an older and less advanced flip phone.

In San Diego, police found indications of gang membership when they looked through defendant David Leon Riley's Samsung smartphone. Prosecutors used video and photographs found on the smartphone to persuade a jury to convict Riley of attempted murder and other charges. California courts rejected Riley's efforts to throw out the evidence and upheld the convictions.

Smartphones also have the ability to connect to the Internet, but the administration said in its brief that it is not arguing for the authority to conduct a warrantless Internet-based search using an arrestee's device.

In Boston, a federal appeals court ruled that police must have a warrant before searching arrestees' cellphones. Police arrested Brima Wurie on suspicion of selling crack cocaine, checked the call log on his flip phone and used that information to determine where he lived. When they searched Wurie's home, armed with a warrant, they found crack, marijuana, a gun and ammunition. The evidence was enough to produce a conviction and a prison term of more than 20 years.

The appeals court ruled for Wurie, but left in place a drug conviction for selling cocaine near a school that did not depend on the tainted evidence. That conviction also carried a 20-year sentence. The administration appealed the court ruling because it wants to preserve the warrantless searches following arrest.

The differences between the two cases could give the court room to craft narrow rulings that apply essentially only to the circumstances of those situations.

The justices should act cautiously because the technology is changing rapidly, California Attorney General Kamala Harris said in her court filing.

Harris invoked Justice Samuel Alito's earlier writing that elected lawmakers are better suited than are judges to write new rules to deal with technological innovation.

On the other side of the California case, Stanford law professor Jeffrey Fisher, representing Riley, cited FBI statistics showing 12 million people were arrested in 2012. In California and elsewhere, he said, those arrests can be for such minor crimes as "jaywalking, littering or riding a bicycle the wrong direction on a residential street."

It shouldn't be the case, Fisher said, that each time police make such an arrest, they can rummage through the cellphone without first getting a judge to agree to issue a warrant.

The cases are Riley v. California, 13-132, and U.S. v. Wurie, 13-212.

___

Follow Mark Sherman on Twitter: http://www.twitter.com/shermancourt


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Workplace Diversity Job Fair Monday, April 28, 2014

Workplace Diversity Job Fair

Monday, April 28, 2014

10:00-4:00

Boston Marriott Copley Place

110 Huntington Ave., Boston

Job seekers, don't miss this exciting opportunity

The Boston Herald is hosting the 21st annual Workplace Diversity Job Fair on Monday, April 28. Companies from the Greater Boston area will be in attendance looking for candidates to fill positions in areas including sales, business, medical, technology and more!

Look for a special pull-out section on Thursday, April 24 for all the information you will need to make the job fair a success for you.

There is no cost or obligation for attending.

Proper attire is suggested.

The following companies are participating in the Monday, April 28 Workplace Diversity Job Fair:

  • Arbour Health System
  • Bay Cove Human Services
  • Boston Marriott Copley Place
  • BMC HealthNet Plan
  • Commonwealth Worldwide
  • Eliot Community Human Services
  • G2 Secure Staff
  • Harvard University
  • Keolis Commuter Services
  • Lincoln Technical Institute
  • Massasoit Community College
  • Mass Eye and Ear
  • New England HERC
  • New England Research Institute
  • Northeastern University Bouve' College of Health Sciences School of Nursing
  • Northeast Security
  • Prudential
  • Rockland Trust
  • South Bay Mental Health
  • U.S. Navy
  • Verizon Wireless
  • WGBH

The Workplace Diversity Job Fair is conducted in accordance with federal laws advocating employment for all individuals. The Workplace Diversity Job Fair is handicapped accessible. If special arrangements are required, please call 617-619-6168 no later than 2 days prior to the event.


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