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- Mixsawbah State Fish Hatchery Alerts
- None at this time.
Walkerton, IN; 46574
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The hatchery was constructed in 1974 for the propagation of salmonids (trout and salmon) to enhance Indiana's Lake Michigan fishery. The hatchery's name honors Chief Mixsawbah, a Potawatomi Indian chief whose local domain was near the Kankakee River in northwestern Indiana.
Mixsawbah annually produces 670,000 salmonids, with a total weight of about 35,500 pounds. Production includes chinook salmon, coho salmon, and steelhead trout. Most of these fish are stocked into tributary streams to Lake Michigan. In Indiana, these streams are Trail Creek in LaPorte County and the East Branch of the Little Calumet River in Porter County.
- Salmon - The Lake Michigan Story
In 1966, the state of Michigan stocked 600,000 young coho salmon into Lake Michigan tributaries. Biologists watched the progress of the cohos until they entered Lake Michigan. For the next several months, the fish vanished. stay offshore in cooler water preparing to return to their home streams each autumn.
The Indiana Department of Natural Resources began stocking salmon and trout fingerlings in the Indiana waters of Lake Michigan in 1968. In September, 1971, 25 Indiana-reared cohos were trapped from Trail Creek, and the first Hoosier salmon run was off to a flying start. About 10% of the original fish returned to Trail Creek.
The fish penetrated to the headwaters and spawned. Little success is expected from this natural reproduction, however, because natural survival is low in Indiana tributaries to Lake Michigan. This means the Lake Michigan salmonid program is totally manageable. The fishery is dependent on hatchery production and can be regulated by adjusting stocking numbers. Mixsawbah was built in 1974 to produce 500,000 trout and salmon annually to meet the demands of the new fishery.
Indiana state fish hatcheries do not sell fish.
- Water Supply
Water for the hatchery is supplied by three wells located about 3/4 mile west of the facility. One well provides operational water, while the remaining wells assume emergency standby positions. Water from the wells is 52°F., an excellent temperature for raising trout and salmon. Each well can supply 640 gallons per minute (gpm) to the building where the water passes through an aeration chamber to add oxygen. The aerated water is then pumped through mechanical filters to reduce the iron content. The filtered water is aerated again in the aeration chamber and overflows into a reservoir that supplies the egg incubators and the inside rearing tanks. At full capacity, the inside system uses 300 gpm. Water not used for inside rearing overflows from the reservoir to a second storage basin that supplies the outside rearing ponds. Each outside pond uses up to 200 gpm. The operation of all 15 ponds requires 3,000 gpm. To make up the difference between the 640 gpm supplied from the well and the 3,000 gpm required, and to conserve water and energy, water is recycled. The used water from the incubators, rearing tanks, and the rearing ponds is collected in biological filters located north of the building. The biofilters harbor bacteria; which convert ammonia, the major excretory product of fish, to harmless nitrates. The reconditioned water flows from the biofilters to a clearwell under the building where it is pumped up through an aeration chamber and overflows to the storage basin supplying the outside rearing ponds. When all 15 ponds are full, water will remain in the rearing pond recycle system for about 8 hours before it overflows to waste. Water leaving the hatchery is tested to meet federal, state and local water quality standards.
- Fish Rearing
Eggs are collected from adult fish returning to Indiana streams to spawn or are obtained through agreements with other states. At Mixsawbah, the eggs are disinfected to prevent the spread of disease prior to placing them in Heath Vertical Egg Incubators. The incubators provide a continuous flow of water and oxygen around each egg throughout the incubation process. There are 184 incubation trays at the hatchery, each capable of holding from 5,400 to 16,000 eggs, depending on the species. The eggs remain in the incubators about one month before they hatch. After hatching, the small fry remain in the trays for about 20 days, living and developing on the nutriments stored in their yolk sac. At the end of 20 days, the yolk is mostly absorbed and the young fry are ready to accept feed. At this time, the trout are transferred to the 18 inside rearing tanks, while the larger salmon are placed in the 15 outside rearing ponds.
The young trout remain in the rearing tanks for several months before they are transferred to the outside rearing ponds as 2.5 inch fingerlings. Each inside tank can hold 10,000, 2.5 inch fish. Each outside pond can hold 100,000, 3 inch fish or 16,500, 7 inch fish. Each rearing pond has a nameplate attached to the automatic feed hopper which identifies the species in that particular pond.
Fingerling salmonids are fed a nutritionally balanced, high protein diet from automatic feeders. Feed is dispensed every half hour for 18 hours per day. Salmonids readily learn to accept the artificial diet, but it is up to hatchery personnel to develop an efficient feeding program. Every hatchery manager wants to produce healthy fish with as little feed as possible. A trout must eat 1.25 pounds of food to gain one pound in weight. Fingerling salmonids are started on crumbles, a very fine granule the size of table salt. As the fish grow, the size of the feed particle is increased. Fish that are 6 inches in length can efficiently feed on 1/8 inch pellets.
Three species of salmonids are reared at Mixsawbah. Chinook salmon are stocked in the streams at five months of age or 3.5 inches in length. The other species are kept in the rearing ponds for 7-14 months where they grow to a size of 4.25 to 7 inches before being released.
- Volunteer Opportunities
Need a reason to get outside and move? You can volunteer alone or in small groups at this property. Some activities include trash pick-up, basic gardening, painting, and more. Call the property office for details.

subset: commoncrawl


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If You Have to Ship Something This Summer. . .
As you bask in the glow that your child being away at summer camp brings or consider how your sister, who lives 500 miles away and who celebrates a July birthday and who, all of her life, has loved the chocolate cookies you make, you realize you might just have to ship something this summer.
If you're shipping food care packages and/or baked treats, keep the following in mind:
- Place the food in a container close in size to the box you will use for shipping.
- Tape the cold pack underneath the container so it keeps the food fresh.
- Slap perishable and fragile stickers on the box.
- Tape all of the seams (the four edges and the two center seams) of the box. This helps keep cool air in and hot air out.
- Use Mylar covered bubble wrap to line the box. (If you will be placing a gel pack in the box, wrap the item in the bubble wrap. It provides an extra layer of insulation.)
- Keep the product at the center of the container, if possible.
- Make sure the product is shipped cool. For example, if it's shipped at 56°, it will take a lot longer to get to its melting point.
- Place perishable and fragile stickers on the package.
There's no need to cram the box because dead air is a great insulator and Styrofoam peanuts can also be used to maintain separation within the box. Finally, make sure that the recipient has a place out of the sun where the item can be delivered.
Of course, you don't have to go through all of this and still be worried that the food might not be edible when it gets there.
Bring your container of food to your local Vancouver, PA Postal Connections store along with the address and we'll make sure it gets shipped properly. We ship everywhere!


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For the better part of a decade, Rev. David Hudson has been fighting to uncover what's polluting the water in his home town.
Hudson moved to DeBerry, Texas, a poor, predominantly black community straddling the Louisiana border in 2002.
DeBerry lies in the heart of the Haynesville Shale natural gas development. When Hudson moved in, the area was littered with injection wells used to deposit waste from oil and gas drilling deep beneath the earth.
The well sites – often located just a few yards from residents' doorsteps – were busy industrial zones clogged with truck traffic and holding tanks. Oil stains spattered the ground around pipes where waste was pumped underground.
Hudson said he soon noticed that his well water had a metallic flavor and a sharp smell. Congregants in his church told him theirs was cloudy and salty to taste, leaving rings in toilets and sinks. They said they had been complaining to Texas officials since 1996, yet no one had investigated.
"Our cries, they just fall on deaf ears," Hudson said.
Shortly after moving to DeBerry, Hudson sent water from his well and four of his neighbors' to be tested for pollutants. The results showed high levels of chlorides, chemicals found in drilling waste, a federal report said.
According to the report, Hudson shared the tests with Basic Energy Services, the company that operated the waste wells nearby, which sent them to the Railroad Commission of Texas, the agency that regulates disposal wells for oil and gas drilling waste.
Nearly a year after receiving the material, commission officials tested DeBerry's water themselves, confirming that it contained arsenic, cadmium, lead, benzene and other substances. The contamination was extensive enough that they advised DeBerry residents not to drink their water, leaving Hudson and others to purchase bottled water.
In 2004, Texas officials ordered the injection wells in DeBerry to be permanently shut down. A series of 30-foot monitoring wells were drilled to test for leaking waste around the area, and one deeper well was drilled to take samples from 170 feet below. None of the data collected enabled the Railroad Commission to determine the cause of the pollution, however.
To Hudson and others, there were powerful clues in the commission's own records, which showed that one of the injection wells had a history of problems. In 2000, a Louisiana trucking company illegally dumped thousands of gallons of hazardous waste from an oil refinery into it, material far more dangerous than the well was allowed to accept under government regulations. Five years later, a mechanical integrity test detected a crack in the well structure that allowed waste to leak.
"Produced water was observed flowing from between the surface casing and the production casing," a Railroad Commission official wrote to Basic Energy Services in Feb. 2006. "RRC staff requests that Basic immediately evaluate the need for further environmental investigation of groundwater."
Still, federal and state regulators struggled to obtain a definitive answer about what caused the pollution.
According to a 2007 report by the U.S. Environmental Protection Agency's inspector general, the Railroad Commission had a difficult time getting Basic Energy to cooperate. The agency ordered the company to drill additional deep disposal wells to monitor DeBerry's water, but the company refused.
"Basic Energy Services informed the State that it did not believe the contamination was its responsibility, and since the freshwater well had been plugged, deeper groundwater testing could not be conducted," the inspector general's report said.
Basic Energy Services did not return a call requesting comment.
The Railroad Commission told ProPublica that it had done everything it could to solve the mystery.
"The commission investigation did not identify a large plume of hydrocarbon and saltwater in the groundwater that connected the former… facility to residents' water wells," said Ramona Nye, a spokeswoman for the agency. "Commission staff address all water well complaints promptly and base their decisions on science and fact."
Unsatisfied with the state's progress, federal EPA officials took over the investigation in 2005 under the Superfund program, ordering more water sampling around the injection wells. For the first time, a decade after the saga began, the EPA also began supplying bottled water to DeBerry residents.
By 2007, however, the EPA also concluded that injection wells played no part in DeBerry's water contamination.
"A range of surface activities including septic systems, surface spills and/or agricultural and domestic practices caused the ground water contamination," an EPA spokesperson told ProPublica in an April, 2012 email. "Comprehensive review of the admin record for the injection wells in question indicated no ground water contamination from the wells."
The EPA declined to allow any of its staff in Texas to be interviewed for this story, sending written responses to several questions.
The 2007 inspector general report suggested the EPA's conclusion may have been premature, however.
"Region 6 personnel told us they believe evidence shows the contamination did not originate from the injection well," the inspector general's report states. "Neither the State nor EPA has conclusively determined the source of the contamination… The full extent of the contamination, its lateral limits, its depth, and its migration patterns or movement along the groundwater plume is not known."
Earlier this month, EPA officials returned to DeBerry to sample five public drinking water wells, in "response to community concerns," according to a statement sent to ProPublica by the agency Wednesday. The agency did not respond to questions about whether it was reconsidering its previous conclusions.
Hudson has little hope that the renewed scrutiny will yield closure.
"We will always have a problem proving the contaminants are coming from injection wells. You'd have to have a camera underneath the ground somewhere," Hudson said. "Even if they find oil and gas carcinogens in the water, they are going to find another way to say it came from somewhere else. Nobody wants to say what the cause was."


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Future Market Insights has announced the addition of the "Smart Meter Market Projected to Witness a Double-Digit CAGR During 2015 - 2025" report to their offering.
Valley Cottage, NY -- (SBWIRE) -- 02/09/2018 -- On a global scale, many countries are facing challenges to meet the growing demand for energy. Thus utilities are looking for innovative and efficient ways to manage generation, transmission and worldwide distribution of energy. Global smart meter market consists of digital electronic devices for measuring and two-way information sharing to manage and control power consumption by customers. Customers also have the advantage of tracking their energy consumption and billing through internet. Global smart meter market demand is more in residential areas as compared to commercial areas and electric smart meter is prominently used among the types of smart meters. Environmental concerns for reducing carbon and energy wastage and for regulating supply of energy, are major factors driving global smart meter market. Global smart meter market is anticipated to grow with a single digit compound annual growth rate during the forecast period.
A sample of this report is available upon request @ https://www.futuremarketinsights.com/reports/sample/rep-gb-1045
Smart Meter Market: Drivers & Restraints
The major driving factor for the growth of global smart meter market is government support and incentives, as utilities are initially reluctant to make huge investment in new technology without their support. Technological advancements such as smart grid development, infrastructure development, growing population and rise in economic developments are some of the other factors boosting the growth of global smart meter market. The successful deployment of global smart meter market is dependent on logistics which influences the delivery, installation and performance of smart meter. The health effects concerning wireless signals in smart meter, security concerns, regulatory constraints and stiff competition are some of the challenges faced by global smart meter market.
Smart Meter Market: Segmentation
On the basis of product type, global smart meter market can be segmented into following segments:
Smart electric meter
Smart gas meter
Smart water meter
On the basis of application, global smart meter market can be segmented into:
Residential application
Commercial application
On the basis of technology, global smart meter market can be segmented into:
Radio Frequency (RF)
Power Line Carrier (PLC)
Smart Meter Market: Region-wise Outlook
Global smart meter market is expected to exhibit healthy growth in Asia-Pacific and Western Europe regions which is either due to increasing installation of new smart meters as well as upgradation of the existing smart meters. China is expected to display substantial progress of global smart meter market, as incorporated in its five-year nationwide plan to upgrade its grid infrastructure. In Japan, large scale installation by Tokyo Electric Power Company (TEPCO) started on 2014 which is expected to last during the forecast period leading to increase in demand for global smart meter market. In North, America, the growth of global smart meter market is expected to slower down as infrastructure for energy is well developed and funding for the new projects has become limited. In Latin America, global smart meter is set to exhibit steady growth of global smart meter market, as compared to Middle East and Africa.
To view TOC of this report is available upon request @ https://www.futuremarketinsights.com/toc/rep-gb-1045
Smart Meter Market: Key Players
Some of the key players in global smart meter market are: Aclara Technologies LLC., Echelon Corporation, Elster Group GmbH, General Electric, Holley Metering Limited, Iskraemeco d.d., Itron, Kamstrup A/S, Landis+Gyr and Sensus.


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Table of Contents
- What is CALEA?
- What are the different kinds of communications surveillance methods, and how are they relevant to the current debate regarding CALEA?
- Are communications services providers legally obligated to assist law enforcement in carrying out communications surveillance?
- What problem did Congress intend CALEA to solve?
- What is a Notice of Proposed Rulemaking (NPRM)?
- How does the NPRM address the definition of call-identifying information?
- What is the new application of CALEA in the NPRM?
- Does the FCC propose to apply CALEA to all types of online communication, including instant messaging and visits to websites?
- How do the proposed rules endanger technical innovation?
- What surveillance capabilities does CALEA require from telecommunications carriers?
- Does CALEA require carriers to follow certain standards?
- What did law enforcement request in its recent joint petition to the FCC?
- Who will bear the costs of implementing CALEA?
- Why does the NPRM ignore CALEA's "information services" exemption?
- In CALEA, what is the legal difference between "telecommunications carrier" and "information services"?
- Is the FBI trying to dictate how the Internet should be engineered to permit whatever level of surveillance the FBI deems necessary?
- Why can't CALEA be applied to the Internet in the same way it applied to the phone system?
- How are VoIP applications different from telecommunications services?
- What's the likely global impact if the FCC approves the tentative rules set forth in the NPRM?
- What is the administrative timeline for CALEA?
- What happens next?
- How does the EFF want the FCC to proceed?
- How does one comment on the NPRM?
- Who is the contact at the FCC for questions about the process?
- What are some of the key issues on which the FCC seeks comment?
- Are "Trusted Third Party" Models Appropriate?
- What about the Brand X decision?
- Where can I find more information?
What is CALEA?
The U.S. Congress passed the Communications Assistance for Law Enforcement Act (CALEA) in 1994 to aid law enforcement in its effort to conduct surveillance of digital telephone networks. CALEA forced telephone companies to redesign their network architectures to make such surveillance easier. It expressly excluded the regulation of data traveling over the Internet.
What are the different kinds of communications surveillance methods, and how are they relevant to the current debate regarding CALEA?
There are several different kinds of communications surveillance methods. In this FAQ we only discuss "live" or "real-time" communications surveillance, which allow law enforcement to capture information while it's being transmitted. Law enforcement also relies heavily on its power to gather or compel the disclosure of stored communications (like email) and transactional records (like ISP-created logs). CALEA does not directly affect the treatment of stored information.
Some kinds of communications surveillance discern the where, who, and when of a communication, revealing things like telephone numbers called, when they were called, and who was initiating the call — so-called "traffic" or "transactional" information. Other kinds capture the content of a communication session, revealing what exactly was said in a given phone conversation. Under federal law, to use a device to capture the content of a communication is to intercept that communication.
One example of content interception is a "wiretap"—an intercept of a telephone conversation. Originally, wiretaps were accomplished by "tapping" a particular target's telephone wire. Today, the term has a broader meaning, and can include the monitoring of communications occurring via radio link or fax. Congress has noted that "wiretaps . . . are potentially more penetrating, less discriminating, and less visible than ordinary searches." This makes wiretaps an extremely powerful investigative tool for law enforcement, but also highly invasive of individuals' privacy. Wiretaps, and intercepts generally, are far more tightly controlled than types of surveillance that acquire only traffic or transactional data.
Examples of the kind of surveillance methods that discover the "where, who, and when" of a communication are "trap and trace" (capturing the phone numbers on incoming calls) and "pen registers" (which capture numbers dialed out). Both are easily retrievable pieces of information given the current state of telephone technology and service providers' billing practices. Today, both methods also register the duration of a call, as well as whether the call was completed.
Moreover, the FCC has previously permitted the FBI to obtain:
- "Post-cut-through dialed digit extraction": Carriers use tone-detection equipment to generate a list of all digits dialed after a call has been connected. Such digits include not only the telephone numbers dialed after connecting to a dial-up long distance carrier (e.g., 1-800-CALL-ATT), but also, for example, credit card or bank account numbers dialed in order to check balances or transact business using automated telephone services;
- "Party hold/join/drop information": This includes telephone numbers of all parties to a conference call as well as signals indicating when parties are joined to the call, put on hold, or disconnected;
- "Subject-initiated dialing and signaling information": This includes signals generated by activating features such as call forwarding and call waiting; and
- "In-band and out-of-band signaling": This includes information about signals sent from the carrier's network to a subject's telephone, such as message-waiting indicators, special dial tones, and busy signals.
The D.C. Circuit Court in United States Telecom Ass'n v. FCC, 227 F.3d 450 (D.C. Cir. 2000) noted that some post-cut-through dialed digits are "content," but the bulk of the information listed above is not — and thus all potentially accessible without intercept authorization.
All of these terms are important to keep in mind because CALEA was drafted with an understanding of this history and with the traditional telephony field as its focus.
CALEA requires communications carriers to be capable of providing both "call-identifying information" (CII) and call content to law enforcement. In the circuit-switched world of traditional telephony, the meaning of CII was clear: telephone numbers are CII, and the conversations are content. But in the packet-mode world of the Internet, communications are encapsulated (see 16 below — link), and each protocol layer is associated with different "signaling information." Whether a component is "signaling information" or "content" depends on which layer is reading it. Thus CII on the Internet is not a clearly defined concept, although it is in traditional telephony. Compliance with CALEA in the packet-mode world of the Internet will therefore result in significant legal, technical, and economic problems.
The Administrative Office of the United States Courts has provided a "report to Congress [PDF] regarding the number and nature of federal and state applications for orders authorizing or approving the interception of wire, oral, or electronic communications." This report does not include PEN trap wiretaps.
Are communications services providers legally obligated to assist law enforcement in carrying out communications surveillance?
Yes. Even before CALEA, federal law required communication service providers to assist law enforcement in carrying out the interception of communications (whether via telephone or computer network) by providing "all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively."
Indeed, there has been a long history of telecommunications carriers and service providers assisting law enforcement with surveillance. If law enforcement can meet the strict standards of Title III of the Omnibus Safe Streets and Crime Control Act of 1968, court orders permit them to intercept the content of communications (although under the PATRIOT Act, some wiretaps may be done with documentation less stringent than a court order), and communications service providers must comply with law enforcement in facilitating that interception of content.
Law enforcement is now attempting to broaden CALEA by requiring communications service providers to design their networks to make it easy and fast for law enforcement to perform wiretaps, pen-register, and trap-and-trace surveillance on a large number of people. In other words, the FBI wants service providers and equipment manufacturers to design their networks to be surveillance-friendly from the ground-up and starting at the product design phase. CALEA would then serve as a technology mandate, imposing design or architecture duties upon communications technology itself to "guarantee" that surveillance will always be fruitful. This is a far cry from simply requiring communications service providers to assist law enforcement in retrieving information or content that is reasonably available given the current state of technology.
What problem did Congress intend CALEA to solve?
Congress passed CALEA to force telecommunications carriers to design their networks so as not to impede authorized law enforcement surveillance requests. At the same time, CALEA's legislative history shows that Congress recognized the need to protect the privacy of communications "in the face of increasingly powerful and personally revealing technologies" (H.R. Rep. No. 103-827, 1994 U.S.C.C.A.N. 3489, 3493 (1994) (House Report)) by mandating that carriers protect the privacy and security of communications and call-identifying information not authorized to be intercepted." (47 U.S.C. § 1002(a)(4)(A)). And Congress explicitly recognized the need to accomplish both of these goals without impeding innovation in the marketplace for new technologies, products, and services (see House Report).
The ability of law enforcement to conduct surveillance is not at issue in the current debate regarding CALEA. Rather, the dispute regarding CALEA centers on two issues: (1) what constitutes "content" on the Internet, and (2) the extent to which the government can mandate technical innovation.
What is a Notice of Proposed Rulemaking (NPRM)?
CALEA, like most complex laws, provides for a regulatory agency (in this case, the Federal Communications Commission) to institute regulations to further define the law's application. Both the FBI and the FCC have published CALEA regulations.
To institute a new regulation, the FCC generally publishes a Notice of Proposed Rulemaking in the Federal Register, providing a period of time for organizations, industry and members of the public to submit comments to the FCC. After receiving comment on the proposed rules, and sometimes holding a public hearing, the FCC issues a Final Rule, which then enters the Code of Federal Regulations. The FCC's interpretation is still subject to overview by the courts.
Initially, law enforcement sought an "expedited rulemaking" from the FCC, which would have curtailed the commission's usual lengthy review process. While the NPRM process is better than the expedited rulemaking, the tentative conclusions in the NPRM are still so sweeping that Congress, rather than the FCC, is the appropriate law-making body to evaluate and determine if CALEA should be amended.
How does the NPRM address the definition of call-identifying information?
The concept of call-identifying information ("CII") in packet-switched technology has no agreed-upon definition or scope at present. But law enforcement proposes to treat the fine-grained "transactional" information you can get by surveilling the Internet as being comparable to that available in the traditional phone network arena. As the FCC concedes, broadband access providers may not be able to easily isolate call-identifying information without examining the packets in detail, which would necessarily require examining the packet content. The NPRM seeks further comment on how to define call-identifying information in packet technologies, and how much information is "reasonably available" to broadband access and VoIP providers.
In the Internet context, one could interpret CII to mean that at most only the network layer transactions, along with source and destination IP addresses, should be treated as the functional equivalent of telephone numbers. And this would be only to the extent that those IP addresses do not map directly to a particular web page. The FBI's petition seeks rules far beyond Congress's intent when enacting the statute. They pose serious constitutional questions regarding the extent to which individuals' privacy may be invaded by government for investigative purposes.
What is the new application of CALEA in the NPRM?
The NPRM tentatively imposes CALEA obligations upon both broadband Internet access services and certain voice over Internet protocol (VoIP) services.
Broadband Internet access providers are all "facilities-based providers of any type of broadband Internet access service," including "wireline, cable modem, satellite, wireless and broadband access by powerline." Broadband is defined as any connectivity providing more than 200 kbs downstream.
By "facilities-based," the FCC refers to "entities that provide transmission or switching over their own facilities between the end user and the Internet Service Provider." The FCC interprets "switching" to "include routers, softswitches, and other equipment that may provide addressing and intelligence functions." This significantly broadens the understanding of "switches" in a telecommunications environment, as the term was previously thought to mean circuit-based switches.
The NPRM holds that "providers of managed VoIP services, which are offered to the general public as a means of communicating with any telephone subscriber, including parties reachable only through the PSTN, are subject to CALEA." However, "managed" is not directly defined, with the FCC adopting the Law Enforcement description of "those services that offer voice communications calling capability whereby the VoIP provider acts as a mediator to manage the communication between end points and to provide" call management information.
In addition, the FCC issued a Declaratory Ruling that commercial wireless "push-to-talk" services are subject to CALEA.
Does the FCC propose to apply CALEA to all types of online communication, including instant messaging and visits to websites?
Not yet. The NPRM proposes CALEA coverage of "only" broadband Internet access services and managed VoIP services, and excludes instant messaging and email. However, the FCC's broad understanding of the substantial replacement clause will create a stifling regulatory environment in which law enforcement will undoubtedly contend that other emerging communications technologies fall under CALEA. And industry could add surveillance-ready equipment, services, and network capability as an attempt to appease law enforcement given the current national focus on homeland security (and indeed some already have — see Cisco's CALEA architecture, which is expected to become a more formal RFC at some point). Given product-development cycles that can take two years or more, industry may hedge its bets by building in surveillance-friendly features now rather than waiting for government mandates. Inevitably, law enforcement will seek over time to bring more and more communications services under the CALEA umbrella.
How do the proposed rules endanger technical innovation?
In recent years, the FCC has been committed to lowering government barriers to innovation and the deployment of new services. However, the broad understanding of what it means to be a substantial replacement of the local telephone exchange — and therefore subject to CALEA — means that industry would be constantly under the threat of CALEA compliance costs. VoIP and broadband Internet access may be under the gun now, but a host of technologies — online gaming, instant messaging services, video conferencing systems and others — face the threat that law enforcement will look to them in the next petition.
Thus, rather than industry driving innovation, government would be dictating functionality. U.S. leadership in technological innovation would slip because time to market for new U.S. products would lengthen to accommodate surveillance technologies. Moreover, U.S. products would be less attractive outside the country because international customers won't want technology designed to facilitate U.S. surveillance. America's global competitiveness will be further eroded by overseas companies who will surely develop technology to circumvent CALEA surveillance capability.
What surveillance capabilities does CALEA require from telecommunications carriers?
If a carrier receives a court order or other lawful authorization, it must be able to: (1) quickly isolate all wire and electronic communications to and from a targeted person; (2) quickly isolate call-identifying information (numbers they've called and calls they've received) of a targeted person; (3) provide intercepted communications and call-identifying information to law enforcement; and (4) carry out intercepts unobtrusively, so targets are not made aware of the electronic surveillance, and in a manner that does not compromise the privacy and security of other people using the carrier.
Does CALEA require carriers to follow certain standards?
Yes. But CALEA relies on industry to set standards — not law enforcement. CALEA states that if a communications carrier complies with "publicly available technical requirements or standards adopted by an industry association or standard-setting organization," the government will consider it to be CALEA-compliant (Section 107(a)(2) of CALEA).
Subcommittee TR-45.2 of the Telecommunications Industry Association (TIA), along with Committee T1 of the Alliance for Telecommunications Industry Solutions, developed interim standard J-STD-025 to serve as a CALEA standard for wireline, cellular, and broadband PCS carriers and manufacturers. It defines how these carriers can assist with lawfully authorized electronic surveillance, and specifies interfaces necessary to deliver intercepted communications and call-identifying information. However, this standard has been under revision for some time and law enforcement has made numerous efforts to significantly modify this industry-led, standard-setting effort. The recent CALEA petition is simply their latest effort to do this.
What did law enforcement request in its recent joint petition to the FCC?
On March 10, 2004, the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) filed a joint petition for expedited rulemaking with the Federal Communications Commission (FCC). The petition asks the FCC to issue a declaratory rulemaking that accomplishes the following:
- significantly broaden CALEA's scope by issuing a Declaratory Ruling or other formal FCC statement (rather than the usual rulemaking procedures), and ultimately adopt final rules, bringing broadband access services and broadband telephony services under CALEA;
- adopt rules that provide for the easy and rapid identification of future CALEA-covered services and entities as a way for CALEA to swallow emerging technologies that might not have been originally contemplated as within CALEA's scope;
- establish deadlines for CALEA packet-mode compliance to force communications providers to build in surveillance-ready networks;
- adopt rules that provide for the establishment of deadlines for CALEA compliance with future CALEA-covered technologies so that the federal government becomes a gatekeeper to future product and service development in the Internet sphere;
- establish rules to permit it to request information regarding CALEA compliance generally although the FBI has given no specifics on this vague request;
- establish procedures for forcing carriers to comply with their CALEA obligations; and
Who will bear the costs of implementing CALEA?
Consumers. The NPRM's proposed expansion of CALEA concluded that carriers should forced to spend millions of dollars on CALEA compliance. The FCC explores a mechanism by which these costs will pass to their customers, including a Commission mandated flat monthly charge. Quite literally, then, consumers would be subsidizing the surveillance state.
Why does the NPRM ignore CALEA's "information services" exemption?
Otherwise CALEA's "information services" exemption would have prohibited the unprecedented expansion of CALEA's scope. The NPRM proposes that providers of broadband Internet access services, which previously have been classified as "information services," be defined for CALEA purposes as "telecommunications carriers" though they would still be "information services" under the Communications Act. The FCC interpreted CALEA to have a different meaning for "telecommunications carriers," such that where a service provider is determined to be a "telecommunications carrier" under the CALEA substantial replacement clause, it can no longer qualify for the "information services" exemption.
To reach this conclusion, the NPRM ignores the plain language of the law, as well as legislative intent. Congress clearly excluded "information services" from CALEA's requirements. The legislative history states that "all information services . . . [are] excluded from coverage," and that "the bill does not require reengineering of the Internet . . . [or] impose prospectively functional requirements on the Internet." As the D.C. Circuit has explained, "CALEA does not cover 'information services' such as e-mail and internet access."
In CALEA, what is the legal difference between "telecommunications carrier" and "information services"?
Under CALEA's definitions, if one is "engaged in providing information services," then one is absolutely not a "telecommunications carrier." A telecommunications carrier is defined as "a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire," and specifically excludes "persons or entities insofar as they are engaged in providing information services."
However, if the FCC determines that it is in the public interest to deem "a person or entity" a "replacement for a substantial portion of the local telephone exchange service," then it may do so. While Law Enforcement was unable to provide any examples of broadband or VoIP actually replacing the local exchange service, the NPRM reads "substantial" out of the clause, finding it means any portion, and suggesting that broadband replaces the "portion" where home computer users used to dial-up (via POTS) to their ISP.
Furthermore, the proposed rule ignores the "information services" exemption, finding that it does not apply to entities under the substantial replacement clause, and ignores Congress' stated "intention not to limit the definition of 'information services' to such current services, but rather to anticipate the rapid development of advanced software."
Is the FBI trying to dictate how the Internet should be engineered to permit whatever level of surveillance the FBI deems necessary?
Yes. What the FBI is really asking for is a massive overhaul of how the Internet works to make it easier for federal agents to listen in on people's digital conversations. EFF believes that law enforcement should not be allowed to have veto power over proposed innovations to the Internet in order to make spying easier. In addition, federal agencies should not force the broadband industry—and by extension, its consumers— to bear the considerable costs of purchasing and implementing surveillance-ready network technologies simply because it suits the government's needs.
Why can't CALEA be applied to the Internet in the same way it applied to the phone system?
The FBI would like all call-identifying information that is available in phone-network technology to be available in computer-network technology, even if it is not "reasonably available." However, packet-mode (i.e., computer) technologies can transmit a huge variety of services, and the information that law enforcement seeks may be buried in several layers of encapsulated packets. The issue is the scope of call-identifying information, and the question is whether that data is reasonably available and achievable in packet-mode technology as it is in circuit-mode (i.e., phone) technology. The NPRM tentatively concludes that CII may not be "reasonably available" if the information is only accessible by significantly modifying a network, but seeks comment on what information would available.
CALEA never contemplated that the information available in circuit-mode telephone systems would be the measuring stick for all future technologies. If law enforcement gets its way, it would obtain considerably more information about individuals merely by certifying that it is relevant to an investigation.
For purposes of CALEA, what distinguishes the Internet from the traditional phone system is something called "encapsulation." Encapsulation is the process of adding protocol-control information to a service data unit ("SDU," the information passed from above layer), thus forming a protocol data unit (current layer) to be passed as an SDU to the layer below.
On the Internet, traffic is defined and routed via "stacked" protocol layers that allow different Internet hosts to focus only on the addressing information that they need to move packets from one point to another. An explanation of protocol layers is available here.
Layers are:
- Applications and Programs
- L7 Applications layer
- L6 Presentation layer
- L5 Session layer
- L4 Transport layer
- L3 Network layer
- L2 Link layer
- L1 Physical layer
- Cabling
Packet activity reporting as requested by law enforcement requires the network to report on data that it does not manage. The network manages the connection, not the data. To require otherwise would significantly impact the development and deployment of network equipment. In the circuit-switched world of traditional telephony, the meaning of "call-identifying information" ("CII") was clear: telephone numbers are CII, and the conversations are content. But in the packet-mode world of the Internet, communications are encapsulated as described above, and each protocol layer is associated with different "signaling information." Whether a component is "signaling information" or "content" depends on which layer is reading it. As the NPRM recognizes, it may not be easy to isolate call-identifying information without examining packet content. Thus CII on the Internet is not a clearly defined concept as it is in the traditional telephony environment.
How are VoIP applications different from telecommunications services?
VoIP refers to a vast array of technologies that transmit voice over the Internet. A traditional telecommunications service, however, generally relies upon on one kind of protocol that is treated in the same way throughout the telephone network. VoIP, however, can refer to any number of applications. Skype manufactures a VoIP application that uses cryptography and a peer-to-peer architecture. Vonage, on the other hand, makes a VoIP application that links phones from the traditional telephone network to the Internet via special servers. These applications, while both routing phone calls through the Internet, do it in dramatically different ways using extremely different software.
The NPRM proposes to place "managed" VoIP under the purview of CALEA. However, "managed" is not directly defined, adopting the Law Enforcement description of "those services that offer voice communications calling capability whereby the VoIP provider acts as a mediator to manage the communication between end points and to provide" call management information.
There is a real danger when the government tries to regulate software applications as if they were telecommunications services. While a traditional telecommunications service like the telephone network is easily defined, VoIP software applications aren't. Inevitably, confusion will result, with possibly disastrous results for the software industry.
What's the likely global impact if the FCC approves the tentative rules set forth in the NPRM?
Building in "back doors" for law enforcement is likely to increase the market demand for foreign competitor offerings to U.S. software and hardware products. If the FCC enacts the tentative rules, it will impair innovation and drive Internet development offshore. Another possible problem would be U.S.-based criminals or terrorists importing gray-market equipment that is "CALEA-free." CALEA-driven mandates will cause technologies to be developed overseas to circumvent U.S. surveillance capability.
What is the administrative timeline for CALEA?
1994 | Congress passes CALEA. |
15 August 2000 | In the case of United States Telecom Association, et al., Petitioners v. Federal Communications Commission and United States of America, respondents and AirTouch Communications, Inc., Interveners. (D.C. Circuit, August 15, 2000) the United States Court of Appeals for the District of Columbia Circuit partially vacates and remands to the FCC the Third Report and Order. The court refuses to vacate the FCC's Order with respect to packet-mode communications and location information, so these two capabilities are not altered by the court's decision. |
21 September 2001 | FCC releases Order FCC 01-265, in which it denies CTIA's request for a blanket extension of the September 30, 2001 compliance deadline for these carriers to implement a packet-mode communications capability. However, due to the imminence of the packet-mode compliance deadline, the FCC grants these carriers until November 19, 2001, either to come into compliance or seek individual relief. |
19 November 2003 | FCC releases Public Notice DA-03-3722, in which the Wireline Competition Bureau and Wireless Telecommunications Bureau extends, until January 30, 2004, unless superseded by a final determination on the merits of individual petitions, the current November 19, 2003, preliminary extension granted to wireline and wireless carriers who filed for extensions of packet-mode surveillance capability requirements. |
12 March 2004 | FCC releases Public Notice DA 04-700 to request comments as a result of rulemaking proceeding RM-10865 opened at FBI's request. |
17 March 2004 | DOJ, FBI, and DEA issue press release regarding joint petition. |
9 August 2004 | FCC issues Notice of Proposed Rulemaking |
??? | FCC publishes Notice of Proposed Rulemaking in Federal Register |
What happens next?
The NPRM was formally published in the Federal Register on September 23, 2004. Comments are due November 8, 2004, and reply comments are due December 7, 2004. After receiving comment on the proposed rules, and potentially holding a public hearing, the FCC can issue a Final Rule, which then enters the Code of Federal Regulations.
How does the EFF want the FCC to proceed?
The EFF believes that the FCC's interpretation of the "substantial replacement" clause is fundamentally flawed, and does not support the expansion of CALEA proposed in the NPRM. Therefore, we would like the FCC to abandon the proposed rule, and allow Internet technologies to continue to flourish without government-mandated limitations.
How does one comment on the NPRM?
You may file comments on or before November 8, 2004, and reply comments on or before December 7, 2004. Comments may be filed using the FCC Electronic Comment Filing System, by email or by filing paper copies. For short comments, you can use ECFS Express.
To get filing instructions for e-mail comments, send an email to firstname.lastname@example.com and include "get form <your e-mail address>"in the body of the message. If you choose to file by paper, you must file an original and four copies of each filing. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554. All filings must be addressed to the FCC Secretary, Office of the Secretary, Federal Communications Commission.
Who is the contact at the FCC for questions about the process?
For further information concerning this proceeding, you can contact the FCC's Office of Engineering and Technology's Rodney Small at (202) 418-2452 (firstname.lastname@example.com) or Geraldine Matise at (202) 418-2322 (email@example.com). Contact the FCC only for questions about procedure; comments about the proposed rule should be offered as described above.
What are some of the key issues on which the FCC seeks comment?
- FCC's interpretation of the substantial replacement clause and underlying definition of telecommunications carrier.
- The meaning of "public interest" in the FCC's consideration of the substantial replacement clause.
- What call-identifying information is "reasonably available" without modifying the network.
- Whether to identify future services and entities subject to CALEA.
- Feasibility of "trusted third parties" to provide CALEA compliance services.
- Appropriateness of available industry standards and specifications to serve as safe harbors for CALEA compliance.
Are "Trusted Third Party" Models Appropriate?
The FCC proposes to allow third parties to manage government surveillance requests: a private company would analyze all the data from a telecommunications carrier, extract information relevant to the court order, and send it to law enforcement.
Privatizing this traditionally government function is inappropriate. There's no assurance that private entities will safeguard the privacy and security of information not authorized to be collected. Where covert surveillance is at issue, we must ask, "who will watch the watchers?"
Currently, several large corporations are already offering CALEA services that might result in a loss of privacy for consumers. For example, VeriSign offers a legal intercept service to ISPs, which requires the providers to pipe all their data to VeriSign. Then the company's employees analyze the data, extract information relevant to the court order, and send it to law enforcement. This transaction leaves personal data potentially vulnerable when it travels from the service provider's network to VeriSign's. It also places the personal data of innocent people in the hands of a third party without customer consent. It's unclear how these "trusted third parties" can be overseen effectively to protect your communications. If too much information is collected, will you know about it?
More generally, services like these support and expand what the ACLU has called the Surveillance-Industrial Complex. Since compliance with surveillance requests is a significant cost for carriers, telecommunications companies have acted as a check on government power, lobbying against excessive proposals. Now, private entities that profit from surveillance will have an incentive to lobby for more government surveillance powers.
What about the Brand X decision?
In the FCC v. Brand X case, the Ninth Circuit ruled against FCC regulation [PDF] of broadband cable services as an "information service" under the Communications Act, concluding that "cable broadband service was not a 'cable service' but instead was part 'telecommunications service' and part 'information service.'" The FCC has sought certiorari [PDF] from the Supreme Court.
The NPRM essentially ignores the Brand X case, adopting the position that the definitions in the Communications Act are different from CALEA, and thus do not require consistent interpretations. However, some of the FCC Commissioners expressed reservations about the tension between the Brand X holding and the NPRM. Comm. Jonathan Adelstein wrote in a separate statement [PDF] that the NPRM's "failure to seek comment on a legal analysis that would comport with the Circuit's holding is an unnecessary failing." Comm. Michael Copps opined [PDF] that "ignoring the Ninth Circuit's decision in Brand X... is not the way to proceed here." As Comm. Kathleen Abernathy acknowledges [PDF], "at the end of the day, the federal courts — rather than this Commission — will be the arbiter of whether we are authorized to take the actions proposed in this rulemaking..."
Where can I find more information?
- "Introduction to the Internet" by Cisco Systems
- Law Enforcement's CALEA site
- Federal Communications Commission's CALEA site
- U.S. Department of Justice's CALEA site
- Administrative Office of the United States Courts' Wiretap Report
* Special thanks to volunteer lawyer Kristin Weissman for helping to author an earlier version of this document.


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Taco Bell handing out free Doritos Locos tacos today
LOS ANGELES - It absolutely does not matter who you're rooting for in the NBA Finals because the Golden State Warriors just scored free tacos for America.
Everyone gets a free taco from Taco Bell thanks to the Warriors' Game 2 victory over Toronto.
Whether your team wins or loses, Taco Bell is game to unite salty and joyous fans alike through a truly stressful NBA final.
"We're excited to partner with the league for the NBA Finals once again, allowing sports and taco fans nationwide to unite over one thing - rooting for tacos," said Marisa Thalberg, Global Chief Brand Officer at Taco Bell Corp in a press release.
Taco Bell originally collaborated with the NBA to launch its first-ever "Steal a Game, Steal a Taco" giveaway in 2016, in which the first game the road team wins will automatically win everyone in America a free Doritos Locos Taco.
This is the first year the promotion expands into Canada thanks to the Raptors making it into the NBA Finals for the first time.
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text:
Here's a New Mixtape of OutKast Rarities & Remixes from MICK (Boogie) (Mixtape)
MICK (formerly known as Mick Boogie) has put out countless classic mixtapes over the years, and he's just added another to his collection. In honor of OutKast's Coachella reunion, MICK has released Greetings Eartling: OutKast Rarities & Remixes. Check out MICK's words on the project, the full stream and download below.
From MICK:
"Greetings Earthling: Outkast, hands down, is one of my favorite groups of all time – in any genre of music. Their music set trends, defined a generation, and created a mood unlike any other. In honor of their Coachella reunion, I put together a fun mix of Big Boi and Andre 3000 rarities, demos, collaborations and remixes. If you're a MICK (or Mick Boogie – remember him?) fan, you'll find this similar to the retrospectives I did for A Tribe Called Quest and the Beastie Boys. If you're looking for Outkast's greatest hits or stuff from their albums, you're out of luck. Go to iTunes and buy those right now. If you're a true fan and looking to dig a little bit deeper and really enter the world of the Dungeon Family – this is made for you. And it's hella long – maybe TOO long – almost two hours! Lastly, check out the special painted original cover we created – made by Deftone of Jolly Awesome. Take me to your leader…"
Here's the tracklist:
1. Greetings Earthling Intro
2. Royal Flush (f/ Raekwon)
3. Everlasting
4. Sole Sunday (f/ Goodie Mob)
5. Throw Your Hands Up (f/ Eightball)
6. Watch For The Hook (f/ Cool Breeze)
7. Black Ice (f/ Goodie Mob)
8. I Can't Wait (f/ Sleepy Brown)
9. High Schoolin'
10. Neck Uv Da Woods
11. Funkin' Around
12. Tough Guy (f/ UGK)
13. In Due Time (f/ Cee-Lo Green)
14. Thought Process (f/ Goodie Mob)
15. Benz or Beamer
16. Rats and Roaches (Demo Mix)
17. Phobia
18. Dirty South (f/ Goodie Mob)
19. Da Art Of Storytellin' Part 4
20. Millionaire (Baptiste Montigy Remix)
21. Smokefest
22. Hollywood Divorce (f/ Lil Wayne)
23. Southernplayalistic (Diamond D Remix)
24. Sorry
25. What A Job (f/ Devin The Dude)
26. The Mighty O
27. Street Talkin' (f/ Slick Rick)
28. Da Art Of Storytellin' Remix (f/ Slick Rick)
29. In Da Wind (f/ Cee-Lo and Trick Daddy)
30. Lookin' For Ya (f/ Sleepy Brown)
31. International Players Anthem (f/ UGK)
32. Deuces
33. Pink Matter (f/ Frank Ocean)
34. Dez Only 1 (f/ Witchdoctor)
Related: Outkast Reunites On The Coachella Stage After A Decade Concert Absence (Video)
Props on the spot: NahRight


text: A security granting the holder the right, but not the obligation, to purchase a specified number of a company's securities at a designated price at some point in the future. The term is generally used in connection with employee benefit plans as incentive stock options and non-qualified stock options. However "stand-alone options" may be issued outside of any plan and are generally non-transferable.


text:
The city centre travelling west: |
The city centre heading east Main stages: Cairoli Square, Vittoria Square, archaeological ruins , Church of St. Lucy, Church of Christ and Porta Lecce. |
On seafront Main stages: S.Giacomo Bastion, Vittorio Emanuele Square, seafront of the inner port, Tourist's House, Sciabiche and Italian Sailor Monument. |
The surrounding of the City Main stages: Tancredi Fountain, Brindisi Marina, Aragonese Castle |
Width the friendly concession of BrindisiWeb.com © Copyright


text:
General Terms of Use of iversity Learning Solutions GmbH for the platform iversity.org ("Terms of Use")
Comment on these Terms of Use
A gender-sensitive language is one of the basic communication principles at iversity. However, when it comes to official wording and legal terminology this is unfortunately not always possible. We therefore apologize for instances of failing to fully adhere to the standards of gender-sensitive writing in the following terms of use. Of course, we continue to do our best wherever we can to write and speak in a gender-sensitive manner.
iversity.org is an internet based platform ("Platform") run by iversity Learning Solutions GmbH ("iversity"), for the use of so called Massive Open Online Courses ("MOOC"). The Platform aims primarily at students who would like to enrol in courses of universities other than their actual course of study. But also anybody else interested in further academic studies can join the Platform's courses ("User"). iversity therefore caters to the need of communication between teachers and students and provides to this end the technical Platform. iversity does not participate in the content related exchange between the Users. Due to the academic environment of the Platform, iversity aims to keep a healthy balance between the free flow of information and intellectual property rights, keeping the best interests of its Users in mind. iversity is aware that the Users of the Platform expect all personal data conveyed to iversity to be handled with utmost care. Our basic principle: The User has complete control over the content posted by him or her (such as files, discussions, links, etc.). iversity will use the data provided by its Users solely for the purpose of providing a reliable and useful service. Further information on handling personal data of Users can be found in the privacy policy.
iversity expects its Users to display the same level of care in dealing with the personal and intellectual property rights of other Users and rights holders. To ensure a productive and safe work environment, it is indispensable to adhere to some general principles. Please see point 9 for those principles.
By registering for the Platform the User agrees to accept the validity of and ensure compliance with these terms of use. The User can read and print, download and save these Terms of Use at any time, even after the conclusion of the agreement on the Platform's website by following the link Terms of Service.
1. Scope
The following terms of use apply to the use of the Platform and to all connected services offered by iversity. The Terms of Use also apply to the use of iversity via mobile devices.
2. Registration and Conclusion of the Agreement
2.1 In order to be able to use the Platform, the User is required to register. After registration a contract between the User and iversity about the use of the Platform is concluded ("user contract"). The registration for, and use of, the Platform is free for all users.
2.2 Only Users who are at least 18 years of age are allowed to register for the Platform.
2.3 A User can register for the Platform either by completing a registration form or logging in through an existing facebook-account or another account of a comparable internet service.
2.3.1 If the User choses to log in with their facebook-account or the account of a comparable internet service, the user contract will be concluded after completing the account data of facebook or a comparable internet service and the agreement to the validity of these Terms of Use and the data privacy policy and upon clicking the button for registration.
2.3.2. If the User choses the completion of the registration form, they need to make sure the data provided is complete and correct. It is prohibited to register for an account under a different name or otherwise inaccurate information. In particular, iversity advises against the abuse of titles and occupational titles (§ 132a StGB). The User is also required to immediately notify iversity of any changes of their data. Before filing the registration form the User has to confirm that they read these Terms of Use as well as the data privacy policy for the use of the Platform and agree to their validity. Please note that the contract about the use of the Platform is not yet concluded when sending the registration form by clicking on the respective button.
After sending the registration form the User receives a confirmation e-mail from iversity to the e-mail address they provided in the registration form. In this e-mail the user is asked to confirm again the provided data, the data privacy policy and the acknowledgement of, agreement to and compliance with the Terms of Use, in particular re the user obligations laid down in point 9. This confirmation e-mail represents the offer for concluding the user contract including these Terms of Use. The User accepts this offer by confirming the registration through clicking on the activation link provided in the e-mail. The user contract between iversity and the User will be concluded at the moment iversity receives the electronic confirmation from the User.
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iversity Learning Solutions GmbH
c/o Springer-Verlag GmbH
Heidelberger Platz 3
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Further contact details can be found in the legal note on the website of the Platform.
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2.6 iversity may refuse a registration without stating reasons for the decision. The User is not entitled to conclude a user contract.
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3.2 The login data (see point 2.5) as well as the user account are not transferable and may only be used by the registered User themselves. The User must not pass or allow the use of the login data to any third party. The login data has to be kept in safe custody and must not be disclosed to anyone.
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iversity is entitled to temporarily or permanently lock the User's account and / or withdraw access rights from the User with immediate effect or within a period of time at the discretion of iversity and / or terminate the user contract without giving notice in case the User violates these terms of use, in particular if
- false information were provided during registration,
- unauthorized disclosure of login data and / or other forms of abuse of the Platform.
In these cases, the User is not allowed to register again without iversity's prior written consent.
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iversity is aware that a highly sensitive treatment of all personal data submitted by the Users to iversity is of great importance to the Users. For further information regarding the details of iversity's handling with personal data please see the privacy policy.
5. The contents of the agreement - what does iversity provide?
5.1 On the Platform, MOOCs are offered for a variety of different areas. These courses are supported by interactive elements. In particular, iversity helps to bring together the Users and gives them an opportunity to participate in MOOCs. iversity provides the technical applications but does not participate in any communication with regard to the contents.
5.2 The participation in. or the completion of, a MOOC does not constitute any legal relationship of any kind between the User and the university or organization providing the course or the respective lecturer. In particular, the User does not apply for or enrol in any courses at the university or organization.
5.3 iversity reserves the right to cancel, change or delay courses at any time. The User is not entitled to participate in a specific course and / or at a specific time.
5.4 For certain courses exams can be taken in accordance with the procedure provided online for the respective course. iversity reserves the right to change, delay or cancel the examination procedure, in particular with regard to the emphasis of the results. For certain courses it is also possible to obtain a certificate. If this is possible and subject to which conditions, is at the discretion of iversity as agreed with the respective course provider. The conditions for the award of a certificate may change anytime. iversity will not be liable for any damages incurred by the User as a result of such change of conditions. Unless stated otherwise, certificates do not represent an academic certificate and do not prove academic achievements.
5.5 The exact scope and the details of certain functions of the Platform can be found on the Platform's website.
5.6 Aside its own functions iversity also offers third party functionalities in the form of apps, or provides links to third party content. In such cases, apps or third party content are clearly marked as such. iversity is not responsible for these offers and cannot exert any influence on them. Any contracts resulting from third party apps are concluded only between the User and the third party, governed by the provisions of the respective provider.
5.7 iversity may provide the User with news on the Platform, e.g., new features, as well as on modifications or upgradings of iversity's services, via e-mail to the e-mail address provided during registration, provided that the User agreed to the receipt of such a newsletter. If the User does not want to receive news about the Platform they can unsubscribe from the service by sending an e-mail to email@example.com at any time, or stop the receipt by changing their account settings. Furthermore, every e-mail contains a link to unsubscribe from the e-mail list.
5.8 iversity aims to develop the Platform gradually and in close collaboration with the Users. Therefore, iversity reserves the right to expand, supplement and modify the services of the Platform or offer different services. However, this should not lead to any unreasonable restrictions of the User's current organization on the Platform as the aim is to improve the system and not to reduce the functionality. In the event of extensions, supplements or modifications to the service, all User data will be preserved unless the User explicitly consents to the deletion of certain data or deletes them himself.
6. Free of Charge Services, Term and Termination
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6.4 Upon termination of the user contract the user account will be closed and the User profile including the contents will be irrevocably deleted by iversity. A recovery of the contents after termination is, due to technical reasons not possible. However, data and content that the User has released for other Users to access or posted in discussion forums will not be automatically deleted even after the contract has been terminated (see also section 8.2). If a User wishes to delete data published and shared by them, it is their responsibility to delete such data before the termination of the agreement. iversity is not responsible for the use of data and content by other Users, which the User has not deleted before their contract has been terminated.
7. Right of Revocation
If the User concludes the user contract with iversity as a consumer, they have a statutory right of revocation. Consumer means every natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession.
Revocation Instructions
Right of revocation
You have the right to revoke your contractual acceptance within 14 days in text form (e.g,. letter, fax, e-mail) without stating your reasons for doing so. The period begins on receipt of this notification in text form, but not before the contract has been concluded or our information obligations have been fulfilled according to Article 246 sec. 2 in conjunction with sec. 1 para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our information obligations according to sec 312g para. 1 sentence 1 EGBGB. Revocation shall be considered timely if the notice of revocation is dispatched within the above period. The revocation must be addressed to:
iversity Learning Solutions GmbH
c/o Springer-Verlag GmbH
Tiergartenstrasse 17
D-69121 Heidelberg
E-Mail: email@example.com
Consequences of revocation
In the event of a valid revocation, services received on both sides are to be returned including any emoluments taken (e.g. interest). If you are unable to return or restitute parts or all of the services received as well as the emoluments (e.g., benefits of the use), or are only able to return or restitute them in a deteriorated condition, you will have to compensate for the loss of value where applicable. This may mean that you nevertheless have to fulfill the contractual payment obligations for the period prior to revocation. Obligations to refund payments have to be fulfilled within 30 days. This period begins when you dispatch your notice of revocation, for us, upon receipt of the notice.
Special Notes
Your revocation right shall expire prematurely if both parties perform the contract in full at your explicit request before you exercise your revocation right.
Withdrawal form
If you wish to withdraw from an order, complete and return this form to: iversity Learning Solutions GmbH, c/o Springer-Verlag GmbH, Tiergartenstrasse 17, D-69121 Heidelberg, Email: firstname.lastname@example.com
I hereby give notice – within the statutory deadline – that I withdraw from the following order:
— Order date* recieved on*
— Customer name
— Customer address
— Date
* Delete as appropriate
End of revocation instructions
8. User generated content, copyright and other rights to content
8.1 The User is and remains the author of their copyright protected work the "User Content"). The same applies after publication of User Content on the Platform.
8.1.1 The user grants iversity for the operating of the Platform and for the display of the User Content the transferable, non-exclusive rights unlimited in respect of time and place to the works published on the Platform. This includes the right to distribute, reproduce, adapt, make available, broadcast and retransmit and to recite, perform and present in public. In particular, they grant iversity the right to make the User Content available on the Platform in any form, and to undertake any adaptations and reproductions that are required for this purpose (storage on the servers of iversity, etc.) and to permit reproductions to other Users. This also includes the right to undertake acts of exploitation within the context of additional functionalities applicable at any given time, such as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services) and the use of User Content in optimized versions of the Platform on mobile devices or of apps. The rights granted are always limited to functions and features of the Platform. The User hereby agrees to a possible assignment of rights.
8.1.2 iversity also reserves the right to open the Platform using an appropriate application programming interface (called API), so that the Platform may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by the User. The User can determine whether the contents shall be accessible by the public. In that regard, the User grants iversity the right to permit the exploitation of rights to third parties to the same extent as they were granted to iversity. This shall not affect iversity's entitlement to continue to use the rights granted to iversity.
8.1.3 The rights granted to iversity according to the provisions above do not allow it to exploit the Users Content independently of the Platform. Any reproduction or use of the contributions and their content in other electronic or printed publications beyond iversity's service without the prior written consent of the User is not permitted. If Users delete their data, the grant of rights to iversity ends as well and the granted rights shall revert to the user.
8.2 iversity provides discussion forums on the Platform where the User can discuss the courses provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content published in discussion forums are publicly accessible. Every User can delete, at any time, content they provided.
8.2.1 The Platform thrives on User generated information which are linked in various ways and in some cases build upon one another (especially in discussions and comments of individual courses). The granting of rights pursuant to the entire sec. 8.1 is therefore irrevocable and continues even after the termination of the user contract in order to enable the continuing operation of the Platform. This applies as well if an exploitation right was assigned to a third party by iversity. Content uploaded onto the Platform by the User for public access may remain publically available, even after termination of the User contract by the User (see sec. 6.4 for deletion of data). However, this does not apply for the User profile, which will be deleted in any case after termination of the user contract (see sec. 6.4).
8.2.2 Without prejudice to secs. 8.2 and 8.2.1 iversity reserves the right to delete certain contents without giving any reasons. The User is not entitled that certain content remains on the Platform.
8.3 Any content provided by iversity or a third party may be protected by copyright or other intellectual property (e.g., logos of universities or organizations). The User is granted only a non-exclusive, non-transferrable right for the non-commercial use of the content in context of the work for the course on the Plattform only. Any further use of legally protected content (e.g., transfer to third parties) is only permitted after prior written consent by the respective rights owner.
9. Rules for the use of the iversity Platform and for posting content
By providing the Platform iversity provides the technical conditions for an open exchange of experiences and opinions of the Users without any influence by iversity. Only to the extent that it is obligated by law or by authorities, iversity will examine specific content, remove it and take appropriate measures, if necessary. Therefore, it is of outmost importance that Users respect the rights of third parties and generally commit to a respectful interaction and mutual consideration of each other's interest. This includes, in the areas for the exchange of views and discussions, tolerance and the openness towards different-minded people and the readiness for constructive conflict resolution when needed. In particular, the user commits to observe the following rules on the Plattform:
9.1 Stalking, which is defined by as deliberate and repeated (persistent) tracking or harassment of other Users, is prohibited when using the Platform. Once another User states that they do not or no longer want to be contacted this wish must be respected. Also, mobbing in any form is prohibited on the Platform. No user may harass other Users or third parties, torture or hurt them emotionally. iversity reserves in particular the right to immediately terminate the user contract (see sec. 6.3) as well as to inform respective law enforcement authorities after gaining knowledge of stalking or mobbing cases.
9.2 iversity is a Platform solely designed for the personal use by Users and for the exchange among Users. Therefore, any commercial use of the Platform is permitted only with explicit authorization by iversity. This particularly concerns the offering of goods or services of any kind against payment or an invitation to make a respective offer, and the performance, application and promotion of structural distribution measures (such as multi-level marketing or multi-level network marketing) or the display of premium rate phone numbers or premium SMS numbers in the context of the Platform. This prohibition also applies to relationships between Users, provided that the communication takes place using the services of the Platform as well as for the advertisement of goods or services against payment offered by third parties. However, in discussion forums it is permissible for the User to recommend for their respective course to buy their own books, scripts or teaching materials.
9.3 The User shall only make true and non-misleading statements in their profile and their communication with other Users. When setting a profile picture, they must ensure that the public display of these photos is permitted and does not contain references to logos, trademarks or other proprietary information on businesses and the display of the photo does not violate any applicable laws or rights of third parties. This applies in particular to personal rights and the right to one's own image.
9.4 The User shall ensure that the reproduction and communication to the public of content submitted by them including text, images, graphics, videos, etc. on the Platform is permitted. In particular, they have to ensure that by uploading contents onto the Platform, they do not violate any copyright and ancillary copyright protected positions of third parties (e.g., by uploading plagiarisms of academic papers, pirated movies or software, etc.), no personal rights, rights to one's own image, no trademark rights held by third parties (brands, company names, titles, etc.).
9.5 The User is obliged to adhere to any applicable laws when using the content and services of iversity. In particular, it is prohibited to upload content of unconstitutional organizations as well as the proliferation of unconstitutional, particularly racist, ideas, the dissemination of pornographic material, to upload content that is libelous, slanderous or otherwise defamatory or violates statutory regulations (e.g., criminal law, youth protection law, privacy law, copyright law or trademark law).
9.6 Any improper use of the Plattform is prohibited. Without limitation, the following acts in particular constitute improper use:
- if data on the Platform is altered, deleted, suppressed or rendered unusable without authorization;
- by using mechanisms, software or scripts in connection with the use of the Platform which are likely to affect the operation of the Platform;
- by any blocking, overwriting, modifying and copying of content, unless it is necessary for the proper use of the Platform's services (copying by means of robot / crawler search engine technology is for example not necessary for the proper use of the Platform's services and is therefore prohibited);
- by distributional and publicly communicating content on the Platform's website or content of other Users if the User has no explicit distribution right;
- by every action that is likely to affect the functionality of the Platform's infrastructure, especially by crush loading it;
- by introducing malicious codes such as viruses, worms, Trojan horses and related scripts or programs,
- by simultaneously sending chain letters and the sending of identical private messages to multiple users unknown to the User;
- in case of any insinuating or sexual communication (explicit or implicit).
9.7 Before setting links, the linked content must be checked for rights violations. Linking to illegal sites, especially with an extremist, inciting or offensive content is prohibited. iversity expressly disassociates itself from the linked content and assume no liability for it. Solely the operator of such site is responsible for the content of these websites.
9.8 The Platform allows to interact with other Users, invite them to specific groups or to point other Users to particularly interesting content. If the Platform provides a message feature this feature may be used exclusively for sending messages to people known to the User and to those where he may assume that they do not feel disturbed by the receipt of the message.
9.9 Every User shall pay attention to behave appropriately towards other Users and to not make any defamatory or vexatious statements while exchanging views and opinions in discussion forums.
9.10 If a User or a third party gains knowledge of content which is unlawful or inappropriate according to the foregoing provisions, iversity requests to report the violation via the contact form or e-mail. iversity will examine the content immediately upon receipt of such notice.
9.11 Furthermore, the User is obliged to comply with the following code of honor:
- I will register for one account only and for my personal usage and will not make the login data available to anyone.
- All work results which I hand in with regard to homeworks and examinations are the result of my own work without external help (unless collaboration with others is explicitly permitted) and without the aid of materials other than moreexplicitly permitted for the course.
- I will not make available any solutions to homeworks, examinations or other assignments to others. This includes my own solutions as well as those released by the respective lecturer.
- will not engage in any activity that would dishonestly improve my results, or improve or deteriorate the results of others. In particular I will not perform any examinations or provide any other assignments for others.
10. Deleting content, violations of the terms of use
10.1 iversity reserves the right to delete content which does not comply with these Terms of Use, to prevent or reverse illegal actions, and to warn or to lock accounts of Users who violate these Terms of Use either indefinitely or for a limited period of time to make them adhere to these terms of use. Warnings or the locking of accounts will be communicated to the User via e-mail. iversity also reserves the right to terminate the user contract immediately, if in individual cases the continuation of the user contract is unacceptable (see sec. 6.3).
10.2 Users that were banned for violating the Terms of Use may be permitted to use the Platform again, if it is assured that they will refrain from abusive behavior in the future.
10.3 The above provisions also apply in the case that iversity has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan horses).
11. Warranty and liability of the user / Indemnification
11.1 The User assures and warrants that they are entitled to and able to grant iversity the rights of use to the uploaded User Content in the scope as provided for in sec. 8. The User warrants to iversity not to post content onto the Platform which violates the provisions of sec. 9, not to commit any of the prohibited acts provided in and not to provide any false information.
11.2 The User is solely responsible for all of their content uploaded to the portal including texts, articles, photographs, etc., and for the existence of any necessary legal entitlements relating to that as well as for their actions on the Platform. iversity does not generally check the content and actions of the User unless iversity is legally obliged to do so. The User indemnifies and keeps iversity, its personnel harmless from any liabilities or expenses including legal attorney's fees as well as potential and actual costs of legal proceedings and administrative fines, if claims are being brought on iversity, its employees or other personnel because the User culpably violates their obligations under sec. 8 and 9. and infringes rights of third parties or of persons represented by them. The same applies if claims results from otherwise illegal content and in cases where claims are brought by consumer bodies or authorities. iversity informs the User about the claim and gives them, to the extent possible and reasonable, the opportunity to defend against asserted claims. The User is obliged to end the infringing use immediately if requested by iversity and to fully disclose to iversity all relevant facts concerning the use. All further rights and claims of iversity for damages remain unaffected.
11.3 If rights of third parties are violated by the User's contents the User has to provide iversity at iversity's own discretion and at the User's expense with the right of use, if the User is the owner, or limit the content so that no third party rights are being violated.
12. Liability
12.1 iversity shall be liable to Users without restriction for any damages arising from injury to life, limb or health, based on an intentional or negligent breach of duty and for other damages caused by intentional or gross negligent breach of duty or an acquired assurance or warranty. For other damages incurred due to slight negligence iversity is only liable in case of breach of essential contractual obligations, meaning contractual obligations which are essential for the proper conduct of the performance and on which the contractual partner can reasonably rely as well as those whose breach jeopardizes the purpose of the contract. In these cases iversity's liability is limited to damages that are fore seeable for this type of contract.
12.2 Only the User shall be liable for content uploaded by the User. In this respect iversity shall not assume any liability unless legally obliged.
12.3 iversity makes every effort to keep the Platform constantly available. The User acknowledges that a constant availability of the Platform's website is technically impossible. In particular, maintenance, security or capacity issues and events not in the sphere or influence of iversity (e.g., disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary suspension of services on the Platform's website. iversity may change the times of availability of certain parts of the services at any time and after a respective not on the website of the Platform.
12.4 If iversity is unable to provide the service of the Platform due to operational or technical malfunctions it will undertake all efforts reasonable to publish a respective note about the interruption of the service on the homepage of the Platform's website as soon as possible. iversity shall not be liable such interruptions as well as for damages resulting from loss of data if the damages could have been avoided by a regular and complete backup of all relevant data by the User. Therefore, each and every User should ensure the backup of important documents at regular intervals.
13. Modification of Services of the Platform
13.1 iversity reserves the right to add, modify or remove any or all of the services of the Platform at any time, in particular with regard to the courses, or change the hours of operation of the Platform.
13.2 iversity shall notify the Users of any changes to the services of the Platform made pursuant to sec. 13.1, including the details of the changes made to the services and the effective date of such changes. However, iversity shall not be required to provide any such notification where advance notice is impossible or time-critical changes are required due to circumstances outside Company's control.
13.3 iversity shall have no liability to Users in respect of any losses arising as a result of any changes to the services of the Platform.
14. Change of Contracting Party
iversity may transfer or assign the user contract to another party. The other party will, in this event, take over the rights and obligations that arise under the User agreement towards the User and become the new contracting party of the User. iversity will inform the User about such a transfer of contract in due time. The User may terminate the user contract within two weeks upon receipt of this information in writing to the above mentioned address or via e-mail to firstname.lastname@example.com
15. Contract Language, Storage of User Contract
15.1 iversity focuses primarily on German-and English-speaking Users. The communication between the Users and iversity is therefore entirely in German or English. The Terms of Use and consumer information are also available in English and German.
15.2 iversity sends the User these Terms of Use as part of a confirmation e-mail in text form, in connection with the conclusion of the contract. iversity does not store or display on its website any other separate contract about the user relationship. The contents of the agreement concluded with iversity therefore is identical with these Terms of Use which can also be accessed on the website under iversity.org/pages/terms/.
16. Amendments to terms of use
16.1 iversity may amend these Terms of Use at any time provided that any such amendments are not in violation of any applicable legislation. When iversity amends these Terms of Use, it shall send to the Users the amended terms along with details of the amendments together with the effective date and reasons for the amendments via e-mail at least 30 days prior to the effective date of the amendments. The User shall be deemed to have consented to the amendments unless they expressly reject them within 30 days after receipt of the e-mail. The rejection must be in text form. In the e-mail iversity will inform the Users separately about their right to reject the amendments, the respective time period during which rejection must be made and the consequences of failing to act. In the event that the user rejects the amendments, iversity expressly reserves its right to immediately terminate these Terms of Use and the service towards the User.
16.2 If in the future a fee will be charged for the provision of individual services, the User and iversity will enter into separate agreements which will require the explicit consent of the Users.
16.3 iversity shall not be responsible for any damage caused to, or loss suffered by, users due to their failure to notice an amendment to the terms of use provided that iversity has performed all of its obligations under this sec. 16 in relation to such amendments.
17. Final Provisions
17.1 If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision which is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes.
17.2 The contractual relationship with Users, these Terms of Use and their interpretation shall be governed solely by the laws of the Federal Republic of Germany. The application of German International Private Law and the United Nations Convention on Contracts for the International Sale of Goods ("CISG") is excluded. If the User is a consumer, then the mandatory consumer protection rules of the state in which the user has their permanent residence are additionally applicable provided they offer the user a more extensive protection.
17.3 If the User is a merchant, a legal entity under public law or a special fund under public law or if the User has no permanent residence within Germany. then the venue for litigation arising out of or in connection with this contract is Berlin. If the User is a merchant, a legal entity under public law or a special fund under public law or the User has no permanent residence within Germany, then the venue for all rights and obligations resulting from the contractual agreements with the user is Berlin.
Stand: November 2017