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1.1 What is the principal data protection legislation?
The principal data protection legislation is the newly enacted Law on the Protection of Personal Data numbered 6698, namely KVKK,along with its secondary legislation which currently consists of: the Regulation on Personal Data Protection Experts which has entered into force after its promulgation in the Official Gazette on 9 February 2018; the Regulation on the Data Controllers Registry which was promulgated in the last days of 2017 in the Official Gazette dated 30 December 2017; the Regulation Concerning Working Rules and Procedures of the Personal Data Protection Board which came into force with its promulgation in the Official Gazette on 16 November 2017; and the Regulation on the Erasure, Destruction or Anonymization of Personal Data which was promulgated in the Official Gazette of 28 October 2017.
1.2 Is there any other general legislation that impacts data protection?
The data protection concept has recently gained popularity in Turkey, since KVKK, inspired by the famous EU Directive numbered. 95/46/EC ("Directive"), was enacted on 7 April 2016. KVKK has significant similarities with the Directive as it is prepared based on the Directive. KVKK is the first law which specifically regulates the protection of personal data. Before the enactment of KVKK, there were some provisions concerning data protection in several regulations regarding certain regulated sectors. These provisions, all of which take their sources from a single provision in the Turkish Constitution which regulates the right to privacy and data protection, and a few provisions in the Turkish Penal Code regulating the unlawful recording, acquisition or dissemination of personal data, along with a provision regarding the protection of personality in the Turkish Civil Code, were not adequate in terms of satisfying the needs of today's technology and the increasing volume of personal data processing.
1.3 Is there any sector-specific legislation that impacts data protection?
There are several sector-specific laws and regulations that impact data protection including:
- Law on the Regulation of Electronic Commerce numbered 6563.
- The Regulation on Distance Contracts.
- Law on Regulating Broadcasting in the Internet and Fighting against Crimes Committed through Internet Broadcasting numbered 5651.
- Banking Law numbered 5411.
- Electronic Communications Law numbered 5809.
- Law on Payment and Security Reconciliation Systems Payment Services and Electronic Money Organisations numbered 6493.
- Regulation on Internal Systems on Banks and Capital Sufficiency Evaluation Process.
- Regulation on Patient Rights.
- Regulation on Protection and Privacy of Personal Heath Data.
1.4 What authority(ies) are responsible for data protection?
The national Data Protection Authority is the Personal Data Protection Authority. The Authority's decision-making body is the Personal Data Protection Board, whose duties and powers are regulated under the Regulation on the Working Procedures and Principles of Personal Data Protection Board.


text: If you have ever been out and about in NYC at a party where music is at the forefront, you are sure to have crossed paths with Rissa Garcia. Maybe you havent spoken to her, but that is because her energy is focused on the music and the moment. She lives dance music. She happens to be one of our favorite artists, and has played for us alongside Danny Krivit twice. But don't let our opinions be your guide, trust the masters: Danny Krivit and Rissa team up yet again on January 29 at Slake in NYC. Another Danny that you may have heard of.. Danny Tenaglia hand-picked Rissa to open for him at his famous 'BOO Yourself' event at Output. In addition to be a phenomenal DJ, Rissa's productions and remixes have been staples in our crates. She also runs Nightchild Records, which is consistently putting out a quality product. Check out our latest podcast….make that journey – compliments of Rissa.

subset: commoncrawl


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Every week, parshaoftheweek.com brings you a rich selection of material on parshat hashavua, the weekly portion traditionally read in synagogues all over the world. Using both classic and contemporary material, we take a look at these portions in a fresh way, relating them to both ancient Jewish concerns as well as cutting-edge modern issues and topics. We also bring you material on the Jewish holidays, as well as insights into life cycle rituals and events...
A theme that has been much discussed over the last weeks, especially in traditional, Orthodox circles here in Israel, is the question, What happens to all our apparently unanswered prayers? This discussion, which, of course, is not new, began with the announcement that the three kidnapped boys had, in fact, been murdered. People wondered how the millions of heartfelt expressions of hope for the boys' safe return could have been for nought, wasted, as it were, especially given the fact that the victims had, in fact, been murdered so early on, while so many still hoped and prayed that they were alive and would be found. The question continued to be asked during the war, as the horrible price we paid in fallen soldiers went up and up. So many had been praying so hard for their welfare; what happened to those prayers?
Here is Israel, a very popular answer, in terms of the fate of the kidnapped boys, as well as the loss of our soldiers, is that their kidnapping and murder, which apparently began the spiral of events which led to the ground war in Gaza, also led to the discovery of the Hamas tunnels, and their destruction. Had this not happened, Hamas' plans for a mega terror attack, apparently actually scheduled for Rosh Hashana, which could easily have led to the death and capture of thousands of Israelis, could have been actualized. It was the fate of the boys, and the way the search for them and their murderers played out, and the subsequent nature of the ground war in Gaza, that saved Israel from this truly horrible fate. This cause and effect connection between the boys' deaths and Israel being saved from a major disaster explains, for many, the theological difficulty in accepting the horrible fate of these three outstanding young men, as well as the "failure" of all the prayers said on their behalf: they died, in the way they did, to save many, many more Jews.
Although in this case the connection between the kidnapping and the discovery of the tunnels is actually very real, and is not some sort of metaphysical one, some still feel somewhat uncomfortable with this equation, and wonder if, to put it simply, God could not have found a kinder, gentler way to help us out and find those tunnels.
This week's parsha, Va'etchanan, begins with an unanswered prayer: Moshe's request that he be allowed to cross the Jordan and enter the land of Israel. Moshe reminds the Jewish people that although he beseeched God to enter and see the promised land, God, because of the Jews, refused him, though He did relent somewhat, and let him view the land from a distance, before dying (Devarim, 3;23-28).
The commentaries have a few opinions as to why exactly God refused Moshe's request, and how it was the fault of the Jewish people. Rashi and the Ramban see the refusal as simply being a case of God sticking to His guns and leaving His original punishment in place - a sort of moral/legal explanation - and understand the Israelites getting the blame as a reference to their earlier complaints about the lack of water, which got Moshe to overreact, hit the rock and speak harshly to them, which is why he was denied entry in the first place. The Chizkuni sees it as a kind of fairness issue: How would it look if Moshe only prayed for himself, and succeeded in getting into the land, while the entire generation that left Egypt died in the desert? What sort of leadership would that be?
In all of these approaches, Moshe is denied entry to Israel because of the earlier sin of hitting the rock and speaking harshly to the people. Moshe, with his prayers, tried to convince God to change His mind about the punishment, and God refused, either simply because the sin still deserved to be punished, and be seen to be punished, or because, at this late stage, Moshe can not receive special treatment; if the generation of the desert must die before reaching the promised land for their sins, so must Moshe, for his.
The Sforno takes a very different approach. He says that Moshe was not simply interested in seeing the land before he died (perhaps he rejects that understanding because God actually does grant him that wish; he does see it from afar, which would make reading the words "and God was angry at me because of you, and would not hear me" difficult. In addition, a request to just go and see the land seems pretty puny, when compared to what the Sforno is about to say about what Moshe really wanted). Rather, Moshe desired to enter the land in order to conquer it fully, permanently, by totally destroying the Canaanite nations, and then blessing the Israelites so that they would stay there forever (how exactly he would do this I don't know, but the exodus from Egypt is a pretty good indication of his abilities to dramatically change history). God refuses this request, because that would go against the divine plan: to punish the Israelites, in the future, when they sin, by exiling them from the land.
In other words, Moshe desired to go to Israel and create a military and political reality which would change history. He wanted to settle the people in the land in a way that would be irreversible, untouchable by the viccisitudes of their behavior, and the geopolitical realities around them. He wanted to bring them into Israel forever, so they would transcend the normal ebb and flow of historical processes as we know them, which God had already promised that Israel would be subject to.
According to the Sforno, Moshe's prayers were denied not simply because God had other plans, but because God's plans were more realistic than Moshe's, more correct. Moshe wanted to somehow make it possible for the people of Israel to live unaffected by the way things are supposed to work, namely, that nations sin, become corrupt and decadent, and are then easily defeated by the other nations around them. God wanted the people of Israel to live, as a nation, in line with the way things really are - you sin, you lose sight of your national identity, character, and values, and you suffer the consequences. He could not allow Moshe to get what he prayed for: to conquer the land and settle it in a way which would take Israel out of the normal influence of historical process.
What this means is that we, in our prayers, sometimes tend to wish for the impossible. We pray for things which are beyond the realm of science, natural law, and the way things are meant to happen in the world. God, the world's creator, is apparently more committed than we are to the world as he created it, as it really is. Just as physics is always the way the physical world works, and biology controls our bodily functions, history has laws as well, and God wants us to live within them, to be subject to them. That is the law, and the logic, of sin, exile and redemption, and God was not about to allow Moshe to circumvent that law.
Hamas is a vicious, murderous organization. That is the reality. They are that way as a result of choices made by many people over a period of time. It is that very viciousness that will lead to their demise, and it was that viciousness, as expressed in their cruel murder of Eyal, Gil-Ad, and Naftali, that led, that had to lead, to the destruction of their truly frightening attack tunnels. Although we were right to pray for the boys' safety, to hope and wish for a better world, .God was right to allow history to play itself out, to allow human beings to make their choices and be effected by them. That is how the death of these three wonderful boys, as well as of the heroes who gave their lives in Gaza so that we may live, changed history, and have made it possible for the Jewish people to continue to live, as long as we deserve to, in our land. Based on the amazing expressions of unity, love, sacrifice, and morality - yes, we are the most moral army in the world - we have reason to believe that that will be a very long time indeed.
Shabbat Shalom,
Rabbi Shimon Felix


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Introducing opponents: Boca Raton
In the next friendly match as part of the American training camp, Shakhtar will face Boca Raton. The game will begin on 25 January at 19:00 (02:00, Ukrainian time).
Boca Raton are an amateur football club from the town with the same name, located in the state of Florida. The team consist of fans of European football aged from 18.
Since May 2015, the team have been playing in the American Premier Soccer League, already becoming champions. It should be noted that this tournament, which runs from April to August, features mostly student teams.
Boca Raton play at the stadium called The Shipyard, which holds 4,025 seats. Head coach is Chilean Marcelo Castillo.
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Victoria joined Chambers in October 2014 after the successful completion of her pupillage, and has developed a busy personal injury practice representing claimants and defendants in small claim and fast track matters. She has a special interest in clinical negligence work.
Before joining Chambers Victoria spent a year working in the personal injury department of an international firm of solicitors where she handled a case load of public and employer's liability claims. These included pre-issue, fast track and higher value claims. Victoria also spent time on secondment at a large insurer where she gained useful knowledge of the insurance industry.
She is frequently instructed to settle pleadings as well as advising on the merits of a claim at an early stage. Recent instructions include Animals Act cases, credit hire and road traffic accidents. She has experience of disposal and Stage 3 hearings and also handles detailed assessment hearings.
Recent cases include:
2011 to 2012 BPTC, University of the West of England (Outstanding)
2007 to 2010 Law LLB, University of Bristol
Inner Temple Pegasus Scholarship, 2016
Inner Temple Outstanding BPTC Prize, July 2012
Victoria is a qualified SCUBA diver and enjoys singing.Contact Us
It is now officially summer here in New Zealand and to completely confuse me I had my first mince pie on the first day of summer! No white Christmas for me this year! Since my last blog I have visited the Employment Relations Authority (ERA), something I have mentioned in a couple of my previous … Continue reading Employment Relations Authority – a different approach
The last few weeks have been hectic, both in court and outside. Having been due to spend two weeks with the Crown Law Office (the body which provides legal advice and representation services to the government) I flew to Wellington on 13 November only to be woken at midnight by my hotel room shaking. New … Continue reading Earthquakes and gang culture – an update from New Zealand
Since my last blog the Employment Law Conference was held in Auckland, a national conference for employment lawyers which is only held every two years. I attended with my colleagues and the timing was perfect: a thorough and interesting initiation into life at the New Zealand employment bar with a chance to see some of … Continue reading A Sex Offenders Register for New Zealand


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NORTH PLAM BEACH, Fla. (bankrate.com) -- If Congress' recent failure to ban online gambling made visions of poker chips dance in your head, ask around before you ante up. Your credit card company could be putting the kibosh on cyber-casino transactions, not to mention taking a piece of the pot on transactions that they do allow.
"The laws vary so widely from state to state that it's difficult to determine what is legal. It's much simpler to decline the online-gaming transactions"
At least two major U.S. card issuers are refusing customers who want to set up gambling accounts via the Internet. And their competitors, if not blocking accounts, are taking notes on what goes on between e-bettors and digital dealers.
Banks are distancing themselves from online gambling even though they make substantial profits on gambling-related credit card activities, including high interest rates on cash advances used to open accounts and extra charges for chips, lottery tickets and the like.
Getting out of the kitchen
Gambling online is such a legal hot potato that some banks are shedding the risks altogether, even though the profit potential is preposterously high.
"We do not authorize charges from Internet gaming establishments," says Marc Loewenthal, senior vice president of San Francisco-based Providian Financial Corp., which has 13 million cardholders. "That's not behavior we want to encourage. The bigger issue is whether this is responsible use of a credit card."
Still, Loewenthal said that if Congress established boundaries for the gambling model, "we would have to take a look at it."
Wachovia Bank also is busting up bingo games. Rather than ride along on dubious legalities, the North Carolina-based Visa card issuer decided to quit granting customers credit lines for games of chance. It mailed notices in January to about 5.5 million cardholders.
"The laws vary so widely from state to state that it's difficult to determine what is legal," Wachovia spokesman Jay Reed said. "It's much simpler to decline the online gaming transactions."
Playing it cool
MasterCard and Visa, the franchisers that set the rules for lenders who dispense their cards, are trying to cover their backsides with warnings to consumers, banks and playing parlors. Yet their logos are seen at hundreds of licensed Internet casinos around the world.
MasterCard requires gambling sites to tell prospective bettors to determine whether the activity is legal in their jurisdiction, and to keep a record of where customers are located.
"You're taking a hell of a chance that a credit card company is going to tell you to drop deadand force you to get a lawyer to fight it."
The company wants issuers to be notified of electronic wagering transactions and says they'll be coded for identification. Visa is warning consumers that just because they see the Visa symbol blinking at the lottery in Liechtenstein doesn't mean it's legal for the bettors to participate from a PC in California.
Visa and MasterCard didn't respond to questions about the implications of these advisories for consumers.
Customers who get burned by seedy offshore casinos or rack up big gambling debts on the Internet might find it harder to take advantage of consumer protections such as dollar limits on liability and the right to stop payments to a merchant, said Howard Strong, an attorney and author of What Every Credit Card User Needs to Know.
"You're taking a hell of a chance that a credit card company is going to tell you to drop dead and force you to get a lawyer to fight it," Strong said.
"It doesn't mean they are right to do it," he said. "You're going to find it much tougher to get credit card companies to honor them, even if they are in effect. I think they are extremely concerned about this kind of stuff."
Laws and loopholes
The sturdiest legal leg against Internet gambling also is a shaky one. The federal Wire Communications Act prohibits interstate wagering over phone lines, but it was written in 1961, long before the dawn of the global e-village. Nevertheless, it was threatening enough to send gaming entrepreneurs scurrying to the Caribbean, Costa Rica, Australia and Asia to run licensed businesses and avoid prosecution in the U.S.
The law also is the backbone of several class-action lawsuits filed in recent years on behalf of people who posted stakes online with credit cards and lost. Plaintiffs' attorneys argue that issuers who authorize the charges violate federal law, as well as state laws that deem gambling debts uncollectible.
"It should be regulated and taxed, but it ain't gonna be stopped."
Providian got stung two years ago by a sore loser from California. The woman sued the issuer, as well as MasterCard and Visa, after she gambled away $70,000 on plastic. Providian's Loewenthal said the casinos ate those charges.
"We didn't forgive the debt because we weren't able to identify that that's what she was doing," he said.
Ever since, Providian has been compiling a database of gaming merchants' authorization codes, enabling the company to identify them and bar customer requests for gambling loans.
With the House of Representatives' rejection last month of the Internet Gambling Prohibition Act, those loopholes remain intact -- which means consumers probably don't have to worry about being collared by the feds.
Even if Congress bans the use of bank instruments such as credit cards for virtual wagering or prohibits it altogether, other e-payment methods such as smart cards and software to set up cyber borders are being developed to accommodate gamblers' thirst for chance.
"Right now, the politicians are looking for a pressure point," said Philip McGuigan, a Chicago attorney specializing in e-commerce. "It should be regulated and taxed, but it ain't gonna be stopped."
The real hazard of online gambling for consumers is the cost. Ninety percent of online gaming accounts are opened with cash advances from credit cards. Banks typically charge interest rates of 20 percent or more for such loans and there is no grace period.
Furthermore, most issuers charge an extra 3 percent for casino chips, lottery tickets and other bets. That means if you open a $500 gambling account -- whether at a brick-and-mortar casino or a virtual one -- the bank tacks on $15.
As one cyber-gaming foe put it: "Internet gambling means you can lose your home without leaving it."


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Facebook Fires Employee Who Allegedly Used Data Access To Stalk Women
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Nikola (Motors) is Suing Tesla
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Tech Giants Hit by NSA Spying Slam Encryption Backdoors
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GitHub Accidentally Exposes Some Plaintext Passwords In Its Internal Logs
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FCC Commissioner Broke the Law By Advocating for Trump, Officials Find
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California Leads States In Suing the EPA For Attacking Vehicle Emissions Standards
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Nintendo Faces Switch Patent Infringement Investigation In the US
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Amazon Tells Signal's Creators To Stop Using Anti-Censorship Tool
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FTC Gives Sony, Microsoft, and Nintendo 30 Days To Get Rid of Illegal Warranty-Void-if-Removed Stickers
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U.S. IP Policy Spins Out of Control in the 2018 Special 301 Report
Certain reports and publications from U.S. government agencies, such as those of the Congressional Research Service, have become important reference works due to their reputation for being relatively in-depth, up to date, and factual. The United States Trade Representative's (USTR) Special 301 Report [PDF], the latest annual edition of which was released last week, is not such a report.
The report claims to "call out foreign countries and expose the laws, policies, and practices that fail to provide adequate and effective IP protection and enforcement for U.S. inventors, creators, brands, manufacturers, and service providers." But it has no consistent methodology for assessing what is "adequate and effective." Instead of relying on rigorous analysis to quantify the differences in standards of protection and enforcement among U.S. trading partners, it is driven by anecdotes, with a bias towards those contributed by IP lobbyists such as the International Intellectual Property Alliance (IIPA) and ACTION for Trade. This is a document so heavy on spin that one gets dizzy from reading it.Canada Joins the "Naughty List" This Year
Due to the lack of a consistent methodology for preparation of the report and its heavy reliance on submissions rather than primary sources, the countries called out in the report and the misdeeds for which they are called out change with the winds of U.S. foreign policy. This provides a good explanation for the inclusion of Canada on this year's Priority Watch List, which is reserved for the most egregious offenders (China and Russia are also among the dozen countries receiving that honor).
As Canadian law professor Michael Geist has explained, Canada's inclusion on the Priority Watch List is likely a tactic intended to bring pressure on Canada to cave in to U.S. demands in the current negotiations over a modernized North American Free Trade Agreement (NAFTA). As Professor Geist points out, Canada has long recognized the Special 301 Report for the public relations exercise that it is, correctly observing that it "fails to employ a clear methodology and the findings tend to rely on industry allegations rather than empirical evidence and objective analysis."
Unfortunately however, some other countries give the Special 301 Report more credence, and this can result in them making unwarranted changes to their law in order to placate the USTR. Earlier this year for example, Switzerland responded specifically [PDF] to U.S. criticisms of its copyright system by pointing to its introduction of a "stay down" obligation (which is a synonym for mandatory copyright upload filtering), and its loosening of personal data protection for alleged copyright infringers.
Neither of these changes was required for Switzerland to fulfil its international obligations, and they will likely result in user-generated content platforms abandoning Switzerland for jurisdictions where the regulatory environment is more favorable. Yet despite its unnecessary efforts, Switzerland remains on the Watch List again for the third year running.A Tired, Repetitive Report
This year's Special 301 Report is a staid, by-the-numbers affair that will satisfy IP maximalist lobbyists, but will disappoint anyone who was expecting a balanced or nuanced look at the differences between U.S. and foreign IP laws and policies, and the reasons for those differences. The report maintains the line that there is only one "adequate and effective" level of IP protection and enforcement that every country should adhere to, regardless of its social and economic circumstances or its international legal obligations. The allegations that it repeats are tired and familiar, such as:
- Countries like Brazil, Ecuador, Peru, and Taiwan do not effectively criminalize unauthorized camcording in theaters. (They are not required to do so; there is no international obligation for them to recognize this particular method of copyright infringement as a crime.)
- Countries like Argentina, Brazil, Chile, China, Hong Kong, Indonesia, Mexico, Peru, Singapore, Taiwan, and Vietnam are accused of allowing trade in "Illicit Streaming Devices" (aka. general-purpose computers) that can be used to access copyright-infringing media streams.
- Some country code domain name registries are accused of failing to "require the registrant to provide true and complete contact information; and make such registration information publicly available." The USTR neglects to point out that in many cases this is a deliberate policy decision due to the application of local data protection law.
In EFF's submission to the USTR in its consultation over this year's report, we pointed out how the report is unbalanced by focusing only on how (some) U.S. businesses benefit from strict levels of IP protection and enforcement, without also considering how (many more) U.S. businesses also benefit from the flexibilities in U.S. intellectual property law, such as the fair use right. In our submission, we pointed out that:
Some of our trading partners do not have a fair use right in their copyright law, and this makes it harder for U.S. companies to conduct business overseas. They may run the risk of committing copyright infringement for activities that create economic and social value, and would be fully legal in the United States. For example, basic technical processes such as indexing, linking, and temporary copying may be found to infringe copyright in countries that lack a fair use doctrine.
We also suggested that the Special 301 process could be used to address the issue of foreign governments attempting to enforce their intellectual property laws on U.S. companies extraterritorially, as occured in the Equustek case. Unfortunately, neither of our suggestions had any influence on the 2018 Special 301 Report. On the contrary, the USTR goes so far as to criticize Canada for the breadth of its "fair dealing" right in copyright law, which is similar to the U.S. fair use right. No criticism is made of countries such as Mexico, which lack any close equivalent to fair use at all.
Impartiality isn't the goal of the Special 301 Report; its goal is to influence the attitudes and behaviors of U.S. trading partners to bring them into alignment with U.S. foreign policy objectives on intellectual property, regardless of whether those objectives reflect our partners' obligations under international law. As such, it continues to well serve the interests of the IP maximalist lobbyists with whom the USTR has a very close relationship. But for those who are looking for a more balanced report, the 2018 Special 301 Report has nothing to offer, and its recommendations carry no weight.
Iran Bans Use of Telegram Messaging App To Protect 'National Security'
Read more of this story at Slashdot.
UK Officials Will Summon Mark Zuckerberg To Testify if He Won't Do So Voluntarily
Read more of this story at Slashdot.
Singapore Airport May Use Facial Recognition Systems To Find Late Passengers
Read more of this story at Slashdot.
Amazon Web Services Starts Blocking Domain-Fronting
Read more of this story at Slashdot.
Catalog of Missing Devices: Fonts on e-readers
In today's world, your ability to choose something as everyday as a typeface depends on the permission of the company that made your device and the software that runs on it. Choosing your typeface may seem like a novelty, but type design can have far-ranging implications for accessibility (some fonts are optimized for people with dyslexia and other cognitive print disabilities), clarity (other fonts are optimized the minimize the chance of mistaking one character for another, critical for technical applications), and even culture (the right to choose a script that matches the language you're reading can make all the difference).
Volkswagen, Audi Cars Vulnerable To Remote Hacking
Read more of this story at Slashdot.
The Fate of Text and Data Mining in the European Copyright Overhaul
The current European Digital Single Market copyright negotiations involve more than just the terrible upload filter and link tax proposals that have caused so much concern—and not all of the other provisions under negotiation are harmful. We haven't said much about the text and data mining provisions that form part of this ambitious legislative agenda, but as the finalization of the deal is fast approaching, the form of these provisions is now taking shape. The next few weeks will provide Europeans with their last opportunity to guide the text and data mining provisions to support coders rights, open access, and innovation.
Text and data mining, which is the automated processing and analysis of large amounts of published data to create useful new outputs, necessarily involves copying at least some of the original data. Often, that data isn't subject to copyright in the first place, but even when it is, copies made in the course of processing generally fall within the scope of the fair use right in the United States.
But European countries have no such fair use right in their copyright law. Instead, they have a patchwork of narrower user rights, which vary from one country to another. Although some states have introduced rights to conduct text and data mining, there is little consistency between them. As such, the legality of text and data mining conducted in Europe is questionable, even though it doesn't result in the creation of anything that resembles the original input data set. Worse still, Europe also has a separate copyright-like regime of protection for databases, which has no equivalent in the United States. Text and data mining activities could also run afoul of these database rights.
Recognizing the usefulness of text and data mining to scientific research, the European Commission proposed to clarify its legality by adding a new optional text and data mining right to European copyright law. Provided that those exercising the right had lawful access to the input data in the first place, they would not have to acquire any additional license to perform text and data mining on such data, for either commercial or non-commercial purposes—and, importantly, the copyright owner would not be able to prohibit them from doing so by contract.
However the Commission's proposal also contained a number of limitations that made it less useful than it ought to have been. Its three biggest limitations were that:
- It only allowed research organizations to conduct text and data mining activities, excluding independent researchers, small businesses, libraries and archives, and others who might otherwise wish to make use of the exception.
- Text and data mining could only be conducted for the purpose of scientific research, excluding other purposes such as education, archival, or literary criticism.
- It would do nothing to prevent copyright holders from using DRM (digital locks with legal reinforcement) to make the exercise of the right practically impossible.
In February 2018 an in-depth analysis [PDF] of the provisions was published for the Legal Affairs (JURI) Committee, which has leadership of the Digital Single Market dossier within the European Parliament. This analysis identifies the limitations mentioned above, and provides recommends for addressing some of them; perhaps most notably, "clearly spelling out that both Technological Protection Measures (TPMs) and network security and integrity measures should not undermine the effective application of the exception."
Following up on this, in late March 2018 by a letter to the Legal Affairs (JURI) Committee from a coalition of 28 groups including EIFL (Electronic Information for Libraries), the European University Association (EUA), and Science Europe, made four concrete recommendations that would strengthen the Commission's proposal by:
- Broadening it to include any person (natural or legal) that has lawful access to content, provided that reproduction or extraction is used for the sole purpose of text and data mining.
- Affirming that contractual terms restricting the use of the right should be unenforceable.
- Clarifying that DRM cannot be used to unreasonably restrict the exercise of the right.
- Allowing datasets created for the purpose of text and data mining to be stored on secured servers for future verification.
But countering these recommendations, some member states would like to weaken the text and data mining right, rather than strengthening it. Last week the Bulgarian Presidency of the Council of the European Union asked member states, [PDF] "Should the scope of the optional exception for text and data mining provided for in Article 3a be limited and to what extent, for example to temporary copies of works and other subject matter which have been made freely available to the public online?" Their answer, expected to be given at Friday's meeting of the Committee of the Permanent Representatives of the Governments of the Member States to the European Union (COREPER), may determine the version of the proposal that goes to a vote.
We are encouraging all our European members to contact their representatives about an upcoming vote on the European copyright proposals in the JURI Committee. Along with the most serious problems with the proposal—the link tax in favor of news publishers (Article 11) and the upload filtering mandate on Internet platforms (Article 13)—the Article 3a text and data mining right is also included in the upcoming vote. When you contact your representatives about the sweeping and dangerous copyright proposals, tell them your thoughts about the importance of protecting text and data mining too. Although the details are complex, you can keep to one simple message—that Articles 11 and 13 should be eliminated, and that Article 3a should be kept and strengthened.
Defenders of Copyright Troll Victims Urge Congress to Reject the "Small Claims" Bill
A dedicated group of attorneys and technologists from around the U.S. defend Internet users against abuse by copyright trolls. Today, they wrote to the House Judiciary Committee with a warning about the CASE Act, a bill that would create a powerful new "small claims" tribunal at the U.S. Copyright Office in Washington D.C. The CASE Act would give copyright trolls a faster, cheaper way of coercing Internet users to fork over cash "settlements," bypassing the safeguards against abuse that federal judges have labored to create.
Copyright trolls are companies that turn threats of copyright litigation into profit by accusing Internet users of infringement—typically of pornographic films or independent films that flopped at the box office. Wielding boilerplate legal papers, dubious investigators, and the threat of massive, unpredictable copyright damages, these companies try to coerce Internet users into paying "settlements" of several thousand dollars to avoid litigation. Because their business is built around litigation threats, not the creative work itself, copyright trolls aren't very careful about making sure the people they accuse actually infringed a copyright. In fact, since profitable copyright trolling depends on targeting thousands of Internet users, trolls have an incentive not to investigate their claims carefully before filing suit.
Trolling is a massive problem. Between 2014 and 2016, copyright troll lawsuits constituted just under 50% of all copyright cases on the federal dockets. Overall, since 2010, researchers have estimated the number of Internet users targeted at over 170,000 - and that's probably a low estimate.
These schemes have a human cost. Targets have included many elderly retirees who don't use the Internet, who are often coerced into paying settlements. Others are documented immigrants with a green card or work visa, who must pay to avoid litigation that could imperil their immigration status.
Still others are homeowners, apartment managers, and leaseholders—whoever's name is on the ISP bill. Copyright trolls force them to choose between paying a cash settlement or becoming part of the shakedown by interrogating their tenants, family members, roommates, or houseguests about their Internet use, despite having no legal responsibility to police that use.
The federal courts have cracked down on copyright trolling, by requiring copyright holders to present solid evidence of infringement before the courts will issue a subpoena to unmask an anonymous Internet user. Some courts have even begun to review settlement demand letters to ensure that they don't use abusive methods.
The CASE Act, H.R. 3945, would reverse this progress by giving copyright trolls a whole new, and more favorable, legal forum. In particular, the bill would
- allow the Copyright Office to issue subpoenas for the identity of an Internet user, who can then be targeted for harassment and threats;
- do away with the requirement that copyright holders register their works before infringement begins in order to recover automatic statutory damages, which weeds out frivolous claims;
- allow the Copyright Office to issue $5,000 copyright "parking tickets" through a truncated process, with no true right of appeal.
The opponents of copyright trolling who signed the letter are concerned about giving the Copyright Office these powers, bypassing the federal courts. Given that the Copyright Office calls rightsholders its "customers," and often favors rightsholders' interests over those of the broader public, we don't trust a Copyright Office panel to give careful protection to the accused.
The House is considering a few copyright bills this spring. This week, it voted to approve three of them: the Music Modernization Act, the CLASSICS Act, and the AMP Act. Wisely, they left the CASE Act off the schedule—perhaps because of its controversial provisions—but the bill could still come up for a vote.
The CASE Act is supported by photographers who want a faster, cheaper way to bring infringement claims. But creating a new federal administrative tribunal with the power to issue fines against ordinary Internet users is dangerous. Aid to photographers can't come at the expense of inviting more copyright troll abuse. Legislators should heed the words of professionals who defend the public against this form of abuse. They should reject the CASE Act.
Oakland Should Ensure Community Control of Surveillance Technology
The Northern California cities of Berkeley and Davis began the year with successful community efforts to demand transparency and oversight in their community's acquisition of surveillance technology. With tax season just days behind us, U.S. communities continue to focus on gaining control and transparency over whether their hard-earned tax dollars are used to acquire surveillance technologies that threaten our fundamental privacy, disparately burden people of color, and threaten immigrant communities.
Community organizers in the East Bay—having already successfully defeated plans to have the Port of Oakland's Domain Awareness Center expand into a city-wide surveillance apparatus—are well-poised to make Oakland the next U.S. city to adopt a law that would ensure substantial community controls over law enforcement acquisition and use of surveillance technology.
The power to decide whether these tools are acquired, and how they are used, should not stand unilaterally with agency executives. Instead, elected City Council members should be empowered with the authority to decide whether to approve or reject surveillance technology. Most importantly, all residents must be provided an opportunity to comment on proposed surveillance technologies, and the policies guiding their use, before representatives decide whether to adopt them.
Oakland's Surveillance and Community Safety Ordinance enshrines these rights by requiring that city agencies submit use policies to the City Council for approval before acquiring surveillance technology, and that the City Council provide notice and an opportunity for public comment before approving these requests. To assure compliance, and that any approved equipment does indeed serve its stated purpose, the law would additionally require annual use reports including any violations of the existing policy.
In many cities across the country, local law enforcement and other city agencies acquire surveillance technology—such as cell-site simulators, automated license plate readers (ALPR), and face recognition equipment—with little or no oversight or public input. In some cases, manufacturers require city agencies to sign non-disclosure agreements prohibiting the sharing of basic information about the types of equipment, the equipment's capabilities, how the equipment is used, and how much it cost. Compounding this problem, many agencies lack use policies outlining how and under what circumstances the equipment may be used, or with what outside entities information collected by the technology may be shared.
Many communities are increasingly worried that surveillance technologies are a threat to immigrant communities. For example, the City of Alameda recently sidelined a proposal to expand its ALPR system, because of resident concerns that the resulting ALPR data might be used for immigration enforcement against their neighbors.
Since the early days of the fight to rein in the expansion of Oakland's Domain Awareness Center, we have worked alongside local and national partners, including our Electronic Frontier Alliance ally Oakland Privacy, on empowering communities to take control of surveillance equipment policy and acquisition. These coalitions have supported cities across the United States in proposing ordinances that would provide transparency, accountability, and oversight measures.
In April, the City of Oakland's Public Safety Committee voted unanimously to approve the proposed Surveillance and Community Safety Ordinance. With this strong show of support from the committee and the community, the ordinance is expected to go before the full City Council as soon as Tuesday, May 1.
As we wrote in the letter of support we submitted along with the Freedom of The Press Foundation in May 2017:
Public safety requires trust between government and the community served. To ensure that trust, Oakland needs a participatory process for deciding whether or not to adopt new government surveillance technologies, and ongoing transparency and oversight of any adopted technologies.
As federal agencies continue to erode our privacy, and target our Muslim and immigrant neighbors, we must insist that state and local elected officials take every opportunity to protect our most basic civil rights and civil liberties.
Oakland residents should contact their city council representative, and urge them to vote to pass the Surveillance and Community Safety Ordinance. Across the U.S., Electronic Frontier Alliance allies are building support for similar transparency and oversight measures within their own cities and towns. To join an Electronic Frontier Alliance member organization in your community, or to find out how your group can become a member, visit eff.org/fight.


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Passersby Pull 8-year-old From Accident That Killed the Driver
A Jay woman was killed when her vehicle crossed the center line and struck another vehicle on Sunday. Passersby were able to successfully pull an 8-year-old from the woman's pickup.
Public Safety spokesman Steve McCausland said it was around 1:30 on Sunday afternoon when State Police responded to a report of a two-vehicle accident on Route 27 in Sidney. Initial results of the investigation suggest that 53-year-old Sherry Turner of Jay was traveling south in her pickup truck when she crossed the center line. The truck struck an oncoming Toyota Tundra operated by 55-year-old Robert Rice of Windsor. Turner's vehicle rolled over and caught fire.
Passersby were able to pull an 8-year-old passenger from Turner's vehicle and the child was sent to Maine Medical Center in Portland. McCausland says the child was conscious, alert, and talking at the hospital. Rice and his passenger, 52-year-old Raymond Rice were taken to Central Maine Medical Center in Augusta where Raymond was treated for a broken bone in his leg. Robert received no serious injuries.
Turner was found deceased in her vehicle as first responders arrived on scene. The investigation is ongoing.


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Thank you to our 2016 Sponsors!
April 28, 2016
11:00am to 4:00pm
Sterling Country Club
And the Awards go to...
Current Woman of the Year:
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Amegy Bank
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Resolve Web Studio
Current ABWA Top Ten Candidate:
Nicole Travis
Texas Realty Select
2018 ABWA National Top Ten:
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Iberia Bank
2017 ABWA National Top Ten:
Michelle Becker
Shots for Holly
2015 ABWA National Top Ten:
Darlene Hajduk
Proline Supply Company
The Mission Statement of the American Business Women's Association (ABWA)....is to bring together business women of diverse occupations and provide opportunities for them to help themselves and others grow personally and professionally through leadership, education, networking, support, and national recognition.
Sonja Rucker-Hines: email@example.com
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Stairway to heaven?
If you're looking to lift the curb appeal of your home, the solution may be written in stone. Homeowners are increasingly turning to manufactured stone veneer, a lower-cost alternative to natural stone siding, to spruce up the exterior of their homes.
In Remodeling magazine's 2016 Cost vs. Value Report, manufactured stone veneer ranked as the No. 1 bang-for-your-buck exterior remodeling project, with an average nationwide return on investment of 92.9 percent. In some places, the average ROI for manufactured stone veneer projects was even greater. In the Dallas area, for instance, it was 108.6 percent, while it was 163.4 percent down the road in Austin.
Looking for a company to do the work? Check out Houzz.com for locations near you. Granted, Eldorado Stone is in San Marcos, CA, I bet you could get some great ideas from them. Check out their amazing website: Eldorado Stone


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Friendship – Part 4
Wounds from a friend can be trusted, but an enemy multiplies kisses. Proverbs 27:6
Here are two 'superglue' qualities that can permanently cement any friendship: honesty and loyalty. The Bible says, 'You can trust a friend who corrects you, but kisses from an enemy are nothing but lies.' A real friend may upset you by telling you the truth, but he or she will tell you the truth nonetheless. They may not always tell you what you want to hear, but if they truly love you, they'll tell you what you need to hear. In the short run it may hurt, but in the long run it will help you. When you want to measure a relationship to determine whether it qualifies as a genuine friendship, here are two questions you should ask the other person: 1) Can I trust you enough to be totally honest with me? 2) Can I trust you enough to be totally honest with you? Only a true friendship expects and can survive such mutual honesty. The other quality involved in keeping a friend is loyalty. 'There is a friend who sticks closer than a brother' (Proverbs 18:24). The word stick refers to how skin sticks to the bone. It's a poignant picture of just how closely knit one friend should be to another. Loyalty is the one thing a person should never have to question about his or her friend. A true friend will always be your defense lawyer before he or she becomes your judge. There's no such thing as 'a fair-weather friend'. You don't need friends in fair weather; you need them when the weather gets nasty. A fair-weather friend is no friend at all.
Heavenly Father, thank You for Your friendship and guiding me to have a few friends that are honest and loyal. In Jesus' Name, Amen


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posted: Aug 19, 2016
* Housekeeping Supervisor *
Male / Female; With 1 - 2 housekeeping supervisory experience in an upscale hotel or resort; Knowledge of proper cleaning techniques, requirements and use of equipment; Very strong management, communication, problem solving, decision making, and interpersonal skills; Superior customer service, teambuilding and conflict resolution skills; Strong planning, coaching, organizing, staffing, controlling and evaluating skills; Ability to work positively and cooperatively in a diverse team environment to meet overall established timeframes for the entire housekeeping operation; Ability to communicate tactfully with department heads and co-workers to resolve problems and negotiate resolutions; Working knowledge of computers, internet access and the ability to navigate within a variety software packages such as Excel, Word or related programs.
* Sales & Marketing Officer *
Male / Female; Bachelor's degree in Business, Marketing or related fields preferred; At least 3 years work related experience; Must know how to drive to support assigned account; Must have existing Corporate Client; Must possess strong written and verbal communication, negotiation, time management, organizational, planning and presentation; Candidates must be available to work additional hours and/or days as needed; With good moral character.
* Room Attendant *
Male / Female; Housekeeping and customer service experience is required; Strong communication and organizational skills; Outstanding attention to detail; Knowledge of proper cleaning techniques, requirements and use of equipment; Knowledge on thorough cleaning of furniture, floors and bathroom fixtures is an efficient manner to complete job on time; Can handle pressure; Willing to work on shifting schedules.
* Waiter / Waitress *
HRM graduate is advantage; At least 5'4" in height with fair complexion and with pleasing personality; Knowledge of principles and processes for providing customer and personal services; Knowledge of principles and methods for showing, promoting, and selling products or services; Knowledge in getting food orders on order slips, memorizes orders; Can prepare hot, cold, and mixed drinks for patrons, and chill bottles of wine; Can explain how various menu items are prepared, describing ingredients and cooking methods; Can prepare tables for meals, including setting up items such as linens, silverware, and glassware; With good oral character; Can communicate well; with at least one(1) year related working experience; Can handle pressure.
Closing Date: August 31, 2016
Examination / Interview: To Be Announced
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Step Upstairs to go underground
The Boston Globe Calendar, "Morse Code"
April 9, 1998 - page 29
"Lines of hopeful Boston College fans formed at clubs around North Station last Saturday night. The BC hockey team was in the NCAA final against Michigan inside the FleetCenter, only to lose in overtime. When the final goal was scored, I was in Sully's Tap across the street, watching a small group of Michigan fans hug each other while everyone else was in stunned disbelief.
As fans filed out of the Fleet, some of them repaired to already packed bars like Sully's, the Harp, the Irish Embassy Pub, McGann's, and the new Hooters.
But one nearby spot, the Upstairs Lounge, seemed far from the crowd - and that's the way the club likes it. The Upstairs Lounge is not into meathead jocks or anything resembling that kind of animal.
Instead, the Upstairs Lounge - located above the Penalty Box bar at the corner of Causeway and Lancaster streets - is an alternative, bohemian cavern, dripping with underground hipness and attitude. Last Saturday, you would have had no idea that a hockey game of any sort was going on in the neighborhood.
The lights inside the small, 120-capacity club were haunted-house dark, with dimly lit candles at the tables, a flickering candelabrum overhead, and muted strobes on the dance floor. It looked like the scene of a techno-Halloween party. Indeed, techno music was blaring from the speakers, first from records played by DJ Macro (who alternates Saturdays with DJs Darcy and Liz), then by a live duo called Formal Operations, which combined stark, intergalactic synth rhythms with customized violin sounds and exotica.
"Boston lacks a variety of underground alternative clubs - and we're trying to fill that gap," said manager Rice Blanco, who has previously worked at Man Ray in Cambridge and Hexx in the Theater District.
The Upstairs Lounge opened last September as Sugarbabys, but changed the name to the Upstairs Lounge in January. It targets a hipper-than-most club crowd by offering three distinct dance nights, at a $5 cover charge per evening.
Thursday is Atomic Lounge, with DJ Big Daddy spinning lounge, swing, and rockabilly tracks, often with the audience dressed up stylishly for the occasion. Martini drinks are served, going by such names as the Paisley Martini and the Boston Bullet. Friday is The Pill, with DJs Ken and Jennifer taking dancers on a time-tunnel trip from '60s British Invasion rock to '90s Britpop. A writer from England's NME magazine has termed it "the coolest night in Boston."
Saturday's industrial night is called "Next." That's when you can count on plenty of black leather in the crowd. And some good music, if you're into techno. Last Saturday, DJ Macro offered an edgy, mind-zapping blend of tracks from Front 242 and Skinny Puppy to the Sneaker Pimps.
Upstairs Lounge manager Blanco, whose promotion company is named Kewlwerkz, has brought over some of the crowd from Man Ray and Hexx, along with some new faces. The Upstairs Lounge is still a work in progress (you may remember this club in earlier incarnations as Chet's Last Call and the Causeway), but if you're after intimate dance nights with pronounced themes, this is a worth a look."
Raising the lid on Boston's nightlife
The Boston Herald, "Places"
January 2, 1998 - page S22
".... [The Upstairs Lounge], where rockers in leather jackets once nodded on the bar to the strains of weird New-Wave house bands or slam-danced to local punk acts such as the Dogmatics, changes to the scenery are more obvious. The '80s rock club space, resurrected briefly in the '90s as The Causeway, is now known as the Upstairs Lounge, a stylish little joint with a fresh purple and black paint job, a long martini menu and cocktail lounge decor details (black Naugahyde benches, candlelit tables, giant paper fans on the walls.)
The club is open during most FleetCenter concerts as well as on Thursdays for Atomic Lounge (swing, rockabilly, and lounge spins), on Fridays for the Pill (Brit pop and mod) and on Saturdays for NEXT ...
Manager Rice Blanco, a former Man Ray manager who created Hexx and took the program with him to the Penalty Box, says the crowd at the Upstairs Lounge has been well mixed (everyone from Brit-fops to fetishists, with an age range spanning from about 21 to mid-40s) and enthusiastic, stemming from a strictly word-of-mouth buzz. "We had one write-up, but it was a pretty good one," says Blanco, referring to a rave review in the influential English music paper NME. "They were following the Verve around the country and doing side stories on clubs in the States," Blanco explains. "They said Boston was the best stop on the tour and this was the Brit-pop scene to check out ...."
".... Friday night at The Upstairs Lounge, up by North Station, goes by the banner The Pill and DJs Ken and Jennifer promise "the best in Britpop and mod." When we arrived, ludicrously early, this seems to constitute the fop end of proceedings overlayed with Eighties Europop, but as the night goes on and more people turn up, the music gradually turns toward a sterling mixture of Sixties soul, Motown and, hey, whaddya know, The Verve. "Bittersweet Symphony" has everyone dancing, or at least the most stylish members of the clientele. Having guzzled enough JD to floor an elephant, we feel just about ambassadorial enough to go off and make some new friends.
"I hope you're not going to think this is typical of Boston," says Matt Fishbeck, one of the night's hosts. "There's not a lot of cool people in Boston and most of the ones that are, are here. American musical culture is pretty shit at the moment, so maybe British bands like The Verve might do well here. There's definitely a space waiting to be filled."
As The Maker posse hits the decks and introduces Stone Roses and "This is Music" to proceedings, the favourable response suggests that the spirit we're looking for might not be so far away."
A Storm In Boston
New Musical Express (NME)
November 22, 1997 - p. 37
"Boston, Massachusetts, November 1997. The revellers of The Pill Club (Friday nights at The Upstairs Lounge) are gossiping around the bar like a bunch of Vera Duckworths with her curlers in down the Rovers. This is Britpop Night, "the coolest club night in Boston", home to "the coolest people in Boston," several of whom are doing a fair impersonation of Menswear And Pals, The Camden Years. It is, therefore, more Britfop Night with the emphasis on dandily-hued shirtwear and curlicued sidey hair bits.
Thus Britpop faves include Dubstar, Saint Entienne and the Pet Shop Boys (as well as Britpop legends The Smiths, The Clash, Joy Division and, yes, The Verve), all blaring round a circular dance floor filled with young men pretending to be trees and/or hands-behind-back speed-skaters in a bewildering spectacular probably called Britpop On Ice (Liam and Patsy are the New Torvill and Dean! Except there's no sniff of Oasis round these parts, pal) ...."
For young people, Swing is the Thing
The Boston Globe
July 25 1998 - Front page
".. Forrest Frazier, the disk jockey known as Big Daddy, started a swing night about nine months ago at the Upstaris Lounge near North Station, inspired by clubs he had visited on the West Coast and in New York. And in the past few months, other area venues ... have added a swing night, either with a DJ or a live band.
"Ever since the Gap ad or maybe a little before we've been at capacity," Frazier said. "Our dance floor is always packed." ..."It's very social," said Frazier. "You can go there, not knowing anyone, and you can go up to anyone and dance with them. There's a lot of camaraderie."


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♡ These are a few albums that I love! ♡
Album: Heartthrob
Artist: Tegan & Sara
Favorite songs:
How Come You Don't Want Me
I Couldn't Be Your Friend
Drove Me Wild
I've known about Tegan & Sara for quite some time (since 2009) and when I first heard their music I was instantly hooked! This album is far more Pop and Indie while their older albums are different.
Album: Dead Man's Bones
Artist: Dead Man's Bones
Favorite songs:
My Body's a Zombie For You
Flowers Grow Out Of My Grave
Lose Your Soul
Pa Pa Power
I stumbled upon this band last year and the first song I heard from them was Pa Pa Power. Ever since then I was obsessed! Somehow, I stopped listening to them & one day I went on Last.fm to look them up. I realized that the lead singer was my beloved husband, Ryan Gosling
Album: Yuna
Artist: Yuna
Favorite songs:
Fading Flower
This Malaysian beauty named, Yuna, is definitely my cup of tea. Every song is beautifully written and sung with such sweetness & serenity. This is her first album that she's come out with, and I hope you guys check her out and buy her album!
Album: Electra Heart
Artist: Marina & The Diamonds
Favorite songs:
The State of Dreaming
Starring Role
Teen Idle
Marina Lambrini Diamandis. (absolute perfection) I discovered this majestic gem last year. The first song I ever heard from her was Primadonna & to be completely honest, I thought it was Katy Perry who sang the song! CLEARLY, I thought wrong. Her music is the perfect combination of Indie & Pop. AND her lyrics are so whip-smart and witty. This is honestly, by far, the most beautiful pop music I had ever heard.