Microsoft VP says infected PC’s should be quarantined

Microsoft VP Scott Charney suggested at the 2010 RSA Conference that infected PC’s should be quarantined – blocked from accessing the Internet. He suggests that this might be accomplished by relying on ISP’s to do it, by paying for security measures using tax money, by government regulations, or by unspecified “market forces.”

This raises some serious concerns if it is done involuntarily.  Do you trust Microsoft to install a procedure that automatically isolates your computer from the Internet if it detects an infection? If Microsoft doesn’t do it, should Congress pass a law allowing your computer to be isolated? How would you lift the quarantine if your computer is not really infected?

You also have to ask yourself, who will make money from this process? Do you really want to try to access the Internet and see a window that says, “We have detected a virus on your computer. Pursuant to the United States Code and the user agreement which you approved when you installed your web browser, your computer will not be allowed to access the Internet until the virus has been removed. We will remove the virus from your computer immediately if you install our software for a low, low price of $____. Click “Accept” to purchase this software and access the Internet. By clicking “Accept” you are agreeing to all terms in the attached User Agreement.”

Posted in Uncategorized | Leave a comment

German court overturns data retention law

Germany’s highest court overturned a law passed by the European Union requiring phone and e-mail providers to retain e-mail, landline, and mobile phone records for six months.

http://news.cnet.com/8301-13578_3-10462117-38.html?tag=nl.e703

This is a developing area of the law in the U.S. also. People caught up in lawsuits can be in for a rude awakening when their e-mails, texts, Internet postings, and social networking pages are offered into evidence. Some of these data can be difficult to secure, however, because providers often delete it after a short period of time. Courts and legislators are wrestling with the privacy issues raised by these new methods of communications. The best policy is not to transmit anything unless you would be comfortable reading it on a billboard on the way to work.

Posted in Uncategorized | Leave a comment

Article on “Traveling” and the Motorist Protection Act posted!

I just posted an article on the 2005 bill that reformed Texas’ handgun laws (HB 823) and the 2007 Motorist Protection Act (HB 1815). These laws comprise the biggest reforms of Texas firearms laws ever, even bigger than the concealed handgun law. Now the millions of Texans who carry guns in their cars can worry a lot less about getting arrested and prosecuted.

http://healymilnelaw.com/?attachment_id=147

Hope it’s interesting to you.

Posted in Firearms Law, Recent Trends | Leave a comment

Four CLE Papers Posted!

I just posted four papers I wrote for continuing legal education seminars:

  1. 2-3-10 Ethical Traps CLE – Powerpoint presentation
  2. 2005 Lorman Firearms Law paper
  3. 2004 State Bar of Texas Firearms Law paper
  4. 2003 State Bar of Texas Firearms Law paper

Enjoy!

Posted in Continuing Legal Education papers, Firearms Law, Legal Ethics | Leave a comment

Italian Court convicts three Google execs of violating privacy laws

An Italian court has convicted three Google executives of violating privacy laws. The conviction was in absentia, meaning that the defendants were not even present.

The violation stems from a video showing an autistic boy being abused. The video was uploaded by a user and posted on Google’s site, not just reported through its search engine. It was removed within two hours of the time Italian police contacted Google. The Court held Google responsible, and pursuant to Italian law, held the executives responsible for the company’s actions.

The Court sentenced each of the three to six months’ confinement, but suspended the sentence. The executives are appealing, but they may not have the same incentive to fight the convictions because the consequences are light. This magnifies the worry that the case may establish a precedent. This is part of a trend where governments attempt to regulate or limit Internet content accessible in their countries. Some countries use this to stifle criticism or dissent.

One issue is whether providers should be held responsible for content posted by others. The United States adopted the Communications Decency Act in 1996, granting service providers immunity for content posted by others.

Another problem is jurisdiction. Should a country be able to exercise jurisdiction over a person just because he or she posted something on the Internet that can be accessed in that country? In the U.S. the state and federal laws on jurisdiction require a more substantial connection with the specific state, before a person can be sued there.

This holding potentially threatens everyone who maintains a website. If service providers are responsible for policing content posted by their users, then get ready to pay enough for Internet access to allow those providers to hire armies of people to police their sites. More importantly, how many people will post anything to the Internet if they face criminal prosecution in every country on the globe? You could potentially have to research the laws of almost 200 countries, before feeling safe about posting anything to the Internet.

Posted in Recent Trends | Tagged , , | Leave a comment

The IRS is Hiring–A Bad Dog Looks for New Bones

At a continuing education seminar tailored for tax attorneys and certified public accountants held in Austin, Texas in December of 2009, officials from the IRS flew out from Washington and announced that up to 2,500 new Revenue Officers would be hired by the agency in 2009 and 2010.  The IRS announced to those of us who represent individual and business taxpayers of its intent to aggressively collect past due federal taxes.  The hiring of such an unprecedented number of Revenue Officers in such a short period of time does not bode well for the taxpayer. 

A Revenue Officer is empowered by the United States to take whatever legal means is necessary to collect taxes.  These individuals are based in the community and may come to the home or business of a taxpayer to examine books and records or to collect.  A Revenue Officer may issue summons for records,  may record federal tax liens upon real property, or may issue bank or wage levies to seize assets or income.  The Revenue Officer is the IRS’s “bad dog”, and the unarmed and unprepared taxpayer is often just another bone on which the Revenue Officer chews,  until the poor taxpayer, rightly or wrongly, simply gives up and gives in. 

Given the current level of federal debt and poor economic outlook, it is highly unlikely that the United States Treasury is going to have much compassion for those who have not or cannot pay thier taxes.  Rather than hiring more persons who could  assist the embattled  taxpayer, such as those employed by the Taxpayer Advocate, Uncle Sam is clearly looking out for it’s own bottom line.

Posted in Recent Trends | Tagged , , , | Leave a comment

Healy Milne & Associates Website Update

The Healy Milne & Associates team is happy to release our new website. Make sure to read about our attorneys Peter G. Milne and Sean P. Healy and our staff. Subscribe to our RSS Feed through your favorite RSS Reader (such as Google Reader) and make sure to stay up to date by following us on Twitter, Facebook and LinkedIn.

The Healy Milne & Associates Team

Posted in Technology | Tagged , , | Leave a comment

Estate-Tax Repeal Means Some Spouses Are Left Out and 2010 is a Great Year to Die

Because of congressional “malpractice”, the federal estate tax is repealed for all of 2010. As reported by Martin Vaughn in the January 2-3, 2009 issue of the Wall Street Journal, certain provisions included in most wills and trust documents that were written on the expectation that estate taxes were a fact of life for years to come is wreaking havoc in the world of tax attorneys and estate planners. One unintended consequence of Congress’ failure to do its job is caused by a common provision in a will or trust that direct assets not subject to the estate tax (the amounts excluded from the estate tax by law), bypass the surviving spouse and be directed downstream to benefit the decedant’s children. Since there is no estate tax in 2010, (100% exclusion) all the decedant’s assets will simply bypass the spouse and go straight to the children. Do not pass go, do not collect $200!

An even more creepy unintended consequence is the possibility that some wealthy, terminally ill person or those ungrateful kids who hate step-Mommy and who will stand benefit from Daddy’s early demise may choose to “pull the plug” in 2010 or pray that Daddy “goes to Heaven” sooner rather than later. We all know that a family who prays together stays together. “Take That!” Who says a Democratic controlled Congress doesn’t stand for “family values”?

Posted in Legal Opinion | Tagged , , | Leave a comment

Welcome to Healy Milne Law

Welcome to the blog of Healy Milne & Associates, P.C. We will use this space to relay thoughts, publishing, news and other things of interest that relate to the wonderful world of the law. In the meantime, make sure to visit our website.

Regards,

The Healy, Milne & Associates Team

Posted in Uncategorized | Leave a comment
Copyright © 2010 Healy Milne & Associates, P.C. Developed by Mediabloom - Login