Archive for August, 2017

For First Time In Florida’s History, A White Man Was Executed For Killing A Black Person – EBONY.com

Since 1976, 20 Black men have been executed for the murders of Whitevictims. Yet, a Thursday will mark the first time in the states history that a White man will be executed for murdering a Black personaccording to the Associated Press.

In 1987, Mark Asay killed Robert E. Booker after making a slew of racist comments towards the 34-year-old. He then murdered 26-year-old Robert McDowell whom he solicited for sexual services after discovering a mixed-race Dowell was a man. Asay was sentenced to death for the murders the following year. Asay, 53, belonged to a white supremacist group while in prison.

Onon Thursday, Asay will diedby way of lethal injection in Florida. One of the three drugsthat will be used to kill Asay etomidate,has never been used in any other executions in the U.S.

Controversy has surrounded Floridas decision touse the drug for lethal injections.

Doctors hired by Asays lawyers claimed that on some occasions, the drug has caused pain andinvoluntary writhing in patients.

The Florida Department of Corrections follows the law and carries out the sentence of the court, Michelle Glady, the Florida Department of Corrections spokeswoman, said in a statement obtained by AP. This is the Departments most solemn duty and the foremost objective of the lethal injection procedure is a humane and dignified process.

In regards to the history, Florida will be making on Thursday, executive director of Floridians for Alternatives to the Death Penalty Mark Elliot doesnt consider the milestone to hold much implication.

This does nothing to change the 170-year-long history of Florida not executing whites for killing blacks, Elliottold AP.

In2005,Florida adopted the Stand Your Ground Law, a proposal by the corporate-fundedAmerican Legislative Council (ALEC). The law is used to pardon those who have injured or killed someone under suspicion their life was being threatened.Stand Your Groundwas used as the basis for the acquittal of Trayvon Martins killer George Zimmerman in 2013. In June, the law wasamended by Florida Governor Rick Scottto make claims of self-defense simpler.

Asay was also the first Florida man to be executed in 19 months after the U.S. Supreme Court put a hold on executions in the state.

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For First Time In Florida's History, A White Man Was Executed For Killing A Black Person - EBONY.com

How to Create Powerful Social Network Platform in 8 Steps | Inc.com – Inc.com

How did Mark Zuckerberg change the world? He built a global community that brings people closer together. The origins of Facebook are available to the general public. Everyone is familiar with the story of building social network platform that will greatly impact human relations and economy. Mark's vision of community opened a door to many variations of social media network platforms that today exist. Jack Dorsey created Twitter in March 2006. Rome may not have been built in a day, but Twitter was built in just two weeks, says Jack.

A few years later Kevin Systrom and Mike Krieger built a pared - down photo app today known as Instagram.

Facebook has now 2 billion monthly users, Twitter 328 million and Instagram 700 million worldwide users.

Mark did pave the way for many new social media networks. He got one brilliant idea that greatly impacted the humanity. However, other social media channels were created only because their CEOs were smart enough to recognize good opportunity at the right time. Facebook did all of the hard work and now building a social network website from scratch is a lot easier process than before. Nowadays, creating a social media network can be done quick by following certain unwritten rules and regulations.

How to build a social media network/community website from scratch? What does this mean from business and development point of view?

I've compiled a list of 8 steps that you need to follow in the process:

1. Identify your community

If you don't want to shoot in a dark and have financial losses you need to identify your community. The process of identification needs to be done in the brainstorming stage. Social network platform is created to meet certain needs of the population. Identifying preferences and dislikes of your community will help you in better understanding the psychological factors that affect them as a consumer and what you can do to get their attention. Sometimes the need for what you are offering won't exist on the market, that's why gathered demographics and psychographics data will give you the power to trigger and create that need.

2. Define the features and functions

The definition of the features and functions is tightly related to the quality of the identification of your community. Your community wants and needs will shape and outline the features of developing a social network website. What do you want your users to do? How will you define the privacy of the data?

The overall vision of your website is crucial. Macro scan that will break things down into categories such as user functions, administrative functions, and advertising is a must thing to do.

Defining the type of data that will circulate, what they can post, how they will register and what automation you should use is only the beginning. There are a lot of things to be considered at this phase.

3. Choose the right technology

Identifying the features and functions of your social media network will determine the platform and the company where you can create your own network. The biggest issue at this stage is the doubt about what method will be effective and efficient for your social media network. Evaluating technology is something that must be done by professionals. Hiring a consultant to help you compare technologies is a great solution. It will save you time and money.

If you choose to do it by yourself then you need to prepare list of relevant questions to ask. You can apply different CMS such as Ning, Drupal, Ruby on Rails, or .Net

The questions will allow you to see if their technology and solutions completely support your idea.

The last thing you can do is analyze existent social networking platforms and what building technologies they have used. This learning process will help you figure out various issues and opportunities for your social media network. Here's a few other useful tips when choosing which social network is right for you.

4. A must have structure

Once the user-specific features are listed, you must prepare the growth environment. Certain general rules apply for building all web pages and are out of huge importance for your social media networking platform since you are trying to engage users in social activity and keep them longer on your site. There are three must have pillars that you need to incorporate if you want your social media network to be successful and profitable.

Customer service - Partnering with a hosting company can change your life. They will deal with technical issues and any other issue related to your platform.

Security - Use reliable security systems that will make your users feel like they can do everything on your social media platform without worrying about privacy intrusion and data leaks.

Scalability - When you start building a social network from scratch you have to consider growth. Facebook was not familiar with the fact that it will grow to this extent. Mark was prepared for growth even when he wasn't sure that he will achieve global success. Your social media platform has to be able to expand easily and quickly so it can follow the pace of your growth.

5. Design Activity Stream

What is a social network site without activity stream? Nothing. Nowadays, activity streams are the core of every social media website. Facebook introduced this feature first and since he sets the standards on the market, the concept went mainstream and affected everyone. The fascination people have with their friend's activity is real. We want to know what they are doing, how they are feeling every moment of the day. Failing to develop quality activity stream can affect the attractiveness of your social media network. This is the focal point and the driving force behind the success of launching a social network. You can use Joomla 's plug ins or Drupal's activity stream module that accomplishes this very well

For example, activity feed of Ning allows you to connect your network to Facebook, Twitter or to add RSS feed. Stay always tuned with the comments, likes and shares, which are shown in your news feed. You can make publications in the form of tweet or post, and decide what to show in your activity feed, and who can see your updates. These features let you highly customize your network.

6. Create Status Update Features

Status updates are crucial. Every social media user wants to express their feelings and thoughts freely anytime of the day. You need to design the perfect tools that will make the status updates pleasurable and easy experience. Even though Facebook popularized the activity stream, Twitter made the status update another mainstream aspect of social media sites. Status updates are incredibly addicting. People are immediately hooked. If this feature is not user-friendly and easy to use they will abandon your social media platform immediately. What can you do to design the perfect status updated tool?

It really depends on the values your social media is built. Twitter made an amazing move by limiting status updates to 140 characters. The developers were grateful for that decision. It made their work so much easier. Of course, you have to make sure to add comment adding options on the status updates. In other words, interaction with other users is everything.

There are a lot of open-source microblogging platforms you can use for developing quality status update features. Laconi.ca or Identi.ca are perfect for it. If you are using content management system like Joomla, it is easy to make a content type that has a limited number of characters.

7. Quality Viewing Data options

How to increase the engagement level and clicks on the site? You need to create multiple data viewing features that will increase the visibility of the content on your social media platform. Remember, users will see only what you allow them to see. Do you have enough data viewing options available? If the answer is no, then check the list of features you need to make available for your users:

- Popular Upcoming Stories

- Popular Stories in the last 24 hours

- Popular Stories in the last 7 days

- Popular Stories in the last 30 days

- Popular Stories in the last year

Remember when Facebook launched their timeline features? How fascinated everyone was by the fact that they can access history data so easily, with just one click. Users get excited a lot of social data.

The data viewing features must have user - centric design. It must be easy to use and accessible. Everyone has different preferences. Allowing people to access and tailor their experience is a big plus and will keep them coming back again and again to your social network platform.

8. You need to attract the right users

After everything is said and done, in terms of defining the target audience and developing the right features the next step is attracting the right users. There are a lot of tools that will help you create awareness on the market. Facebook was created in a college environment and it was a pioneer in the social media industry. What helped Mark the most is the good old word of mouth. Even though this is a traditional marketing tool is still effective. Before people start talking about your social media they need to be aware of it. Digital marketing has tools to increase awareness. It has the right set of available options that will help you reach your goals and it's cost effective too. Here's how to do it:

1. Email Marketing - Do you have an email database? If you don't, you must create one. Lead generation tools are available and can help you down the line. Unbounce in their article offers the right tips and tools that can help in preparing your email base. After you created your relevant database, prepare engaging templates and use them for newsletters. Don't worry if you are not experienced with email marketing.

2. Blogging - Create your own blog where you will discuss your new social media platform. People like to read useful information. Give them that, focus on what they like and give them the titles they are interested in. The best tactic is to contact blogging influencers and make them write a piece for your social media platform on their blog. Neil Patel applied this technique in his early struggling days and he achieved a lot in terms of traffic and engagement later. You can even monetize your writing endeavors.

3. Engage with people - When other portals mention your social media network or write news about you, you need to act immediately. Engage with them. Make a connection. Build a community. Ask them about another piece of content and reply to that story with your own blog. People appreciate engagement and care.

4. Activate paid ads - Google ads can do wonders. Activate multiple paid ads for a certain period of time. Use different wording for each ad and see what works the best. Through testing find out what gives the best result and focus all your marketing budget there.

With the numerous available resources today, creating a social media platform is easier than it was in the past. Doing a quality research is a must activity before you start with anything else. The right information can save you time and resources. There are three types of companies that have emerged in the space of white label social networking according to Techcrunch.

In their article, they review the best social media building tools and rank them based on quality. Remember to focus on the tools that will benefit your idea the most. Focus on the core values of your social media platform and build it the best you can. Success is inevitable if you plan everything the right wat. Who knows, maybe your idea will change social media forever.

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How to Create Powerful Social Network Platform in 8 Steps | Inc.com - Inc.com

SEBI Concerned About Fundraising Via Social Networking Firm … – Inc42 Media

The Securities and Exchange Board of India (SEBI) has reportedly written to LinkedIn Corp, questioning the company over a potential breach of the Companies Act. According to sources, the market regulator has alleged that the business-oriented social networking service is providing startups and individuals a platform to raise money publicly.

However, LinkedIn has denied all such allegations. Head of Consumer PR-Asia Pacific, Deepa Sapatnekar stated, LinkedIns vision is to create economic opportunity for the entire global workforce. We can confirm that LinkedIn is not engaged in any activities associated with the securities market.

LinkedIn currently reaches more than 42 Mn users across India, some of whom are angel investors. The platform also hosts several funding groups that claim to offer financing to any registered LinkedIn users involved in entrepreneurial activities.

Popular groups that fall in this list include Startups and Entrepreneurs Get Funded (62,396 members) and Global Investment Network (44,005 members).

Email queries sent to LinkedIn did not elicit a response at the time of publication.

Given the wide user base of the social networking platform, the SEBI believes that the number of investors funding startups through these LinkedIn groups could very well be upwards of 200. This stands in direct violation of the Companies Act, which dictates that a private company securing funding from 200 or more investors should make a public issue of the securities on an established stock exchange.

One angel investor told Livemint requesting anonymity, For practical reasons, these online networks can be used by companies/startups to solicit funding from practically millions of registered users. So, a founder of a company can be a part of such groups and propose detailed funding proposals in the group, which can be broadcast to all the members within a second. In comparison to professional and dedicated Indian online funding platforms, LinkedIn and Facebook have enormous reach.

As per reports, the concerns were raised by the SEBI in a letter to the social networking service, wherein the regulatory body asked the social networking service to share details of the measuresithas adopted to ensure that private placement norms are not violated.

In the second week of August, it was reported that the SEBI is looking to finalise crowdfunding norms. In the case of larger firms, the SEBI is considering exempting crowdfunding activities from the private placement norms under the Companies Act.

Around the same time, the board formed a Committee on Financial and Regulatory Technologies (CFRT) to examine ongoing and medium-term trends related to fintech in the securities and financial markets worldwide. The 10-member CERT committee is being headed by T.V. Mohandas Pai. The committee has been created to advise the market regulator on opportunities and challenges for new solutions and its impact on the countrys securities market.

In a separate development, between July 2017 and August 2017, the Securities and Exchange Board of India sent notices to a dozen angel networks, asking them to reveal details of their fundraising business. The aim, according to a SEBI official, was to know the persons running these platforms, and whether these platforms are operating like exchanges; whether public issue norms are being sidestepped.

As revealed by sources close to the development, LinkedIn is currently working with the SEBI to address concerns surrounding the Companies Act. How it will affect its reach among angel investors and startup founders will likely become clear in the coming months.

(The development was reported by Livemint)

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SEBI Concerned About Fundraising Via Social Networking Firm ... - Inc42 Media

MA: Riley applies under state const. to digital cameras

ABA Journal's Blawg 100 (2015-2016)

by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact / The Bookwww.johnwesleyhall.com

2003-17, online since Feb. 24, 2003

~~~~~~~~~~~~~~~~~~~~~~~~~~

Fourth Amendment cases, citations, and links

Latest Slip Opinions: U.S. Supreme Court (Home) Federal Appellate Courts Opinions First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit D.C. CircuitFederal CircuitForeign Intell.Surv.Ct.FDsys, many district courts, other federal courts, otherMilitary Courts: C.A.A.F., Army, AF, N-M, CGState courts (and some USDC opinions)

Google Scholar Advanced Google ScholarGoogle search tipsLexisWebLII State Appellate CourtsLexisONE free caselaw Findlaw Free OpinionsTo search Search and Seizure on Lexis.com $

Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General's site SCOTUSreport Briefs online (but no amicus briefs) Oyez Project (NWU) "On the Docket"Medill S.Ct. Monitor: Law.com S.Ct. Com't'ry: Law.com

General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org Federal Law Enforcement Training Center Resources FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf)Stringrays (ACLU No. Cal.) (pdf)

Congressional Research Service: --Electronic Communications Privacy Act (2012) --Overview of the Electronic Communications Privacy Act (2012) --Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy FoundationElectronic Frontier Foundation NACDLs Domestic Drone Information Center Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog

"If it was easy, everybody would be doing it. It isn't, and they don't." Me

I am still learning.Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).

"Love work; hate mastery over others; and avoid intimacy with the government." Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."Mapp v. Ohio, 367 U.S. 643, 659 (1961).

"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property." Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth." Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." Katz v. United States, 389 U.S. 347, 351 (1967)

Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for meand by that time there was nobody left to speak up." Martin Niemller (1945) [he served seven years in a concentration camp]

You know, most men would get discouraged by now. Fortunately for you, I am not most men!---Pep Le Pew

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MA: Riley applies under state const. to digital cameras

CIA uses a secret tool to spy on NSA, FBI and other intel partners – Engadget

Based on the info written in the documents, the CIA pre-installed ExpressLane in the systems of newer partners. For older ones, it gets installed by an agent personally visiting a partner site under the guise of installing a software update. ExpressLane disguises itself as a harmless exe file in Windows' System 32 folder, but it actually collects files of interest. When an agent inserts a thumb drive to run the fake software update, ExpressLane automatically uploads the compressed and encrypted files it gathered.

That thumb drive will also install a "kill date" that disrupts the system by a certain date, forcing the partner to call the CIA for service. This tactic guarantees agents can collect data even if a partner refuses the shady software update. It's unclear what the CIA plans to do with all that biometric data -- it could be using them for a secret operation, but it could also be collecting them for no particular reason. Either way, the more info it gathers, the more powerful it becomes, so it's not really surprising for the agency to ensure that nobody can keep secrets from it.

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CIA uses a secret tool to spy on NSA, FBI and other intel partners - Engadget