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LKdaniel Do you use Mozile Firefox as your main browser? Is someone keeping an eye on you? Do you want to shake your tail and get rid of them? When you want to hide what you have been doing online, its important to learn how to clear your internet history. Clear your internet history and leave your anxiety behind.
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LKdaniel Avoid getting anyone checking out what you were doing online by learning with us how to clear your history. If you use Internet Explorer 7, it wil take you less than 1 minute to get rid of your browsing history using this tutorial lesson.
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LKdaniel Keep your browsing private and your browser updated using the tips and hints on this lesson. If you do not know how to clear your browsing history, you have got to the right place because we will guide you step by step on how to do it. Check this video and keep people away from your personal browsing activity.
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ArianaCR Learn some basic skin care treatments with our expert to look healthy and young! On this lesson, we will tell you how to start clearing clogged pores using facial scrub. We will guide you step by step into how to apply a topical salicylic acid creams to goodbye to the impurities on your skin.
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Christina Would you like to know if you should go for a water based or a solvent base clear coats when doing your wood projects? On this video, we will present you examples of clear-coat wood finishes using both of these options so you may take the best decision for your interest.
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LKdaniel Needing to make some little adjustments on your car? We want to give you a hand to take care of them. In order to adjust a cars headlights, you need to find a good screwdriver to access the vertical and horizontal adjustment options of your lights without complications.
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LKdaniel Want to learn how to clear up clouded headlights? This is the tutorial you have been looking for! Come and learn how to apply plastic cleaner to a dry rag and rub the headlights back and forth for several minutes to say goodbye to your clouded headlights.
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LKdaniel Keeping your car looking good and running fine is one of your priorities and we understand that because our vehicles is part of our lives and help us to take care of pretty much anything we need to do around. On this lesson, we are going to show you how to fix and clean foggy headlight without complications. Besides fixing a foggy headlight through replacement, an alternative is buying a kit that comes with a cleaner and a buffer.
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jamiep Darn those blemishes! Flawless skin isn’t only for those with clear skin. Sun spots, freckles, genetic skin discoloration around eyes and mouth, and acne scars are all things even celebrities have. Read on for tips on how to fake flawless skin.
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AndyLC29 Meditation is not as hard as it sounds, it's really simple. Meditating helps clear the mind and get rid of daily stress. You will find that after meditating, you will be able to think clearer and be more productive. 10 Minutes a day is all you need and you will find that you are a much happier, peaceful person.
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KenWoodall What is the G20? Today I will explain the basics of G20, what it does, who is involved, and how it affects me and you as well as the entire world. Because of the recession, establishing clear rules for our economy is essential. This explanation will help you understand why the G20 exists and how it influences the world.
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Monica M Everyone wants clear skin but some people are more unlucky than others. It can take a lot to get clear skin depending on your skin but these steps, no matter what kind of skin you have, will definitely make your face feel and look a lot better!
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JollyBean If you have to adjust a car's headlights, make sure that you do it properly so you make the most out of the task. Headlights are an essential part of your car, and are important in making sure that you get the most visibility possible.
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JollyBean If you have to adjust a car's headlights, make sure that you do it properly so you make the most out of the task. Headlights are an essential part of your car, and are important in making sure that you get the most visibility possible.
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CanonZR Driving in foggy weather is dangerous especially if you are not fully prepared to do so. You must be prepared for the additional challenges that you will encounter on the road, made even more difficult by the decreased visibility.
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InternetLitigators By Jeffrey A. Cohen
CHAPMAN, GLUCKSMAN & DEAN
January, 24, 2007
In 2003 certain members of the Trevor Law Group were infamously investigated to the point of resignation under charges by the State Bar of California for their role in what amounted to an alleged "shake down" scam involving threatened and actual lawsuits under the former version of California's Business and Professions Code section 17200 for what amounted to minor code violations. They preyed upon small businesses, many of which were minority owned.
In 2007 the players and statute have changed but the game is essentially the same. In this round, the name of the game is 17529.5 or more specifically, California Business and Professions Code Section 17529.5 (Restrictions on Unsolicited Commercial E-Mail Advertisers) CA B&P Division 7, Part 3, Chapter 1, Article 1.8 effective January 1, 2004. This statute essentially constitutes the remainder of the California Anti-Spam efforts after they were largely annihilated via Federal Preemption by the passing of the acronym driven Federal Act known as the "Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003" or CAN-SPAM ACT of 2003.
Certain individuals including some opportunist lawyers have taken up the purported cause against SPAM as our "Heroes in Arms" under the mantra "something must be done". However, in reality many of these individuals are interested in nothing more than lining their own pockets by extorting money from well intended small business web site owners while they accomplish nothing in the war on SPAM whatsoever.
If you should receive a threat letter from one of these individuals do not take it lightly. They can and will proceed to court - generally small claims court since there are no lawyers allowed - to attempt to secure a judgment against you. Technically, 17529.5 does allow for such suits so prudent web site owners must know the rules of the game in which they are ever increasingly being forced to play. Until it was amended, B&P 17200 also permitted such suits even without any "real injury". The amendment to 17200 by Proposition 64 added the requirement that there be some real injury before such suits could be maintained. Until such time as a similar amendment is made to 17529.5 or it is found to be pre-empted by Federal Law these opportunist lawyers and others will continue to make these demands, file suits and even likely prevail against those that are not prepared to defend them.
COMPLIANCE WITH 17529.5
It is often said regarding football that "the best offense is a good defense". This applies no less to the 17529.5 game as well. Therefore, we recommend that you start by ensuring that you comply with the statute - yes, even if you are not in California. Compliance with the statute is not particularly arduous and to the extent that compliance does give all of our SPAM filters a break it is a good thing anyway.
The basic requirements are that you make sure that your email does not do a few things:
1) The e-mail advertisement contains or is accompanied by a third-party's domain name without the permission of the third party.
(2) The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information. This paragraph does not apply to truthful information used by a third party who has been lawfully authorized by the advertiser to use that information.
(3) The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.
That's it. If you do that, the opportunists can still sue you under the theory that "you can sue anyone for anything" but you will likely win and at a minimum you or your lawyer can write a strong letter in reply to the initial demand and send the opportunist packing.
WHY THEY DO IT
The remainder of the section talks about how the opportunists get rich demanding money from you. Specifically, either the Attorney General can come after you, an e-Mail service provider can come after you (yes that's Web Hosting Companies) or - and here is the rub - "a recipient of an unsolicited e-mail advertisement". Therefore, essentially anyone that receives a SPAM message that violates 17529.5 can file a lawsuit in California in a real court with real judges and real lawyers (and real budget problems) against anyone that "advertise[s] in a commercial e-mail advertisement either sent from California or to a California electronic mail address (which is what exactly?)"
For their efforts, if they are successful they get either their actual damages (the cost of hitting delete?) or, and this is the rub again, $1,000.00 per email advertisement in addition to attorneys fees and costs - which the opportunist lawyers will claim they are entitled to for their own time.
What you need to know is that as of the date of this article there are exactly NO cases in California that deal in any significant way with the language of this section. The opportunists will expound on the definitions that they believe are most convenient to them but the reality is until the Appellate court defines some of the elements of this statute interpretation remains in the eye of the beholder.
I GOT A LETTER - WHAT NOW?
If you should find yourself on the wrong end of a vicious threat letter and in possible violation of the above sections there are a few things that you should consider before you get out the checkbook.
Ask these questions as each may lead you to a defense:
1.
Is the e-mail a "commercial e-mail advertisement" as defined in B&P section 17529.1? (see §(b)(1)(A)(iii)
2.
Was a domain name used "without permission"? (see §(a)(1))
3.
Is the header information accurate? (see §(a)(2))
4.
Is the subject line misleading? (see §(a)(3))
5.
Was the email sent over your "own network" - again there has been no interpretation of this to guide us. (see §(b)(1)(D))
6.
Do you have in place practices and procedures designed to prevent SPAM. If so under section (b)(2) the penalty is reduced to $100.00 per advertisement.
7.
Note the language that says 1000.00 or 100.00 "per email advertisement" - it does not say per email therefore copies of the same email should only count as one.
If you are in small claims court make sure that you file all of the appropriate response forms and comply with all appropriate deadlines. If the trial date is not convenient most jurisdictions allow for a continuance upon written request in writing. Most jurisdictions also provide a public service line to assist you with the requirements and many forms can be found on line on sites such as www.findlaw.com.
On the day of trial, come prepared to show how your advertisements comply with the statute. Come with proof of your policies and procedures to eliminate non-compliant emails. Bring witnesses that have this information if you do not directly. Know your facts, dates, times and content of headers. Be able to prove that the email was not yours if indeed that is the case.
Consider hiring a lawyer and having the matter transferred out of small claims court into Superior court in order to allow the use of counsel.
AFFILIATES AND INDEMNITY
Your lawyer should have included in your affiliate agreement language that protects you against these claims and obligates your affiliate to defend and indemnify you against any such claims that you receive as the result of your affiliates actions. Mention this at your next annual document review.
While not entirely clear from the statute the opportunists will claim that you are responsible for the actions of your affiliates however there is room in the statute to assert in defense that it is only the person that sends the email that can be held responsible for any violation of the statute. The language "advertises" is vague and requires clarification however since you as the affiliate program manager cannot control and likely had no knowledge of the violation of this statute by your affiliates there is an argument that it is not intended to apply to you.
SUMMARY
This statute is not about sending someone an email they didn't want. It is STRICTLY about preventing e-mail that either uses a domain name without permission, contains false, misrepresented or forged header information or contains misleading subject information. Without one of those elements there is no violation of this section.
Even if you have an email that arguably contains a violation of this statute depending upon your policies and procedures your damages can be significantly reduced. Speak with your lawyer as to how this may be accomplished.
Finally, as always, we recommend that you hire knowledgeable California counsel familiar with the issues surrounding these claims both to review your email campaigns and to assist you in response to any claims or demands that should arise.
The California State Bar is likely examining these issues now under the same light that they viewed claims under 17200. Certainly SPAM is bad but unscrupulous lawyers and other individuals that clog the courts with minor concerns with relatively no public interest primarily for the pecuniary gain of the lawyers and plaintiffs is far more costly and of greater concern.
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InventiveMinds In last month’s column I introduced this series by reviewing some general infant intellectual tendencies and abilities. This article addresses some exciting research on the baby's brain and how brain growth is connected to his actions. In addition, I will touch on a few related issues such as the effect of an enriching or sterile environment on infant’s are raised.
1. Electrical activity of brain cells changes the physical structure of the brain.
A baby is conceived out of a single cell. But during the next nine months, her brain grows so rapidly that by the time she is born, she has around 100 billion neurons; all the cells she will ever have, no more neurons will be added over the lifespan.
The brain begins working well before it is finished and it does so through electrical activity. This activity drives the explosion of learning that occurs immediately after birth. Shortly after birth, the brain produces trillions of connections between neurons, more than it will possibly use. These connections are the basis of new learning, the physical structures upon which knowledge and know-how are based. The more connections, the more knowledge and know-how are potentially available to the child. After a certain period, if not used these connections will disappear.
It is relatively easy to show correlations between these neuronal connections (synaptic formations) and a baby’s actions:
At 2 months these connections, called synapsis, begin in the motor cortex of the brain. The result is that at this particular age infants lose their startle and rooting reflexes and begin to have some control over them.
At 3 months synaptic formation peaks resulting in the baby’s ability to focus his eyes.
At 8 or 9 months the hypocampus becomes fully functional --- babies can now form explicit memories. This is why at point in time babies realize that an object is hiding under the blanket proving their ability by removing the blanket to grasp the object!
Between 6 and 12 months the prefrontal cortex, the seat of forethought and logic, forms synapses at a furious rate, so much so that it consumes twice the energy of an adult brain. By this age, the child can think about things quite intelligently. He can lift a blanket that has covered a toy to retrieve the toy; he can pull the edge of the blanket on which a toy is resting to bring the toy closer to him; and he understands cause-effect relationships.
By 12 months, a toddler’s auditory map is formed, enabling her to pick up new phonemes, making it possible for language learning to grow by leaps and bounds.
In this brief column, I have tried to show how brain growth makes certain actions possible. But possible does not mean inevitable. These connections do not happen without some interactions. And recently research has made clear that enriching interactions, expedite the connective process. This is the foundation of learning and intellectual development. In the next article we will explore the importance of these interactions in the first few years of life.
2. Deprivation of a stimulating environment, results in brain deficits that affect later development.
Baylor College of Medicine scientists: children who don’t play much or are rarely touched develop brains that are 20%-30% smaller than normal for the age.
University of Illinois researchers showed that brains of laboratory rats which were confined to sterile, uninteresting boxes contain as many as 25% less synapses per neuron.
By age three, a child who is neglected or abused bears marks that, if not indelible, are exceedingly difficult to erase. TIME comment on conclusions reached by Frank Newman, president of the Education Commission of the States.
In other words, poor experiences produce poor brains; conversely, rich experiences produce rich brains.
3. There is a time scale to brain development, and the most important year is the first.
Frank Newman, president of the Education Commission of the States. Well-designed preschool programs can help many children overcome deficits in their homes.
According to physiologist Michael Stryker of the University of California at San Francisco: it is neural activity that sorts out the trillions of connections and gives them order. While heredity gets the process going even before birth, experience, of course, gives rise to the neural activity that drives brain development.
According to University of Chicago pediatric neurologist Janellen Huttenlocher, the size of a toddler’s vocabulary is strongly correlated with how much a mother talks to the child.
Causality is also constructed in the first year of life. Feelings, concepts and language begin to be linked between the 7th and 12th month.
By the age of two, a child’s brain contains twice as many synapses and consumes twice as much energy as the brain of a normal adult. And while these microscopic connections continue to form throughout life, they reach their highest average densities of approximately 15,000 synapses per neuron at around the age of two...
Neurologists confirm that it is repeated experience that wires a child’s brain.
According to all, including Stanford University psychologist Anne Ferald, parents are the brains first and most important teachers. Baylor College of Medicine’s Bruce Perry: Experience is the chief architect of the brain 4. Windows of opportunity: Syntax closes by age 5 or 6.
University of Illinois neuroscientist William Greenough: Potential for greatness is encoded in the genes, but the actualization of this greatness depends on the patterns etched by experience in those critical early years.
A baby is conceived out of a single cell. But during the next nine months, her brain grows so rapidly that by the time she is born, she has around 100 billion neurons; all the cells she will ever have, no more neurons will be added over the lifespan.
The brain begins working well before it is finished and it does so through electrical activity. This activity drives the explosion of learning that occurs immediately after birth and changes the very structure of the brain itself.
Shortly after birth, the brain produces trillions of connections between neurons, more than it will possibly use. These connections are the basis of new learning, the physical structures upon which knowledge and know-how are based. The more connections, the more knowledge and know-how are potentially available to the child. After a certain period, if not used these connections will disappear.
It is relatively easy to show correlations between these neuronal connections (synaptic formations) and a baby’s actions:
At 2 months these connections, called synapsis, begin in the motor cortex of the brain. The result is that at this particular age infants lose their startle and rooting reflexes and begin to have some control over them. Gone are the days when the baby involuntarily turns his cheek in the direction of your finger touching the side of its mouth (rooting). The connection is very clear -- the moment the connections begin to develop in the motor region of the brain, motor action, in this case the reflex, is affected.
At 3 months, synaptic formation peaks resulting in the baby’s ability to focus his eyes.
At 8 or 9 months the hypocampus becomes fully functional --- the result: babies can now form explicit memories. This is why at this point in time babies fully develop the Object concept, that an object can exist without having first-hand perception of it. Now they can fully realize that an object is hiding under a blanket. To prove it, they can remove the blanket to grasp the object!
Between 6 and 12 months the prefrontal cortex, the seat of forethought and logic, forms synapses at a furious rate, so much so that it consumes twice the energy of an adult brain. By this age, the child can think about things quite intelligently. He can lift a blanket that has covered a toy to retrieve it (the permanence of objects); he can pull the edge of the blanket on which a toy is resting to bring the toy closer to him (means-ends relationships); and he understands that if he throws the stuffed animal on the floor, mother will quickly return it to him (cause-effect relationships). And how many parents have forgotten that this can turn into a hilarious game for the child and a stiff back for the parent!
By 12 months, a toddler’s auditory (hearing) map is formed, enabling her to pick up new phonemes (linguistic sounds), making it possible for language learning to grow by leaps and bounds.
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