Home › Posts tagged ny › Page 2

ny

ALPR is….

Posted on by — 2 Comments ↓

short for Automatic License Plate Recognition. Sometimes I find mention of the most interesting things in the most unexpected places. Like this brief article on how police in British Columbia are currently using a system that can easily and quickly scan license plate numbers as they drive along that I saw in bookofjoe. Surprised I didn’t see see it anywhere else, oddly enough, particularly given the implications for privacy, etc. Not necessarily that there are any – after all, license plates are there so that they can be seen by the public at large and police officers. That being said, I find it interesting how the application of new technology (optical recognition) to old technology (license plates), significantly alters the implications of how the old technology is perceived.

Sure, its one thing to have police on the lookout for a particular license plate on a car with a known felon who is escaping, but it seems to be quite another for a police car to scan and process thousands upon thousands of license plates while driving around the city.

Wikiality – Part III

Posted on by — No Comments ↓

Bit of an elaboration on a previous post on the use of Wikipedia in judgements. I cited part of a New York Times article, which had in turn quoted from a letter to the editor from Professor Kenneth Ryesky. The portion cited by the NYT article suggested that Ryesky was quite opposed to the idea, which wasn’t really the case. He was kind enough to exchange some thoughts via e-mail:

In his New York Times article of 29 January 2007, Noam Cohen quoted a sentence (the last sentence) from my Letter to the Editor published in the New York Law Journal on 18 January 2007. You obviously read Mr. Cohen’s article, but it is not clear whether you read the original Letter to the Editor from which the sentence was quoted.

Which exemplifies the point that Wikipedia, for all of its usefulness, is not a primary source of information, and therefore should be used with great care in the judicial process, just as Mr. Cohen’s article was not a primary source of information.

Contrary to the impression you may have gotten from Mr. Cohen’s New York Times article of 29 January, I am not per se against the use of Wikipedia. For the record, I myself have occasion to make use of it in my research (though I almost always go and find the primary sources to which Wikipedia directs me), and find it to be a valuable tool. But in research, as in any other activity, one must use the appropriate tool for the job; using a sledge hammer to tighten a little screw on the motherboard of my computer just won’t work.

Wikipedia and its equivalents present challenges to the legal system. I am quite confident that, after some trial and error, the legal system will acclimate itself to Wikipedia, just as it has to other text and information media innovations over the past quarter-century.

Needless to say, quite a different tone than the excerpt in the NYT article. Thanks for the clarification, Professor Ryesky.

Thoughts on Quantum Computing

Posted on by — No Comments ↓

Interesting article in Wired News where they interview David Deutsch who they refer to as the Father of Quantum Computing. He has a kind of low key but interesting take on the recent demonstration of a real, live 16 qubit quantum computer by D-Wave, a Canadian company based out of Vancouver.

Low key insofar as he doesn’t seem particularly enthused about the potential of quantum computers, other than perhaps their ability to be used to simulate quantum systems and of course encryption:

Deutsch: It’s not anywhere near as big a revolution as, say, the internet, or the introduction of computers in the first place. The practical application, from a ordinary consumer’s point of view, are just quantitative.

One field that will be revolutionized is cryptography. All, or nearly all, existing cryptographic systems will be rendered insecure, and even retrospectively insecure, in that messages sent today, if somebody keeps them, will be possible to decipher … with a quantum computer as soon as one is built.

Most fields won’t be revolutionized in that way.

Fortunately, the already existing technology of quantum cryptography is not only more secure than any existing classical system, but it’s invulnerable to attack by a quantum computer. Anyone who cares sufficiently much about security ought to be instituting quantum cryptography wherever it’s technically feasible.

Apart from that, as I said, mathematical operations will become easier. Algorithmic search is the most important one, I think. Computers will become a little bit faster, especially in certain applications. Simulating quantum systems will become important because quantum technology will become important generally, in the form of nanotechnology.

(my emphasis). Interesting thought about being retrospectively insecure. Particularly given spy agencies have, in the past, been sufficiently bold to transmit encoded messages on easily accessible shortwave frequencies.

I imagine the spook shops already have their purchase orders in for quantum crypto stuff (or have developed it already internally). Was a bit surprised by the statement above regarding existing technology for quantum computing. I had heard of some demos a while back, but didn’t realize that there are actually several companies offering quantum cryptography products.

Wikiality – Part II

Posted on by — No Comments ↓

There was some traffic on the ULC E-Comm Listserv (on which I surreptitiously lurk – and if you don’t know what it is and are interested in e-commerce law, highly recommended) about courts citing Wikipedia with a couple of links to some other stuff, including an article on Slaw as well as an article in the New York Times about the concerns raised by some regarding court decisions citing Wikipedia. Some excerpts and notes to expand on my previous post:

From the con side:

In a recent letter to The New York Law Journal, Kenneth H. Ryesky, a tax lawyer who teaches at Queens College and Yeshiva University, took exception to the practice, writing that “citation of an inherently unstable source such as Wikipedia can undermine the foundation not only of the judicial opinion in which Wikipedia is cited, but of the future briefs and judicial opinions which in turn use that judicial opinion as authority.”

This raises a good point that I didn’t mention in my previous post. I certainly think Wikipedia is fine to note certain things, but I really, definitely, positively, do not think that it should be cited as judicial authority. In my previous article I thought this was so self-evident I didn’t bother mentioning, but the quote above illustrates that it might not be all that clear. Court decisions, as most of you know, are written by judges who take into account the facts and apply the law to the facts of the case, along with other facts and information that may have a bearing on the case. The source of the law includes statutes and of course previously decided cases, which enunciate rules or principles that the court either applies, distinguishes based on the facts as being inapplicable, or, in some cases, overturns (for any number of reasons). Court decisions are not, of course, published on Wikipedia and are not subject to the collective editing process of Wikipedia, nor should they be. Rather, references to Wikipedia in court cases are to provide additional or ancillary context or facts to a case. They do not and should not derogate from principles of law that are set forth in court decisions. But, contrary to what Mr. Ryesky, Esq., indicates above, I don’t think referring to Wikipedia for context or facts will suddenly undermine the foundations of law, since the legal reasoning itself still will and must be based on sources of law, not facts and not context.

Hence the following end to the NTY article:

Stephen Gillers, a professor at New York University Law School, saw this as crucial: “The most critical fact is public acceptance, including the litigants,” he said. “A judge should not use Wikipedia when the public is not prepared to accept it as authority.”

For now, Professor Gillers said, Wikipedia is best used for “soft facts” that are not central to the reasoning of a decision. All of which leads to the question, if a fact isn’t central to a judge’s ruling, why include it?

“Because you want your opinion to be readable,” said Professor Gillers. “You want to apply context. Judges will try to set the stage. There are background facts. You don’t have to include them. They are not determinitive. But they help the reader appreciate the context.”

He added, “The higher the court the more you want to do it. Why do judges cite Shakespeare or Kafka?”

Exactly.

The Virtues and Evils of Open Source

Posted on by — No Comments ↓

Yes, I know, I’ve been behind lately. A ton of very interesting things to catch up on. But I’d like to put in one quick note about open source code. I recently came across an article, written last year by a lawyer, generally advising development companies not to use open source. I don’t quite recall where it was (if I did I’d link to it) but I do remember it being quite clear in stating that using open source is A Bad Thing and to avoid it altogether – not just to be careful, but rather to treat it as one would radioactive waste.

With respect, I don’t quite agree. I certainly advise my clients to take a great deal of caution in using open source code, particularly the GPL variety, and very particularly if they have a desire to keep some or all of their own secret, proprietary code secret and proprietary. That being said, I do have many, many clients who have used open source code to great advantage in various ways. Some have simply used existing open source code to avoid reinventing the wheel (and saving on costs), while taking care to keep viral elements out of their proprietary code. Others have been more aggressive with the open source model and have intentionally decided to use open source as the basis for their business model and making their very own code, or parts of it, either open source or subject to a dual-licensing model. As the Red Hats, JBosses, Sleepycats, MySQLs etc. etc. of the world have demonstrated, you can go open source and still have a pretty viable business. And, of course, there are the “old world” companies like IBM who have decided to go open source (in some limited ways – e.g. IBM’s DB2 Express-C thing).

Of course, this is not to suggest that anyone through caution to the wind and just start pulling down stuff from Sourceforge and whacking it into your product. Use of open source definitely requires some planning ahead and consideration of what the business model and value proposition of your business will be. Optimally, enlist the help of a lawyer who’s familiar with open source licenses to discuss what you plan to do and the packages you plan to use. Or, if that’s not feasible, try at least to read the applicable licenses yourself and ensure you comply with them, because if you don’t think that anyone will notice, or that no one will actually sue you, you may want to pay a visit to the GPL Violations Site and reconsider, in addition to the questions that will be asked of you when the due diligence starts on your next round of financing or, even worse, your (aborted) exit event. Can badly managed open source usage (and I emphasize badly managed, not simply open source usage) kill a deal? Definitely.

In short – I don’t think open source is necessarily a bad thing. In fact, it can be a pretty good thing, not just in the social good sense and all that, but also as a business. But it need to be used taking into account its terms of use and ensuring that its consistent with the strategy you plan to take.

If perhaps there’s one thing I’d recommend it would be for shops to make absolutely sure they have a disciplined approach in tracking where code comes from and the terms under which its being used and why its being used. That applies not only to open source stuff, but also, for example, your programmers taking neat snippets of code from Dr. Dobbs or something else, or coming across a nice little script somewhere on the Web and saying “Gee, that’s neat, let’s use it in our product”.

Anyway, if I remember where the article was I’ll update this to include a link.

D-Wave’s Quantum Computing Demo

Posted on by — No Comments ↓

As I mentioned earlier, there was a Canadian company that announced it would demonstrate a working quantum computer this week. And demonstrate they did. Yesterday. In California. Then they released this press release, which is frustratingly short on details.

There was some other minor press coverage, including a short article in Scientific American. The nub:

For the demonstration, he says D-Wave operators remotely controlled the quantum computer, housed in Burnaby, British Columbia, from a laptop in California. The quantum computer was given three problems to solve: searching for molecular structures that match a target molecule, creating a complicated seating plan, and filling in Sudoku puzzles.

But experts say the announcement may be a bit – er – premature. Even if the computer were to work as advertised, it still would be nearly 1,000 times too small to solve problems that stump ordinary computers. Moreover, researchers do not know whether it will work at bigger sizes.

A similar tone was in most other articles that didn’t parrot the press release – namely, that the demo was not very impressive. That part is rather unfortunate, although not wholly unexpected – the company did indicate (somewhere) that this was intended to be a proof of concept to gain interest.

So I guess at least for the foreseeable future, the cryptography industry will still be around.

A Real Quantum Computer – This Week!

Posted on by — No Comments ↓

Sorry, been off sick. One very quick entry from Techworld, about a BC company, D-Wave, that will be debuting a real Quantum computer this week!!

Twenty years before most scientists expected it, a commercial company has announceda quantum computer that promises to massively speed up searches and optimisation calculations.

D-Wave of British Columbia has promised to demonstrate a quantum computer next Tuesday, that can carry out 64,000 calculations simultaneously (in parallel “universes”), thanks to a new technique which rethinks the already-uncanny world of quantum computing. But the academic world is taking a wait-and-see approach.

If it turns out to be true, this will be revolutionary news. I mean, truly revolutionary. If it works, well, say goodbye to most of the cryptography industry, as a quantum computer should easily be able to defeat the most sophisticated encryption methods currently known by simple brute strength. Amongst other things. This is nearly unlimited computing power in a box. Stunning. Assuming, of course, it actually works.

Wikiality

Posted on by — No Comments ↓

Interesting post on the Wellington Financial Blog about “Wikiality” – the practice of taking stuff in Wikipedia as the truth, or, to quote: ““a reality where, if enough people agree with a notion, it becomes the truth.”

JN notes that Wikipedia has been cited by the courts, and this is reason for concern. A snippet:

The practice poses two problems:

  1. The references may be inaccurate; and
  2. Even if accurate, the references are subject to change at any point in the future, making it difficult for any future decisions to refer back to the original or understand the context in which it was made.

Given recent reports of Microsoft offering to pay individuals to make changes to certain Wikipedia articles in which they have a vested interest, the credibility of the site as a definitive reference source again comes into question.

A few of my colleagues at the firm also expressed bemusement when a recent case in Ontario (don’t have the citation, sorry) also cited Wikipedia.

I am quite a big fan of Wikipedia. It is, I think a rather useful and handy tool to refer to from time to time. Do I take it as the gospel? No. Would I use it if I were trying to concoct an antidote for a poison that was about to kill me? Probably not. Would I cite it in a legal research paper? Possibly. In fact, quite likely.

Although Wikipedia is by no means without its weaknesses, it also has its strengths. Sure, there is a possibility of inaccuracy. But then again, isn’t something less likely to have inaccuracies if it is reviewed (and edited) by more eyes (and more minds)? Isn’t it more likely that if there is a dispute about what is and isn’t correct, it will come to light, just like the Microsoft incident?

And what source, can it be said, is free of inaccuracies? Certainly not The New York Times. Although the Gray Lady is quick to point out that it was “deceived” by an errant reporter, it is less quick to reflect on the fact that it published fabricated stories. That of course is the clearest example, but history is rife with examples of inaccurate or misleading stories in the press. Less clear, of course, is media bias. And one only needs to refer to Manufacturing Consent. I don’t necessarily agree with all that book has to offer, but it certainly provides some food for thought.

What about scientific publications? Hmmm. Well. Again, truth is quite often relative. The clearest examples, are, of course, outright fabrication. Nonetheless, Dr. Hwang Woo-suk’s paper on producting the first cloned stem cell line was considered the truth for several years, until he was discredited. And more generally speaking, is it not true that, in the world of science, what is considered to be the truth is what most scientists believe to be true? Is that not the system of peer review? A great read on this topic is The Structure of Scientific Revolutions (as an aside, its also the book that introduced the phrase “paradigm shift” into popular parlance). I won’t bore you with details, but suffice it to say that, at the end of the day, science, at least in concept, may not be that far from wikiality.

My point isn’t necessarily to skewer existing sources of “truth” but rather to point out that such sources aren’t necessarily more reliable or accurate, or less fallible, than something like Wikipedia.

And as for things changing? Make a copy.


Pretexting, Canadian Style

Posted on by — No Comments ↓

From one of my very smart colleagues at the firm – a recent Canadian case involving “pretexting” like activity a la HP.

The short story: A company hires an investigator to see what some former employees are up to, since they’ve started a competing business. Based on what they find out, they sue the employees. In discovery (in rough terms, the process through which each party gets to look at the information that the other side has supporting their case), the employees find out that the investigator has obtained their phone records and also has recorded them on video at their business premises, in both cases without their consent and without a court order.

Sound somewhat familiar?

So the employees countersue the company and the investigator. It turns our that the company wasn’t aware of the methods used by the investigator and so is left off the hook, but the action against the investigators is given the green light.

Whether or not the claim of the employees will succeed remains to be seen. In the meantime, folks thinking of using investigators, for whatever purpose, would be wise to give serious consideration to the nature of information that they want to collect.

Pretexting, Ethics and Clients

Posted on by — No Comments ↓

Still catching up a bit – very quick post on the HP “pretexting” thing. As you may recall, HP asserted that its practice of pretexting – i.e. pretending to be someone else to get confidential telephone records – was legal. They were investigated leaks to the press by one of their board members and had resorted to this practice to try and find the leak. I had commented elsewhere long ago when this story first broke that even if it were illegal, very few (if anyone) could consider such actions the least bit ethical.

As most of you know apparently there was some disagreement as to legality and a few folks at HP were charged. Then I read this recent story about how HP was ending its special ties to Larry Sonsini, of the California powerhouse firm of Wilson Sonsini:

Sonsini – famous for decades in these parts – gained national fame in September during HP’s spy scandal hearings in front of Congress. Emails between the lawyer, HP executives and former director Tom Perkins raised serious questions about how sound Sonsini’s advice was around the practice of pretexting. He seemed to indicate that phone record fraud sounded like fair game, after being nudged in that direction by HP’s internal lawyers.

My emphasis. Its unfortunate to hear of something like this. I don’t doubt that he took the time and effort to research the law to come to a reasonable opinion on the matter before advising his client – obviously it was a very grey area of the law. In those circumstances its unfortunate that he didn’t perhaps suggest, notwithstanding the black letter of the law, that it would be unwise do take the course of action they were contemplating. That as good corporate citizens with a significant public profile, that such a practice is not something they should even consider. But then again, maybe he did and they didn’t listen (and of course he would surely have the good sense never to say that in public and embarrass a major client) or maybe he thought that such comments were not for legal counsel to make. Who knows.

The situation is not unfamiliar to many lawyers – particularly when it comes to giving opinions – lawyers are sometimes subjected to pressure to deliver the opinion that a client wants to hear rather than the one they should probably be delivering. By this I’m certainly not suggesting lawyers are delivering bad or incorrect opinions. What I am saying is that there are often grey areas of the law (which tend to be the areas on which legal expertise are sought) and in respect of which opinions can go one of two or more ways. And sometimes, the client will want to hear a certain outcome – for example, in the case of HP, I’m sure they would have liked the comfort to hear from their external counsel that their actions were legal – it would serve as some evidence that they took some degree of diligence and could serve to mitigate consequences if it turned out governmental authorities differed. If he, on the other hand, refused, or proffered a legal opinion that it was fine but qualified with a recommendation not to take such actions, HP likely would have not been very happy with him. And everyone knows what happens when clients aren’t happy.

Its an unfortunate situation to be in. Particuarly in this case, where, at the end of the day, HP still, obviously, isn’t happy with him.