Domain: ca.gov
Stories and comments across the archive that link to ca.gov.
Stories · 143
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Mozilla CEO Firestorm Likely Violated California Law
theodp (442580) writes "While the rise and fall of Brendan Eich at Mozilla sparked a debate over how to properly strike a balance between an employee's political free speech and his employer's desire to communicate a particular corporate 'culture,' notes Brian Van Vleck at the California Workforce Resource Blog, the California Labor Code has already resolved this debate. 'Under California law,' Van Vleck explains, 'it is blatantly illegal to fire an employee because he has donated money to a political campaign. This rule is clearly set forth in Labor Code sections 1101-1102.' Section 1102 begins, 'No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.' Corporate Counsel's Marlisse Silver Sweeney adds, 'Mozilla is adamant that the board did not force Eich to resign, and asked him to stay on in another role. It also says that although some employees tweeted for his resignation, support for his leadership was expressed by a larger group of employees. And this is all a good thing for the company from a legal standpoint.' As Eich stepped down, Re/code reported that Mozilla Executive Chairwoman Mitchell Baker said Eich's ability to lead the company had been badly damaged by the continued scrutiny over the hot-button issue. 'It's clear that Brendan cannot lead Mozilla in this setting,' Baker was quoted as saying. 'I think there has been pressure from all sides, of course, but this is Brendan's decision. Given the circumstances, this is not surprising.' Van Vleck offers these closing words of advice, 'To the extent employers want to follow in Mozilla's footsteps by policing their employees' politics in the interests of 'culture,' 'inclusiveness,' or corporate branding, they should be aware that their efforts will violate California law.'" -
Withhold Passwords From Your Employer, Go To Jail?
ericgoldman writes "Terry Childs was a network engineer in San Francisco, and he was the only employee with passwords to the network. After he was fired, he withheld the passwords from his former employer, preventing his employer from controlling its own network. Recently, a California appeals court upheld his conviction for violating California's computer crime law, including a 4 year jail sentence and $1.5 million of restitution. The ruling (PDF) provides a good cautionary tale for anyone who thinks they can gain leverage over their employer or increase job security by controlling key passwords." -
8 US States Pushing For 3.3 Million Electric Cars
An anonymous reader writes "A coalition of eight U.S. states, including New York and California, have announced a plan to get 3.3 million zero-emission electric vehicles onto their roads by 2025. 'The states, which represent more than a quarter of the national car market, said they would seek to develop charging stations that all took the same form of payment, simplify rules for installing chargers and set building codes and other regulations to require the stations at workplaces, multifamily residences and at other places.' An editorial in Quartz says that while the initiative itself is fine, the states should really take cues from Tesla if they want to plan out an infrastructure that will convince people to switch. ' For longer distances, [Tesla drivers] can stop at "Supercharger" stations strategically placed along highways that let them add 150 miles of range in as little as 20 minutes. Currently, [government] money is being spent on installing much-slower chargers at stores, shopping malls and other urban locations in the hope that drivers will use them. Tesla says it will blanket the US with its Superchargers for a fraction of the cost, because it studies the driving patterms of its customers and installs charging stations only where they tend to travel. This isn't hard; most other electric cars also record their drivers' habits. If privacy concerns could be addressed and automakers would be willing to share that data with government transportation planners, the rollout of public charging stations could be more targeted and cash-efficient.'" -
California Legislature Approves Trial Program For Electronic Plates
Do you worry that the widespread use of plate-scanning cameras might be used in ways that violate your privacy ? Now you can ratchet your worry level up a bit: Ars Technica reports that "This week, the California State Senate approved a bill that would create the nation’s first electronic license plate. Having already passed the state’s assembly, the bill now goes to Gov. Jerry Brown (D) for his signature." From the article: "The idea is that rather than have a static piece of printed metal adorned with stickers to display proper registration, the plate would be a screen that could wirelessly (likely over a mobile data network) receive updates from a central server to display that same information. In an example shown by a South Carolina vendor, messages such as 'STOLEN,' 'EXPIRED,' or something similar could also be displayed on a license plate. ... The state senator who introduced the bill, Sen. Ben Hueso, a Democrat who represents San Diego, did not respond to Ars' multiple requests for an interview or comment. It still remains unclear as to exactly why this bill was proposed and what its objectives are. The precise technical details of the program are similarly unclear, as is how long plate information would be retained and who would have access to it." -
Wildfire Threatens Water and Power To San Francisco
Hugh Pickens DOT Com writes "Retuers reports that firefighters are battling to gain control of a fast-moving wildfire raging on the edge of Yosemite National Park that is threatening power and water supplies to San Francisco, about 200 miles to the west. 'We are making progress but unfortunately the steep terrain definitely has posed a major challenge,' says Daniel Berlant, a spokesman for the California Department of Forestry and Fire Protection. 'Today we're continuing to see warm weather that could allow this fire to continue to grow very rapidly as it has over the last several days.' California Governor Jerry Brown has declared a state of emergency, warning that the fire had damaged the electrical infrastructure serving the city, and forced the San Francisco Public Utilities Commission to shut down power lines. The blaze in the western Sierra Nevada Mountains is now the fastest-moving of 50 large wildfires raging across the drought-parched U.S. West that have strained resources and prompted fire managers to open talks with Pentagon commanders and Canadian officials about possible reinforcements. Firefighters have been hampered by a lack of moisture from the sky and on the ground. 'The wind today is going to be better for firefighting, but we are still dealing with bone dry grass and brush,' says Tina Rose, spokeswoman for the multi-agency incident command. 'This fire is very dynamic.'" -
California Bill Would Mandate Open Access To Publicly Funded Research
ectoman writes "This week, advocates of open access to publicly funded research are keeping an eye on California's Taxpayer Access to Publicly Funded Research Act (AB 609), which could soon find its way to the California State Senate. The bill requires the final copy of any peer-reviewed research funded by California tax dollars to be made publicly accessible within 12 months of publication. If passed, the legislation would become the first state-level law mandating this kind of access. Opensource.com is featuring a collection of articles on open access publishing, which you can read while you await the verdict on AB 609." -
California Law Would Require Companies To Disclose All Consumer Data Collected
Trailrunner7 writes "California, which set the standard for data breach notifications nationwide, is again seeking to set a precedent by becoming the first state in the nation to require companies upon request disclose to California consumers the data they've collected and to whom it was shared during the past year. ... The 'Right to Know Act of 2013,' AB 1291 was amended this week to boost its chances of success after being introduced in February by state Assembly member Bonnie Lowenthal. ... It applies to companies that are both on- and off- line Privacy advocacy groups such as the EFF wrote Tuesday that the bill could set a precedent for other states, much as California's 2002 Breach Notification Act requiring California data breach victims be notified was later replicated by almost all U.S. states." That's not all: you'd be able to request a copy of all the data they've stored about you too. -
California Sues Delta Air Lines Over Mobile Privacy
New submitter mrheckman writes "California is suing Delta Air Lines for violation of California's on-line privacy law. Delta failed to 'conspicuously post a privacy policy within their mobile app that informs users of what personally identifiable information is being collected and what will be done with it' after a 30-day notice. Delta's app collects 'substantial personally identifiable information such as a user's full name, telephone number, email address, frequent flyer account number and pin code, photographs, and geo-location.' Why is it we still can't control what permissions an app has on our phones? It's absurd and disturbing that an app for checking flights and baggage demands all of those permissions." -
California AG Gives App Developers 30 Days To Post Privacy Notice
Trailrunner7 writes "California Attorney General Kamala D. Harris today announced a crackdown on mobile application developers and companies that haven't posted privacy policies, at least where users can easily find them. The attorney general is giving recipients 30 days 'to conspicuously post a privacy policy within their app that informs users of what personally identifiable information about them is being collected and what will be done with that private information,' according to a prepared statement. A sample letter defines the issue at hand. 'An operator of a mobile application ("app") that uses the Internet to collect PII is an "online service" within the meaning of CalOPPA. An app's commercial operator must therefore conspicuously post its privacy policy in a means that is reasonably accessible to the consumer. Having a Web site with the applicable privacy policy conspicuously posted may be adequate, but only if a link to that Web site is "reasonably accessible" to the user within the app.'" -
Brown Signs California Bill For Free Textbooks
bcrowell writes "California Governor Jerry Brown has signed SB 1052 and 1053, authored by state senator Darrell Steinberg, to create free textbooks for 50 core lower-division college courses. SB 1052 creates a California Open Education Resources Council, made up of faculty from the UC, Cal State, and community college systems. The council is supposed to pick 50 core courses. They are then to establish a 'competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements.' The bill doesn't become operative unless the legislature funds it — a questionable process in California's current political situation. The books could be either newly produced (which seems unlikely, given the 1-year time frame stated) or existing ones that the state would buy or have free access to. Unlike former Gov. Schwarzenegger's failed K-12 free textbook program, this one specifically defines what it means by 'open source,' rather than using the term as a feel-good phrase; books have to be under a CC-BY (or CC-BY-SA?) license, in XML format. They're supposed to be modularized and conform to state and W3C accessibility guidelines. Faculty would not be required to use the free books." -
Brown Signs California Bill For Free Textbooks
bcrowell writes "California Governor Jerry Brown has signed SB 1052 and 1053, authored by state senator Darrell Steinberg, to create free textbooks for 50 core lower-division college courses. SB 1052 creates a California Open Education Resources Council, made up of faculty from the UC, Cal State, and community college systems. The council is supposed to pick 50 core courses. They are then to establish a 'competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements.' The bill doesn't become operative unless the legislature funds it — a questionable process in California's current political situation. The books could be either newly produced (which seems unlikely, given the 1-year time frame stated) or existing ones that the state would buy or have free access to. Unlike former Gov. Schwarzenegger's failed K-12 free textbook program, this one specifically defines what it means by 'open source,' rather than using the term as a feel-good phrase; books have to be under a CC-BY (or CC-BY-SA?) license, in XML format. They're supposed to be modularized and conform to state and W3C accessibility guidelines. Faculty would not be required to use the free books." -
California Legalizes Self Driving Cars
Hugh Pickens writes writes "The Seattle PI reports that California has become the third state to explicitly legalize driverless vehicles, setting the stage for computers to take the wheel along the state's highways and roads ... 'Today we're looking at science fiction becoming tomorrow's reality,' said Gov. Brown. 'This self-driving car is another step forward in this long, march of California pioneering the future and leading not just the country, but the whole world.' The law immediately allows for testing of the vehicles on public roadways, so long as properly licensed drivers are seated at the wheel and able to take over. It also lays out a roadmap for manufacturers to seek permits from the DMV to build and sell driverless cars to consumers. Bryant Walker Smith, a fellow at Stanford's Center for Automotive Research points to a statistical basis for safety that the DMV might consider as it begins to develop standards: 'Google's cars would need to drive themselves (by themselves) more than 725,000 representative miles without incident for us to say with 99 percent confidence that they crash less frequently than conventional cars. If we look only at fatal crashes, this minimum skyrockets to 300 million miles. To my knowledge, Google has yet to reach these milestones.'" -
California To License Self-Driving Cars
DevotedSkeptic writes "Californian senators have passed a bill that looks set to make the state the second in the US to approve self-driving cars on its roads. The bill was passed unanimously by state senators, and now hits the desk of governor Jerry Brown, who's expected to sign it into law. It calls on the California Department of Motor Vehicles to start developing standards and licensing procedures for autonomous vehicles. 'This bill would require the department to adopt safety standards and performance requirements to ensure the safe operation and testing of 'autonomous vehicles', as defined, on the public roads in this state,' it reads." -
California State Senator Proposes Funding Open-Source Textbooks
bcrowell writes "Although former Governor Schwarzenegger's free digital textbook initiative for K-12 education was a failure, state senator Darrell Steinberg has a new idea for the state-subsidized publication of college textbooks (details in the PDF links at the bottom). Newspaper editorials seem positive. It will be interesting to see if this works any better at the college level than it did for K-12, where textbook selection has traditionally been very bureaucratic. This is also different from Schwarzenegger's FDTI because Steinberg proposes spending state money to help create the books. The K-12 version suffered from legal uncertainty about the Williams case, which requires equal access to books for all students — many of whom might not have computers at home. At the symposium where the results of the FDTI's first round were announced, it became apparent that the only businesses interested in participating actively were not the publishers but computer manufacturers like Dell and Apple, who wanted to sell lots of hardware to schools." -
California Governor Vetoes Ban On Warrantless Phone Searches
kodiaktau writes "In probably the most important decision Gov. Brown of California will make this year, he has vetoed the bill that would require officers to get a search warrant before searching cellular phones of arrested citizens. This further enables the police to carry out warrantless searches of private property extending into contacts, email, photos, banking activity, GPS, and other functions that are controlled by modern phones. 'He cites a recent California Supreme Court decision upholding the warrantless searches of people incident to an arrest. In his brief message (PDF), he also doesn’t say whether it’s a good idea or not. Instead, he says the state Supreme Court’s decision is good enough, a decision the U.S. Supreme Court let stand last week.'" -
California DNA Collection Law Struck Down
wiedzmin writes with an article in Wired about DNA collection from criminals in California. From the article: "A California appeals court is striking down a voter-approved measure requiring every adult arrested on a felony charge to submit a DNA sample. The First District Court of Appeal in San Francisco said Proposition 69 amounted to unconstitutional, warrantless searches of arrestees. More than 1.6 million samples have been taken following the law's 2009 implementation. Only about a half of those arrested in California are convicted." Note that the State can still appeal the ruling; according to the article, the Attorney General's office has made no comment as to whether they will do so. -
California Spam Law Upheld By Appeals Court
www.sorehands.com writes "In the first California appeals court ruling (pdf), in Hypertouch v. Valueclick, it is ruled that the I-CAN-SPAM Act does not preempt California Business & Professions Code Section 17529.5. California Business & Professions Code Section 17529.5 prohibits the use of falsified headers and subject lines that are likely to mislead recipients. Spammers have been claiming, and some courts have been ruling, that to survive preemption, a Plaintiff has to show all the elements of fraud (false representation, knowledge, reliance, and damage from the reliance.) The reliance and damage from the reliance is difficult as it would essentially require the recipient to buy the penis enlargement pills and show that they don't work, or to send the money to the Nigerian prince. An ISP could never show reliance and harm, as they are not the recipient and would not be responding to e-mails traversing their systems. The ruling also made it clear that the advertiser is responsible for the acts of their agents, even if their agents promise not to spam." -
California To Drop State Rock Over Asbestos Concerns
Diamonddavej writes "The LA Times reports that Californian legislators are close to dropping the translucent green rock Serpentine as the state rock of California because of its tenuous association with chrysotile asbestos. Sen. Gloria Romero declares in her bill (SB 624) that Serpentine should be dropped as California's state rock because it 'contains the deadly mineral chrysotile asbestos, a known carcinogen, exposure to which increases the risk of the cancer mesothelioma.' The bill has backing from mesothelioma support groups. Critics point out that Serpentine is a group of 20 different minerals, and Californian Serpentine rarely contains much chrysotile, never mind its dangerous fibrous asbestos form. Its is suspected that lawyers involved in asbestos compensation claims and cleanup companies will profit from the bill. Vast tracts of California where bedrock is made of Serpentine could be declared hazardous to health... even if it contains no crysotile at all! It looks like SB 624 will be passed; it won unanimous bi-partisan support from an Assembly committee last week." -
California To Drop State Rock Over Asbestos Concerns
Diamonddavej writes "The LA Times reports that Californian legislators are close to dropping the translucent green rock Serpentine as the state rock of California because of its tenuous association with chrysotile asbestos. Sen. Gloria Romero declares in her bill (SB 624) that Serpentine should be dropped as California's state rock because it 'contains the deadly mineral chrysotile asbestos, a known carcinogen, exposure to which increases the risk of the cancer mesothelioma.' The bill has backing from mesothelioma support groups. Critics point out that Serpentine is a group of 20 different minerals, and Californian Serpentine rarely contains much chrysotile, never mind its dangerous fibrous asbestos form. Its is suspected that lawyers involved in asbestos compensation claims and cleanup companies will profit from the bill. Vast tracts of California where bedrock is made of Serpentine could be declared hazardous to health... even if it contains no crysotile at all! It looks like SB 624 will be passed; it won unanimous bi-partisan support from an Assembly committee last week." -
What Happened To the Bay Bridge?
farnsworth writes "Tony Alfrey has put together a fascinating page with some history, analysis, and possible explanations for what ultimately went wrong with the recent emergency repair of the San Francisco-Oakland Bay Bridge. The bridge has been closed for days and is not scheduled to open for days to come, hugely inconveniencing more than 250,000 people a day. His analysis touches on possibly poor welding, a possibly flawed temporary fix, and the absence of a long-term fix or adequate follow-up by Caltrans, the agency responsible for the bridge. Slashdot is a great engineering community; what other insights do you have on the bridge situation?" -
California Publishes Television Efficiency Standards For 2011
eldavojohn writes "It's been nine months since California announced their intentions to create new standards on energy-consuming televisions in their state, but yesterday the California Energy Commission finally released the first draft of the regulations. (More information straight from the horse's mouth.) If you live in another state, you may be unfamiliar with California's history of mandating power usage among anything from dishwashers to washing machines to other household appliances. This has also led to California pushing to ban incandescent light bulbs. From their FAQ on TV Efficiency Standards: 'The proposed standards have no effect on existing televisions. If approved, they would only apply to TVs sold in California after January 1, 2011. The first standard (Tier 1) would take effect January 1, 2011, and reduce energy consumption by average of 33 percent. The second measure (Tier 2) would take effect in 2013 and, in conjunction with Tier 1, reduce energy consumption by an average of 49 percent.' The Draft from December 2008 is available on their site (PDF, with a shorter 'Just the Facts' flier for those of you without two hours to burn). There's no indication whether that's what they're going with, or if it's been updated since then." -
California Publishes Television Efficiency Standards For 2011
eldavojohn writes "It's been nine months since California announced their intentions to create new standards on energy-consuming televisions in their state, but yesterday the California Energy Commission finally released the first draft of the regulations. (More information straight from the horse's mouth.) If you live in another state, you may be unfamiliar with California's history of mandating power usage among anything from dishwashers to washing machines to other household appliances. This has also led to California pushing to ban incandescent light bulbs. From their FAQ on TV Efficiency Standards: 'The proposed standards have no effect on existing televisions. If approved, they would only apply to TVs sold in California after January 1, 2011. The first standard (Tier 1) would take effect January 1, 2011, and reduce energy consumption by average of 33 percent. The second measure (Tier 2) would take effect in 2013 and, in conjunction with Tier 1, reduce energy consumption by an average of 49 percent.' The Draft from December 2008 is available on their site (PDF, with a shorter 'Just the Facts' flier for those of you without two hours to burn). There's no indication whether that's what they're going with, or if it's been updated since then." -
California Publishes Television Efficiency Standards For 2011
eldavojohn writes "It's been nine months since California announced their intentions to create new standards on energy-consuming televisions in their state, but yesterday the California Energy Commission finally released the first draft of the regulations. (More information straight from the horse's mouth.) If you live in another state, you may be unfamiliar with California's history of mandating power usage among anything from dishwashers to washing machines to other household appliances. This has also led to California pushing to ban incandescent light bulbs. From their FAQ on TV Efficiency Standards: 'The proposed standards have no effect on existing televisions. If approved, they would only apply to TVs sold in California after January 1, 2011. The first standard (Tier 1) would take effect January 1, 2011, and reduce energy consumption by average of 33 percent. The second measure (Tier 2) would take effect in 2013 and, in conjunction with Tier 1, reduce energy consumption by an average of 49 percent.' The Draft from December 2008 is available on their site (PDF, with a shorter 'Just the Facts' flier for those of you without two hours to burn). There's no indication whether that's what they're going with, or if it's been updated since then." -
California Publishes Television Efficiency Standards For 2011
eldavojohn writes "It's been nine months since California announced their intentions to create new standards on energy-consuming televisions in their state, but yesterday the California Energy Commission finally released the first draft of the regulations. (More information straight from the horse's mouth.) If you live in another state, you may be unfamiliar with California's history of mandating power usage among anything from dishwashers to washing machines to other household appliances. This has also led to California pushing to ban incandescent light bulbs. From their FAQ on TV Efficiency Standards: 'The proposed standards have no effect on existing televisions. If approved, they would only apply to TVs sold in California after January 1, 2011. The first standard (Tier 1) would take effect January 1, 2011, and reduce energy consumption by average of 33 percent. The second measure (Tier 2) would take effect in 2013 and, in conjunction with Tier 1, reduce energy consumption by an average of 49 percent.' The Draft from December 2008 is available on their site (PDF, with a shorter 'Just the Facts' flier for those of you without two hours to burn). There's no indication whether that's what they're going with, or if it's been updated since then." -
California Publishes Television Efficiency Standards For 2011
eldavojohn writes "It's been nine months since California announced their intentions to create new standards on energy-consuming televisions in their state, but yesterday the California Energy Commission finally released the first draft of the regulations. (More information straight from the horse's mouth.) If you live in another state, you may be unfamiliar with California's history of mandating power usage among anything from dishwashers to washing machines to other household appliances. This has also led to California pushing to ban incandescent light bulbs. From their FAQ on TV Efficiency Standards: 'The proposed standards have no effect on existing televisions. If approved, they would only apply to TVs sold in California after January 1, 2011. The first standard (Tier 1) would take effect January 1, 2011, and reduce energy consumption by average of 33 percent. The second measure (Tier 2) would take effect in 2013 and, in conjunction with Tier 1, reduce energy consumption by an average of 49 percent.' The Draft from December 2008 is available on their site (PDF, with a shorter 'Just the Facts' flier for those of you without two hours to burn). There's no indication whether that's what they're going with, or if it's been updated since then." -
Open Textbooks Win Over Publishers In CA
Unequivocal writes "Recently California's Governor announced a free digital textbook competition. The results of that competition were announced today. Many traditional publishers submitted textbooks in this digital textbook competition in CA as well as open publishers. An upstart nonprofit organization named CK-12 contributed a number of textbooks (all free and open source material). 'Of the 16 free digital textbooks for high school math and science reviewed, ten meet at least 90 percent of California's standards. Four meet 100 percent of standards.' Three of those recognized as 100% aligned to California standards were from CK-12 and one from H. Jerome Keisler. None of the publisher's submissions were so recognized. CK-12 has a very small staff, so this is a great proof of the power of open textbooks and open educational resources." -
Open Textbooks Win Over Publishers In CA
Unequivocal writes "Recently California's Governor announced a free digital textbook competition. The results of that competition were announced today. Many traditional publishers submitted textbooks in this digital textbook competition in CA as well as open publishers. An upstart nonprofit organization named CK-12 contributed a number of textbooks (all free and open source material). 'Of the 16 free digital textbooks for high school math and science reviewed, ten meet at least 90 percent of California's standards. Four meet 100 percent of standards.' Three of those recognized as 100% aligned to California standards were from CK-12 and one from H. Jerome Keisler. None of the publisher's submissions were so recognized. CK-12 has a very small staff, so this is a great proof of the power of open textbooks and open educational resources." -
FBI and States Vastly Expand DNA Collection, Databases
Mike writes "Starting this month, the Federal Bureau of Investigation will join 15 states that collect DNA samples from those awaiting trial, and will also collect DNA from detained immigrants. For example, this year, California began taking DNA upon arrest, and expects to nearly double the growth rate of its database (PDF), to 390,000 profiles a year, up from 200,000. Until now, the federal government genetically tracked only convicts, however law enforcement officials are expanding their collection of DNA to include millions of people who have only been arrested or detained, but not yet convicted. The move, intended to 'help solve more crimes,' is raising concerns about the privacy of petty offenders and people who are presumed innocent." -
Diebold Election Audit Logs Defective
mtrachtenberg writes "Premier Election Solutions' (formerly Diebold) GEMS 1.18.19 election software audit logs don't record the deletion of ballots, don't always record correct dates, and can be deleted by the operator, either accidentally or intentionally. The California Secretary of State's office has just released a report about the situation (PDF) in the November 2008 election in Humboldt County, California (which we discussed at the time). Here's the California Secretary of State's links page on Diebold. The conclusion of the 13-page report reads: 'GEMS version 1.18.19 contains a serious software error that caused the omission of 197 ballots from the official results (which was subsequently corrected) in the November 4, 2008, General Election in Humboldt County. The potential for this error to corrupt election results is confined to jurisdictions that tally ballots using the GEMS Central Count Server. Key audit trail logs in GEMS version 1.18.19 do not record important operator interventions such as deletion of decks of ballots, assign inaccurate date and time stamps to events that are recorded, and can be deleted by the operator. The number of votes erroneously deleted from the election results reported by GEMS in this case greatly exceeds the maximum allowable error rate established by HAVA. In addition, each of the foregoing defects appears to violate the 1990 Voting System Standards to an extent that would have warranted failure of the GEMS version 1.18.19 system had they been detected and reported by the Independent Testing Authority that tested the system.'" -
Diebold Election Audit Logs Defective
mtrachtenberg writes "Premier Election Solutions' (formerly Diebold) GEMS 1.18.19 election software audit logs don't record the deletion of ballots, don't always record correct dates, and can be deleted by the operator, either accidentally or intentionally. The California Secretary of State's office has just released a report about the situation (PDF) in the November 2008 election in Humboldt County, California (which we discussed at the time). Here's the California Secretary of State's links page on Diebold. The conclusion of the 13-page report reads: 'GEMS version 1.18.19 contains a serious software error that caused the omission of 197 ballots from the official results (which was subsequently corrected) in the November 4, 2008, General Election in Humboldt County. The potential for this error to corrupt election results is confined to jurisdictions that tally ballots using the GEMS Central Count Server. Key audit trail logs in GEMS version 1.18.19 do not record important operator interventions such as deletion of decks of ballots, assign inaccurate date and time stamps to events that are recorded, and can be deleted by the operator. The number of votes erroneously deleted from the election results reported by GEMS in this case greatly exceeds the maximum allowable error rate established by HAVA. In addition, each of the foregoing defects appears to violate the 1990 Voting System Standards to an extent that would have warranted failure of the GEMS version 1.18.19 system had they been detected and reported by the Independent Testing Authority that tested the system.'" -
Non-Compete Clauses Thrown Out In California
drfuchs writes "If you signed an employment agreement in California, any non-compete clause in it is null & (void*), says the state Supreme Court of California (ruling PDF). Better still, the San Francisco Chronicle opines that the US Federal courts are likely to fall in line with the decision in the way they interpret California law. (Most other states still have non-compete laws on the books and it's not clear this ruling will affect them.) Turns out it wasn't a high-tech case at all, but a CPA who had worked for the accounting firm Arthur Anderson (now disgraced due to their complicity in the Enron case)." -
California Court Posts SSNs, Medical Records
Lucas123 writes "California's Riverside County Superior Court's Web site is serving up document images containing SSNs and detailed medical records relating to civil cases, according to a couple of privacy advocates. All of the documents are free to anyone who knows where to look for them. 'Searches done on the court's Web site turned up various documents related to civil cases that contained sensitive information. Included were complete tax filings, medical reports pertaining to cases handled by the court, and images of checks complete with signatures as well as account and bank-routing numbers.'" -
First Amendment Ruling Protects Internet Trolls
I Don't Believe in Imaginary Property writes "A recent ruling by the Court of Appeal of the State of California (PDF) in Krinsky v. Doe H030767 overturned a lower court ruling and decided that the First Amendment right to anonymous speech protects internet trolls, too. Specifically, the ruling said that 'this juvenile name-calling cannot reasonably be read as stating actual facts.' And, even though some of the statements were crudely sexual and accused Ms. Krinsky of being among 'boobs, liars and crooks,' the statements were held to 'fall into the category of crude, satirical hyperbole which, while reflecting the immaturity of the speaker, constitute protected opinion under the First Amendment.'" -
How Microsoft Inadvertently Helps To Fund FOSS
christian.einfeldt writes "The State of California sued Microsoft for anti-trust violations, and now the proceeds of the settlement of that case are being used to fund the acquisition of computers for any school district in California. The terms of the settlement allow every school district in California to be reimbursed a set dollar amount for the purchase of computers with the software of their choice. Microsoft probably anticipated that school districts would mainly use the settlement to buy more Microsoft products, with a few Apple purchases sprinkled in here and there. But now that Free Open Source Software is being commercialized by hardware vendors such as Dell, System76, EmperorLinux, Zareason.com, and TechCollective.com, acquiring computers powered by FOSS is straightforward. I'm a volunteer sysadmin at a northern California public charter school and in my Slashdot journal I detail the step-by-step process for using Microsoft's money to pay for the Linux purchases of your school's choice." And then there's the Ubuntu team in Belgium that is raising funds by auctioning off a copy of Windows Vista Ultimate that a Microsoft rep gave them at a trade show. So far the bidding is up to 101.76 Euros, about $144. -
Diebold Rebrands What No One Wants
Irvu writes "Diebold has apparently failed in their bid to sell their tainted elections systems unit. Unable to find a buyer the CEO of Diebold promised that the system will be run more 'openly and independently.' To prove that they are serious, they renamed it. Diebold Election Systems is now Premiere Election Solutions. They still sell GEMS, AccuVote OS and the ever-unpopular AccuVote-TSX which performed so disastrously in California's Top-to-Bottom Review under the same names. Apparently their rebranding effort only goes so far." -
Diebold Voting Machines Audited by California
Panaqqa writes "Diebold must be wondering what else can go wrong. Considering their arrogance in the past, their comeuppance is truly well deserved. The State of California's source code review [PDF] of the Diebold voting system has been released. Additional reports will be made available as the Secretary of State determines that they do not inadvertently disclose security-sensitive information. One wonders what it will take to convince voting machine manufacturers not to do things like hard coding passwords as '12345678.'" -
Student Blogger Loses Defamation Case
An anonymous reader writes to tell us about Yaman Salahi, a UC Berkeley student and blogger, who lost a lawsuit brought against him by Lee Kaplan, a journalist for FrontPageMag.com. Kaplan had sued Salahi in California small claims court for tortious business interference and libel, in response to a blog Salahi had set up about him called "Lee Kaplan Watch." Salahi lost in small claims court and then lost an "appeal" — which is essentially a retrial by another small-claims judge. No written opinion was offered with either decision, though all other court filings are available. From Salahi's update on his blog: "...because [Kaplan] sued me in small claims court, I did not have the protections of the anti-SLAPP [Strategic Lawsuits Against Public Policy] statute... I will never know why I lost the initial hearing, or why I lost the appeal, because small claims judges are not obligated to release written opinions with their rulings.... I will never have the opportunity to take this to a real appellate court where my first amendment rights might be protected." -
Historic Shuttle Spacesuits to Meet Fiery End
collectSPACE writes "While some museums bid for retired space shuttle orbiters, the real prize may be the spacewalking spacesuits, at least if NASA's plans for them hold true. The now-reusable extravehicular mobility units (EMUs) are soon to become disposable, allowed to disintegrate as they reenter the Earth's atmosphere inside spent cargo ships." -
Pro-ODF Legislation Loses In Six States
ajanp writes "Computerworld discusses the defeat of pro-ODF legislation in the states of California, Florida, Texas, Oregon, and Connecticut which 'would have required state agencies to use freely available and interoperable file formats, such as the Open Document Format for Office Applications, instead of Microsoft Corp.'s proprietary Office formats.' A similar bill in Minnesota was changed to study the issue instead. There was heavy lobbying being done in private on both sides with one problem being 'the jargon-laden disinformation that committee members felt they were being fed by lobbyists for both IBM and Microsoft. Although lobbyists would tell the committee one thing in private, they got cold feet when asked to verify the information publicly, under oath.' However, 'Despite the string of defeats, Marino Marcich, executive director of the Washington-based ODF Alliance, said the legislative fight has only begun.'" -
California to Start Review of Voting Machines
An anonymous reader writes "California Secretary of State Debra Bowen just announced details about the previously discussed 'top-to-bottom review' of almost all voting and counting systems used in the state. The team features big names in e-voting security: David Wagner, Matt Bishop, Ed Felten, Matt Blaze, and Harri Hursti, among others. Vendors have time to submit their machines including documentation and source code until July 1st or face severe restrictions, including decertification, for the 2008 elections. Scheduled to start next week, the review will include a red-team attack and going through the source code." -
GE Announces Advancement in Incandescent Technology
finfife writes to tell us that GE has announced an advancement in incandescent technology that promises to increase the efficiency of lightbulbs to put them on par with compact fluorescent lamps (CFL). "The new high efficiency incandescent (HEI(TM)) lamp, which incorporates innovative new materials being developed in partnership by GE's Lighting division, headquartered in Cleveland, Ohio, and GE's Global Research Center, headquartered in Niskayuna, NY, would replace traditional 40- to 100-Watt household incandescent light bulbs, the most popular lamp type used by consumers today. The new technology could be expanded to all other incandescent types as well. The target for these bulbs at initial production is to be nearly twice as efficient, at 30 lumens-per-Watt, as current incandescent bulbs. Ultimately the high efficiency lamp (HEI) technology is expected to be about four times as efficient as current incandescent bulbs and comparable to CFL bulbs. Adoption of new technology could lead to greenhouse gas emission reductions of up to 40 million tons of CO2 in the U.S. and up to 50 million tons in the EU if the entire installed base of traditional incandescent bulbs was replaced with HEI lamps."The California legislature may want to revisit the wording of their proposed ban on incandescents (AB 722). How about mandating a level of efficiency rather than assuming that innovation can't happen?" -
Apple Loses This Round In Blogger Case
smart2000 writes "A decision has been handed down in O'Grady, et al. v. Superior Court of Santa Clara County, the case commonly referred to as 'Apple vs Bloggers', in previous Slashdot posts. While like any court case it is complex, the short of it is that O'Grady won this round." From the article: "Apple has failed to demonstrate that it cannot identify the sources of the challenged information by means other than compelling petitioners to disclose unpublished information. This fact weighs heavily against disclosure, and on this record is dispositive." -
Are There Any Real-Time GPS+Traffic Solutions?
Anonymous asks: "I've been wanting to buy a GPS unit for my car, especially since having to drive on the California freeways lately. However, it kills me to spend hundreds or thousands of dollars on one of the available units, knowing that right around the corner, I'll see devices that can factor in live traffic data. Or maybe something like this already exists? California does offer ways of downloading their freeway sensor data on the web (this is what sigalert.com uses for their cool maps). For example, this text file is updated frequently with the latest speeds for all the listed sensors. And most GPS units will let you choose between the 'shortest' route and the 'fastest' route. If only we could re-write the algorithm for 'fastest route' to take into effect real-time traffic speeds, check alternate routes, etc. Still, I'd be willing to pay thousands of dollars for a really good GPS+Traffic device that JUST WORKS. Are there any? Are they any good? Are there any on the horizon that you're drooling over?" -
Are There Any Real-Time GPS+Traffic Solutions?
Anonymous asks: "I've been wanting to buy a GPS unit for my car, especially since having to drive on the California freeways lately. However, it kills me to spend hundreds or thousands of dollars on one of the available units, knowing that right around the corner, I'll see devices that can factor in live traffic data. Or maybe something like this already exists? California does offer ways of downloading their freeway sensor data on the web (this is what sigalert.com uses for their cool maps). For example, this text file is updated frequently with the latest speeds for all the listed sensors. And most GPS units will let you choose between the 'shortest' route and the 'fastest' route. If only we could re-write the algorithm for 'fastest route' to take into effect real-time traffic speeds, check alternate routes, etc. Still, I'd be willing to pay thousands of dollars for a really good GPS+Traffic device that JUST WORKS. Are there any? Are they any good? Are there any on the horizon that you're drooling over?" -
Berkeley Grads' Identity Data Stolen
yali writes "Did you get a graduate degree from Berkeley? Or maybe you just applied but didn't go there? If so, your identity may have been stolen. A laptop was stolen containing names, social security numbers, birthdates, and addresses of grad students, alumni, and applicants. University police suspect that the thief just wanted the laptop, but the irony of California's mandatory notification law is that the thief may now know they have something even more valuable. Berkeley has set up a website with information on the breach." -
Jail Time For P2P Developers?
Kjella writes "A Califorian bill introduced last week would, if passed, expose file-swapping software developers to fines of up to $2,500 per charge, or a year in jail, if they don't take 'reasonable care' to prevent their software from being used to commit crime. C|Net has the story, as well as a link to the actual bill. By the overly broad definition of P2P software, almost any piece of internet software could be liable. This browser is certainly able to download and upload files ('Save as ...' and upload forms). Are Microsoft, Opera and Mozilla.org taking 'reasonable care' to prevent me from exchanging anything illegal? Of course, I never go there, but a friend of my uncle's third cousin's brother told me warez download sites work just fine ..." -
Whopping-Big Data Theft At U.C. Berkeley
aceta writes "An intruder penetrated a research computer at U.C. Berkeley in August and had access to names, social security numbers and other data for 1.4 million Californians participating in a state social program. CNET calls it the worst intrusion U.C. Berkeley has experienced. SecurityFocus additional details: the hacker used a known vulnerability, and state officials have yanked the university's research access to the data because of the breach. The victims were all receiving or providing at-home care under a state program to help the elderly and disabled. The FBI is investigating." -
Innocuous California Game Ratings Bill Passed
Thanks to GamePro for its article noting that a newly revised bill "that requires video game retailers to clearly display signs of the game ratings has been passed by the state senate in California." The bill, "now waiting to be signed by Governor Schwarzenegger", was originally paired with a more controversial bill which "called to define 'atrocious or cruel' video games as 'harmful matter to children'", but that pairing failed to advance, despite support from bill sponsor Leland Yee, leading to a straightforward "requirement to have game ratings clearly displayed, and also have information about the ratings system readily available to parents purchasing games." -
California Should use Open Source and VoIP
Albanach writes "ZDNet is reporting that a report from independent auditors and experts has recommended that the State of California adopts open source software and Voice over IP as part of a series of moves that, the report says, could save the state $32 billion over five years. Additionally, they recommend the State establishes a centralised technology division to handle all their IT needs reducing redundancy and generating further savings." -
California Should use Open Source and VoIP
Albanach writes "ZDNet is reporting that a report from independent auditors and experts has recommended that the State of California adopts open source software and Voice over IP as part of a series of moves that, the report says, could save the state $32 billion over five years. Additionally, they recommend the State establishes a centralised technology division to handle all their IT needs reducing redundancy and generating further savings."