Who were the stakeholders in this incident? What should have been done to prevent this disaster? What responsibilities did Exxon have to future stakeholders? How did Exxon react to the disaster, and did they act responsibly before, during, and after this disaster?

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Unit 6 Discussion

Businesses have created a variety of environmental disasters throughout history. As the world becomes more industrialized, the potential for disaster increases. For this Discussion Board, you will explore the Exxon Valdez oil spill to see how it influenced the discussion of a company’s duty to environmental stakeholders.

Click on and read the Alaska Oil Spill Commission Report: (See Reference Below).
Alaska Oil Spill Commission. (1990). Spill: The wreck of the Exxon Valdez. Retrieved from http://www.washingtonpost.com/wp-srv/special/oil-spill/docs/alaska-commission-report.pdf

Answer these questions:
Who were the stakeholders in this incident? What should have been done to prevent this disaster? What responsibilities did Exxon have to future stakeholders? How did Exxon react to the disaster, and did they act responsibly before, during, and after this disaster?
Analyze this law or case law and address whether this change in the law seemed to improve the moral climate or ethical standards of society.

 

What is the main argument or point of the article, chapter or reading selection? What did the author(s) want to get across in the reading? Discuss at least one main point or part of the article, chapter or reading selection that supports their argument.

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The courts

1. What is the general topic of the article, chapter or reading selection?

 

2.Summarize the article, chapter or reading selection:

 

3.What is the main argument or point of the article, chapter or reading selection? What did the author(s) want to get
across in the reading?

4.Discuss at least one main point or part of the article, chapter or reading selection that supports their argument.

 

5.Identify two words and their definition that you were unfamiliar with prior to reading the article, chapter or reading
selection.

Explain what tort would be involved if the injured party filed suit. Provide an analysis of applying the elements of the tort to the facts of the case, including providing your opinion on the most-likely result if a lawsuit were brought over each instance.

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Torts, Part 1

For this report, you are to create your own “Top 10 Sports Torts List.” Start by finding 10 of the most bizarre, craziest, dumbest, most violent, wildest, or simply most interesting instances of one person doing something to another person involving sports – it can be player-on-player, player-on-fan, fan-on-fan, or even anything involving referees or other event personnel.

Then, for each instance:

(1) Explain what happened.

(2) Explain what tort would be involved if the injured party filed suit.

(3) Provide an analysis of applying the elements of the tort to the facts of the case, including providing your opinion on the most-likely result if a lawsuit were brought over each instance.

Identify the similarities and differences of GLBA and HIPAA compliance laws. Explain how the requirements of GLBA and HIPAA align with information systems security. Identify privacy data elements for each, and describe security controls and countermeasures that support each.

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Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA)

Individuals and customers should normally expect companies and health providers to protect personal information. Custodians of private information should protect it as they would any other asset. Personal information has great market value both to other companies and would-be thieves. Because of this value, numerous examples exist of companies opting to share, sell, or inadequately safeguard their customers’ personal information. The result has been two landmark pieces of legislation.

The purpose of the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA) is to make organizations responsible and accountable for protecting customer privacy data and implementing security controls to mitigate risks, threats, and vulnerabilities of that data. Both of these laws impact their industries significantly.

In this discussion, you will identify the similarities and differences of GLBA and HIPAA compliance laws, you will explain how the requirements of GLBA and HIPAA align with information systems security, you will identify privacy data elements for each, and you will describe security controls and countermeasures that support each.

What happened here? What are the practical issues that arose? What are the legal issues that arose? How would you resolve the practical issues? What are your overall impressions of the events that transpired?

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Watch either Fyre Fraud on Hulu or Fyre Netflix

Write an impression paper on the series of events. Following is a format that also describes what I’m looking for in this assignment:

I. Introduction – 10%

A. One paragraph description of the overall event.

II. Facts – 20%

A. What happened here?

III. Legal Issues – 20%

A. What are the practical issues that arose?

B. What are the legal issues that arose? Don’t worry about it being an international event. You do not need to resolve the legal issues, just describe them.

IV. Practical Resolutions 20%

A. How would you resolve the practical issues?

V. Impression – 20%

A. What are your overall impressions of the events that transpired?

VI. Conclusion – 10%

Do problems that Professor Kerr has identified with the current Electronic Communications Privacy Act (ECPA) ring true to you? What about his four basic proposals for a new law?

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Critiquing Professor Kerr’s Proposal For A “Next Generation Computer Privacy Act”

The paper should be as long as you feel necessary to make your points.

Kerr makes 4 basic proposals for a new ECPA in the last half of his article. I think the best way to do it would be to summarize Professor Kerr’s proposal , then write your critique below it. Then, summarize another of his proposals and write your critique below etc. And so on…

You all have a unique perspective that most lawyers don’t have. Do problems that Professor Kerr has identified with the current Electronic Communications Privacy Act (ECPA) ring true to you? What about his four basic proposals for a new law?

Should any use of FRT by law enforcement be barred until the FRT is demonstrably more accurate? Or, should FRT be used only when law enforcement officers have a search warrant, backed by a finding of probable cause?

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Facial recognition technology

Should federal , state, and local governments impose on the use of “facial recognition technology” (FRT) by law enforcement?

For instance, given FRT’s demonstrated accuracy problems – at least three people have been falsely arrested because of faulty FRT identifications- should any use of FRT by law enforcement be barred until the FRT is demonstrably more accurate? Or, should FRT be used only when law enforcement officers have a search warrant, backed by a finding of probable cause? Should there be an exception to any warrant requirement for use of FRT by DHS officers at the borders? Or should DHS officers at least be required to document “reasonable suspicion” when they use FRT at the borders? Should the FRT databases be limited to mugshots of those who have been arrested, or to photos from motor vehicle databases?

Should use of FRT from companies such as Clearview AI be barred altogether because their databases are developed through “web-scraping” (II, below) which allegedly violates state “biometric information privacy laws” and the Federal Computer Fraud and Abuse Act (CFAA)? Would such a bar unlawfully infringe on Clearview’s First Amendment to Free Speech ?

The use of FRT by law enforcement obviously raises important legal and public policy issues. Please write a paper (10-15 pages) in which you analyze the issues and explain your view of how FRT use by law enforcement should be regulated.

Does the proposal strike an appropriate balance ? For instance , will the benefit to law enforcement outweigh the increased risk to the security of data of innocent users? Are the questions proposed for Apple and Google in the Manhattan DA’s report relevant?

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Critiquing Proposals That Would Compel Decryption of Data Stored On Computer Devices

As you know from this week’s lecture, there is a proposal in the Senate for a statute (Sources 3- Lawful Access to Encrypted Data Act) which would require companies like Apple to comply with court orders which, in turn, requires these companies to provide law enforcement with data in “intelligible form” if “such data has been made unintelligible by a feature, product or service owned, controlled, created or provided by” the company.

The legislation appears to be designed to address situations where police are authorized to access the contents of particular documents on the phone because: (1) they have a search warrant backed by probable cause; (2) a court has issued a “decryption order” after a judge has determined that ordering the suspect to “decrypt” (e.g. unlock the phone) does not violate the suspect’s 5th Amendment rights; (3) the suspect still refuses to unlock despite the judges order to do so and(4) the phone’s manufacturer (e.g. Apple) says it cannot unlock the phone.

As you probably know, there has been almost universal resistance to efforts by local, state and national law enforcement officials to reach some compromise on the encryption issue. (e.g Sources “3- “Experts – Hands Off Encryption”)

A “report” from the Manhattan DA in November, 2015 is part of the reading for Week 3. This report says, for instance, that in the period between September 17, 2014 and October 1, 2015, the Manhattan DA’s office “was unable to execute approximately 111 search warrants for smartphones because because Apple, which had assisted in the past, now says it is literally unable unlock the phones. The warrants command officers to search for evidence of the crimes of “homicide, attempted murder, sexual abuse of a child, sex trafficking, assault, and robbery.” Manhattan DA Report p.9

Write a paper critiquing the Manhattan DA’s report (including 2016 -2019 “updates”). Does the proposal strike an appropriate balance ? For instance , will the benefit to law enforcement outweigh the increased risk to the security of data of innocent users? Are the questions proposed for Apple and Google in the Manhattan DA’s report relevant? Does the DA’s proposal meet the concerns of the scientists in the MIT paper that I loaded as “Experts Say Hands Off Encryption” (please focus on the relatively brief section on “data at rest”) Sources – 3? Is the Lawful Access to Encrypted Data Act a better solution (Sources 3)? https://www.manhattanda.org/our-work/smartphone-encryption-and-public-safety/

Was it legally obtained? Was the evidence you selected “relevant” under FRE 401? How are you going to “authenticate” each piece of digital evidence under FRE 901?

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The Jacques Affidavit

Write a memo to the prosecutor handling the case briefly describing the pieces of Electronically Stored Information (ESI)/ digital evidence referred to in the Problem (“Jacques Affidavit”) that tend to prove Jacques’s guilt. Select what you consider to be the three most important pieces of Digital Evidence/ ESI and explain how this evidence could be admitted at trial (i.e. identify the relevant rule(s) and the witnesses who will have to be called to admit this evidence a trial.

There are generally five basic issues that you will have to deal with in demonstrating the digital evidence you select is admissible:

1 Was it legally obtained? (e.g. search warrant? consent? 2703 (d) order

2. Was the evidence you selected “relevant” under FRE 401?

3. What witness(es) are you going to rely on to admit the evidence? (e.g. CF expert) Remember that since this is a criminal case (kidnapping) you will not be able to call the defendant “as a person with knowledge” to authenticate. He has a 5th Amendment right to refuse to testify.

4. How are you going to “authenticate” each piece of digital evidence under FRE 901?

5. Even if you are able to “authenticate” the digital evidence you have selected, is it, nonetheless inadmissible because it is hearsay? You will have to consider the definition of “hearsay” under FRE 801 as well as the “exceptions.” (see e.g. FRE 803)

Compare and contrast the various types and provide two examples that demonstrate their necessity and use.

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Under FAR Subpart 16.3, Cost Reimbursement Contracts are defined as a type of contract that permits payment of allowable incurred costs to the extent prescribed in the contract.

From the discussion preparation, defend or refute the reasonableness in the use of this type of contract by government agencies. Based on your position, recommend a revision that would make use of the contract more reasonable.

Assess what types of contracts are acceptable in government contracting. Compare and contrast the various types and provide two examples that demonstrate their necessity and use.