Author: Anshul Bindal

Data Breach – Legal Liability

Data Breach – Legal Liability

A data breach is the intentional or unintentional release of secure or private/confidential information to an untrusted environment.

It is a security incident in which sensitive, protected or confidential data is copied, transmitted, viewed, stolen or used by an individual unauthorised to do so.” Data breaches may involve financial information such as credit card or bank details, personal health information (PHI), Personally identifiable information (PII), trade secrets of corporations or intellectual property. Most data breaches involve overexposed and vulnerable unstructured data – files, documents, and sensitive information.

The Potential of Customer ID Theft

There’s no way around it: You need to collect some sensitive customer information if you’re going to do business. Sensitive doesn’t just mean credit cards and Social Security numbers. It can also mean names and addresses combined with purchasing history.

One problem can be a lack of security on your own servers. Another can be outsourcing data storage to a non-secure third party.

Just because another company is holding the data doesn’t negate your responsibility if information is stolen or leaked. You can still be beholden to customers if their identities are compromised.

Legal Liability for Identity Theft

Disappointing customers doesn’t automatically lead to legal responsibility. But if your customers are victims of identify theft because of your security breach, it might.

Government agencies that focus on consumer protection have cracked down in recent years. Now companies have more responsibility for protecting client information.

At a minimum, you should have security systems in place to protect clients’ personal data. If those fail, it’s your responsibility to notify customers of the potential harm and what was stolen in the breach. Legally, you may also need proof that the problem was not the result of negligent security on the part of your business.

Keep Your Business Safe From Liability

Even if you’ve never had a security breach, keeping information secure is one more service you can offer your customers.

Make sure your security system protects private information and don’t store more than you need to. It’s also a good idea to routinely wipe personal data from computers that you’re getting rid of, and shred personal records that you don’t need.

Outsourcing data storage to other companies may seem like a good way to keep costs down, but it could cost you in the long run. If you’re going to hire a third party, make sure their security is as good or better than what you’d want for yourself.

Youtube and Fair Use – Best Practices

Youtube and Fair Use – Best Practices

Best Practices

This code of practices is organized, for ease of understanding, around common situations that come up for online video makers. These situations do not, of course, exhaust the possible applications of fair use to tomorrow’s media-making techniques.

But first, one general comment: Inevitably, considerations of good faith come into play in fair use analysis. One way to show good faith is to provide credit or attribution, where possible, to the owners of the material being used.

ONE: Commenting on or Critiquing of Copyrighted Material

Video makers often take as their raw material an example of popular culture, which they comment on in some way. They may add unlikely subtitles. They may create a fan tribute (positive commentary) or ridicule a cultural object (negative commentary). They may comment or criticize indirectly (by way of parody, for example), as well as directly. They may solicit critique by others, who provide the commentary or add to it.

PRINCIPLE: Video makers have the right to use as much of the original work as they need to in order to put it under some kind of scrutiny. Comment and critique are at the very core of the fair use doctrine as a safeguard for freedom of expression. So long as the maker analyzes, comments on, or responds to the work itself, the means may vary. Commentary may be explicit (as might be achieved, for example, by the addition of narration) or implicit (accomplished by means of recasting or recontextualizing the original). In the case of negative commentary, the fact that the critique itself may do economic damage to the market for the quoted work (as a negative review or a scathing piece of ridicule might) is irrelevant.

LIMITATION: The use should not be so extensive or pervasive that it ceases to function as critique and becomes, instead, a way of satisfying the audience’s taste for the thing (or the kind of thing) that is being quoted. In other words, the new use should not become a market substitute for the work (or other works like it).

TWO: Using copyrighted material for illustration or example

Sometimes video makers quote copyrighted material (for instance, music, video, photographs, animation, text) not in order to comment upon it, but because it aptly illustrates an argument or a point. For example, clips from Hollywood films might be used to demonstrate changing American attitudes toward race; a succession of photos of the same celebrity may represent the stages in the star’s career; a news clip of a politician speaking may reinforce an assertion.

PRINCIPLE: This sort of quotation generally should be considered fair use and is widely recognized as such in other creative communities. For instance, writers in print media do not hesitate to use illustrative quotations of both words and images. The possibility that the quotes might entertain and engage an audience as well as illustrate a video maker’s argument takes nothing away from the fair use claim. Works of popular culture typically have illustrative power precisely because they are popular. This kind of use is fair when it is important to the larger purpose of the work but also subordinate to it. It is fair when video makers are not presenting the quoted material for its original purpose but to harness it for a new one. This kind of use is, thus, creating new value.

LIMITATIONS: To the extent possible and appropriate, illustrative quotations should be drawn from a range of different sources; and each quotation (however many may be employed to create an overall pattern of illustrations) should be no longer than is necessary to achieve the intended effect. Properly attributing material, whether in the body of the text, in credits, or in associated material will often reduce the likelihood of complaints or legal action and may bolster a maker’s fair use claim.

THREE: Capturing copyrighted material incidentally or accidentally

Video makers often record copyrighted sounds and images when they are recording sequences in everyday settings. For instance, they may be filming a wedding dance where copyrighted music is playing, capturing the sight of a child learning to walk with a favorite tune playing in the background, or recording their own thoughts in a bedroom with copyrighted posters on the walls. Such copyrighted material is an audio-visual found object. In order to eliminate this incidentally or accidentally captured material, makers would have to avoid, alter, or falsify reality.

PRINCIPLE: Fair use protects the creative choices of video makers who seek their material in real life. Where a sound or image has been captured incidentally and without pre-arrangement, as part of an unstaged scene, it is permissible to use it, to a reasonable extent, as part of the final version of the video. Otherwise, one of the fundamental purposes of copyright–to encourage new creativity–would be betrayed.

LIMITATION: In order to take advantage of fair use in this context, the video maker should be sure that the particular media content played or displayed was not requested or directed; that the material is integral to the scene or its action; that the use is not so extensive that it calls attention to itself as the primary focus of interest; and that where possible, the material used is properly attributed.

FOUR: Reproducing, reposting, or quoting in order to memorialize, preserve, or rescue an experience, an event, or a cultural phenomenon

Repurposed copyrighted material is central to this kind of video. For instance, someone may record their favorite performance or document their own presence at a rock concert. Someone may post a controversial or notorious moment from broadcast television or a public event (a Stephen Colbert speech, a presidential address, a celebrity blooper). Someone may reproduce portions of a work that has been taken out of circulation, unjustly in their opinion. Gamers may record their performances.

PRINCIPLE: Video makers are using new technology to accomplish culturally positive functions that are widely accepted–or even celebrated–in the analog information environment. In other media and platforms, creators regularly recollect, describe, catalog, and preserve cultural expression for public memory. Written memoirs for instance are valued for the specificity and accuracy of their recollections; collectors of ephemeral material are valued for creating archives for future users. Such memorializing transforms the original in various ways–perhaps by putting the original work in a different context, perhaps by putting it in juxtaposition with other such works, perhaps by preserving it. This use also does not impair the legitimate market for the original work.

LIMITATION: Fair use reaches its limits when the entertainment content is reproduced in amounts that are disproportionate to purposes of documentation, or in the case of archiving, when the material is readily available from authorized sources.

FIVE: Copying, restoring, and recirculating a work or part of a work for purposes of launching a discussion

Online video contributors often copy and post a work or part of it because they love or hate it, or find it exemplary of something they love or hate, or see it as the center of an existing debate. They want to share that work or portion of a work because they have a connection to it and want to spur a discussion about it based on that connection. These works can be, among other things, cultural (Worst Music Video Ever!, a controversial comedian’s performance), political (a campaign appearance or ad), social or educational (a public service announcement, a presentation on a school’s drug policy).

PRINCIPLE: Such uses are at the heart of freedom of expression and demonstrate the importance of fair use to maintain this freedom. When content that originally was offered to entertain or inform or instruct is offered up with the distinct purpose of launching an online conversation, its use has been transformed. When protected works are selectively repurposed in this way, a fundamental goal of the copyright system–to promote the republican ideal of robust social discourse–is served.

LIMITATIONS: The purpose of the copying and posting needs to be clear; the viewer needs to know that the intent of the poster is to spur discussion. The mere fact that a site permits comments is not enough to indicate intent. The poster might title a work appropriately so that it encourages comment, or provide context or a spur to discussion with an initial comment on a site, or seek out a site that encourages commentary.

SIX: Quoting in order to recombine elements to make a new work that depends for its meaning on (often unlikely) relationships between the elements

Video makers often create new works entirely out of existing ones, just as in the past artists have made collages and pastiches. Sometimes there is a critical purpose, sometimes a celebratory one, sometimes a humorous or other motive, in which new makers may easily see their uses as fair under category one. Sometimes, however, juxtaposition creates new meaning in other ways. Mashups (the combining of different materials to compose a new work), remixes (the re-editing of an existing work), and music videos all use this technique of recombining existing material. Other makers achieve similar effects by adding their own new expression (subtitles, images, dialog, sound effects or animation, for example) to existing works.

PRINCIPLE: This kind of activity is covered by fair use to the extent that the reuse of copyrighted works creates new meaning by juxtaposition. Combining the speeches by two politicians and a love song, for example, as in “Bush Blair Endless Love,” changes the meaning of all three pieces of copyrighted material. Combining the image of an innocent prairie dog and three ominous chords from a movie soundtrack, as in “Dramatic Chipmunk,” creates an ironic third meaning out of the original materials. The recombinant new work has a cultural identity of its own and addresses an audience different from those for which its components were intended.

LIMITATIONS: If a work is merely reused without significant change of context or meaning, then its reuse goes beyond the limits of fair use. Similarly, where the juxtaposition is a pretext to exploit the popularity or appeal of the copyrighted work employed, or where the amount of material used is excessive, fair use should not apply. For example, fair use will not apply when a copyrighted song is used in its entirety as a sound track for a newly created video simply because the music evokes a desired mood rather than to change its meaning; when someone sings or dances to recorded popular music without comment, thus using it for its original purpose; or when newlyweds decorate or embellish a wedding video with favorite songs simply because they like those songs or think they express the emotion of the moment.

Conclusion

These principles don’t exhaust the possibilities of fair use for online video. They merely address the most common situations today. Inevitably, online video makers will find themselves in situations that are hybrids of those described above or will develop new practices. Then, they can be guided by the same basic values of fairness, proportionality, and reasonableness that inform this code of practices. As community practices develop and become more public, the norms that emerge from these practices will themselves provide additional information on what is fair use

Why Negotiations Fail?

Why Negotiations Fail?

  1. Mismanagement of expectations

Imagine going to a pizza shop and then being told it only serves sushi; disappointment is likely. The same goes for negotiations. If expectations aren’t managed properly, disappointment or frustration may ensue from a misalignment of expectations and reality, and may result in a less-than-ideal outcome for one or all parties.

Properly managing expectations comes from preparation and flexibility. If a party has done its homework –including understanding past precedents and current alternatives—that party is much more likely to have realistic expectations for its encounters. In addition, acknowledging that things may not go as planned can lead to preparation of alternative and backup plans. These plans must lay out acceptance and walk-away scenarios prepared before negotiations begin.

 

  1. Unwillingness to empathize

It’s like watching someone go fishing and not realizing that some people may enjoy fishing. Often, people do not consider the other side’s points of view and cannot appreciate that the other side has different needs and desires, which have a big impact on how negotiations are approached.

By considering the other side’s goals, needs, and thought processes, a negotiator will be able to anticipate arguments the other party may make and consider alternatives that the other party may find appealing even before they meet. In addition, understanding and acknowledging the other side’s point of view may improve the rapport between the parties and can have a positive impact on long-term relationships.

 

  1. Lack of preparation

Have you ever gone to the grocery store without knowing what you already had at your house, only to end up getting more of things you don’t need and less of what you do? Going into any deal without a knowledge of the negotiation’s landscape and potential traps can be treacherous for a negotiator and inhibit proper management of expectations.

A negotiator should come in knowing what relevant precedents exist for the current negotiation, what alternatives may be available (or currently unavailable), and what curveballs may be thrown during the conversation. Preparation in the form of a checklist can be especially helpful as a visual representation of what the negotiator has done, is doing, and needs to do in order to fully prepare for the negotiation. This detailed preparation will make the negotiator more flexible, confident, and purposeful than coming in with only a vague idea of what to expect.

Risk Management Failure – Why does it happen?

Risk Management Failure – Why does it happen?

 

Big projects more often fail because of poor evaluation than poor execution. But many organizations focus on improving only the latter. As a result, they don’t identify the projects that pose the greatest risks of delay, budget overruns, missed market opportunities or, sometimes, irreparable damage to the company and careers, until it’s too late.

It would be easy to point the finger at poor execution. After all, problems occurs as cost or schedule is run over. But overruns are just symptoms of the real problem: poor estimation of project size and risk. As a result, organizations take on projects they shouldn’t and under-budget those they should. H Here are the two drivers of failure and how to avoid them.

  1. Scope and Risk Estimates Are Sourced from Project Advocates.

In a project’s earliest stages, very little is known about what it will take to execute it. So most companies seek out expert internal opinions — usually from stakeholders of the project, since they have the most knowledge around the project. The problem is bias. Research is clear that project stakeholders are likely to fall under its influence, favor optimistic outcomes and produce dangerously inaccurate estimates.

One simple way to expose the impact of bias is with something we call the project estimate multiplier (PEM). It’s simply a comparison of average actual costs vs. average original estimates. The larger the PEM, the greater the impact bias has on your estimating function.

  1. “Big Bet” Risks Are Evaluated the Same Way Smaller Projects Are.

According to research, the risk of failure is four times greater for large projects, and they exceed their already-large budgets by three times as much as smaller projects — enough to cost jobs, damage careers and even sink companies.

Most companies can accurately estimate small projects that may take, say, three to six months, but they are unfortunate at estimating the time and cost of big ones. There are three key reasons for that.

First, large projects usually involve many interdependent tasks, which creates complexity that smaller projects do not have. That makes large projects prone to uncertainty and random events, so they can’t be estimated in the traditional way. Risk-adjusted techniques, such as Monte Carlo analysis, are significantly more accurate.

Second, large projects usually involve tasks whose difficulty is unknown at the time of estimation.

Third, the tipping point between low-risk and high-risk projects is sudden, not gradual. Once a project passes the tipping point, the risk curve changes quickly and dramatically. Unfortunately, under the influence of bias, many companies fail to see the curve, much less correct for it, until it’s too late.

To better assess and manage project risk, develop a process to measure projects against your tipping point. Projects that exceed the tipping point need to be estimated and managed differently. We’ve found the best way is to run the project plan through a series of Monte Carlo simulations. That not only accounts for the risk of uncertainty, it also identifies the tasks with the most risk of affecting the outcome.

The analysis output can then be used to develop a plan for mitigating the risk. This can include techniques like breaking the initiative into smaller projects or running tests to reduce uncertainty.

 

 

Anshul Bindal

Anshul Bindal

I am a recent graduate, experienced with data manipulation and visualization with a strong interest in projects that require both conceptual and analytical thinking. Passionate for continuous improvement and enhancing productivity via automation. Always eager to learn more tricks and enhance my skill set.

I have a wide experience in financial services and a deep understanding of how infrastructure is set up to help the business win.

I am curious about new tools and concepts being introduced in the industry and how they are utilized to increase performance and productivity. With experience with Splunk, AppDynamics, AWS, IBM Mainframes, SAP, etc., I aspire to be a jack of all trade, with the ability to understand and implement, upcoming and complex system designs methodically and effectively.