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Tuesday, July 3, 2012

Twitter told to give up Occupy protester's tweets

NEW YORK (AP) ? Twitter must give a court about three months' worth of an Occupy Wall Street protester's tweets, a judge said in a ruling released Monday after the company fought prosecutors' demand for the messages.

Manhattan Criminal Court Judge Matthew A. Sciarrino Jr. rebuffed one of Twitter Inc.'s central arguments, which concerned who has rights to contest law enforcement demands for content posted on its site. But the judge said the company was right on a separate point that could require prosecutors to take further steps if they want to see one particular day of Malcolm Harris' tweets and his user information.

Sciarrino also decided that he would review all the material he ordered turned over and would provide "relevant portions" to prosecutors.

The case began as one of hundreds of disorderly conduct prosecutions stemming from an Oct. 1 Occupy march on the Brooklyn Bridge, but it has evolved into a closely watched legal tussle over law enforcement agencies' access to material posted on social networks.

The Manhattan district attorney's office said Harris' messages could show whether he was aware of police orders he's charged with disregarding. Twitter, meanwhile, said the case could put it in the unwanted position of having to take on legal fights that users could otherwise conduct on their own.

The DA's office said it was pleased with the ruling, which came after the judge turned down Harris' own request earlier this year to block prosecutors from subpoenaing his tweets and user information from Sept. 15 to Dec. 31.

"We look forward to Twitter's complying and to moving forward with the trial," Chief Assistant District Attorney Daniel R. Alonso said in a statement.

Twitter called the ruling disappointing and said it was considering its next move.

"We continue to have a steadfast commitment to our users and their rights," the company said in a statement.

Harris' lawyer, Martin Stolar, said he was studying the ruling to determine how to respond.

Harris was among more than 700 people arrested in the Brooklyn Bridge march. Police said demonstrators ignored warnings to stay on a pedestrian path and went onto the roadway. Harris, an editor for an online culture magazine, and others say they thought they had police permission to go on the roadway.

He challenged the subpoena for his tweets, saying prosecutors' bid for user information, alongside the messages, breached privacy and free-association rights. The data could give prosecutors a picture of his followers, their interactions through replies and retweets, and his location at various points, Stolar said.

Prosecutors said the tweets might contradict Harris' claim that he thought protesters were allowed on the roadway. And they said he couldn't invoke privacy rights for messages he sent very publicly, though some stopped being visible when newer ones crowded them out.

Sciarrino ruled in April that Harris didn't have a proprietary interest in his tweets and so couldn't challenge the subpoena, which was issued to Twitter.

Then San Francisco-based Twitter went to court on Harris' behalf, saying he had every right to fight the subpoena. Its user agreements say that users own content they post and can challenge demands for their records, and it would be "a new and overwhelming burden" for Twitter to have to champion such causes for them, the company argued in a court filing.

The judge said the company's argument didn't overcome his view that privacy protections don't apply to Harris' tweets.

"If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy," wrote the social media-savvy Sciarrino, who laced his previous ruling with the hashtag marks used to mark key words in tweets.

Twitter prevailed on another argument: that some of the tweets shouldn't be turned over because a federal law requires a court-approved search warrant, not just a subpoena issued by prosecutors, for stored electronic communications that are less than 180 days old.

Sciarrino found that law did apply ? but only to Harris' tweets and information for Dec. 31, since the rest were more than 180 days old by the Saturday of the ruling. It was released Monday.

Prosecutors' bid for the tweets had spurred concern among electronic privacy and civil liberties advocates, and some cheered Twitter's decision to take up the fight at a time when authorities increasingly seek to mine social networks for information.

Monday's ruling "continued to fail to grapple with one of the key issues underlying this case: do individuals give up their ability to go to court to try to protect their free speech and privacy rights when they use the Internet? ... The answer has to be no," said Aden Fine, a staff attorney with the American Civil Liberties Union, which had filed a friend-of-the-court brief backing Twitter's position.

Harris' case is set for trial in December.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

Source: http://news.yahoo.com/twitter-told-occupy-protesters-tweets-184902995.html

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LoungeUp Scores Seed Round To Help Hotels Keep Guests App Happy

Anything that helps hotels improve their customer service levels is welcome in my book. Tools to help them up sell, not quite so much. To that end, LoungeUp, a startup that provides a platform to enable hotels to jump on the mobile app bandwagon, has announced that it's raised a seed round of "several hundred thousand euros" from P?le Capital and several Angels, including Nicolas Baudy (previously VoyagesSNCF and Weekendesk), Francesco Maio (NowFashion, Attractive World), and Didier Herrmann (ex President of Unilog). LoungeUp's mobile app which runs on tablets, smartphones and laptops (via native and browser-based versions) is designed to help hotels keep their guests happy through a better interface for hotel services as well local partnerships -- and the ability to up sell in new ways.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/wQxlYTciC_s/

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Monday, July 2, 2012

How a thunderstorm knocked out Instagram, Pinterest, and Netflix

Severe weather left Amazon's cloud storage centers in northern?Virginia without power, crippling large segments of the web that rely on its digital architecture

Plenty of people found themselves bored this weekend when a powerful Atlantic storm disrupted Amazon's cloud storage centers Friday night, taking down Instagram, Pinterest, and Netflix, among others. The outages, which sent Amazon into damage control mode for the better part of the weekend,?underscores how dependent a large chunk of the web is on?the online giant to provide affordable cloud storage. Here, a brief guide to the Amazon architecture that secretly fortifies the web:

What kind of service does Amazon provide?
The Seattle-based e-tailer runs a data center called the Elastic Compute Cloud (EC2) in northern Virginia. On Friday night around 11 p.m. EST, severe thunderstorms cut off EC2's power, crippling services as diverse as Netflix, Pinterest, 99Designs, Active.com, Heroku, and Instagram. Other properties, such as Foursquare, were only partially affected, and most of the companies took to Twitter to alert their customers that they were working to restore service. By Saturday morning, most were back online again, even if with limited functionality. This weekend's outage, however, marks the second time EC2 has experienced downtime in a month.

SEE MORE: Can Amazon break into the fashion business?

How bad were the storms?
About 2.1 million people from Virginia to Illinois are still without power as of Monday morning, says Scott DiSavino at Reuters. The storms claimed at least 15 lives, "mostly from falling trees and branches." Ohio-based AEP, which supplies power to 5 million customers in 11 states, says it could take a few days to restore power to all, leaving millions without air conditioning as the region experiences a heat wave.

Why do all these companies rely on Amazon??
Amazon's EC2 storage is affordable, which is why so many companies use it so extensively. In fact, "many new companies have business models that only make sense (if, in fact, they do) because of how inexpensive and flexible Amazon's cloud services are," says Anthony Wing Kosner at Forbes. But Amazon's vulnerability in such a disaster-prone area could spell bad news, especially if its clients begin looking into competitors, says Sean Ludwig at VentureBeat, "including Rackspace, SoftLayer, Microsoft's Azure, and Google's just-introduced Compute Engine."

Could this happen again?
Unfortunately, yes. The web is vulnerable to so many kinds of issues: Not only did Friday's storms cause huge problems, but on Saturday night, after an extra second was added to Earth's universal clocks, a "leap second bug" affected sites like Reddit, Yelp, and LinkedIn. Outages like this weekend's are "a reminder of how fragile, still, our digital architectures actually are," says Megan Garber at The Atlantic. "As one commentator put it, 'No matter how powerful we become as a species with our technology, we are still at the mercy of the clouds.'"

Sources: The Atlantic, CNET, Forbes, Reuters, VentureBeat

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Questions About Commercial Real Estate? We Have The Answers ...

1 July 2012

Posted by Dennis under: Key West Commercial Real Estate .

When you interview a representative of a prospective real estate brokerage, ask how the company attains most of its profits. An honest broker, of course, will be open to discussing how their money was made. Don?t hire a broker if he can?t adequately explain how helping you with the transaction will benefit his firm. If you don?t understand how the company benefits from transactions, ask questions to clarify the issue.

Know that the size of a property is important when you?re looking for a spot for a business that?s permanent. You want to invest into commercial property that has the potential to grow so that you don?t have to shop for you business again a few years down the line.

Read the fine print about your real estate agent. Keep an eye out for dual agencies. Your real estate agency will represent each side of the transaction. In other words, an agency simultaneously provides services to both the landlord and tenant. Dual agency must be disclosed by both parties and they need to agree to it.

Secure the proper financing prior to hunting for property to buy. Don?t make the mistake of thinking that commercial lending is the same as residential lending. In some ways, they are better. To acquire a commercial loan, you will likely have to cough up considerably more of a down payment. On the other hand, you won?t be liable personally if the loan falls through. Furthermore, these loans are more lenient if you want to acquire part of the down payment from a family member, friend or acquaintance.

Commercial property can make you rich if you know what you are doing. You need to not only front a substantial down payment, but have the time and patience to see your investment through to the end, as well. This article should provide you with some tips and tricks that will help you succeed in commercial real estate.

For more information about Key West Commercial Real Estate contact Gary Smith at http://www.keywestlifestyle.com

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Source: http://www.keywestlifestyle.com/blog/key-west-commercial-real-estate/questions-about-commercial-real-estate-we-have-the-answers/

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Swimmer Aborts Record Swim (Voice Of America)

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Egypt's new president begins struggle for power

CAIRO (AP) ? Islamist Mohammed Morsi became Egypt's first freely elected president on Saturday, launching his four-year term with a potentially dangerous quest to wrest back from the military the full authority of his office.

The outcome of the impending battle between Egypt's first civilian president and its powerful generals will redraw the country's political landscape after 60 years of de facto military rule.

If Morsi succeeds, the Muslim Brotherhood will likely be emboldened to press ahead with realizing the longtime goal of making Egypt an Islamic state. Otherwise the military ? which has been reluctant to give up the power it assumed after Hosni Mubarak's ouster ? will continue its stranglehold on the country for years, maybe decades, to come.

For Egypt's estimated 82 million people, the prospect of a continuing battle between the military and the Brotherhood, the country's largest political group, will only prolong the political instability that has rocked their nation since Mubarak's ouster last year. Egyptians have seen the initial euphoria following the revolution turn into a wave of pessimism amid a declining economy, rising crime and a seemingly endless wave of protests, strikes and sit-ins.

The yearning for stability was expressed by two prominent figures.

Nobel Peace Laureate Mohamed ElBaradei, also Egypt's top pro-democracy advocate, tweeted that it was time to resolve the thorny issues of the new constitution, the president's powers and legislation. "Now, the time for building has come, to achieve the revolution's goals," he said.

Gamal Eid, a well-known rights lawyer and activist, saw in Morsi's inauguration the chance for someone in power to be held accountable. "Now the ball is in the president's court after he became the first elected president of Egypt. Now we can hold him accountable either with or without authorities."

Both sides ? Morsi and the military ? made a show of unity during the inauguration ceremonies that began with the 60-year-old U.S.-trained engineer being sworn in at the Supreme Constitutional Court, then making an address a few hours later at Cairo University as the ruling generals applauded politely.

Morsi repeated his oath of office in the university's gigantic lecture hall and lavishly praised the military council, which had promised to hand over power to a civilian government by July 1 but pushed through a series of decrees this month that stripped the president of significant powers before doing so.

The decrees gave the military legislative authority after the parliament was dissolved by court order as well as control over the process of drafting a permanent constitution. It also retained its influence on key domestic and foreign policy issues.

"The armed forces are the shield and sword of the nation," Morsi told an audience of several thousand people, including many members of the disbanded Islamist-dominated parliament.

"I pledge before God that I will safeguard that institution, soldiers and commanders, raise its prestige and support it with all the powers available to me so it can be stronger," he added.

But Morsi later appeared to urge the military to hand over all powers to his elected administration.

"The (ruling) Supreme Council of the Armed Forces has honored its promise not to be a substitute for the popular will and the elected institutions will now return to carry out their duties as the glorious Egyptian army returns to being devoted to its mission of defending the nation's borders and security," he said.

Military ruler Field Marshal Hussein Tantawi's arrival at the hall was greeted by conflicting chants of "the army and the people are one hand" and "down with military rule." He and Gen. Sami Anan, the powerful chief of staff, showed no emotion during Morsi's address, but did occasionally clap.

The military already has won the first round, forcing Morsi to take his official oath of office before the court because there is no parliament, the traditional venue for inaugurations.

The Supreme Constitutional Court is packed with judges appointed by Mubarak before his ouster and it is the same tribunal that ruled two weeks ago that a third of parliament's members were elected illegally. Armed with that verdict, the military disbanded the chamber.

The Brotherhood has questioned the legality of the military's decree and called for the reinstatement of the legislature in which it controlled just under half the seats. Some of the group's leaders wanted Morsi to be sworn in before members of the dissolved legislature, but the idea was shelved over fears it could unleash a crackdown by the military.

Instead Morsi read an informal oath of office during a rousing speech before tens of thousands of supporters Friday in Cairo's Tahrir Square, the epicenter of the revolution.

A court official who was present at Saturday's swear-in ceremony said Morsi insisted that the proceedings not be shown live on television, preferring that they be recorded and aired after his university address. The judges refused, warning him of legal repercussions. He eventually backed down but not before the ceremony was delayed by nearly two hours.

The official spoke on condition of anonymity because of the sensitivity of the subject, but Tahani el-Gebaly, one of the court's 18 judges, made similar comments to the state Al-Ahram daily newspaper.

Betraying his anger, Morsi was grim-faced throughout the ceremony, avoiding eye contact with the black-robed judges in the wood-paneled chamber. In a dark blue suit and red tie, he looked straight at the camera rather than the court's chief judge, Farouq Sultan, as he read the oath.

"We aspire to a better tomorrow, a new Egypt and a second republic," Morsi said in a brief address to the judges. The courthouse, whose court is a Nile-side structure built to resemble an ancient Egyptian temple, is next door to the military hospital where Mubarak is being held after his transfer from a prison hospital.

The ousted leader is serving a life sentence for failing to prevent the killing of protesters during the uprising that toppled his regime last year.

"Today, the Egyptian people laid the foundation of a new life ? absolute freedom, a genuine democracy and stability," said Morsi after the court ceremony.

Curiously, Morsi made no mention of the Brotherhood's goal of bringing Egypt more in alignment with Islamic teachings in three speeches he delivered on Saturday, with his citation of a handful of Quranic verses the only sign of his political orientation.

He also did not raise the case of the Egyptian-born blind sheik Omar Abdel-Rahman, who is jailed in the U.S. for plotting to blow up New York City landmarks and assassinate Mubarak.

Morsi vowed to work for his release, along with political detainees in Egypt, in Friday's speech at Tahrir Square, but it was unclear if he planned a serious appeal or was responding to populist pressure after seeing a group of protesters with posters of the detainees.

Later at a military ceremony held at a base east of Cairo, Tantawi and Anan saluted Morsi as he arrived and awarded him the "shield of the Armed Forces" ? the Egyptian military's highest honor. Morsi also received a 21-gun salute before he and Tantawi addressed the ceremony.

The location of the ceremonies was loaded with symbolism for the Brotherhood, whose members were jailed and suppressed for decades, including during Mubarak's secular rule.

Cairo University was established in 1908 as Egypt's first seat of secular learning but became a stronghold of Islamist student groups in the 1970s. Many of their leaders have gone on to become today's stalwarts of the Brotherhood, Morsi included.

The base, also known as Huckstep camp, houses a military court in which Brotherhood leaders were tried during the Mubarak years.

Hundreds of soldiers and policemen guarded the Supreme Constitutional Court building as Morsi arrived in a small motorcade. Only several hundred supporters gathered outside the court to cheer the new president and, in a departure from the presidential pomp of the Mubarak era, traffic was only briefly halted to allow his motorcade through on the usually busy road linking the city center to southern suburbs.

In another sign of the change of style, Morsi began his address at Cairo University with an apology to students whose final exams had to be postponed to allow the ceremony to be held at the main campus.

Source: http://news.yahoo.com/egypts-president-begins-struggle-power-215321969.html

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Thome eager to contribute to Orioles success

Baltimore Orioles' Jim Thome reacts after striking out with one runner on against the Cleveland Indians during the ninth inning of a baseball game, Sunday, July 1, 2012, in Baltimore. Thome went 0-4 in the Indians' 6-2 win. (AP Photo/Gail Burton)

BALTIMORE (AP) ? Jim Thome arrived at Camden Yards on Sunday, eager to become a regular in the Baltimore Orioles lineup and to make a good team even better.

Acquired Saturday in a trade that sent two minor leaguers to Philadelphia, Thome, 41, hurriedly traveled from Miami to Baltimore and was in the starting lineup against Cleveland.

Playing in the American League means Thome can serve as a designated hitter.

"I expect to come to the ballpark and play every day," he said. "Can I do that? I mean, realistically, probably not. But I think the mentality every day is to come and be ready."

Thome batted fifth Sunday and received a standing ovation at Camden Yards before his first plate appearance, a groundout. He went 0 for 4 with two strikeouts in Baltimore's 6-2 loss.

Thome didn't play as often as he would have liked for the last-place Phillies. He was, however, thankful to get a second chance to be in Philadelphia, where he starred from 2003-05.

"I think everybody knows my history in Philly. It's a great organization, they were first class," he said. "Obviously, I think they put me in a real good situation here, so I am excited again."

Thome expected to play more first base with the Phillies, but wasn't physically capable of doing so.

"That put them in a tough situation and I understood that," he said. "Then interleague happened and I was able to get some consistent at-bats. It was one of them things where it kind of made me really realize how much I did love the game and how much I did want to play and get those at-bats every day."

The lefty batting Thome has 609 home runs, tied with Sammy Sosa for seventh on the career list. He had 18 at Camden Yards in 67 games.

"It's always been a very good park to hit in, but ultimately you've got to go out and have good at-bats," he said. "Good at-bats hopefully will produce hits."

Thome was delighted to join a team in contention to make the postseason. Despite Sunday's loss, Baltimore is in second place in the AL East with a 42-36 record.

"These guys, they've had a great year," he said. "I think they've done some special things and hopefully we can continue to do that."

Thome's presence could mean a lot in a clubhouse in needed of veteran leadership.

"Not only can you contribute the days you play, but also the days you don't play. Watching the game, watching pitchers and just talking baseball," he said. "I think that's what I was fortunate to learn from in Cleveland and my years coming up. And, hopefully, if anything, as well, you might say something to somebody and it helps them. I'm always there. I think being a good teammate is being a good listener. And also being there as a teammate and a friend. Through the years, I have had some good ones that I've been able to follow."

He can still come off the bench and be effective, as evidenced by his game-ending, pinch-hit homer against Tampa Bay on June 23. It was his last hit with Philadelphia.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-07-01-Orioles-Thome/id-6ffef0f6f2c04a45b3414ff52b9ce0af

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