Should television be Switched Essay Example for Free

Should television be Switched Essay TV or not TV? -Thats the question. We may not all be Hamlet, but we all struggle with our own existential issues and since television plays a major role in our existence it becomes an issue. The days are long past when we could consider TV to be an innocent, innocuous part of daily life or a casual baby-sitter. It is a powerful, persuasive teacher and a primary companion for children, many of whom spend more time in front of the television than in school. Considering that some members of the average family watch more than seven hours of television per day, it is not surprising that contemporary research indicates that human development and behaviour are affected by television to a degree far exceeding earlier judgments. Unfortunately, this medium, which has been used for much good, has increasingly been misused. The number of programmes and commercials that conflict with gospel standards are steadily rising, and few viewers demonstrate enough self-discipline to resist. Some of us dont even realize what hidden messages were receiving-and little by little we subconsciously come to accept them as normal or appropriate. There is a large body of research that documents the way in which exposure to television influences children generally, and much of this relates to the effects of exposure to violent content in programming. Children who view programmes where violence is very realistic, frequently repeated or left unpunished, are more likely to imitate what they observe on television. The impact of television violence may be immediately evident in a childs behaviour or it may surface years later. Children who spend their time alone will learn behaviour from television, which is considered to be acceptable. Several studies have also highlighted that children may become immune to violence, gradually accepting it as a way to solve problems. Young children are very impressionable, and it follows that they see things on television, and at the movies, that they may consider as normal. For example, Americans accept that there is a tremendous amount of violent crime in their country. They hardly flinch when they hear about horrific murders; theyve heard it all before. However, in the UK we still find it horrific when someone holds a shootout at a school or murders a child. This is because we dont come across it very often. Unfortunately though, because of the amount of detail in newer films, we are beginning to get used to violence. Take for example the recent film, Hannibal starring Anthony Hopkins, where the consuming of a human brain is featured in graphic detail and the exploitation of cannibalism is continued throughout the film. How then can parents compete with the film industrys glamorisation of violence? Violence is becoming part of our society, and some of it must be attributed to the amount of violence that we are subjected to in the media. As well as an influencing effect on behaviour, television has a significant impact on self-image and overall health and well being of a person, despite claims that there are advertisement campaigns promoting a healthy diet and exercise. However in perspective, ninety eight percent of the time, commercials are glamorising the sedentary lifestyle with promotion of junk food and new technological advances that mean you can stay in the comfort of your own home and use the television or internet to do your weekly shopping. The effects of commercialism cannot be underestimated. Children are besieged by manipulative commercial messages day in and day out, on TV, and even at school. Companies hire psychologists to help them target children and manipulate them; we call this the art of whine-making. Perhaps the mobile phone is the biggest example of discontent among teenagers as every seventeen days on average there is a new model on the shelves. The bombardment of commercial messages has created a sense of chronic dissatisfaction in children and, many psychologists think, has contributed to the increase in teenage depression. With the technological and social development in the world, television hasnt fallen behind and companies seem to have left no stone unturned; every taboo is consistently addressed in day to day viewing. Intense and disturbing imagery, including scenes of extreme violence but including other extreme taboos such as cannibalism, were once found only in films of extreme violence. More and more, these images are appearing on television and satellite broadcast. Particularly for children and teens, these images have an effect that can best be described as a reduced version of post-traumatic stress disorder. The intense and disturbing images return unbidden and at times obsessively since the children have little ability to process and sublimate the images. However a lack of respect and courtesy is a serious national problem and sixty per cent of people have stated that it is getting worse. This relates to increased aggressiveness, lack of consideration of others and public vulgarity, all types of behaviours that are normalized by increasingly vulgar and rude television shows. Take for example the notorious Jerry Springer Show where there is uncalled for language that is consistently unsuitable and features that are far from ordinary. Firstly, the guests language is censored because of daytime viewing and because of this it is extremely hard to make out what is being said, as there seems to be more bleeps than actual words. Next in question are the discussion topics featuring occurrences that are extraordinary, some are actually so unbelievable that they become humorous. It is unquestionable that television has shaped and accelerated this trend, rather than simply reflecting it, as television executives are fond of claiming. Rude and vulgar behaviour on television regiments the behaviour and breaks down the social barriers that help children understand when certain behaviour is appropriate and not appropriate. Unfortunately, television doesnt have to be violent or vulgar to have a negative effect. Excessive television watching of any description has clear psychological and physiological effects on people. The Couch Potato Syndrome demonstrates that the benign television content decreases childrens creativity and imagination, decreases physical activity and thus increases obesity. Each year the average child watches approximately twenty two thousand commercials-five thousand of them for food products, the majority of which are high-calorie, high-sugar, low-nutrition items and meals portrayed on prime-time television are anything but balanced and far from relaxed. On TV, snacking is almost as common as breakfast, lunch, and dinner combined. During daytime weekend childrens programs, snacking comprises forty five percent of all eating events, while regular meals constitute only twenty four percent. Fruits are chosen as snacks on television only four to five percent of the time. Clearly, TV does not promote good eating habits. Adding to this affluence and power are common themes of some of the most popular shows on current prime-time television. Some programs consistently glamorise materialism and glorify products. With high-fashion wardrobes, luxurious estates, and insatiable appetites for wealth, these TV characters portray the false idea that greed brings gratification and Life-styles portrayed on these programs often promote self-satisfaction rather than sacrifice, greed instead of charity, and conceit rather than humility. Perhaps the most harmful messages TV brings into our homes relate to intimate physical relations. In the past several years, there has been a marked increase in the frequency of flirtatious behaviour and sexual innuendos on TV. Storylines and settings that include revealing or enticing apparel and explicit camera angles are on the increase. Moreover, references to intimate physical relations on TV, whether verbally insinuated or contextually implied, occur most often between unmarried partners-five times more frequently than between married couples. References to such relations with prostitutes come in second. Together, references to sexual conduct between unmarried partners and with prostitutes account for about seventy percent of all references to intimate physical conduct on television. Television is undoubtedly a sex educator of children and a potentially powerful one. Contemporary television entertainment is saturated with lessons that are likely to have an impact on young viewers sexual development and behaviour. The notorious soap, Coronation Street, is thought to be suitable for family viewing, yet a teenage pregnancy, a few years ago was aired and the particular girl has apparently benefited from it and at present is living with her boyfriend, to whom she is expecting a child and who she is blissfully unaware of the fact that he is a homosexual. In this particular instant, three taboos are referenced and broken at once; living together before marriage, pregnancy before marriage and the exploitation of homosexual tendencies and behaviour. When asked, my grandmother said that television had definitely developed but, in doing so took a wrong turn. She told me, I would have never dreamed of two teenagers having relations outside marriage, let alone watching the actual process, during family time viewing. It definitely seems that the television industry needs to sort their act out in order to ensure that not too much over exaggeration is broadcasted daily on the TV screen. So why in effect is television portrayed as having a positive influence to any extent on someones life? The only depiction of television in a good light is the broadcasting of childrens television programmes aimed at those between the ages of two and five. However, even at this, companies are negligent and inconsiderate. Programmes of such description are usually aired at unsociable hours of the morning or night as they dont make for high viewing interests and thus companies lose out, so how can a child view a beneficial programme when its broadcasted at times when a child cant watch it? However it has also been proven that such educational programmes also have a negative effect on children. Programmes like the Teletubbies and Boo-Bahs have been shown to cause a steady rise in speech impediments, as proper vocabulary has not been demonstrated, with Eh-Ho replacing hello. Hence the underlying, negative aspects outweigh even issues that are supposed to be in favour of television. Excessive TV viewing is a behaviour pattern acquired by frequent repetition that sometimes becomes involuntary. For many families, watching television is more than a habit; its a dependency, marked by withdrawal and dysfunction when the TV set is not available. It is becoming a pattern that requires diligent effort to break. In effect, when taken to excess, the impact television has on a person is undoubtedly pessimistic; it certainly can give someone a thoroughly dull mind and a huge waistline.

Types of Cyber Crime and Strategies for Prevention

Types of Cyber Crime and Strategies for Prevention Crimes In cyber Age And Its Response By Indian Judiciary Table of abbrevaitions AIR All India Reporter AP Andhra Pradesh Art. Article Bom. Bombay ed. Edition Ltd. Limited. P. page number Pat. Patna SCC Supreme Court Cases SCR Supreme Court Reporter Sec. Section Crimes In cyber Age And Its Response By Indian Judiciary Introduction The advent of the third millennium has brought in an era of information society. The new era is the result of rapid changes brought about by the new technology and the cyber world. Obviously the information society offers vast scope and opportunities to human beings to identify information, to evaluate information, and to exchange information for the benefits of the citizens the world over. The in formation technology provides for a new environment, new work culture, new business links and trading networks. It allows information and knowledge based work to be located anywhere. It is virtually transforming and revolutionizing the world. The information technology is a double-edged sword, consistently presenting us with benefits and disadvantages. The increasing opportunities for productivities, efficiency and worldwide communications brought additional users in droves[1]. Today, the internet is a utility, analogous to the electric company and ‘.com has become a household expression. The reliability and availability of the internet are critical operational considerations. Activities that threaten these attributes like spamming, spoofing, etc, have grave impacts on its user community. Any illegal act, for which knowledge of computer technology is essential for its perpetration, investigation, or prosecution, is known as cyber crime. Among the various problems emerging out of the internet are the menace of hackers, cyber terrorism, spamming, Trojan horse attacks, denial of service attacks, pornography, cyber stalking etc. Through this paper the researcher will try to study the problem of cyber stalking, cyber defamation, various types of data theft and the laws relating to it. An effort will also be made to recommend some suggestions to fight these dangerous problems, with the response of Indian judiciary to it. Cyber staking Cyber stalking, has been defined as the use of electronic communication including, pagers, cell phones, emails and the internet, to bully, threaten, harass, and intimidate a victim. Moreover, it can also be defined as nothing less than emotional terrorism.[2] Cyber stalking can take many forms. However, Ellison (1999) suggests, cyber stalking can be classified by the type of electronic communication used to stalk the victim and the extent to which the communication is private or public. Ellison (1999) has classified cyber stalking as either ‘direct or ‘indirect. For example, ‘direct cyber stalking includes the use of pagers, cell phones and the email to send messages of hate, obscenities and threats, to intimidate a victim. Direct cyber stalking has been reported to be the most common form of cyber stalking with a close resemblance to offline stalking (Wallace, 2000). Why people do it? Generally, to be defined as stalking the behaviour must be unwanted and intrusive. Another important point is that the stalker must also have an intense preoccupation with the victim. The range of behaviour involved in stalking can be broadly grouped in three categories. Firstly, there is following, which includes frequenting workplaces and homes, maintaining surveillance, and engineering â€Å"coincidences.† Secondly, there is communicating—by phone, letters, cards, graffiti, gifts, and, Increasingly, electronic mail and the internet (â€Å"cyber stalking†).Often the stalker will order goods and services on the victims behalf. Finally comes aggression or violence, in which stalkers threaten their victims, harass their families, damage their property, make false accusations about them, and cause sexual or physical injury. Sexual attractions and motives are other very important reasons for cyberstalking. In USA, the federal law enforcement agencies have encountered numerous instances in which adult paedophiles have made contact with minors through online chat rooms, established a relationship with the child, and later made contact for the purpose of engaging in criminal sexual activities.[3] Nature of cyber staking The nature of cyber stalking is ascertains by the medium which is used for its execution. According to †¦ cyber stalking had been classified into four kinds[4] a) E-mail stalking b) Chat stalking c) Bulletin board systems d) Computer stalking. Email stalking Electronic mail is an electronic postal service that allows individuals to send and receives information in matter of seconds. This sophisticated use of telephone lines allows communication between two people who may or may not know each other but can ‘speak to each other using a computer. In general Email is an insecure method of transmitting information or messages. Everyone who receives an email from a person has access to that persons email id. With some online services as AOL, a persons screen name is also an email address. In addition, when a person posts an item on a newsgroup, that pesons email id may be available to anyone who reads that item. It is unsurprising, then, that email is a favoured medium for cyber stalkers. Technologically sophisticated email harassers send ‘mail bombs, filling a persons inbox with hundreds or even thousands of unwanted mails in the hope of making the account useless. Others send electronic viruses that can infect the victims files.[5] Chat stalking A chat room is a connection provided by online services and available on the internet that allows people to communicate in real time via computer text and modem. Cyber stalkers can use chat rooms to slander and endanger their victims. In such cases the Cyber stalking takes on a public rather than a private dimension. As live chat has become more popular amongst users of the internet with tools such as internet relay chat (IRC), it has also become more popular as a medium through which stalkers can identify and pursue their prey. When a person enters a chat room, his screen name joins the list of names of others in the group. Depending on the nature of the chat software, that person can address others in the room and vise versa as a part of the group discussing from a smaller group in a private chat room or send private, one to one instant messages to others anytime.[6] During ‘chat, participants type instant messages directly to the computer screens of other participants. When a person posts a message to a public news group this is available for anyone to view copy and store. In addition, a persons name, email address and information about the service provider are easily available for inspection as a part of the message itself. Thus, on the internet, public messages can be accessed by anyone anytime- even years after the message were originally written. In IRC, the harasser may chose to interrupt a persons chat electronically or otherwise target a chat system, making it impossible for someone to carry on a conversation with anyone else. The Cyberstalker can engage in live chat harassment or abuse of the victim( otherwise known as ‘flaming) or he/she may leave improper message o the message board or in chat rooms for or about the victim. Bulletin board systems A bulletin board system (BBS) is a local computer that can be called directly with a modem[7]. Usually they are privately operated and offer various services depending on the owner and the users. A bulletin board allows leaving messages in group forums to be read at a later time. Often a BBS is not connected to a network of other computers, but increasingly BBSs are offering internet access and co Cyber stalkers area using bulletin boards to harass their victims.[8] Online have been known to known to post insulting messages on electronic bulletin boards signed with email addresses of the person being harassed. The Cyber stalker can also post statements about the victims or start rumours which spread through the BBS. In addition a Cyber stalker can ‘dupe another internet users into harassing or threatening a victim by posting a controversial or enticing message on the board under the name , phone numbers or email address of the victim, resulting in subsequent responses being sent to the victim.[9] Computer stalking With computer stalking, cyber stalker exploits the internet and the windows operating system in order to assume control over the computer of the targeted victim. An individual ‘windows based computer connected to the internet can be identified, allowing the online stalker to exercise control over the computer of the victim. A cyber stalker can communicate directly with his or her target as soon as the target computer connects to the internet. The stalker can also assume control over the victims computer and the only defensive option for the victim is to disconnect and relinquish his or her current internet address.[10] An example of this kind of cyber stalking was the case of a woman who received a message stating ‘ Im going to get you. The cyber stalker then opened the womans CD-ROM drive in order to prove that he had control over her computer. cyberstalking trends and statistics offenders Previous studies that have investigated stalking offenders by and large, have focused on the offline stalking offender Regardless for the offenders group such as ‘simple, ‘love or ‘erotomanic statistics reports, male offenders to account for the majority of offline stalking offenders. Working to Halt Online Abuse (2000) statistics also support the gender ratio of offenders claiming, 68% of online harassers/cyber stalkers are male. Furthermore, common social and psychological factors have been found within offline stalking offender population. For example, social factors such as the diversity in socio-economic backgrounds and either underemployment or unemployment have been found significant factors in offline stalking offenders[11]. In a research done on young stalkers between 9 and 18 years of age little difference was found between young and adult offline stalking offenders. For example, the majority of offenders were male, had some form of previous relationship with the victim and experienced social isolation.[12] Victims Currently, there are limited studies on the victims of cyber stalking. Although, anyone has the potential to become a victim of offline stalking or cyber stalking, several factors can increase the statistical likelihood of becoming a victim. Studies[13] that have investigated offenders of offline stalking, have found some common factors within the selection of victims. For example, contrary to public belief, a large proportion of stalking victims are regular people rather than the rich and famous. Goode claimed[14], up to 80% of offline stalking victims are from average socio-economic backgrounds. In addition, the statistical likelihood of becoming a victim increases with gender. Working to Halt Online Abuse (2000) reports, 87% of online harassment/cyber stalking victims are female. However, victim gender statistics may not represent true victims, as females are more likely to report being a victim of online harassment/cyber stalking than males. Although studies have shown that the majority of victims are female of average socio-economic status, studies have also shown that offline stalking is primarily a crime against young people, with most victims between the age of 18 and 29.[15] Stalking as a crime against young people may account for the high prevalence of cyber stalking victims within universities. For example, the University of Cincinnati study showed, 25% of college women had been cyber stalked.[16]. Nevertheless, previous relationships have been shown to increase the likelihood of being stalked offline. For example, it was reported, 65% offline victims had a previous relationship with the stalker[17]. Although studies of offline stalking claim the majority of victims have had a previous relationship with the stalker Working to Halt Online Abuse Statistics[18] fails to support a previous relationship as a significant risk factor, for online harassment/cyber stalking. For example, 53% of victims had no prior relationship with the offender. Therefore, the risk factor of a prior relationship with the stalker may not be as an important factor in cyber stalking, as it is in offline stalking. Psychological effects of cyberstalking Currently, there are few studies on the psychological impact on victims. However, Westrup[19]studied the psychological effects of 232 female offline stalking victims. He found out that the majority of victims had symptoms of PTSD, depression, anxiety and experienced panic attacks. Additionally, it was found that 20% of victims increased alcohol consumption and 74% of victims suffered sleep disturbances[20]. Nevertheless, social and psychological effects of offline stalking cannot be separated as social effects can impact on psychological effects and psychological effects can impact on the social effects. Although the majority of studies have focused on the offline stalking victims, there is no evidence to suggest that cyber stalking is any less of an experience than offline stalking (Minister for Justice and Customs, 2000), As shown, there are many common themes between offline stalking and cyber stalking. For example, offenders are most likely to be male and offline stalking or cyber stalking is the response to a failed (offline/online) relationship. Additionally, young females account for the majority of victims. Furthermore, victims experience significant social and psychological effects from offline stalking or cyber stalking.[21] Legal responses to cyberstalking Cyber stalking is are a relatively new phenomenon and many countries are only now beginning to address the problem. India has also witnessed cases of cyber stalking, cyber harassment and cyber defamation. However, as there is no specific law or provision under the IT Act, a number of these cases are either not registered or are registered under the existing provisions of Indian Penal Code—which are ineffective and do not cover the said cyber crimes.[22] Since its promulgation, the IT Act 2000 has undergone some changes. One big change is the recognition of electronic documents as evidence in a court of law. Market players believe this will go a long way in giving encouragement to electronic fund transfers and promoting electronic commerce in the country. However, all hope is not lost as the cyber crime cell is conducting training programmes for its forces. It also has plans to organize special courses for corporate to combat cyber crime and use the IT Act effectively. Cyber defamation Defamation can be understood as the intentional infringement of another persons right to his good name. It is the wrongful and intentional publication of words or behavior concerning another person, which has the effect of injuring that persons status, good name, or reputation in society. It is not defamatory to make a critical statement that does not have a tendency to cause damage, even if the statement turns out to be untrue[23]. In this case a claim for malicious falsehood[24] may be raised. Another key feature of the Internet is that users do not have to reveal their identity in order to send e-mail or post messages on bulletin boards. Users are able to communicate and make such postings anonymously or under assumed names. This feature, coupled with the ability to access the internet in privacy and seclusion of ones own home or office and the interactive, responsive nature of communications on the Internet, has resulted in users being far less inhibited about the contents of their messages resulting in cyber space becoming excessively prone to defamation. What is defamatory? As to what is defamatory; Permiter v. Coupland[25] and Youssoupoff v. Metro Goldwyn Mayer Pictures Ltd[26] lay down that it is a publication without justification or lawful excuse, which is calculated to (meaning â€Å"likely to†) injure the reputation of another by exposing him to â€Å"hatred, contempt, or ridicule†[27] and make the claimant â€Å"shunned and avoided†. Then in Sim v. Stretch[28] the definition was widened to include the test whether the words tend to lower the plaintiff in the estimation of the right-thinking members of society in general. A persons good name can only be damaged if maligning statements are made to someone other than that person; that is, the defamatory statement must be disclosed to a third person, thereby satisfying the requirement of publication. Thus the law of defamation places a heavy burden on the defendant. All that a plaintiff has to prove, in a defamation action, is the publication of defamatory matter. The onus then lies on the defendant to prove innocence. In essence, the law on defamation attempts to create a workable balance between two equally important human rights: The right to an unimpaired reputation and the right to freedom of expression. In a cyber society, both these interests are increasingly important. Protection of reputation is arguably even more important in a highly technological society, since one may not even encounter an individual or organization other than through the medium of the Internet. Jurisdiction It is a fact that the tried and true real world legal principles do not apply in the digital generation. Even seemingly ubiquitous, time honoured principles must be examined, including whether a court has the power to exercise jurisdiction over a defendant because of the defendants ties to or use of the Internet or Internet related technologies. This jurisdictional rethinking requires us to address the concept that involves the right of the sovereign to exert its power and control over people or entities that use the Internet One of the complexities of the Internet is the fact that Internet communications are very different than telephone communications. The telephone communication system is based on circuit-switching technology, where a dedicated line is allocated for transmission of the entire message between the parties to the communication. A dedicated line, on the other hand, does not accomplish Internet communications. A message sent from an Internet user in India may travel via one or more other countries before reaching a recipient who is also sitting at a computer in India. Therefore, the lack of a physically tangible location and the reality that any Internet communication may travel through multiple jurisdictions creates a variety of complex jurisdictional problems[29]. Position in india Cases of cyber defamation do not fit neatly in the accepted categories of crimes. They represent harm of greater magnitude than the traditional crimes and of a nature different from them. Unlike the traditional crimes, they are not in the shape of positive aggressions or invasions[30]. They may not result in direct or immediate injury; nevertheless, they create a danger, which the law must seek to minimize. Hence, if legislation applicable to such offences, as a matter of policy, departs from legislation applicable to ordinary crimes, in respect of the traditional requirements as to mens rea and the other substantive matters, as well as on points of procedure, the departure would be justified[31] An effort is still wanted to formulate an international law on the use of Internet to curb this imminent danger of cyber crimes and to achieve a crime free cyber space. Defamation laws should be sufficiently flexible to apply to all media. The difficulty is that the defamation laws world over were principally framed at a time when most defamatory publications were either spoken or the product of unsophisticated printing. We do need a stronger legal enforcement regime in India to combat the increasing cyber crimes or in other words, efficacy in dispensation of justice will be instrumental in curtailing such activities. The position in Indian law is not very clear and amendments should be brought to Section 67 of the Information Technology Act, 2000[32] and also to Section 499 of the Indian Penal Code[33], by expressly bring within their ambit offences such as defamation in cyber space, which is certainly a socio-economic offence. Internet Banking Fraud The concept of internet banking was introduced to facilitate the depositors to have access to their financial undertakings globally. But every good thing has its own demerits; the introduction of this system was coupled by a number of fraud incidents in which the money of depositors was embezzled by the net swindlers popularly known as hackers.[34] Digital Extortion For any company doing business on the Internet, its the sound of doom: a computer voice warning of an inbound attack. Call it a cyber-shakedown: A hacker threatens to shut down a companys Web page, unless the business pays up.[35] Digital Extortion can be defined as, â€Å"Illegally penetrating through the system of an enterprise and then compelling it to pay substantial amounts in lieu of their secret data or to save their system from being wiped out by the hackers.† In a recent incident, Security researchers at Websense were trying to learn why a clients files were scrambled when they found a note demanding $200 for the electronic key to the files. The money was to be sent to an online payment service. The data was recovered without paying the ransom, but experts are worried that more sophisticated attacks could be more serious.[36] Credit Card Frauds Credit Card popularly known as plastic money has came up as a panacea for the troubles of carrying huge amount of money in the pocket. The credit card embodies two essential aspects of the basic banking functions: the transmission of payments and the granting of credit. But again the usage of this technology has brought in new forms of crimes with the fraudsters employing entirely new technologies to manipulate this technology for their illegal economic gains because unlike paper money, it was not anonymous and the usage of credit card can be traced. The Indian Legal Response to Data Theft Related Cyber Crimes In the past few years, India has emerged as a leader in information technology. Also, there has been an explosion of the BPO industry in India, an industry which is based primarily on IT[37], an industry where there is a huge risk of data theft since the business primarily is based on huge amounts of sensitive data of the customers. The numbers of computer literates have also grown at a rapid pace. The prices of computers and other peripherals have slashed drastically. Dial-up and Broadband connections, both are found and are easily accessed at cheap rates. All this has resulted in making the middle-class in India computer literate as well. Hence, as a result of all these developments, the Indian Parliament enacted the Information Technology Act, 2000. The researchers will discuss some of the remedies provided for in brief and has also provided certain suggestions as to where the act can be amended. 1) Penalty for Tampering with Computer Files As discussed already, Industrial espionage may also include tampering with the computer files to slow down the system or corrupt databases. Section 65 of the Act defines this sort of offence and prescribes an imprisonment of 3 years or fine extending to two lakh rupees. 2) Penalty for Hacking This also relates to data theft and industrial espionage. Hacking is where a person hacks into a computer resource and in any way destroys, deletes or alters any information is to be punished with an imprisonment of up to three years or a fine extending up to two lakh rupees. For this the requirement of mens rea, i.e. metal element is required. 3) Penalty for Damage of Computer, Computer System, etc. This is the section which can be said to deal directly with data spying. Section 43 says that whosoever without the permission of the owner accesses any computer ,downloads, copies or extracts any data, computer data base or such information is liable to pay compensation not exceeding rupees one crore. It takes care of all the possibilities arising out of such situations. In this case the condition of mens rea is not required, i.e. this section imposes a strict liability on every unauthorized access. 4) Penalty for breach of Confidentiality and Privacy Now, this section seeks to bring to the book people who secure access to any electronic record etc. and without the consent of the person concerned disclose the information to a third party. Shortcomings of the Act: * No steps to combat Internet Piracy- There is absolutely no legislation to combat the menace of piracy which has India firmly in its iron grip .As discussed by the researchers above India is one of the countries where there is rampant violation of copyrights. Pirates sell copyrighted material openly, on the streets, yet nothing can be done about it. * Power of Police To Search Limited to Public Places-Police officers can search public places and arrest any person having committed a cyber crime but it is seldom that such crime takes place in the open. Hence, the police have been limited in its powers by the act. * Issue of Privacy and Surveillance-There is no legislation that protects the citizens from having their physical features being examined and the details stored without their consent. When biometric systems gain currency in India the old argument of Privacy v. Security will have to be waged as it has been waged in the US. As we have seen, there are various aspects of data theft, not only the conventional one, though that remains one of the most well-known ways of data-theft, i.e. data spying .In todays world there is no one way of defining data. Data can still be in the form of a spreadsheet and also you can call information about a person including his physical features, which if they fall into the wrong hands can cause identity theft and can be used in various other ways to commit crime. The companies should monitor their employees, before hiring their employees and after hiring them. Employees should be given incentives and good salaries so that they resist the temptation to give away information to rival companies. Since it is a capitalistic system, competition will always remain, and companies will sink to unfair competition. Hence, unfair practices will always exist, and to minimize those companies should take all precautions necessary. As far as the laws concerning internet piracies go, not only in India, but the entire world needs better and more stringent laws that protect the copyright of intellectual property and stop the rampant copyright violation that has engulfed the whole world. Copyright laws need to be strengthened or else creativity will suffer since the artistes or investors will have no incentive. The music, film and publishing industry have all suffered heavily, to the tune of billions. India, also, needs more legislation, and most importantly of all, it needs to find ways to implement the existing laws, for example giving the police powers to search private places in case of suspicion of cyber crime. The definition of hacking needs to be modified and narrowed, since in the existing legislation the definition includes too many unnecessary acts. A lot of work regarding the use of biometric technology has to be done. The problem which the US face now (as has been discussed above) is the problem which is going to arise now, in India. Though biometric technology is definitely the way to go in view of the increased risk of terrorist attacks all around the globe, but there are serious issues of, not only violation of privacy, but also that of data theft, not only by criminals, but by the state itself Challenges of information technology to existing legal regime The impact of Internet on the existing legal regime can be well appreciated by the fact that the US Congress had introduced more than 50 bills pertaining to Internet and e- commerce, in the first three months of 1999 alone.[38] The issues, which need to be addressed urgently, are security of transactions, privacy, property, protection of children against an easy access to inappropriate content, jurisdiction, and validity of contracts, Procedural rules of evidence and other host of issues. Constitutional issues The issues raised by the advent of the Internet relevant to the constitutional lawyers are freedom of speech and privacy. The questions regarding the freedom of speech, which need to be answered, are: 1. Is publication, of information on the Internet equivalent to the speech and expression made by an ascertained person in real space within the political boundaries? 2. If it amounts to speech and expression should it be then regulated? 3. If it is to be regulated, should it enjoy the freedom available to press and thus subject to restrictions of article 19(2) or be treated as broadcast media, which is subject to governmental regulations? 4. Should we consider Internet a different media unparallel with the traditionally known and have to come up with different legal regime? In the developed world, a record bank is created in which individuals record image is stored. This record image is based on the information collected from different sources pertaining to an individual who remains unaware of the method, process and sources of record image[39].This record image has far reaching implications for an individual who may apply for insurance, medical care, credit and employment benefits.[40] The government also maintains electronic files, which contain sensitive information. This information is shared among the government agencies, private organisations and between the government and private sector, which in fact is facilitated by the technology itself. There is a possibility that the data collected from different sources to prepare a profile is outdated, inaccurate or out rightly false. Translating information to make it computer readable further compounds the problem. This increases the possibility of inaccuracies. Thus the objection is not that the inform ation has been collected with the knowledge of the concerned person, but the objection lies in the fact that an inaccurate information has been collected which will be repeatedly used to evaluate character, reputation, employment chances and credit worthiness of an individual who was not given chance to go through the information before it is finally stored, nor does he know the source where from the information has been collected. The Supreme Court of India has found article 21 flexible enough to encompass right to privacy within its fold. In Peoples Union for Civil Liberties v. Union of India[41] the apex court held the right to privacy a fundamental right. The apex court reminded that this right has its genesis in international instruments more particularly in articles 17[42]and 12[43] of the international Covenant on Civil and Political Rights, 1948, respectively to which India is a signatory and has to respect these instruments as they in no way infringe the domestic laws.[44] There are no two opinions about the fact that the Internet is going to be on central stage in future where an individual cannot be even in a take it or leave it situation. Its pervasiveness, speed and efficiency will provide little scope t

My Life Essay -- Personal Narratives Essays

My Life I was born in San Jose, Costa Rica, and moved to California when I was very young. Before I moved to California my dad traveled back and forth for 2 or 3 yrs from California and back to Costa Rica. He spent most of his time working in the Fresno area, in the cities of Tulare, and Visalia. He says he spent his time working in any available job including some farm labor jobs and went back to Costa Rica to spend time with us. After the second time he left Costa Rica to come and work he did not go back. At that time, amnesty was given to immigrants in California, and he moved up north to the Bay area to find a steady job. That is when he saved enough money for my mother, my two siblings, and I to join him in California. My first few years since I moved were adventurous. I had to...

Ginsberg, Allen. Howl and Other Poems. San Francisco: City Light Books,

Ginsberg, Allen. Howl and Other Poems. San Francisco: City Light Books, 2001. Capitalizing on Capitalizing in Ginsberg’s Howl Ginsberg was a literary revolutionary as can be seen in his poetry. He pushed form and genre, theory and confrontation, confession and controversy right to the threshold and over the doorway of societal standards. In pushing and pushing, Ginsberg creates a new vocabulary for certain words by capitalizing them and giving them the significance of the ‘proper noun.’ By capitalizing the first letter of certain words, Ginsberg gives a solid identity to intangible things and redefines their role in a corrupted society that has destroyed the â€Å"best minds† of his generation. Heaven, Terror, Time, Zen, Eternity, Capitalism, Absolute Reality and Space find their niche among the cities and events in section one. None of the words begin a sentence and some are used multiple times, giving them even more validity in their existence. Somewhere along the line the â€Å"best minds of [Ginsberg’s] generation† â€Å"bared their brains to Heaven,† â€Å"cowered†¦listening to the Terror,† in the midst of â€Å"poles†¦illuminating all the motionless world of Time† and â€Å"vanished into nowhere Zen,† â€Å"followed a brilliant Spaniard to converse about America and Eternity,† â€Å"burned cigarette holes in their arms protesting the narcotic tobacco haze of Capitalism,† or â€Å"were run down by the drunken taxicabs of Absolute Reality† (9-13, 16). Despite Ginsberg’s rants towards hysteria and chaos, there is some hope in the vulnerability of men who â€Å"bared their brains to Heaven.† There is a strong sense of redemption in the Eternity that is continuously referred to page to page. This also gives the minds some validity and a sense of ownership of... ...ey tie in with the Absolute Reality way of approaching the world. At the same time that he devalues Visions and Dreams, calling them, â€Å"the whole boatload of sensitive bullshit,† he also seems to feel that way because they have been devalued by America, rather than by be devalued in their own right (22). The few remaining capitalized words maintain that strand of hope that Ginsberg gave in section one. Even if America has devalued Dreams, Visions, and Epiphanies, they are still there for the taking in some sense. By the third section, Ginsberg has found some middle ground and solidarity. There is hope for the destroyed minds and corrupted America. Ginsberg attaches his own meaning to these words to set up the minds vs. society and provides some eternal hope that stands outside of society’s domination and gives everyone some ultimate answers and consistency.

Early Arizona Women in the Mormon Faith :: Church of Jesus Christ of Latter-day Saints

Early Arizona Women in the Mormon Faith Imagine traveling across country, in uncharted territory without air conditioning. Believe it or not, thousands of people did it. These pioneers had to protect themselves, make good of the resources around them and try to have a normal family life on top of this. As if this was not hard enough, Mormon women had a much tougher challenge to face; they had to keep faith and teach the word of the lord to all they came in contact with. Many challenges had to be overcome even once they settled, building a house, a community, and a church, not to mention the boredom and loneliness of being far from their families. Pioneering was done mainly throughout the mid to late nineteenth century in America. Women were responsible for tending to the children, cooking whatever their husbands (or fathers or brothers) may have caught that day and cleaning. There were times when animals were hard to find and no kill was brought home that night to feast on; the women had to then compromise and pick plants around them and boil them into a soup. The types of animals that were mainly found were deer, buffalo and occasionally a dog was killed to feast upon. Some of the fears of traveling to Arizona consisted of Indian attacks, robbers and family and, or friends dying along the trail. Not all tribes of Indian’s attacked traveling settlers. In an account told by Mrs. Elvira Martineau Johnson, who, in 1876, traveled with her husband to Moen Copie tells of how Navajo Indians wanted justice, not revenge. According to her, three of the tribes cattle were killed and the Navajo’s wanted to know by whom. The head of the settlement, Jas S. Brown, was hospitable and fed the Navajos while he tried to get to the bottom of the story. Brown and the Navajos traveled to another settlement not far away and discovered half-starved colonists. The colonists admitted to killing the three cattle and explained they thought the cattle were owner less. Because of the time and effort Brown devoted to solving the problem, the Navajos were satisfied and did not ask for any reparations.1 Flagstaff became one of the first Mormon settlements in Arizona.

Japanese Management Essay

In the early 1980s, William Ouchi asserted in the U.S. soil the significance of Theory Z (1981), a Japanese management style that includes communal relationship in organizations and strong trust bonds as a more effective way to handle business as evidenced by the success of Japanese corporations.   This has made the interest and appreciation for the Japanese style of management and practices grow for the last twenty years, especially those successful Japanese companies who used unusual approaches (Lee and McCalman, 2008). For Japanese firms, the development of good relationship is a primordial interest. A Japanese firm may refuse to deal with another and ink a partnership regardless of the possible profits it may gain from the venture. The drive to develop a good relationship is primarily due to the very important principle called â€Å"tsuikiai† (socialization) (Lee and McCalman, 2008). Peer-to-peer relationship is more essential than relationship between levels as the Japanese believe that an organization draws strength from the former rather than from the latter. Hence, for American managers, it is only normal to assess their subordinates based on certain criteria. On the contrary, Japanese organizations tend to assess their employees based on their ability to work with their colleagues (Byham, 1993). Japanese managers get good evaluations if their subordinates can work well with each other. As such, Japanese firms give more emphasis on the ability of the employees to work with other employe es and not much on their performance. This is due to their belief that as long as a good relationship is established within the organization, the organization can handle other matters effectively (Lee and McCalman, 2008). For the Japanese, good relationships can be developed through the following: 1) After work dining & drinking session As previously mentioned, the principle of tsuikiai or socialization allow the Japanese to continue to incorporate good relationships as part of their corporate management style. Apparently, this can be seen in their popular practice of usually having dinner and drinking sessions amongst employees after office hours (Lee and McCalman, 2008). This is also the idea of the â€Å"communication plaza concept† wherein the executives meet their employees informally to have lunch or dinner and at the same time to listen to each other   (Otsubo, 1993). Through such engagements, employees have the chance to be more familiar with each other away from the four corners of their business premises. This positively affects the connections among the employees. This enables the Japanese organizations to create a warm and communal workplace where employees feel that they can communicate freely with everyone (Sullivan, 1992). Such practice is not the same with Americans where the latter would pr efer to   maintain the division between their personal and work life. According to Arenson (1993), the connection between U.S. workers and their companies are created by written contracts and the compensation that the companies renumerate to their employees. This complimented the observation rendered by   Rehder (1979) that Japanese managers treat their subordinates like their family members while western managers’ relationships with their subordinates are through contracts which makes the relationship depersonalized.   This is contrary to the belief of Japanese workers that they are obligated to the company they are working for because of the close relationship and bond that they have with their company and this creates mutual trust between the employees and the company. They likewise have a sense of shared focus to reach the goals of the organization. This management theory has been one of the core values of Honda from 1980s when they first established their operations in the United States and this was adopted by Nissan, Mazda and Toyota ( Sullivan, 1992). 2) Quite often meetings rather than electronic or paper work Americans would prefer to have everything first on paper before they can act on a project. Whereas Japanese prefer to do meetings rather than convey their messages through e-mails or doing paper works primarily as they despise memos and paper work (Arenson, 1993). According to Lee and McCalman (2008), it is through meetings that the workers would begin to know each other and determine the things that need to be done. This is most applicable in cases where there are no contracts or written documents involved and through meetings, the employees are able to worke on matters they need to attend to (Lee and McCalman, 2008). 3) Informal arranged agreements vs. legal agreements Before an American company would deal with another enterprise, it is not needed that the two companies develop a good relationship. It does not matter if a company would deal with a competitor provided that the two companies would gain mutual benefit. As a sense of security, American companies need to employ countless lawyers and execute numerous contracts before setting matters off. As a pre-requisite, everything needs to be laid out on paper before anything is started (Lee and McCalman, 2008). The mentality in America is that everything is governed by laws to make sure that people involved know what is set on the line (Arenson, 1993). It is ordinary for companies to deal with strangers and just develop a relationship during their venture (Lee and McCalman, 2008). This is not the case for Japanese companies as they require developing personal relationships before they transact with other business entities. This is because of their belief that it is important that a trusting relationship between two companies is developed before considering to have business venture   (Lee and McCalman, 2008). In Japan, there is less dependence on the laws and rather, more premium is placed in developing a trusting relationship before going into a business transaction. Unlike Americans that prefer to settle everything in a legal way or execute contracts first, Japanese are known to have healthy disdain for lawyers and legal or written actions. And unlike the Americans that would employ lawyers and execute contracts before the transaction, Japanese dislike being forced to deal just because of the contracts and in the process may just ignore some provisions thereto. They believe that the situations will have changed after signing the contract (Lee and McCalman, 2008). In fact, the two countries have a big difference in the number of lawyers as in the United States, there are over 800,000 lawyers as compared to Japan that has 15,000 lawyers only (Arenson, 1993). Moreover, Japanese would prefer to spend more time interacting with their potential customer or supplier before they would commit themselves   (Otsubo, 1993). 4) Networking- personal contacts Japan depends on networking as their society is very much a relationship-oriented one. Japanese would get things done though their personal contacts. For them, a man’s success or failure could be directly affected by their connections that he or she has developed over the years. In fact, a newly graduated Japanese would almost depend exclusively on his or her connections through university or from personal connections to land a job. That is why there is a high probability that the company recruiters would hire applicants coming from the same university as theirs because of the special connection that is existing between the recruiters and the university faculty and staff. This is what Japanese called â€Å"jinmyaku† or the web of human beings. Any internal or external undertaking to the company is accomplished through personal contacts (Lee and McCalman, 2008). It is then ordinary for an employee to develop extensive personal network within and outside the organization to protect his or her success rate especially that a person’s capability depends also on the extensiveness of the networks he or she may have   (Kase and Liu, 1996). Such mentality may affect the attitudes of the Japanese of not working with strangers. Through developing personal contacts takes time, once the networks have been created, everything is much easier as there is not much paperwork and lawyers involved. This principle makes it more difficult for foreign companies to penetrate Japan (Lee and McCalman, 2008). Japanese organizations would prefer hiring somebody who has a connection thereto because hiring a new employee is like welcoming a lifelong member of the corporate family. An individual applying for a position in a company by reason of an advertisement is considered a total stranger. As such, there is a possibility that Japanese companies may look after the personal attributes of an applicant rather than his or her technical attributes (Lee and McCalman, 2008).   It is very vital for an organization to ensure that the person to be hired is a team player and will blend well within the group. This is in contrast with U.S. companies as they prefer to look at the technical attributes of the applicants and highly rely on grade-point averages and specific credentials or competencies (Lee and McCalman, 2008). Networking works wonders in cases where a manager tries to launch a new project and the project is not really within the expertise of the concerned department, managers that have a w ell-established network within the organization could use their connections to persuade their colleagues to support their projects and also use these connections outside the organization to help make the project successful (Kase and Liu, 1996). Japanese manufacturing companies were able to capitalize in their personalized networking system that they were able to establish when they internationalized their operations during the late 1970s and 1980s. The personalized networks developed between their head offices and subsidiaries made the flow of the information run smoothly and eventually positively affect the efficiency of the companies (Kase and Liu, 1996). Moreover, Japanese companies establish personal networking with other Japanese companies in other countries (Yu and Ohle, 2008) for their advantage. 5) Teaming up in everything they do One of the major difference between Japanese management and Western management is that the structure of the organization is loose or poorly defined whereas the structure of the organization of the western management is tight or the specific functions are associated with specific boxes (Rehder, 1979). Teaming is a very important aspect in the management of a project. That is why the composition of teams that will handle organizational projects are carefully selected (Lee and McCalman, 2008). Even in creating an organizational project, the composition of the team that will develop and plan the concerned project is carefully assembled from the different departments of the organization (Gray and Larson, 2003). And up to the time that the organizational project is already running after the planning stage, there are still some times that the personnel from the planning stage will coordinate with the functional managers and project managers of the actual operation of the project (Gray and Larson, 2003). As Japanese companies or the Japanese culture itself has high regard on the â€Å"web of human beings†, it is part of the establishment of trust within the team to develop close personal relationship among the team members. The trust created by the â€Å"tsuikiai† plays an important role in the accomplishment of the interconnected tasks of the team members. A high level of trust is necessary for the accomplishment and implementation of the various tasks that the manager is leading (Kezner, 2000). Every meticulous aspect of the project requires the highest level of cooperation and team work among the players performing the tasks. That is why it is the responsibility of the project manager to build and maintain a high level of trust within the team to ensure the successful operation of a project throughout its course (Kezner, 2000). This is where the American employees of some Japanese companies are impressed with how every Japanese members of the team would persist to wo rk together to collect and discuss data gathered and develop ways to respond to different situations and improve their performance (Sullivan, 1992). Another thing that shows the Japanese persistence to teaming up is their decision-making system, or also known as â€Å"ringi† or decision by consensus system. This enables the employees to be motivated to work together.   The term ringi actually came from two words: ‘ri’, which means to ask from below and ‘gi’ which means to deliberate (Ichiro, 1977). By the Japanese decision-making systems, the organization initially debates on the meaning of a certain question and determines its possible solutions until consensus if finally reached. The process of the decision making and even the initiation of the process are participated in by all levels of the organization, whether the process be a verbal or written one (Naotsuka, 1978). This is because the Japanese have a view that it is important to first debate the problem or the question to achieve full comprehension in its general corporate-wide perspective, after which is to establish a consensus to preve nt groups from taking sides on one solution or another hastily. In such case, clash between the prevailing and losing groups is prevented because conflicts will only weaken the implementation of the favored solution. This normative process is called by the Japanese as â€Å"nemawashi† (Naotsuka, 1978).

Pest

Name: Kimberly Hodge 1. Using APA citations to support your statements, explain what a PEST table is and why it is important to an organization (1-2 paragraphs). Pest Analysis is a frame work that strategy consultants uses to scan the mirco environment in which the firm operates. (Value Based 2013) PEST is Political, Ecomonic, Social factor and Techonolgies factors. Companies will use this in workshops and it will make the managmenets brainstorm techniques using PEST for strategic plannings, marketing planning or development in the business or the production. (Value Based 2013) 2.Include an explanation of the organization and environment you are focusing on in the PEST table (3-5 sentences): I answer #4 before I answer this one. It is combine of both questions. The organization would be my bike shop. I would use this table to think how this would affct my employees and the consumers. Political section, with the Furlough going on and unemployment numbers are going up.. I need to be aw are that I will have good days and bad days with sales. The next couple months were be good month because income refunds are coming in and people want to buy and spend but then at the same time consumers may be saving as well.International trades will be affecting my bike shop because some of the bikes are shipped from France, Switzerland and other countries. I need to be aware this could affect my business as well.. Social is a huge impact for any business. And I think economic influences social a lot. Then Technologies, there are always new gadgets that are being added to the bikes or can be purchased to add to the bike. As a management, I have to be aware that when I promote new technology, I need to let them know what is new and how does it work. 3. 4. Identify 3-5 items in each category and post them in the PEST table below.Provide enough detail to explain your thoughts for each item. One or two lines will suffice for each item; please avoid using one-word, generic items within the table. Political1. Tax policies2. political stability3. safety regluations4. international trade regulations and restricitions5. contract enforcement law consumer protection| economic1. stage of the business cycle2. consumer confidence3. exchange rates/inflaction rates4. Interest rates and montery policies5. unemployment policy| SOCIAL1. income distriubiton2. labor/social mobility3. lifestyle changes4. health consciousness and welfare, feelings on saftey5. iving conditions| TECHOLOGY1. government research spending2. new inventions and development3. energy use and costs4. rate of technology transfer5. life cycle and speed of technological obsolescence| 5. If you were the leader of the organization used here, how would you utilize the information in the PEST graph, and what changes would you make based on your results? How would those changes affect the success of the business? (1-2 paragraphs) When I am leader of the organization, I will need to look each catergory and determine what are affecting our people in our country.People may be looking for changes or having trouble adapting to changes. Why are the changes happening like the example in the book talking about when the records were going out and the CD were coming in and it happened almost over night. This means people who had record players did not have CD players.. The customers had to buy CD players before they could buy the CD. This is what I need to look, what will happen if I change something, does this mean the consumers will have to spend money to make something adapt to something such as CD player. With the government changes laws, it affects our people.Like recent event, the Furlough, I know some people are losing two days of work per payperiod, this will affect their paychecks which will affect the social. So as a leader, we have to look how each category will affect the next. 6. References (please use proper APA set up as you construct the reference list): Valued Based Management. Net (Ja nuary 2, 2013) http://www. valuebasedmanagement. net/methods_PEST_analysis. html GRADING RUBRIC Item| Point Value| Assignment Content| | In depth responses to all questions| 40| General Writing and APA compliance| 10| Total| 50|