Should it be legal to unlock your cell phone? It was up until earlier this year. However, due to a ruling by the Library of Congress that was based on a new interpretation of the DMCA it is now against the law to unlock your legally bought subsidized cell phone.
Last month, a petition that was started on the White House's web site received more than 100,000 e-signatures to request that that ruling be changed. Today, the White House responded and stated that unlocking cell phones should be legal.
Once a consumer has fulfilled his contractual obligations to a service provider for a subsidized cell phone why shouldn't he be able to utilize his cell phone on another carrier? When someone buys a new car and is finished paying off any outstanding loans on it he is able to generally sell or utilize the vehicle in any manner that suits his purpose. This includes updating the car's engines and internal mechanics. Therefore, why shouldn't cell phone owners have the same rights?
While the White House and the FCC's acknowledgement that this is a matter that may need a legislative resolution is good news; changing the law will take more than a couple of announcements and/or blog posts.
To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Showing posts with label Social Networking Attorney. Show all posts
Showing posts with label Social Networking Attorney. Show all posts
Monday, March 4, 2013
Sunday, November 29, 2009
The EEOC May Punish Employers Or Insurers Who Review Applicants or Employees' Social Media Posts For Insurance or Personnel Decisions
The Genetic Information Nondiscrimination Act ("GINA") that went into effect on November 21, 2009, prohibits employers from utilizing genetic tests or considering an applicant or employee's genetic background in hiring, firing, or promotions. The main change from the law is that in general, it will prohibit health insurers and employers from asking employees to provide their family medical histories. GINA applies to companies who have more than 15 employees.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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