Of Discourse by Francis Bacon

Of Discourse by Francis Bacon In her book Francis Bacon: Discovery and the Art of Discourse (1974), Lisa Jardine argues that Bacons Essays fall squarely under the heading of presentation or method of discourse. They are didactic, in Agricolas sense of presenting knowledge to someone in a form in which it may be believed and assimilated. . . . Basically these essays communicate precepts for the guidance of personal conduct in public affairs, based on Bacons own political experience. In the essay titled Of Discourse, Bacon explains how a person can lead the dance without appearing to dominate a conversation. You may find it worthwhile to compare Bacons aphoristic observations with the lengthier reflections offered by Jonathan Swift in Hints Toward an Essay on Conversation and by Samuel Johnson in Conversation. Of Discourse Some in their discourse desire rather commendation of wit, in being able to hold all arguments, than of judgment, in discerning what is true; as if it were a praise to know what might be said, and not what should be thought. Some have certain common-places and themes, wherein they are good, and want variety; which kind of poverty is for the most part tedious, and, when it is once perceived, ridiculous. The honourablest part of talk is to give the occasion; and again to moderate and pass to somewhat else, for then a man leads the dance. It is good in discourse, and speech of conversation, to vary and intermingle speech of the present occasion with arguments, tales with reasons, asking of questions with telling of opinions, and jest with earnest: for it is a dull thing to tire, and as we say now, to jade any thing too far. As for jest, there be certain things which ought to be privileged from it; namely, religion, matters of state, great persons, any mans present business of importance , any case that deserveth pity; yet there be some that think their wits have been asleep, except they dart out somewhat that is piquant, and to the quick; that is a vein which would be bridled; Parce, puer, stimulis, et fortius utere loris.* And, generally, men ought to find the difference between saltness and bitterness. Certainly, he that hath a satirical vein, as he maketh others afraid of his wit, so he had need be afraid of others memory. He that questioneth much, shall learn much, and content much; but especially if he apply his questions to the skill of the persons whom he asketh; for he shall give them occasion to please themselves in speaking, and himself shall continually gather knowledge; but let his questions not be troublesome, for that is fit for a poser; and let him be sure to leave other men their turns to speak: nay, if there be any that would reign and take up all the time, let him find means to take them oft, and to bring others on, as musicians use to do with those that dance too long galliards. If you dissemble sometimes your knowledge of that you are thought to know, you shall be thought, another time, to know that you know not. Speech of a mans self ought to be seldom, and well chosen. I knew one w as want to say in scorn, He must needs be a wise man, he speaks so much of himself: and there is but one case wherein a man may commend himself with good grace, and that is in commending virtue in another, especially if it be such a virtue whereunto himself pretendeth. Speech of touch towards others should be sparingly used; for discourse ought to be as a field, without coming home to any man. I knew two noblemen, of the west part of England, whereof the one was given to scoff, but kept ever royal cheer in his house; the other would ask of those that had been at the others table, Tell truly, was there never a flout or dry blow given? To which the guest would answer, Such and such a thing passed. The lord would say, I thought he would mar a good dinner. Discretion of speech is more than eloquence; and to speak agreeable to him with whom we deal, is more than to speak in good words, or in good order. A good continued speech, without a good speech of interlocution, shows slowness; and a good reply, or second speech, without a good settled speech, showeth shallowness and weakness. As we see in beasts, that those that are weakest in the course, are yet nimblest in the turn: as it is betwixt the greyhound and the hare. To use too many circumstances, ere one come to the matter, is wearisome; to use none at all, is blunt. Â   (1625) * Spare the whip, boy, and hold tighter the reins (Ovid, Metamorphoses).

Neptunium Facts - Periodic Table of the Elements

Neptunium Facts - Periodic Table of the Elements Neptunium  Basic Facts    Atomic Number: 93 Symbol: Np Atomic Weight: 237.0482 Discovery: E.M. McMillan and P.H. Abelson 1940 (United States) Electron Configuration: [Rn] 5f4 6d1 7s2 Word Origin: Named after the planet Neptune. Isotopes: 20 isotopes of Neptunium are known. The most stable of these is neptunium-237, with a half-life of 2.14 million years Properties: Neptunium has a melting point of 913.2 K, boiling point of 4175 K, heat of fusion of 5.190 kJ/mol, sp. gr. 20.25 at 20 °C; valence 3, 4, 5, or 6. Neptunium is a silvery, ductile, radioactive metal. Three allotropes are known. At room temperature it exists primarily in an orthorhombic crystalline state. Uses: Neptunium-237 is used in neutron-detection equipment. Sources McMillan and Abelson produced neptunium-239 (half-life 2.3 days) by bombarding uranium with neutrons from a cyclotron at the U. of California at Berkeley. Neptunium is also found in very small quantities associated with uranium ores. Element Classification: Radioactive Rare Earth Element (Actinide Series) Density (g/cc): 20.25 Neptunium  Physical Data Melting Point (K): 913 Boiling Point (K): 4175 Appearance: silvery metal Atomic Radius (pm): 130 Atomic Volume (cc/mol): 21.1 Ionic Radius: 95 (4e) 110 (3e) Fusion Heat (kJ/mol): (9.6) Evaporation Heat (kJ/mol): 336 Pauling Negativity Number: 1.36 Oxidation States: 6, 5, 4, 3 Lattice Structure: Orthorhombic Lattice Constant (Ã…): 4.720 References: Los Alamos National Laboratory (2001), Crescent Chemical Company (2001), Langes Handbook of Chemistry (1952), CRC Handbook of Chemistry Physics (18th Ed.) Return to the Periodic Table Periodic Table of the Elements Chemistry Encyclopedia

The Crime of Computer Tampering Essay Example | Topics and Well Written Essays - 250 words

The Crime of Computer Tampering - Essay Example The first has to do with the fact that there was every evidence that the defendant used the computer program unauthorized. This part of the debate may not be as much argumentative as the second, which has to do with the intension with which the defendant shut the computer down even though that action of shutting the computer down destroyed important computer data. In the first instance, not much can be said in favor of the defendant because he was guilty of the count of not seeking permission. But as far as the law on computer tampering does not come clear on whether or not a person must break both parts of the law before the person could be charged, lawyers of the defendant could still have a lot to argue in court. They could for example ask for evidence that the defendant took his action intensionally and base on that to plead for him. With reference to the court not accepting the defense that the defendant was not guilty of altering the programs because he did not change them, very little could be said in the defendant’s favor because the law only determines the end result and not the means to the end. Actually, as far as the single action of shutting down the computer resulted in the destruction of some the functioning of the computer, there is no way such defense could be

Analyze and explain the development of healthy relationships Essay

Analyze and explain the development of healthy relationships - Essay Example In this mini-paper, the following ingredients necessary for the development of healthy relationships will be elaborated on: (a) Love; (b) Good Communication; (c) Patience; (d) Trust; and (e) Loyalty. Rohn (2010) asserts that love is the basic requirement for a healthy relationship. It is more than just a feeling. It is a commitment to people around us and who mean to us that we will respect them and treat them justly at all costs. A relationship cannot be a fulfilling one if we compromise upon respect and dignity. Respect and be respected; love and be loved; and, this will ensure a satisfying relationship. Good communication waters the plant of a healthy relationship. It requires particular skills to have one’s ideas conveyed to the other person and to listen to his ideas patiently. One should try to let the other person know explicitly what one wants without having him solve the puzzle. Keeping others thinking what the actual problem is will do no good. While communicating, one must be humble and compromising instead of trying to control the other person’s thoughts and should be able to give space to his ideas too. Patience is another vital ingredient for a healthy relationship. We must understand that there will be times when our relations will disappoint us and vice versa, and that no person in this world is perfect. We also disappoint others and should expect others to fail us. It is patience that maintains a relationship through turmoil. Showing patience to others’ disagreements shows that we value them and respect their opinion, and this is natural for people to stay relaxed with people who tolerantly listen to them and try to understand the problem patiently. This fosters healthy relationships. When we trust the other person, this means that we are giving him enough space so that he can pursue his own interests, can make relationships and can do everything he wants without getting ourselves insecure and jealous. When we tell

Nutritional Study Worksheet Essay Example for Free

Nutritional Study Worksheet Essay Select one of the following topics to research: Coffee or caffeine Eggs Low-fat diets Low-carb diets Other nutrition topic approved by your instructor Research your topic using 2 nutrition articles that discuss your topic, but provide opposing viewpoints. Use the Internet, the University Library, or the search links provided in the Week 2 Electronic Reserve Readings to locate the articles. Write 50- to 200-word responses to each of the following questions based your findings. Use your own words and provide examples to support your answers. 1. What topic did you choose? Discuss the position of each of the two articles you selected. I choose eggs for this assignment. Each artlice talks about different nutritional value of eggs. For example one article focuses on how eggs can affect a persons hunger and in return help them maintain a healthy calorie count which can help them to maintain a healthier weight. The second article focused on how eggs are with cholesterol. 2. What health claims are stated in the articles, such as drinking coffee every day will lower one’s risk for cancer? The first article I read talked about eggs helping you control a hunger. They  claimed that eggs are healthier alternative to control your hunger. They did a study on a group od obese indiviuals who ate eggs with toast and low car jelly, and the second group ate a bagel with cream cheese and nonfat yogurt. Study showed that the group eating eggs was statisfied longer, which in return had them eating less. The second article I read talked about how eggs don’t affect your cholesterol. They had two diferent groups of healthy adults. The first group ate eggs for breakfast and the second group ate oatmeal. The study showed that eggs didn’t affect there cholestreal, it didn’t rise or lower it. 3. Do any of the articles claims seem too good to be true? Does it seem that the authors are seeking personal gain in any way? Explain your answers. I don’t think the articles seem to good to be true, they compared to different groups to one another to see if there hypothesis was either supported or not. They didn’t seem one sided, or trying to get personal gain from the statemetns. They were done by different schools, they were tring to better understand eggs, and the health of individuals. 4. What are the respective sources of these articles (testimonials, peer-reviewed study)? Both my articles were study completed by different schools such as Yale, and Saint Louis University. I would trust these sources the articles where put togethere by Science Letter Editors, â€Å"NewsRX†. So they were studies completed by different Universitys, which is how we obtain a great deal on other medical information. 5. Is the information presented in each article new or has it been studied extensively over time, achieving the same results? Both articles did there study over time. The first study about eggs affecting your hunger, they randomly separated the obese indiviuals in the study into two different groups had them eat the different breakfast meals prepared for the study. The study for the eggs affecting cholesterol as well was done  over time, they separated the healthy adults into two groups. They did mention in the article though that they did see the indivuals eating oatmeal had lower cholesterol. 6. Now that you have gone through the details of each article, do you have any reservations about the information in either one? If so, explain why. Has the process of analyzing the two articles changed your opinion on the topic? Explain your answer. I never thought much about eggs filling you more then other foods. I do eat eggs for breakfast I just don’t eat too much because I tend to get tired of them quickly. However I have heard things about how they affect your cholesterol, since I am young I am not concerned about my cholesterol levels. However now reading an article about a study that has been conducted I am informed so I can compare the knowledge I gained from it to other articles I may read in the future. Diet nutrition; egg nutrition center-cofunded study indicates eggs for breakfast aid weight control. (2006). Science Letter, , 510. Retrieved from http://search.proquest.com/docview/209128523?accountid=458 Diet nutrition; study suggests that eggs may not contribute to heart disease in healthy adults. (2005). Science Letter, , 559. Retrieved from http://search.proquest.com/docview/209238077?accountid=458

William Shakespeares Globe Theatre Essay examples -- Biography Biogra

Shakespeare's Globe Theatre      Ã‚  Ã‚  Ã‚   The Globe Theater, an entertainment outlet for all people of that time, provided a place for Shakespeare's plays to be performed.   It was the third and most famous playhouse in London.   When it was built, it was one of the most important playhouses in London.   The Globe's architecture was intriguing for its time and its life was long and prosperous. The Globe was built by two brothers, Cuthbert and Richard Burbage.   They had inherited the Globe's predecessor, The Theatre, from their father, James Burbage (Williams 365).   Fearing their lease would run out, the brothers dismantled it and carried the materials to Bankside, where the Swan and Rose already stood (Britanica).   It was built using timber from the Theatre following a quarrel with Giles Allen, owner of the land (Miller-Schutz 21).   The Globe provided a third amphitheatre south of the Thames River in London.   It was the fourth or fifth playhouse in London (Westerhof). The architecture of the Globe was original for it's time.   It was built out of wood, hexagonal outside and circular inside.   The Globe was open to the weather except for the upper gallery which was covered with a thatched roof.   It was the first theatre in London to introduce protection from the weather.   There were doors left and right of entrances and exits.   The curtain recessed under the railed balcony (Williams 365).   Three galleries occupied the Globe, with a paved pit in the center (White 6). Peasants that sat on the bottom level were called "groundlings" because of the fact that they had to watch from the ground (Westerhof).   The stage was lifted from the ground with a low railing running round its edge (White 6). The Globe opened... ...th many intricate details C. Had levels for different social statuses III. Its life A. Enhanced the idea of playhouses being standard in the community B. Drew attention to Shakespeare's works C. Admission was cheap, but peasants could only watch on the ground level IV. Its plays and actors A. Plays drew thousands and brought messages to the people B. What the Globe lacked encouraged playwrights to overcome V. Shakespeare's influence A. Held a share of the Globe B. Wrote plays exclusively for the Globe C. His profits were made off his shares of the Globe, not from his scripts VI. The death of the Globe A. Burnt down due to a cannon shot during a play B. Rebuilt very quickly C. Closed down in 1642 by Puritans VII. After death A. New Globe is created Other theatres try to mimic its success   

Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME LAW History of Hacking According to (Clifford R.D. 2006) a cracker or cracking is to â€Å"gain unauthorized access to a computer in order to commit another crime such as destroying information contained in that system†. These subgroups may also be defined by the legal status of their activities. Eric S. Raymond (author of The New Hacker’s Dictionary) advocates that members of the computer underground should be called crackers. Yet, those people see themselves as hackers and even try to include the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they give more emphasis to a spectrum of different categories, such as white hat, grey hat, black hat and script kiddie. World Of Hacking Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator’s original purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a system. Gaining an unauthorized access to a computer system. Breaks into a system security. Refers to the hobby/profession of working with computers. It also about learning how a system works and how to make it do things it wasn’t designed to do, or you haven’t got the privileges to do. Hacker A hacker is someone who seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats – good Gray hats – good or bad Black hats – bad Script kiddie A script kiddie (also known as a skid or skiddie) is a non-expert who breaks  into computer systems by using pre-packaged automated tools written by others, usually with little understanding of the underlying concept—hence the term script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, child—an individual lacking knowledge and experience, immature). Blue hat A blue hat hacker is someone outside computer security consulting firms who is used to bug test a system prior to its launch, looking for exploits so they can be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics Levy (1984) suggests that there is a â€Å"code of ethics† for hacking which, though not pasted on the walls, is in the air: Access to Computers – and anything which might teach you something about the way the world works – should be unlimited and total. Always yield to the Hands-On Imperative! All information should be free. Mistrust Authority – Promote Decentralization. Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You can create art and beauty on a computer. Computers can change your life for the better. CYBER CRIME LAW Senator Angara is defined as any illegal and criminal act activity committed on the internet. State Policy Regarding Cyber Crimes The State Recognize.. 1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The need to protect and safeguard the integrity of computer, computer and communication systems, network, and databases and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and  illegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses 1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access – The intentional access to the whole or any part of a computer system without right. Element of Computer System There must be a device a group of interconnected or related devices. At least one of the devices performs automatic processing of data pursuant to a program. The device need NOT be connected in a network as long as it consists of both hardware and software and have input, output and storage facilities. Element of the offense of illegal Access 1.There must be an intentional access in whole or any part of a computer system. 2. The person who attempts, or is accessing, or had already access the data has no right to access to the system. â€Å"An Authorized person may not be authorized.† B. Illegal Interception Interception – refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception 1. It must be intentional. 2. It must be by technical means. 3. The person involved is without any right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non-public. 5. It must not fall in any exemption. C. Data Interference Intentional or reckless alteration of computer data without right. C.System Interference Intentional or reckless hindering without the right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of Devices The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: – device, including a  computer program, designed or adapted primarily for the purpose of committing any of then offenses under this act; Or -a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; CYBERSEX AND CHILD PORNOGRAPHY CYBERSEX -Any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. Child Pornography -refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. Child pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be guilty of cybersex as defined by the cybercrime law, all the following elements must be present: There must be an operation for sexual activity or arousal; The sexual activity or arousal is done with the aid of or through the use of a computer system; The activity is done for a favor or consideration. The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the Penalty for this Crime? Any person found guilty of the cybercrime of cybersex shall be punished with imprisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) But not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 Other Offenses: The following acts shall also constitute an offense: 1. Aiding or abetting in the Commission of Cybercrime– Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime– A prosecution who willfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other Laws A prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised Penal Code, as amended or special laws COMPUTER-RELATED OFFENSES: Computer-related forgery Computer-related Fraud Unsolicited Commercial Communications 1.) Computer-related Forgery -(a) the intentional input, alteration, or deletion of any computer data w/o right resulting in inauthentic data w/ the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless, whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if: (a)With purpose to defraud or injure anyone; OR (b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone; the actor: 1.) alters any writings of another without his authority; 2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery. First type of Offense â€Å"ACTIVE COMPUTER RELATED FORGERY† (a) There must be an intentional input, alteration, or deletion of any computer data without right; (b) The result is an inauthentic data; (c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense â€Å"PASSIVE COMPUTER RELATED FORGERY a) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related Fraud If A had a loan from his cooperative and the only evidence of such loan is the records stored in the cooperative’s computer system, A with intent to procure economic benefit, changed the source code of the system’s program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can easily deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications -The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce in the recipients to read the message. BLOG Blog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? – A new form of expression where in you express your thoughts and ideas about a specific topic . BLOGGERS : Tina Hamilton is a veteran journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO consultant in her attempt to gain an education in the industry John Charles Edward â€Å"Carlos† Pamintuan Celdran also known as CARLOS CELDRAN† He is truly proud of being a Filipino as his blog Celdrantours tries to change how the world sees Manila. Through his blogs. INTRODUCTION With the emergence and popularity of blogging as a new form of expression, the coverage of defamation laws has extended to cyberspace. The consequences is that, people who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects bloggers’ right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the person’s right to free speech and expression while respecting the person’s honor. This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or not a certain form of expression is within the scope guaranteed by the Constitution. Bases of the Guaranteed of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this Right Discovery of truth For self-government In the case of US vs. Bustos (37 Phil. 731), in which the defendants were charged with libel of a public officials for statements made Mr. Justice Malcolm, writing the opinion of the Court, said: â€Å"Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege.† `â€Å"A public official must NOT be too thin-skinned with reference to comment upon his official acts.† Scope of the Freedom of Expression Article III, Section 4 of the Phil. Constitution says: â€Å"No law shall be passed abridging the freedom speech, of expression, or the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.† Article III, Section 18(1) of the Phil. Constitution says: â€Å"No person shall be detained solely by reason of his political beliefs and aspirations.† Question: But how can we determine the scope of this expression? According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined only to those that are sympathetic or acceptable to the majority. To be really meaningful, it should permit the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or â€Å"induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.† Justice Holmes said that this right exists NOT so much for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire: Voltaire â€Å"I may NOT agree with what you say, but I will defend to the dead your right to say it†. Freedom from prior restraint or censorship Prior means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom from subsequent punishment The freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized. Limitations on the Guarantee Case: Tulfo wrote an article in his column in PDI ‘On Target’ on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and â€Å"sangkatutak na mga bobo justices of the Philippine Supreme Court†. There are 2 kinds of publications which can be punished for contempt: 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discredit Standards for allowable subsequent punishment TEST CRITERION 1.Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehend 2.Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent 3.Balancing of Interest Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed LIBEL A legal term for something written which is harmful to a persons reputation. – is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Libel is punished by our Revised Penal Code which states: Art. 353. Definition of Libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Art. 354. Requirement for Publicity. – Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1.A private communication made by any person to another in the performance of any legal, moral or social duty; and 2.A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. – A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of Defamation For a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged Communication To illustrate, let us recall the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho â€Å"Maniac†. Buwang itong doctor na ito. Baliw, Mr. President,† he further said. Qualified or Conditionally Privileged Communications Under this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express malice or malice in fact. Thus, in re:Tulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA Network vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous Statement The alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an interpretation to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of Publication Publications does not mean that the defamatory statement should be published in the newspaper of general circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a letter to Pedro which reads: â€Å"Pablo is a thief†, this is sufficient publication. ‘ Identification of the Party is Required in the 4thElement A blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states: â€Å"The wife of the pound for pound king†¦Ã¢â‚¬  Although the name is not expressly mentioned, the person can be easily identified, so the writer may be liable. General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, Exception: Except in the following cases: {This is the exemption to the general rule; here malice is NOT presumed} A Private communication made by any person to another in the performance of any legal, moral, or social duty; and A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Going back to our previous example, if Juan sent a letter to Pedro which reads: â€Å"Pablo is a Thief† , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be justified in making the communication so that Pedro won’t hire Pablo who applied for the cashier position. The same holds true if the message was sent through an e-mail and/or text messages. Relevance of Knowing the Presumption of Law If the case falls under the general rule, that is, malice is presumed, it is the writer or the accused who has the burden of proof. Hence, the complainant will NOT be obliged to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. The complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the Internet After reading the necessary materials pertaining to an individual’s right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scope  of Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case NOT because there is no e-libel in our country. Another argument is that, â€Å"at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, thus: Art.335.Libel means by writings or similar means. *A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).

Film Report on the Movie Signs Essay

I chose to do my film report on the movie signs. This movie featured Mel Gibson as Graham Hess, Joaquin Phoenix as Merrill Hess, Rory Culkin as Morgan Hess, and Abigail Breslin as Bo Hess. This movie takes place in Bucks County Pennsylvania which is about 45 miles from Philadelphia. It is about a Rev. whose wife passes away and he starts to deny his faith until he realizes that sometimes bad things aren’t as bad as this may seem at the current time. The movie starts off with weird things happening, crop circles being first. The crop circles are first noticed Graham Hess calls the local sheriff. They think that it is a prank by the Prichard brothers but they realize that it was too perfect and the stocks were bent over but not broken so it could not have been done by a machine. Then the dog starts barking ferociously at Bo and ends up dead because it falls on a grill fork that Morgan has in his hand. Bo is always asking for water because she says there are monsters keeps sitting glasses of water all over the house. They realize that something is wrong whenever Graham sees an alien looking creature on top of the barn then when they go out and runaround they cannot find anyone. The next day the news comes on and talks about crop circles popping up all over the world and Morgan says â€Å"extraterrestrials† pWhen they go to town and come home they start hearing voices on a baby monitor that Morgan found in the basement. Graham has a talk with his brother when his brother asks do you think this is the end of the world. He answers yes is that the answer you wanted. Graham says: People break down into two groups when they experience something lucky. Group number one sees it as more than luck, more than a coincidence; they see it as a sign, evidence that there is someone up there watching out for them. Group number two sees it as pure luck, happy, chance deep down they feel they are on their own and that fills them with fear†¦ Group number one deep down they feel that whatever is going to happen there will be someone there to help them and that fills them with hope. So what you have to ask yourself is what kind of person are you, the kind of see signs and sees miracles were just believe people get lucky†¦ Is it possible that there are no coincidences? (Gibson) Morgan got a book about Aliens when they went in town. The book depicts a house that looks exactly like his. The book says that the aliens are either coming to harvest resources or to invade and that one of two things will happen if it’s the latter, they will be defeated and return many years later or they will win. According to the book, crop circles are landmarks used for navigation. A cut scene depicts how Graham’s wife died and why he lost his faith. Ray Reddy, the man that fell asleep at the wheel and ultimately killed his wife apologizes and says why at that moment did that happen, why not before or after he passed her? He says he don’t remember the exact moment that it happened. Her last statement to her husband was; tell Merrill to swing away. At this point it makes no sense to anyone. Once they come to realize that an invasion is imminent, they start boarding the house up to keep the aliens out. This is after they decide to stay put and not go to the lake. They eventually head to the basement where they think they are safe until they realize that there is an old coal chute that accesses the basement from the outside. Before they can find where the old coal chute comes in at, an alien reaches from behind and grabs Morgan by the face causing him to have an asthma attack. His inhaler is upstairs where they cannot get to it. His dad keeps him calm and stable. After they think the coast is clear, Graham carries Morgan upstairs and lays him down so he can get his medicine. To their surprise when they come back into the room, Morgan is being carried by an alien. Graham says to Merrill, swing away, swing away. The statement by his wife finally makes sense to him. As Merrill grabs the baseball bat off the wall mount, the alien gives a puff of green gas into Morgan’s face out of something on its wrist. As Merrill smacks it with the bat it falls into a stand and a glass of water spills onto its shoulder and melts the skin off of it. They then realize this is why Bo has been sitting glasses of water all over the house. As Graham picks Morgan up, he says his lungs where closed, the poisonous gas did not enter his lungs. This is when he realizes that there was a reason that his son was born with asthma. The end of the movie shows him getting dressed as a Reverend, so I assume he was returning to Church as a Reverend. The characters in this film are Episcopalians. The father a Reverend and his brother and kids are devout followers. They cherish the value of family and being together. Graham questioned his faith and even quit practicing due to the death of his wife. It made him question if there is a god, why would he do this to him, a reverend. He got so angry at god that he denied him and blamed the death of his wife on him only to eventually realize that god has his reasons for doing the things that he does even if it is not popular with the people that it affects at the current time. Nothing is left to chance. He lost his wife in one sense, but god saved his son after praying, so this brought him back to his faith. The statement about there being two groups of people in the world has a lot of insight in the real world. If you believe in a higher power, then you will, or at least should always have hope. It is a great thing knowing that you always have someone there to talk to, even in the darkest hour, no matter what. I think another major point to the movie is that not everything is god’s fault and that he has reasons behind the things that he does. Sometimes people get lost from their faith, that is a normal occurrence, but hopefully you find your way back one way or another. I think that the movie gets its point of faith across pretty well in this movie, it shows both sides, losing your faith and reconnecting with it. It displays a reason why one might lose their faith.

Free Essays on Dolls House

Nora Helmer in A Doll’s House is a woman ahead of her time. In order to protect her children from a false life, she inflicts tragedy upon herself by leaving every thing she has by walking away. She puts herself in this tragic situation by not being honest. Nora lies to herself and the ones she cares about. Before she leaves her life is not her own person she is carrying on life as a role. Making others happy, instead of herself. A Doll’s House by Henrik Isben is about a young woman and her life. The main characters name is Nora Helmer. She is married to a bank manager named Trovald. In the early years of their marriage just after their first child, Trovald becomes ill. Doctors say that he will not live unless he goes abroad immediately. Nora takes it upon herself and borrows money from Krogstad. She was dishonest with Trovald and said her father gave it to her. She has dishonored Torvald by lying to him, and has put him in a situation in the future, which he would not like to be in. Nora Helmer begins the play by having this almost child-like attitude of herself. She can not do anything on her own, and is constantly relying on others to help her with her daily activities. Nora does not care for her own children, and she doesn’t even cook. She has a maid which has left her own children because she was unwed. It is ironic that this women has to care for someone else’s children, when she is not allowed by society to care for hers. In one part of the play Nora is caught eating macaroons. She is scolded by Torvald as if she was a child being told what to do. She simply has to hide her affection for macaroons, because Torvald disagrees with sweets in the house. Torvald is more like a father figure to Nora then a husband. Nora’s father ends up dying because of his illness. He had done everything for Nora, made all her decisions. So when Nora enters this household with Torvald, it only becomes natural for her to be taken care of. ... Free Essays on Dolls House Free Essays on Dolls House Nora Helmer in A Doll’s House is a woman ahead of her time. In order to protect her children from a false life, she inflicts tragedy upon herself by leaving every thing she has by walking away. She puts herself in this tragic situation by not being honest. Nora lies to herself and the ones she cares about. Before she leaves her life is not her own person she is carrying on life as a role. Making others happy, instead of herself. A Doll’s House by Henrik Isben is about a young woman and her life. The main characters name is Nora Helmer. She is married to a bank manager named Trovald. In the early years of their marriage just after their first child, Trovald becomes ill. Doctors say that he will not live unless he goes abroad immediately. Nora takes it upon herself and borrows money from Krogstad. She was dishonest with Trovald and said her father gave it to her. She has dishonored Torvald by lying to him, and has put him in a situation in the future, which he would not like to be in. Nora Helmer begins the play by having this almost child-like attitude of herself. She can not do anything on her own, and is constantly relying on others to help her with her daily activities. Nora does not care for her own children, and she doesn’t even cook. She has a maid which has left her own children because she was unwed. It is ironic that this women has to care for someone else’s children, when she is not allowed by society to care for hers. In one part of the play Nora is caught eating macaroons. She is scolded by Torvald as if she was a child being told what to do. She simply has to hide her affection for macaroons, because Torvald disagrees with sweets in the house. Torvald is more like a father figure to Nora then a husband. Nora’s father ends up dying because of his illness. He had done everything for Nora, made all her decisions. So when Nora enters this household with Torvald, it only becomes natural for her to be taken care of. ...

Empress Dowager Cixi - Chinese History

Empress Dowager Cixi - Chinese History Few people in history have been as thoroughly vilified as the Empress Dowager Cixi (sometimes spelled Tzu Hsi), one of the last empresses of Chinas Qing Dynasty. Depicted in writings by English contemporaries in the foreign service as cunning, treacherous and sex-crazed, Cixi was painted as a caricature of a woman, and a symbol of Europeans beliefs about the Orient in general. She is not the only female ruler to suffer this indignity. Scurrilous rumors abound about women from Cleopatra to Catherine the Great. Still, Cixi received some of the worst press in history. After a century of defamation, her life and reputation finally are being re-examined. Cixis Early Life The Empress Dowagers early life is shrouded in mystery. We do know that she was born November 29, 1835, to a noble Manchu family in China, but even her birth-name is not recorded. Her fathers name was Kuei Hsiang of the Yehenara clan; her mothers name is not known. A number of other stories - that the girl was a beggar who sang in the streets for money, that her father was addicted to opium and gambling, and that the child was sold to the emperor as a sex-slave - seem to be pure European embroidery. In truth, Qing imperial policy forbade the publication of personal details, so foreign observers simply made up stories to fill in the gaps. Cixi the Concubine In 1849, when the girl was fourteen, she was one of 60 nominees for the position of an imperial concubine. She was probably eager to be chosen, since she once said, I have had a very hard life ever since I was a young girl. I was not a bit happy when with my parents... My sisters had everything they wanted, while I was, to a great extent, ignored altogether. (Seagrave, 25) Fortunately, after a two-year preparation period, the then-Empress Dowager selected her as an imperial concubine from among the large pool of Manchu and Mongol girls. Qing emperors were forbidden from taking Han Chinese wives or concubines. She would serve Emperor Xianfeng as a fourth-rank concubine. Her name was recorded simply as Lady Yehenara after her fathers clan. A Birth and a Death Xianfeng had one empress (Niuhuru), two consorts, and eleven concubines. This was a small assortment, relative to earlier emperors; as the budget was tight. His favorite was a consort, who bore him a daughter, but while she was pregnant, he spent time with Cixi. Cixi also soon became pregnant  and gave birth to a boy on April 27, 1856. Little Zaichun was Xianfengs only son, so his birth greatly improved his mothers standing in court. During the Second Opium War (1856-1860), Western troops looted and burned the lovely Summer Palace. On top of existing health problems, this shock is said to have killed the 30-year-old Xianfeng. Co-Empresses Dowager On his death-bed, Xianfeng made contradictory statements about the succession, which was not guaranteed to Zaichun. He did not formally name an heir before he died on August 22, 1861. Still, Cixi made sure that her 5-year-old son became the Tongzhi Emperor. A regency council of four ministers and four nobles assisted the child emperor, while the Empress Niuhuru and Cixi were named co-Empresses Dowager. The Empresses each controlled a royal seal, meant to be a mere formality, but which could be used as a form of veto. When the ladies opposed a decree they refused to stamp it, converting the protocol into real power. The Xinyou Palace Coup One of the ministers on the regency council, Su Shun, was intent on becoming the sole power behind the throne or perhaps even wresting the crown away from the child emperor. Though Emperor Xianfeng had named both Empresses Dowager as regents, Su Shun tried to cut out Cixi and take her imperial seal. Cixi publicly denounced Su Shun and allied herself with Empress Niuhuru and three imperial princes against him. Su Shun, who controlled the treasury, cut off food and other household items for the Empresses, but they would not give in. When the royal household returned to Beijing for the funeral, Su Shun was arrested and charged with subversion. Despite his high post, he was beheaded in the public vegetable market. Two princely co-conspirators were allowed to die by suicide. Two Young Emperors The new regents faced a difficult period in Chinas history. The country struggled to pay indemnities for the Second Opium War, and the Taiping Rebellion (1850-1864) was in full swing in the south. Breaking with Manchu tradition, the Empresses Dowager appointed competent Han Chinese generals and officials to high office in order to deal with these problems. In 1872, the 17-year-old Tongzhi Emperor married Lady Alute. The following year he was made emperor regnant, although some historians charge that he was functionally illiterate and often neglecting matters of state. On January 13, 1875, he died of smallpox at just 18. The Tongzhi Emperor did not leave an heir, so the Empresses Dowager had to select an appropriate replacement. By Manchu custom, the new emperor should have been from the next generation after Tongzhi, but no such boy existed. They settled instead on Cixis sisters 4-year-old son, Zaitian, who became the Guangxu Emperor. At this time, Cixi was often bed-ridden with a liver ailment. In April of 1881, Empress Dowager Niuhuru suddenly died at the age of 44, possibly of a stroke. Naturally, rumors quickly spread through the foreign legations that Cixi had poisoned her, although Cixi was herself probably too ill to have had any part in a plot. She would not recover her own health until 1883. Guangxu Emperors Reign In 1887, the timid Emperor Guaungxu came of age at 16, but the court postponed his accession ceremony. Two years later, he married Cixis niece Jingfen (although he reportedly did not find her long face very attractive). At that time, a fire broke out in the Forbidden City, which caused some observers to worry that the Emperor and Cixi had lost the Mandate of Heaven. When he took power in his own name at 19, Guangxu wanted to modernize the army and bureaucracy, but Cixi was wary of his reforms. She moved to the new Summer Palace to be out of his way, nonetheless. In 1898, Guangxus reformers in court were tricked into agreeing to cede sovereignty to Ito Hirobumi, Japans former Prime Minister. Just as the Emperor was about to formalize the move, troops controlled by Cixi stopped the ceremony. Guangxu was disgraced and retired to an island in the Forbidden City. The Boxer Rebellion In 1900, Chinese discontent with foreign demands and aggression erupted into the anti-foreign Boxer Rebellion, also called the Righteous Harmony Society Movement. Initially, the Boxers included the Manchu Qing rulers among the foreigners they opposed, but in June 1900, Cixi threw her support behind them, and they became allies. The Boxers executed Christian missionaries and converts all over the country, tore down churches, and laid siege to the foreign trade legations in Peking for 55 days. Inside the Legation Quarter, men, women and children from the UK, Germany, Italy, Austria, France, Russia and Japan were huddled, along with Chinese Christian refugees. In the fall of 1900, the Eight-Nation Alliance (the European powers plus the US and Japan) sent an expeditionary force of 20,000 to raise the siege on the Legations. The force went up-river and captured Beijing. The final death toll from the rebellion is estimated at almost 19,000 civilians, 2,500 foreign troops and about 20,000 Boxers and Qing troops. Flight from Peking With the foreign forces approaching Peking, on August 15, 1900, Cixi dressed in peasant garb and fled from the Forbidden City in an ox cart, along with Emperor Guangxu and their retainers. The Imperial Party made its way far to the west, to the ancient capital of Xian (formerly Changan). The Empress Dowager called their flight a tour of inspection, and in fact, she did become more aware of the conditions for ordinary Chinese people during their travels. After some time, the Allied Powers sent a conciliatory message to Cixi in Xian, offering to make peace. The Allies would allow Cixi to continue her rule, and would not demand any land from the Qing. Cixi agreed to their terms, and she and the Emperor returned to Peking in January of 1902. The End of Cixis Life After her return to the Forbidden City, Cixi set out to learn all she could from the foreigners. She invited Legation wives to tea  and instituted reforms modeled on those in Meiji Japan. She also distributed prize Pekingese dogs (previously kept only in the Forbidden City) to her European and American guests. On November 14, 1908, the Guangxu Emperor died of acute arsenic poisoning. Although she was quite ill herself, Cixi installed the late Emperors nephew, the 2-year-old Puyi, as the new Xuantong Emperor. Cixi died the following day. The Empress Dowager in History For decades, the Empress Dowager Cixi was described as a devious and depraved tyrant, based largely on the writings of people who did not even know her, including J.O.P. Bland and Edmund Backhouse. However, contemporary accounts by Der Ling and Katherine Carl, as well as later scholarship by Hugh Trevor-Roper and Sterling Seagrave, paint a very different picture. Rather than a power-mad harridan with a harem of faux eunuchs, or a woman who poisoned most of her own family, Cixi comes across as an intelligent survivor who learned to navigate Qing politics  and rode the wave of very troubled times for 50 years. Sources: Seagrave, Sterling. Dragon Lady: The Life and Legend of the Last Empress of China, New York: Knopf, 1992. Trevor-Roper, Hugh. Hermit of Peking: The Hidden Life of Sir Edmund Backhouse, New York: Knopf, 1977. Warner, Marina. The Dragon Empress: The Life and Times of Tzu-Hsi, Empress Dowager of China 1835-1908, New York: Macmillan, 1972.

Privacy and Misuse of Private Information Essay - 1

Privacy and Misuse of Private Information - Essay Example Thus, basing to the case of Campbell v mirror group newspapers, Melinda has the bases for suing splat! Magazine due to the publication of her photos to the public without her consent, my advice would be in relation to the convention of human rights of Europe. According to the convention, there should be a ruling in favour of Melinda considering the tort in the English tort action relating to breaching of confidence as seen in this case. I would advise her to sue the company considering the provisions in the ECHR which upholds the rights that individuals have in relation to their family and private lives. Thus, the court should make a ruling in favour of Melinda because there is breach of privacy by the publication of the photos to the public as seen in the case of Douglas v. Hello, where Hello Company did publish wedding photos of Douglas without his consent leading to breach of human rights (Franklin, 2010). Relating to Baking! Magazine, the magazine had the right to publish Melinda ’s photos. Thus by the publication of the photos by splat! Magazine, there was misuse of private information. ... I would advise Baking! Magazine to take legal action against Splat! Magazine because in case, the claimant has an expectation which is reasonable to privacy regarding the information under disclosure, Melinda expects the Baking! Magazine to publish the photos that are showing her better self but Splat! Magazine goes ahead and publishes the photos that show the unpleasant side of Melinda; thus the initial magazine considers the person’s right to privy more than the second magazine’s freedom of expression. Further, the court may rule that, Splat! Magazine is not liable because the photographs were under publication of peripherals that require publication showing the bright side of Melinda. Thus, the magazine did the publication with appreciation to the well being of Melinda’s image. Hence, I would advise the initial magazine to go ahead and sue for aforementioned confidence breach, which is under the clause of human rights rules and regulations relating to privacy. This is as seen in the case of the Prince of Wales v. Associated newspaper, where the newspaper took the diary of the prince and made a publication which was embarrassing to the Prince. In the case, it is clear that there is breach in the right of privacy of the Prince (Daniel, 2008). Under the law, for the case to be valid, there should be impacting of information in circumstances that impose the obligation of confidence. Where Melinda can sue for giving out of private information by Splat! Magazine. The information which the magazine gives out includes photos that Melinda does not know of their existence, this arises to infringement of privacy where the magazine was stalking Melinda even in the supermarket so as to get her photos. They also take Melinda’s photographs that are demeaning in that

Ifnormation security and assurance Essay Example | Topics and Well Written Essays - 1750 words

Ifnormation security and assurance - Essay Example The up to date tools and technologies provided by the information technology helped businesses to computerize and organize their business operations and consequently improve their business performance. Despite the fact that, the ideas of remote working, storage, processing and communication are not new, because in every decade we have seen a lot of developments and efforts carried out in these areas. However, at the moment we in reality see these ideas as a genuine implementation, in the form of cloud computing. Actually, the cloud services are offered by a third party. So the secret data and information of an organization are stored on the servers of that third party. In this scenario, organizations believe that there emerge a number of security issues for business organizations due to cloud computing environment. This paper discusses some of the important security issues in cloud computing. Index Terms—Cloud Computing, IaaS, SaaS, Cloud I. Introduction This paper presents a detailed analysis of cloud computing related security issues. In the past few years, the cloud computing has emerged an attractive platform which provides on-demand, reliable and expandable (as these services can be reduced or expanded depending on the organization’s needs) computing power to organizations. ... With the adoption of cloud computing the business organizations are able to get a large number of advantages such as utility computing, Virtualization, scalability, the ability to outsource data and processes, pay-per-use services and access to almost infinite computing resources (Aleem & Sprott, 2013; Dahbur et al., 2011; Hudic et al., 2013). In addition, this wide variety of affordable and consistent services have caught the attention of a large number of business organizations, which have decided to shift their business data, application or major operations of it into the cloud. In fact, the recent studies and researches conducted to determine the impact of cloud computing on business organizations show a beyond belief expansion; on behalf of more than 16% of the world software sales with a market of more than $46 billion. In fact, for the majority of business organizations cloud computing is believed to be an affordable, helpful and an appropriate choice for the reason that the a doption of cloud computing allows them to diminish the total expenditure of technology ownership. Without a doubt, cloud computing model provides a wide variety of tools and techniques to improve business productivity, however, there are certain security issues connected with the use of cloud computing. In order to take benefit of cloud computing a business organization must effectively deal with these issues (Aleem & Sprott, 2013; Dahbur et al., 2011; Hudic et al., 2013). II. Security Issues Cloud computing is an attractive information technology (IT) trend which ensures the implementation of the utility computing model broadly using Virtualization technologies. Keeping in mind the numerous advantages of cloud computing, an increasing number of business