Tech Blog

New York Orders Large Web Retailers To Charge Tax
Amazon Refuses, Says Now Is ‘Wrong Time To Increase Taxes On New Yorkers’

Reporting Tony Aiello

NEW YORK (CBS) ― New York Internet shoppers, take note: in five weeks, sales tax-free shopping will end on many Web sites thanks to rewritten state rules that are trying to force Internet retailers to collect.

At Chrono Tech Watches in White Plains, Jerry Nally is glad the clock is ticking on many Internet retailers that don’t charge New York sales tax. Nally says those so-called “e-tailers” steal his customers.

“They’ll come in our store, look at our product, touch it, play with it, look at the warranties, then go back to the web and buy it tax free,” says Nally.

For years, retailers with “brick and mortar” stores in New York, such as Wal-Mart, have charged sales tax on orders placed through their Web sites. Yet Amazon.com and other e-tailers with no physical stores have not charged the tax, much to the delight of Internet bargain hunters, like online shopper April Cantin.

“Coming here, you have to pay a lot of tax, when you pay on line, you pay nothing, just shipping and handling and the item,” she says.

In the midst of a budget crisis, New York is now telling Amazon and certain other large Internet-only vendors they must collect state and local sales tax — if they allow sales via “click-throughs” from New York-based Web sites. The new rule is set to go into effect on June 1.

The state estimates this new Internet tax will bring in $50 million this year and $75 million next year.

The New York Retail Federation hopes the new rule is the first step toward collecting sales taxes on all Internet commerce.

But the new rulings aren’t sitting well with the Internet giants. Amazon, the largest Internet retailer, is objecting to the decision, saying “this is the wrong time to increase taxes on New Yorkers.”

“You will drive people away. People are not going to want to shop on line anymore,” says Cantin.

Nally is hoping online businesses will comply, however, telling CBS 2 “it’s about time!”

“I have to pay tax, and Amazon should pay tax, it’s as simple as that,” he says. “There’s no reason for a difference.”

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http://apnews.myway.com/article/20080221/D8UUN0100.html

Google to Store Patients’ Health Records
Feb 21, 7:32 AM (ET)

By MICHAEL LIEDTKE

SAN FRANCISCO (AP) - Google Inc. (GOOG) (GOOG) will begin storing the medical records of a few thousand people as it tests a long-awaited health service that’s likely to raise more concerns about the volume of sensitive information entrusted to the Internet search leader.

The pilot project to be announced Thursday will involve 1,500 to 10,000 patients at the Cleveland Clinic who volunteered to an electronic transfer of their personal health records so they can be retrieved through Google’s new service, which won’t be open to the general public.

Each health profile, including information about prescriptions, allergies and medical histories, will be protected by a password that’s also required to use other Google services such as e-mail and personalized search tools.

Google views its expansion into health records management as a logical extension because its search engine already processes millions of requests from people trying to find about more information about an injury, illness or recommended treatment.

But the health venture also will provide more fodder for privacy watchdogs who believe Google already knows too much about the interests and habits of its users as its computers log their search requests and store their e-mail discussions.

Prodded by the criticism, Google last year introduced a new system that purges people’s search records after 18 months. In a show of its privacy commitment, Google also successfully rebuffed the U.S. Justice Department’s demand to examine millions of its users’ search requests in a court battle two years ago.

The Mountain View-based company hasn’t specified a timetable for unveiling the health service, which has been the source of much speculation for the past two years. Marissa Mayer, the Google executive overseeing the health project, has previously said the service would debut in 2008.

Contacted Wednesday, a Google spokesman declined to elaborate on its plans. The Associated Press learned about the pilot project from the Cleveland Clinic, a not-for-profit medical center founded 87 years ago.

The clinic already keeps the personal health records of more than 120,000 patients on its own online service called MyChart. Patients who transfer the information to Google would still be able to get the data quickly even if they were no longer being treated by the Cleveland Clinic.

“We believe patients should be able to easily access and manage their own health information,” Mayer said in a statement supplied by the Cleveland Clinic.

The Cleveland Clinic decided to work with Google “to create a more efficient and effective national health care system,” said C. Martin Harris, the medical center’s chief information officer.

Google isn’t the first high-tech heavyweight to set up an online filing cabinet in an effort make it easier for people to get their medical records after they change doctors or health insurance plans.

Rival Microsoft Corp. (MSFT) last year introduced a similar service called HealthVault, and AOL co-founder Steve Case is backing Revolution Health, which also offers online tools for managing personal health histories.

The third-party services are troublesome because they aren’t covered by the Health Insurance Portability and Accountability Act, or HIPPA, said Pam Dixon, executive director of the World Privacy Forum, which just issued a cautionary report on the topic.

Passed in 1996, HIPPA established strict standards that classify medical information as a privileged communication between a doctor and patient. Among other things, the law requires a doctor to notify a patient when subpoenaed for a medical record.

That means a patient who agrees to transfer medical records to an external health service run by Google or Microsoft could be unwittingly making it easier for the government or some other legal adversary to obtain the information, Dixon said.

If the medical records aren’t protected by HIPPA, the information conceivably also could be used for marketing purposes.

Google, which runs the Internet’s most lucrative ad network, typically bases its marketing messages on search requests and the content on Web pages and e-mail contained in its computers.

It’s not clear how Google intends to make money from its health service. The company sometimes introduces new products without ads just to give people more reason to visit its Web site, betting the increased traffic will boost its profits in the long run.

This can NOT be good folks. I’m sorry, Google is doing street view mapping, now into cell phone technology, and now they want to store your medical records for “cross referencing” - ya, I’ve got a problem with that!

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Wi-Fi linked to childhood autism
Author: john-paul kamath
Posted: 15:52 19 Nov 2007

A study published this week in the Australasian Journal of Clinical Environmental Medicine warns that wireless communication technology may be responsible for accelerating the rise in autism among children.

Autism is a disabling neuro-developmental disorder. Its cause is not completely understood, but it is linked to heavy-metal toxicity.

Dr George Carlo, an expert on the dangers of electromagnetic radiation (EMR), who headed the world’s largest research program on mobile phone health hazards in the 1990s, revealed the autism-wireless technology connection following a series of tests on autistic children monitored during 2005 and 2006.

Dr Carlo said, “These findings tie in with other studies showing adverse cell-membrane responses and disruptions of normal cell physiology. The electromagnetic radiation apparently causes the metals to be trapped in cells, slowing clearance and accelerating the onset of symptoms.”

The authors says that the rise in cases of autism is paralleled by the huge growth in mobile phone and Wi-Fi usage since the late 1990s with worldwide wireless usage now having reached nearly 4 billion people.

But Dr Kenneth Foster, of the engineering department at Penn University, had conducted a survey of more than 300 different measurements at more than 50 sites in four countries (US, France, Germany, Sweden) of Wi-Fi signals in different environments and found them to be safe.

“In all cases the signal levels were very far below international safety limits. Health agencies such as the World Health Organisation have repeatedly examined the scientific evidence and concluded that there is no convincing evidence for hazard from radiofrequency energy at levels below these international guidelines,” said Foster.

Source: http://www.computerweekly.com/Articles/2007/11/19/228184/wi-fi-linked-to-childhood-autism.htm

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Today, the New York Sun reports that NY Governor Elliot Spitzer is abandoning his plans for an “Internet Tax” - at least this year. While we applaud the Governor for not committing political chaos and confusion, especially in the wake of his failed “drivers license for illegal aliens” plan, this issue is far too important, nationwide, to let it slip through the cracks.

This would be a VERY bad precedent to set. If he succeeded, it would have made Amazon liable for the revenue collected from the affiliates - not the affiliate themselves.

Some Amazon affiliates have been known to make several thousand dollars a month for some links to Amazon.com positioned strategically. IMHO, the revenue that the affiliate makes should be taxed, IF ANYTHING. Taxing Amazon.com would - or rather COULD - tell Amazon that they won’t accept any affiliates from New York - limiting the income of NY’ers

When this comes up again, and it WILL come up again, anyone that makes any profit from their sites and affiliate programs needs to voice out on this issue - whether in NY or anyplace else in the US. Once NY tries it, others are sure to follow.

Courts: Governments can’t sue for libel

By Rhiannon Meyers
The Daily News

Published November 6, 2007
GALVESTON — An appeals court ruled in 2002 that school districts can’t sue for defamation, so Galveston school district may face some hurdles if it moves forward with its lawsuit.

In a case that Galveston school district’s attorney argued is different, Port Arthur’s public school district in 2001 tried to sue a blogger for defamation. The Texas Ninth Court of Appeals tossed out the lawsuit based on black-letter law: New York Times v. Sullivan clearly prohibits such lawsuits.

“The question presented is whether a governmental unit may sue for defamation,” the opinion states. “The answer is no.”

Galveston public school district’s attorney David Feldman said the district would not be the plaintiff if a suit were filed — the firm would file a suit on behalf of administrators in their official capacities and individual board members. The suit, however, would be funded from the district’s budget.

Galveston public school district’s law firm last week sent gisdwatch.com administrator Sandra Tetley a letter demanding she remove what it termed libelous statements posted by her or anonymous users on her Web site www.gisdwatch.com and refrain from allowing such postings in the future.

If she refuses, the district plans to sue her, the demand letter stated. The so-called libelous postings accuse Superintendent Lynne Cleveland, trustees and administrators of lying, manipulation, falsifying budget numbers, using their positions for “personal gain,” violating the Open Meetings Act and spying on employees, among other things.

Feldman said Galveston’s potential lawsuit and Port Arthur’s suit are completely different – Galveston’s cases involves what its attorneys claim is defamation of individual officials rather than the district as a whole, he said.

“These (cases) are night and day,” he said.

Port Arthur Sues A Blogger

Philip Klein of Nederland runs a Web site called SouthEast Texas Political Review, a commentary on local issues.

In April 2000, Klein wrote a story reporting mayhem at a Port Arthur public high school prom. Klein wrote that there was a “huge gang fight” at Thomas Jefferson High School’s prom, labeling it: “TJ’s Prom From hell.”

The distinct sued Klein for defamation.

The appellate court tossed out the district’s appeal because its lawsuit was filed by a “unit of the state” and not a public official, the 2002 opinion states.

Prosecutions for libel on government have no place in the American system of jurisprudence, the Supreme Court ruled in Times v. Sullivan, which set the standard for defamation.

“If the government is permitted to use public resources to bring defamation claims against its critics, criticism of government will be silenced through, at the very least, fear of monetary loss,” stated the opinion authored by Justice David B. Gaultney.

A government or public official, however, could file individual lawsuits, if the defamatory attack is specifically targeted at them, the opinion states.

That’s why Feldman said the district has a sound legal basis to sue Tetley, he said.

Depending on what Tetley removes, the lawsuit will be filed in the name of individual officials, Feldman said.

Reputation

Port Arthur public school district argued that the alleged defamatory statements injured the district’s reputation, which was important in an era of competition for students between public and private schools.

“The importance of maintaining a government’s good reputation does not justify permitting the government to attack its critics by defamation suits,” the opinion states.

Cleveland has said trustees decided to take legal action after several board members asked what could be done about material on the site that was deterring potential employees and families from moving into the school district.

“It affects the image of the district; it affects teacher recruitment,” she said.

The statements, Feldman argued, accuse administrators and trustees of crimes — that kind of disruptive speech hinders the district from running effectively and efficiently, he said.

“They have a deep and abiding obligation to taxpayers to function in an effective and efficient way,” he said.

“If you got people out there accusing or stating that your public officials are committing crimes, it disrupts the effective, efficient operation of government.”

Tetley has not removed any postings. She said she’ll consult with her attorneys before deciding what, if anything, to delete.

http://news.galvestondailynews.com/story.lasso?ewcd=ca5de54a31ed2eb0

Google “hugely dangerous” and coming after local press next

6 November 2007

By Martin Stabe

Google is “hugely dangerous” and is one of the major preoccupations of News Corp, according to the editor-in-chief of Times Online.

Anne Spackman, speaking as part of a panel about the future of newspapers at the Society of Editors conference, said “the number one topic of conversation at News Corp is Google.”

“Its move into DNA is a massive threat and I wonder whether we will all start feeling that they are behaving a bit too much like big brother,” she said.

Talking afterwards to Press Gazette Spackman said: “Google now affects everything we do online. Because it drives such an enormous proportion of search traffic, newspapers are paying careful attention to optimising their sites for Google.

“This means that sites’ traffic is highly susceptible to minor changes to the way Google’s search algorithm works.”

She noted that when Google tweaked its search algorithm last month, WashingtonPost.com was one of several major sites whose pager rank temporarily dropped.

Google also controls a large amount of advertising online, particularly since its acquisition this year of online advertising firm DoubleClick.

Spackman said she expects local newspapers would be the next to face the effects of the search giant as its Google Maps service transforms the market for local listings and advertising.

• Also responding to the question about how newspapers should deal with online aggregators, Mail on Sunday editor Peter Wright said: “To get traffic on a web site you have to publish free and encourage as many people as possible to read it. We encourage people like Drudge to aggregate our content because it means more people are see it and come back to browse the site. Whether that is the correct answer I can’t tell you, but it’s what we’re doing a the moment.”

http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=39360&c=1

NEW YORK (Reuters) - Web search leader Google Inc is expected to announce advanced software and services enabling handset makers to bring Google-powered phones to market by mid-2008, the Wall Street Journal reported Tuesday, citing people familiar with the matter.

The announcement is expected to come within the next two weeks, the newspaper reported.

No one at Google could immediately be reached for comment.

Google has moved rapidly over the past year to extend its reach beyond text-based, pay-per-click Web search advertising into a variety of new markets, including online video, television, radio and print advertising.

Google has also expanded into enterprise software, which has traditionally been Microsoft Corp’s domain.

According the Wall Street Journal, the Google-powered phones are expected to meld several of its applications, including Google Maps, YouTube and Gmail.

The ground-breaking part of the plan, according to the newspaper, is Google’s aim to make the phone’s software “open”, right down to the operating system which controls applications and interacts with hardware.

This will grant independent software developers access to the tools they need to build additional phone features, the Wall Street Journal said.

(Reporting by Justin Grant)

Link

Internet Tax Moratorium Goes to Bush
Oct 30 12:32 PM US/Eastern
By JOHN DUNBAR
Associated Press Writer

WASHINGTON (AP) - A bill to extend a moratorium on Internet access taxes for seven years was approved 402-0 by the House Tuesday, less than two days before it was set to expire.

The House initially approved a four-year ban, but last week the Senate passed a seven-year prohibition, despite considerable support for a permanent ban.

“Seven years is better than nothing, and that’s what we’re doing today,” said Rep. Fred Upton, R-Mich, during remarks on the House floor.

A House bill that would make the moratorium permanent has 238 House co-sponsors, more than a majority.

The tax ban, first approved in 1998 and twice renewed, is set to expire Nov. 1.

Support for a permanent ban was strong in both the House and Senate, but concerns over the potential long-term impact on state and local governments forced a compromise.

The provision amounts to a moratorium on state and local taxes, said David Quam, director of federal relations with the National Governors Association. And with the Internet changing rapidly, the issue should be revisited periodically, he said.

“The implications could be pretty severe down the road if they got that wrong,” he said. “It’s actually a decent compromise that state and local governments and industry helped craft.”

Rep. Linda Sanchez, D-Calif. called the bill “bipartisan legislation at its best” and noted it was supported by businesses, state and local government organizations and labor unions.

In addition to lengthening the ban from four years to seven years, the legislation also contains a provision aimed at preventing state and local governments from assessing taxes beyond those levied on simple Internet access.

At the urging of Sen. Ron Wyden, D-Ore., the legislation specifically prohibits taxation on e-mail and instant messaging services “that are provided independently or not packaged with Internet access.”

The extension also exempts some states that approved taxes prior to the original enactment.

Sen. John Sununu, R-N.H., supported a permanent ban, but helped craft the seven-year compromise. “Seven years is better than we’ve ever done before,” he told The Associated Press. “I think that’s an important place to start.”

The bill now goes to the White House for President Bush’s signature.