All posts by Hana Zumout

Emergency MedicineExpert Witness

Emergency Medicine: Medical Malpractice Lawsuits During COVID-19

According to the U.S. National Library of Medicine, “Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Medical malpractice is a component of tort law, which addresses professional negligence and offers reparations for civil offense. Some common examples of medical malpractice include misdiagnosis / delayed diagnosis, prescription drug errors, surgical / procedural errors, and failure to treat. However, until the recent COVID-19 outbreak, medical malpractice suits related to a pandemic have rarely been discussed. In this blog post, Experts.com aims to shed light on the topic with insight from Emergency Medicine Members, Sajid R. Khan, MD, and Vipul Kella, MD, MBA FACEP.

The COVID-19 pandemic brought about a plethora of problems for citizens, businesses, and industries all over the globe. According to Dr. Kella, “The pandemic placed enormous strain on our health systems: hospitals were operating at maximum capacity, supply shortages were well-publicized, and healthcare providers were scarce and overworked.” To add, during the pandemic, medical professionals had to simultaneously learn about the nature of the virus, its symptoms, and how it affected people of all ages. Despite the circumstances, essential workers in the medical field have abided by their ethical duty to commit no harm and to save their patients to the best of their ability. With the mystery of an unprecedented illness, and the learning curve associated with it, should the medical community be held to the same medical malpractice standard for COVID-19 as for other illnesses?

To his knowledge, Dr. Khan is unaware of any COVID-related malpractice lawsuits. However, to make a medical malpractice claim in most states, deviation from the standard of care must be demonstrated. Dr. Khan confirmed that the standard of care has frequently changed throughout COVID-19 due to the oddity of the situation. “Therapeutic recommendations change from month to month, making establishment of medical malpractice that more challenging,” he added. During the pandemic’s inception, healthcare professionals had to care for patients and prioritize their own physical well-being. Especially in populated areas like New York City, the medical community faced a scarcity of supplies. Dr. Khan, and many other Emergency Medicine professionals, have participated in a multitude of discussions about how to best select the patients who had the strongest chance of surviving. This of course is not the preferred method of treatment, but desperate times call for desperate measures. He stated, “It would be irresponsible to hold providers responsible for failing to provide optimal care to patients with such an illness.” Through the news and social media, the whole world has seen the medical community in action to help minimize the spread of COVID-19. Has the United States government taken any action to minimize the legal ramifications towards the healthcare industry? What measures can healthcare providers take to reduce the risk of medical malpractice involvement?

According to Dr. Kella, there have been a few acts passed by the federal government to alleviate the stress of the medical community. He mentions the Public Read and Emergency Preparedness (PREP) Act and the Coronavirus Aid Relief and Economic Security (CARES) Act. The PREP Act, amended by the US Department of Health and Human Services, provides legal protections to medical providers, whereas the CARES Act protects healthcare providers offering volunteer services during the pandemic against liability. “These regulations were good news for physicians as they allowed more leeway for trying to deliver care during difficult circumstances that were often out of their direct control,” Dr. Kella mentioned. Although there is protective legislation, this does not mean the medical community should not maximize efforts to minimize medical malpractice lawsuits. COVID-19 is known to advance a patients’ pre-existing or chronic disease. For instance, the standard of care has altered throughout the pandemic and, as such, Dr. Kella has suggested healthcare providers to meticulously check the documentation and routines of their patients to avoid negligence.

As the United States produces and administers vaccinations, the medical community’s knowledge of COVID-19 expands. Medical malpractice may not have played a large role throughout the beginning of the pandemic. As the days pass and perhaps more litigation arises, holding COVID-19 medical professionals to a strict standard of care, unless it is an egregious departure, could have a chilling effect on the medical community. As was apparent in the middle of the outbreak, the last outcome our country needs is fewer doctors and nurses.

ElectronicsExpert WitnessLitigation

Apple v. Epic Games Trial: What You Need To Know

Introduction

Technology giants like Amazon, Facebook, and Google face legal battles yearly. Recently, another behemoth has followed suit (pun intended). On August 13th, 2020, Apple found itself involved in an antitrust lawsuit against Fortnite video game creator, Epic Games. The trial began on May 3rd, 2021 and is ongoing, so this blog post will not have all the answers. As it unfolds, this post will delve into the perspectives of both businesses, describe the nature of the trial, introduce opening statements from the first day of the trial, and explain possible outcomes for both Epic Games and Apple.

Epic Games

Epic Games has filed an antitrust lawsuit against Apple Inc. in response to the removal of its most popular game, Fortnite, from the iPhone App Store. This prohibited 116 million of its 350 million users from updating the game and new consumers from downloading the app (this does not affect the remaining players using other smartphones or gaming consoles). Fortnite’s eradication from iOS App Stores has caused players from around the world to unite in a social media campaign called #FreeFortnite. Epic Games accused the tech giant of monopolizing purchasing options for apps by restricting other methods of conducting transactions. Due to Apple’s renowned international success, Epic Games has filed lawsuits against Apple in Australian, United Kingdom, and European courts. Epic Games not only wants Fortnite back on the iOS App Store, but it also wants to launch a rival App Store on all Apple devices so users can purchase Epic Games products through non-Apple means.

Apple

The catalyst for Fortnite’s removal from Apple’s App Store was the release of a new update by Epic Games which included the implementation of an in-game purchasing currency called “V-Bucks.” This currency allows players to buy items through non-App Store channels. Users who purchase Fortnite items such as outfits, pickaxes, and the latest season’s Battle Pass get to enjoy a 20% discount, which incentivizes players to continue using V-Bucks. Since these purchases are not made through the App Store, V-Bucks circumvents Apple’s chances of receiving its 30% share of any transaction, hence its removal from the App Store and the foundation of #FreeFortnite. In response to Epic Games’ claim of Apple becoming a monopoly, Apple explains the fairness in its decision to remove the game from its App Store. According to Apple, Epic Games violated its agreement by installing V-Bucks without Apple’s permission. If Apple wins the trial, this contract violation could keep Fortnite and all other apps made by Epic Games, or apps run by its game engine, Unreal Engine, from the App Store (The Verge).

The Trial

The trial began on Monday, May 3rd, 2021 in federal court in Oakland, California. This proceeding is a bench trial; thus, the judge will be making the final ruling with no jury. The trial will be held in person and the press and public are prohibited from entering the courtroom. The presiding judge for the United States trial is Judge Yvonne Gonzalez Rogers. Pending trial, she declined Epic Games’ request for Apple to host Fortnite on iOS devices. Trial dates for the international lawsuits against Apple are unknown. However, Epic Games has recently filed lawsuits in November 2020 (Australia), January 2021 (United Kingdom), and February 2021 (Europe).

Opening Statements and Trial Arguments (photo credits from The Verge)

In its opening statement, Epic Games compares Apple’s restrictive policies to a “Walled Garden.” Its argument is based on the unfairness of Apple’s control over purchasing options. Two expert witnesses testified on behalf of Epic Games. University of Chicago economist, Dr. David Evans, told the court, “Apple’s rules unfairly prevent developers from letting consumers know if their prices for in-app purchases take into account the iPhone maker’s 30% commission or that consumers may be able to get better deals elsewhere,” (Wall Street Journal). To add, Susan Athey, an Economics of Technology professor at the Stanford Graduate School of Business, explained Apple’s stronghold over consumers is due to their prohibitive iOS mobile operating system. In the case of this trial, if a consumer wanted to access Fortnite an iPhone, the user would need to switch to a different smartphone brand and repurchase all the apps originally purchased from iOS devices. Since the internet is needed to play Fortnite, Evans highlights how gaming consoles could never replace smartphones, as it lacks cellular data for users who want to play the game from anywhere.

Apple’s opening statement was a defensive response to Epic Games’ claims. According to The Wall Street Journal, Apple hired University of Pennsylvania Wharton School professor, Lorin Hitt, to discuss in-app purchases. Hitt claims, “anticompetitive measures tend to result in reduced quality, yet that hasn’t happened with iPhone and iPads apps, as developers have seen their revenue increase over time.” Essentially, consumers notice the value in the offers proposed by Apple. As noted by the graph below, Mr. Hitt also denounced Epic Games’ claim about Apple’s monopoly-like practices. Users switch devices frequently because people like the products acquired for different reasons. If this were not the case, Play Station and XBOX would not generate over 50% of Fortnite’s revenue for the last two years. This also infers that most Fortnite users are not on iOS devices, which is surprising considering there are 1.5 billion active Apple devices. In addition, Apple insists the iPhone offers multiple avenues for financial transactions. Although difficult to decipher, the second picture provided by Apple indicates that the iPhone, compared to its competitors and subsidiaries, offers three types of digital game transactions options: The App Store, Web Applications, and Purchasing on Other Platforms to play on iOS. Ultimately, Apple is arguing that its practices are not prohibitive nor remotely resemble a “Walled Garden.”

Possible Outcomes

The outcome of the trial between Epic Games and Apple Inc. can end in multiple ways. One hypothetical is the verdict will resume the current situation: users could not access Fortnite on iOS devices, but other games produced by Unreal Engine will remain on Apple’s App Store. If the judge rules in favor of Epic Games, it may be able to create and launch its own App Store on iOS devices.

Legislation

In addition to the trial, a new state bill that recently passed the House 31-29 may negatively impact Apple’s case. According to The Verge, Arizona’s House Bill 2005, “prevents app store operators from forcing a developer based in the state to use a preferred payment system…,” which would ultimately force Apple to provide various payment methods on iOS. This development could be beneficial for Epic Games.


Audio ForensicsComputer ForensicsCrisis ManagementOnline Reputation ManagementSocial Media

Deepfake: Its Role in Law, Perception, and Crisis Management (Part 2)

Welcome to Part 2 of Experts.com’s Deepfake Blog Series! In case you missed it, check out Part 1. The focus for Part 2 is to delve into the legal ramifications and perceptive dangers of deepfake videos, along with solutions for individuals and organizations who have been negatively affected by deceptive content. Continued insight from Audio, Video, and Photo Clarification and Tampering Expert, Bryan Neumeister, and new knowledge from fellow Experts.com Member and Online Reputation Management Expert, Shannon Wilkinson, will be included in this post.

Due to the relatively new concept and technology of deepfake content, the legal ramifications are not concrete. In fact, admitting deepfake content as evidence in some criminal and civil court cases can be a precarious endeavor because of metadata. According to the Oxford Dictionary, metadata is “information that describes other information.” Think of metadata as information found on a book. Listed is the author’s name, summary of the author, synopsis of the book, the name and location of the publishing company, etc. Metadata answers the same inquiries about videos and photographs on the internet. It has even been used to solve crimes. For example, in 2012, law enforcement found John McAfee, a man who ran from criminal prosecution for the alleged murder of his neighbor, using the metadata from a photo VICE Media, LLC released in an interview with the suspect (NPR). “The problem with metadata is when you upload any video to YouTube or Facebook, the metadata is washed because the user gives up the right to the video,” a statement by Bryan Neumeister. Reasons vary as to why metadata is removed. Some platforms have policies to disregard metadata to expedite the download time for such images and videos. However, it raises concern for those interested in preserving intellectual property (Network World). In addition to the numerous reposts a photo or video acquires, finding the original author of a post on major social media platforms poses a problem for litigants.

Entering evidence into court becomes a Chain of Custody issue (702, 902) through the Daubert Standard, which is a set of criteria used to determine the admissibility of expert witness testimony. Part of Mr. Neumeister’s expertise is to sift through the components (time stamp, camera, exposure, type of lens, etc.) of digital evidence via computer software systems to determine its authenticity or modification. One of the many techniques he uses is to look at the hash value of digital evidence. According to Mr. Neumeister, “Hash values are referred to in Daubert 702 as a way to authenticate. Think about a hash value as a digital fingerprint.” Without this set of numerical data, the most vital piece of proof needed to discern an original from a fake photograph or video, the digital evidence should be ruled as inadmissible by Daubert standards, as there is no chain of custody to a foundational original. Because deepfakes are difficult to track, and perpetrators are mainly anonymous underground individuals with limited assets, prosecuting these cases is a long-term investment without the return. From a moral perspective, justice should be served. With little or no recourse, the frustration is overwhelming for people whose character and financial future have been put in jeopardy.

Deepfakes may be complicated in the legal arena, but in the world of public perception, its role is much more forthright. In recent years, perception has become reality, and this notion rings resoundingly true regarding deepfake content. People who create and publish deceitful content have three main goals: to tarnish a person or company’s reputation, change a narrative, and ultimately influence the public. “Deepfakes are not usually done by big corporations. There is too much at stake. They are usually done by groups that have an intent to cause misdirection,” a direct quote by Mr. Neumeister. The truth about events regarding politicians, or any other public figure, has now become subjective. Like most viral posts, once a deepfake video is released, unless a user participates in research and finds other sources that confirms or denies deceptive material, people will believe what is shown on social media. There are two reasons for this: 1) it confirms an already ingrained bias, and 2) some people would rather trust the information instead of actively looking for sources that contradict the deepfake due to lack of will or information overload. Studies have shown it takes just a few seconds to convince people who are leaning the way a deepfake video is portraying a situation to believe the content. Even if there is a source that has been fact-checked and proves the contrary, the damage to a public figure’s perception has already been done.

For instance, one of the most popular types of deepfakes are centered around pornography. As discussed in Part 1, the General Adversarial Network (GANs) generated deepfake videos have a specific algorithmic structure that accumulates multitudes of any footage and mimics the desired output data. However, its blatantly realistic and high-quality footage is too exaggerated to be an authentic video. To further augment the illusion, people use techniques such as adding background noise, changing the frame rate, and editing footage out of context to make the video more “realistic.” According to Mr. Neumeister, “The more you dirty it up, the harder it is to tell … and then you’ve got enough to make something convincing that a lot of people won’t fact check.” This unfortunate reality, the emergence of different types of deepfake content can ruin the reputations of individuals and businesses across the board. Fortunately, there are methods to managing public perception.

A positive public image is one of the driving forces for success, trust, revenue, and a growing client base. For this reason, malicious and manipulative material found on the internet is threatening. The internet allows everyone to become an author, which gives users the power to post a variety of content ranging from true stories to false narratives. When businesses and organizations find themselves in a fraudulent crisis, “it can impact shareholder value, damage an organization’s reputation and credibility in the eye of consumers and customers, and result in the dismissal or stepping down of a CEO, board members, and/or other key leaders,” stated by Shannon Wilkinson, an Online Reputation Management Expert. Individuals who have less of a digital presence than organizations are more at risk for facing defamatory content. It begs the question, what types of crisis management strategies can business and individuals use to defend themselves against deepfake content?

One of the reasons why crisis emerges for organizations and public figures is due to the lack of proactiveness. Luckily, Ms. Wilkinson has provided numerous tips on how to prioritize reputation management and crisis response to build a “powerful digital firewall.” For reputation management, Ms. Wilkinson recommends:

  • Understanding how one’s business and brand appears to the world.
    • “Each Google page has 10 entries, discounting ads…The fewer you ‘own’ – meaning ones you publish… – the less control you have over your online image,” according to Ms. Wilkinson.
  • Customizing LinkedIn and Twitter profiles.
  • Publishing substantive and high-quality content related to one’s field of expertise or organizations (white papers, blogs, articles, etc.).
  • Scheduling a professional photography session.
  • Creating a personal branding website (ex: http://www.yourname.com).

As for crisis response options, there are two key components businesses and individuals must consider before crafting a recovery plan:

  • Possessing an online monitoring system alerting when one’s brand is trending on social media (ex: Google Alerts and Meltwater)
  • Seeing conversations in real time to augment one’s social presence within those digital spaces.

Below are the recommendations regarding the actual response to a crisis:

  • Social media platforms like Facebook and Twitter seem to be the more popular spaces to respond to deepfake content.
  • Updating current and existing information is a vital strategy to counter attacks.
  • Avoid engaging with anonymous commentors and trolls.
  • “Video is an excellent tool for responding to situations that result in televised content. A well-crafted video response posted on YouTube will often be included in that coverage. This strategy is often used by major companies,” a direct quote from Ms. Wilkinson.

The why behind creating, manipulating, and posting deepfakes for the world to see seems to be a moral dilemma. The motives behind uploading such misleading content are different for those who participate but nefarious, nonetheless. Legally, it remains an area of law where justice is not always served. Thanks to our Experts.com Members, Bryan Neumeister and Shannon Wilkinson, the what, when, how, and where aspects of deepfake content have been explained by people who are well-versed in their respective fields. In the height of modern technology and the rampant spread of misinformation, our Experts advise all online users, entrepreneurs, public figures, and anyone with access to the internet adequately fact-check sources encountered on the web. Those associated with businesses or happen to be public figures should prioritize developing crisis management precautions. In Mr. Neumeister’s own words, “People can destroy a city with a bomb, but they can take down a country with a computer.”

Audio ForensicsComputer ForensicsExpert WitnessSocial Media

Deepfake: An Introduction (Part 1)

Computer technology is one of the most pivotal inventions in modern history. Artificial Intelligence, smartphones, social media, and all related apparatus have significantly enhanced living conditions in an unprecedented manner and connected the world with a click of a button. It is used in various occupations: from business related fields to more creative professions. To say modern technology has been advantageous in recent decades is an understatement. However, every creation has its flaws. This multi-part blog series is intended to reveal one of those flaws, and a dangerous one at that, deepfake videos. This first post includes an introduction to deepfake videos, and the steps taken by federal and state governments to identify such duplicitous content. Special insight on the subject is provided by our Experts.com Member and Audio, Video, and Photo Clarification and Tampering Expert, Bryan Neumeister.

Editing footage and photos is normal practice in our selfie-addicted new normal, but creating distorted content is a whole new ballgame. According to CNBC, deepfakes are “falsified videos made by means of deep learning.” These videos, images, audios, or other digital forms of content are manipulated such that counterfeits pass as the real thing. What makes matters worse is the internet allows anyone and everyone to create, edit, and post deceptive content. It is one of many threats to cybersecurity strategists, police departments, politicians, and industries alike because the purpose of making them is to spread misinformation, tarnish reputation’s, exploit evidence, and to ultimately deceive an audience. The unfortunate reality is deepfake videos which display pornographic scenarios and manipulated political moment are the most common. For instance, a notable deepfake video was posted by Buzzfeed in 2018 depicting former United States president, Barack Obama, slandering another former United States president, Donald Trump. However, the voice behind Obama is none other than Jordan Peele. The video was intended as a moral lesson to explain how important it is to verify online sources, and to highlight the dangerous problem of trusting every post uploaded to the internet.

According to Mr. Neumeister, who specializes in this area of expertise, there are two types of artificial intelligence programs used to create deepfake videos: GANs and FUDs. He states, “GANs (Generative Adversarial Networks) are used by professionals, and FUDs (Fear, Uncertainty, and Doubt) are the homemade ones.” Although FUD videos garner more attention among internet users, the real menace to society are the videos made from GANs.

Videos made from Generative Adversarial Networks have an algorithmic framework designed to acquire input data and mimic the desired output data. One can visualize how GANs work through the viral Tom Cruise TikTok deepfake. According to NPR, the creator of the deepfake, Chris Ume, used a machine-learning algorithm to insert an accumulation of Tom Cruise footage. This allowed him to give a digital face transplant to the Tom Cruise lookalike actor he hired for the video. Ume input a plethora of videos to create a desired output of a realistic face swap. Neumeister also adds that the most realistic deepfakes correlate to the amount of footage a person can acquire. Specifically, “the more bits of video clip you have to put together, the more accurate you can make facial movements, ticks, etc.” From this logic, it can be inferred that Ume’s Tom Cruise deepfake looks more realistic than those that lack algorithmic programs.

Because viewers typically see deepfakes in politics and pornography, federal and state governments have recently implemented laws to counteract deepfake content creation and distribution. President Trump signed the first deepfake federal law near the end of 2019. This legislation is included in the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which is a $738 billion defense policy bill passed by both Senate (86-8) and the House (377-48). The two provisions in the NDAA requires:
“(1) a comprehensive report on the foreign weaponization of deepfakes; (2) requires the government to notify Congress of foreign deepfake-disinformation activities targeting US elections,” (JD Supra). The NDAA also implemented a “Deepfakes Prize” competition to promote the investigation of deepfake-detection technologies. On a state level, there have been laws passed by multiple states that criminalize specific deepfake videos (JD Supra):

  • Virginia: first state to establish criminal penalties on the spread of nonconsensual deepfake pornography.
  • Texas: first state to ban creation and dissemination of deepfake videos aimed to alter elections or harm candidates for public office.
  • California: victims of nonconsensual deepfake pornography can sue for damages; candidates for public office can sue organizations and individuals that maliciously spread election-related deepfakes without warning labels near Election Day.

Although the Trump administration and various states established policies against deepfakes, it remains ubiquitous on almost all online platforms. How can users at home distinguish authentic content from deepfakes?

Mr. Neumeister provides a few tips and tricks for detecting a deepfake. One giveaway mentioned is mouth movement, otherwise known as phonemes and visemes. Mouths move a certain way when people speak. For instance, words like mama, baba, and papa start with a closed mouth. Words like father, and violin start with the front teeth pushing against the bottom lip. To add, consonants and vowels also sound a certain way when pronounced correctly. “Words with t, f, n, o, and wh, are pretty good for tells,” adds Mr. Neumeister. When analyzing video, the frames in which a person is speaking are broken down into approximately six to ten frames to determine if the way someone talks in other videos is the same as the video being analyzed. Another tip Mr. Neumeister suggests is to watch videos with context in mind. Viewers should pay attention to background noise, crowd ambiance, and the cadence in a speaker’s sentences. Authentic and original content would have, by nature, realistic frames. Users can detect a deepfake by sensing dissonance in, for instance, a speaker’s proximity to the microphone or a size of a room. For users at home or on-the-go, these tips are crucial for distinguishing verified sources from manipulated misinformation.

The emergence of deepfake content, its continuously improving technology, and the spread of disinformation is a multifaceted and complex problem. This blog post has only scratched the surface, so stay tuned for part 2 for a more in-depth read.

MarketingPsychology

Consumer Psychology and Streaming Services: The Rise of Disney+ and Netflix

Despite the daunting aspects of COVID-19, the pandemic provided millions of people around the world with an escape from reality: streaming service subscriptions. Netflix, Disney+, and others alike are dominating the entertainment industry. Within the first year after its inception, Disney+ accumulated 86.8 million users and predicts a trajectory of 260 million by 2024 (Variety). In 2020 alone, nearly 37 million people bought Netflix subscriptions, bringing the total number of subscribers to more than 200 million (BBC). On January 20th, 2021, its shares increased by 15% in its fourth quarter earnings (Business Insider). 

What is the catalyst for the success of these two streaming services? Insight from one of our very own Members at Experts.com will help answer these questions. Before delving into these insights, however, it is important to acknowledge the differences between the two streaming services.  

Disney+ is significantly cheaper than its rivals due to its slim library of around 600 movies and shows. However, the type of content it acquires is the gravitational element for its growing audience. Disney+ is the leading content provider for fans of Disney Original Movies, Marvel, Pixar, and “Star Wars” franchises. 

Netflix is known for its high-quality original shows and movies such as “Bridgerton,” “The Queen’s Gambit,” and “Marriage Story.” Its international content, like “Lupin” and “La Casa De Papel,” has increasingly appealed to audiences. Unlike Disney+, Netflix also allows consumers to stream movies with family and friends for free with Teleparty. This service may be more expensive, but its library of nearly 4,000 shows is worth the subscription. With these crucial differences in mind, let’s delve into our Experts’ contributions.  

Disney+ leads US brand awareness and subscriber race for new video  streaming services | The Drum

Dr. Brent Coker is an Online Consumer Psychologist with a PhD in Electronic Commerce. He is also a Digital Marketing and Digital Business Models professor at the University of Melbourne. Based on his extensive knowledge on consumer behavior, Dr. Coker believes the rise in streaming entertainment services is indirectly correlated to COVID-19 for a couple of reasons:  

The first is the unexpected lifestyle imposed onto the world by the pandemic. National emergency calls made by various world leaders have induced policies including stay-at-home orders, remote learning and work, as well as limited in-person interaction. This new reality forced consumers to alter purchasing habits from before the virus, like spending more on internet bandwidth for work (which varies by country as some lack unlimited speed plans) rather than tickets for movies or other live performances. “Consumers ‘rationalise’ the extra cost out of necessity (they convince themselves the extra cost is needed not just wanted),” a direct quote from Dr. Coker. This high quality and faster internet further justifies subscribing to streaming services. Disney+ and Netflix’s stellar financial performances are due to the millions of people adjusting to more confined circumstances. 

The second reason is the lack of entertainment options. Because of the new social-distancing guidelines, in-person music festivals, sporting events, and dining at restaurants without restrictions are limited. Coker states, “People divide their entertainment options according to gratification – live performances, stage shows, cinema, and TV.” He then explains the absence of in-person events leads people to search for substitutes. It appears Netflix and Disney+ were the perfect replacement for millions of people this past year.  

MUST-WATCH SHOWS AND MOVIES – THE WATCHDOG

Dr. Coker also alluded to a slight change in advertising and endorsements. Instagram, Facebook, and Twitter are a few of many social media platforms people use to stay informed and connected. It is also the arena in which influencers use their online presence to promote trends and brands. Dr. Coker mentions Tiger King, one of the first Netflix Original shows to be released just before COVID-19, as a prime example of endorsement through social media. The documentary, especially its eccentric and bizarre main subject, Joe Exotic, became a meme used to draw more attention to audiences around the globe. Memes are “amusing or interesting items (such as captioned picture or video) or genre of items that are spread widely online especially through social media,” (Merriam-Webster). Dr. Coker finalizes his thoughts on social media connectedness by stating, “This is essential endorsement and word-of-mouth thus herding effects as people jump on board to experience what they perceive is the new norm.” 

The requirements of greater internet bandwidth for work, the loss of outdoor entertainment, and the implementation of stay-at-home policies have kindled the need for home entertainment. In 2020 alone, both companies have accrued millions of subscribers. Thanks to our Experts.com Member, Dr. Brent Coker, his insight on Consumer Behavior and Digital Marketing shed light on how the unanticipated lifestyle engendered by COVID-19 indirectly played a role in the purchasing decisions of people around the world and shapes how citizens perceive this new reality through social media. It remains to be seen whether Netflix and Disney+ will perform as well post-pandemic. 

CommunicationInformation & Communication TechnologySocial Media

The Role of Section 230 in the Free Speech Debate

After a tumultuous year full of uncertainty and angst, the start of the new year, unfortunately, followed suit. Due to last week’s raid of the Capitol Building, resulting in Donald Trump’s removal from various social media apps, the debate over the understanding of free speech is in full swing. Some critics say Trump incited violence and rightfully deserved to be permanently banned on Twitter. Others defend the President’s speech and are calling to repeal Section 230 of the Communications Decency Act. This week’s post will define Section 230 and its role in the free speech debate. 

To note, the purpose of creating the Communications Decency Act was to enact provisions to free speech online. Because Internet users opposed these restrictions, Section 230 was enacted in 1996 (Electronic Frontier Foundation). According to the Federal Communications Commission (FCC), “Section 230 provides websites, including social media companies, that host or moderate content generated by others with immunity from liability.” In other words, these companies do not bear the responsibility for its consumers’ speech. Section 230 is inapplicable to Federal Criminal Law and Intellectual Property Claims. Since Twitter is a private company, this legally legitimizes its decision to permanently suspend the President’s account, as he allegedly spread misinformation about the election according to its Terms & Conditions. However, this turn of events has left moderates, conservatives, and republicans feeling silenced.  

Trump’s Twitter ban was the catalyst for the removal of Parler (a social media platform which garnered a primarily conservative following) from Apple and Amazon app stores. Its eradication stems from its anti-censorship brand, meaning it does not monitor its users posts. Unlike Twitter, who uses Section 230 to monitor speech, Parler has the right as a private company to exercise the opposite. It begs the question, is Section 230 relevant to free speech? 

The First Amendment “guarantees freedoms concerning religion, expression, assembly, and the right to petition,” (Cornell Law School). Congress is prohibited from making laws which limit an individual’s First Amendment right, whether it is exercised in public physical space or on the internet. From the looks of Trump’s removal from Twitter, it is understandable why conservatives would be upset. The concept of a social media corporation eradicating the leader of the free world’s personal account is shocking, and shows just how much power these social media apps have over what their viewers are allowed to see. For many, these actions by Twitter and Facebook add even more salt to the wounds of the political divide created this past year. At face value, it makes sense why moderate and right-leaning voters would want to repeal Section 230. However, revoking Section 230 is much more threatening to the First Amendment than one might think (USA Today).  

If Section 230 was abrogated, online businesses would monitor speech on a more frequent basis. Websites would become liable for every individual social media post, photo, blog, comment, and video a person publishes. Accommodating user-created content would be a precarious endeavor because these companies could be sued for every contentious post, which is unrealistic considering these websites have accumulated millions of users worldwide. If social media companies and those alike embodied an editorial role towards user-created content, it would end real-time communication, limit expression, tarnish social media providers’ reputations, and even cause them to shut down due to endless litigation. In the event Section 230 is repealed and edited, Congress must be cautious of its constitutional duty to not implement laws that limit the freedoms of American citizens and, unintentionally, chill protected speech. 

Section 230 may protect a business’ right to negate liability for its users’ posts, but it does not protect a company from antitrust lawsuits. Parler sued Amazon in response to its removal from Amazon Web Services, an auxiliary provider of on-demand APIs and cloud-computing platforms (Reuters). Amazon claims Parler’s failure to monitor speech had a large role in planning the siege of the Capitol Building. Although it removed most of the troublesome posts, Parler responded to this by accusing Amazon of breaching its contract by forcing the social media app to shut down. Parler was warned about Amazon’s intolerance to offensive speech, yet Parler argued that any of its users’ posts, that do not engender premeditated action, are protected under the First Amendment. As this is an ongoing case, the outcome of the lawsuit will not be decided for a long time to come. 

Ultimately, Section 230 is arguably the most integral component of the free speech debate considering the recent events of Trump’s Twitter ban and Parler’s lawsuit against Amazon. Free speech within the realm of the internet is a very different arena compared to speech in public physical spaces. As unfortunate as the Capitol Building raid was, it brought to light important nuances of the First Amendment as it relates to the internet.  

BlockchainComputer SecurityCryptocurrency

Bitcoin: The Currency of the Future

The news of Bitcoin’s recent and successful market performance is spreading like wildfire. In the eleven years since its inception, it has surpassed the market value of companies such as Visa, Mastercard, and Walmart (CNN Business). As of the date of this publication, one Bitcoin is being traded for $34,306.17. This incredible feat has made Bitcoin quite popular for investors and people interested in financial markets. However, some critics have raised concerns about Bitcoin and cryptocurrency in general. Defining Bitcoin, explaining its functions, and addressing the advantages and disadvantages to cryptocurrency will be the subject of this week’s blog post. 

Although the algorithms for the modern-day cryptocurrency have existed since the 1980s, the emergence of Bitcoin has changed the future of financial transactions. Bitcoin’s founding in 2009 is shrouded in mystery. The housing market crash of the same year was the catalyst for its emergence. By whom is the enigma. The founder of Bitcoin is known by the pseudonym Satoshi Nakamoto. The true identity of the person or persons is still unknown.  

Bitcoin is a form of decentralized cryptocurrency. Because its design is public, all transactions are managed by “peer-to-peer” technology instead of banks. Cryptocurrencies are often compared to an online version of dollar bills and can be used to buy and sell services and products. To obtain Bitcoins, people can buy it using “real” money, have people pay for a product using Bitcoin, or “computer-mining,” like searching for gold. Because Bitcoin is essentially a computer file, consumers can store them on a digital wallet, accessed by any smartphone or computer, and even send them to other people. Now that Bitcoin has been defined, it is important to know how it works. 

Bitcoin Mining Is Now More Competitive Than Ever, New Data Shows

When a beginner uses Bitcoin, it generates a Bitcoin address. You can create more than one address and share the addresses with friends and family so transactions can ensue. These addresses can only be used once. Bitcoin has three main functions (Bitcoin):  

  • Function 1: Blockchain – a shared public ledger which all consumers within the Bitcoin network depend on. It includes and verifies all transactions and spendable balances to ensure both are owned by the spender.  
  • Function 2: Transaction – an exchange of value between Bitcoin wallets. Although transactions are included in the blockchain, Bitcoin wallets keep a “private key.” Private keys prove the owners of the transaction. Bitcoin also uses “signatures” to ensure the lack of alterations to the transactions. 
  •  Function 3: Mining – a process which confirms and places the transactions in the blockchain in chronological order. It also bears the responsibility of protecting the neutrality of the Bitcoin network. Transactions are only confirmed when they are compiled in a “block” which includes rigid cryptographic rules approved by the Bitcoin network so previous blocks are not modified. Mining also prohibits individuals from controlling, replacing, or adding blocks and parts of the block chain. In other words, it prohibits theft. 

After defining and explaining Bitcoin’s functions, and as the number of people investing in Bitcoin increases, addressing the benefits and drawbacks of this cryptocurrency are crucial. 

Pros & Cons of Trading Bitcoin & Cryptocurrencies | Paxful Blog

There are plenty of advantages and disadvantages to investing in Bitcoin (Money Crashers). Let’s first discuss its benefits. As previously mentioned, Bitcoin is not controlled by any political or financial institution. These parties can only confiscate or suspend cryptocurrency either for retribution for political acts or for a criminal investigation.  

Bitcoin also has greater liquidity compared to its competitors like Ethereum, IOTA, and Dogecoin. This permits users to keep much of its value when switching to fiat currencies like the U.S. dollar bill. Essentially, out of all the cryptocurrencies, Bitcoin is most like a fiat currency.  

Bitcoin has become widely recognized as a payment method, partially because of their built-in privacy protections. It allows users to distance the account itself from the public persona. Unlike using cash or PayPal transactions where protections are scarce, Bitcoin tracks transactions between users but it is difficult to discover who the users are. Individuals or groups who want to mitigate the use of fiat currency should invest in cryptocurrency, since a plethora of sellers accept Bitcoin payments (Microsoft, Overstock, Etsy, AT&T, Shopify). Even though Bitcoin has inexpensive transaction fees, it also eases the process of international transactions because, like credit card payments and ATM cash withdrawals, it does not require international transaction fees. 

Finally, Bitcoin’s built-in scarcity component inculcates the currency with inherent value like gold and other metals. This supports its lasting value against fiat currencies and non-scarce cryptocurrencies. 

Purchasing Anything on the Black Market With Any Currency Is a Good Thing´  | Op-Ed Bitcoin News

A major inconvenience to using Bitcoin is the lack of policy regarding refunds and chargebacks. Because of its decentralized design, it is extremely difficult for users to dispute transactions. Even though miners are responsible for recording the transactions, it cannot prove the legitimacy of those transactions. 

Bitcoin’s reputation as the world’s most popular cryptocurrency precedes itself, so much so that it becomes vulnerable to fraud cases. Examples include the small-scale Ponzi scheme with Bitcoin Savings & Trust to grand-scale hacks such as the infiltrations of Sheep Marketplace and Mt. Gox, which were bilked of hundreds of thousands of Bitcoins. To add, Bitcoin attracts groups and individuals involved with the black market due to its inherent anonymity protections. Ultimately, Bitcoin’s competitors do not acquire nearly the number of users to engender maliciously profitable activity for criminals. If fiat currency were used, such crimes would be prosecuted by law enforcement (see Member Dr. Stephen Castell’s recent article on the subject).  

There is the exception of people who are converting to newer cryptocurrencies. Depending on the type of cryptocurrency, these services either eliminate third-party involvement in transactions or use “smart contracts.” These contracts hold the cryptocurrency providers liable for their offerings. If the number of people leaving Bitcoin for another service increases, then its value would certainly decrease.   

As previously mentioned, an advantage to Bitcoin is its liquidity and ability to be easily exchanged. However, it becomes susceptible to unpredictable price swings within small time intervals. For instance, after the FBI announced the legitimacy of Bitcoin as a financial service, its value skyrocketed in late 2017 and yet halved at the start of 2018 due to the Mt. Gox hack. These decimated billions of dollars of the market value instantly. 

Lastly, Bitcoin mining weakens the environment because it exhausts large quantities of electricity. The source of power for Bitcoin stems from coal plants. When mining occurs, the amount of electricity used directly correlates to the vast amounts of air pollutants released into the atmosphere, creating difficulty for surrounding citizens to breathe.  

As the world transitions into a virtual age, and the value of fiat currency remains in flux, people face the crucial decision to either invest in cryptocurrency or continue with their current monetary choices. For those looking to invest in Bitcoin or cryptocurrency, hopefully this blog post provides general insight and clarity for future financial endeavors.  

Sources: 

https://bitcoin.org/en/how-it-works

https://www.moneycrashers.com/bitcoin-history-how-it-works-pros-cons/

Criminal JusticeEvidenceForensic DNA

New DNA Restoration Technology Helps South Korea Police Solve 33-Year-Long Murder Case

Due to advancements in DNA technology, a 33-year-long murder mystery has finally been solved. The most infamous serial killing case in South Korea, otherwise known as the Hwaseong murders (1986-1991), resulted in the death of 10 women and girls. The true killer, Lee Chun-jae (pictured below), admitted to 30 rapes and 14 murders, 9 of which were part of the Hwaseong murder cases.  

The Korean Zodiac Killer: Lee Choon-Jae and the Hwaseong Serial Murder –  Serial Killer Shop

What instigated the confession was a recent discovery in DNA restoration technology. This new forensic advancement has allowed police and other government agencies to identify DNA that either could not be identified at the time it was processed or even after long periods of time, as in this case. The South Korean Police conducted a comparison between samples of DNA from a victim’s underwear with the DNA database of prisoners at the penitentiary. The outcome identified Lee as the culprit, who was already facing a life sentence for the last 2 decades for his sister-in-law’s rape and murder. He told the court that he “was surprised he wasn’t caught earlier,” (CNN). Lee also told reporters that he did not try to hide his crimes. Though detectives asked him questions, they were always about other people. The DNA results also confirmed the innocence of the man arrested for Lee’s crimes.  

In 2008, a person named Yoon, whose full name cannot be released for legal reasons, was freed after spending 20 years in prison for the rape and murder of a 13-year-old girl, a murder victim from the Hwaseong cases. Last year, the DNA evidence was released, thus confirming Yoon’s innocence. Yoon was granted a retrial, and his lawyers are currently in the process of overturning his conviction. He told CNN, “I want to clear my false accusation, and I want my honor back.”  

South Korean investigators examine a crime scene in Hwaseong, South Korea in 1993, following a spate of murders.

Suffice it to say, at the time of the murders, there were some discrepancies in the investigation. The Gyeonggi Nambu Provincial Police Agency Chief, Bae Yong-ju, admitted to ABC News that Yoon was mistreated by the police to the point where he made a false confession under coercion. The police involved in the case have issued a public apology to Lee Chun-jae’s victims, their families, and Yoon, a victim of the failed police investigation. Yoon, outraged from being subjected to years of injustice, aspires to continue his life as a free and innocent man. 

So, what happens next? Lee Chun-jae will not be facing prosecution for the Hwaseong murders. The statute of limitations on the case has expired. However, he will continue to live out the rest of his life in prison for the rape and murder of his sister-in-law. Thanks to advances in DNA technology, grave mistakes, like those found in this case, will hopefully be reduced.  

ComputersEmploymentHuman ResourcesOrganizational Development

The Future of the Office in a Post-Pandemic World

As we endure almost ten months of living through a pandemic, we can all agree COVID-19 has brought about various changes and challenges. The pandemic has affected every aspect of daily life. Worrying when items will be restocked in local grocery stores, wondering when the next stimulus check will arrive in the mail, and keeping ourselves and families safe from the virus have been at the forefront of everyone’s minds. Although millions of jobs have been lost this year, people who are lucky enough to either have found or kept his/her job now deal with working-from-home. Because the workforce is now conducting a 180 towards online practices, the future of offices in a post-pandemic world is pending. 

According to Nicholas Bloom, a Stanford Economist, “we’re in the middle of a structural, seismic shift,” in the workplace. Working-from-home is not a new concept, there are jobs that are designed specifically for remote locations and travel. The problem is millions of people are now forced to adapt to new working conditions in order to slow the spread of the virus, putting the world’s technological advancements to the test. To ensure productivity through a tumultuous time, businesses are instantly tasked with reimagining the role of work and creating a positive environment for their employees. Both individuals and organizations face benefits and drawbacks from this uncontrollable shift.  

Some employees love the working-from-home lifestyle. For busy individuals or employees who have families, working-from-home creates flexibility in his/her work schedule, allowing time to complete daily errands and appointments. A surprising “36% (of employees) would choose it (remote work) over a pay raise,” a statistic from Global Workplace Analytics. Working-from-home also allows people to save money on clothesgas, and food costs that they would otherwise need for the workplace. Lastly, working remotely does not necessarily mean people are tethered to their homes. Computers and smartphones allow people to work from any location, including coffee shops, parks, and even planes. Having the choice of when and where you work is the appealing aspect of working remotely.  

While working from home has been successful for some people, it has caused great strife for others. Merging the personal and professional components of life is not an easy feat. This sudden disruption of daily routines adds physical, mental, and emotional anxiety. For those with families, balancing the work load may be difficult with children under foot. To add, the lack of in-person communication creates a sense of isolation and loneliness, which could decrease productivity. To combat these hardships, employees and employers who work-from-home must dedicate some time to maintain his/her health and wellness by exercising, connecting with family and friends, and finding activities that bring happiness to the day.  

Although companies who adopt the work-from-home method implement different policies, the general pros and cons seem to be consistent for most businesses. According to Global Workplace Analytics, “A number of states, including Virginia, Georgia, and Oregon offer financial incentives for businesses to adopt telework.” The benefits are not limited to financial incentives. States such as Arizona and Connecticut offer free training to businesses willing to convert to remote work. Also, working from home is environmentally friendly. The rate of office equipment energy consumption is twice that of energy consumption from a person’s home. Businesses save money by participating in the work-from-home method and improving the conditions of the planet one step at a time. Finally, remote work is slowly increasing the hiring pool because it provides geographic diversity that would not have been possible pre-pandemic. 

For CEOs, managers, and other team leaders within an organization, being unable to convene at an office can be difficult. The absence of a physical space forces people on all levels of the organizational hierarchy to interact through digital means. Face-to-face communication has been limited to video conferences on sites such as Zoom, Skype and Google Hangouts. Projects, presentations, sales pitches, settlements, and other types of meetings are conducted through a computer or phone, which increases the chance of miscommunication and technological difficulties. This quick transition to telework also increases management mistrust.  As many as “75% of managers say they trust their employee, but a third say they’d like to be able to see them, just to be sure,” stated by Global Workplace Analytics. Working from home provides a flexible schedule for employees, but it is also their responsibility to accomplish the required tasks and not abuse the time allotted to do so. Companies must make strides to embrace remote work as part of the new norm by setting and measuring goals for employees.  

Ultimately, there are advantages and disadvantages to working from home and the office. Many companies adopt the hybrid model where employees do both, and this is most likely what the future holds in store for the modern-day workforce. For both businesses and employees, the balance between work and personal life has become a priority during the height of the pandemic. The work-from-home model not only relieves some of the stress imposed by the pandemic but allows people who work in non-online industries, such as healthcare and construction, to safely tend to their job. Whether businesses go back to the office or not, it has been reassuring to know that many industries and individuals have the technological capability and resources to work from home during a global pandemic. 

AdvertisingInformation & Communication TechnologySearch Engine OptimizationSEO

Google Antitrust (Part 1): Search Engine Optimization, Or Monopolization?

On October 20th, 2020, The United States government, along with several states (AR, FL, GA, IN, KY, LA, MS, MO, MT SC, and TX), filed an antitrust lawsuit against technology company, Google LLC, for illicitly continuing monopolies in general search services, general search text advertising, and search advertising. Google has been accused of maintaining control of these markets through exclusionary practices, which prohibits the expansion of competition throughout the internet technology industry. The basis for this accusation is Google’s alleged violation of Section 2 of the Sherman Act, 15 U.S.C. § 2, which bans monopolies in trade and commerce. Along with previous antitrust cases, it is important to review the nature of the lawsuit. Since Google is being accused of antitrust in several areas, the case’s foundation will be broken up into two sections.

1. General Search Services: Within the last twenty years, Google has transitioned from a new start-up to one of the richest companies on Earth, making as much as $160 billion a year. Because search engines are dispersed throughout a variety of devices, such as smartphones, tablets, and laptops, user search queries in the United States have surged in the last decade. Search engines are the most effective when they are set as the default. For example, if a consumer uses a Dell, they are more likely to have Bing as the default search engine, unless the user changes it to Google, Firefox, etc., which rarely occurs. In addition, Google pays billions to a plethora of distributors spanning from device manufacturers, wireless carriers, and browser developers to set their search engine services as the default. Because Google pays companies like Apple, Motorola, Mozilla, AT&T, and UCWeb to secure their search engine as the default, along with the lack of users changing their default engine themselves, the lawsuit alleges the deals made by Google were intended to eliminate competition among other search engine providers. In fact, 90% of all generated-search engine queries have been searched through Google. It does not cost anything to search online. So, it begs the question: how were they able to make billions of dollars?

Google Search adding site favicons to every result - 9to5Google

2. Search Advertising/General Search Text Advertising: Google utilizes consumer information and search queries to sell advertising. Since Google is the default search engine for various devices, they receive almost $40 billion from advertisers to place ads on their search engine results pages (SERP). Because Google receives 90% of search engine traffic (that’s billions of eyeballs on tailored ads), these deals create difficulty for smaller rival search businesses to compete and incentivizes advertisers to stay with Google rather than switching to another company that cannot perform on such a grand scale. The services Google provides require intricate algorithms which collect vast amounts of data used to tailor content based on a user’s search query. For example, if you search holiday discounts for a Keurig coffee maker, you might see an ad for the exact search entry two days later, which is what advertisers want. These deals ultimately engender a continuous cycle of anticompetitive behavior from Google and thwart potential competition, giving the United States government and various states another reason to issue an antitrust lawsuit.

With the nature of the case in mind, Google’s ever-growing power is concerning. Is Big Tech too influential in the economic and advertising sectors? Shouldn’t consumers be aware of Google’s seemingly anticompetitive tactics? As the world continues to enter a digital age, how will this case change the ways in which internet companies conduct business ventures? Stay tuned as our Experts.com Members give their input on the subject in Part 2: coming soon.