Rampant Abuse in the Technical Fields Involving the Web & Computers (fast and easy too)
1. Bound by Highest Privacy Protection
Although substantially retired and inactive as a licensed attorney (including inactive CPA status), I am bound by legal and ethical rules requiring the highest level of privacy protection. I must and will legally enjoin any computer “games” to the contrary. These matters will not be left open to dispute, including unchecked joker-genius encroachment. A protector of my security interests cannot cast any doubt of trust in their role. However, my concerns have been proper, because outrageous events have occurred in a part of my life.
2. Realistic Shareholder Loss; Possible Action
Invasive Internet advertising and marketing tactics are troubling to the public but can become so internally by very large, well-known companies guilty of tactics lacking tactics. Being too consistently obvious in their invasive motives may be worth a shareholders' meeting (largely dependent upon the state of incorporation or organizational documents).
Realistically, it results in a major loss to shareholders by diminishing the company's goodwill, often one of its largest assets and by far the most valued by shareholder investors. Despite not being recorded on financial statements, this is an economic fact Wall Street knows well. It becomes an insult to our intellectual capacity, adding insult to injury. Other shareholder action may be available, especially with a somewhat easy ability to show a claim of merit with standing interest.
3. Denial of Basic Privacy; A Rampant Overlook of Serious Protective Law; Pervasive Disregard and Acceptance of Moral and Spiritual Concern
Do not allow this mentality to maneuver you around (or at least do not continue), or fall for their part truth statements of ads by financial necessity or slanted numbers on their desirability. I have a protective concern for those not already aware of their clever promotion of a sense of sharing, openness, transparency, and the spirit of community disclosure. Prevailing goodness does transpire, and so can one's damage when there are indications of, and cooperation with disclosure as a matter of default (if not an actual setting and, somehow, reset to their benefit over and over again for you). Likely, there is some price to pay by continuing with awareness, but more cautiously. However, too often, the same manipulators open some dear matters, e.g., contacts or notes, dear to all, but very serious for me.
By second-highest court in the nation directive, in some cases, competent judicial deference making it rare, an attorney is to VIOLATE A COURT ORDER voiding disclosure, yes, > Go >> To >>> JAIL, then be released pending their review.
Let me assure you, there is a rampant major problem with Web/computer companies proudly admitting they comply with court orders for disclosures with no sign of awareness or acknowledgment of the law governing principal-agent, generally requiring notice first before disclosures (allowing legal challenges to the orders before all is lost once “the cat's out of the bag”). With the massive number of attorneys using various devices, including phones, and Android too, Hopefully, This Will Be Taken Seriously And Reviewed.
Incidentally, it is imprudent to rely upon common contract law provisions, especially when dealing with attorneys and involving this matter. ᶠⁿ¹
ᶠⁿ¹ Attorneys do not disclose matters to their spouses but get real, more discretion is needed with other attorneys at lunch (no phony excuses now!).
However, their tactics are outrageous for all, denying basic online individual dignity in privacy, and they must understand this. A billionth of a penny profit per strike, sure troubling massive invasion by greed to so many, should lead to an awakened conscience. It is beyond me so, I pray at least some will acknowledge the truth, accepting a radical reorientation of life and actions accordingly.
(a) Realistically, Morally Based, Web “Change in the Time's” Mindset Pervasively Disregards Morals and Spirituality, Virtually All Underestimate
“basically, lying in wait”
This relatively new technological phenomenon, the age of the “great” Web/computer, cannot uproot what has been set from the beginning, and forever, moral principles within spiritual foundations.
(i) Benefiting With Inherent Disregard for Others
I mentioned above praying for those of concern, addressing them here to consider what they already perceive to no less than some minimal extent. Not believing in God does not rule out having morals. Using your heart, at least see moral validity, whether the details are correct:
Gaining information, all too often highly personal information, at least to the person it involves, other than reasonably and realistically with their actual awareness and well-informed consent (despite pervasive fast and easy contract law reliance nonsense), then benefiting from it, carries an inherent disregard for others. This forms a part of one's entire lifestyle. Virtually all have subtle awareness that some are being wronged. I refer to it as “change in the time's blindness”, flawed business/work ethics for many.
It defies the foundation upon which at least all of Christian Sacred Scripture is based, all-important love, love for God and neighbor, as clarified, even including enemies. Do not rule out what may be a safe truth perhaps, a lifestyle with a sense of stealing. This seemingly benign, subtle near-blindness as it is, should have a sense of at least some consequence by God.
Only some actions, tactics, and resources, have been outrageous privacy exploitation, much of it significantly hidden, basically, lying in wait, and contract law abuse, supported by, or besides seizing business, economic and technological leverage or advantage (on the public, even some on others in the field).
Virtually everyone, the public included, has been clouded by this change in the times and flawed business/work ethics excuses falling short. What has this world come to, with the public substantially in a docile submission yet?!
4. Contract Law Abuse is Most Rampant; Count Again
The wrongful motive of retained security dependency has been obvious in the past by the programming practice of my PC software company. However, the programming even went so far as to make matters worse the longer I did not comply with its false warnings or warnings that could not be followed due to impossibility. Unbelievably, I was eventually stripped of administrator status without the ability to even set up a new Internet connection on a computer that I rightfully owned. You can believe, as they do, that and all other types of damage and wrong on their part are covered in their contract. Clear contract law abuse is rampant in the technical fields involving the Web and computers, including fast and easy too. So expect some mention on it to follow this, with a warning for the comfort zone some believe they can continue enjoying with their army of attorneys (and best count again, they may amount to less than one).
5. A True Profession; Lacking Broad Governmental Ethical Regulation
Aspirationally, there should be federal governmental professional ethical regulation, but at least broad state governmental professional ethical regulation should be in place, which is not the case. How long are such highly skilled individuals in Computer Science, Software Engineering, and related fields going to be allowed to cast technical explanations disguising self-serving motives near-impossible for others to detect, yet legally challenge?
Protection of the public requires their concern over ethical enforcement powers of a competent investigating and decision-making body of similar experts. More general federal congressional laws in the field will not achieve much because they are not imposing that required concern. Consider the members of regulated true professions that carry this necessary burden of concern. Their members can be ordered, but in effect told they are out of “business”, so to speak, permanently or temporarily here and now. It is a deep concern always in the back of their minds, ever-present daily, and considered with every word and with every action, seriously. Their regulation would make a world of difference.
Considering intellectual challenge, it is a true profession (and some), regardless of any criteria defining a profession, with covered technical levels even broadly defined. These “hacker” geniuses need a new perspective, anyway. They may even aspire to a different vocabulary!
6.
“We the people of the United States....”; Although Major Correction Await, Some Action is Beginning
Web/computer company prosperity has been extreme, resulting in gigantic entities. I will never get over a sense of near-immunity from wrong in reaching their size and flabbergasted how they pulled this off, pockets still full as contract law and other abusive tactics to the public continue to this day. Nationally, it erodes the spirit and sense of democracy, but it is outright patent, lackadaisical and demeaning in this field. Without permission, some even change contract law/privacy set options on their own initiative to their self-serving benefit, patently yet. Business or not, correction is gradually expected to an erosion in the spirit and sense of democracy, but outrageous tactics perhaps even wrong in China or Russia upon our citizens, not corrected by now seems ironic, to say the least.
Many of “the people of the United States”, common citizens, would agree that abuse is significant. Those reaping benefit the most have been offending the public the most (perhaps even national prosperity in business competition others in the field have experienced).
In the United States, where prompt corrective action within this profession should be taken, it is usually expected by government regulators and, to some degree, the civil process of the courts. As a relatively new technology over the past few decades,
naturally, government regulators and others have been behind. Major correction to the state of affairs is inevitable.
Although adequate regulation will take some time, at least some heads are rolling. The pressure is on with recent requests for Federal Trade Commission (FTC) help by most state attorney generals across the nation, about 80%, because of its broader overall capacity, including federal jurisdiction. This highlights state submission to, and dependence upon federal regulation, likely expanding federal oversight and caseload capacity, including the FTC. As more
experienced attorneys gradually become part of the whippersnapper genius group, so to speak, with less uncertainty drafting court documents and more confidence in technological evidence, expect more regulation through individual actions, government regulators too. There is reason to foresee the possibility of a new department of the federal government in the distant future devoted to Web/computer profession regulation.
(a)
Big Brother and the California Consumer Privacy Act
Thanks to some of our big brothers, a fine example, proudly, our mighty brother the State of California, they are currently providing the federal government with a base to prompt them up into action,
hopefully only, sometime soon. It is the
California Consumer Privacy Act that became effective on January 1, 2020.
See links to it, including other helpful information with it, below, at “8.
Helpful Information and Links for Some Matters”. The Fed will have to significantly enhance it, especially joining within it adequate resolutions for our current
major privacy-policy-disclosure, etc.,
contract law abuse problems. This necessarily includes straightforward pathways, overriding any claimed contract law-based defense or otherwise, allowing an individual legal and equitable cause of actions for consumers (class actions too), and for them only, if they prevail, an award of their reasonable
actual attorney fees, with a set minimum. To be
realistic, there should be other consumer remedies or relief, regardless of forum, if any, even sanction and penalty forms of relief and whether special damages in nature, perhaps even treble damages in nature too (jail?).
All of this, realizing it is a lot, until their true professional recognition and federal licensure arrive, without the ability to “clean their clocks”, we will Never clean this up once and for all.
7.
Facing Law or Equity; The True Recount
Numbers do not count as much with law. Law or equity provides for their needs with one competent attorney's ability to take down a giant, and an army of attorneys,
truly. I realize many readers cannot understand this. Also, state and federal government attorneys are actively assigned to this area. Fast and easy, no, generally, subject to many variables, you cannot rely on contract law to protect those mentalities and their entity behind its false, fraudulent, misleading, or deceptive practices. At times, they all join in Consumer Protection or Deceptive Trade Practices actions, even cooperation/enforcement in Computer Fraud and Abuse criminal actions/ensuing private right of actions.
ALSO, SEE 8. BELOW, Helpful Information and Links for Some Matters Above
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NOTE any of the following when relevant:
1) State deceptive trade practices laws and state consumer protection laws often override contract laws. See their state chart link below.
2) With the advice of an attorney, consider a reasonable request for equitable relief in your complaint, possibly providing other benefits, merely one example, injunctive relief elevating jurisdiction to circuit court from a district court in some states.
3) With the advice of an attorney, give at least some brief consideration to any reasonable basis for federal court jurisdiction and litigation.
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8.
Helpful Information and Links for Some Matters Above
(a)
Assistance or Guidance
1. Many offices of the State Attorney General will provide valuable assistance or guidance to laymen or guidance to attorneys, and retained counsel too.
2. FTC, Bureau of Consumer Protection | Federal Trade Commission. File a complaint assisting in
their own possible investigation and legal action. However, there is the possibility of obtaining valuable information, guidance to state legal assistance, and guidance, possibly even assisting or joining retained counsel,
Bureau of Consumer Protection | Federal Trade Commission
(b)
Information Resources & Research
1. JRank.org, information with a chart of individual state Deceptive Trade Practices laws (or state Consumer Protection laws), especially relevant to some issues discussed above, Deceptive Trade Practices laws - Information on the law about Deceptive Trade Practices - Attorney, Damages, Fees, and Consumer - JRank Articles.
2. Legal research/resources links, U.S. Department of Justice, all states, state & federal law, courts, & general legal resources links,
State & Federal Court Resources | JMD | Department of Justice;
3. Very good legal research resources, LII / Legal Information Institute, Cornell Law School,
LII / Legal Information Institute, Cornell Law School.
4. The
California Consumer Privacy Act, and information on some federal privacy laws (within California state privacy laws information),
California Consumer Privacy Act (CCPA) Home Page;
Wikipedia - California Consumer Privacy Act;
Some Federal Privacy Laws Information within State of California Privacy Laws Information.
Sincerely,
/
L.S./ flawpc
NOTICE and DISCLAIMER: This article discusses general legal issues of interest and is not designed to give any specific legal advice on any specific circumstances. Professional legal advice must be obtained before acting upon any of the information contained in this article.
NOTE: I respect privacy, do not engage or willfully assist in tracking, or anything of that nature, concerned in matters such as this, hoping others would feel the same.
