It’s the hypocrisy that bothers me first. Lawmakers at the National Transportation Safety Board have recommended that states lower the legal blood-alcohol concentration for drivers from .08 percent to .05 percent. For a normal-sized person, that’s going to be little more than a glass of wine with dinner. For a guy like me, that means I’ll only be able to have one bottle of whiskey. In a country that claims it can’t be bothered to run a simple background check before allowing people to legally purchase military grade weapons over the internet, we’re thinking of criminalizing having some wine with dinner and then driving home.
I suppose you could have all the alcohol you want if you drive home in a freaking tank, because as long as there is a gun involved, the government isn’t allowed to do squat.
But even if we ignore the hypocrisy and move past the obvious enforceability problems of turning nearly everybody on the road after 1:00 a.m. into a criminal, there’s still another huge problem with this NTSB recommendation. It’s a “national” standard for what absolutely is a state-by-state concern.
That’s right, I said it, I object to this recommendation on federalism grounds….
* Apparently Gloria Allred will only take male clients if they’re controversial enough to keep her in the limelight. She’s representing the alleged sex abuse victims in a suit against Syracuse and basketball coach Jim Boeheim. [CNN]
I’ve been writing about electronic discovery for almost three years now. I’ve learned that most of the time, it’s not worth trying to interest non-attorneys in the subject. My friends’, family’s, and girlfriend’s eyes glaze over pretty quickly when I started mentioning the EDRM model or document review.
So when I saw the story early this morning about big e-discovery news in the litigation following a tragic plane crash, at first I thought I had misread something.
On February 12, 2009, Colgan Air Flight 3407 crashed near Buffalo Niagara International Airport in New York, killing 50 people. Later that year, authorities blamed pilot error for the crash. Unsurprisingly, families of the victims have sued the airline for failing to provide trained, capable, and rested pilots. This week, attorneys for the families released internal company e-mails that appear to show Colgan knew the pilot of the doomed flight was having serious problems.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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