Did the FCC Just Kill the Internet?

ftc_logo_430Federal Trade Commission (FTC) Acting Chairman Maureen K. Ohlhausen issued the following statement in response to today’s vote by the Federal Communications Commission (FCC) on the Restoring Internet Freedom Order regarding net neutrality:

“The FCC’s action today (December 14, 2017) restored the FTC’s ability to protect consumers and competition throughout the Internet ecosystem. The FTC is ready to resume its role as the cop on the broadband beat, where it has vigorously protected the privacy and security of consumer data and challenged broadband providers who failed to live up to their promises to consumers. In addition, the FCC’s new transparency rules provide additional tools to help ensure that consumers get what they expect from their broadband providers, who will be required to disclose their traffic management practices. The Memorandum of Understanding establishes a framework for FTC-FCC cooperation. Together we will move ahead to protect consumers and help ensure they enjoy the many benefits of online innovation.”

So did the FCC just kill the internet?  Probably not, but time will tell.

If you or your business have legal questions or concerns regarding communications law, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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PSP Issues Notice to Act 235 Agents Regarding the Anderson Decision

As our viewers are aware, in August of this year, a devastating en banc opinion was issued by the Pennsylvania Superior Court in Commonwealth v. Anderson, where it ruled that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless of the language in Act 235 that requires a private security guard carry his/her certificate when “on duty or going to and from duty and carrying a lethal weapon.”

Today, the Pennsylvania State Police issued a notice to all Act 235 agents informing them of the decision and stating that it would be advisable for them to obtain a license to carry firearms. Specifically, the email notification declares:

Dear _____,
Please note that in August 2017, the Pennsylvania Superior Court issued an opinion in Commonwealth v. Anderson, ___ A.3d ___ (Aug. 23, 2017), and ruled that an Act 235 certification is not a substitute for a license to carry. Agents are reminded of the Regulations governing Act 235, at Section 21.26(d), which state “The issuance of a certification card to a privately employed agent does not grant the agent the right or privilege to carry, possess, own, or have under his control a firearm contrary to 18 Pa.C.S. § § 6101—6120 (relating to Uniform Firearms Act).” In light of this ruling, it may be prudent for agents to obtain a license to carry their firearms while in an off-duty status, including traveling to and from places of employment, or in instances where agents are required to conceal a firearm on duty, including loaded carry inside of a vehicle. Agents should direct questions regarding this to their employers.
Sincerely,

Major Troy S. Lokhaiser
Executive Director

As I originally stated in the blog article from August 24th, if you are an Act 235 security guard, it is now imperative that you obtain a license to carry firearms, immediately. Likewise, if you are a law enforcement officer, including constable, sheriff, deputy or police officer, even a Pennsylvania State Trooper, you must immediately obtain a license to carry firearms, based on the Superior Court’s decision in Anderson.

If you or someone you know is being prosecuted for carrying a firearm absent a license to carry firearms, contact FICG today to discuss your options.


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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Fraud alert, freeze or lock after Equifax?

After the Equifax breach, clients and friends have been coming to us with questions. Some people are considering placing a fraud alert on their credit file. Others are thinking about freezing or locking their credit files to help prevent identity thieves from opening new accounts in their name. Here are some FAQs to help you think through your options.

FRAUD ALERT

  • What is it? A fraud alert requires companies to verify your identity before extending new credit. Usually that means calling you to check if you’re really trying to open a new account.
  • How does it work? The process is easy – you contact any one of the three nationwide credit reporting agencies (Equifax, Experian, TransUnion) and that one must notify the other two.
  • How long does it last? An initial fraud alerts last 90 days. After 90 days, you can renew your alert for an additional 90 days, as many times as you want. Military who deploy can get an active duty alert that lasts one year, renewable for the period of deployment. Identity theft victims (whose information has been misused, not just exposed in a breach) are entitled to an extended fraud alert, which lasts seven years.
  • How much does it cost? Fraud alerts are free.
  • Is this for me? With a fraud alert, you keep access to your credit and federal law protects you. But an initial fraud alert lasts only 90 days and then you’ll need to remind yourself to renew it every 90 days.

CREDIT FREEZE

  • What is it? A credit freeze limits access to your credit file so no one, including you, can open new accounts until the freeze is lifted.
  • How does it work? To be fully protected, you must place a freeze with each of the three credit reporting agencies. Freezes can be placed by phone or online. You’ll get a PIN to use each time you freeze or unfreeze, which may take one to three business days.
  • How long does it last? A freeze lasts until you temporarily lift or permanently remove it (except in a few states where freezes expire after seven years).
  • How much does it cost? Fees are set by state law. Generally, it costs $5 to $10 each time you freeze or unfreeze your account with each credit reporting agency. You can get a free freeze if you are an identity theft victim, or in some states, if you’re over age 62. Equifax is offering free freezes until January 31, 2018.
  • Is this for me? Freezes are generally best for people who aren’t planning to take out new credit. Often, that includes older adults, people under guardianship, and children. People who want to avoid monthly fees also may prefer freezes over locks.

CREDIT LOCK

  • What is it? Like a freeze, a credit lock limits access to your credit file so no one, including you, can open new accounts until you unlock your credit file.
  • How does it work? Like a freeze, to be fully protected, you must place locks with all three credit reporting agencies. With locks, however, there’s no PIN and usually no wait to lock or unlock your credit file (although the current Equifax lock can take 24 to 48 hours). You can lock and unlock on a computer or mobile device through an app – but not with a phone call.
  • How long does it last? Locks last only as long as you have an ongoing lock agreement with each of the credit reporting agencies. In some cases, that means paying monthly fees to maintain your lock service.
  • How much does it cost? Credit reporting agencies can set and change lock fees at any time. As of today, Equifax offers free locks as part of its free post-breach credit monitoring. Experian and TransUnion may charge monthly fees, often about $20.
  • Is this for me? Depending on your particular lock agreement, your fees and protections may change over time. So, if you sign up for a lock, it’s hard to be sure what your legal protections will be if something goes wrong later. Also, monthly lock fees can quickly exceed the cost of freezes, especially if the lock fees increase over time.

The FTC has more information for consumers about protecting their identity, including Credit freeze FAQsFraud alert or credit freeze – which is right for you, and Free freezes from Equifax. Also, check out the FTC’s resource page about the Equifax data breach. And if your personal information has been misused,  visit IdentityTheft.gov to report identity theft and get a personal recovery plan.

Initial fraud alerts, credit freezes, and credit locks: What’s the difference?
What you should know about Initial fraud alerts Credit freezes Credit locks
Purpose Verify your identity before extending new credit Restricts access to credit file to prevent identity theft
Legal protections Based on federal law (Fair Credit Reporting Act) Based on state law Based on consumer’s lock agreement with each credit reporting agency (CRA)

Varies by CRA & may change over time

Fees Free
  • Free from Equifax until January 31, 2018
  • Free for id theft victims & in some states free for people over age 62
  • Otherwise, $5-$10 per credit reporting agency (CRA) each time you freeze or unfreeze
  • Free from Equifax, as part of free credit monitoring service
  • Otherwise, CRAs may charge monthly fees
  • Monthly fees may change
Links Place a fraud alert with any one of the three:

Place a credit freeze with all three:

Place a credit lock with all three:

Turning them on and off A fraud alert:

  • Lasts 90 days
  • Can be renewed for free for an additional 90 days, as many times as you want
To freeze or unfreeze:

  • Online or by phone
  • Requires a PIN
To lock or unlock:

  • Online only
  • No PIN required

Downloadable PDF version

If you or your business have legal questions or concerns regarding disaster preparedness, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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10th Annual Prince Law Offices, P.C. Community Meal!

Saturday, December 9, 2017, Prince Law Offices, P.C., will host its 10th annual Community Meal at its Reading office, located at 42 S. 5th St., Reading Pa. (the Community Meal will actually be held behind the office, off of Wood St.). Every year, between Thanksgiving and Christmas, Prince Law Offices hosts this community meal for anyone who wants a hot, home-cooked, meal with all the fixings.

This year, we will have 6 chuck roasts, each about 30 pounds, 80 pounds of chicken, an assortment of sandwiches, salad, all sorts of side dishes and deserts.

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Warren Prince, Founding Owner of Prince Law Offices, as well as renowned chef and foodie, will be slow smoking the roasts in his brick oven and our entire staff comes out to help distribute the food.

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We will start serving around 11am and continue until we run out or people stop showing up. Any remaining food will be donated to a soup kitchen. If you want a hot meal, or know someone who does, come on over and enjoy a meal that some people wait the entire year for!

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Are PA Medical Marijuana Patients Prohibited From Possessing and Purchasing Firearms and Ammunition?

Last week, Pennsylvania Governor Tom Wolf announced that the Medical Marijuana Program Patient Registry had reached 3,800 registered patients in its first week of registration. While individuals may be able to lawfully possess marijuana in Pennsylvania under Pennsylvania law if the person is registered on the Patient Registry and has been approved for use by a qualified doctor, Federal law still provides that the possession and/or use of marijuana is unlawful, as a Schedule 1 drug.

Although we have written extensively about the fact that marijuana is federally prohibited and that ATF revised the ATF 4473 form to reflect such, few individuals appear aware that they lose their right to keep and bear arms if they are a current user of marijuana, even if approved for use by a qualified doctor. (As many people are confused, a doctor cannot prescribe marijuana, due to Federal law, but can suggest to a patient that he/she utilize marijuana).

On the most recent version of the ATF 4473, it reflects under question 11e.:

e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

As a result, more than 3,800 residents of Pennsylvania have presumptively become prohibited under Federal law from possession and purchasing firearms and ammunition.

Moreover, individuals who live in households where a registered medical marijuana patient resides, need to consider the potential ramifications of their own rights to keep and bear arms.

If you are concerned about whether you have lost your right to keep and bear arms as a result of Pennsylvania’s medical marijuana program or your residing in a residence with a medical marijuana user,  contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

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Superior Court – Does Natural Corrosion of a Firearm Serial Number Violate Pennsylvania’s Uniform Firearms Act?

Yesterday, the Superior Court issued its decision in Commonwealth v. Ford, 196 ED 2016, in relation to whether natural corrosion (i.e. rust) over a firearm serial number constitutes a violation of Pennsylvania’s Uniform Firearms Act for purposes of possession of a firearm with an obliterated serial number.

Section 6110.2 provides in pertinent part:

No person shall possess a firearm which has had the manufacturer’s number integral to the frame or receiver altered, changed, removed or obliterated. 18 Pa.C.S. § 6110.2(a).

It is important to note that even though the parties stipulated that “serial number on the handgun was obscured by corrosion [and] recovered by polishing,” Philadelphia Court of Common Pleas Judge Carolyn Nichols (the same Judge Nichols who just ran for and was elected to the Superior Court) found Mr. Ford guilty for possessing a firearm with an obliterated serial number.

Accordingly, the Superior Court framed the question before it as:

whether corrosion of manufacturer’s numbers renders them “altered, changed, removed or obliterated” within the meaning of section 6110.2.

After the court correctly noted that the phrase “altered, changed, removed or obliterated” was not defined, it turned to the ordinary dictionary definitions of these terms. After reviewing the definitions, the court held that:

section 6110.2 does not say that a crime takes place when a person possesses a gun whose markings have become illegible due to natural causes.

As a result, Mr. Ford’s conviction for possession of a firearm with obliterated markings was overturned.

If you or someone you know has been charged with possessing a firearm with an obliterated serial number, contact us today to discuss your options!

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The Dark Web: What you and your business need to know

ftcDuring a recent meeting at Prince Law Offices, P.C., we were discussing ransomware and the dark web.  The Federal Trade Commission (FTC) recently posted a helpful description of the dark web and how it may impact you and your business.

You probably have heard about the “dark web” and wondered how it affects businesses – including small businesses. That was one of the topics addressed at an FTC conference earlier this year on identity theft. Recent headlines about high-profile data breaches have added even more urgency to the discussion. So why should the dark web matter to your company? Unfortunately, when a business suffers a breach, the dark web is often the next stop that sensitive data makes after it’s been stolen.

What is the dark web?

It’s a term that describes places on the internet not indexed by traditional search engines. While not every site on the dark web engages in criminal activity, the dark web is where sites that illegally sell consumer data and other black market goods tend to congregate. For identity thieves, the dark web is a sophisticated marketplace providing one-stop shopping to get the tools to commit cybercrime – whether it’s malware kits, stolen account information, or “drop” or “cash-out” services to help monetize their crimes.

What’s the link between the dark web and a business that experiences a breach?

In many instances, data stolen from businesses ends up on the dark web where criminals buy and sell it to commit fraud, get fake identity documents, or fund their criminal organizations.

Dark web offerings often include but aren’t limited to stolen credit cards. Identity thieves also can get compromised bank accounts, health records, credentials, and forged documents. They can even buy entire wallets, complete with credit cards, driver’s licenses, and documents like Social Security numbers and birth certificates – everything a criminal needs to create a new identity.

 

 

How does the dark web impact small businesses?

With so much media focus on data breaches at companies that possess personal information about millions of consumers, some smaller businesses and organizations might think that cybercriminals wouldn’t target them. They would be wrong. First, the reality is that cybercriminals don’t always target a particular business. They often use automated tools to scope out vulnerabilities in any system, including small businesses. Second, as presenters noted at the FTC conference, information available for sale on the dark web is up to 20 times more likely to come from an entity whose breach wasn’t reported in the media. Many of these are smaller retailers, restaurant chains, medical practices, school districts, etc. In fact, most of the breaches the U.S. Secret Service investigates involve small businesses.

There’s another way that data breaches injure us all. Identity theft and fraud have become go-to methods for funding criminal activity in the U.S. and around the world.

And all of this data links back to a real person – your customer – whose life can be adversely affected. Turning their financial affairs into a Gordian Knot is just the start. Some people have had their licenses revoked, been pulled over and arrested, or had criminal warrants issued in their name because of identity theft. When their information is used to commit medical identity theft, even their health could be at risk. Criminals have been known to use stolen data to get medical care or prescription drugs in someone else’s name. When an identity theft victim’s medical records become commingled with a perpetrator’s health information, the consequences could be catastrophic.

What can you and your business do to reduce the risk that information you collect could find its way to the dark web?

It starts with security and continues with your commitment to stick with it. The FTC’s data security page has resources for businesses of any size and sector. If you have customers, employees, or friends who are victims of identity theft, encourage them to report it and get a customized recovery plan at IdentityTheft.gov.

If you or your business have legal questions or concerns regarding disaster preparedness, computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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