U.K. Grandmother Wins Right to Use Daughter’s Frozen Eggs to Give Birth to Grandchild

Would you ask your mother to carry a child for you?  It’s obviously not the most ideal situation, but it’s not completely unheard of.  A U.K. woman has won the rights to use her deceased daughter’s frozen eggs to give birth to a grandchild.

The 60-year old woman fought The Human Fertilisation and Embryology Authority (HFEA) to allow access to her daughter’s frozen eggs, but was denied because the daughter had not given her full written consent prior to her death to allow her mother to be a surrogate.  The daughter, identified only as “A”, died of cancer at the young age of 28, but had expressed to her mother, identified as “Mrs. M”, that she desperately wanted her mother to have and raise her child after her death.

After being denied, the parents planned to take their daughter’s eggs to a fertility clinic in the U.S. to be impregnated with donor sperm, but HFEA refused to let the parents do so. The parents brought legal action and were denied by the High Court; among a myriad of reasons, the Court of Appeal ruled in favor of the parents and remitted the case back to HFEA for further consideration.

A daughter’s wishes should absolutely play a role in any decision about what’s to happen with her own donor eggs, but U.S. laws don’t always play by a biological (or contracting) mother’s wishes.

Some Surrogacy Laws in the U.S. Consider the Surrogate the Mother

There are cases throughout the U.S. where a grandparent gives birth to a grandchild via surrogacy. For those that desperately want a child and are unable to have one on their own, this can be a saving grace. I imagine in the cases, like above, where a grandparent is the surrogate this is a non-issue, but what happens when the surrogate doesn’t want to give the baby up to the contracting parents?  Legally speaking, many states would recognize the surrogate as the legal mother. Infant 2

Laws surrounding surrogacy aren’t regulated by the federal government, but rather the states are left to decide and they vary throughout the U.S.  Seventeen states are considered surrogate “friendly” and recognize some form of surrogacy agreement. There are however states, 5 to be exact, that absolutely refuse to recognize any kind of surrogacy agreement.

What does this mean?  Well, in those states that won’t recognize an agreement, the biological parents are out of luck if the surrogate decides to keep the baby—in these states, the surrogate is considered the legal mother of the child.

Surrogates and contracting parents in some states even risk potential criminal charges.  California recognizes all surrogacy agreements, whereas Michigan considers it a felony to enter into such a contract. You read that right, a felony!

Child Custody Goes to Legal Parent

What does that mean for the biological or contracting parents?  Would they have custody rights?  Just as with any other legal issues surrounding child custody, custody is going to whomever is considered the mother of the child according to state law, whether that be the birthing mother or the biological mother.

California says child custody will go to a contracting parent, regardless of biological ties.  Michigan says the woman that gives birth to the child is the legal mother of the baby, despite the fact that she may not have any biological ties.

In states like Arkansas, which has a strange mix of surrogacy laws, the biological father and his wife would be recognized as the legal parent.  This is true even if the wife isn’t the biological mother.  Seems a little strange, but if you had biological donors that were not married, then the biological mother could potentially get gipped out of legal rights.

In order for an unmarried biological mother to automatically get legal custody rights of the baby in Arkansas, the biological donor father would have to be from an anonymous donor. The woman that gives birth to the child is considered the legal mother of the baby, despite the fact that she may not have any biological ties.

Laws surrounding surrogacy are primarily geared towards the rights of the surrogate or the rights of the biological parents.  Wait a minute, anyone see something wrong with that sentence?  Of course the rights of a surrogate and contracting parents are important, but what about the rights of the child?  Although U.S. surrogacy laws are by far the most progressive compared to other countries, we still have a long way to go.

Pokémon Go and the Dangers That Come With It

It looks like Pokémon is back at it again. Pokémon Go, the latest product in the Pokémon franchise, has caught on like wildfire. This new app, developed by Niantic, brings a fresh perspective to gaming. Available on both iOS and Android devices, this mobile game allows players to catch Pokémon but must do so in real time. With GPS capability, the app pinpoints where Pokémon can be found and the player then must make the effort to actually go to these locations.

Once there, the player can then attempt to catch the Pokémon. These Pokémon can be found in various locations, from your backyard to public venues and even in government facilities such as courthouses. As this game takes the world by storm, the dangers of this form of gaming have become more apparent. Just as texting and driving has been such a big problem, the same issue could arise with this new app.

Potential Hazards

The Pokemon app demands that the player explore the outdoors if they want to catch Pokemon. Irrespective of this game, mobile devices can be dangerous. Texting and driving has been one of the leading causes of death in the past few years. Pedestrians too have put themselves in risk of danger by crossing the street carelessly while being preoccupied with their smart devices.

Surely, this Pokémon app could pose similar dangers. The game has been out for less than two weeks and there are already news reports of such accidents. One victim reported that he was “wandering aimlessly looking for Pokémon” when a car clipped him. As the game picks up speed, similar reports will undoubtedly come in. Now the question becomes, what can be done about this? Pokemon Go 2

To address this issue, let’s look back at some of the solutions that were reached when it came to driving and texting. For one, California imposed a law that would fine people who were driving and texting. Without a doubt, this has had deterrent effects. Looking at the accident reports as a whole, the numbers have waned due to this law. Can a law be enacted mandating that gamers not cross the street while playing Go?

Now this sounds silly but there have to be some measures that can be taken. Obviously the same aforementioned law applies here because the Go is a mobile game and as such, is on a mobile device. Ultimately, the question becomes what measures can be taken to prevent such incidents from happening and who should be held responsible for them?

Comparative Negligence

The gamer should obviously be held responsible for being careless and negligent. Of course, the degree of blame should also depend on who the gamer is and in particular, how old they may be.

If a 12-year-old has carelessly walked into the street, then they might not have known any better. Now, if it was a fully grown adult doing the same, then this could change things. Comparative negligence, which is the standard of fault in California, adjusts the degree of fault for all the parties involved, depending on the circumstances of the case. This standard applies primarily to personal injury lawsuits. For example, if the gamer is crossing the street when he should have stopped, then the driver who hits this person will not be entirely at fault for the accident.

The point being, if more states adopted this comparative negligence approach, it would make life a whole lot easier for both parties involved in the accident. It also provides a deterrent. The gamer so preoccupied with catching his Pokémon will stop and think because now he knows under this framework, he would potentially have to pay for his own injuries if he isn’t careful. At the same time, the driver will have a defense, which is that the Pokémon devotee was being rather careless.

Trespass

Now this comparative negligence approach is not universal in that it does not apply to all incidents. It applies mainly to personal injury lawsuits. For example, what would happen if the player finds himself in someone else’s private property and the property owner decides to take matters into his own hands? How should this be resolved? Obviously not through the comparative negligence standard.

Each state has its own particular set of laws with regards to gun control and what trespass dictates. These sets of laws will help guide the well-being of people. For now, we will just have to wait and see what our legislators will do in response to this new groundbreaking form of entertainment. This only feels like the beginning. With virtual reality and this “augmented” reality taking shape, who knows which direction we’ll be headed from both a lifestyle perspective as well as a legal one. For now, enjoy and make sure you catch as many lovable Pokémon as you can. Safety first though.

Other Legal Considerations

As mentioned, Pokémon Go is sending ripples through the legal space. Besides personal injury, other areas of the legal field that are facing questions due to the Go are in privacy and intellectual property. In terms of privacy, it is a question of how to protect individual privacy. Go collects account information, location data, and other such data collected through web beacons and cookies.

There are also certain privacy issues at play here. How far can Niantic go in acquiring such data and what can they use this data for other than the game itself? There are intellectual property issues as well. Does catching a Pokémon make that Pokémon your personal intellectual property? This is a bit absurd but it is questions like this that have been coming up. In the meantime, we are left to ponder how this new gadget is changing the legal landscape.

Facebook Accused of Funding Terrorist Activity

Facebook is being accused of funding terrorist activity in the West Bank region. A family of Israeli and American citizens have brought forth a lawsuit seeking $1 billion in damages from Facebook for supposedly funding Palestinian military attacks. Palestine and Israel have been in conflict for many decades now and it is an issue that has no end in sight.

There are many underlying factors to the conflict, including religious difference, territorial claim, and regional dominance. Countless lives have been lost from both sides. The plaintiffs too have lost relatives in the conflict and they now seek damages from Facebook because they believe Facebook has supported Hamas in its attacks against Israel. Hamas, which is a pro-Palestinian movement, has been considered a terrorist organization by many nations.

Myriad of Accusations

This is not the first time that Facebook has been accused of such claims. Other such claims against Facebook are that, as a conduit of information, it gives FBI access to its user accounts, or that Facebook has some sort of hidden agenda unbeknownst to the general public. Of course, there is not much evidence to support such claims yet these charges do pop up every now and then. And it is not just Facebook.

Other social media outlets such as Twitter have been under attack too for supposedly promoting terrorism. ISIS, which has been grabbing headlines for the past few months, has been using the Twitter platform as a means of recruitment and sending out its message, and Twitter has seemingly done nothing to stop this.

Facebook and Twitter Comparison

For sake of comparison, the Twitter and Facebook claims have similarities and differences. In Twitter, there is indication that ISIS is using the platform as a vehicle to promote its agenda. However, under the First Amendment, which permits freedom of speech and press, it is hard to charge someone simply for expressing their viewpoints. Granted, ISIS propaganda should be put to a stop but where do we draw the line.

Should constitutional rights be diminished in order to promote national security? The government should not violate First Amendment rights when it can help it. There are times when the government, for security purposes, will make an exception. In any event, the benefit of the doubt will be given to the Constitution. Not all ISIS related posts will be grounds for criminal charge. Hamas Facebook

Likewise, with Facebook, if there are posts on the platform that in some way support Hamas, this is not grounds alone to go after a user, let alone Facebook itself. Under the Communications Decency Act of 1996, service providers such as Facebook and Twitter cannot be held personally liable for content that is published by their users.

The difference between the two scenarios however is that there is no indication that Twitter directly promotes ISIS activity. However, with Facebook, although there is currently not enough evidence, if it was established that Facebook did directly support Hamas through promotional material or other means not associated with user content, then there might be a valid claim. Even then, the First Amendment might prevent such claims. Until more hard evidence actually emerges, it will be very difficult for these grieving families to put up a decent claim against Facebook.

Many times, false accusations are thrown at big corporations such as Facebook in the hopes that that they can snatch the big prize. I am not implying that these particular plaintiffs fall in this category, but false accusations are common, especially against a large corporation such as Facebook. Media conglomerates such as Fox and Time Warner have been accused of such things too. It does not start and end with media industry either. Sometimes, these accusations should be taken with a grain of salt.

Preemptive Measures

People are not yet ready to give up their basic rights. As Benjamin Franklin said, “Those who surrender freedom for security will not have either one.” This is a powerful statement that resonates today with all of us.

However, Ben Franklin lived in a completely different time with very different issues at play. Today, international terrorism has become a huge threat and only tightening down on security measures can we hope to combat such a threat. If it means giving up some rights for the greater good, then this is something that we should consider.

And just as these social media outlets are used by terrorist organizations to convey their message, they can also be used to create awareness among communities to unite and stand against such a threat. Social media has been the trigger for many events these past few years, such as the Arab Spring and the Brexit deal.

Social media is a powerful tool that can be used to bring change, for better or for worse. Who uses it and how they use it can have consequences as well. Preemptive measures can be taken through these outlets to combat terrorism and to address other issues as well.

Should Suspected Criminals Expect Any Right to Privacy?

What sort of measures should authorities be allowed to take to capture alleged criminals? On June 23rd, a federal judge ruled that the FBI didn’t need to obtain a search warrant before they hacked into the computer of a man who had allegedly viewed child pornography. In his ruling, Judge Henry Morgan argued that the defendant, Edward Matish, had no “reasonable expectation” of privacy in his IP address.

 Should the Government Be Able to Use Any Technology to Catch Criminal Activity?

The case against Edward Matish centered around a child pornography site, Playpen, that was only accessible through Tor, a browser designed for anonymous web surfing. After taking control of Playpen in early 2015 (and arresting its operator), the FBI secretly gathered information about its users through a tool known as a NIT, or network investigative technique, that let investigators see the IP address of each individual who logged on to the site.

Attorneys for Matish said that the evidence gathered by the FBI’S NIT should not be allowed to be presented in court. After all, his attorneys argued, there was no search warrant specifically naming Matish when the FBI hacked into his computer. FBI

However, Judge Morgan took the opposite view, stating that in Matish’s case the government’s duty to protect its citizens superseded any concern over Matish’s privacy in the face of electronic surveillance. In his remarks, Judge Morgan added: “The Government should be able to use the most advanced technological means to overcome criminal activity that is conducted in secret.”

Interestingly, not all cases involving people who were unknowingly put under digital surveillance before being accused of viewing child pornography have ended in a ruling like the one levied against Edward Matish. Federal judges in at least two similar cases have ruled in favor of the defendant, saying that the FBI’s Virginia-issued warrants (which called for the use of the FBI’s NIT) were invalid because the defendant’s alleged crimes did not occur in Virginia.

If the government’s duty to protect its citizens is so powerful, why didn’t federal judges in other cases involving underground child pornography declare the FBI’s NTT warrants valid? Could those other federal judge’s rulings signal that the FBI’s use of digital surveillance techniques is not always the best option in rooting out criminals?

But Shouldnt the Government Do What It Can to Root Out Child Pornography?

One of the issues raised in United States v. Matish was whether the defendant’s Fourth Amendment right against unreasonable searches and seizures by the government was violated when the FBI hacked his computer. Whether a search is considered reasonable under the law is determined by considering whether the government’s legitimate interests, such as public safety, outweigh an individual’s right to privacy.

In other words, the government has to decide whether a crime’s danger to the public is even more pressing then the alleged criminal’s Fourth Amendment rights.

Judge Morgan cited a Supreme Court decision to bolster his reasoning that the FBI’s actions in Matish’s case amounted topeering into a gap in closed blinds, “which does not violate the Fourth Amendment. Judge Morgan’s choice of words, which conjure up the FBI taking only a quick glance at the underground child pornography site, do not seem to align with what actually occurred in the investigation.

In fact, the FBI gathered Playpen users information over the course of 13 days, using their NIT that some have characterized as “malware.” The FBI has actually taken steps to keep the code to the NIT used in the Playpen investigation secret, calling it a matter of national security.

Judge Morgan’s assertion that Edward Matish had no “reasonable expectation” of privacy in his IP address drew outrage, even in the face of the defendant’s alleged viewing of child pornography. Privacy advocates argued that the implications of Judge Morgan’s ruling were staggering–that it set the precedent for law enforcement to remotely search and seize information from anyone’s computer without a warrant or even probable cause.

While some might argue that the capture of someone who has allegedly viewed child pornography is more important than any concern about the government violating their privacy, a couple of questions cannot be ignored. Does anyone, according to Judge Morgan’s logic, have a reasonable expectation of privacy in their IP address? And what other ways could the government employ the use of NIT in the future?

Pokѐmon Go Privacy Problems: The Legalities of Mobile App Data Collection

Pokémon Go is the most popular mobile game in U.S. history. In the 24 hours after its release last week, it surpassed the daily active users numbers of every other mobile game that has ever existed—attracting nearly 21 million active users at once.  As a user myself, I can say that when the servers of the game are working properly, it’s a heck of a good time.

The game was created by Niantic and the Pokémon Company and allows users to roam the streets catching Pokémon in an augmented reality version of the real world. So successful is the game that Nintendo’s minority share in the game has boosted their market value by $11 billion in the week or so since it hit the market.

The game is free to play but features a number of available microtransactions—digital offerings within the app itself—to bring in money. However, like many mobile games, this is not the only source of revenue.  The app also collects personal information from its users, which it then strips of identifying information and sells to would-be advertisers.

In the last few days, this data collection has drawn the concern of not only users, but also U.S. Senator Al Franken. He has gone on record with serious concerns about the overreach of the privacy policy of the app—especially considering how many children it counts as users. The whole kerfuffle began in response to a blog post revealing that among the permissions you granted Niantic by creating an account was—for iPhone users using a Gmail to sign in—full access to your Google account.

The Pokѐmon Privacy Policy

The concerns, now known to be slightly alarmist, suggested that the permissions gave Niantic read/write permission for your emails, access to your Google Drive, and even the ability to pilfer your Google Wallet. This came as a heck of a shock to users, because, although the Pokѐmon Go Privacy Policy is available online, there was no indication such access was being granted when users made an account.

Since the initial accusations a few days ago, it has been established that Niantic did indeed get full access to your Google Account, however it was not quite the insidious plot that was initially insinuated. Pokemon Go

Niantic issued a statement that the overreach in permission was a mistake and the access had never been taken advantage of—an assertion that Google has verified.  What’s more, while the permissions did give Niantic potential access to a substantial amount of biographical information such as your email address and phone number, they did not have access to any emails, Google Drive, or Google Wallet.  Niantic patched the access out of the app days after the concerns were raised.

However, don’t let these developments completely send your privacy concerns over Pokѐmon Go blasting off again. If you have not yet updated the app, do so in order to patch out the access to your Google account.  What’s more, it is important to stay informed about exactly how much information you agree to share by making an account or clicking “yes” to those Terms & Conditions.  Pokѐmon Go is still collecting a staggering amount of information on you for later sale.

By using the app, you are accepting that Pokѐmon Go will collect data from you and use it in accordance with their posted privacy policy.  As it stands, they collect your Internet Protocol (IP) address, browser type, operating system, the web page you visited before going on Pokѐmon Go, anything you click on or go to while using Pokѐmon Go, how long you stay on pages you go to, search terms, and more.  Also, because Pokѐmon Go uses GPS tracking to determine where you are and thus which Pokѐmon are around you, the app collects where you go, where you left from, how long you take to get somewhere, and how long you stay at any given location.

Once this data is collected Niantic, per their privacy policy, strips identifying information from the data and pools it together to sell to advertising companies.  If the company or Pokѐmon Go is ever purchased, all this information is part of what will be purchased.

This probably seems like an incredible amount of information for strangers to know about you—and it is. Unfortunately, the only way to avoid this data collection (as with many apps) is stop using Pokѐmon Go.  What’s more, the practice is both common and perfectly legal when done carefully.

Mobile App Overreach: An Ongoing Problem

The Federal Trade Commission requires that mobile apps clearly disclose their privacy policies and what sort of information they collect. They also require that businesses give users an option to decline collection—although that can just mean letting them choose not to use an app.  Failure to do any of these things, or to comply with your own privacy policy, can give rise to an FTC charge of deceptive practices.

For example, Runkeeper is a jogging app that has recently been in hot water for tracking your location—when the app is not active. This information is then sent to advertisers.  In 2012, a social media app called Path got in trouble for taking its users’ entire address book without their knowledge.  They settled an FTC charge, paying $800,000.

Apps that seek overreaching permissions, a perfectly legal practice, unless state law says differently, when properly disclosed, are also common. In 2015, it came to light that quite a few third-party flashlight apps were asking for a lot more permissions on your smartphone than they needed.

Many of the apps has the ability to read phone status and identity, view Wi-Fi connections, modify system settings, obtain full network access, and determine your precise location via your phone’s GPS, among other permissions. This was quite an ask for an app that is primarily for finding your keys when they fall under your car seat.

It’s not surprising that people were sensitive to potential privacy issues with Pokѐmon Go given the history mobile apps have with overreaching permissions and privacy law violations. A huge portion of apps include data gathering of some kind as part of how they make their money—especially free to use apps.

Even if you trust a business with this information, that same information makes them a target for hackers. The sheer popularity of Pokѐmon Go, combined with its ability to track your location, means that it is going to be capable of nearly unprecedented data collection.  While Niantic has a solid privacy policy and has complied with FTC privacy regulations, it still can be a privacy risk given how much information is going to pass through its hands.  Don’t let this stop you from catching them all—just remember to know what you’re getting into with Pokѐmon Go and any app you use.



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