Tell the Smart House to Mind its Own Business!: Maintaining Privacy and Security in the Era of Smart Devices

Consumers want convenience. That convenience often comes in the form of everyday smart devices that connect to the internet and assist with daily tasks. With the advancement of technology and the “Internet of Things” in recent years, convenience is at our fingertips more than ever before. Not only do consumers want convenience, they want to trust that their product is performing the task that they purchased it for and not exposing them to danger or risk. However, due to the increasing capabilities and capacities of smart devices, consumers are less likely to realize the implications of what they are agreeing to when they purchase and begin using these products. This Note will focus on the risks associated with smart devices, using smart home devices as an illustration. These devices have the ability to collect intimate details about the layout of the home and about those who live within it. The mere collection of this personal data opens consumers up to the risk of having their private information shared with unintended recipients whether the information is being sold to a third party or accessible to a hacker. Thus, to adequately protect consumers, it is imperative that they can fully consent to their data being collected, retained, and potentially distributed. This Note examines the law that is currently in place to protect consumers who use smart devices and argues that a void ultimately leaves consumers vulnerable. Current data privacy protection in the United States centers on the self-regulatory regime of “notice and choice.” This Note highlights how the self-regulatory notice-and-choice model fails to ensure sufficient protection for consumers who use smart devices and discusses the need for greater privacy protection in the era of the emerging Internet of Things. Ultimately, this Note proposes a state-level resolution and calls upon an exemplar state to experiment with privacy protection laws to determine the best way to regulate the Internet of Things

Collective proceedings for damages in UK Competition Law. Case comment to the judgment Merricks v Mastercard [2019] EWCA Civ 674

Merricks v Mastercard [2019] is the first action under the newly developed ‘opt-out’ collective proceedings regime for aggregate damages under UK competition law to be considered by the UK Court of Appeal. It is significant for both the level of damages (£14 billion (€16 billion)) and the clarification of the legal test at the certification stage for the suitability for an aggregate award: the method for calculation of the aggregate damages and the sufficiency of evidence. The Court’s lowering of these thresholds importantly opens the door to future class actions and reasserts the importance of collective proceedings as a valuable means of redress for competition law infringements. The decision has now been appealed to the UK Supreme Court where these issues may be further clarified and resolved

The Duty to Deal under Section 46: Panacea or Pandora\u27s Box?

The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the Act ), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the production of another downstream product, but refuses to supply that input to certain potential suppliers of the downstream product or does so only on terms that render it impossible for those downstream firms to be effective competitors. Under s 46 of the Act, a duty to deal can be imposed on a corporation with substantial market power, and there have been several cases in recent years seeking precisely such a remedy. Hence, it could be argued that s 46 ought to be adequate to deal with whatever problems of access might arise as a result of privatisation and deregulation. This article attempts to demonstrate that the ability of s 46 to deal effectively with problems of access has been oversold. Indeed, we will claim that, except under special circumstances, any effort to impose a duty to deal on a monopolist will at best be ineffective and at worst be counterproductive. If significant pockets of monopoly power are likely to persist in some of the markets affected by recent legislative restructurings, other measures may be necessary if consumers are to enjoy the full benefits of competition. Such measures may or may not be forthcoming. But at the very least, Australian courts should not use s 46 in a way that reduces efficiency and operates to the long run detriment of consumers

The Duty to Deal under Section 46: Panacea or Pandora\u27s Box?

The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the Act ), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the production of another downstream product, but refuses to supply that input to certain potential suppliers of the downstream product or does so only on terms that render it impossible for those downstream firms to be effective competitors. Under s 46 of the Act, a duty to deal can be imposed on a corporation with substantial market power, and there have been several cases in recent years seeking precisely such a remedy. Hence, it could be argued that s 46 ought to be adequate to deal with whatever problems of access might arise as a result of privatisation and deregulation. This article attempts to demonstrate that the ability of s 46 to deal effectively with problems of access has been oversold. Indeed, we will claim that, except under special circumstances, any effort to impose a duty to deal on a monopolist will at best be ineffective and at worst be counterproductive. If significant pockets of monopoly power are likely to persist in some of the markets affected by recent legislative restructurings, other measures may be necessary if consumers are to enjoy the full benefits of competition. Such measures may or may not be forthcoming. But at the very least, Australian courts should not use s 46 in a way that reduces efficiency and operates to the long run detriment of consumers

Seagrasses of the north west of Western Australia: biogeography and considerations for dredging-related research: Report of Theme 5 - Project 5.1.2 prepared for the Dredging Science Node

This review was undertaken to identify which seagrass primary producers (species or different functional groups) that collectively cover the bio-geographic range of key primary producers in the north west of Western Australia (NWWA) are most appropriate for the focus of subsequent research into thresholds and indicators of response to dredging-related pressures (i.e. Theme 5). An assessment framework was developed based on six criteria: biogeographic range; ecological relevance (life-history strategy, habitats, natural dynamics and ecological services); current knowledge on thresholds and bioindicators; likelihood that species are sensitive and resilient to dredging related stressors; extent of improvement in applied knowledge; and likelihood of being able to grow seagrass species successfully in mesocosms. For each criterion, one or more assessment metric was developed. These were then used in a hierarchical decision-making process to identify the species most appropriate for the focus of subsequent research. The first step identified those species with the broadest biogeographic range, which were found in the most regions and habitats and which had the greatest ecological significance and prioritised the species for further investigation (Priority 1, 2 and 3). The second step identified species that encompassed a range of sensitivities and resilience to dredging and which, collectively, offered the greatest opportunity to improve our knowledge and understanding of primary producer responses to dredging-related pressures..

Recovery from the impact of light reduction on the seagrass Amphibolis griffithii, insights for dredging management

A large-scale, manipulative experiment was conducted to examine the extent and rate of recovery of meadows of the temperate Australian seagrass, Amphibolis griffithii to different light-reduction scenarios typical of dredging operations, and to identify potential indicators of recovery from light reduction stress. Shade cloth was used to mimic different intensities, durations and start times of light reduction, and then was removed to assess the recovery. The meadow could recover from 3 months of light stress (5–18% ambient) following 10 months re-exposure to ambient light, even when up to 72% of leaf biomass was lost, much faster recovery rates than has previously been observed for large seagrasses. However, when the meadow had been shaded for 6–9 months and more than 82% of leaf biomass was lost, no recovery was detected up to 23 months after the light stress had ceased, consistent with other studies. Five potential indicators of recovery were recommended

Climate change, social vulnerability, and child nutrition in South Asia

Despite recent advancements in global economic and food security, climate change threatens to undermine child nutritional health, particularly for marginalized populations in tropical low- and middle-income countries, where temperatures are already high and community resources for responding to climate shocks are often few. Climate change in these places can damage crop yields, increase heat stress and infectious disease, and destabilize the economy, all of which puts children’s nutritional health at risk. This is a major concern because adequate nutrition is central to the physical and cognitive development of children under five years old, and undernutrition in early life can cause damage that lasts well into adulthood. South Asia is at particular risk for climate-driven undernutrition due to a combination of extreme weather, existing nutritional deficits, and a lack of sanitation access. Previous studies have established that precipitation extremes in particular threaten to increase rates of undernutrition in this region, but the existing literature lacks adequate consideration of temperature anomalies, mediating social factors, and developmentally relevant timing of exposure to climate shocks. We combine high-resolution temperature and precipitation data with household demographics and child anthropometry, using an approach that incorporates three key developmental periods and a rigorous fixed effects design. We find that temperature and precipitation extremes in the first year of life significantly increase the likelihood of stunting (height-for-age z < -2) for the majority of South Asian children. The detrimental effects of extreme precipitation are especially concentrated in under-resourced households, such as those lacking access to proper sanitation and education for women, while anomalous heat is particularly harmful for children in Pakistan. These results indicate that nutritional status in South Asia is highly responsive to climate exposures, and ongoing nutritional improvements in South Asia are likely to be handicapped as climate change leads to more frequent and intense climate shocks.Bachelor of Art

Accounting for the influence of temperature and location when predicting seagrass (halophila ovalis) photosynthetic performance

We show that the effect of temperature on photosynthesis of a widely distributed and ecological important seagrass species was not consistent among locations, with some evidence of acclimation to the local temperature range. This has important implications for modelling seagrass productivity and the impacts of light reduction on seagrass ecosystems. Reduced light availability is one of the main pressures negatively impacting on seagrass meadows worldwide. Our knowledge of seagrass photosynthetic characteristics is critical to predicting and managing impacts of light reducing activities but suffers from two critical information gaps: first, data is overwhelmingly derived from studies of leaf tissue and not for whole plants, and is unlikely to reflect whole plant performance under light reduction stress; and second, few studies have looked at spatial and temporal variability in photosynthetic performance of whole seagrasses. We investigated temporal and spatial variation at a range of temperatures for whole plants of Halophila ovalis, a widely distributed species, by measuring oxygen exchange of intact plants collected from four locations across a latitudinal gradient (10°) at three temperatures (17 °C, 23 °C, 28 °C). For all locations, temperature affected all photosynthetic parameters, with some parameters (NPmax, R, Ik) showing a distinct difference between tropical and temperate locations. For example, NPmax ranged from 1.35 ± 0.12 to 5 ± 0.16 mg O₂. g DW−1. hr−1 in temperate locations and from 4 ± 0.3 to 12 ± 0.68 mg O₂. g DW−1. hr−1 in the tropical location. However, the effect of temperature on photosynthesis was not consistent among locations, and often the rate of photosynthesis was greatest at temperatures approaching the mean month maximum temperature for the location, suggestive of acclimation. Time of year also affected photosynthetic rates and how temperature influenced those rates. We conclude that the application of P–I parameters to model, predict or manage the effect of light reduction of H. ovalis, and likely other seagrass species, may require site- and time-specific knowledge of P–I relationships

HDAC inhibitors increase NRF2-signaling in tumour cells and blunt the efficacy of co-adminstered cytotoxic agents

The NRF2 signalling cascade provides a primary response against electrophilic chemicals and oxidative stress. The activation of NRF2-signaling is anticipated to have adverse clinical consequences; NRF2 is activated in a number of cancers and, additionally, its pharmacological activation by one compound can reduce the toxicity or efficiency of a second agent administered concomitantly. In this work, we have analysed systematically the ability of 152 research, pre-clinical or clinically used drugs to induce an NRF2 response using the MCF7-AREc32 NRF2 reporter. Ten percent of the tested drugs induced an NRF2 response. The NRF2 activators were not restricted to classical cytotoxic alkylating agents but also included a number of emerging anticancer drugs, including an IGF1-R inhibitor (NVP-AEW541), a PIM-1 kinase inhibitor (Pim1 inhibitor 2), a PLK1 inhibitor (BI 2536) and most strikingly seven of nine tested HDAC inhibitors. These findings were further confirmed by demonstrating NRF2-dependent induction of endogenous AKR genes, biomarkers of NRF2 activity. The ability of HDAC inhibitors to stimulate NRF2-signalling did not diminish their own potency as antitumour agents. However, when used to pre-treat cells, they did reduce the efficacy of acrolein. Taken together, our data suggest that the ability of drugs to stimulate NRF2 activity is common and should be investigated as part of the drug-development process

The Role of Public Art in Solar Commons Institution-Building: Community Voices from an Essential Partnership among Artists, Community Solar Researchers, and Activists

In this urgent decade when American democracy faces the challenge of decarbonizing the U.S. electric grid and assuring that the economic benefits of our energy transition are equitably shared, many solar energy researchers and activists are searching for new ways to partner with the civic sector. Instead of treating energy users as passive customers, experts understand the importance of engaging community as active decision-makers, beneficiaries, and communicators for a just energy transition. Distributed solar technology offers more democratic potential than small savings on individuals’ electric bills. Energy experts working on the Solar CommonsÔ community solar model at the University of Minnesota are piloting demonstration projects with community partners in Arizona and Minnesota. These solar commons aggregate savings through power purchase agreements that create 25-year peer-governed revenue streams to support mutual aid and reparative justice work in neighborhoods. This article describes a Solar Commons research project in Arizona, with a conversation among the public artists who partnered with the legal research team to co-create communication and peer governance tools that will allow DIY Solar Commons to iterate throughout the US as a new institution in our civic sector. Images of the Solar Commons public art demonstrate how the artists helped expand the vision of solar energy from the iconic individual solar panel to a technology embedded in community justice and in a complex human-more-than-human environment