Archive for October, 2010

4-Year-Old Can Be Sued, Judge Rules in Bike Case

October 29, 2010

The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.

The suit that Justice Wooten allowed to proceed claims that in April 2009, Juliet Breitman and Jacob Kohn, who were both 4, were racing their bicycles, under the supervision of their mothers, Dana Breitman and Rachel Kohn, on the sidewalk of a building on East 52nd Street. At some point in the race, they struck an 87-year-old woman named Claire Menagh, who was walking in front of the building and, according to the complaint, was “seriously and severely injured,” suffering a hip fracture that required surgery. She died three months later.

Her estate sued the children and their mothers, claiming they had acted negligently during the accident. In a response, Juliet’s lawyer, James P. Tyrie, argued that the girl was not “engaged in an adult activity” at the time of the accident — “She was riding her bicycle with training wheels under the supervision of her mother” — and was too young to be held liable for negligence.

In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.” (Rachel and Jacob Kohn did not seek to dismiss the case against them.)

But Justice Wooten declined to stretch that rule to children over 4. On Oct. 1, he rejected a motion to dismiss the case because of Juliet’s age, noting that she was three months shy of turning 5 when Ms. Menagh was struck, and thus old enough to be sued.

Mr. Tyrie “correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence,” Justice Wooten wrote in his decision, referring to the 1928 case. “Juliet Breitman, however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”

The New York Law Journal reported the decision on Thursday.

Mr. Tyrie had also argued that Juliet should not be held liable because her mother was present; Justice Wooten disagreed.

“A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable.

In Ms. Menagh’s case, however, there was nothing to indicate that Juliet’s mother “had any active role in the alleged incident, only that the mother was ‘supervising,’ a term that is too vague to hold meaning here,” he wrote. He concluded that there was no evidence of Juliet’s “lack of intelligence or maturity” or anything to “indicate that another child of similar age and capacity under the circumstances could not have reasonably appreciated the danger of riding a bicycle into an elderly woman.”

Mr. Tyrie, Dana Breitman and Rachel Kohn did not respond to messages seeking comment.

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Jaguar-C-X75 Concept Revealed

October 7, 2010

Computer network operations – Wikipedia, the free encyclopedia

October 6, 2010
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Computer Network Operations (CNO) is a broad term that has both military and civilian application. Conventional wisdom is that information is power, and more and more of the information necessary to make decisions is digitized and conveyed over an ever expanding network of computers and other electronic devices. CNO are the deliberate actions taken to leverage and optimize these networks to improve human endeavor and enterprise or, in warfare, to gain information superiority and deny the enemy this enabling capability.

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[edit] CNO in the Military Domain

Within the military domain, CNO is considered one of five core capabilities under Information Operations (IO) Information Warfare. The other capabilities include Psychological Operations (PSYOP), Military Deception (MILDEC), Operations Security (OPSEC) and Electronic Warfare (EW).

Computer Network Operations, in concert with EW, is used primarily to disrupt, disable, degrade or deceive an enemy’s command and control, thereby crippling the enemy’s ability to make effective and timely decisions, while simultaneously protecting and preserving friendly command and control.

[edit] Types of Military CNO

According to Joint Pub 3-13, CNO consists of computer network attack (CNA), computer network defense (CND) and computer network exploitation (CNE).

  • Computer Network Attack (CNA): Includes actions taken via computer networks to disrupt, deny, degrade, or destroy the information within computers and computer networks and/or the computers/networks themselves.
  • Computer Network Defense (CND): Includes actions taken via computer networks to protect, monitor, analyze, detect and respond to network attacks, intrusions, disruptions or other unauthorized actions that would compromise or cripple defense information systems and networks. Joint Pub 6.0 further outlines Computer Network Defense as an aspect of NetOps
  • Computer Network Exploitation (CNE): Includes enabling actions and intelligence collection via computer networks that exploit data gathered from target or enemy information systems or networks.

[edit] See also

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Hacker Spoofs Cell Phone Tower to Intercept Calls | Cyber, War and Law™

October 6, 2010

Hacker Spoofs Cell Phone Tower to Intercept Calls: “Via: Wired: A security researcher created a cell phone base station that tricks cell phones into routing their outbound calls through his device, allowing someone to intercept even encrypted calls in the clear. The device tricks the phones into disabling encryption and records call details and content before they’re routed on their proper way through […]”