The Penn Central “ad-hoc” test is used to determine whether a regulatory taking, which does not amount to a per se taking could anyway be unconstitutional without compensation.[lxxxiv] The first factor in the balancing test is the character of the governmental action and extent of interference with property rights.[lxxxv] The second factor is the economic impact of the regulation.[lxxxvi] The third and final factor is the interference with reasonable investment-backed expectations.[lxxxvii] In applying these factors, the Penn Central Court found no regulatory taking by New York City’s Landmark Preservation Law. The Court reasoned that all properties deemed ‘landmarks’ were affected by the law, and therefore the petitioners were not unfairly burdened beyond others.[lxxxviii] Also, the Court held that the entire parcel of land as a whole was to be examined, and because the law only prohibited the petitioners from … [Read more...] about Will a Moratorium on Confined Animal Feeding Operations Ever Get Through the Indiana General Assembly?
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Second, Chairman Wheeler’s assertion that the new rules represent a “significant step to safeguard consumer privacy in this time of rapid technological change” may mislead consumers into believing their data is secure when it is not. The Fact Sheet does not explain to consumers that, while ISPs will no longer be permitted to monitor their customers’ web browsing history without consent, that same browsing history will continue to be mined, used and sold by search engine providers, social media websites and other Internet destinations. Even when a consumer opts out of sharing sensitive information with his or her ISP, that consumer will still receive targeted advertising derived from Internet use data collected by non-ISP edge providers. Thus, while the FCC’s strict regulation of ISP data collection and use practices may be well-intended, the narrow limits of FCC jurisdiction mean that the Commission simply cannot deliver on its promises … [Read more...] about FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into A False Sense of Privacy?
The FCC’s new rules share characteristics with the FTC’s long-standing regulation in this space, including requiring fixed ISPs and mobile data carriers that offer broadband services to obtain affirmative “opt-in” consent from consumers prior to using, sharing, or selling sensitive information. The FCC’s definition of “sensitive information,” however, is far more expansive than the FTC’s definition and includes geo-location information, web browsing and app usage history, in addition to the health and financial information considered sensitive by the FTC. Consumers will have the option to “opt-out” and prevent ISPs from using and sharing “non-sensitive” individually identifiable customer information as well. The rules also require ISPs to provide customers with information about their collection, use, and sharing of consumer data and to comply with additional protocols to protect consumer … [Read more...] about FCC Issues New Privacy Rules for Internet Service Providers: Safeguarding Consumers or Lulling Them Into False Sense of Privacy?
Resources The San Diego/Imperial Counties chapter of the American Red Cross can be reached on the Internet at sdarc.org or by phone at (858) 309-1200. The county Office of Emergency Services can be reached by phone at (858) 565-3490 or on the Web at sdcounty.ca.gov/oes. The regional office of FEMA can be reached on the Web at fema.gov/about/contact/regionix.shtm or by phone at (510) 627-7100. The California Emergency Management Agency’s Web site is www.calema.ca.gov. … [Read more...] about Are you prepared for a real disaster? Here’s a plan