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(Discover new Artists, Scientists, Innovators, and Trendsetters, as you explore Zedtopia...)

💭 Thought by z 6 days ago. | Public

lol its mad cool jimmy kimmel got anthony anderson hosting -- i think anthony should do a show after jimmy's. i'd watch it. vibes are cool. it is what it is has trysta filling in for stat baby so seeing the diversity & inclusion is cool af.

Tags: for the culture, culture shift, no racism, good vibes, mad cool

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z 6 days ago


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More Hope More Peace
z published 🧠 6 days ago. | Public

FactCheck.org

Final Night of the GOP Convention - FactCheck.org

We fact-checked former President Donald Trump's speech accepting his party's nomination.

HTTPS://WWW.FACTCHECK.ORG/2024/07/FINAL-NIGHT-OF-THE-GOP-CONVENTION/


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💭 Thought by azeem 6 days ago. | Public

Some people want a system that's good for them at the expense of others. I know that it's feasible to build a system that's good for everyone at the expense of none.



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💭 Thought by azeem 6 days ago. | Public

The average American can barely afford to stay alive. We can't afford to invest or self fund. We need stronger unions with public & private support for worker owned ventures & co-ops to displace abusive firms from the market.



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💭 Thought by azeem 6 days ago. | Public

Impact Investing: using money for good. Find a business that generates returns or dividends & does something good for the world, that has an ethical supply chain, good customer service, etc, and invest in them. If you can't find one start one.


The Big Picture

At The Money: Impact Investing with Soraya Darabi - The Big Picture

    At The Money: When Your Investments Make an Impact. with Soraya Darab, TMV (July 17, 2024) We expect our investments to generate positive financial returns, but can they also have a positive societal effect? Can your capital make an impact? Full transcript below. ~~~ About this week’s guest: Soraya Darabi, partner in the…Read More

HTTPS://RITHOLTZ.COM/2024/07/ATM-IMPACT-INVESTING-SORAYA-DARABI/


Tags: put your money where your mouth is, alignment



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💭 Thought by azeem 6 days ago. | Public

"Is knowledge really the most important strategic resource? A meta‐analytic review" tldr; yes.


HTTPS://ONLINELIBRARY.WILEY.COM/DOI/10.1002/SMJ.3645?AF=R


Tags: knowledge is power, with great power comes great responsibility



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💭 Thought by azeem 6 days ago. | Public

This plus sodium ion would make excellent structural energy storage. The supercapacitors would buffer/cache the load on the batteries, letting you quickly charge your vehicle, etc.


Hackaday

Carbon–Cement Supercapacitors Proposed As An Energy Storage Solution

Although most energy storage solutions on a grid-level focus on batteries, a group of researchers at MIT and Harvard University have proposed using supercapacitors instead, with their 2023 research…

HTTPS://HACKADAY.COM/2024/07/19/CARBON-CEMENT-SUPERCAPACITORS-PROPOSED-AS-AN-ENERGY-STORAGE-SOLUTION/




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HTTPS://WWW.BRILLIANTPLANET.COM


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On AI, consciousness, and regulation.
azeem published 🧠 6 days ago. | Public
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Tags: ai, consciousness, regulations, accountability, responsibility, allowing industry to flourish, if it's wrong for a person to do it it's wrong for AI to do it



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💭 Thought by azeem 6 days ago. | Public

At this point I don't see how microsoft is still in business. boeings fall apart in the sky. microsoft is completely hacked. Corporate deregulation is running amok & causing losses for all of us. They need to be held accountable.


Time Out New York

Here is how that massive global IT outage is actually impacting New Yorkers

Flights are grounded and subway-related information might be hard to come by.

HTTPS://WWW.TIMEOUT.COM/NEWYORK/NEWS/HERE-IS-HOW-THAT-MASSIVE-GLOBAL-IT-OUTAGE-IS-ACTUALLY-IMPACTING-NEW-YORKERS-071924


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azeem 6 days ago

From Equifax & Transunion to Solarwinds, and now this Crowdstrike hack, we see that US cybersecurity and infrastructure are pathetic.


I thought government agencies hire contractors to DO a job, not FAIL the job.


LOL even XKCD has a comic about it.


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💭 Thought by azeem 7 days ago. | Public

the value of an idea...


YouTube

A simple paper worth a trillion dollars

The Anatomy of a Large-Scale HypertextualWeb Search Engine (1998) http://infolab.stanford.edu/pub/papers/google.pdfAttention Is All You Need (2017) https://a...

HTTPS://YOUTUBE.COM/WATCH?V=XXIZ28TQLTG&SI=8NG6FX5S8YHF3XIP


Tags: IP, intellectual property, ideas



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Inner Work Matters
z published 🧠 7 days ago. | Public

Open Source Ecology

Home | Open Source Ecology

We’re developing open source industrial machines that can be made for a fraction of commercial costs, and sharing our designs online for free. The goal of Open Source Ecology is to create an open source economy – an efficient economy which increases innovation by open collaboration.

HTTPS://WWW.OPENSOURCEECOLOGY.ORG/


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Azeem's Message to the World, July 18th, 2024
azeem published 🧠 7 days ago. | Public
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Tags: world peace, climate change



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💭 Thought by يبتسمديجي 7 days ago. | Public

traktor 4 dropped. as a longtime traktor user since the original v1 it's cool to see that they've come a long way...


DJ TechTools

Ean's powerful Midi Fighter Twister mapping for Traktor Pro 4's Stems + Pattern Player - DJ TechTools

Yes – Traktor Pro 4 came out earlier today. We wanted to do something special, so DJTT mapping guru Stevan and our founder Ean Golden teamed up to make a mapping for the Midi Fighter Twister. The thinking: make a mapping that allows simple and easy control over Stems and the Pattern player features in […]

HTTPS://DJTECHTOOLS.COM/2024/07/17/EANS-POWERFUL-MIDI-FIGHTER-TWISTER-MAPPING-FOR-TRAKTOR-PRO-4S-STEMS-PATTERN-PLAYER/




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💭 Thought by z 8 days ago. | Public

tiktok curated embeds fail to load on the page & their server is too slow. they have a long way to go. I have 33 tiktoks that are relevant but won't load because their coders suck. soundcloud mixcloud youtube reddit twitter even playcanvas work

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z 8 days ago

I put all of them in a numbered list as links so you can just click em and watch and know which number you were on. I wish I could do a nice embed like I do with every other platform but tiktok coders are dumb af -- I tried it and it didnt work.
  1. https://www.tiktok.com/@theconsciouslee/video/7392388548407643422 
  2. https://www.tiktok.com/@clayreels/video/7390801455516519726 
  3. https://www.tiktok.com/@deymothezine/video/7360887485179677995 
  4. https://www.tiktok.com/@silva_carolyn/video/7390415340515233067 
  5. https://www.tiktok.com/@mfnlant/video/7359321302676606254 
  6. https://www.tiktok.com/@jessicabickling/video/7359653592183115050 
  7. https://www.tiktok.com/@metronade/video/7361477799829409067 
  8. https://www.tiktok.com/@notyungvec/video/7361190627813559598 
  9. https://www.tiktok.com/@advicefromlouisreloaded/video/7371602899400396074 
  10. https://www.tiktok.com/@brennas_burner/video/7364110351241055534 
  11. https://www.tiktok.com/@annahyclak/video/7363642651091930400 
  12. https://www.tiktok.com/@philosoart/video/7364223214819609899 
  13. https://www.tiktok.com/@riverwand/video/7363701239781068074 
  14. https://www.tiktok.com/@shenseea/video/7392040752173337899 
  15. https://www.tiktok.com/@aem.x_/video/7389327879718423850 
  16. https://www.tiktok.com/@nnnisrina/video/7386408617697692960 
  17. https://www.tiktok.com/@rebmasel/video/7363811618704133418 
  18. https://www.tiktok.com/@bradywattbass/video/7391918704579054894 
  19. https://www.tiktok.com/@mashakatasonov/video/7361558868419251461 
  20. https://www.tiktok.com/@thewokemama/video/7365558937434721579 
  21. https://www.tiktok.com/@kerina.wang/video/7359290613923089669 
  22. https://www.tiktok.com/@peacock/video/7360428012568857898 
  23. https://www.tiktok.com/@eliana.leahh/video/7361177904639757610 
  24. https://www.tiktok.com/@masionoo/video/7362955778296204587 
  25. https://www.tiktok.com/@joelthescorpion/video/7365296991464770862 
  26. https://www.tiktok.com/@moanaliza760/video/7364194378052685072 
  27. https://www.tiktok.com/@the_yv_edit/video/7340030198487747883 
  28. https://www.tiktok.com/@miliaxoo/video/7360410830220823840 
  29. https://www.tiktok.com/@letgoanddiscover/video/7364878933994507562 
  30. https://www.tiktok.com/@yunaaleee/video/7364985352068599082 
  31. https://www.tiktok.com/@sixxstarrr/video/7364198539850829061 
  32. https://www.tiktok.com/@milfluvjae/video/7359696672944835886
  33. https://www.tiktok.com/@theconsciouslee/video/7392615003913850143

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💭 Thought by z 8 days ago. | Public

🙏🏽 bless up


YouTube

Lewis Black's Rantcast #182 | The United States of Insanity

Things are insane! It seems we decided to take a speed run through current events this past weekend. One story alone was enough to make your head spin. But o...

HTTPS://YOUTU.BE/LOJI0M-ILN0


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z 8 days ago


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💭 Thought by z 8 days ago. | Public

ever wonder why cops are so stupid and the system is so dumb? we literally block the best & brightest applicants: consider this the next time you wonder why these fucking retards can't get the right house, the right guy, or the right warrant.


ABC News

Court OKs Barring High IQs for Cops

HTTPS://ABCNEWS.GO.COM/US/COURT-OKS-BARRING-HIGH-IQS-COPS/STORY?ID=95836




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💭 Thought by z 8 days ago. | Public

it's far too common for police to be stupid af and they go around killing people showing up at the wrong house. Whether it was Breona Taylor or like this news story about Robert Dotson.


NBC News

Police fatally shot her husband after they went to the wrong house — then detained her for hours

Kim Dotson has sued the city of Farmington, N.M., and the three officers who fired.

HTTPS://WWW.NBCNEWS.COM/NEWS/US-NEWS/FARMINGTON-NEW-MEXICO-POLICE-KILL-WRONG-ADDRESS-RCNA105152




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💭 Thought by z 8 days ago. | Public

on IP theft of all of a person's files and personal effects.


Deloitte Insights

The hidden costs of an IP breach: Cyber theft and the loss of intellectual property

Losing customer data to hackers can be costly and embarrassing, but losing intellectual property to cyber thieves could threaten a company’s future. The first step toward prioritizing IP protection and incident readiness: properly valuing possible IP losses.

HTTPS://WWW2.DELOITTE.COM/CONTENT/WWW/US/EN/INSIGHTS/DELOITTE-REVIEW/ISSUE-19/LOSS-OF-INTELLECTUAL-PROPERTY-IP-BREACH.HTML


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z 8 days ago

as is:

IT’S a business leader’s nightmare—the stomach-churning realization that a corporate network breach has occurred, and that valuable intellectual assets are now in unknown hands. For a US government lab, it could be foreign agents stealing blueprints for a new weapon system; at a biopharmaceutical firm, staff scientists might take confidential data on a potential cancer cure; or at a game developer, hackers could filch the latest first-person shooter game, pre-release. And most terrifying: Because the information exists in the form of data rather than, say, manila folders in file cabinets, a breach might remain undiscovered for weeks or months.

Compared with more familiar cybercrimes such as the theft of credit card, consumer health, and other personally identifiable information (PII)—which regulations generally require be publicly reported—IP cyber theft has largely remained in the shadows.

These kinds of scenarios keep executives up at night for good reason: Intellectual property (IP) is the heart of the 21st-century company, an essential motor driving innovation, competitiveness, and the growth of businesses and the economy as a whole. Intellectual property can constitute more than 80 percent of a single company’s value today.1 It’s no surprise, then, that thieves—armed with means, motive, and opportunity—are in hot pursuit.

Though IP theft is hardly new, and some IP may still be attainable only through physical means, the digital world has made theft easier.2 According to US Intellectual Property Enforcement Coordinator Danny Marti, “Advancements in technology, increased mobility, rapid globalization, and the anonymous nature of the Internet create growing challenges in protecting trade secrets.”3 (See the sidebar “US administration’s commitment to trade secret protection.”)

US ADMINISTRATION’S COMMITMENT TO TRADE SECRET PROTECTION

The President5 continues to remain vigilant in addressing threats—including corporate and state-sponsored trade secret misappropriation—that jeopardize the United States’ status as the world’s leader for innovation and creativity. Advancements in technology, increased mobility, rapid globalization, and the anonymous nature of the Internet create growing challenges in protecting trade secrets. Through a coordinated, multiagency, and multifaceted strategy, this Administration continues to engage foreign governments to strengthen international enforcement efforts, promote private and public sector initiatives to develop industry-led best practices to protect trade secrets, and raise public awareness to inform stakeholders and the general public on the detrimental effects of trade secret misappropriation to businesses and the US economy.

As a part of this strategy, businesses also play a significant role in addressing the growing challenges of protecting trade secrets. The first line of defense against trade secret theft is often the existence of a robust and well-implemented cybersecurity and data management/protection strategy, along with contingency planning in the event of the occurrence of a material event. The Administration encourages companies to consider and share with each other practices that can mitigate the risk of trade secret theft, including approaches to protecting trade secrets that keep pace with technology.6

—Danny Marti, US Intellectual Property Enforcement Coordinator, Executive Office of the President

Yet, compared with more familiar cybercrimes such as the theft of credit card, consumer health, and other personally identifiable information (PII)—which regulations generally require be publicly reported—IP cyber theft has largely remained in the shadows. Most cases receive no widespread attention, perhaps because the impact to the public is less direct—and because, considering the potential brand and reputational damage, companies have little incentive to report or publicize such incidents. Plus, compared with PII breaches, IP theft has ramifications that are harder to grasp: fewer up-front, direct costs but potential impacts that might metastasize over months and years. Theft of PII might quickly cost customers, credit ratings, and brand reputation; losing IP could mean forfeiture of first-to-market advantage, loss of profitability, or—in the worst case—losing entire lines of business to competitors or counterfeiters.

Leaders may, understandably, struggle to accurately measure such indirect hypothetical impacts; as a result, behind closed doors, they rarely give IP cyber theft the attention it deserves.4 Without considering the broad ramifications of a cyberattack involving enterprise IP, companies often neglect to appropriately prioritize IP protection and incident readiness.

The good news for executives is that there is an approach to value the spectrum of losses from IP cyber theft, based on generally accepted valuation and financial modeling principles, so that they can position IP within a broader enterprise cyber risk program. With better information about the risks surrounding IP, its potential loss, and the impact this loss could have on the company, executives can understand the full ramifications of IP theft, enabling better alignment of their cyber risk program with the company’s IP management and strategic priorities.

The shape of modern IP theft

Historically, IP theft primarily took the form of disgruntled or opportunistic employees absconding with documents, computer disks, or prototypes. A wrongdoer had either direct knowledge of, or was able to gain, physical access to perpetrate the crime and extract the trade secrets, in whatever form. The small number of people with physical access limited the pool of suspects, often making such theft a risky proposition.

By contrast, in a digital world, IP thieves can operate from anywhere in relative anonymity, making the pool of possible suspects both wide and deep. Perpetrators can include current and former employees, competitors, criminal and recreational hackers, and foreign-nation state actors. IP theft can be a primary motive—or an opportunistic exploit: When corporate data can more easily be stolen in bulk, the odds increase that nuggets of IP can be found within broad swathes of data.7

When being first to market can dictate market winners, stealing IP—or purchasing stolen IP—can be much faster and cheaper than investing to innovate from scratch. In some fields, research and development (R&D) costs are escalating, while market opportunities are shrinking. With, for instance, a finite number of viable oil fields and high barriers to creating a new patentable drug to treat a particular condition, theft of a competitor’s trade secret might promise a more certain path to quick profit.

What assets are most at risk? Naturally, thieves are primarily after corporate secrets, rather than IP already in the public domain, such as patents and trademarks. Most valuable to perpetrators are trade secrets and proprietary business information that can be monetized quickly. Trade secrets can include drug trial data, a paint formula, a manufacturing process, or a unique design; proprietary business information might include a geological survey of shale oil deposits, merger plans, or information about business negotiations and strategies. Copyrighted data, such as software code for data analytics, is also now a popular target. With such a broad scope of information of value in different illicit marketplaces, IP theft is an issue across nearly every industry and sector.

Valuing the spectrum of IP cyber theft losses

Compliance and regulatory disclosure requirements generally shape corporate attention to the impact of cyberattacks. In light of well-publicized incidents at leading retail chains, health care companies, banks, and government agencies, those requirements largely center on the theft of PII, payment data, and personal health information. Most states require organizations to disclose such attacks to customers and employees whose information may have been stolen,8 and federal securities regulations require corporate disclosure of significant PII-related cyber events with potential material impact.9 As a consequence, corporate discussions about the impact of cyberattacks tend to focus on costs common to these types of attacks, including those for customer notification, credit monitoring, legal judgments, and regulatory penalties. It helps that there’s plenty of precedent, based on those high-profile data breaches, to help executives calculate their companies’ exposure in case of a PII leak.

In contrast, when it comes to speculating about the cost of potential IP breaches, many of those costs are “hidden” or indirect and therefore difficult to identify and quantify (figure 1). They include not only well-understood cyber incident costs—such as expenses associated with regulatory compliance, public relations, attorneys’ fees, and cybersecurity improvements—but also less visible and often intangible costs that stretch out over months or even years, including devaluation of trade name, revoked contracts, and lost future opportunities. As challenging as it may be for executives to assess these longer-term and indirect costs, identifying and quantifying the full gamut of potential IP losses is essential to a company’s ability to prioritize its cyber defense efforts.10

In considering the applicability of financial risk models to cyber risk, “Quantifying risk,” elsewhere in this issue of Deloitte Review, asserts that while standard models can be useful, it is important to develop well-defined cyber risk models that align with the nature of a given business.11 The approach illustrated here considers the specific circumstances of an organization at a particular point in time.

To create the accurate estimates of cyber risk needed to make informed decisions, executives must understand exactly how the full range of impacts might play out over time. To do this, a company should consider a time frame encompassing the potential long tail following a breach, which can be roughly broken into three phases:

  • Incident triage. In the days or weeks after the discovery of the attack, the company scrambles teams to analyze what happened, plug any evident gaps, implement emergency business continuity measures, and respond to legal and public relations needs.
  • Impact management. In subsequent weeks and months, the company takes reactive steps to reduce and address the direct consequences of the incident, including the stand-up of activities to repair relationships, IT infrastructure, or growing legal challenges.
  • Business recovery. In the following months and years, the company proactively repairs damage to the business, aims to counter measures by competitors looking to profit from stolen information, and shores up its cyber defenses with a focus on longer-term measures.

To model the costs within each phase, organizations can apply a multidisciplinary approach, using knowledge of their business alongside a likely cyberattack scenario to understand what actions may be required. They can then apply accepted valuation techniques to calculate the breach’s true cost. Mapping these costs across the three phases can then provide business leaders with a more accurate depiction of a company’s cyber risks throughout the response life cycle.

Scenario: The wide reach of a breach

To illustrate the valuation process described above, consider the following scenario involving a fictitious $40 billion IT company. The company, Thing to Thing, develops networking products supporting the management of Internet of Things (IoT) technology.

The Silicon Valley-based company, with 60,000 employees and a 12.2 percent operating margin, has made a significant investment in R&D, production, and marketing to support the development and release of a core IoT network product. Six months before the product launch, a federal agency informs Thing to Thing of a cyber breach at one of its facilities hosting the new innovation. The initial investigation discovers that foreign nation-state cyber thieves have purloined IP relevant to 15 out of 30 network device product lines, projected to contribute one-quarter of the company’s total revenues over the next five years. While the hacker’s motives are unclear, an analysis concludes that the information could allow the hacker to unearth and exploit previously undiscovered design flaws or, worse, implant malicious code into Thing to Thing’s new products. With even more serious implications, 30 days after the breach alert, a prominent Silicon Valley blogger reports evidence that the foreign nation-state is reverse-engineering the networking product, suggesting that it could beat Thing to Thing to market and undercut the firm on price.

A scenario-based methodology—positing specific breaches of varying scope and severity, and modeling their impact—permits a realistic and revealing exploration of the IP life cycle to more deeply identify potential risks in the movement and storage of sensitive company information, whether they be external, internal, malicious, or accidental.

During the initial triage phase, Thing to Thing hires big guns from a top PR firm to reach out to stakeholders and create a face-saving public image campaign. In addition, the company retains attorneys and a forensics firm to investigate the event, and a cybersecurity firm to help triage and remediate the breach.

During the impact management phase, the company is forced to suspend planned sales and shipments of its new products while it develops and rolls out upgraded firmware to affected devices. Although R&D staff are already overextended, Thing to Thing decides to accelerate the new device release by two months rather than be scooped by the cyber thieves—a decision that forces the company to take on additional R&D talent. But loss of confidence in Thing to Thing’s ability to protect its own network environment as well as the security of its products intensifies: The government cancels a key contract, projected to contribute 5 percent of revenues, and the company suffers an additional 5 percent drop in revenue as current customers and clients step back.

Longer term, during the business recovery phase, the company conducts an enterprise-wide assessment to develop a stronger cyber risk management strategy and implementation plan. This spawns various initiatives, including an IP inventory, classification, and protection program and enterprise security infrastructure upgrade projects—all of which drive additional costs. Additionally, investigation and litigation costs associated with the breach extend over years, as do PR costs to rebuild consumer and stakeholder trust. Product sales finally return to normal after a year, but business disruption across multiple departments, caused by the redirection of company resources to deal with the breach, drags down operating efficiency.

The cyber incident response timeline in figure 2 describes how the events and impacts of this breach scenario might unfold over time. Of the 14 impact factors that typically comprise the total impact of a cyberattack,12 some—such as breach notification costs or post-breach monitoring offerings—do not apply in Thing to Thing’s case, as they might in a PII data breach. The company does face other direct costs associated with legal counsel, PR, investigation, and cybersecurity improvements, which are relatively easy to identify and, to some extent, quantify.

The IP theft’s more indirect and deferred costs are harder to identify and to calculate, including the loss of the value of the stolen IP itself, operational disruption, lost contracts, devaluation of trade name, and higher insurance premiums (table 1). In total, over time, Thing to Thing analysts calculate that this one IP cyber theft incident costs the company over $3.2 billion.

We take two of Thing to Thing’s key losses from the IP theft—the networking product’s integrity and the five-year government contract—to illustrate the valuation methodologies for less tangible costs. Valuation of both the impact of the stolen IP and the lost contract employs the following generally accepted principles:

  • The with-and-without method. This approach estimates the value of an asset after an attack, compared with its value in the absence of the theft. The difference is the value of the impact attributed to the incident.
  • Present value of future benefits (and costs). To calculate an asset’s projected benefits while accounting for the time value of money, the cost is associated with the specific point in time at which the attack is discovered.
  • Industry benchmark assumptions.Typical industry benchmarks are used to arrive at the value or financial impact associated with various assets. Examples include royalty rates for the licensing of technology or trade name.

In addition to utilizing these principles to calculate the lost IP’s value, the company assumes the IP to have a useful life of five years. We know from the facts set out in Thing to Thing’s scenario that the company attributes 25 percent of its total revenue to product lines impacted by the stolen IP. The calculations of financial impact also assume a 2.5 percent royalty rate for potential licensing scenarios associated with the IP, which is based on comparable license agreements for related technologies and the profit margins of public technology hardware companies. This royalty rate is used to ultimately assess value. Finally, based on the risks associated with this type of IP, a discount rate of 12 percent is used to perform the discounting necessary as described above. Applying these financial modeling techniques and the underlying assumptions, analysts conclude that the loss of this IP costs the company roughly $150 million.

To calculate the value of the government contract, again we consider the facts stated in Thing to Thing’s scenario that the contract, covering five years, contributes 5 percent of the company’s total annual revenue. The net cash flows generated by the company over a five-year period with the contract in place were discounted using a 12 percent discount rate to yield a value of $15 billion. Loss of the contract results in a 5 percent decline in annual revenues and a 2 percent drop in profit margin (with the decline in revenue, the company functions under a lower operating base since its fixed costs are spread over a lower revenue base), resulting in a loss in value of more than $1.6 billion.

These two examples are only a portion of the total cost of an IP cyber breach as referenced by the above chart. And while a well-meaning executive may not look beyond the (sizable) value of the lost IP itself, the true impact to the business is much greater. In this case, the $150 million value of the lost IP represents a small fraction of the $3.2 billion total.

Comprehensive IP defense and response readiness

The goal of the scenario above is not to shock with alarmingly high figures but, rather, to highlight the impacts that matter most in the aftermath of a cyber breach so that executives can understand the full ramifications of IP theft. Once executives realize the importance of protecting digital IP, this scenario can also help guide an examination of their own organization’s preparedness. By walking through possible attack scenarios and drafting a truer picture of how the business could be affected, organizational leaders can then create an informed strategy on how they manage cyber risk around the protection of their IP.

A scenario-based methodology—positing specific breaches of varying scope and severity, and modeling their impact—permits a realistic and revealing exploration of the IP life cycle to more deeply identify potential risks in the movement and storage of sensitive company information, whether they be external, internal, malicious, or accidental. Working through a scenario can help quantify IP loss’s often-hidden costs and wide impact. Putting a value on the potential damage and making visible the unseen cost can initiate productive dialogue at the executive and board levels. Equipped with concrete data, executives can then make informed decisions on where best to invest to minimize the costliest impacts. A vague and dreaded threat becomes more defined, and the enemy starts to look like one that can be vanquished with proactive strategies and defenses. Evaluating IP risk across the entire development life cycle turns fear of a potentially devastating cyberattack into confidence: Even if hit by cyber thieves, the organization is positioned to respond and recover.

This increased awareness can then translate to the integration of cyber risk strategies into the company’s overall IP management strategy. The Deloitte Review article “Wizards and trolls: Accelerating technologies, patent reform, and the new era of IP” outlines nine dimensions that IP strategy should encompass.13 However, as the means and motive for cyber theft increase, leaders should move to include a cyber risk dimension in the company’s IP management strategic framework (figure 3). Executive-level governance of the IP program overall must both include explicit oversight of cyber risk management elements and recognize that many of the other IP program elements have associated cyber risk issues.

A more comprehensive cyber risk approach might involve developers, IT, legal, risk management, business, and other leaders to synchronize and align the organization’s IP strategy with an effective cyber risk program so that appropriate security controls, monitoring, and response processes are put in place across the IP life cycle. Particularly important is to understand the value of, and safeguard, IP in its early, emerging stages. Relying on IP protection tactics, such as being “the first to file” or “sensing and blocking” to protect a company’s most valuable secrets—while important—fails to recognize that IP has value even before it is “mature.” IP in its beginning development stages can be equally valuable to competitors or adversaries long before the decision to file a patent is made. Therefore, the need for speed to protect IP in its digitized form at all stages of its life cycle has increased exponentially—at least commensurate with the speed at which an adversary can gain access to and abscond with a company’s most cherished secrets.

Given their importance to growth, market share, and innovation, IP and cyber risk should rightly sit with other strategic initiatives managed at the C-suite level. One important consideration for top executives is to make sure that the cyber risk element of the organization’s IP strategy fits into its broader enterprise risk approach and IT/cyber risk framework.14For example, the risk assessment methodology and metrics used to assess IP cyber exposures should align with the way other parts of the enterprise measure risks. The entire cyber risk program, including its IP component, should roll up under the organization’s enterprise risk management program to give management visibility into IP cyber risks in the context of all risks.

Given their importance to growth, market share, and innovation, IP and cyber risk should rightly sit with other strategic initiatives managed at the C-suite level.

With this contextual awareness of risk, executives can ask hard questions to probe how effectively the company is managing its IP in addition to how well the cyber risk program is integrated into that process. In practice, these questions might include:

  • Where is it possible to reduce the number of people with access to IP?
  • Where are the most vulnerable links in the routine handling and protection of IP?
  • Is the company’s data management/protection strategy sufficient and well understood?
  • Are cyber monitoring capabilities aligned and prioritized to detect threats against the company’s most strategic IP assets, including fully leveraging private sector–government cyberthreat sharing capabilities?
  • If the company’s innovation ecosystem extends to partners, suppliers, or third parties, have controls and policies been appropriately extended beyond corporate borders?
  • Are well-meaning researchers or developers knowledgeable about the company’s storage, data management, and retention policies so that information is not carelessly left exposed? This last point illustrates that “protection” is not just a technical function but a function of human awareness—people throughout the entire IP life cycle must be made aware of their critical role in guarding valuable corporate secrets.

Finally, while improved security—in the classic sense of policies and technology controls—can improve the odds of preventing a heist, zero-tolerance prevention is impossible. How well an organization responds to a breach can mitigate the toll it takes—a theft need not cost $5 billion. Incident response is learned through experience, but that doesn’t have to mean waiting for a real incident to occur. Simulating cyberattacks provides a practice ground to test the ability of technical and business teams to analyze and restore core mission processes and—more importantly—the ability of the entire organization to act decisively. Practice helps leaders “know what they don’t know” and results in better-honed incident response plans for the inevitable “real thing.”

Closing the IP exposure gap

With the essential contribution of IP to companies’ core business and the ever-present danger of IP cyberattacks, managing the risk of IP theft must become an integral part of corporate IP strategy under the purview of the CEO, CFO, general counsel, and, equally important, the CIO and CISO. Corporate IP strategy must include cyber risk elements alongside R&D, patent and copyright, monetization, and other IP plans. Knowing that risks are rising, top executives owe it to investors, employees, customers, and partners to defend IP with the company’s best efforts. For corporate leaders and their stakeholders, the goal is the same: protecting and enabling valuable innovations to support the company’s future competitiveness and growth.

In doing so, building true resilience requires a firm-wide strategic focus from the top of the organization on the overall business risk that IP cyber theft poses. Knowing exactly what IP a company possesses, where and how that IP is safeguarded, and incorporating IP cyber protection into the overall IP management program should be integral to strategy. When IP is the driver of growth and competitiveness for so many companies, understanding the full impact of its potential loss or misuse is a good start toward managing the risk and moving from simply recognition to action. 

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💭 Thought by z 8 days ago. | Public

On damages to reputation:


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z 8 days ago

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How Much Is My Defamation Case Worth?

Don't let a defamatory remark define you. You can get compensation for your losses and restore your reputation.

You often hear about defamation cases in the news—Johnny Depp’s defamation lawsuit against his ex-wife Amber Heard was extensively covered in 2022. Or sometimes you hear about someone suing a former employer for defamation over a negative reference or performance evaluation. 

If someone is spreading lies about you, you might have a defamation claim. Defamation happens when someone makes a false statement about you that harms your reputation. Written defamation is called “libel.” Spoken defamation is called “slander.”

Here’s what you need to know if you’re thinking about filing a defamation lawsuit:

  • Defamation is a type of personal injury.
  • The value of your defamation case is based on your individual circumstances. If you win your defamation case, you could get millions of dollars or as little as $1. 
  • You can typically get compensation for financial losses and emotional distress in a defamation case. 
  • You might be able to get punitive damages—an award designed to punish misconduct—in some cases. 
  • Talk to a lawyer about whether you have what it takes to prove defamation in your case and whether it’s worthwhile to file a lawsuit

How to Prove Defamation

plaintiff suing for defamation typically must show that the defendant

  • made a false statement of fact about the plaintiff
  • the statement was made to a third party (someone other than the plaintiff)
  • the statement harmed the plaintiff’s reputation, and 
  • the defendant was careless (negligent) about whether the statement was true or false.

Defamation claims are hard to prove. People accused of defamation can often defend themselves by claiming that the statements were true or that they were just stating an opinion and not a fact. 

How Much Is Your Defamation Case Worth?

No two defamation cases are exactly the same, so it’s impossible to say what an average defamation case is worth. Here are a few examples of defamation awards in actual cases:

  • In 2022, a Texas jury awarded the parents of Sandy Hook victims nearly $50 million in a defamation case against conspiracy theorist Alex Jones. A few months later, a Connecticut jury ordered Jones to pay nearly $1 billion in damages to the families of eight Sandy Hook victims and an F.B.I. agent who responded to the scene.
  • In 2022, Johnny Depp’s defamation trial against his ex-wife, Amber Heard, ended with a $10.35 million verdict in his favor. Heard filed an appeal, citing "errors" made by the court, but eventually agreed to pay Depp $1 million and drop the appeal. 
  • In 2020, a fired employee successfully sued his former employer for defamation after the employer sent two emails to 300-400 employees saying the fired employee was no longer with the company and implying that the company was investigating him for embezzlement. A jury awarded the fired employee $4.9 million. (Jordan v. Wonderful Citrus Packing LLC, CASE NO. 1:18-CV-00401-AWI-SAB (E.D. Cal. 2020).)
  • In 2017, a martial arts instructor sued a social media user for defamation arising from the user’s creation of a social media group that accused the instructor of sexually abusing children. A district court judge found that the instructor was entitled to $443,000 in total damages. (Hawbecker v. Hall, 276 F.Supp.3d 681 (W.D. Tex. 2017).)
  • In 2017, Paul Lagassey sued Philippe Roy for defamation after Roy posted a photo of him on the website ripoffreport.com and accused him of criminal conduct. A jury awarded Lagassey $200. (Lagassey v. Roy, WL 2060860 (S.D.Fla. 2017).) 

As you can see from even this small sample of cases, defamation awards vary widely. The best way to get an accurate sense of how much your defamation claim might be worth is to talk to a lawyer. The value of your defamation case will depend on your damages.

Damages in Defamation Cases

In a personal injury lawsuit, "damages" means the money awarded to one party based on injury or loss caused by the other. Whether you reach a settlement or win your case after a jury trial, the money you receive is compensation for your damages.

Let's take a look at common categories of damages in defamation cases:

  • presumed damages
  • special damages
  • general mental anguish damages
  • nominal damages, and
  • punitive damages.

Presumed Damages

Some categories of false statements—called libel per se or slander per se—are so obviously harmful that courts allow plaintiffs to recover damages for injury to reputation without proof of actual harm (called “presumed damages”).

Examples of defamation per se include statements that falsely claim that someone: 

  • committed a crime
  • lacks professional skills or ethics
  • has a contagious infection (often a sexually transmitted infection), or 
  • engaged in sexual misconduct (like an extramarital affair).

Judges and juries have not set formula for calculating presumed damages. Under California law, for example, in defamation per se cases, jurors are instructed to award “whatever sum you believe is reasonable.” (California Civil Jury Instructions (CACI), 1704 (2022).)

Special Damages

One of the most common types of injuries or losses in a defamation case is harm to a plaintiff’s business or profession. For example, you might get fired or lose customers as a result of false statements someone makes about you on social media.

Special damages (also called “economic damages”) compensate plaintiffs for these types of economic losses, including:

In some cases, calculating special damages is pretty easy. For example, if earn $75,000 per year and you were out of work for a year because you were defamed, you lost your annual salary and the value of your employee benefits for that year. 

Other cases, involving lost business opportunities or diminished earning capacity, are more complicated and will likely require an expert witness to calculate and prove. 

General Damages

General damages (also called “non-economic damages”) are designed to compensate plaintiffs for “pain and suffering” caused by defamation, including shame, mortification, hurt feelings, humiliation, anxiety, and distress.

General damages aren’t available in all defamation cases. In some states, general damages are allowed in libel (written defamation) cases, but not slander (verbal defamation) cases. In other states, general damages are allowed in some slander cases, but not in others. 

When they are allowed, general damages are often harder to measure and prove than special damages. If you can document physical manifestations of stress, like stomach ulcers or severe insomnia, you will boost your potential for recovering these damages. 

Punitive Damages 

Special and general damages are meant to reimburse and compensate plaintiffs for their defamation-related losses. Punitive damages are different—punitive damagesare meant to punish defendants for egregious behavior and deter others from engaging in similar conduct.

Punitive damages are only available in some defamation cases. Plaintiffs typically have to show that the defendant acted with actual malice or fraud to recover punitive damages. Some states limit or cap punitive damages

Nominal Damages 

Nominal damages are damage awards of a very low amount, typically $1. They are awarded when a plaintiff has proven defamation but hasn’t suffered actual harm. They are a moral victory for plaintiffs and might help restore their reputations, if not their bank accounts. 

Nominal damages are common in cases involving defamatory statements that were trivial or unimportant. They might also be awarded to a plaintiff who was defamed but already had a bad reputation. 

Requesting a Retraction

A growing number of states require defamation plaintiffs to request a retraction before they can recover certain types of damages. Retraction laws vary from state to state. 

Most states with retraction laws require plaintiffs to request a retraction of a defamatory statement within a reasonable time before they can file a lawsuit. A full retraction typically prevents plaintiffs from recovering punitive damages and is often enough to satisfy a potential defamation plaintiff.

For example, in the summer of 2022, an agent for a professional baseball player sued a sports radio host after the host said the agent didn’t inform the player about an offer from another team. Shortly after the defamation lawsuit was filed, the radio host issued a statement admitting that he got the story wrong and apologized to the agent. The agent dropped the defamation lawsuit in the wake of the radio host’s retraction.

Mitigating Damages

Plaintiffs are required to mitigate their damages. In other words, you have to take reasonable steps to keep losses to a minimum after you’ve been defamed. For example, if you lose your job over lies a colleague told about you and you’re offered another job, you have to take it or risk having your special damages reduced by the amount you would have earned had you accepted the job. 

You should also take reasonable steps to prevent false statements from spreading. If the statement is published, ask for a retraction. If the statement is posted online, ask for the post to be removed. You can ask for compensation for your efforts to protect your reputation in your defamation lawsuit.

Is It Worth Suing for Defamation?

Defamation lawsuits are complex and risky. Even if you prove that you’ve been defamed, you may only receive nominal damages. Imagine winning a lawsuit and having the jury award you $1. On the other hand, winning a defamation lawsuit is one of the best ways to restore your good name. 

If you can show that you’ve suffered significant financial harm because someone is saying things that aren’t true about you, you should talk to a lawyer. Only you can decide if you’re willing to pay the price–emotional and financial–of pursuing a defamation lawsuit. But a lawyer can answer your questions and give you a realistic assessment of your case, including how much your claim might be worth and whether your case will settle

Talk to a Defamation Lawyer

If you think you’ve been the victim of libel or slander, talk to a lawyer. You have a right to protect your reputation and receive compensation for your losses. A lawyer can tell you about the defamation laws in your state, help you ask for a retraction if necessary, and fight for you in court. 

Take a step-by-step look at a typical defamation case and learn more about choosing a good lawyer. You can also connect with a lawyer directly from this page for free.

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