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Your Tweets Can Be Subpoenaed

Your Tweets Can Be Subpoenaed - Prosecutors don't have to get a warrant to subpoena your tweets, even if you delete them, because they're public information owned by a third party, a New York judge ruled on Monday. But the lawyer for the Occupy Wall Street protester trying to block a subpoena says the judge mixed up his metaphors in the ruling. Malcolm Harris, who's been fighting a subpoena of his Twitter account, faces as many as 15 days in jail for disorderly conduct after his arrest on the Brooklyn Bridge last November.

In his decision Monday, Judge Matthew Sciarrino Jr. wrote that there was no precedent in New York for an order to quash a subpoena to a "third-party online social networking service seeking to obtain the defendant’s user information and postings." But he wrote that "an analogy may be drawn to the bank record cases where courts have consistently held that an individual has no right to challenge a subpoena issued against the third-party bank." Sciarrino ruled that Harris couldn't quash the subpoena, but he didn't necessarily rule that the tweets or other information would be admissible as evidence.

But Martin Stolar, the attorney representing Harris, told The Atlantic Wire on Monday that he would move to re-argue the decision, saying Sciarrino had mixed up his metaphors. "There’s a whole other recent series of decisions from Supreme Court and New York State, about whether or not using a GPS device to track someone uses a warrant. People’s locations while on the street are generally public, like tweets are, but it’s the accumulation of all that information, like someone’s whereabouts, that the courts have said a subpoena is necessary ... I think that's more analogous to tweets than the bank records are." What would be funny is if Twitter decided to fax over the info, just as the New York District Attorney's office faxed its original subpoena. ( The Atlantic Wire )

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Hybrids can be less polluting than coal-powered EVs

Hybrids can be less polluting than coal-powered EVs - A study has found that cars with very high gas mileage are less polluting than electric vehicles charged up in coal-heavy regions.

The Union of Concerned Scientists released a report today called "State of Charge" that finds that on average plug-in cars are less polluting than gasoline-powered vehicles in the U.S. But the greenhouse gases emitted from electric vehicles depends on the sources of electricity.

The study centers on a heated discussion in auto circles. Automakers have sometimes referred to electric vehicles as "zero emissions," which is misleading because most plug-in drivers charge their cars from electricity generated by burning coal or natural gas.

The Union of Concerned Scientists, a nonprofit, sought to clarify matters by doing a lifecycle analysis of greenhouse gas emissions that includes energy inputs from start to finish, not only during drive time.

It finds that charging an all-electric car, such as the Nissan Leaf, in regions dominated by coal results in global warming emissions equivalent to a car with a mileage rating between 31 miles per gallon to 40 mpg.

The coal-dominated regions are in the Midwest, representing 18 percent of the U.S. population. In this case, a hybrid Prius, for example, which gets about 48 mpg, would be less polluting than an all-electric car.

Electric vehicles charged in areas with cleaner sources of electricity yields the equivalent of over 50 miles per gallon, better than the most fuel-efficient gasoline or diesel cars today. Those areas include most of the western states and most of the states on the eastern seaboard, which rely more on hydropower, natural gas, or nuclear. These regions as "best" for plug-ins cover about 45 percent of the U.S. population.

"This report's analysis shows that consumers should feel confident that driving an electric vehicle yields lower global warming emissions than the average new compact gasoline-powered vehicle," according to the report.

The authors note there are other benefits to driving plug-in electric vehicles, including lower costs per mile and reducing oil consumption.

Plug-in electric vehicles come with a higher price tag, but the Union of Concerned Scientists study estimates that over the life of the car a driver could save over 6,000 gallons of gasoline and $13,000 by driving an all-electric vehicle, compared to an average compact gasoline car. That assumes $3.50 per gallon gasoline, the U.S. average for electricity prices which is 11 cents per kilowatt-hour, and 15,000 miles a year for 15 years.

Drivers can also lower their electric charging costs by taking advantage of off-peak rates or EV-specific rates.

The study comes at a time when more battery-electric and plug-in hybrid vehicles are coming out. The Nissan Leaf and Chevy Volt have been out for more than a year, while Ford and Mitsubishi are releasing all-electric cars and Toyota prepares to release a plug-in Prius hybrid.

The Union of Concerned Scientist analysis echoes previous studies in finding that on average, plug-in electric cars are less polluting than gasoline cars and cut oil consumption. It also underscores how fuel efficiency through hybrids or other efficient engine technologies can achieve significant gasoline reductions.

The study notes that projected increases in solar and wind on the grid means that the global warming emissions from an electric vehicle in those areas will decrease over time. ( CNET )

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DARPA releases cause of hypersonic glider anomaly

DARPA releases cause of hypersonic glider anomaly — An unmanned hypersonic glider likely aborted its 13,000 mph flight over the Pacific Ocean last summer because unexpectedly large sections of its skin peeled off, the U.S. Defense Advanced Research Projects Agency said Friday.

The Hypersonic Technology Vehicle-2, launched from Vandenberg Air Force Base, Calif., atop a rocket and released on Aug. 11, 2011, was part of research aimed at developing super-fast global strike capability for the Department of Defense.

This artists rendering provided by the U.S. Defense Advanced Research Projects Agency shows a Hypersonic Technology Vehicle-2, an unmanned hypersonic glider that likely aborted its 13,000 mph flight over the Pacific Ocean last summer because unexpectedly large sections of its skin peeled off, the U.S. Defense Advanced Research Projects Agency said Friday April 20, 2012. (AP Photo/DARPA)

The vehicle demonstrated stable aerodynamically controlled flight at speeds up to 20 times the speed of sound, or Mach 20, for three minutes before a series of upsets caused its autonomous flight safety system to bring it down in the ocean, DARPA said in a statement.

A gradual wearing away of the vehicle's skin was expected because of extremely high temperatures, but an independent engineering review board concluded that the most probable cause was "unexpected aeroshell degradation, creating multiple upsets of increasing severity that ultimately activated the Flight Safety System," the statement said.

Initial shockwaves created by the gaps in the skin were more than 100 times what the vehicle was designed to withstand, but it was still able to recover and return to controlled flight, said Kaigham J. Gabriel, DARPA's acting director.

Eventually the upsets grew beyond its ability to recover.

The 2011 flight was the second time an HTV-2 was launched. The first flight, in April 2010, also ended prematurely.

Data from that flight was used to correct aerodynamic design models for the second test, resulting in controlled flight, and now data from the latest flight will be used to adjust assumptions about thermal modeling, Air Force Maj. Chris Schulz, the DARPA program manager, said in the statement.

"The result of these findings is a profound advancement in understanding the areas we need to focus on to advance aerothermal structures for future hypersonic vehicles. Only actual flight data could have revealed this to us," he said.

Most specific details of the program are secret. DARPA has released artist renderings showing a craft that looks something like the tip of a spear. After the 2011 flight the agency released handheld video, taken aboard a monitoring ship, that showed a dot streaking across the sky.

The HTV-2 would have splashed down in the ocean regardless of the anomaly. The vehicles are intended to be used once and are not recovered. ( Associated Press )

New ATMs Dispense $1 and $5 Bills

New ATMs Dispense $1 and $5 Bills - Hundreds of new ATMs capable of dispensing as little as $1 are popping up across the country.

Chase and PNC have both been launching ATMs that churn out exact change to the dollar, allowing customers to withdraw denominations as low as $1 and $5.

Chase has rolled out between 350 and 400 such ATMs over the past 18 months, and the count is expected to double by the end of the year. Customers can type in the withdrawal amount, opt for "custom denominations" and select how many bills of each denomination they want.

The new machines, located within branches or drive-thrus, even have the capability of dispensing coins, a service that will be piloted soon and eventually rolled out nationwide.

The move is part of Chase's push to create what are essentially virtual tellers, that don't require additional staffing and increase efficiency for customers, said Bill Sheley, head of branch innovation. He calls the machines "next generation ATMs or new teller platforms." Other services the ATMs provide include paying credit card bills and loading Chase prepaid cards with cash.

Meanwhile, PNC has already upgraded more than half of its 7,200 ATMs to dispense $1 and $5 bills over the past year, and the rest are expected to be upgraded by the end of the summer. A PNC spokesman said the bank is adding this feature to make its ATMs more convenient for its customers.

The option to get exact change will be a plus for customers -- including those with low account balances who want to take out less than $20 or who need $25 but don't want to take out $40, for example, said Greg McBride, senior financial analyst at Bankrate.com.

"Particularly in difficult financial times when peoples' account balances have been lower, not having to withdraw more money than you really need is helpful," said McBride.

The new ATMs are free for customers. But the same out-of-network fees apply to non-customers as they do for any of the banks' ATMs. Chase ATMs cost $3 for non-customers to use, while PNC charges $2.50. A customer's own bank also typically charges a fee of around $1.60 when they use an out-of-network ATM.

In many cases, these out-of-network fees overshadow the convenience of getting exact change. But for some non-customers, it may be worth it, McBride said.

For someone who needs $45 but would overdraw their bank account if they took out $60, for example, it might make sense to pay a $4 fee to get the precise $45 from a PNC or Chase ATM.

Since it costs banks to add denominations to their ATMs, this new capability will need to prove worth it -- either in fee revenue or customer retention -- before other banks follow suit, said McBride.

Wells Fargo and Citi said they don't have any ATMs that dispense $1 and $5 bills at this time. TD Bank has a small number of ATMs inside businesses that dispense $5 bills, but most of its machines dispense only $20 bills and it doesn't have plans to introduce lower denominations. A Bank of America spokeswoman declined to comment on future plans but said its ATMs currently dispense $10 bills and that the bank "always looks at ways to make banking at our ATMs more convenient." ( CNNMoney.com )

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Ten Ways to Find Customers with Mobile Marketing

Ten Ways to Find Customers with Mobile Marketing - Smart business owners find customers by placing their marketing messages where the most eyeballs are focused. And nowhere are there more eyeballs than on the screens of mobile devices such as smartphones and tablets.

More than two thirds of the world’s population has a mobile subscription, and mobile users are highly active. Facebook recently reported statistics indicating that over half of its 500 million subscribers access Facebook from a mobile device and exhibit twice the activity level of non-mobile users. The time for mobile marketing is now.

Finding customers with mobile marketing involves either pulling people toward your messages or pushing your messages out. Here are 10 mobile-marketing channels that'll help your efforts:

http://www.entrepreneur.com/dbimages/blog/10-ways-to-find-customers-with-mobile-marketing.jpg

Text-messaging (SMS)

Pull customers to your SMS messages by asking people to opt-in to your text-messaging list. Use a text-messaging provider such as eztexting.com or motomessage.com to access a short phone number known as a common short code and an opt-in keyword. Then, use the text-messaging service to push periodic text messages out to the people who opt in.

Multi-media messaging (MMS)

MMS messages are like SMS messages, but they can contain pictures, sound and a lot more text. Pull customers in with the same opt-in process as SMS, and then push out multi-media content via your MMS service provider.

Mobile email

Pull customers to your email list with signup links on your website or ask people to text in their email addresses to join. When you push your emails out to mobile users, ask for mobile-friendly actions such as clicking phone numbers instead of links or using the mobile device to show an email coupon at the point of sale.

Mobile search

People searching online with mobile devices are often looking for a nearby product or service. Pull customers to your business by including mobile-friendly maps and directions on your site. Push your location out to new potential customers by asking your customers to check in on their favorite social media service when they visit your physical location so their friends see where they are.

Mobile Internet

Pull mobile visitors to your site by advertising your site's address or by including a mobile barcode -- also known as a Quick Response or QR code -- in your advertising that points to your site. Push messages through your site by formatting content and navigation to be mobile friendly.

Mobile apps

Pull customers to your mobile apps by listing your apps in the app stores and by offering app downloads from your own mobile site. Then, push your marketing messages through the downloaded apps.

Mobile content

Pull customers to content such as videos, images and downloads by providing links and mobile barcodes that activate the content. Push that content by posting to mobile-friendly sites such as YouTube or your own mobile site.

Mobile advertising

Pull customers to your advertising by placing ads on external mobile sites such as mobile versions of newspapers, blogs and other content sites. Push your advertising out by including ads in your e-mails, text messages, mobile content and branded apps.

Voice

Pull customers in by advertising your phone number. Push your messages out by answering the phone or by using Interactive Voice Response systems to answer calls and deliver voice messages automatically.

Capabilities and enablers

Mobile devices come with built-in capabilities and enablers such as cameras, WiFi, and GPS. Pull customers in by asking customers to use their capabilities. For example, taking a picture of a product and e-mailing it to you for a discount. Push your messages out in reply to people who use their capabilities by using one of the aforementioned nine channels.

Have you attempted a mobile marketing campaign? Let us know how it worked for you in the comments section. ( entrepreneur.com )

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Harley-Davidson to build bikes in India

Harley-Davidson to build bikes in India -- Harley-Davidson, the iconic American motorcycle brand with a cult-like following, has announced it has chosen to build its second assembly plant ever outside the United States in India.

The "complete knock down" plant or CKD is expected to be up and running in the northern Indian state of Haryana in first half of 2011. Parts made in America will be put together for the Indian market in Haryana.

"What we are doing is made in USA, assembled in India, which will have a positive job effect back home which is why we are driving this investment as quickly as we are," Anoop Prakash managing director for Harley Davidson India told CNN.

The company is trying to expand its brand internationally from 30 to 40 percent by 2014 according to Prakash and India plays an important role in that.

"We see a distinctive credible growth story here, growth opportunity," he said.

India is the second fastest growing two-wheeler market in the world behind China. More than 10 million two-wheelers were sold in India in the 2009-2010 fiscal year.

Beyond the obvious market potential there is another major reason Harley-Davidson is building an assembly plant in India -- to bring down India's import duties which right now are so high Indian consumers pay double for fully assembled imported vehicles.

Exporting just the parts to India could lower the import duty tariffs by around 40 percent, according to Prakash.

Harley-Davidson's story in India began in 2007 with a trade agreement that allowed India to export mangoes to America in exchange for allowing the United States to export Harley-Davidsons to India.

The company said it is on target to sell 200-250 bikes in the first six months in India. The high-end bikes went on sale in the county in July 2010.

Gurgaon resident Vikram Bhalla was the first to ride off with one in India.

"I've always wanted a Harley when I was growing up. I had little posters on my wall. I remember seeing Harley-Davidson and the Marlborough man, remember the old movies. It made people look so cool, so I thought why not?" Bhalla said.

The company hopes there are many more people like Bhalla in the India market. Harley-Davidson is opening its fifth dealership in Bangalore, India this month. (CNN)

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Do's and Don'ts

Job Hunting On the Job -- Do's and Don'ts. It's a common dilemma: You have a job but you want a better one. Whether you've outgrown your current role, seek increased compensation or need a change of scene, you're ready to explore new employment options.

But how should you go about tracking down opportunities and meeting with hiring managers without jeopardizing your current position? Following are some do's and don'ts for conducting a job search while employed:

DON'T overlook opportunities within your own company. Before updating your résumé and hitting the job boards, consider employment opportunities that may be right under your nose. Many companies looking to fill vacancies give preference to internal candidates and make an effort to encourage these individual to apply for other positions within the company.

Share with your boss your interest in pursuing a new or higher-level position. He or she may be able to help you transfer to a different department, move into a role of increased responsibility or give you a chance to work on projects that will expand your skill set and prepare you for advancement.

DO be discreet. If you want to keep your job search a secret, don't talk about it. If you tell your co-workers, you can be sure that it will get back to your boss, one way or another.

DON'T search on your employer's time. You're being paid to work for the company, so you shouldn't be surfing the Web for job openings during business hours. Any activity related to your job search, including scheduling interviews, should be completed on your own time.

DO get organized. Set aside blocks of time that you can devote to your employment search; you will be amazed by how much you can get done in just a few hours. In addition to focusing on your job hunt at night and on weekends, you can use your lunch break to scour the want ads or review your résumé. This also is a good time to return prospective employers' phone calls on your cell phone.

DON'T use company resources. No matter how convenient it may be, don't use office stationery, stamps, fax machines or copiers. It's not only an inappropriate and unethical use of company resources but also an easy way for colleagues to find out about your job search from evidence you accidentally leave behind. Along the same lines, avoid using the office's computers and phone systems to reach out to hiring managers. Many employers monitor Internet usage and review phone call logs, making it easy for them to learn of your job hunt.

DO be careful where you post your résumé. If you don't want your current firm to accidentally find your résumé when searching for new hires, post on a job site where you can keep your employer and contact information confidential. For example, CareerBuilder.com offers three levels of privacy from which job seekers can choose.

DON'T make up excuses when meeting with hiring managers. Most hiring managers will understand that accommodations may have to be made for you to attend an employment interview. Try to schedule meetings for either the beginning or the end of the day, or during your lunch hour. If a prospective employer can't interview you during those times, take a personal day.

DO pay attention to how you dress. If your normal work attire consists of jeans and sneakers, showing up to the office in a business suit is likely to arouse suspicion. Avoid the attention by bringing a change of clothes.

DON'T forget to network. More jobs are obtained through word of mouth than any other method, so take every opportunity to expand your circle of contacts. In addition to getting involved in professional associations and other networking groups, focus on meeting people while doing everyday activities. Try striking up conversations with those around you, from the coffee shop barista to the person sitting next to you at the doctor's office. These discussions can help you gain job leads or other valuable contacts.

DO register with a staffing firm. Consider partnering with a recruiter, who can work discreetly on your behalf to distribute your résumé and uncover job opportunities. These professionals also can offer guidance on enhancing your résumé, improving your interview skills and increasing your chances of landing a new position.

If you want to find a new job, stick to your game plan, be persistent and, perhaps most importantly, be respectful of your current employer. Though you may be tempted to conduct a quick search between projects or work on your résumé on the job, think twice before doing so. You wouldn't want to do anything that could jeopardize your current position and future references. ( msn.com )

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