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Sixth Circuit’s Decision on Privacy Claims over Data Breaches

Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data. But small to midsize businesses often fail to appreciate the risk of a data breach to their own business.

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But small to midsize businesses often fail to appreciate the risk of a data breach to their own business. They may believe that they are not targets because of their size or because they do not hold valuable information. Their “not in my business” assumption is wrong. Indeed, because security measures adopted by small and medium size businesses may not be as up-to-date as those used by national and multinational corporations, and because of the value of data held by every business, regardless of its size, these smaller entities may be just as likely to have their systems targeted as the big corporations. Businesses — regardless of their size — could incur high costs in responding to a breach with a forensic investigation, remediation, notification, and reputation damage control, as well as potential fines under breach notification statutes.

Still, businesses could take heart that there was a relatively low risk of tort litigation brought by those individuals whose data had been exposed. Some states, such as New York, do not recognize a common law right to privacy from which a tort claim could arise. It does, however, recognize statutory privacy claims, but only in strictly limited cases, such as for invasion of privacy in advertising or for a commercial purpose, or where a unique relationship between parties (such as doctor/patient or attorney/client) creates a duty. See, e.g., Messenger v. Gruner & Jahr Printing & Publishing, 94 N.Y.2d 436 (2000); Foster v. Svenson, 128 A.D.3d 150 (1st Dept. 2015); Farrow v. Allstate Ins., 53 A.D.3d 563 (2d Dept. 2008). See also, Civil Rights Law §§50 and 51. Federal privacy statutes also provide for recovery only in limited circumstances. As such, once the direct costs of responding to a breach had been borne, the risk of subsequent litigation was low.

Now, however, that may be changing.

That’s because the U.S. Court of Appeals for the Sixth Circuit, in Galaria v. Nationwide Mutual Ins., Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016), recently adopted a broad view of “injury-in-fact” for purposes of standing under Article III of the U.S. Constitution to bring privacy claims under diverse theories of recovery. It remains to be seen whether the other circuits will agree, but plaintiffs’ lawyers are likely to argue that Galaria opened the door to standing, which could result in the courts being flooded with privacy claims. (For more on standing in data breach cases, see, “Standing to Assert Claims for Online Privacy Breaches,” in the January 2016 issue.) Moreover, the recognition of a cognizable injury, even in the absence of proof of access to the records, may extend to privacy claims under New York law, such as in connection with “negligence per se” or prima facie tort, or arising from federal statutes intended to impose a duty of security as to categories of private data.

The Information

Any business, no matter its size, is at risk of a data breach event so long as it uses interconnected computers, websites, the Internet, or mobile devices for any purpose or allows its employees, partners, contractors, or customers to do so.

Today, no matter a company’s industry or size, it electronically maintains customer information (including order history, payment records, addresses, and telephone numbers); employee information (such as personal health, salary, contact, and financial information, including Social Security numbers and bank accounts); legal, accounting, and finance information (including corporate governance documents, corporate tax documents, communications with legal counsel, and contracts, proposals, and bids); and information about its products, distribution, inventory, and supply chain.

It is within this context that the Galaria ruling should be considered.

After hackers breached the computer network of Nationwide Mutual Insurance Company and stole the personal information of 1.1 million individuals, Nationwide informed them of the breach and advised taking steps to prevent or mitigate misuse of the stolen data, including monitoring bank statements and credit reports for unusual activity. Nationwide also suggested that they set up fraud alerts and place a security freeze on their credit reports.

Nationwide was sued, with plaintiffs alleging claims for violation of the Fair Credit Reporting Act, negligence, invasion of privacy by public disclosure of private facts, and bailment. The plaintiffs alleged that there was an illicit international market for stolen data that was used to obtain identification, government benefits, employment, housing, medical services, financial services, and credit and debit cards. They alleged that identity thieves also might use a victim’s identity when arrested, resulting in warrants issued in the victim’s name. They asserted that the Nationwide data breach had created an “imminent, immediate and continuing increased risk” that they would be subject to identity fraud.

The plaintiffs also contended that they had suffered, and would continue to suffer, costs including “purchasing credit reporting services, purchasing credit monitoring and/or Internet monitoring services, frequently obtaining, purchasing and reviewing credit reports, bank statements, and other similar information, instituting and/or removing credit freezes and/or closing or modifying financial accounts.”

The district court dismissed the complaints, concluding, among other things, that the plaintiffs lacked Article III standing to bring the negligence and bailment claims against Nationwide because they had not alleged a cognizable injury. The plaintiffs appealed to the Sixth Circuit.

Sixth Circuit’s Decision

The Sixth Circuit reversed the district court on the standing issue.

In its decision, it explained that, for Article III standing, a plaintiff must have suffered an injury-in-fact. The circuit court then ruled that the plaintiffs’ allegations of a “substantial risk of harm, coupled with reasonably incurred mitigation costs,” were sufficient to establish a cognizable Article III injury at the pleading stage. It observed that the plaintiffs had alleged that the theft of their personal data had placed them at a “continuing, increased risk of fraud and identity theft” — and found that this was beyond any “speculative allegations” of “possible future injury” that were insufficient under Supreme Court precedent. See, Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (Feb. 26, 2013).

Here, the circuit court added, there was “no need for speculation” given that the plaintiffs had alleged that their data already had been stolen and was in the hands of “ill-intentioned criminals.” One of the plaintiffs, the circuit court noted, contended that he had discovered three unauthorized attempts to open credit cards in his name, and that applications had been made using his name, Social Security number, and date of birth. The circuit court added that Nationwide’s offer to provide credit monitoring and identity theft protection for a full year suggested that it seemed to recognize the severity of the risk.

The circuit court then declared that, where a data breach targeted personal information, a “reasonable inference” could be drawn that the hackers would use the victims’ data for the fraudulent purposes alleged in the plaintiffs’ complaints.

Interestingly, the circuit court said that although it might not be “literally certain” that the plaintiffs’ data would be misused, there was a “sufficiently substantial risk of harm” that incurring mitigation costs was a reasonable step for the plaintiffs to take. Moreover, it added, as the plaintiffs already knew that they had “lost control of their data,” it would be unreasonable to expect them to wait for “actual misuse” before taking steps to ensure their own personal and financial security — particularly because Nationwide had recommended taking these steps.

In the Sixth Circuit’s opinion, this was not a case where plaintiffs sought to “manufacture standing by incurring costs in anticipation of non-imminent harm.” Rather, the costs alleged by the plaintiffs were a “concrete injury suffered to mitigate an imminent harm,” and they satisfied the injury requirement for purposes of Article III standing.

The Seventh and Ninth Circuits, addressing standing in data breach cases, have reached the same conclusion. In Remijas v. Neiman Marcus Group, 794 F.3d 688 (7th Cir. 2015), the Seventh Circuit held that victims of a data breach at a department store had established injury-in-fact by alleging a “substantial risk of harm” from the theft of their data. See also, Lewert v. P.F. Chang’s China Bistro, 819 F.3d 963 (7th Cir. 2016). The Ninth Circuit similarly found Article III standing in Krottner v. Starbucks, 628 F.3d 1139 (9th Cir. 2010), where employees brought suit after a thief stole a company laptop containing their personal information.

By contrast, the Third Circuit reached a different conclusion in Reilly v. Ceridian, 664 F.3d 38 (3d Cir. 2011), although this case may be distinguishable on the ground that there was no evidence that the intrusion had been intentional or malicious.

What the Second Circuit will decide when it is faced with the issue of standing in a data breach action, and how New York and other state common and statutory law will affect the result, remains to be seen. As concerns about data breach become more acute, however, a litigation option for those who are affected is more likely to be recognized and could have a significant impact on all businesses.

***** Shari Claire Lewis, a partner in the Long Island office of Rivkin Radler, can be reached at

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BACKGROUND: Fatigue is a chief complaint in cancer patients, and warrants effective treatment. Biofield therapies are complementary medicine approaches used by cancer populations. There is little information about their efficacy. METHODS: This blinded, randomized controlled trial examined the effects of 4 weeks (eight 1-hour sessions) of biofield healing compared with mock healing and a waitlist control group on fatigue in 76 fatigued breast cancer survivors (stages I-IIIa). Secondary outcomes were diurnal cortisol variability (via estimates of cortisol slope), depression, and quality of life (QOL). Treatment belief was assessed to explore whether belief predicted outcomes. Data were analyzed via hierarchical linear modeling. RESULTS: There were no significant differences between biofield healing and mock healing on belief; 75% thought they received biofield healing. Compared with controls, biofield healing significantly decreased total fatigue (P < .0005, Cohen's d = 1.04), as did mock healing (P = .02, Cohen's d = 0.68), with no significant differences between biofield healing and mock healing. Cortisol slope significantly decreased for biofield healing versus both mock healing and control (P < .04 in both cases; Cohen's d = 0.58). Belief predicted changes in QOL over and above group (P = .004, Cohen's d = 0.84). Belief did not impact fatigue or cortisol variability. CONCLUSIONS: Nonspecific factors are important in responses to biofield interventions for fatigue. Belief predicts QOL responses but not fatigue or cortisol variability. Biofield therapies increase cortisol variability independent of belief and other nonspecific factors. There is a need to further examine the effects of specific processes of biofield healing on outcomes for cancer populations.


Moby Dick ~ Paperback ~ Herman Melville

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"Call me Ishmael." With this line, one of the most powerful works in American literature opens. Filled with physiological and metaphysical implications, Herman Melville's "Moby Dick" is not only one of the Great American Novels, it is a paradox between reality and the supernatural. Is the whale just a large animal being pursued by a madman, or is there much more to this story? "Moby Dick" is the subject of countless papers psychoanalyzing all aspects of what is said, done and suggested in the book. It is a classic deserving of being read and reread. Photographic Reproduction of the 1892 Edition. Part of the Cornerstone Classic Reproduction Series. Updated .

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Gift Economy — Review and Commentary by Bernhardt Writer

Christmas Gifts

Confess with Your Mouth, Believe In Your Heart

In case you don’t already know, an elevator speech is a short summary description of a product or service and the benefits that result from receiving them. The Apostle Paul offers us just such a statement:

I’ve always wondered; is that one sentence enough? Is its prescription adequate to attain eternal life?

First, where does this statement come from? The Apostle Paul writes in his letter to the church at Rome:

Now, it’s important to realize that Paul is paraphrasing the prophet Moses and elaborating on what he said long ago:

“For this commandment that I command you today is not too hard for you, neither is it far off…But the word is very near you. It is in your mouth and in your heart, so that you can do it.” Deuteronomy 30:11, 14 (ESV)

Moses was giving the people of his day the same Gospel. However, it was veiled. It was only a type and shadow of good things to come. Paul lifts the veil of Moses’s statement.

Further, Paul explains the sentence we are discussing by way of his very next:

The first clause: For with the heart one believes and is justified (i.e., made righteous) follows from another of Paul’s writings in the same letter, Romans 4:3, 23-25 (ESV):

But how is Jesus the Lord? The Apostle Peter proclaimed to those of his day:

The second clause: with the mouth one confesses and is saved is related to the first clause, as the Lord Jesus explains:

That accounts for the relation between our hearts and mouths. But what is the benefit of confessing Jesus as Lord? The Lord Jesus makes this starkly clear:

And what is one saved from? Paul explains:

As with any elevator speech, it’s meant to win an opportunity for a longer hearing.

But, if you only have one chance, it’s a pretty good seed to plant.

“Oklahoma”, The Call (Likely lyrics, the Band, this Video)

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Welcome aboard Minke, a unique exploration motorsailer.

Minke@Smuggler Cove

To fully understand the environment, it is necessary to experience it firsthand. For a small crew of hardy explorers, motorsailer Minke makes that possible.

In 2017 Minke journeyed through the inner passages and coastal byways of British Columbia and the Salish Sea. The next voyage planned for Minke is a crossing of the North Pacific to Asia in 2018. We will leave the Salish Sea through the Straight of Juan de Fuca and set our course southwest toward Hawaii. From Hawaii we expect to join the Pacific trade winds for a long passage to Guam and the South China Sea beyond.

If you are a friendly and enthusiastic person, able to adapt quickly to life on the water, have relevant experience and/or special skills (e.g., sailing experience, knowledge of mechanical systems, photography skills, etc.), and would be eager to join a very small crew on the next voyage, please get in touch.


29 And Moses said, I shall go out from thee, and I shall pray (to) the Lord; and the fly, that is, the multitude of flies, shall go away from Pharaoh, and from his servants, and (from) his people, tomorrow; nevertheless do not thou more deceive me, that thou deliver not the people to make sacrifice to the Lord (but do not thou deceive me again, and not allow the people to go, and offer sacrifices to the Lord).


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Rose #1042004

Rosa spp

Take it to your greenhouse.
There are no known parents.

Roses are known as the queen of flowers. Since ancient times red roses are a symbol of love. They were dedicated to various gods of love and fertility. The fruit of the rose, the rose hips are aggregate fruits. They can be processed into jam, liqueur or fruitwine. Most fruit tea blends contain rose hips.

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- The Progressive Pulse - http://pulse.ncpolicywatch.org -

Why NC Blue Cross doesn’t like the Senate health reform bill

From Robert Pear’s NYT story this morning:

The bill would establish stringent federal standards for an industry that, since its inception, has been regulated mainly by the states.

Under the bill, insurers could not deny coverage because of a person’s medical condition; could not charge higher premiums because of a person’s sex or health status; and could not rescind coverage when a person becomes sick or disabled. The government would, in effect, limit the profits of insurers by requiring them to spend at least 80 to 85 cents of every premium dollar on medical care.

The specificity of federal standards is illustrated by one section of the bill, which requires insurers to issue a summary of benefits that “does not exceed four pages in length and does not include print smaller than 12-point font.”

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Oct 03

Preparation Tips Before Renovating Homes

renovation homeWhen you want to do a home renovations, of course we have to calculate the required cost and if we are not careful, the original budget could swell. Here’s how to so that we can keep renovating our House but in a way that is efficient and of course without reducing the beauty of our homes.

What are the tips for home renovation? Here are some tips for renovations so that efficiency and quality:

Specify the concept of renovation is ripe

In this step, we determine which parts of the House that we want to fix it, how will we design, reuse old material or not. If you want to use old material certainly should be dismantled carefully so as not to damage. While the design is useful in order to determine the result as we want. Because when results don’t match, we have to uninstall it so that cost a lot more. By knowing the concept carefully also helps builders working on faster.

Specify the quality of building materials and building materials to be used

When did our funding is limited, there is no harm, we use top-quality goods are or used items. When we choose carefully, we can find a second-hand but of good quality.

The use of medium-quality items such as ceramic floors, wood, paint, or interior sills. Ceramic tiles are mounted with a good technique can produce a beautiful floor although using quality ceramic. While parts of the compulsory use of goods with good quality is the Foundation of the House, water pipes that are planted, the structure of the building, the roof frame. Conceivably, if the earlier leaks or broken, of course we should dismantle it again, which means it needs to spend money again. Exterior paints are also advised to use good quality because the outside of the home are usually exposed to the searing Sun, rain or moist air.

Remove one part renovation work

What is meant here is we don’t do one part of the job, so that the time used more quickly and can save on costs. For example: without Walls plastered walls that can create a natural look, or paint without the primed.

Payment method selection

Method of payment is generally divided into two, namely wholesale and daily. If indeed we have been certain what will be renovated and we already know the concept of the renovation is done, it is better we use the system volume. In contrast, when the concept of the renovation, we haven’t obviously we can pay workers on a daily basis.

Choose the right time for renovation

The renovations should be done during the rainy season, because in this season of builders who can work met with difficulties. In addition, to the outside that is being renovated into a hard dry and could even be damaged.

Because of the many considerations that must be done, let us take care of your home renovations to an experienced contractor, any renovation work on your home. Just three steps if you are using the services of home renovation to be able to realize your plans to renovate our home:

  1. Contact us, tell us Your wishes and plans.
  2. Specify the time and the team will visit you to survey directly on site and consult with you, and most Charge (Services Survey and free consultation).
  3. If the deal is reached, please enjoy the service and payment system that is flexible and tailored to the budget you have.


Katy Pyle’s Ballez is the inclusive dance studio you’ve been waiting for

The New York City-based studio reimagines what ballet can be.

Ballet has long been considered a relatively exclusive art form. Besides the rigidity and discipline required, it’s also notorious for pushing a brutal, near impossible to achieve aesthetic: painfully thin, mostly white women still make up the majority of many modern dance companies. Choreographer Katy Pyle’s New York City-based Ballez Dance Company is hoping to disrupt this tired standard.

A musical theatre performer from the age of 5, Pyle began training as a ballet dancer from the age of 15 at the North Carolina School of the Arts. However, she soon began to feel a growing disconnect between herself and the art form that she had dedicated her life to. Frustrated by ballet’s enforced image, she began working to reinterpret classical pieces to better cater to queer and trans bodies and narratives; and eventually founded her own dance studio, Ballez.

Aiming to nurture, empower, and disrupt the stereotypes that surround ballet, Ballez is made up of a troupe of dancers who identify as queer, trans and gender-nonconforming. Offering adult classes for anyone, regardless of skill level, the playful and inclusive learning space allows participants to both explore the traditionally gender-binaried, exclusive culture of ballet and reinterpret it as they see fit.

“I just don’t believe in neutral,” Pyle told The New York Times. “I want to use this form to show that people are still carrying these subconscious judgments and ideas about how we should behave in relation to each other, how we should look and move, and what’s possible and what’s allowed.”

Ballez does away with the rigid confines of structure and instead allows the dancers true freedom of movement and expression - and very soon, anyone around the world will be able to enjoy it. Following a successful Kickstarter campaign, Pyle has plans to develop series of instructional videos to be released online for anyone interested in learning the Ballez technique.


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Major Pairs

DEFINITION of 'Major Pairs'

These currency pairs are considered by many to drive the global forex market and are the most heavily traded. Although it is widely regarded that the major pairs consist of only four pairs, some believe that the USD/CAD and USD/AUD pairs should also be regarded as majors. However, these two pairs can be found in the group of pairs known as the "commodity pairs".


Physics Homework

posted by .

I have a few questions that I don't understand and would like to get checked, please?

My answer: p=work/time
p=50m/1s=50 Watt

-I don't understand this question.

  • Physics Homework -

    The answer to 5. is yes, but some of the energy may be heat and not show up in equations of motion. Only elastic collision conserve (kinetic + potential) energy.

    9. Your equation is wrong. You cannot divide distance by time to get power. At terminal speed,
    (powerloss) = weight x velocity.
    The average power for the one second is M g/(1 sec)

    12. The energy from oil starts with chemical energy in the molecules that gets converted to heat in an engine (by reacting with oxygen), and then converted to mechanical energy when a piston is pushed by hot combustion products.

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LLNL discover major step forward for 3D printing

Researchers at Lawrence Livermore National Laboratory (LLNL) have taken a major step toward answering a question plaguing a common metal 3-D printing technique: What interactions can lead to the porosity found in parts produced by laser powder-bed fusion processes?

In a paper published in the recent edition of the journal Acta Materialia online, LLNL researcher LLNL and his team discovered that gas flow, due to evaporation when the laser irradiates the metal powder, is the driving force that clears away powder near the laser’s path during a build. This “denudation” phenomenon reduces the amount of powder available when the laser makes its next pass, causing tiny gaps and defects in the finished part.

Using a custom-built microscope setup, a vacuum chamber and an ultra high-speed camera (provided by the Lab’s High Explosives Applications Facility), Matthews’ team observed the ejection of metal powder away from the laser during the melting process, and, through computer simulation and fluid dynamics principles, built models to help explain the particles’ movement. Wayne King, director of the Accelerated Certification of Additively Manufactured Metals project at LLNL, called the findings a “big step forward” for the process.


CompTIA Security Plus Mock Test Q319

A. Date of birth.
B. First and last name.
C. Phone number.
D. Employer name.

Correct Answer: A
Section: Compliance and Operational Security

Incorrect Answers:
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Seniors and the impact of loneliness and isolation

August 13, 2015 by Martine Rodrigue

First of all, we must separate the notion of loneliness from that of isolation. We consider a person to be experiencing isolation when they are remote from their social network (relatives or friends) for various reasons. This is an objective fact: the person is alone.

Loneliness is a more subjective state. Researchers that have investigated this question agree to say that social isolation does not necessarily lead to loneliness. Conversely, being surrounded by relatives and friends is not a bulwark against loneliness either.

Experiencing loneliness is a painful and negative situation that can lead to anxiety, boredom or a bad mood, for instance. The feeling originates from the way the person perceives her actual social network — whether it is flawed or not — and this leads to an imbalance between actual and desired social relations. Several factors can lead to the development of loneliness, of which widowhood, health conditions, physical disabilities or poor social skills.

Because of the pain generated by loneliness in some elderly people, it is important to identify it and also pinpoint its causes in order to better act on them. Sometimes, the sole fact of making transportation available or addressing a sight or hearing problem is enough to solve the issue. Plus, motivating these people to participate in support groups (i.e. bereavement support groups) or coaching them in the development of a new social network can also prove effective.

To conclude, let’s keep in mind that it is possible for a person to feel alone in a crowd, just as it is possible for someone to be very comfortable living the solitary life they have chosen. We need to listen to the needs expressed by our elderly people, because they are in the best position to identify them. After that, it’s up to us to act on it.

The author:


the collections have continued to grow and evolve with every season. an artist at an early age, Naoyo remains true to her heart and gains inspiration from her surroundings. she currently lives and works in new york city while continuing to draw from the organic. this stark contradiction between her urban environment and the natural surroundings in which she was raised is the basis of her design philosophy. she incorporates delicate details in every piece with a warm and playful spirit thus attaining bold intricacy and timelessness. the ten years of new york experience has afforded Naoyo the opportunity to expand her mind and to broaden her creativity while continuing to blur the line between art and jewelry.


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"Killer Cops: Riots, Rage and Reasons"

  • Broadcast in Music

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If you liked this show, you should follow K100.

 By now you all know of the events that took place in Ferguson, MO with the apparent murder of an unarmed teen, Mike Brown, by a police officer. This isn't even close to being an isolated event, but this event has sparked civil unrest in the area with some good and bad reactions to the shooting. There are several different angles to look at things, but the one angle that can't be skewed is the fact that a 17 year old young man is dead at the hands of the police. And so far, there is no evidence whatsoever that he was armed with a weapon.

 The fallout, the riots, the blame game its all open for debate. But in my opinion, the police are out of control and they have to be held more accountable for taking a human life. Tonight I will address some of the things I have seen people debate about in my social media network as it pertains to this issue and chain of events:

1) Is this a RACIAL issue or not? Does the fact that the murdered young man was black and the police officer was white make the situation that much more worse or should that matter? Did he die because he was black?

2) Are black people being hypocritical by being upset about this murder, but not the murder of countless blacks by the hands of other blacks in high numbers?

3) Was the rioting and looting of businesses really wrong as a reaction to the murder of the young man?

4) What do you feel about the level of concern from your local and national policitcal leaders about this event, mainly President Obama?

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Tag Archives: universe

Cosmic Pain and interconnectedness – even Nikola Tesla spoke about it already in 1899

Have you ever felt all of a sudden upset, weary, uncertain or even depressed without even knowing where it would come from? Than you are definitely an Empath and these kind of emotions probably one of your daily experiences.

It is everything than easy to be an Empath and life can get even more difficult if we try to suppress or deny our faculty to feel. Empaths are naturally born sensitive people and there is nothing abnormal about that. I even would like to say that everyone is born an Empath, because everyone was born to feel. In addition to that I do believe that this naturally born ability to feel – what others feel is not a gift but a part of our survival. Humans are social beings and daily interaction with others is as important as the air to breath. Apart from the times when we feel to withdraw from the world to find some comfort and peace in solitude. Through our need to socialize and interact with others for our own well-being we also will discover that we feel more comfortable around certain people than others.

That we seek out places that naturally feed our own sensitivity if we want to stay balanced and healthy. Overcrowded, noisy and fast changing places are not part of our natural desire to live because we can easily lose ourselves. By losing oneself I would like to refer to the idea that there is a certain balance mentally, emotionally and physically in which we have a feeling for who we are. A state of mind in which we clearly can define ourselves and feel the boundaries with others.

photo by crisisprevention.com

On the other hand side we also were given the ability to sense frequencies that go beyond our logical understanding. Well at least as long as we have developed an understanding what it means to be connected to everything and everyone on this planet. We are able to perceive emotions and thoughts of other people who are around us but also from people very far away. A mother instinctively knows when one of her children suffers or is not well. The mother bond is probably one of the strongest but birth related bonds we can have. The phenomena to feel that someone is struggling or going through  difficulties is not only restricted to a mother and her child. Furthermore it can be experienced by close friends, lovers, siblings or anyone else we have a close connection with. It is something natural and happens everyday but most of the time we don’t spend much attention or we just wash it off. We just don’t follow our own feelings or we don’t trust them.

In many cases it makes itself seen in situations like, suddenly we think of a certain person and do feel might the desire to ask them how they are doing? After a while of pros and cons we finally get in touch with that person, or even the person gets in touch with us. And we come to realize what we felt was right and the person we thought of is struggling at the moment. These experiences can be surprisingly, amazing and lead to a deeper connection with each other. This is the gift of an empath and can become the beginning of someone’s own psychic experiences.

But there are times in which we might feel a certain uncomfortable feeling and we not able to place it anywhere. A sudden sadness, despair or hopelessness overcomes us and there seem to be no place to go. We might try the strategy of naming the origin of the feeling and after calling all family members and friends we still haven’t found it yet. Normally when we found out to whom the feeling belonged it will disappear quickly but there are moments when it doesn’t disappear and we sit there thinking…what the hell is going on?

From my own experience but also from the research I did over the years I found a lovely word for the unexplainable. Its called “Cosmic Pain”. The great inventor Nikola Tesla used it in one of his interviews from 1899.

photo by pbs.org

When a man becomes conscious; that his highest goal must be to run for a shooting star and tries to capture it; shall understand that his life was given to him because of this and will be saved. Stars will eventually be capable of catching!

JOURNALIST: And what will happen then?

So he states that we are so connected on this whole planet that we can feel and get upset when something wrong in the world is happening. We are all born the same way, the same desires, longings such as love, harmony, belonging and safety. Means that we all striving for the same thing and we will feel when something happens that doesn’t resonate with it. It is not only that we feel tragic events happening when they are actually happening but there are people who can sense things like earthquakes, tsunamis and other disasters before they actually happen.

photo by google.com

My mother is one of these people and often got really upset for no reason. She suddenly withdrew from the world for a while and took time to feel what there was to feel. I never really understood what was wrong with her and even when I did asked she didn’t give me an answer. Just in later years my mother opened up to me and said: “Julie, I feel so sad. I think something tragic is going to happen.” Two days later a Tsunami hit the coast of Japan and damaged the Atomic Power plant seriously.

This experience can even be more intensified when wrong doings go against a majority of people or a majority of people become to know about it. Our present time is a brilliant example if we take a closer look at the Donald Trump problem. I can’t even imagine how many thoughts, fears, and emotions he triggers daily in people’s minds and heads. Even if you are currently not really affected by his presidency you might still feel a bit uncertain, insecure, angry or drawn to read about his latest undertakings.

photo by edithboyertelmer.wordpress.com

So we can be affected by others from near and far because all is made of energy. We can suffer when people we love suffer but also people on the other side of the planet. There is no time and space, no boundaries and borders in our connectedness because we are one race. We are human beings. Sometimes this connection can be very hard to carry and we easily lose ourselves, especially when we can’t tell any more what is us and what is the other. We can‘t protect ourselves from this overwhelming feelings when tragic things are happening or going happen. This is our cosmic pain or collective pain we experience. We will experience our own hopeless and helplessness and we will learn how to integrate these in our lives. But in addition to that we can also furthermore become aware of its potential. We suddenly can become aware of the power we have and how this can affect others and the world.

Means, if we can feel what others feel, people also can pick up on our energy. So we can influence with our thoughts, feelings and actions other people even if they are not around. Sending prayer and blessings is one positive thing we can do for ourselves and others. But also if we finally start loving ourself, aligning ourself with the universal harmony we soon will see how others are attracted to us and furthermore how things can change. People will always be drawn to positive energy and harmony as this is our deepest desire and expression as human beings.

Within all this cosmic pain and our shared humanity we will come to the realization that – what we heal in ourselves we actually heal in others too.

photo by quotesgram.com

or send an email directly to julie@blossomofthesoul.org

Whole interview of Nikola Tesla can be found here….

(featured image – astrodonimaging.com)

Your universe by Julie Jurgan

Stop looking for answers

How long have been you been looking for answers? How many days have you wasted with questioning? How many times have you been doubting yourself?

How many times did you go outside and returned with empty hands? Warming your skin on the fire of confusion? Looking for shelter under the roof of comfort.

How many days have you walked in the rain of desperation? Followed by the shadows of the past? Creeping up on you like memories from a long time ago?

How many nights have you laid wide awake in your bed? Starring into the nothingness of your room while bathing in your own vulnerability?

How far have you travelled just to reach a place where they teach you the lesson of experience? How brave have you been in the exploration of your very own self?

How often have you looked into the mirror and asked yourself – who have I become?

How many traces have you left on the beaches of time? When you crawled down into the insecurity of your very own existence?

How often my friend have you questioned your gift? How often do you keep me asking the same old questions?

When my friend will you finally realize – all that was given to you – is exactly what you were made for. The suffering makes you stronger, the pain makes you softer, the love opens your heart and the joy should bring tears to your eyes.

This is your life. Keep on going. Keep on fighting. Keep on breathing.

Keep on pushing forwards till your knees get weak and your mind gets weary. Let me then take over and carry you the last bit of the way. Let the pressure bring you down on the very ground of life. Taste what it feels like to have nothing – so I can give you everything.

Let me in. Let me show you what it means to be born – to let go – to gain – to lose. Let me show what depth we can reach before we touch the sky.

Let me shed your skin – so your wings can grow – and you can fly

Let me be your wind. Let me be your ocean. Let me teach you how to connect with all that is.

Let me push and safe you. Let lose and let me touch you.

Let me show you – how stars are born.

With love,

Your Universe

Or send directly an email to julie@blossomofthesoul.org

(featured image – youtube.com)

Julie Jurgan – The law of dharmic direction (video)

The law of dharma is not easy to describe as it is based in the buddhist/hindu belief system. I tried to step away from any religious belief and still tried to make sense of something that is so hard to describe but easy to feel.

The law of dharma resonates with us when we are ready to live our full potential. When we are ready to step forward into a new direction of self-expression. What is it that we want to do after we have found ourselves.

How do we want to make us of our talents and potential and how can we be of benefit for society and others? What happens after we have found our potential? Do we need to follow it or is there any other way to explore something that we might feel drawn to but never been brave enough to explore.

What role plays karma in the process of dharmic direction? How much should the thought of karma influence our decision when it comes to the expression of the soul?

(featured image – wallpapercraze.com)

Julie Jurgan – The 50 universal laws

There is a concept which governs the movements of the universe and its expressions and these are called the universal laws. Over centuries humankind has been fascinated and fearful of the universal powers. Many attempts were made since then to explore the secrets of the universe to understand its power and predict its outcomes.

The time has come that we know more about the universe than ever before in the history of life. We are able to gain information for upcoming natural disasters as well as the weather. In addition to that we traveled to the moon and able to explore new planets via our progress in science. We learnt how to make use of the physical laws and how to use them for our benefits for traveling in space and time. We experienced our limitations within the physical laws and learnt to accept the unacceptable, our own mortality in the material form.

Now it is time to explore a new territory far away from outer space. I think it is time to discover the universal movements within ourselves. Realizing that our soul is a direct reflection, connection and expression of the universe and its movements. Something within the universe deeply resonates with our own spiritual evolution and longs for a better understanding.

Is reaching out for exploration far away from any physical or religious concept as such, furthermore I speak about a new form of freedom in which we as human beings finally realize that the universe is within us and we are in the universe.

Lets discover the secret of the universal concept which deals with energetic variations, the power of change and transformation and how we can step into this power and use it for our own soul evolution. Making sense and use of the moral and ethics laws of the universe as a legal legitimacy.

Can assist to answer the metaphysical questions:

How does the universe operate?

How can I learnt to understand the universal laws?

How can I use my understanding of the universal laws to improve my life?

How can I work with the universal laws?

Inspired by the concept of the universal laws by Richard Suthpen and Stuart Wilde, I started my first video blog in which I try to explore and discover the universal laws. Insights, Inspirations, questions and answers found their way into my discovery. Life changing events as well as deeply moving happenings followed me along the way of universal self exploration. Diving deeper and deeper into a world that I have never seen as such before.

You might will find some answers for your questions, empowerment and inspiration for your own Soul development. But furthermore I would wish that my video blog will create the desire within you to explore yourself and follow the call to find your own truth.

1. The law of Harmony

2. The law of Reincarnation & Karma

3. The law of Wisdom

4. The law of Grace

5. The law of Soul Evolution

6. The law of Bodhisattva

7. The law of vibrational Alignment

8. The law of Free will

9. The law of One

10. The law of Manifestation

11. The law of Conscious Detachment

12. The law of Gratitude

13. The law of Fellowship

14. The law of Resistance

15. The law of Attraction

16. The law of Reflection

17. The law of Unconditional Love

18. The law of Magnetic Affinities

19. The law of Abundance

20. The law of Divine Order

21. The law of Attitude

22. The law of Threes

23. The law of Association

24. The law of Commitment

25. The law of Dissonance

26. The law of Experience

27. The law of fearful Confrontation

28. The law of Group Consciousness

29. The law of Personal Return

30. The law of Activity

31. The law of Denial

32. The law of New Beginnings

33. The law of Compensation

34. The law of Psychometry Influence

35. The law of Totality

36. The law of Dominant Desire

37. The law of Duality

38. The law of Self-Destruction

39. The law of Environmental Manifestation

40. The law of Restriction

41. The law of Self-worth

42. The law of Growth

43. The law of Self-truth

44. The law of summarized Experience

45. The law of Belief

46. The law of dharmic direction

47. The Law of Purifying Actions

48. The law of Karmic Excess

49. The law of Release

50.The law of Ritual

(featured image – ancientexplorers.com)

Julie Jurgan – The law of Environmental Manifestation ( watch)

The law of Environmental Manifestation reminds us that everything that surrounds us is an extension of ourselves. Our environment is a physical reflection of our attitudes, belief systems and our self-image. By taking an honest look around our environment we might see what we want to change in our lives. But also what we might want to let go to make space for something better.

(featured image – spiritualawakeningtips.com)

Julie – 26th Universal law – The law of Experience

Its been said that the law of experience offers us the possibility to grow and replace existing experiences with new ones. But if we want to step into the power of this universal law we are asked to face our inner demons, our fears and blockages and try again! Sometimes we just need to jump to see that we can fly! xxx

This time I read a part of John Donohues Book – Eternal Echoes – Exploring our hunger to belong. – We belong into this world and the universal laws are working for us, with us and through us xx

( featured image – fubiz.net)


Upstream Information

Upstream is a collection of short films.  Glass passes across solid objects to animate them.  They are filmed melting into their surroundings or appear to be sucked into the frame.  The textured ridges create a rhythm and flow to the loops, often suggestive of water or more abstract landscapes.

Marching Chair


The Nonhuman Island

 The Nonhuman Island (2016– )

The Nonhuman Island is a two-year performative research project that approaches nonhuman beings as potential performance makers, proposing to not only collaborate with them but also create the working structures and the performances on their terms. The project is one of the five current projects, i.e. “islands”, taking place at the Reality Research Center, an experimental performing arts collective situated in Helsinki.

The project delves into the following questions: What kinds of performances emerge, if the makers consist of living and nonliving beings other than human beings? How do these performances change our perception and experience of reality? What kinds of changes do our ways of thinking and working need to go through in order for us to collaborate artistically with nonhuman beings, and how do these changes challenge the conventions of performing arts? What are the ways of performing, spectating and participating nonhuman beings might suggest and enable? Can a performance happen without any human intervention or contribution? What happens to performance as an art form, if and when the human species becomes extinct?

The two-year working process is divided into three phases, each of which makes more space for nonhuman agency, gradually moving human beings from the center to the periphery. In the first phase, nonhuman beings are regarded as equal collaborators; in the second phase, the performances are hopefully initiated by something other than human; in the third phase, the performances may (or may not) emerge without any human interference.

The research process is shared in the form of monthly events consisting of small-scale performances, tasks and discussions. The events are open to anyone and anything; their purpose is to create an open and accessible forum for exploring and discussing the role of the nonhuman in contemporary performance.

During fall 2016, we investigate the ways in which nonhuman beings initiate performative situations and perform themselves and how human beings might take part in these performances. In September, we practiced recognizing and witnessing nonhuman performances and see what kind of changes of perception and thinking this might require from us. In October, we will delve into questions concerning the framing and temporality of nonhuman performances. In November, we will reflect on the position of human beings in performances that are made by something other than human.

During the Fall, we will organize a series of events that are open to human and nonhuman participants alike. The events will take place at various locations in Helsinki area during the following days:
Sunday September 11th 2016, 12-15
Sunday October 2nd 2016, 12-15
Sunday November 6th, 12-15

Past events
Nonhuman Island: Animal (Feb 2016)
Nonhuman Island: Plant (March 2016)
Nonhuman Island: Vibration (April 2016)
Nonhuman Island: Earth (May 2016)
Nonhuman Island: Discussion (June 2016)
Nonhuman Island: Fall (September 2016)
Nonhuman Island: Time (October 2016)

Project Website

Concept and coordination: Saara Hannula
Working group: Anniina Ala-Ruona, Saara Hannula, Luka, Minja Mertanen, Linda Priha, Kati Raatikainen, and other (non)human beings
Production: Reality Research Center, 2016-2017


What is ‘affluenza’ teen’s Mexico legal strategy?

What is ‘affluenza’ teen’s Mexico legal strategy?

A teenage fugitive who’s known for using an “affluenza” defense at his trial for causing a deadly drunken car crash has won an injunction to stay in Mexico, but legal experts say any argument that his human rights have been infringed upon likely won’t hold up.

Ethan Couch, 18, and his mother, Tonya Couch, were taken into custody last week in Mexico’s Pacific resort city of Puerto Vallarta, where authorities think they fled in November as Texas prosecutors investigated whether he had violated the terms of his probation.

Ethan Couch was intoxicated and speeding near Fort Worth in June 2013 when he crashed into a disabled SUV, killing four people and injuring several others, including passengers in his pickup. He pleaded guilty in juvenile court to four counts of intoxication manslaughter and two counts of intoxication assault causing serious bodily injury, and he was sentenced to 10 years’ probation.

Couch is being held at a Mexico City immigration detention center. His mother, meanwhile, awaits transfer to Texas from Los Angeles, where on Tuesday she waived her right to an extradition hearing.

Why would Ethan Couch flee to Mexico?

But Zagaris said it’s unlikely that such protections would be offered to Ethan Couch.

“Because of his money and power, it’s hard for Ethan Couch to allege, as you normally would if you were a potential victim of human rights violations, that he’s going to be subject to unusual and cruel treatment,” he said.

It is unclear whether Mexico was the Couches’ final destination, or what punishment they anticipated Ethan Couch would receive for violating his probation.

What could Ethan Couch gain by delaying his deportation?

If his appeal is unsuccessful, Couch will be deported back to Texas and be held in a county facility until a probation violation hearing Jan. 19.

Tarrant County District Attorney Sharen Wilson has said she plans to ask a judge to transfer the case to adult court, where Couch could get up to 120 days in an adult jail, followed by 10 years of probation. If he violates probation again, he could face up to 10 years in prison per death, Wilson said.

Tarrant County district attorney office spokeswoman Samantha Jordan said delaying his return won’t affect his probation or prosecutors’ plans to request a transfer. “If the motion to transfer is not settled before his return there would be a hearing immediately after he’s back to transfer, and he would still owe the balance of time on his probation term,” she said.

What’s next in the case?

Couch’s lawyer in Mexico, Fernando Benitez, said he planned to meet with Couch this week to decide whether to drop the deportation fight, but he hasn’t commented on his legal strategy.

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Tagged: cognitive science

Describing a new paradigm

In case you didn’t notice, but our knowledge has changed, and along with that, some very widely-held notions of how people are.

We have gained new understandings in the idea of networks – how elements interact together in a system, and how some elements, by virtue of their position, can have disproportionate impact on the entire system. We have gained new understandings in complex phenomenon, of how simple laws can lead to phenomena thought too complex to be understood.

These new understandings apply to both human and non-human systems, from biology, to cellular organization, to the behaviour of ants and bees, or the flocks of birds and the schools of fish.

            We have gained new understandings into ourselves. Fields related to the cognition and the processes of the mind are creating a different conception of the human being, one that suggests the human mind is more complex than we have ever thought before. The human mind at birth is not a blank slate, nor is it infinitely plastic. The brain/mind question is not a simple hardware/software issue.

Our logic is flawed, and shaped by the millennia of selection processes, and cognitive biases are sometimes, manifestation of those processes, sometimes ill-suited to present circumstances. We are only beginning to understand the conception of creativity and how human structures either undermine creativity or allow it to flourish.

We are beginning to realize that monetary incentives will not always motivate people towards desirable behaviour, and how intrinsic motivations are often more powerful than material, extrinsic ones. We are beginning to realize, and look seriously again at the meaning of happiness and how we might arrive there, and how to shape the economic, social and political systems toward that end.

We are only beginning to tap the potential of the very small to the very large and everywhere in between. We are exploring the manipulation of atoms and the individual forces; we are tapping into the potential of microbes for the human ends, to fulfill human needs, of energy, and food. We are continually asking the biggest questions – what is the universe, and we are getting better at asking those questions.

We live in exciting times.


New autism & innovation center receives NSF and Research Corporation grants

Credit: Amy Wolf & Patrick Slattery, Vanderbilt University

Creating a model pipeline that will assist adults on the autism spectrum find meaningful and gainful employment while enhancing local business innovation.

That is the purpose of Vanderbilt University's Center for Autism & Innovation (VCAI). The new center brings together academic researchers, educators, employers, philanthropists and community organizers to address one of the biggest problems that individuals with ASD and their families face as they reach adulthood: How can they achieve financial independence and become contributing members of society?

"Autism now represents one-and-a-half percent of the population," said center director Keivan Stassun, Stevenson Professor of Physics and Astronomy. "That's a large segment of our population, tens of thousands of people in the Nashville metro area alone, yet 85 percent of these individuals are unemployed as adults. To me, that statistic is unacceptable. It represents such a waste of human potential. That is ultimately what we are trying to fix."

Although it was just established, the center has already received a $50,000 Singular Exceptional Endeavors of Discovery (SEED) award from the Research Corporation for Science Advancement to develop psychometric measures of the visual abilities of individuals with ASD that enable them to contribute to astronomical discoveries. It has also gotten $98,000 from the National Science Foundation's new convergence program to organize a workshop that will assess the state of current research efforts into the capabilities of individuals with cognitive disabilities and to identify the research needed to enable more of these individuals to enter the STEM workforce.

The center has four specific goals:

  • Develop new psychometric tests that can accurately identify and assess the special talents and skills of individuals on the spectrum;
  • Come up with novel employment arrangements, management techniques and workplace practices that utilize these abilities;
  • Invent new technologies that enable autistic and other neuro-diverse individuals to achieve their full potential and succeed in the workplace;
  • Document and disseminate a community-based model for enhancing the quality of life of individuals with ASD through meaningful employment.

"We're trying to think through how we can place people on the spectrum in meaningful work," emphasized Professor of Management Tim Vogus. "That requires a couple of things. One is to assess people and identify the unique talents that they can bring to work. Another is to identify the kind of organizational systems that employers can put in place to effectively manage neuro-diverse workers by creating a supportive environment that can capitalize on their differences."

The traditional approach to neurological disorders, including ASD, has focused on characterizing the mental impairments and psychiatric symptoms involved as well as documenting associated quality of life problems such as underemployment and unemployment. As a result, there is a real need for interventions based on an increased understanding of the unique mental abilities that people on the spectrum possess, according to center supporters.

"We now have the technology that enables a lot of non-verbal people who weren't able to get across their talents and abilities to do so in different ways using different technologies that didn't exist 10 or 15 years ago. That's helped people realize that there is an untapped workforce potential that can be unlocked," said Nashville philanthropist Jennifer Frist. She and her husband Billy are members of the center's advisory board.

VCAI was created to serve as the academic research partner in a broader, community-based partnership that supporters call "The Nashville Model." This involves corporate partners and community organizations that are actively matching individuals on the spectrum with suitable positions and monitoring their on-the-job performance. Corporate partners include the wealth management company UBS, The Precisionists and Specialisterne USA.

Community partners include Autism Tennessee, Tennessee Works and the Tennessee Geographic Alliance.

The center's initial research agenda includes development of a new battery of specialized assessments for identifying the full range of abilities of autistic adults and to identify the factors that are most important for their long-term success in the 21st century workplace. For example, center researchers will be investigating the hypothesis that some high-functioning autistic adults have exceptional visual, spatial and pattern-recognition abilities that give them a unique advantage for certain tasks such as data visualization

"You know, a lot of the great technological breakthroughs from Silicon Valley came from people who, if they weren't on the spectrum, were pretty close to it," said VCAI Executive Director David Caudel. "It's people who think outside of the box who make these breakthroughs. Companies have known this for years and years, but it is only recently that a few companies have made a concentrated effort to find ways to get neuro-diverse talent into their doors. I'm talking about companies like our partner Specialisterne, which started in Denmark and has more than 75 percent of their employees on the spectrum.

Another area of center research is the development of assistive technologies that can support autistic individuals in the workplace. One example of this is the development of a simulator designed to help teenagers with ASD learn how to drive.

"In engineering, we try to solve real world problems," said Phillipe Fauchet, dean of the School of Engineering. "We develop the advanced technologies, the computer science approaches, the robotic approaches, but we want them to be useful for something. This is a clear case where there is a need: people with autism."

The center will also be pursuing organizational research projects such as measuring the business impact that the "autism advantage" truly represents and working with its partners to develop a scalable and repeatable community-based approach to employment that includes management and leadership training to adapt to working with people on the spectrum.

VCAI was created with a pilot grant from Vanderbilt Trans-Institutional Programs, which provide seed money for innovative ideas and cutting-edge interdisciplinary research.

The VCAI will serve as a showcase for what is possible. For example, it is featuring the activities of members of neuro-diverse teams on campus that are creating novel software for data visualization, which has been licensed by NASA, and prototyping novel satellites and detectors for future asteroid mining.

"You could build the pipeline we are trying to create by starting at one end and working gradually to the other end but instead we are trying to develop all the sections of the pipe at the same time and then fit them together," Stassun explained. "If we can demonstrate this model in Nashville, then others everywhere will be able to do the same thing."

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Shiva Kintali

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Civil and political rights

     IRC site

Children are usually not considered to have political rights due to their status. Regarding those rights in the CRC that can be considered civil rights, see the thematic listing particularly under "Civil rights and freedoms". Consider also the International Covenant on Civil and Political Rights (1966).

See also:
Domestic implementation   Economic, social and cultural rights