How to make the perfect salade ni?oise | Life and style | The Guardian

Having spent about two-thirds of my life to date avoiding salade ni?oise I'm taking a deep breath before wading into this subject. It is as contentious as the exact rules of p?tanque or the optimal ratio of pastis to water at l'heure de l'ap?ro, and I feel scantily qualified.

In my defence, when I actually spent some time in Nice and its environs I realised my prejudice was entirely based on the British version of the dish, which regards tinned tuna (my bete noir) as a mandatory ingredient. In the cafes of the Alpes Maritime, however, the constituent parts are far more of a lottery ? and tuna, in my happy experience, is definitely less popular than the diminutive anchovy. As Nigel Slater observes, "whenever I say 'hold the tuna' I am invariably told that I wasn't going to get any anyway".)

In this country, then, as well as the objectionably odoriferous fish, a salade ni?oise will always, always contain hard-boiled eggs, potatoes and French beans ? and perhaps a couple of rubbery black olives. These are exactly the kind of ingredients that provoked the considerable ire of Nice's former mayor, Jacques M?decin, who managed to take time out from sympathising with the Front National to write a Ni?oise cookbook, in part, he says, inspired by the horrific experience, "all around the world' of seeing 'the remains of other people's meals being served under the name salade ni?oise".

"Whatever you do," M?decin begs, "if you want to be a worthy exponent of Ni?oise cookery, never, never, I beg you, include boiled potato or any other boiled vegetable." And, just because the man was convicted of embezzlement and accused of womanising and racism doesn't mean he couldn't make a decent salad. Just ask any chef.

The matter of fish

Gary Rhodes recipe salade ni?oise - heavy on the tuna. Photograph: Felicity Cloake

As it's the issue that looms largest in my mind, first I'm going to tackle the issue of fish. M?decin says that traditionally anchovies are a more common addition than expensive tuna, which was saved for special occasions, and that the two would never be used together (although he admits sadly that "nowadays even the Ni?ois often combine anchovies with tuna").

I'm surprised to find that the first few recipes I look at eschew the tuna altogether ? Rowley Leigh, Nigel Slater and Simon Hopkinson all prefer it without ? but finally, I find an exponent in good old Delia Smith, who calls the ni?oise "one of the best combinations of salad ingredients ever invented". And, although I also expect to find lots of recipes calling for seared fresh tuna, as served in what Delia describes as many a "slick restaurant", I actually have to hunt around a bit for one of them too, finally finding one in an old Gary Rhodes book. Perhaps the idea has gone the same way as sun-dried tomatoes and balsamic reductions.

In order to give the fish a fair trial, I shell out for the priciest tinned tuna I can find (Ortiz, which, as well as passing muster on sustainability, I am gratified to later discover, also has a fan in Mr Hopkinson), and enlist a tasting panel of less biased ni?oise fans. I try a bit straight from the can, and it's actually not bad, even when sniffed at close quarters, but in the salad I'm not convinced. It's nice enough, but it has quite a mild flavour which doesn't have a hope against the strident saltiness of the anchovies. Indeed, the majority of my tasters agree it's "a bit pointless" in this context ? so that's tuna out. If you do want to use it, I'd obey M M?decin and leave out the anchovies.

Gary serves his chargrilled tuna with a sort of ni?oise salsa. It makes, I must admit, a very fine supper, but it's not a salade ni?oise ? and chopping up such an expensive piece of fish and tossing it together with the salad would seem like a terrible waste. Anchovies it is. And again, we'll go with Ortiz.

Fruit and vegetables

Delia Smith recipe salade ni?oise. Photograph: Felicity Cloake

Gary and Delia Smith are the only recipes that use potatoes ? waxy little new ones, as in the finest potato salads. I'm unsurprised to find that they're utterly delicious with the anchovies, capers and eggs, but I'm not convinced by them with the tomatoes and cucumber ? indeed, M?decin's diatribe has given me pause for thought.

Although the Provencales aren't averse to the odd spud (see also brandade), you'd be hard-pressed to call them a typically Mediterranean ingredient, and I think they clash with the sunshine flavours of the rest of the salad. A French website I find notes that, all too often, "salade ni?oise" is simply used as another name for a mixed salad ? and however nice potatoes are in a salad, they quite possibly have no place in this particular one. Reluctantly, I ditch the spuds.

On to French beans, again as used by Delia and Gary, and which also have their fans in Nigel Slater and Simon Hopkinson. Rowley Leigh is strongly against them, and David Lebovitz, who proclaims himself a disciple of M?decin on this point, goes for raw broad beans instead. The tasting panel is divided: two of our number come out very strongly in favour of the French beans, while the rest of us like the broad variety.

What is certain is that both add body to the salad, tomatoes and cucumbers being undeniably rather watery entities, so I'm going to sit on the fence on this one and recommend broad beans for as long as you can get the fresh kind. If you really want to make a salade ni?oise at any other time of the year (which I wouldn't recommend, with ripe tomatoes so hard to get hold of in this country at the best of times) go for French beans instead.

Rowley Leigh recipe salade ni?oise. Photograph: Felicity Cloake

Lebovitz uses torn lettuce in his salad, as does Nigel Slater, while Delia says she now likes "to abandon [it] in favour of a few rocket leaves". The panel unanimously prefers the salads, like Rowley Leigh's, which contain no leaves whatsoever ? although I serve the Lebovitz salad immediately one taster describes it as "a little bit sad' in comparison with the robust crunchiness of its competitors. Even the peppery rocket seems a bit of an afterthought.

Cucumber is pretty much a constant, apart from in a version by Jean-No?l Escudier in his La Veritable Cuisine Provencale et Ni?oise, quoted by Elizabeth David in French Provincial Cooking, which is a very simple affair of tomatoes strewn with anchovies, chopped green pepper and black olives. I like the crunch it adds ? and the simple refreshment it provides in a dish which, for maximum enjoyment, should be saved for very hot days. Deseeding it is essential however, so it doesn't make the salad too watery, and peeling it in stripes, as Rowley Leigh suggests, is a very easy way to make it look pretty too.

Escudier recipe salade ni?oise. Photograph: Felicity Cloake

As Escudier's recipe suggests, tomatoes should be a major part of every ni?oise ? and they have to be really ripe. I'm tempted to regard skinning them, as Rowley and Delia suggest, as an unnecessary cheffy faff for such a rustic salad, until I realise that without their skins they absorb even more of the dressing. It only takes a minute in any case. Deseeding them is another must, for the same reason as the cucumber.

Gary and Rowley Leigh use spring onions, Delia shallots, and David Lebovitz suggests spring onions or thinly sliced red onion. The raw shallots are too aggressive, but I quite like the red onion ? the flavour of the spring onion, however, wins on freshness grounds.

M?decin uses green pepper, as does Escudier, which suggests to me it's the traditional choice. Gary opts for yellow, presumably for the flash of colour it delivers, but I prefer the sweetness of Rowley Leigh's red pepper with the saltiness of the anchovies and olives. Rowley also uses radishes, which seem too northern. M?decin suggests small globe artichokes, sliced and added raw, which I'm unable to find ? Nigel's marinated artichoke hearts seem like a clear contravention of the cooked vegetable rule.

The eggs factor

Sadly missed in the Escudier recipe, eggs should be hard boiled, as Rowley Leigh suggests. Hot things in cold salads are not particularly nice, and cold soft-boiled eggs are divisive. One of my tasters sagely observes that they maintain their integrity better cut into wedges, rather than sliced.

The dressing

David Lebovitz recipe salade ni?oise. Photograph: Felicity Cloake

M?decin, and thus David Lebovitz, dresses his salad with fruity olive oil (local of course). Rowley Leigh and Escudier go for a simple drizzle of red wine vinegar and olive oil, Delia makes a garlicky, mustardy vinaigrette, and Gary mixes finely chopped eggs with garlic and herbs and olive oil. Delia's dressing is too dominant: you don't need Dijon mustard if you have Provencale olives and anchovies (although Delia actually uses English mustard powder). A hint of vinegar is nice though ? Lebovitz's salad tastes a bit too oily without it.

Garlic, however, is an absolute must ? and adding it to the dressing is a more reliable way of doing things than the classic rubbing of the salad bowl trick. I'm also borrowing an idea from Gary Rhodes' salsa ni?oise and finely chopping a few anchovies in addition to the slivers of fish used as a topping; this way you get a punch of gloriously salty anchovies in every bite, which is definitely a good thing as far as I'm concerned. Capers are, I think, optional ? M?decin doesn't use them, but they do work well with the other Provencale goodies in the dish.

A classic fines herbes is a popular addition to salade ni?oise ? Delia suggests chives and chervil and tarragon, among others, a combination also favoured by Escoffier, and she also adds chopped parsley but I finally decide on the basil preferred by Leigh and M?decin ? it puts the final, Mediterranean stamp on the dish.

Perfect salade ni?oise

Felicity's perfect salade ni?oise. Photograph: Felicity Cloake

Serves 2

2 eggs
500g broad bean pods or 50g French beans
4 ripe tomatoes
? cucumber
2 spring onions, finely chopped
? red pepper, thinly sliced
50g small black olives, pitted
1 tbsp capers
4 anchovies, cut into slivers
A few basil leaves, roughly torn

For the dressing:
1 small clove of garlic
Pinch of coarse salt
2 anchovies, finely chopped
Small handful of basil leaves, torn
4 tbsp extra virgin olive oil
? tbsp red wine vinegar
Black pepper

1. Put the eggs in a pan of cold water and bring slowly to the boil. Simmer for 7? minutes, then decant into a bowl of iced water. Meanwhile, pod and then peel the broad beans (if using French beans, top and tail them, then cook in salted boiling water until just tender and decant into iced water) and drop the tomatoes into boiling water for 15 seconds, then peel, slice and deseed them. Peel the cucumber in stripes, then deseed and cut into half moons.

2. Make the dressing by pounding the garlic to a paste in a pestle and mortar along with a pinch of coarse salt. Add the anchovies and then the basil, and pound to a paste, adding the olive oil and the vinegar as you go. Season with black pepper.

3. To put the salad together, toss the beans, tomatoes, cucumber, spring onion and red pepper together with two-thirds of the dressing and decant on to a plate. Peel and quarter the eggs and arrange on top, along with the olives, capers, anchovy strips and basil leaves. Spoon the remaining dressing over the salad and serve immediately.

Are you passionate about potatoes, fanatical about French beans, or do you think a salade ni?oise wouldn't dare step out on the Promenade des Anglais without its tuna? Does anyone make it with whatever's in season, peasant-style, and is it a dish that demands expensive anchovies, or will anything from a tin do?

Source: http://www.guardian.co.uk/lifeandstyle/wordofmouth/2012/aug/01/how-make-perfect-salade-nicoise

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Potential defense cuts would skip personnel

WASHINGTON (AP) ? President Barack Obama would exempt military personnel from any automatic defense spending cuts, the White House says amid the congressional clamor for specifics on how the administration would implement the looming across-the-board reductions.

Acting Office of Management and Budget Director Jeffrey Zients said Tuesday what military leaders had been suggesting for months ? the president would exercise his authority under the budget law and spare uniformed men and women.

Zients and Deputy Defense Secretary Ashton Carter were scheduled to testify Wednesday before the House Armed Services Committee on the impending cuts.

"This is considered to be in the national interest to safeguard the resources necessary to compensate the men and women serving to defend our nation and to maintain the force levels required for national security," Zients said in a letter to House Speaker John Boehner, R-Ohio.

"It is recognized that this action would increase the sequester in other defense programs," he added, referring to looming across-the-board spending cuts.

Automatic cuts of $110 billion are slated to hit domestic and defense programs beginning Jan. 2 unless Congress can figure out a way to avert the reductions. The failure of the bipartisan congressional supercommittee to come up with $1.2 trillion in savings set the cuts in motion.

Democrats say the military can be spared if Republicans are willing to consider tax increases for high-wage earners. Republicans argue that the defense cuts could be offset with reductions in food stamps, benefits for federal workers and social services programs like day care for children and Meals on Wheels for the elderly.

With no signs of consensus, the automatic cuts probably will be addressed after the November election in a lame-duck session.

In the three months to the election, Republicans are using the looming reductions in military spending as a political cudgel against Obama, arguing that the commander in chief is willing to risk the nation's security as he uses the leverage in the budget showdown with Congress. Republican presidential candidate Mitt Romney has echoed GOP lawmakers' criticism.

Democrats counter that Republicans who voted for the cuts are trying to wriggle out of last August's deficit-cutting agreement and they must consider tax increases as part of any congressional compromise to stave off reductions.

Among the members of the House Armed Services Committee, 22 Republicans, including the panel's chairman, Rep. Howard "Buck" McKeon, R-Calif., and 18 Democrats voted for the cuts. Thirteen Republicans and seven Democrats, including ranking member Rep. Adam Smith of Washington state, opposed them.

Raising the political stakes, three Senate Republicans ? John McCain of Arizona, Kelly Ayotte of New Hampshire and Lindsey Graham of South Carolina ? spent two days touring presidential battleground states warning of the impact of the cuts on local businesses and jobs. They demanded that Obama negotiate with Republicans and Democrats to work out a solution.

Responding to the announcement sparing personnel, the three expressed frustration with the administration's handling of the issue.

"Rather than coming to the table with Republicans and Democrats in Congress to finally address the issue of budget sequestration, the Obama administration is flailing around attempting to make sequester look less devastating than it actually is. Today's announcement increases the impact of these arbitrary cuts on the readiness of our armed forces," they said in a statement.

Senate Majority Leader Harry Reid, D-Nev., noted that there are "a few Republicans wandering around the country stirring up things on sequester."

He urged them to try to persuade other GOP lawmakers to back tax increases.

Major defense contractors are wary of the impending cuts and debating whether they need to advise employees 60 days in advance of possible layoffs. That would be four days before the election. A law known as the WARN Act says those notices would have to go out ahead of time.

The Labor Department, however, said Monday that federal contractors do not have to warn their employees about potential layoffs from the automatic, across-the-board budget cuts due to kick in Jan. 2. The guidance letter said it would be "inappropriate" for employers to send such warnings because it is still speculative if and where the cuts might occur.

The White House told agency officials Tuesday to "continue normal spending and operations" since more than five months remain for Congress to act to avert the automatic cuts.

According to a U.S. government official, the automatic budget cuts would slash about 10,000 jobs within the intelligence community. The official spoke on condition of anonymity because the numbers have not been made public.

___

Associated Press writer Lolita C. Baldor contributed to this report.

Source: http://news.yahoo.com/potential-defense-cuts-skip-personnel-064840799--finance.html

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Job - Customer Service Manager, in San Antonio, Texas - Medtronic

Position Description

The Operations and Data Analysis Manager will provide leadership and direction to the various operations and analysis functions within the Diabetes Therapy Services area which includes the DTC and DTA groups. The Operations and Data Analysis Manager will be the central figure supporting the various operations/analysis functions in DTS to ensure full integration of operations and analysis functions in the DTS area. This position will support all facets of continuity of business including the review of operational processes and procedures to continually enhance procedural efficiency. In addition, this position will support the Director at conducting end-to-end business analysis and review of production and revenue to enhance sales strategies and deliver the Inside Sales revenue targets. The Operations and Data Analysis Manager also coordinates the integration of people, process, and technology disciplines to ensure the delivery of customer experience excellence within the DTS business.

Position Responsibilities

? Provide leadership and management to the team of Data and Operations Analysts within DTS
? Support the DTS managers in the day-to-day operations and analysis of the department
? Work closely with the Work Force Manager supporting the DTS business to drive productivity, efficiency and meet service level standards while maintaining customer satisfaction
? Working closely with outside business analysis teams to perform on-going business analysis (Managed Markets, Marketing, IT and US Sales Leadership)
? Provide support for on-going systemic process and technology improvement initiatives in collaboration with business leaders to ensure optimal efficiency and effectiveness
? Support the DTS Director with the development of strategy and quarterly/annual business planning, including budgets, forecasting and allocations
? Identify organizational, operational and industry best practices to develop strategies and drive implementation across the entire DTS business
? Review, evaluate and recommend new technologies; develop and maintain technological roadmap; develop ROI analyses to determine optimal technology investments
? Collaborate with IT to develop and maintain business continuation/disaster recovery plans for sites as it relates to call routing
? Recruit, manage, and develop direct-reporting staff

Basic Qualifications

? Bachelor's degree OR 8 years of work experience in lieu of a 4 year degree or a combination of work and education to equal a 4 year degree
? 5+ years experience in Analysis and/or Operations
?Advanced knowledge of Business Analytics including SAP and SQL Server databases
? Experienced utilizing Microsoft Office Products: Word, Excel, PowerPoint, Project
? Experience leading cross functional operations and data analysis projects/teams

Desired/Preferred Qualifications

? Proven project management skills incorporating process improvement, process design - six sigma/lean methodology
? Results and execution oriented
?Excellent presentation skills with strong ability to present both qualitative and quantitative information in a clear, concise and persuasive manner to all levels of the organization
? Measurable experience improving the overall metric and results of contact center operations
? Interpersonal skills to influence cultural change, facilitating and enhancing performance within a cross-functional environment
? Knowledgeable and experienced with financial reports, modeling exercises, interpreting and communicating operating and financial information
? Masters Degree in related field
? Knowledgeable in Diabetes Management
? Certified in Lean Sigma Methodologies
?Workforce Management and/or Labor Modeling certification

Physical Job Requirements

? Ability to travel up to 10% of time
? Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
? Standing, sitting, walking, lifting a minimum of 20 lbs. Must be able to use computer (hand, eye, fingers dexterity).
? While performing the duties of this job, the employee is regularly required to talk, hear, and input data into a computer.

? Must be able to use a computer (hand, eye, finger dexterity) and may be seated at least 75% of time.

Source: http://www.careertopjobs.com/clinical-research-job.aspx?job=467371

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What You Must Know About Sales Training Courses

This article has been viewed 3 times.

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Strengthening your Profits teams? Potential to Close Product sales

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Source: http://www.article-i.com/business/sales-business/what-you-must-know-about-sales-training-courses/

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Important Questions

[Accepting!! - Remake] A small pride is on the run from death and betrayal, meanwhile a pack of wolves are trying to regain what they lost long ago.

Owner:

Game Masters:

Topic Tags:

Forum for completely Out of Character (OOC) discussion, based around whatever is happening In Character (IC). Discuss plans, storylines, and events; Recruit for your roleplaying game, or find a GM for your playergroup.
This is where all questions that I, or you, find especially important can be posted for others to see and understand!

"When will the roleplay start?"

As soon as we have everybody. Could be today, tomorrow, or in two days.

"We have a lot of characters. Are you looking for a co-gm?"

I have already chosen one. His tag is Dante Angelico. Please ask or refer to him if I'm not around.

"Do werekin have "in between" forms?"

No they do not. I know the reference link in the introduction says they do but truth be told it seems too magical and I want this roleplay to have as much realism as possible.

"Is it okay to make plans for the future with others, and keep it a secret?"

YEAH. Go right on ahead. Spice up the roleplay! Actually why are you telling me you have a secret with somebody else! IT'S A SECRET!! :)

"Does silver harm a werekin?"

Silver does harm 'kin'. It's only uncomfortable if it is resting on the skin and isn't on an open wound. The reason why silver bullets can kill is because it's pierces through the skin and poisons the blood. However, the reason silver is dangerous isn't because of any metallic properties. It's because everything in the world has some sort of magic property. And silver, has a moon based property. For 'kin', who already have slight moon magic...This can be fatal because it tips the balance of humanity and poisons them, causing them to die. When they die...They don't return to human form. They remain in 'kin' form if that is the form they were in when they were shot. Also, if they are shot in the animal form, or 'kin' form, then they die a lot quicker. When human, the process is slower and they have a chance to be saved. If they are shot in human form, they are poisoned and the veins begin turning a gray color. That is the only physical change when shot as a human.

"Are there people who hunt werekin?"

Yes there are such things as hunters. Usually though werekin are friends to them and assist them but the time when a hunter will hunt and kill a beast is when there is a rogue present. There are formalities between each party and the were's will usually get to have the final death rites but a hunter gets to do their job in killing the rogue, along with any help that they need. Like a tracker (Werekin who can track a scent), or etc.

"Are there set restriction on the post length?"

I post really long posts. I know this, and this is the way I like to write. As for you all, I have expectations but I'm not expecting you all to write like I do. A role-player is known by the way they write. So please hold yourself up too great expectations of commitment and greatness. Don't let yourself be known as an unexpierenced newbie whose ignorant and doesn't read others posts. Show the others what your made of! :)

"Is it okay to yell at the GM?"

Uhm. HELL YEAH. xD
Please scorn me for hours if I make a mistake. Actually. Just whip me. Cause, ya know, I make mistakes too :D

"If, and when, I post in the wrong place, would you like me to relocate the post to the right place? Or just leave it? And will you be mad at me?"

If you do happen to post in the wrong place...Which will be hard to do as there will only be one place for a major duration of the roleplay, along with some add ins along the way...I won't be mad. :) If anything I care way more about tagging the right people properly so that everybody knows where to look when they post. As long as you know you didn't do it right, and maybe posted in the ooc if anyone is confused by it...I see no reason to be mad. xD

"Oh, and the house on the info page is the house where the main wolf pack and the were-cats are going to be, right?"

Certainly! Those are the specifications. I will be giving a more detailed descriptions in the places tab when I get to working on it.

"How long have the wolves been in that area?"

Well for as long as they can remember. Ancestral ties and such. However they used to own the entire Colorado territory but now it's been split in half. After the War of Ghilles (Great War), the Central pride took the top part of the Colorado Territory. This is part of the reason why the wolves aren't too happy to see cats coming further south and that's also why the deal they will strike will be even more promising. The get the promise to get what was originally their own instead of losing more. :)

"So, If werekin do not have an in-between form, what happens on the full moon and new moon?"

Full moon is a forced shift. That's usually the night where the kin will party right before dawn before shifting and running as a pack. The new moon doesn't do much but it does cause more weakness. They don't have as much power as they did before. It's like this. Werekin possess slight moon magic in their blood so like if the moon is full, the magic is so strong it forces them to shift. When it's hidden completely, they are at their weakest.

"What season is it in the roleplay?"

Right in the middle of Summer! :D

"If you are born in wolf form, would that mean you shift to a human instead of the reverse?"

Not necessarily. This is a rare phenomena that can occasionally happen for werekin. However, it happens more often with females. With males, the chance is at least 5% less. But it's a funny joke made by parents when this happens that they are more wolf than human, referring to making them more animalistic than even werewolves.

Also, for reference purposes. Both Cain and Cyra were both in wolf form. :)

"How are we were going to start? Like, does everyone know each other already, or are we going to just play the feline clan just settling in or what?"

Okay. So the introduction posts will be taken revealing two aspects. For the felines, they reveal how they escaped, the feelings on John etc. Their posts will leave off probably right as they cross the border and a decent ways into the wolven territory.

As for the wolves. Their introductory posts will be revealing the life of the pack before the felines came along. Etc. The Alpha can be doing to Alphaly duties. Gamma's chilling around in the morning then maybe having the Alpha tell to to stop being lazy and go check the border if they have nothing else to do. The beta can lead them. I'd like if the wolves maybe left the introductions off where they either find the cats or have scented them and begin to track them.

When a werekin transitions from animal form to human, are they already clothed?

Well, as embarrassing to say as it is...No. However, not many kin are ashamed of being in front of the pack or pride or flock.

So would small items like bandages and stuff fall off or would they just kinda disappear but still be there?

Yeah, clothes transfer to the wolf form and you slip them off. So if bandages are tight enough, they won't come off. To clarify however, they might rip or something when you go back to human form. It really depends on the quality and tightness as well as how loose they are and what type.

Do pridemates, or packmates..use telepathy in their wolf or feline forms?

So pride mates and pack mates share a bond between their family (the pack or pride). They can understand each other through body language and thoughts. It isn't like telepathy but it's like they can understand the intent a pridemate/packmate has and this becomes words.

"A stupid man?s report of what a clever man says can never be accurate, because he unconciously translates what he hears into something he can understand."

Akantha

Member for 2 years

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Technology & Marketing Law Blog: 4th Circuit Limits the Reach of ...

Technology & Marketing Law Blog

? Franchisor Isn't Liable Under the TCPA for Franchisees' Text Message Campaign ? Thomas v. Taco Bell | Main

4th Circuit Limits the Reach of the Computer Fraud and Abuse Act ? WEC Carolina Energy Solutions v. Miller

[Post by Venkat Balasubramani, with comments from Eric]

WEC Carolina Energy Solutions LLC v. Miller, et al., 2012 WL 3039213 (4th Cir.; July 26, 2012)

We?ve blogged about the Computer Fraud and Abuse Act being stretched by plaintiffs in civil (particularly employment) cases. The Ninth Circuit in Nosal recently gave the statute a more limited interpretation, although it left some things unclear. (Here's our blog post on the Nosal en banc panel opinion: "Comments on the Ninth Circuit's En Banc Ruling in U.S. v. Nosal.") The Fourth Circuit recently followed Nosal?s approach and went one step further. Both of these rulings make it much more difficult for employers to use the Computer Fraud and Abuse Act against departing employees.

Miller worked at WEC. He resigned and made a proposal to a WEC customer on behalf of WEC's competitor, Arc Energy Services. WEC alleged that Miller used WEC proprietary information when he made this presentation and that, at Arc?s direction, he downloaded these materials before he left WEC.

Like most companies, WEC had a policy in place that restricted employees from misusing confidential information and trade secrets. The policy prohibited employees from using WEC information without authorization and also prohibited them from downloading the information to their personal computers. The key question was whether use of information in violation of the policy--but which was obtained from a computer that Miller was otherwise authorized to access--violated the access ?without authorization? or ?exceed[ed] authorized access? provisions of the CFAA.

The court notes the differing schools of thought on this issue, including the narrower interpretation embraced by the Ninth Circuit in Nosal. Given the CFAA is a criminal statute that also provides for a civil cause of action, the court says it should be construed strictly and courts should avoid interpretations ?not clearly warranted by the text? (so potential defendants get fair warning that their conduct is unauthorized). Looking to the dictionary definition of ?authorization? and the CFAA?s definition of ?exceeds authorized access,? the court says that (1) without authorization refers to a situation where someone is not authorized to access a computer and accesses it, and (2) exceeds authorized access refers to when someone:

Has approval to access a computer, but uses his access to obtain or alter information that falls outside the bounds of his approved access. . . . Notably, neither of these definitions extends to the improper use of information validly accessed.

WEC pushed the position embraced by the original Nosal panel (that was subsequently vacated on rehearing) that inclusion of the word ?so? in the definition of exceeds authorized access referred to the manner of access. Under this theory, if you violate a company policy when you use information, you have accessed the information ?in a manner? that you are not authorized to do so. The Fourth Circuit says this conclusion is a ?non sequitur.? In any event, the Fourth Circuit says that the Ninth Circuit?s en banc decision abandoning this approach made more sense.

The Fourth Circuit actually goes one step further and says that although Miller and the other defendants downloaded the information to their personal computers (which is arguably a ?manner of access? expressly not authorized under WEC?s network policy and may even under the Nosal en banc panel's approach be enough to state a claim), even this is insufficient to state a cause of action under the CFAA. The Fourt Circuit says that inclusion of the word ?so? in the definition of ?exceeds authorized access? could just be a connector or included for emphasis, and doesn?t necessarily indicate an intent to prohibit the manner of access. Given that this is a criminal statute, the court is reluctant to construe it in a way that creates liability where the language is not 100% clear. (The court also notes that Nosal?s approach?that focuses on the manner of access?would capture the well intentioned employee who has no fraudulent intent but happens to download materials to his or her personal computer in order to work from home.)

The court also expressly rejects the ?cessation-of-agency? theory espoused by the Seventh Circuit. Under this theory, if you use the network in breach of your implied duties, or you technically violate the policy and therefore are no longer authorized to utilize your employer?s network, your ongoing access of your employer?s network is in violation of the CFAA. The court says that this approach would suck in ?millions of ordinary citizens? who happen to check Facebook or sporting event scores while at work.
_____

As the court acknowledges at the end of its opinion, this basically (mostly) shuts the door on employers using the Computer Fraud and Abuse Act against employees. While acknowledging that the decision will "likely will disappoint employers hoping for a means to rein in rogue employees," the court notes that employers are not necessarily out of luck. They have a panoply of other claims available to them, including misappropriation of trade secrets, conversion, tortious interference, and civil conspiracy.

I'm not a Court watcher, but the CFAA cases were long thought to have been likely candidates for Supreme Court review, given the differing interpretations of the Circuit courts. I would think this case makes the possibility of such review even more likely.

I'm curious about how this case affects the availability of a CFAA claim in the scraping context. I thought the court's comment about the viability of a CFAA claim where an employee is authorized to access a computer or network but not necessarily authorized to access certain categories of information left things somewhat unclear. Is the court talking about technical restrictions on the access to information or a policy-based restriction? Obviously the latter approach still leaves some room for employers to limit authorization for the access to information by certain employees and bring CFAA claims when these employees access such information.
_____

Eric's Comments

1) This case answers one of the open questions from the Nosal case: was Nosal limited to criminal CFAA prosecutions, or would it extend to civil cases as well? Following in Nosal's footsteps, this court interprets the civil CFAA claim narrowly in light of the statute's criminal angle. This bodes well for reining in the CFAA's footprints across all types of CFAA cases, not just employment cases.

2) Overall, this case illustrates how the CFAA wasn't designed for the employment context, and especially not for an era when many employees have company-issued computing devices (computers, laptops, tablets, PDAs, cellphones, etc., etc.). Like Nosal, this court implicitly rejects the argument that the CFAA automatically regulates the workplace simply because everyone uses company-supplied technology as part of their ordinary work patterns.

3) As a result, although plaintiff lawyers will keep pleading CFAA in employment cases for years, I think we're nearing the end of the CFAA as a standard claim in employer lawsuits against ex-employees.

4) While that may be good news, readers should pay close attention to the Protecting American Trade Secrets and Innovation Act of 2012. Perhaps the bill will go nowhere, but if it does, it would be a major step towards creating a general purpose federal cause of action for trade secret misappropriation. So as the CFAA wanes in importance in the employment context, a new federal trade secret claim ultimately could eclipse it.
_____

Other coverage:

Fourth Circuit: Computer Use Policies Don't Create CFAA Liability (Tom O'Toole)

Related posts:

Comments on the Ninth Circuit's En Banc Ruling in U.S. v. Nosal
Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures
Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act -- Animators at Law v. Capital Legal Solutions
No Computer Fraud and Abuse Act Violation for Access of Facebook and Personal Email by Employee -- Lee v. PMSI
9th Cir: Access of Computer in Violation of Employer's Use Policy Violates Computer Fraud and Abuse Act -- US v. Nosal (original panel opinion, vacated on rehearing)
Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act

Posted by Venkat at July 28, 2012 09:14 AM | Privacy/Security , Trade Secrets , Trespass to Chattels

Source: http://blog.ericgoldman.org/archives/2012/07/4th_circuit_lim.htm

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Chauffeured Limousines and their benefits | Travel & Leisure

Style is a simple way of saying complicated things and some people do not compromise on style at all. The style may be related to dressing, living style, eating or traveling. Limousines which are known as the world?s most luxurious and expensive vehicles are also considered as a symbol of status and luxury all over the world. The rich as well as status conscious people hire them for managing their travel requirements. The concept of hiring a limousine is normally associated with special events and occasions such as weddings, parties, proms, corporate events, business meetings, road shows and more. A chauffeured limousine throws lasting impressions on the public. Different kinds of people hire different expensive and cheap limo services depending on their budgets and travel requirements. The best thing about limousines is that they have features which are unlike ordinary vehicles. Some of the popular limousine services include:

Stretched limo services

The most expensive and popular of all limousines are the stretched limousines. The actual symbol of limousine is a stretched one which is the longest sedan or SUV car ever. The stretched sedans are hired by corporate class people or businessmen for special events and occasions. The most popular of all stretched sedan limousines include Lincoln Town Car Stretch and Chrysler 300C Stretch. They have unparalleled features which include a fully stocked bar with all kinds of drinks suiting your customized requirements, a large flat screen television, CD/DVD player with full hi-fi sound system, laser mood lighting, wooden floor, tinted windows, privacy divider, special VIP area and much more. The car companies also offer stretched SUV limo services. The stretched SUV limousines are also equipped with the same features and luxuries as that of stretched sedan limos however they have a much roomy interior and increased seating capacity than sedan stretch limos. The most popular stretched SUV is the Hummer H2 Stretch which has the seating capacity of up to 18 passengers.

Cheap SUV Services

Sport Utility Vehicle (SUV) is a perfect vehicle for family and group travel. SUVs are popular all over the world and people even buy them for their personal requirements. The people traveling in groups of approximately 6 to 8 passengers usually hire SUVs for making their way to the destination. The best thing about sport utility vehicles is that they can be taken to any kind of destinations may they be mountainous, grassy, plain, rocky or sandy. The sport utility vehicles never get you stuck at any kind of weather or land conditions.

Cheap Van Services

The people who are looking for luxury transportation but require traveling in a group, for instance a group of friends or a big family, its best for them to hire limousine vans. A limousine van also provides all the luxuries and amenities which can be easily compared with any luxury car. The most popular and successful limousine van is the Ford E-350 which is capable of accommodating up to 14 passengers comfortably with enough room for baggage and other stuff. This limo van by Ford motor company comes with all the luxuries and modern features.

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