Q:       Can I “unlock” my cell phone to get service from a different carrier?

A:        Yes. It is technologically possible to UNLOCK a phone so it will work for a different carrier. This practice, called “flashing” a phone, is common and legal practice in Europe, where international travel across different national cell-service-provider carriers is usual.

            In North America, unlocking a phone is sometimes called “jailbreaking,” which is currently illegal in the United States. If you want to change carriers, you must obtain a cell phone that works on the new carrier’s system. You cannot modify your existing phone without violating federal copyright law.

Q:       What types of information does my cell phone service provider collect?

A:        All cell phones require a service provider to connect the phone to the network.  The most common types of information service providers collect include:

·       phone numbers you have called and phone numbers from which you have received calls;

·       the amount of time  you spend on each call;

·       incoming and outgoing text messages;

·       times and dates you used your phone to access the Internet;

·       the IP address assigned to your phone during your Internet sessions;

·       the IP addresses of the websites you visited during Internet sessions;

·       the geophysical location of your phone.

In addition, Microsoft, Blackberry, Android phone and Apple iPhone service providers save passwords and collect Wi-Fi connections. They can also collect application data.

Q:       What other types of information stored in my phone may be accessed without my knowledge by malware, spyware or other harmful programs?

A:        Potentially, all information on your cell phone can be compromised.  This includes:

·       photos and videos stored on the phone or its “sd” memory card;

·       text messages;

·       your contact list;

·       financial information;

·       passwords;

·       your calendar.

Q:       How can these harmful programs get onto my cell phone?

A:        You can infect your phone with such harmful programs by installing applications, clicking on ads built to infect your cell phone, or by clicking on phony cell phone updates.

Q:       Can my cell phone information be accessed or stolen in other ways?

A:        Yes. Whenever you use your cell phone over an unsecured Wi-Fi connection, anyone in the vicinity can intercept data you type into your phone and send over the wireless network. Take special care when using unsecured Wi-Fi connections, and do not transmit password, banking or other financial data unless you are certain the data is being encrypted.

Q:       What should I do if I lose my cell phone?

A:        Immediately contact your cell phone service provider. Also, you can install onto your cell phone a “remote wiping” software capability that you can access if your phone is lost or stolen. 

Because your cell phone also may store a great deal of sensitive personal information, including login and password information, you should treat the loss of your cell phone as a potential identity theft event.

Q:       Can my cell-phone be bugged or configured to remotely monitor my activities?

A:        Yes, but it would require physical access to the phone. Such activity may be legal or illegal. For example, it is legal for parents to install special software onto their children’s phones to allow parents to receive text messages about the phone’s location, any calls made and copies of text messages. It is illegal, however, to divulge information obtained by intercepting messages sent over an interstate communications carrier line, according to the Federal Communications Act of 1934, and federal courts generally do not allow wiretap evidence to be used.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Donald A. Wochna, chief legal officer and Hayden Pritchard, CCE, CCFE, ACE, AME, for Vestige Digital Investigations. Articles appearing in this column are intended to provide broad, general information about the law and technology. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney or appropriate technical expert.

Q:       I see football pools, March Madness pools and NASCAR boards in my place of employment, bars and restaurants. Are they legal?

A:        Football, basketball and NASCAR pools are legal only if all the entry fees for the pools are paid out to the participants. In 2003, the Ohio Legislature responded to citizens’ questions about gaming pools by creating a definition of “pools not conducted for profit.” A “pool not conducted for profit” is defined as an arrangement in which participants give valuable consideration (usually money) for a chance to win a prize, and the total amount wagered is distributed among the participants. It is important to understand that only those who participate in the pool can receive money from pool winnings, and that all entry fee money must be distributed to participants. For example, a Super Bowl football pool with 100 squares at $5 per square would pay $500 to the winners. The person running the game must pay out all $500, and cannot pay out $450 and buy $50 worth of beer for the players as they watch the game. People wishing to join pools can do so in both private and public places.

Q:       I see raffles tickets being sold at many high school sporting events. Who can sell tickets and profit from raffles in Ohio?

A:        In Ohio, certain non-profit organizations can conduct a raffle without a license. Raffles are defined as “a form of bingo in which one or more prizes are won by one or more persons who have purchased a raffle ticket.” Raffle winners are determined through a drawing of numbered ticket stubs corresponding to the raffle tickets sold.                   

                        Schools, veteran’s organizations, fraternal organizations, sporting organizations and other charitable organizations (501(c)(3), (c)(4), (c)(7), (c)(8), (c)(10) or (c)(19) non-profit entities) may conduct raffles. The 501(c)(3) organizations may keep all of the raffle profit, but the other above-listed organizations can keep only 50 percent of the profit, and must give the other 50 percent of the profit to a 501(c)(3) organization or to a federal, state or local governmental entity. Authorized charities may conduct an unlimited number of raffles at an unlimited number of locations.

Q:       Can my friends and I legally play poker for money at my home or the neighborhood bar?

A:        You can play poker, Texas hold ‘em or other card games at your home legally as long as only the players profit from the game. It is, however, illegal for anyone to charge the players to play the game, or to charge for a seat or to take a cut or rake from the game. While you can play at home, it is illegal for you to play at the neighborhood bar because it is a public place and not a private place like your house. It is also illegal to conduct a poker game (a game of chance rather than skill) to profit a non-player. Technically, two friends can wager $10 on the Browns-Bengals game in a house, but they cannot make that same wager or bet at the football stadium. Making a bet in a public place is a minor misdemeanor.

Q:       What organizations can conduct bingo and instant bingo?

A:        Both bingo and instant bingo in Ohio are licensed by the Attorney General of Ohio. Only 501(c)(3) organizations and 501(c)(4), (c)(7), (c)(8), (c)(10), and (c)(19) veteran, fraternal, sporting, volunteer firefighter organizations and volunteer rescue service organizations that have been actively conducting their charitable purpose for the past two years can be licensed. Licensed charities are now permitted to have retail businesses sell instant bingo tickets for them, so many organizations that once operated traditional bingo games have now opted to operate only instant bingo games. The locations that sell instant bingo tickets have increased from fewer than 100 in early 2012 to more than 700 today.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Columbus attorney Kurt Gearhiser. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What is a community school?  

A:        Community schools, first authorized in Ohio in 1997, are public, non-profit schools that operate independently from the traditional public school system. Notwithstanding this independence, community schools must operate under a sponsorship (or oversight) contract with a non-profit entity, which can be a traditional public school district. 
            Sponsoring entities are responsible for general oversight of the community school.  If the sponsoring entity determines that the community school is not abiding by its commitment to educate children or is not otherwise performing under the sponsorship contract, the community school may be placed on probation or suspension. The sponsoring entity may also terminate its contract with the community school altogether if the problems identified are not resolved after a defined period of time. 

            The Ohio Department of Education (ODE) reviews and approves all applications received from sponsoring entities. The ODE also oversees all sponsoring entities and may have the power to remove a sponsor or revoke the status originally granted. 

            Note:  Many people in Ohio and in other states refer to community schools as “charter schools.” However, because private schools operate under “charters” in Ohio, lawmakers have determined that the term “community schools” would be used to describe these public, independent schools operating under sponsorship agreements.

Q:       Why were community schools started in Ohio?
A:        The community school concept was started in Ohio, at least in part, to provide an alternative to traditional public schools and to insert the element of competition among primary and secondary education providers. 

Q:       Who funds community schools?

A:        Community schools receive per-pupil “foundation” payments from the state budget for regular and special education students who are enrolled. These funds are typically redirected from a student’s home school district to the community school where the student is attending. Community schools do not receive county real estate tax revenues like traditional public schools, but they are eligible to receive federal education funding and private grants. 

Q:       Must community school students pay tuition?
A:        No. Community schools may not charge tuition to any student, except in very limited circumstances.

Q:       What is the difference between community schools and private schools? 

A:        Community schools are public entities, whereas private schools are not. Private schools do not receive state funding like community schools do. For these reasons, private schools may charge tuition and/or incorporate religion, but community schools can do neither. Community schools must be nonsectarian (non-religious) in all programs, admission policies, employment practices and other operations. 

Q:       Can community schools restrict admissions?
A:        Yes. Admission is generally open to any individual age five to 22 who is entitled to attend school in any traditional school district in Ohio, but individual schools may impose limits. Admission policies may limit enrollment by overall capacity, age, grade point average or geography. Community schools may choose to accept only “at-risk” students, as the term is defined in the school’s sponsorship agreement. The schools cannot discriminate on the basis of race, disability, creed, color or sex, except that single-gender schools may be established.

Q:       Are community school teachers licensed?

A:        Yes. Community school teachers must comply with all ODE certification and licensing requirements, although community school teachers are permitted to teach outside of their areas of certification. 

Q:       How are community school students tested? 

A:        Community school students must take all state-required tests, including diagnostic assessments, proficiency tests, the Ohio Achievement Assessment (OAA) and the Ohio Graduation Test (OGT).

Q:       Is transportation provided to community schools?

A:        The public school that serves as a student’s home district must provide transportation to the community school, as long as the student lives more than two miles from the community school and the community school is less than 30 minutes away from the public school that the student would have attended. A public school may provide payments in lieu of transportation if it deems the transportation to be impractical. Public schools are only required to provide transportation for community school students in K-8, unless the public school already provides transportation for its own high school students. In such a case, the public school must provide transportation to high school students attending community schools.  

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by attorney Mark A. Weiker of the Columbus firm Means, Bichimer, Burkholder & Baker Co., LPA. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What’s the difference between a credit report and a credit score?
A:        A credit report contains information that creditors provide to a credit bureau; it details how you have handled your past and current financial obligations. A credit bureau collects data from creditors 24/7, but does not check the accuracy of the information provided by those creditors. There is a cost for creditors to subscribe to a credit bureau service. It is a voluntary system, and creditors are not required to provide this data to a credit bureau. Some creditors report information monthly, some periodically, and some do not report at all. There are three main credit bureaus that provide credit reports: Experian, Transunion and Equifax.

            A credit score is different from a credit report. Although the three major credit bureaus do provide credit scores based on the credit information they have for you, the credit score is not part of the credit report.  90 of the top 100 largest financial institutions use your FICO score to determine your credit risk and to decide whether or not to give you a loan or to extend credit. This credit score is actually a calculation developed by the Fair Isaac Company (named for its founders, Mr. Isaac and Mr. Fair), so it is called the “FICO” score. The FICO score predicts future credit risk. It does not reflect your credit history.  The FICO score range is 300 to 850.  If your FICO score is very high, you are considered a good credit risk, and a lender is more likely to loan you money or extend credit at more favorable rates and terms.

           

Q:       Many services and credit bureaus offer free credit scores. Are these always FICO scores?
A:        No. Although all scores are generated from data collected by the three major credit bureaus, many scores are generated using different scoring models and not FICO’s. Also, the other scoring models may have different ranges. For example, some score ranges start at 330, while other ranges may end at 840.  

Q:       Why are my FICO scores different?

A:        Though all three credit bureaus base their scores on the data they have on file, “FICO” scores may vary because: 1) creditors don’t always report to all three bureaus, 2) data collection methods and reporting can differ and 3) credit bureaus may install the latest versions of FICO software at different times.

Q:       What is an “excellent” FICO score?
A:        Before the 2007-2008 U.S. financial crisis, a FICO score in the range of 700 to 720 was considered to be excellent. Because of the large number of defaults during the crisis, creditors and lenders have become more cautious and currently (August 2013) look for scores in the 740 to 760 range.

Q:       How can I get my FICO score with my credit report, and do I need to get my scores from all three credit bureaus?
A:        You can get all your FICO scores by visiting MyFICO.com. You should request FICO scores from all three credit bureaus. Financial institutions may choose one of the three scores to make their credit decision. Some may choose two and others may choose all three scores.

Q:       Is there any other way I get my credit report and FICO score?

A:        When you apply for a loan or mortgage, the financial institution will pay to get your credit report and FICO score. They may share the information with you, if you ask.

Q:       Where can I get more information?

A:        Because information about credit reports and credit scores are constantly changing, a good source for updated information is myFICO.com.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Richard Korn, a credit counselor at the Westerville Area Resource Ministry (WARM). Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Editor's Note: This blog post was updated at 10:25 a.m. Oct. 23 with the final version of this essay.

 

Q:       What is the Dangerous Wild Animal Act? 
A:        The Dangerous Wild Animal Act (“Act”) is a new law in Ohio that restricts and regulates the ownership of certain species of animals that are defined as either “dangerous wild animals” or “restricted snakes.”  The law defines dangerous wild animals to include most non-human primates, some reptiles, and many mammals that are not ordinarily kept in households or as pets. Examples include wolves, tigers, elephants, bears, gorillas and alligators. The law defines “restricted snake” to include all venomous snakes and most constricting snakes that are 12 feet in length or longer.

Q:       What does the Act require? 
A:        The Act, signed into law on June 5, 2012, addresses the ownership and use of dangerous wild animals and restricted snakes by providing for “reasonable regulation of a highly risky, unpredictable activity with the potential for sudden and widespread harm” to the community. The Act required owners of dangerous wild animals to register them by Nov. 5, 2012 with the Ohio Department of Agriculture (ODA) and to make sure they were implanted with a microchip for identification.

            The act also requires animal owners to apply for a license to keep their animals after January 1, 2014, and any facilities they may own and operate must conform to standards adopted by ODA. In addition, animals must receive appropriate veterinary care, shelter, food and water, and applicants for a license must demonstrate they have the appropriate training, insurance and enclosures for their animals.

            The rules pertaining to the Act were finalized on July 18, 2013, and are located in Ohio Administrative Code Sections 901:1-4-01 through 901:1-4-18. They include regulations about enclosure sizes, how animals are to be transported, record-keeping requirements, and information about the location and types of signs that are required on the enclosure, transport container and property where a dangerous wild animal or restricted snake is located.

Q:       Why was the Dangerous Wild Animal Act passed in Ohio? 
A:        Many states have preceded Ohio in passing similar laws. In Ohio, legislators proposed this law in response to a 2011 incident near Zanesville, Ohio, involving more than 50 exotic animals that were suddenly released into the community by their owner. Law enforcement officers ultimately killed the released animals to protect public safety.  

            According to the language in Ohio’s Dangerous Wild Animal Act, this legislation was passed to provide a “reasonable balance” between the rights of exotic animal owners and the safety of the general public.  Animal care professionals have reviewed the language and spirit of the bill, incorporating “best practices” into its requirements so that the potential danger and volatility associated with exotic animal ownership is reduced and the general public protected.

Q:       If I own only a few dangerous wild animals or restricted snakes, does this law affect me? 
A:        Yes, unless you meet one of the exemptions under the law provided in Ohio Revised Code 935.03(B). Every Ohio citizen or anyone doing business in Ohio is covered under the Act. If you own any dangerous wild animals or restricted snakes, such as a wolf or a python, the law applies to you. In order to keep one of these animals after January 1, 2014, you must meet ODA licensing, training, and maintenance requirements which may be expensive depending on the condition of your current facility.

Q:       Where can I find more information about dangerous animal control laws?

A:        You can find summaries of some of the dangerous animal control laws in various states across the United States at www.bornfreeusa.org and can learn more about Ohio’s law by visiting the Ohio Department of Agriculture’s website at www.agri.ohio.gov/.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Dr. Mark J. Bamberger, Ph.D., J.D., The Mark Bamberger Co., LLC (offices in Tipp City, West Chester, Enon and Spring Valley, Ohio) with input from Michael L. Rodgers, Chief Legal Counsel at the Ohio Department of Agriculture, Reynoldsburg, Ohio. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.