Monday, January 21, 2019

Locking down the Internet of Things

WiFi security on the Internet of Things
Have you gotten all of your new tech gadgets hooked up after Christmas? Seems like every gift that had a plug also had a phone app and connected to Wi-Fi. Throughout the year as new toys or even appliances enter your home, setting up individual devices isn’t that noticeable. But after Christmas rolls through and you start setting up all the new goodies it really makes you sit back and notice-You have entered the new age of a smart home. Without realizing it we have created our own attachment to the Internet of Things (IoT).

That's a lot of things

Leichtman Research Group in 2018 found that 74% of U.S. homes had at least one smart device. Statista estimates that there will be 42.2 million smart homes in 2019. Spending on IoT devices was $23.3 billion (yes, billion) and is estimated to be $75 billion by 2025.  While there are Bluetooth connections, the primary connection for IoTs is Wi-Fi. Statista reported that the average number of connected devices per person, worldwide, in 2015 was 3.47 and is estimated to be 6.58 by 2020. That is connected devices per person. Multiply that by people in your home and the for-the-common-good devices like appliances, cameras, plugs, bulbs, etc, and that’s a lot of connectivity. 

If you want to keep up with technology it is how it’s going to be. I didn’t set out to convert the ol’ analog home to “smart”. It just happened. Garage door opener, a new appliance here and there, TVs, Hey Google, Hey Siri, Alexa, before you know it you’re your home is smart. The router sent me a message, yes it communicates as well, that the network was getting full. You’re aware of connectivity for your phones and computers but forget about the other electronics-appliances/TVs/cameras/power strips/gaming systems/eBooks, etc-that are on all the time and trying to communicate with the mother ship. Not only are these devices taxing on your home network they are all portals for security breaches.

Anyone of these connected devices can be hacked at the source, through the controlling app, or the company that provides the service. All the more reason to review your home network security.  If you haven’t done so recently, with the onset of all your new tech wonderness, you’ll need to upgrade your Internet service.  Most times these types of upgrades come with new routers. 

Security

One of the first actions you should take on all routers and new devices is set up your own logins and passwords. Many people still use the default settings, which cybercriminals are aware. Changing this information will at least slow them down. I say slow down because, as we’ve seen, anyone can be hacked. At least changing the settings will offer some protection.

For all of your connected devices actually, read the setup instructions and pay attention to what you are agreeing to during the process. Data collection is big business and those companies want your data. As consumers get more privacy savvy the product providers are finding counteractions. I recently loaded an app that wanted access to my phone’s camera, microphone, location, and to send user data. Answering no to any of those requests denied the user access. Or sometimes certain features are denied or dampened if the user doesn’t agree to the terms.

Devices that listen, your phone, TV, Echo, Google home, are also collecting data and have been proven to also be recording your conversations. In the interest of improving their service, of course. Again, go through the setup and privacy menus carefully. Understand what the device, i.e.-manufacturer is asking you to allow.

Overall, you have to understand that if you allow “smart” devices into your home you are giving up privacy. It’s hard not to get caught up in the technology craze, but understand that what you’re getting yourself into.

Please see the blog archive for other posts relating to privacy.

Monday, January 7, 2019

Smoke 'em if you got 'em? {Marijuana in the workplace}


Note: This article was originally posted in 2017 and has been updated with current information on the topic.

Oklahoma passed a medical marijuana bill in 2018 becoming the thirtieth state (Including Maryland) to do so. State by state the legalization of marijuana for medical and recreational purposes is gaining ground. The chances of employees being high at work are definitely increasing. Businesses are scrambling to adapt.


Decriminalization v. Legalization

So far thirteen states have decriminalized marijuana, allowing recreational use. Up from just eight in 2017. Those are Connecticut, Delaware, Illinois, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New York, North Carolina, Ohio, and Rhode Island. Nine states have legalized marijuana for recreational use (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington) 

While this legislative activity is taking place on the state level, the drug still remains illegal under Federal law. In fact, it remains a schedule I drug alongside opiates and synthetics drugs. The court battles that were expected with the U.S. Justice Department after Colorado legalized marijuana have not occurred.

Decriminalization does not mean legalization. Decriminalizemeans that possession of small amounts no longer carries criminal penalties. Most states offer a civil violation or no violation at all. Legalizedmeans that marijuana is completely legal to possess. In this case, states have set limits as to the amount that can be possessed and qualifications regarding trafficking.


High on the job

A survey of 10,000 California cannabis users revealed 58% of working professionals use daily and 31% consume while working. (Eaze Insights)

Some businesses not only allow the consumption of marijuana at work, but they also encourage it. Those that do say that it helps employees with stress and anxiety promoting longer work days and creativity. It should be noted that these businesses are mainly in the legal cannabis industry or tech fields.

What is at odds are company drug policies and making accommodations for those with disabilities. Companies want to be inclusive but want to maintain standards as well as workplace safety. Medical marijuana users are looking to the American Disabilities Act for protection.


American with Disabilities Act

The American with Disabilities Act  (ADA) was signed into law in 1990. Succinctly, the ADA prohibits employers from discriminating against those who are disabled and requires employers to provide reasonable accommodations to a qualified individual with a disability to perform the essential duties of their job. Illegal drug use is not covered as a disability. However, the ADA does allow for the use of drugs taken under the supervision of a health care professional. Marijuana may be legally prescribed under state law but remains illegal Federally. Then there’s the Drug-Free Workplace Act of 1988 requiring that Federal contractors provide drug-free workplaces as a condition of receiving a contract.  The ADA states that employers can require employees to conform to the Drug-Free Workplace Act. Further, under the ADA drug testing is not considered a medical examination, allowing employers to test for the use of illegal drugs. 

What the courts have found is that while marijuana remains illegal under federal law the ADA cannot be applied to individuals with disabilities. However, state disability laws may apply in states where medical marijuana use has been legalized.


Court challenges

Rights of the employer and the employee vary state by state. As examples: Arizona, Connecticut, Illinois, Minnesota, and New York laws prohibit employers from discriminating against employees who use medical marijuana and must make accommodations, some further citing-unless the employee is under the influence at work. Florida’s recently passed law does not require an employer to accommodate on-site medical marijuana use. California passed Proposition 64 in 2016, which allows for the recreational use of marijuana. However, the law protects an employer’s rights to enforce workplace drug policies. Rhode Island’s law protects the employer’s right against accommodations for on-site consumption but protects the medical marijuana cardholder against hiring discrimination. 

A 2017 Rhode Island court case ruled that employers could not refuse to hire medical marijuana cardholders even though the person would knowingly not pass the employer’s pre-employment drug test required of all applicants. (Callaghan v Darlington Fabrics Corp., No. PC-2014-5680, Rhode Island Superior Court, May 23, 2017)

Another twist to the saga is the off-site or off-duty use of marijuana which may be legal in the specific state but against company policy. In one of the first court cases of off-site medical marijuana use, the Colorado Supreme Court heard the case of Coats v Dish Network in 2010. The court upheld the firing of a man who failed an employer random drug test for marijuana use. Briefly, in 2010, Dish Network fired a telephone operator who was also a medical marijuana patient after he failed a random drug test. Although the employee claimed that he never used marijuana at work nor was he ever impaired while at work. The case was the first to look at whether off-duty marijuana use, legal under Colorado state law, is protected by Colorado’s Lawful Off-Duty Activities Statute. The statute states that employers cannot fire employees for doing legal activities while not at work. Although medical marijuana use is legal in Colorado, the court ruled that its use is still illegal under Federal law. The ruling supported employer rights to enforce their drug policies. Since this case, courts in California, Oregon, and Washington have also ruled against employees. 

In July 2017 and went against the employer. In Barbuto v Advantage Sales and Marketing, LLC the Supreme Judicial Court of Massachusetts ruled in favor of an employee to use medical marijuana outside of work. The employee claimed that since they have an ADA qualified disability (Crohn’s disease) the employer must make accommodations for an employee to use medical marijuana off duty. The ruling was based on the state’s anti-discrimination law. The court rejected the employer’s argument that marijuana is illegal under Federal law and to allow accommodations would be unreasonable.


Maryland

Maryland is still getting going on its version of medical marijuana. The law was passed in 2013 and took effect in 2016. Dispensaries began opening in 2018. Maryland decriminalized possession of fewer than 10 grams of marijuana in 2014.  Marijuana is still considered illegal but possession of smaller amounts will result in a civil citation rather than arrest. Each year since there have been bills introduced to further decriminalize marijuana. In 2016, a law passed making possession of paraphernalia a civil offense. In 2017, those convicted of marijuana offenses may petition to have their records expunged. 


What to do, what to do…

While the use of marijuana is becoming more openly acceptable in society and states have either made it legal or decriminalized, businesses are still within their legal rights to set drug use policies and restrictions.
Confused? Don’t feel bad. It’s a tricky topic that is evolving almost monthly. Employer’s need to have hiring policies as well as policies to guide employees. These policies have to be living documents and open to change. Having employees and dealing with human resource issues is difficult, especially for small businesses. The rules are constantly changing. There will always be challenges to any policy or rule. You have to stay ahead of the curve and aware of what’s taking place. 

See the blog archive for other posts regarding workplace discrimination and medical marijuana.
Which came first... February 2017
Ban the Box update August 2016