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Who’s missing next to Zuckerberg as he testifies at the political circus?

(EDITORIAL) Facebook Founder, Mark Zuckerberg isn’t testifying because of web privacy violations, this is all a political opportunity with a dash of regulatory salivation thrown in.

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Cambridge Analytica. The name of this company has become synonymous with a breach of your privacy. Several years ago, the company took advantage of a loophole that gave them access to 50 million Facebook users’ information. The story is convoluted, but the entire timeline is laid out here so you can see this is about more than just your privacy.

Today, Facebook has begun alerting users if their info was used by Cambridge Analytica to politically target them without their direct consent. But there is no recourse other than the sheer knowledge that your info was used. How novel.

Facebook Founder, Mark Zuckerberg has headed to Capitol Hill to testify before Congress about this situation, which we all know will turn into a dog and pony show filled with political bluster from both sides as they use their time to lecture and stump, and maybe ask a semi-informed question or two.

Why is Zuckerberg on the hot seat alone? Because they’re the biggest visible fish in the sea, so Facebook will be made an example of. Their entire business model is to make money off of your information, and they’ve been pretty open about that since day one.

But Zuck didn’t set the tone, Eric Schmidt at Google did. And social media platforms have followed suit ever since.

Think about it – you know that Facebook collects the data you insert into their walled garden, but Google manufactured your tv, all of your phones, Gmail accounts, and your home assistant, and it’s obvious what they’re doing with all of that data as it is mined and consolidated in a much less obvious way than Facebook. And it’s strange that Google hasn’t come up in any of these talks of collusion, given the depth of their data and lax requirements of advertisers.

That takes us to the overreactions of today – you know that all of you deleting your Facebook accounts aren’t really deleting anything other than your access, right? Facebook still retains the rights to your photos, posts, and past activity. Just as Schmidt noted above as it pertains to Google.

So your information was used to be advertised to. Nothing new to see here. In fact, it’s not even new that Facebook data could be used politically. Although Facebook seemed to turn the other way when this information was being used, they’re certainly no political virgins – Carol Davidsen, director of data integration and media analytics for Obama for America, said Sunday on Twitter of Facebook, “They came to office in the days following election recruiting & were very candid that they allowed us to do things they wouldn’t have allowed someone else to do because they were on our side.”

So it’s not new that Facebook allows third parties to use your data. It’s also not new that the data is openly used for political targeting. So why is this call for Congressional hearings now that the toothpaste is so far out of the tube that it’s down the sink!?

Sadly, politics. Because this time it benefited someone that’s popular to hate. But the result will have nothing to do with politics at all.

People under 30 never lived a life with privacy and can tell you that they know it doesn’t exist – and if it’s gone, it’s still on a social media company’s servers somewhere. And if you take a quiz about what kind of bread you are, you know that your info is going to be used for something, because we all know that if you don’t pay for a product, YOU are the product (that’s an old line dating back eras). This is what politicians intend on legislating, good or bad.

Sure, Zuckerberg is the target of the hearings because of the Cambridge Analytica situation that benefited Trump instead of literally anyone else on the planet, but again, he’s flying solo because he’s the biggest fish in the social media sea.

And he should not be in the hot seat alone.

Jack Dorsey should be sitting next to him. Steve Huffman should be sitting next to him. Reid Hoffman should be sitting next to him. Eric Schmidt should be sitting right behind Sundar Pichai.

But it’s more than that. If Zuckerberg is on the hot seat, so should every company that ever uses your data without your direct consent or complete understanding. The politicians and talking heads are all dominating the airwaves right now screaming about privacy, and stomping around that it must be addressed (again, they’re over a decade late). So why not force the auto insurers that use your smartphone info, or health insurers that can use your smartphone activity to indicate your activity levels (and duh, insurability). Why not the fitness apps that report user locations to the public, accidentally unveiling secret military bases? Why not television manufacturers for using data above and beyond what cable knows (like app usage), selling that info to the highest bidders?

Try to tell me this is about privacy. It’s not. So let me tell you where this is going.

Zuckerberg’s flamboyant “let them eat cake” attitude is something the tech world is used to, but politicians are not. What’s at stake is the very nature of Facebook. What are they? How can politicians regulate them? How can they protect users based on the marginal information they kind of understand and kind of don’t?

The bottom line is that they’re asking if Facebook is a media company, a moniker they’ve brushed off for years. That’s where this is going. And they are a media company. Because they are, but are not legislated as one, politicians have set a trap for ol’ Zuck.

And he shouldn’t be alone testifying. He should have a litany of counterparts at various social media companies up there. But their first step is to pin him with being a media company so they can simply regulate the rest.

We’ve cheered on and red flagged both sides of the social media boom since before it began, but watching people not in tune with technology fumble over regulating it is simply bad for business.

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Lani is the Chief Operating Officer at The American Genius and sister news outlet, The Real Daily, and has been named in the Inman 100 Most Influential Real Estate Leaders several times, co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

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Opinion Editorials

The measure of success is more than just salary

(EDITORIAL) Chicago-based hair stylist, Lindsey Olson, explains why passion and dedication is proven to be the most fruitful attributes for success.

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Six figure stigmas

For years, I’ve been interested in the societal stigma that you have to be a doctor or a lawyer in order to make a solid salary. But as time goes on, what I’ve learned is that it isn’t what you do that necessarily makes you money but what you put into it.

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We live in a different world today than we did even 20 years ago and we have more of an ability to think outside of the box when it comes to the search for success. Lindsey Olson, a Chicago-based hair stylist, is a living example of this.

Finding a passion and running with it

After developing an interest for hair early on in life, Olson began her career as a shampoo technician in a salon while still in high school. Immediately after graduation, she went into cosmetology school and continued bettering her craft.

Now, she has found success as a salon professional, as well as a Redken Exchange Artist and educator.

From there, it has become a matter of building onto the foundation of her success by trying new avenues and taking on new challenges.

Risk and reward

“I’ve always had the mindset that anything is possible,” says Olson. “It’s almost like taking risk. Once you start doing a little bit and see what happens, then you do a little bit more…the bigger the risk the bigger the reward. It really comes down to that if you believe in yourself, anything is possible.”

After her years working in a salon, Olson joined the Redken team in 2007.

With this, she has traveled internationally and has taught the ins and outs of hair coloring, cutting, and styling.

Being that the industry of style as a whole can be quite competitive, Olson has had to learn how to brand herself in a way that sets her apart from the competition. With this, she is very active on social media by sharing the work she has done with clients and models.

Branding against the competition

In addition, she also creates hair tutorials that she shares with her followers as a way to gain traction. “[What’s important is] making it known who I am as a person, as an educator, as a hair stylist, [sharing] my style and showing that to people,” Olson explains.

Despite the fact that her dentist tried to take the wind out of her sails in high school by asking what else she had lined up for herself besides cosmetology school, Olson has continued to take on bigger and better challenges. By doing shown, she has proven that a passion can be successful.

In Lindsey’s words

“Moral of the story, I think, is, don’t ever think that you can’t do something. The moments where you get to the place where you doubt yourself are almost some of the best,” states Olson. “If your life isn’t a little chaotic and challenging, you’re not living.”

#Redken

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Opinion Editorials

Why entrepreneurs need minimalism too

(EDITORIAL) You don’t have to ditch your couch and all but one cushion to be a minimalist. Try applying minimalist thinking to your job if you’re having trouble focusing.

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As a concept, minimalism is often accepted as the “getting rid of most of your stuff and sleeping on the floor” fad.

In reality, minimalism is much closer to living an organized life with a pleasant sprinkling of simplicity as garnish—and it may be the answer to your entrepreneurial woes.

I in no way profess to be an expert on this topic, nor do I claim to have “all of the answers” (despite what 16-year-old Jack may have thought).

I’m a firm believer that you should take 99 percent of peoples’ suggestions with a grain of salt, and that mentality holds true here as well.

However, if you’re struggling to focus on your goals and you consistently fall short of your own expectations, following some of these guidelines may give you the clarity of mind that you need to continue.

First, reduce visual clutter.

If you’re anything like the stereotypical entrepreneur, you keep a thousand tabs open on your computer and your PC’s desktop is an unholy amalgam of productivity apps, photoshop templates, and—for some reason—three different versions of iTunes.

Your literal desktop doesn’t fare much better: it’s cluttered with notes, coffee rings, Styrofoam coffee cups, coffee mugs (you drink a lot of coffee, okay?), writing utensils, electronic devices, and…

Stop. You’re giving yourself virtual and visual ADHD.

Cut down on the amount of crap you have to look at and organize your stuff according to its importance. The less time you have to spend looking for the right tab or for your favorite notepad, the more time you’ll spend actually using it.

And, y’know, maybe invest in a thermos.

Instead of splitting your focus, try accomplishing one task before tackling another one.

You may find that focusing on one job until it’s finished and then moving on to the next item on your list improves both your productivity throughout the day and the quality with which each task is accomplished.

Who says you can’t have quality and quantity?

In addition to focusing on one thing at a time, you should be investing your energy in the things that actually matter. Don’t let the inevitabilities of adult life (e.g., taxes, paperwork, an acute awareness of your own mortality, etc.) draw your attention away from the “life” part of that equation.

Instead of worrying about how you’re going to accomplish X, Y, and/or Z at work tomorrow while you’re cooking dinner, try prioritizing the task at hand.

If you allow the important things in your life to hold more value than the ultimately less important stuff, you’ll start to treat it as such.Click To Tweet

Rather than stressing about the Mt. Everest that is your paperwork pile for the following Monday, get your car’s oil changed so that you have one less thing to think about.

Minimalism doesn’t have to be about ditching your 83 lamps and the football-themed TV stand in your living room – it’s about figuring out the few truly important aspects of your daily existence and focusing on them with everything you’ve got.

As an entrepreneur, you have the privilege of getting to do just that.

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Opinion Editorials

Two myths about business that could land you in a lawsuit

(EDITORIAL) Two misconceptions in the business world can either make or break a small business.

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Business casual

When you’re an entrepreneur with a small staff, you may be in the habit of running your team casually.

While there’s nothing wrong with creating a casual environment for your team (most people function better in a relaxed environment), it’s wise to pay close attention to certain legal details to make sure you’re covered.

Labor laws still apply

It’s easy to misinterpret certain aspects of labor law since there is a lot of misinformation about what you can and cannot do inside of an employee-employer relationship. And since labor laws vary from state to state, it can be even more confusing.

As an entrepreneur, it might be strange to think of yourself as an employer. But when you’re the boss, there’s no way around it.

Here are two employment myths you might face as an entrepreneur along with the information you need to discern what’s actually true. Because these myths carry a lot of risk to your business, it’s important that you contact an attorney for advice.

1. Employees can waive their meal breaks without compensation

It’s a common assumption that any agreement in writing is an enforceable, legally binding contract, no matter what it contains. And for the most part, that’s true.

However, there are certain rights that cannot be signed away so easily.

For example, many states in the US have strict regulations around when and how employees can forfeit their unpaid meal breaks.

While meal breaks aren’t required at the Federal level, they are mandated at the state level and each state has different requirements that must be followed by employers. While some states allow employees to waive their meal breaks, on the other end of that the employer is usually required to compensate the employee.

For example, in California an employee can waive their 30-minute unpaid meal break only if they do so in writing and their scheduled shift is no more than 6 hours. In other words, when a shift is more than 6 hours, the meal break cannot be waived.

Additionally, when an employee waives their unpaid meal break, they must be paid for an on duty meal break and be compensated with an extra hour of pay for the day.

Vermont, on the other hand, provides no specific provisions for meal breaks and according to the Department of Labor, “Employees are to be given ’reasonable opportunities’ during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee.”

As you can see, some states have specific regulations while others have general rules that can be interpreted differently by each employer. It’s best not to make any assumptions and contact a labor law attorney to help you determine exactly what laws apply to you.

2. You own the copyright to all employee works

So you’ve hired both an employee and an independent contractor to design some graphics for your website. You might assume you automatically own the copyright to those graphics. After all, if you paid money, shouldn’t you own it?

While you may have paid a small fortune for your graphics, you may not be the legal copyright holder.

Employees vs. independent contractors

When your employee creates a work (like graphic design) as part of their job, it’s automatically considered a “work made for hire,” which means you own the copyright. An independent contractor, however, is different.

While any legitimate work made for hire will give you the copyright, just because you created a work for hire agreement with your independent contractor doesn’t mean the work actually falls under the category of a work made for hire.

According to the Copyright Act (17 U.S.C. § 101) a work made for hire is defined as “a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas.”

This means that unless your graphic design work (or other work you paid for) meets these requirements, it’s not a work made for hire.

In order to obtain the copyright, you need to obtain a copyright transfer directly from the creator, even though you’ve already paid for the work.

Always play it safe

The boundaries of intellectual property rights can be confusing. You can protect your business by playing it safe and not making any assumptions before consulting an attorney to help you discern the specific laws in your state.

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