American Psychiatric Association updating to DSM V in 2013 to include Broader Diagnosis for Disorders

While many attorneys deal with the Diagnostic and Statistical Manual of Mental Disorders (DSM) in the context of criminal competency examinations, the news about the coming changes in DSM V have other, broad implications for mental health care, education and drug company profits.  


The National Institute of Mental Health (NIMH) and the American Psychiatric Association (APA) initiated a DSM-V Research Planning Conference in 1999.  Work groups are developing draft updates to the chapters of the existing DSM IV.  The American Psychiatric Association reports

The work groups began meeting in late 2007. While the 13 work groups reflect the diagnostic categories of psychiatric disorders in the previous edition DSM-IV, it is expected that those categories will evolve to better reflect new scientific understanding. With the understanding that some continuity from DSM-IV to DSM-V is desirable to maintain order in the practice of psychiatry and continuity in research studies, there has been no pre-set limitation on the nature and degree of change that work groups can recommend for DSM-V.

However, NPR has run an interesting piece highlighting how the updates, which will include broader definitions of many disorders, can dramatically impact school funding for special education programs, as well as drug company bottom lines. 

But [the DSM revision is] not without controversy: The proposed changes suggested this year have sparked a kind of civil war within psychiatry .... Allen Frances, [ ] blames himself for what he calls the "Epidemic of Asperger's." Frances edited the last edition of the DSM, and he's also the new DSM's most prominent critic.  Frances is the one who put the word Asperger's in the DSM in the first place, thereby making it an official mental disorder.

That report chronicles the impact of the broader definition of the disorder to drive an "over diagnosis" of the condition to allow for increased funding for special education, as well as patient demand for new drugs marketed to adults and children.


For any questions regarding criminal charges, a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Free Medical Clinic to Open Christmas Eve in Yakima, WA

Congratulations to Dr. Ryan Crafts and a team of health care professional volunteers who will open a new, free clinic at the Union Gospel Mission in Yakima, Washington on Christmas Eve.

Dr. Crafts has been tireless in coordinating donated equipment, supplies and volunteers which, admittedly, only begins to scratch the surface of  a massive need for basic medical care of thousands of area residents and itinerant workers.

As Dr. Crafts explains:

A mess of health care workers have volunteered to run a clinic by appointment from 9-3 tomorrow Christmas Eve.  It's pretty sweet little clinic with dental chairs and dental xrays in a couple rooms and 2 small medical exam rooms.   There's not a lot of medical supplies like injectables and lab testing supplies and stuff but we'll get supplies as we go.

Itsa free clinic and we're starting out with just seeing folks living at the mission and working/volunteering at the mission.  Plus I'm allowed to schedule my own home-visit/email patients in there too. 

We'll be doing a walk in clinic for the mission folks on Christmas from 1-5 if anyone wants to stop by and bring us food :)

Donations will be accepted through the Union Gospel Mission in Yakima once arrangements have been made on their website. Yakima is located in south central Washington and has an economy fueled primarily by agriculture.  Much of the nation's apples, pears, cherries, hops, as well as Washington wines are produced in the region.

FCC Approves Net Neutrality Rules for Wireless and Broadband Internet Providers

CNET reports the FCC has approved new rules regarding net neutrality.  This is a much debated issue that affects wireless and fixed broadband internet users.  It is a question of whether an internet provider such as Comcast and Time Warner Cable can block or significantly slow traffic of certain internet sites.

For example, if Time Warner is tired of Netflix taking away too much of its On Demand business - just put the breaks on Netflix streaming to its internet subscribers - make all internet traffic from that site painfully slow or blocked altogether.  Why not block Google or Yahoo too if it suits them?  Republicans have generally opposed Net Neutrality rules (keeping internet service providers from blocking or limiting traffic from certain websites).

CNET reports:

The new Net neutrality rules adopted Tuesday essentially create two classes of service subject to different rules: one that applies to fixed broadband networks and one for wireless networks. The FCC says this is necessary because wireless networks are technologically different from fixed broadband networks. 

The first rule requires both wireless and wireline providers to be transparent in how they manage and operate their networks. 

The second Net neutrality rule prohibits the blocking of traffic on the Internet. The rule applies to both fixed wireline broadband network operators as well as to wireless providers. But the stipulations for each type of network are slightly different.

For fixed broadband networks, operators cannot block any lawful content, services, applications, or devices on their network. Wireless providers area also prohibited from blocking Web sites, but the rule is slightly more lenient when it comes to blocking applications and services. The rule only prohibits these companies from blocking access to applications that specifically compete with a carrier's telephony voice or video services. In each case, the blocking rule also allows fixed and wireless broadband providers to reasonably manage their networks. 

And finally, the last rule applies only to fixed broadband providers. It prohibits fixed wireline broadband providers from unreasonably discriminating against traffic on their network.

It remains unclear whether federal courts recognize the authority of the FCC to enforce Net Neutrality rules. 

If you have questions regarding internet crime, federal investigations, grand jury subpoenas or other state or federal civil or criminal law issues, call the Winiker Law Firm, PLLC, www.winikerlaw.com, (704) 333-8440

Update for Google Chrome browser released today

October 19, 2010

www.winikerlaw.com

I have been a fan of the Google Chrome browser for about a year now - and today an update has been published that claims any bugs (I never saw them) are now resolved.

It starts fast, loads web pages fast, the web address bar doubles as an easy google search tool, and it has extensions for my favorite google products like Google Voice (Voice-mail for cell, work or home - transcribes and emails messages - truly 'visual voice-mail' .... and free). While some of the features I like in Chrome have been adopted in Explorer and Firefox, they don't do it like Chrome.

Give Chrome a shot - I think you'll like it.

Google Chrome Releases: Stable Channel Update


For any questions regarding a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Searching Digital Images on your Computer, the Internet and Google Goggles

October 10, 2010 
www.winikerlaw.com


A mixed topic, but the common theme in this article is digitized images - pictures that (usually) have been taken by a phone or other device, or (as in the old days) scanned in after a roll of film had been taken by horseless carriage to the corner store to be developed.  I learned, while with the Department of Justice*, is that each digital image contains metadata, and other data that makes them unique.


You can alter a picture on Photoshop - but a true copy of a picture will have all the same ones and zeros as the original.  This means there is a way you can make sure the digital picture you have is a complete duplicate of another picture.  (The explanation is way oversimplified - primarily for me - but there's a concept called Hash Function involved too)


All that means a couple of things at home and on the internet.  If you are like me, you take dozens of pictures of the kids and family every weekend, download them to the computer every few months - but not deleting old pictures you already downloaded.  You end up with hundreds or thousands of duplicates.


Two programs that search your computer's images for exact, or comparable metadata that work great are:

    

• Awesome Duplicate Photo Finder  

It has an easy interface - select the folder you want to search (My Pictures) and it scans the computer for duplicates.

For me, it helped me find other folders with a lot of duplicates - using the program to actually delete them was time consuming.

Easy Duplicate Finder 

The interface appears more intimidating - but it does the same thing - and pulls up files in a way that you can delete a batch at a time.  I have not played around with it enough though to trust it entirely yet - just used it to identify duplicate folders at this point.

There are search engines that purport to index the same information from the internet to find the same information, such as Tin Eye - but have not seen a dramatic application or functionality.

A search on Tin Eye using the DOJ logo from CCIPS (Computer Crime and Intellectual Property Section, USDOJ), where you inset the link of the logo (picture) - told me the logo has been copied onto a number of websites, including UK based pornography enthusiasts, and more benignly, a USA Today blog.


A screenshot of the search:

Facial recognition software made available in Google image searches caused a real dust-up a few years ago.  Companies that offered it took it off the market.  Google apparently used it in their image search functions, but my research shows they dropped it circa 2007.


They have now released an interesting new product - Google Goggles - an app for a Droid or iphone that allows you to photograph a building, monument, etc, and run an internet search to pull information about that image.  It is essentially image recognition to identify the object (Big Ben, Eiffel Tower - but does it have the Penguin?)


When first released over a year ago, the question of facial recognition created a furor.  According to the Daily Mail, Google says:

Google spokesman Anthony House said: 'We do have the relevant facial recognition technology at our disposal. For instance with our Picasa picture service a user can tag a friend in their photo album and it will search for and tag any other pictures of that person. 'But we haven't implemented this on Google Goggles because we want to consider the privacy implications and how this feature might be added responsibly. 'So if someone uploads a picture of a stranger on Goggles there is no process to identify them and the search will come up with "no matches found."

'We will have talks with privacy advocates and consumers before we consider any changes - it may be people want such a service, but we don't have a rigid timescale on when any decisions will be made.'

 While facial recognition is mostly out of the hands of the general public, it's a tool that exists for some right now - and may bring very interesting uses for business and government.  Imagine surveillance cameras identifying faces, then running automatic internet searches - cross referencing shopping or web surfing history - and producing an individual ad right there in the shopping aisle for a product it thinks you want - or sending a note to the mall cops to pick you up on an outstanding warrant?  Some people may start wearing sunglasses more when they go shopping.


*[I was a line Asst. US Attorney in Spokane and Yakima, Washington- and worked with "Main Justice's" CEOS -Child Exploitation Section and CCIPS -Computer Crime Section in national investigations as well as conducted and organized classroom training]

For any questions regarding a law enforcement investigation, grand jury subpoena, federal indictment, cyber bully or cyber stalking law, computer crimes, white collar criminal (fraud) charges, or any Mecklenburg County state charges, contact the Winiker Law Firm at (704) 750-9212 or info@winikerlaw.com

Winiker Law Firm current events

Winiker Law Firm

• I am teaching a seminar on evidence in federal and state while collar fraud trial - NBI in Charlotte, North Carolina  Applying the Rules of Evidence: What Every Attorney Needs to Know
• See a News 14 Carolina story on a recent Matthews arrest - an interesting case on a new cyber bully law - Also reported in the Charlotte Observer

For any questions regarding federal indictment, grand jury subpoena, cyber bully or cyber stalking law, white collar criminal defense, or any Mecklenburg County charges, contact the Winiker Law Firm at (704) 333-8440 or info@winikerlaw.com

Trips for Kids Charlotte - an inexpensive 'new' bike for your kids - support a great nonprofit cause

I have been a loyal supporter for Trips for Kids Charlotte for over four years.
(Located on the corner of 15th and N.Davidson Charlotte, NC, 28202  - Phone: (704) 236-5474  - Mon - Thurs: 6:00 pm - 8:00 pm - Sat: 10:00 am - 4:00 pm)


 I have three young children - and as they grow out of everything in the blink of an eye, it has been a fantastic way to trade up to 'new' (gently used and expertly refurbished) bikes, while supporting a great local nonprofit who is bringing bikes, programs on responsibility and fun to local disadvantaged kids. This is one of their programs:

The Earn-A-Bike Program offers kids a chance to earn their own bike by completing a series of hands-on lessons in basic bike mechanics and bike safety, which also focus on personal responsibility, achievement and self-empowerment. This program is available to individuals or groups from TFKC’s target populations. The organizations that bring children to the Ride Program have traditionally been the same organizations that send children to the Earn-A-Bike Program. The Re-Cyclery hopes to open this program to adults referred from area social service agencies who need transportation options to access employment.

I have traded up bicycles through the bike recyclery - each bike has been checked out by a volunteer staff person - and frankly, you can't find a better deal.

My daughter grew out of two bikes last summer - it's an inexpensive way for her to keep riding on a bike that's right for her.


This is my team last Saturday where we bought a tricycle and two 18" mountain bikes that looked new to me - total price of $170.

 

Donate your bikes - money - and buy your kids' next bikes form there - my kids love it - and my daughter and niece learned to ride without training wheels in 5 minutes from a helpful staff member!

They were featured a few years ago on CBS Evening News:

Topton, NC and the Nantahla National Forest

Beautiful week courtesy of the happy Zabel Family in the Nantahla National Forest last week

Rafting courtesy of the Nantahala Outdoor Center.  We were the only ones to run on what turned out to be the only day of bad weather.  Of course, I popped out.

Sunscreen debate

I have loosely been following reports that the most common ingredients in traditional sunscreen have been big factors in melonoma, hormone issues, etc (just putting them on - without adding sun).  Instead, sunblocks are recommended - which are not pretty as they go on thick and white before blending in - zinc oxide and titanium dioxide.  One article, however, slams titanium dioxide - and also slams nano zinc particles because of the potential to disrupt cells.

Here's a list of pure and mixed sunblock products first - One pure one available at CVS  - see links I've found to a few helpful articles that lay out the debate.

Blue Lizard Australian Sunscreen SPF 30+
SKU #334057
(Active Ingredients: Zinc Oxide (10%), Titanium Dioxide (5%).)

CVS/pharmacy
CVS Sunblock With Zinc Oxide Spf 45+
(Ingredients - mixture - sunscreen and sunblock

Octinoxate 7.5%; Octocrylene 8.0%; Zinc Oxide 6.86%)

• Blue Lizard Australian Suncream SPF 30 Baby - a pure sunblock with both zinc oxide and titanium dioxide.
• Neutrogena Sunblock Lotion Sensitive Skin SPF 30 - a pure sunblock with just titanium dioxide

Sunscreen with Sunblock

Many more products are available which combine a sunscreen with a sunblock to help get broad spectrum UVA and UVB protection, including:

• Aveeno Baby Continuous Protection Sunblock Lotion SPF 45 - a good sunscreen, plus has both zinc oxide and titanium dioxide.
• Banana Boat Baby Tear Free UVA & UVB Sunblock Lotion SPF 50 - a sunscreen with the sunblock titanium dioxide
• Banana Boat Sport Ultra Sweatproof UVA & UVB Sunblock Lotion SPF 30 - a sunscreen with the sunblock titanium dioxide
• Blue Lizard Australian Suncream SPF 30+ Face - a sunscreen with zinc oxide
• Blue Lizard Australian Suncream SPF 30+ Regular - a sunscreen with zinc oxide
• Blue Lizard Australian Suncream SPF 30+ Sport - a sunscreen with zinc oxide
• Bull Frog SuperBlock Sunblock Lotion with SPF 45 - a sunscreen with the sunblock titanium dioxide
• Coppertone Kids Spectra 3 SPF 50 Sunblock Lotion - a sunscreen with zinc oxide
• Coppertone Water Babies SPECTRA3 Sunscreen Lotion SPF 50 - a sunscreen with zinc oxide
• Hawaiian Tropic 45 Plus Sunblock - a sunscreen with the sunblock titanium dioxide

 Here's an article:

Sunburn Prevention: Are Sunscreens Safe?


by Jane Sheppard

It seems to lay out the debate well - here's an excerpt:

Many popular sunscreens contain the chemical ingredient Benzophenone (or its derivatives Benzophenone-3 or Oxybenzone) since it is one of the best of the chemical sunscreens in protecting against both UVA and UVB rays. However, sunscreens containing these chemicals are NOT a good choice. Here is an instance in which the protection may create more harm than good and actually cause the disease it's trying to prevent. Benzophenone is a powerful free radical generator activated by ultraviolet light. These free radicals could initiate a reaction that may ultimately led to melanoma and other skin cancers.

Studies show that some of the chemicals in sunscreens are absorbed into the bloodstream in significant amounts. The longer sunscreen chemicals are left on the skin, the greater the absorption into the body. One study notes "it would be prudent not to apply oxybenzone to large surface areas of skin for extended and repeated periods of time, unless no alternative protection is available. There may be an additional concern for young children who have less well-developed processes of elimination, and have a larger surface area per body weight than adults."

Many sunscreen products contain triethanolamine (TEA). This ingredient may combine with nitrite (used as a preservative or may be present as an environmental contaminant) to cause formation of cancer-causing nitrosamines. Nitrites are not disclosed on cosmetic labels so there's no way of telling which products are contaminated with nitrosamines. Particularly disturbing is that up to 35 percent of TEA applied to the skin can enter the bloodstream.

Physical barrier-type sunscreens such as titanium dioxide and zinc oxide are assumed to be safer products. However, research now shows that though titanium dioxide sunscreens are safer than products containing chemicals such as benzophenone, they are not something we should be putting on our children's bodies on a regular basis. Titanium dioxide has the ability to cause DNA damage in human cells and there is concern that it may be carcinogenic.

Zinc oxide is a mineral that provides complete UVB/UVA protection, has anti-inflammatory properties, and is considered a safe sunscreen ingredient. Zinc oxide is the only FDA approved sunscreen for use on children under 6 months of age. However, the regular form of zinc oxide leaves a strong white residue on the skin. To create a clear skin product rather than one that leaves a white residue, zinc oxide is now made in the form of nano-size particles. There is growing concern about the toxicity of nanoparticles, which has initiated a world-wide effort to study the skin absorption and phototoxicity of nanoparticles of preparations used in sunscreens and cosmetics. At this time, the safety of nanoparticles has not been proven, so caution is prudent, especially when using these products on children.

This is the CDC study that has led to some of the debate:

Concentrations of the Sunscreen Agent Benzophenone-3 in Residents of the United States: National Health and Nutrition Examination Survey 2003–2004

A non-profit called the Environmental Working Group has led the charge -

The bodies of nearly all Americans are contaminated with a sunscreen chemical that has been linked to allergies, hormone disruption, and cell damage, according to a new study from the Centers for Disease Control (CDC). A companion study from the Mt. Sinai School of Medicine found that the same chemical is linked to low birth weight in baby girls whose mothers are exposed during pregnancy.

The chemical, oxybenzone, is widely used in sunscreens. Environmental Working Group's (EWG) analysis of ingredient labels found that nearly 600 sunscreens sold in the U.S. contain oxybenzone, including products by Hawaiian Tropic, Coppertone, and Banana Boat. Although oxybenzone is most common in sunscreen, companies also use the toxic chemical in at least 567 other personal care products, including lip balm, lipstick, moisturizers and fragrance for women.

Oxybenzone was last reviewed for safety in the 1970’s but since then significant new evidence has been published on its toxicity and pervasive exposure. A recent review by the European Union found insufficient data to determine whether oxybenzone in sunscreen is safe for consumers

Looking for a reliable business solution for Mobile Wireless Internet? #in

(October 9, 2010) Winiker Law Firm

I am a big Verizon fan - and while I know they offer a thumb drive wireless internet device for around $50 per month to access their wireless internet network -  Clear has proved for almost a year to be a reliable and cheaper alternative for my office as well as mobile internet needs.


(No, I am not advertising for them - I just get excited when I find a product or service that actually does what it is supposed to...)

Clear provides entirely wireless internet service through 4G Wimax towers.  The wireless modem (basically radio antenna) needs to be near a window.  Otherwise, you can then plug the antenna into your wireless router to share the connection with whatever you have hooked up to your router.

Here's the antenna I have for work which is about the size of a linksys modem on it's side:

Speeds have been decent - not blazing - but for $30/month it's not bad as Time Warner would charge me - $70!  Speedtest.net rates me at about 4.5 mpbs, but with a 160+ms latency.

I have now purchased the thumb drive-sized antenna to use around town, in court, etc - total cost for unlimited use for both devices: $50.  I have gotten good reception on the thumb device in most metropolitan areas - and even was able to get some spotty internet connection on a train ride from DC to Charlotte - but the reception would not be as universally available as a Verizon antenna, for instance.  I was not able to get a signal at the federal courthouse in Statesvlle, NC. Still,  I have found it to be a reliable and economical solution for mobile and home/office internet.