Regulating Your Fun in the Sun

Did you know that the Friday before Memorial Day has been designated as Don’t Fry Day? Relax. It doesn’t mean that you cannot eat or cook any fried food, such as fried chicken or French fries, but rather, it is day set aside by the National Council on Skin Cancer Prevention to encourage sun safety awareness. In the United States, Memorial Day weekend is typically the unofficial beginning of the summer season. That would mean (in a pandemic-free world), trips to the beach or the park, backyard barbecues, and swimming, all of the hallmarks of summer living. All of that time spent outdoors in the sunshine also means that it’s time to slather on the sunscreen.

According to the Centers for Disease Control and Prevention (CDC), skin cancer is the most common form of cancer found in the United States. While it recognizes that there are benefits to spending time outdoors, the CDC recommends protecting your skin from harmful UV rays “by staying in the shade, wearing protective clothing, and applying a broad spectrum sunscreen with a sun protection factor (SPF) of 15 or higher.”

All of this talk of sunscreen made us wonder about the regulations that govern the sunscreen that we are putting in our skin. (We’re law librarians. Can’t you tell?) The U.S. Food & Drug Administration (FDA) is the agency responsible for regulating the topical sunscreens that consumers find on store shelves. These regulations can be found in 21 C.F.R. §§352.1 - 352.77 (2020). Specifically, the FDA regulates the active ingredients that are in the sunscreen, the combination of those ingredients, the labeling of the products, and the testing procedures. In addition, to be “generally recognized as safe and effective” (GRASE) and not misbranded, a sunscreen product must meet the conditions set forth in 21 C.F.R. § 330.1 (2020) as well as those found in Part 352.

To comply with provisions in the Federal Food, Drug, & Cosmetic Act (FDCA), as amended by the Sunscreen Innovation Act (SIA), the FDA published a proposed rule in the Federal Register early last year requesting additional data to determine whether certain active ingredients found in sunscreens are GRASE in light of changed conditions since the publication of the previous rule in 1999. The proposed rule would update the regulatory requirements for most sunscreens. The FDA planned to implement this rule and make it part of a final Monograph, but never did. The proposed rule and monograph have been thrust once again into the light of day with the enactment of the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March. Section 3854 of the CARES Act, which sunsets the SIA on September 30, 2022, permits a sponsor of a nonprescription sunscreen active ingredient to elect a review of the ingredients in accordance with the procedure set forth in section 505G of the FDCA, as added by Section 3851 of the CARES Act or pursuant to the process set forth in section 586C of the FDCA (21 U.S.C. §360fff-3). The effect of these new rules concerning the safety of certain active ingredients remains to be to seen. Until then, the FDA still highly recommends that everyone use sunscreen and be smart when it comes to sun exposure. So, on this Feel Good Friday, we want you to enjoy, have fun, and be safe. And, remember, don’t fry today or any day.

From Rickrolling to Zoombombing

In 2008, the interactive video game company, Take Two, announced the release of Grand Theft Auto IV, a highly anticipated event in the world of gaming. The trailer, leaked prior to its release, generated so much online traffic that it broke the Internet. Many eager fans were unable to stream or download the promotional video, and as result, one of the most popular memes of all time was born. A prankster on the popular video game chat board, 4chan, tricked unwitting suspects by hyperlinking the supposed trailer for Grand Theft Auto IV to the YouTube video of Rick Astley’s 1987 hit song, “Never Gonna Give You Up.” Rickrolling, as it came to be known, was born.

Internet lore says that Rickrolling wasn’t an original idea. Like most creative endeavors, it evolved from an earlier prank called duckrolling. The concept was less viral for obvious reasons – instead of Rick Astley’s trademark moves and upbeat earworm, the targeted parties were presented with an image of a duck on wheels accompanied by a more obscure musical selection, The Pickard Song by DarkMateria. The clear winner emerged.

A defining quality of the Internet meme is, of course, its transformation over time. Memes morph as people modify and share them and as technology advances. Today, with so many people working from home and connecting online, the potential for shenanigans is even greater. Videoconferencing platforms, and Zoom in particular, have been used for business meetings, social gatherings, medical visits, and therapy groups. With so many people accessing this popular platform every hour, users are sitting ducks for those with bad intentions. Enter Zoombombing, the practice of invading a public or private meeting over the Zoom platform to broadcast offensive or disruptive content. Whereas Rickrolling was (mostly) harmless and fun, Zoombombing is anything but. In fact, it’s now become a criminal act to intrude on public or private meetings. Federal prosecutors and the FBI are warning would-be hackers that the legal implications of Zoombombing are real.  

We’ve assembled a few good resources about Zoombombing, focused specifically on recent developments in the law. We also link to two articles with tips for protecting your meetings from uninvited guests to lessen your own chances of being Zoombombed. If you are the victim of a teleconferencing attack, report the incident to the FBI Internet Crime Complaint Center. Stay safe!

Links

Zoombombing and the Law (Reason)

Federal, State, and Local Law Enforcement Warn Against Teleconferencing Hacking During Coronavirus Pandemic (United States Department of Justice)

Who’s Zoomin Who? (National Law Review)

Protect Yourself

How to stop trolls from taking over your Zoom call (The Verge)

Security tips every teacher and professor needs to know about Zoom, right now (ArsTechnica)

World Migratory Bird Day 2020

Recent news reports have indicated that bird-watching has become a popular hobby during the coronavirus pandemic. As more people are emerging from quarantines and are venturing out as stay-at-home orders are being lifted or rolled back, they are flocking to the great outdoors and finding a new appreciation for our feathered friends, perhaps even the ubiquitous pigeon and house sparrow. Avid birdwatchers have long known the physical and mental health benefits associated with their hobby. Bird watching can not only improve one’s cardiovascular health but it can also lift one’s spirit. Imagine the excitement of observing a species you have never seen before. Bird watching also gets people into the fresh air and helps them become more contemplative and meditative as they watch the trees or the marshes for the appearance of that long-expected bird.

Now is an even more exciting time than ever to turn our eyes to the skies. Spring and fall typically mark the peak bird migration periods here in the United States and elsewhere. Fittingly, tomorrow, May 9, 2020, is World Migratory Bird Day in the Americas (WMBD) , a program aimed at educating the public about migratory birds and the ways to protect them. This year’s theme, Birds Connect Our World, focuses on the tracking technology used to examine the routes followed by these migratory species and how it can be used to support conservation efforts. This year’s featured species includes: American Kestrel, Arctic Tern, Baird’s Sparrow, Barn Owl, Bar-Tailed Godwit, Calliope Hummingbird, Canada Warbler, Fork-Tailed Flycatcher, Northern Pintail, Purple Martin, Western Sandpiper, and Yellow-Breasted Chat. Of these species, about 8 of them can be found in or migrating through the Houston area or Gulf Coast region. We’re not telling you which ones, though. You’ll have to go to online to find out for yourself.

First created in 1993 by the Smithsonian Migratory Bird Center as International Migratory Bird Day, WMBD has expanded its focus to include the major migratory bird flyways: the African-Eurasian, the East Asian-Australasian, and the Americas. Each year throughout North America, on the second Saturday of May, Environment for the Americas coordinates a bird festival featuring events, programs, and activities. This year’s Bird Day LIVE events, however, will be going virtual. The festival will feature kid-friendly sessions, such as story times and movies, interactive quizzes, and speakers as well as sessions in Spanish. There are also plenty of resources on the WMBD website, including activity sheets and coloring pages. The Smithsonian’s National Zoo & Conservation Biology Institute is also having a digital celebration of WMBD. It is hosting a “flash flock” to promote Bird Friendly® coffee farms and featuring fun activities on Facebook and Twitter. The U.S. Fish & Wildlife Service has a lot of good educational resources on its website, not only for WMBD but also about birding in general. You can also read about the Urban Bird Treaty Program, of which Houston is a part. Speaking of Houston, the Houston Audubon Society is hosting an online WMBD event with presentations, workshops, art contests, and more.

Throughout the years, the federal government has recognized the importance of migratory birds and has enacted legislation protecting birds and their habitats. Key legislation includes: Migratory Bird Treaty Act, Endangered Species Act, Bald and Golden Eagle Protection Act, and North American Wetlands Conservation Act. The United States is also a party to two international treaties: Ramsar Convention and the Antarctic Treaty.

If all of this has inspired to you to take flight and head outdoors, there are plenty of resources to help you with bird identification skills:

• Cornell Lab of Ornithology’s All About Birds

• U.S. Fish & Wildlife Service - Bird Enthusiasts

• Houston Audubon Society

International Haiku Poetry Day

Amid all of the news about COVID-19, it’s so easy to forget that the world is still spinning as it always did and that our daily lives, though disrupted and different, are still meant to be lived and enjoyed. Little things, perhaps once viewed as inconsequential or taken for granted, seem to take on greater meaning, such as dappled sunlight on a wooded path, the smell of jasmine in the air, or a cool breeze in Houston in mid-April. If it seems that we are waxing a bit poetic, it’s perfectly understandable because it’s April, and April is National Poetry Month.

In the past, the Harris County Law Library has celebrated National Poetry Month with an exhibit in the Law Library lobby and a series of blog posts, highlighting the poetry and verse that can be found (perhaps
surprisingly) in the law. We, like most spaces, are closed to the public, so an exhibit in our lobby did not seem quite feasible. However, we do invite you to look back and read our past posts for a bit of a chuckle:

• Poetry of the Bench and Bar: The Calf-Path or Precedents (April 1, 2016);

• Poetry of the Bench and Bar: Wills in Verse (April 8, 2016);

• Poetry of the Bench and Bar: The Taxman Cometh (April 15, 2016);

• Poetry of the Bench and Bar: The Things That Lawyers Know About Earth Day (April 22, 2016);

• Poetry of the Bench and Bar: Quoth the Raven, In Re Love (April 29, 2016);

• Poetry of the Bench and Bar: Poetic Justice (April 26, 2017);

• Talking with the Taxman About Poetry (April 11, 2018); and

• Legal Tech and the Justice Gap — A Few Haiku for Poetry Month (April 30, 2019).

You can also visit Gallagher Law Library Judicial Humor page for some parodies, humorous plaintiffs, and veiled references.

Or you can go about creating your own poem. If that sounds intimidating, it’s okay to start small, as in how about a haiku? After all, today, April 17, is International Haiku Poetry Day. To refresh your memory, a haiku, is a type of poem originating in Japan that is unrhymed and, in the English-language format, follows a pattern of three lines consisting of five, seven, and five syllables, respectively. It finds its inspiration in nature and the natural world and generally focuses on the seasons. Other characteristics include two juxtaposed subjects separated by punctuation and an unusual observation made by comparing the two subjects. For a good explanation of haiku, see Haiku-Poetry.org. You can find some examples of famous haiku written by Japanese masters, such as Matsuo Basho and Kobayashi Issa, here. There are also plenty of how-to guides online to help you along if you are having trouble.

If creating your own poem still seems a bit daunting, no worries! April 17 is also National Cheeseball Day. Feel free to check out those recipes on Pinterest and the Food Network and try your hand at crafting your own delicious cheese masterpiece. There is an added bonus, too. As luck would have it, April 17 is also Malbec World Day, honoring that wonderful medium- or full-bodied red wine from Argentina. What better pairing is there than wine and cheese? So, just sit back and relax with your cheeseball and glass of Malbec and simply experience the poetry that’s all around you. Who knows? Maybe, you will be inspired to write that haiku after all.