Saturday, June 9, 2018

The European Union and Our Privacy




Historically, privacy was almost implicit, 
because it was hard to find 
and gather information. 
But in the digital world, 
whether it's digital cameras or satellites
 or just what you click on, 
we need to have more explicit rules - 
not just for governments 
but for private companies.

~Bill Gates








Have you noticed the recent barrage of privacy policy emails? Or maybe you've had to click to accept a website's privacy policy before you can login to your email or make an online purchase. Here's a copy of an email I received just last night:



What does the EU have to do with privacy regulations in the United States?

Simply put, not a lot. While some companies have announced that they will have one uniform privacy policy for the entire world, there is no requirement that data collection in the United States abide by the rules of the European Union (EU). In the US, we have laws protecting data privacy for health and financial records, and and for children. That, of course, leaves a lot of unprotected data. 

For more information on the GDPR, check these article: 3 Things You Should Know About Europe's Sweeping New Data Privacy Law, and Everything you need to know about a new EU data law that could shake up big US tech.

What is the GDPR?

The General Data Protection Regulation (GDPR) is a directive that was approved in April 2016. European authorities gave companies two years to comply and it came into force on May 25, 2018. It applies to residents of the EU, i.e., anyone living in an EU country, including Americans, is included in the new law. Moreover, all companies that have an Internet presence in the EU, including large American companies (Google, Facebook, Microsoft) are affected by the GDPR.

Under the GDPR, personal data includes what a person posts on social media, electronic medical records, mailing addresses, IP addresses, and GPS locations. The regulation requires permission from individuals to collect their personal data. The company clearly must ask for permission to collect personal data, and for the most personal data, the ask must be even clearer. If an individual does not want a company to keep personal data, then the company must delete the data without delay or face a penalty.

Under GDPR, consumers also has the following rights:
  • the right to access the personal data being stored by companies and find out where and for what purpose it is used;
  • the right to ask whoever is controlling their data to erase it and potentially stop third parties processing it; and 
  • the right to take their data and transfer it to a different service provider.
The regulation addresses data breaches, too. Under the GDPR, companies must notify their data protection authority about a data breach within 72 hours of first becoming aware of the breach, and customers must be notified of the breach "without undue delay." For more about the requirements of the GDPR, click GDPR, The Checklist For Compliance.

Companies could face steep penalties for failure to comply--As much as 10 million euros ($12.4 million), or 2% of annual worldwide revenue, which ever is higher. In cases of negligence or violating the conditions of consent and infringing on data subject rights, the fines can go as high as 20 million euros ($24.8 million), or 4 percent of annual worldwide revenue, whichever is higher.

Too Soon to Tell

The law has been in effect for just over two weeks, so its affect on the people it aims to protect and the companies operating in the EU remains to be seen. How much it influences policies in countries not in the EU, such as the United States, is also an open question.

Another unknown is how Brexit will interact with the GDPR. Brexit, England's withdrawal from the EU, is complete on March 29, 2019. Until then, England is subject to the GDPR just as any other EU country. Afterwards, British companies will still have to observe the GDPR for EU residents.

Will the United States ever follow suit and strengthen our privacy laws? Probably not. In the meantime, check GDPR: Why Privacy Is Now Stronger in EU Than U.S. for a discussion on how privacy laws compare.

Tuesday, July 4, 2017

Protecting What's Mine

But you were up to your old tricks 
in Chapters Four, Five and Six.
And I'm giving you a longing look...
The way you walk
The way you talk and try to kiss me
And laugh in four or five paragraphs.
All your compliments 
and your cutting remarks
Are captured here in my quotation marks.

And I'm giving you a longing look...
Everyday I write the book.
Don't tell me you don't know the difference
Between a lover and a fighter.
With my pen and my electric typewriter
Even in a perfect world 
where everyone was equal
I'd still own the film rights 
and be working on the sequel.

Elvis Costello


Have you written a book? Or taken a picture you want to distribute? Maybe designed software? When you expend the time and energy to put your thoughts to paper, create a piece of art, or create some sort of computer application, you want to make sure that you get credit for your work, right? That's where copyright law comes into play.

Along with patents and trademarks, copyright is a way to identify the ownership of certain types of "intellectual property." The U.S. Constitution, Article I, Section 8, Clause 8 grants Congress the power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."  This clause is the source of Congress' power to enact legislation governing copyrights and patents, and it is often referred to as the "patent and copyright clause." Copyright laws are found in Title 17 of the United States Code.

Chances are that you've seen a copyright notice. In books, it's the © with the author's name and year of publication that you see on one of the inside pages of a novel. In magazines, it's often buried in the fine print. In fact, there are eight categories of works that can be copyrighted:
  1. Literary, musical and dramatic works.
  2. Pantomimes and choreographic works.
  3. Pictorial, graphic and sculptural works.
  4. Sound recordings.
  5. Motion pictures and other AV works.
  6. Computer programs.
  7. Compilations of works and derivative works.
  8. Architectural works.
A work becomes copyrighted when it is fixed in a tangible medium of expression. Since March 1, 1989, works no longer require a copyright notice. Copyright registration is also no longer required. However, many authors and publishers still affix a copyright notice to works so that the owner of the copyright can be easily identified.

Copyright does not protect facts, ideas, systems, or methods of operationOne of my favorite examples is that you cannot copyright the phone book. You can copyright the presentation of data, but you can't copyright the listings. Facts (scientific, historical, biographical or current events) that an author discovers through research or observation are in the public domain.

A copyright does not protect an author's ideas, although it may protect the way ideas are expressed. If a simple idea could be protected, it would actually prevent more substantial creative works from being created. It is the implementation of an idea that’s protected, e.g., how the idea is presented in a novel, a movie or some other media. 

How long does a copyright last? According to the U.S. Copyright Office website, the term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. 

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. 

For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code).

When you put your idea to paper, it becomes "fixed to tangible media." With or without the © symbol, your work product is protected by the copyright laws. Check the Copyright Office's web page for more information.

Monday, March 13, 2017

No Child Left Behind, Every Student Succeeds, and Now Choices in Education


I'm just a bill.
Yes, I'm only a bill.
And I'm sitting here on Capitol Hill.
Well, it's a long, long journey
To the capital city.
It's a long, long wait
While I'm sitting in committee,
But I know I'll be a law someday
At least I hope and pray that I will,
But today I am still just a bill

~I'm Just a Bill
Schoolhouse Rock






Last week, I saw a post on Facebook. It read as follows:


It drew my eye because it discusses pending legislation and it concerns education, particularly education of children with disabilities.

"ESSA" refers to the "Every Student Succeeds Act," which is a 2015 amendment to the Elementary and Secondary Education Act of 1965. ESSA was enacted to replace No Child Left Behind. NCLB, enacted in 2002, required schools receiving federal funds meet certain benchmarks. If a school did not meet the benchmarks, students might be given the option of attending a school that did meet the progress goals. 

On January 23, 2017, Rep. Steve King and other Republican Congressmen introduced H.B. 610, which they are calling, "The Choices in Education Act." The bill, if enacted would do some of the things that the Facebook post claims. According to information provided on Congress.gov:
  • The bill repeals the Elementary and Secondary Education Act of 1965 and limits the authority of the Department of Education (ED) such that ED is authorized only to award block grants to qualified states.
  • It also establishes an education voucher program, through which each state shall distribute block grant funds among local educational agencies (LEAs) based on the number of eligible children within each LEA's geographical area. From these amounts, each LEA shall: (1) distribute a portion of funds to parents who elect to enroll their child in a private school or to home-school their child, and (2) do so in a manner that ensures that such payments will be used for appropriate educational expenses.
The post is incorrect, however, when it says that H.B. 610 will abolish the No Hungry Kids Act. It does, amend the Act and water down the effect of the Act. Under the No Hungry Kids Act, lunches served by schools must meet minimum nutritional requirements, except that the minimum nutritional requirements do not prohibit the substitution of foods to accommodate medical or other special dietary needs of individual students. The new bill adds that the nutritional requirements cannot establish a calorie maximum for individual school lunches or prohibit a child from eating a lunch provided by the child's parent or legal guardian.

Before you pick up your phone to call your Congressman or start typing that email, there are some things you should know:
  • When the bill was introduced in January, it was referred to Committee (as is done with any proposed legislation) and no further action has been taken, except that one of the four sponsoring Congressmen withdrew his sponsorship.
  • The Committee, in this case the House Committee on Education and the Workforce, must consider the legislation before it can be sent to the House floor. Most likely, before it would be considered by the whole committee, it would first fall under the purview of the Subcommittee on Early Childhood, Elementary and Secondary Education. The Subcommittee is comprised of seven republicans and six democrats whose job it is to explore the implications of the bill, the cost of the bill, and maybe hold hearings on the bill.
  • The bill could also die in Committee. In fact, it is likely it will die in Committee. According to USHistory.org, more than 90 percent of congressional bills die in committee.
  • With only three sponsors, this bill doesn't appear to be viable. If members of the House of Representatives thought the bill would succeed, they would be jumping on the bandwagon to sponsor it.
If you've been watching the news, you know that Congress has been busy trying to create a replacement for the Affordable Care Act (also known as "the ACA" or "Obamacare"). After that, there is talk of tax reform, so for now, education reform appears to have been put on the back burner, but it is likely to return to the forefront before long. When it does, it could be H.B. 610 or it might be another bill. It might also be a combination of bills. Either way, this is unlikely to be the last we hear about education reform. 

Stay tuned for further developments.

Saturday, April 9, 2016

Beware of Wolves in Government Agents' Clothing

They headed down to, ooh, old El Paso
That's where they ran into a great big hassle
Billy Joe shot a man while robbing his castle
Bobbie Sue took the money and run

* * *

Bobbie Sue, whoa, whoa, she slipped away
Billy Joe caught up to her the very next day
They got the money, hey
You know they got away
They headed down south and they're still running today
Singin' go on take the money and run

~Take the Money and Run
The Steve Miller Band



Telemarketers have been a thorn in the side of the average person for years. They are known to interrupt dinner and won't take no for an answer. However, there are some callers who are beyond annoying, they are dangerous because they want to get you to give personal information they can use to steal from you.

The advent of the computer, and more recently iPads, tablets and smart phones, has brought these intruders into our houses in another way. They're lurking in the shadows waiting to get us to give up information online.

Telephone.  You come home from work after a rough  day and play the voice messages on your land line (yes, there are people who still have land lines). Your heart starts pounding when you hear a caller identify himself as an IRS agent. They inform you that you owe back taxes and demand that you pay it immediately. They tell you to make the payment on a prepaid debit card. Before you start transferring money, STOP!!

The IRS will never:
  • Call to demand immediate payment, nor will the agency call about taxes owed without first having mailed you a bill.
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card.
  • Ask for credit or debit card numbers over the phone.
  • Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.
Every year, the IRS puts out a list of its Dirty Dozen scams to help taxpayers avoid being tricked.

Another common phone scam is solicitations for charity. There are several sites to check whether a charity is truly a charity. Two of the best known are Charity Navigator and GuideStar. Another common scam is solicitations for your local police and fire department (see Solicitations for Police and Firefighters).


Computer.  You're surfing the internet when a pop-up or a locked Internet browser alerts you that you have violated the law and/or are being monitored by the NSA. You have 24 hours to pay the fine or all your files, passwords, financial information, etc. The message even throws in a couple of official looking citations from the U.S. Code (the laws enacted by Congress) to convey the gravity of the situation. And, they know where you live. Your town is listed right there on the message.

The NSA
  • gathers information America's adversaries wish to keep secret and protects America's vital national security information and systems from theft or damage by others; and
  • does not take control of the computers of the average American and prevent the individual from accessing the internet until a ransom is paid.
For more on computer security (probably more than you ever wanted to know), check out Guide to Malware Incident Prevention and Handling. One helpful thing in this 101-page document is the Glossary of different computer security and scam terms.

I've just scratched the surface here. Scammers are becoming more sophisticated all the time, and you must remain vigilant to protect yourself. 

Caveat Emptor

Let the buyer beware. Here are a couple of common sense rules for avoiding being a victim. 

(1) Don't give out personal information to people who call you on the phone or email you without you first initiating contact. Be especially careful about credit card, social security and bank account numbers. Ask the caller if they will send you information in the mail about their organization or cause. If they won't, or if they say that you have to make a decision immediately, then end the call.
(2) Don't click on links in unsolicited emails. Scammers are good at making up websites that mimic legitimate websites. If I'm interested in something in an email that has a link, I will google the organization and go to the website that way. I can look for whatever I'm interested in once I get to the website.
(3) Don't allow someone on the phone (or on the computer) to push you into making a decision right away. If they can get you off-balance so you make a snap decision, they have a better chance of separating you from your money.
(4) Research the organization or the cause before you give them money. I can't think of any situation where a legitimate organization would not give you time to find out more about them.
(5) Government agencies will contact you via U.S. mail for routine matters. They won't call (at least for an initial contact) and they won't hold your computer for ransom.
(6) There's this pesky thing called the U.S. Constitution. Of course I'd find a way to work that in here, but it's relevant. Due process means that the government can't deny a citizen of his or her rights. Remember the idea of being innocent until proven guilty? If there's a dispute over you owing money to the government or criminal allegations against you, then you have a right to a trial. The government can't say you're guilty of a crime and require you to pay a penalty without a trial. That would be a denial of due process.
(7) Forget your manners! Most of us have had etiquette drilled into us for as long as we can remember. However, if you have a solicitor who is unwilling to end a phone conversation when you try to end it, then it's time to hang up the phone. Remember that their goal is to keep you on the phone until they make a sale or get you to make a "payment." 

Lastly, I found information on the FTC Consumer Information webpage regarding scams. You can even sign up for scam alerts. Click here to check it out.

Tuesday, March 22, 2016

Taxation Without Representation

Let me tell you how it will be
There's one for you, nineteen for me
Cos I'm the taxman, yeah, I'm the taxman

Should five per cent appear too small
Be thankful I don't take it all
Cos I'm the taxman, yeah I'm the taxman

If you drive a car, I'll tax the street
If you try to sit, I'll tax your seat
If you get too cold I'll tax the heat
If you take a walk, I'll tax your feet

~Taxman
The Beatles






When you think of important dates in American History, March 22 probably does not come to mind. However, March 22, 1765, was a pivotal date. It's the date when the English Parliament passed the Stamp Act. No, the Stamp Act was not about postage stamps. The Stamp Act required that stamps be purchased and placed on all legal documents and printed materials in the American colonies. This included ship's papers, licenses, wills, deeds, newspapers, other publications, and even playing cards and dice (?).

Some of the revenue would be used to maintain regiments of British soldiers in the the Appalachian area, where there was concern of skirmishes with Native Americans. The Stamp Act also provided that violators of the Act could be tried and convicted without juries in the vice-admiralty courts.

The colonists, however, had not braved cramped boats, stale food and rough seas to incur additional taxes and lose rights. What's more, they had already been hit with the Sugar Act of 1764, which levied duties on imports of textiles, wines, coffee and sugar; the Currency Act of 1764, which caused a decline in the value of the paper money used by colonists; and the Quartering Act of 1765, which required colonists to provide food and lodging to British troops. 

Although the Stamp Act really didn't cost a lot, it was the principal of the thing, and the standard it seemed to set. Previous taxes and duties on colonial trade had been seen as measures to regulate commerce, but the Stamp Act was viewed as a direct attempt by England to raise money in the colonies without the approval of the colonial legislatures. The colonists were concerned that this tax, if not challenged, could lead to more onerous taxes in the future.

For more information about the colonists' view of the Stamp Tax vs. the British view, see The Stamp Act Controversy.

The Stamp Act motivated colonists to take action. The phrase "taxation without representation" was uttered. There were protests and street violence. And, the Massachusetts Assembly invited the legislatures of other colonies to a congress in New York to "consult together on the present circumstances of the colonies." 

See how another colony perceived the Stamp Act -- A Summary of the 1765 Stamp Act -- Colonial Williamsburg.

In October of that year, delegates from nine of the 13 colonies met in New York to discuss a unified colonial response to the Stamp Act. This "Stamp Act Congress" was significant because it was the first unified meeting of the American colonies to respond to British colonial policies. 

The Stamp Act Congress drafted a "Declaration of Rights and Grievances," which stated, among other things that (1) only the colonial assemblies had a right to tax the colonies; (2) trial by jury was a right, and the use of Admiralty Courts was abusive; (3) colonists possessed all the rights of Englishmen; and (4) without voting rights, Parliament could not represent the colonists.

For quick facts on the Stamp Act Congress, see Stamp Act Congress (1765).

The Stamp Act was short-lived. The effect of the Stamp Act was not. Although the British government repealed the tax the next year, the repeal was coupled with the Declaratory Act, a reaffirmation of its power to pass any laws over the colonists as it saw fit. Societies that were formed in opposition to the Stamp Act continued to meet in opposition to what they saw as abusive policies of the British empire. These societies played a large role in the Revolutionary War ten years later.

For a more comprehensive discussion of the Stamp Act, check out Stamp Act.

Now, 250 years later, we still question things that our government (federal, state or local) taxes:

Sin taxes: According to Merriam-Webster, a sin tax is a tax on substances or activities considered sinful or harmful (as tobacco, alcohol, or gambling). Recently, state and local governments have started looking for other "sins" to discourage through tax. See Nation's first soda tax is passed.

Tampon taxes: Sales taxes are typically applied to grocery items and other goods sold in retail stores. Often items that are a "medical necessity" are exempted from such tax. However, most states and local governments do not exempt feminine hygiene products, despite the fact that most women consider them a necessity. See The Tampon Tax Explained.

Other strange or unusual taxes: Until May 1, 2015, the State of Alabama charged a 10-cents-per-deck tax on playing cards. For this, and other strange or unusual taxes, see A Tax on Arrows? Nuttiest New Taxes. Fair warning, this article is from 2012, so some of the taxes (like the Alabama playing card tax), may no longer be effective.


Friday, March 11, 2016

Spring Forward, Fall Back


As I was walking down the street one day
A man came up to me and asked me what the time was that was on my watch, yeah
And I said
Does anybody really know what time it is
(I don't)
Does anybody really care
(care)
If so I can't imagine why
(about time)
We've all got time enough to cry






It's that time of the year. At 2 a.m. on Sunday morning, we set our clocks ahead to 3 a.m., and we lose an hour sleep. Most of us don't actually get up in the middle of the night to set the clock ahead, but it's probably safe to say that we all feel that missing hour. People will tell you that they look forward to the extra light in the evening, and it almost makes up for losing an hour of sleep. Almost. The next week is going to be rough. Check out these wellness tips for adjusting to Daylight Saving Time (DST), and see how technology is making it easier to stay on time.

Personally, I always liked the fall time change, but that might have something to do with the fact that my birthday is at the end of October, and, until 2007, I would sometimes get an extra hour of birthday.  

Most of us see DST as an annoyance. We complain, but mostly write it off as just a part of our hectic modern lives. We all know that DST is observed for the purpose of conserving energy, but how? If it's dark in the morning when you get up, you still need to turn on lights, right? 

In time of war.  DST was initially employed in 1916 (during World War I) by Germany. Other countries followed suit. The United States observed it for one year in 1918, but it was so unpopular that it was discontinued on a national level the next year. Municipalities and states, however, were free to establish their own DST. The cities of New York and Chicago were just two municipalities that continued to adjust their clocks twice a year. The lack of uniformity among local and state governments created a hodge-podge of different "time zones" in the years after the war ended.

During World War II, the United States again established a national DST. As before, it was an unpopular idea that was abandoned when the war ended.

Chaos and confusion.  After World War II, the different states and municipalities could once again create their own DSTs. In 1963, Time magazine described the system as "a chaos of clocks." By 1965, there were 23 different pairs of start and end dates in the state of Iowa alone. St. Paul, Minnesota, began DST two weeks before its adjacent neighbor, Minneapolis. Passengers on a 35-mile bus ride from Steubenville, Ohio, to Moundsville, West Virginia, passed through seven time zones.

Uniform Time Act. In 1966, DST was here to stay when the U.S. Congress passed legislation standardizing DST from the last Sunday in April to the last Sunday in October. States could still opt out of DST and stick with standard time throughout the year. Check out the text of the Act and additional historical information.

Remember when we went to school in the dark? I'm dating myself, of course, because in order to remember going to school in the dark, you would have had to be in school in 1974 and 1975. During the 1973 oil embargo by the Organization of Petroleum Exporting Countries (OPEC), in an effort to conserve fuel Congress enacted a trial period of year-round DST, beginning January 6, 1974, and ending April 27, 1975.

The thought was that having increased daylight hours in the winter provided more time in the evening for recreation, reduced lighting and heating demands, reduced crime and reduced automobile accidents. Farmers and other people whose hours were set by the sun rather than by the clock objected because with later sunrises and sunsets, they were unable to arrive at work on time after morning activities or participate in evening activities. Another major concern was children leaving for school in the dark.

The Act was amended in October 1974 to return to standard time for the period beginning October 27, 1974, and ending February 23, 1975, when DST resumed. When the trial period ended in 1975, the country returned to observing summer DST. The Department of Transportation reported that the benefits of the year-round DST were "minimal," and the National Bureau of Standards (NSB) found no significant energy savings or differences in traffic fatalities. The NSB did note, however, statistically signicant evidence of increased fatalities among school-age children in the mornings during the test period, although there was no clear link to DST.

Recent changes. In 1986, DST was changed to start on the first Sunday in April. The ending was still the last Sunday in October.

Energy Policy Act of 2005. The last change to DST was part of a tax bill in 2005. President George W. Bush signed the bill into law, thus extending DST by four weeks. Starting in 2007, DST would start on the second Sunday in March (that would be this coming Sunday) and end on the first Sunday in November (thus giving an extra hour of daylight for Halloween trick-or-treating and ending the possibility of extra birthday time for me).

More information about DST is available in the article, 8 Things You May Not Know About Daylight Saving Time or Daylight Saving Time (Snopes).


Notes
  1. Although you often hear it called "Daylight Savings Time," the word is, in fact, singular.
  2. DST is in the summer, when you would be on Eastern Daylight Time (EDT), Central Daylight Time (CDT), Mountain Daylight Time (MDT) or Pacific Daylight Time (PDT). In the winter, it's standard time (abbreviated as EST, CST, MST and PST). This also means that, although you might prefer days with more evening light, winter time with its earlier nightfall, is actually the standard time.
  3. Although there has been discussion of eliminating DST, there are currently no plans to do so. In order to abolish DST, the U.S. Congress must legislate the change.
  4. DST was not created to aid farmers. In fact, farmers are generally against DST for the reasons mentioned above. See Why do we have Daylight Saving Time?
  5. Benjamin Franklin is often credited with originating or "inventing" DST, but, in fact, he only proposed a change in sleep schedules, not changing time itself.
  6. Most areas of the United States currently observe DST, with the exception of Arizona (except for the Navajo Nation, which does observe DST), Hawaii, and the territories of Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands. 

Thursday, March 10, 2016

My House Is Not Your House

And now you're back
From outer space
I just walked in to find you here
with that sad look upon your face
I should have changed that stupid lock
I should have made you leave your key
If I've known for just one second you'd be back to bother me
Go on now, go, walk out the door
Turn around now
You're not welcome anymore

Gloria Gaynor


Ben Franklin said, "Guests, like fish, begin to smell after three days." What do you do about "guests" who overstay their welcome? A friend needs a place to stay for "a few days." You have a live-in employee. Your ex just needs to get on their feet. How can you say no to a person in need? You don't want to throw them out in the street!

A few days turns into a few weeks and then a few months, and now you don't see any indication that your "guest" is planning to leave. What do you do now? They say, "no good deed goes unpunished," and this is a prime example of that old adage. Your guest may not have their own room or their own set of keys to the house, but they use your address as their home address and they receive mail there. You no longer have a guest -- you have a housemate, and, if they won't leave, you must go to court and have them evicted. That hardly seems fair, does it?

Fair or not, that's the law. Call the police, and they'll tell you the same thing. Even though the person living in your house has never paid rent and there was never a lease, you are stuck with this no-longer-welcomed guest! They help themselves to food that you purchase. They invite their friends over when you're trying to sleep. They sleep during the day when you're awake. Or, they just occupy space.

You've tried talking to them. You've given them ultimatums. They've promised to find somewhere else to live. Still, you come home from work each day to find that they are still there. 

Think I'm being overly dramatic? Check out these two examples that made the news:

Example 1. The nanny who wouldn't leave. From the moment that Mary Poppins floated into theaters with her carpet bag and magical umbrella, nannies have occupied a special place in popular culture. There have been singing nannies (The Sound of Music), psychic nannies (The Nanny and the Professor), wise-cracking nannies (The Brady Bunch), male college student nannies (Charles in Charge), cosmetic-salesperson-turned-nanny nannies (The Nanny), fathers disguised as nannies (Mrs. Doubtfire), male Navy SEAL nannies (The Pacifier), magical nannies (Nanny McPhee), childish nannies (Uptown Girls), female college student nannies (The Nanny Diaries) and reality TV nannies (Supernanny). In none of those instances, however, did the nanny overstay his or her welcome like a nanny in California in the summer of 2014 (sometimes referred to as "the squatter nanny"). 

This started when a family posted an ad on Craigslist to find a live-in nanny to help the mother manage the house. Depending on who you believe, the nanny either quit doing the job she was hired to do (and was fired) or the family became unreasonably demanding (and the nanny quit). Even after employment terminated, the nanny continued to live in the house (in the room she had been given when she moved in). That's when the news media picked up the story:



To minimize the possibility of this and other "nightmare nanny" situations, check out 12 Tips for Hiring a Live-In Nanny .

Example 2. The socialite squatter. Perhaps not the stuff that whole programs can be based around (or at least not any on the "best" lists), but another plot device is the friend or acquaintance who moves in "until they can get on their feet," and then stays and stays until the hosts are ready to pull their hair out. This second example is that scenario. A New York socialite was hit by a car in 2014. She and her mother moved in with an acquaintance, claiming that their apartment was being renovated, and they stayed and stayed.

Socialite accused of squatting in actress' home

Socialite squatter finally booted from actress' Fifth Ave. co-op

These are just two extreme examples that made the news, but there are many other situations that don't make the news--an ex won't leave when the relationship is over, a child won't leave the nest or a friend needs a place to stay for a few days. 

If you've found yourself with an unwanted house guest, what can you do? First, try the direct approach--ask the guest to leave. If that doesn't work, however, you may have to go to court to have your house guest evicted. See How to Put a Friend or Relative out of Your House.

Good luck!